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10/04/2022
4 ER �A BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 4, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Joseph H. Earman, Vice Chairman, District 3 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Stan Boling, GraceSpring Covenant Church 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 4.A. Addition 13.C. -- Town of Indian River Shores v. City of Vero Beach Federal Litigation Update Attachments: Staff Report 4.11. Addition I I.A. - Update Regarding Hurricane Ian Attachments: Staff Report Hurricane Ian 5. PROCLAMATIONS and PRESENTATIONS S.A. Presentation of Proclamation in Recognition of Fire Prevention Week 2022 Attachments: Proclamation October 4, 2022 Page 1 of 6 S.B. Proclamation Recognizing the Week of October 2-8, 2022 as National 4-H Week Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Appointment of Michelle Morris to the Children's Services Advisory Committee Representing District 2 Attachments: Commissioner's Memo Morris App and Resume 7.B. The Inaugural Peter D. O'Bryan Open Disc Golf Championship at Kiwanis-Hobart Park on October 15, 2022 Attachments: Disc Golf FlyerRev 8. CONSENT AGENDA B.A. Checks and Electronic Payments September 2, 2022 to September 8, 2022 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments September 9, 2022 to September 15, 2022 Attachments: Finance Department Staff Report 8.C. Approval of Professional Surveying and Mapping Services Agreements (RFQ 2022064) Attachments: Staff Report Sample Agreement Rates 8.D. Third Party Claims Administration Agreement with Johns Eastern Co.Funding Allocation for Fiscal Year 2022/23 Attachments: Staff Report - JEC Renewal Extension JEC TPA Extension and Renewal 8.E. Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International, Inc. Attachments: Staff Report Master Service Agmt (Contract # CI -110-950) Third Renewal of Master Service Agmt Maintenance Cost Summary for 2022-2023 CPI Calculation Letter Instructions for the Consumer Price Index, Southern Urban October 4, 2022 Page 2 of 6 S.F. Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River County Department of Emergency Services Attachments: Staff Report COPCN Renewal Application IRCES 8.G. Release of Right of Entry and Reservation of Mineral Rights Attachments: Staff Report Release of Mineral Rights (Ocean Spray) 9-27-22 Original County Deed 9-27-22 8.H. Resolutions Cancelling Taxes Attachments: Staff Memo Resolution Cancelling Taxes - BrowardVero Storage LLC SP Resolution Cancelling Taxes - Hampton Park PD Meritage Homes 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS IO.C.I. Notice of Scheduled Public Hearing for October 11, 2022: Glendale Baptist Church/School Modified Conceptual Site Plan and Special Exception Use Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works October 4, 2022 Page 3 of 6 12.G.1. FDOT Supplemental Agreement No. 3 to Agreement FM No. 431759-2-54-01 and Resolution Authorizing the Chairman's Signature for the Construction of Intersection Improvements at SR -60 and 43rd Avenue, IRC -0853 Attachments: Staff Report Authorizing Resolution Supplemental Agreement No. 3 H. Utilities Services 12.11.1. Utility Accounts Receivable Bad Debt Follow -Up and Potential Foreclosure Activity Attachments: Staff Report Notice of Future Potential Connection Charges 13. COUNTY ATTORNEY MATTERS 13.A. Website Publication of Legal Notices Attachments: Staff Report 13.11. Donation of County Property to the Florida Department of Transportation to be Used as Right -of -Way for the Oslo Road/I-95 Interchange Project Attachments: Staff Report Color Map Depicting FDOT ROW Parcel - Oslo 195 Interchange Donation Form, Deeds, and Resos - FDOT Oslo 195 Interchange 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1. Off Leash Dog Park Attachments: Staff Report B. Commissioner Joseph H. Earman, Vice Chairman 14.B.1. Discussion on Changes to Beach Renourishment Project Easement Attachments: Commissioner's Memorandum DRAFT Easement w/changes C. Commissioner Susan Adams 14.C.1. Oslo Cemetery Rules and Regulations for Burial Attachments: Commissioner's Memo D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS October 4, 2022 Page 4 of 6 A. Emergency Services District 15.A.1. Approval of Public Medical Transportation Letter of Agreement between Indian River County Emergency Services District and the Agency for Health Care Administrations (Year Four) Attachments: Staff Report PEMT LOA 2022-2023 FY 2022-23 PEMT Allotments (Year 4) B. Solid Waste Disposal District 15.B.1. First Amendment and Renewal to the Biosolids Agreement between the Solid Waste Disposal District and the City of Vero Beach Attachments: Staff Report First Amendment and Renewal Biosolids Agreement with the City of Vero Beach C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircizov.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. October 4, 2022 Page 5 of 6 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. October d. 2022 Page 6 of 6 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney County Attorney's Matters - B. C. C. 10. 4.22 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 30, 2022 ATTORNEY SUBJECT: Town oflndian River Shores v. City of Vero Beach Federal Litigation Update The County Attorney would like to provide an update to the Indian River County Board of County Commissioners on recent events in the Town of Indian River Shores v. City of Vero Beach federal litigation. C:IGinniaisV,egiarar51L51Te pl2jVdbc72-5754-477em3a9<a9bcdalllW.doc County Administrator's Matters October 4, 2022 Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: September 30, 2022 SUBJECT: Update Regarding Hurricane Ian Staff would like to provide an update regarding Hurricane Ian. Proclamation IN RECOGNITION OF FIRE PREVENTION WEEK 2022 OCTOBER 9-15,2022 'Whereas, Indian River County Board of County Commissioners is committed to ensuring the safety and security of all those living in and visiting Indian River County. Fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire. Home fires killed more than 3,500 people in the United States in 2020, according to the National Fire Protection Association, and fire departments in the United States responded to 490,500 home fires; and 'Whereas, smoke alarms sense smoke well before you can, alerting you to danger in the event of fire in which you may have as little as 2 minutes to escape safely. Working smoke alarms cut the risk of dying in reported home fires in half; and -Whereas, Indian River County's residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and Indian River County's residents should make sure their smoke alarms meet the needs of all their family members, including those with sensory or physical disabilities; and 'Whereas, Indian River County first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and residents that are responsive to public education measures are better able to take personal steps to increase their safety from fire, especially in their homes; and -Whereas, the 2022 Fire Prevention Week theme, "Fire won't wait. Plan your escape effectively" serves to remind Residents of Indian River County it is important to have a home fire escape plan. Naw, ?herefore, be it Procfaimedby the Boardof County Commissioners of Induin River County, Florida, that the Board does hereby proclaim October 9-15, 2022, as Fire Prevention Week throughout this State, and we urge all the people of Indian River County to plan and practice a home fire escape for Fire Prevention Week 2022, and to support the many public safety activities and efforts of Indian River County's fire and rescue services. Adopted this 4th day of October, 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 5/3 ProcCamattom RECOGNIZING THE WEEK OF OCTOBER 2-8,2022 AS NATIONAL 4-H WEEK -Whereas, 4-H is America's largest youth development organization, having supported almost six million youth across the country thus far; and -Whereas, 4-H has helped 1300 youth in Indian River County to become confident, independent, resilient, and compassionate leaders; and -Whereas, 4-H is delivered by Cooperative Extension - a community of more than 100 public universities across the nation that provides experiences where young people learn by doing in hands- on projects in areas including health, science, agriculture and citizenship; and Whereas, National 4-H Week showcases the incredible experiences that 4-H offers young people, and highlights the remarkable 4-H youth in Indian River County who work each day to make a positive impact on those around them; and -Whereas, 4 -H's network of 600,000 volunteers and 3,500 professionals provides caring and supportive mentoring to all 4 -Hers, helping them to grow into true leaders, entrepreneurs and visionaries. Wow, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Flori&4a, that the Board hereby recognizes October 2-8, 2022 as NATIONAL 4-H WEEK throughout Indian River County, and encourages all of our citizens to recognize 4-H for the significant impact it has made and continues to make by empowering youth with the skills they need to lead for a lifetime. Adopted this 4th day of October, 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 KA IN October 4, 2022 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 19, 2022 SUBJECT: Appointment of Michelle Morris to the Children's Services Advisory Committee Representing District 2 FROM: Joseph E. Flescher Commissioner, District 2 Discussion Item Each County Commissioner appoints a representative to the Children's Services Advisory Committee. I am presenting Michelle Morris's resume and informing the Board of my intention to appoint her to the Committee as a permanent member representing District 2. Attachment Michelle Morris Committee Application and Resume 3 Indian River County Boards & Commissions Profile Michelle Morris jmichellemorris@bellsouth.net P. O. Box 700089 Swe w Api Wabasso FI_ Slate Mobile: (772) 473-1466 .. Nlwl,ale Phone Retired Job Title Which Boards would you like to apply for? Children's Services Advisory Committee: Submitted How long have you been a resident of Indian River County? 38 years 32970 Poscn Are you a full-time or part-time resident? Select one. ' W Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. Retired law enforcement, as part of my duties I was on various non profits over the years with many of them pertaining to children services. Please list any licenses you presently hold: Submit Date: Sep 08, 2022 Please list any organization of which you are currently a member: Elks club of sebastian Exchange Club of Sebastian Please list any other committees or boards you currently sit on: Daise Hope (finishing up my term) St. Sebastian parish council ( finishing up my term) Exchange club of Sebastian (Board member, 1 year left in term) Michelle Morris Interests & Experiences Why are you interested in serving on a board or commission? I retired 2 and a half years ago and have continued to stay active in our community by volunteering in a few non profit organizations. In my 33 years as a law enforcement officer and my final tenure as Chief of Police for 11 years I have been on several non profit boards dealing with children services, I feel my experience could be an asset to this position if chosen. M.Morris short resume 2022 copy docx J; rF Demographics Political Party V Republican 04/29/1968 Race (Used for State Reporting)' A Caucasian Do you have a government recognized disability? (Used for State reporting information) r• Yes r: No Michelle Morris 5 MICHELLE MORRIS P. O. Box 700089 Wabasso, FL. 32970/(772)473-1466/jmichellemorris@bellsoufh.net Summary I am interested in becoming a member of the Children Services Advisory Committee, I believe my experiences in law enforcement as well as my many years of being part of several non profit organizations give me the knowledge to assist our community. I have lived in Indian River County for 38 years and plan on being here the rest of my life. My husband of over 30 years and I raised our sons here and have been active in various sports, church and school affiliations. My passion has always been our youth and I look forward to serving if chosen. Education MS/ Criminal Justice- University of Central Florida 2003 I have attended many career services courses, training, etc. and will supply if required. Experience Sebastian Police Department Chief of Police/ 2009-2020 Multiple other positions/] 987-2009 1 have had a variety of experiences during my 33 year career from patrolling to managing and leading the police department. Awards and Acknowledgements Will supply if required. C.1 Peter D. 0113ryan Open ��aJ9 nsh"IP Disc GoLf Champio Kiwanis Hobart Park 5555 77th St, Vero Beach, FL 32967 Date: 10/15/2022 8 AM Check In 9 AM Shotgun Start • Open to all County employees and Elected Officials • 18 teams (72 players) - 4 players per team 3 players minimum to make up a team • Individual Registration with option to list team members and team name • Any player not on a team will be assigned a team • Discs provided if needed • Prizes for Winning Team /Longest Drive /Closest'to Pin /Ace • Light refreshments served at Check In. W ! • Best Shot (Scramble Format) • Scan QR Code below to register JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 27`h Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 8, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 2, 2022 to September 8, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of September 2, 2022 to September 8, 2022. E-1 9 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 427275 09/02/2022 NORTH CAROLINA CHILD SUPPORT 105.69 427276 09/02/2022 NORTH CAROLINA CHILD SUPPORT 55.38 427277 09/02/2022 AMERTTAS 32,928.12 427278 09/02/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 427279 09/02/2022 P&AADMINISTRATIVE SERVICES INC 432.00 427280 09/02/2022 NORTH DAKOTA CHILD SUPPORT 228.47 427281 09/08/2022 PARAGON ELECTRIC OF VERO INC 30,334.26 427282 09/08/2022 EDLUND DRITENBAS BINKLEY ARCHITECTS 300.00 427283 09/08/2022 AT&T CORP 1,273.52 427284 09/08/2022 STATE ATTORNEY 12,451.58 427285 09/08/2022 AMERON HOMES INC 9,718.65 427286 09/08/2022 MBV ENGINEERING INC 3,674.50 427287 09/08/2022 FISHER & PHILLIPS LLP 147.50 427288 09/08/2022 SOUTHERN MANAGEMENT LLC 1,018.50 427289 09/08/2022 CATHEDRAL CORPORATION 17,700.00 427290 09/08/2022 CANARX GROUP INC 7,345.70 427291 09/08/2022 PROCTOR CONSTRUCTION COMPANY LLC 34,644.71 427292 09/08/2022 CHANGE HEALTHCARE LLC 36,807.69 427293 09/08/2022 LOUISE FIKA 122.63 427294 09/08/2022 CENSTATE CONTRACTORS INC 444,182.00 427295 09/08/2022 WEX HEALTH INC 5,791.65 427296 09/08/2022 TREASURE COAST GENERAL CONTRACTOR LLC 152,862.00 427297 09/08/2022 BLUETARP FINANCIAL INC 33.44 427298 09/08/2022 PORT CONSOLIDATED INC 949.71 427299 09/08/2022 STURGIS LUMBER & PLYWOOD CO 1,143.61 427300 09/08/2022 COMMUNICATIONS INTERNATIONAL 422.00 427301 09/08/2022 TEN -8 FIRE EQUIPMENT INC 2,240.08 427302 09/08/2022 VERO CHEMICAL DISTRIBUTORS INC 253.20 427303 09/08/2022 PALMDALE OIL COMPANY INC 10,794.82 427304 09/08/2022 RICOH USA INC 162.98 427305 09/08/2022 RICOH USA INC 140.84 427306 09/08/2022 CHISHOLM CORP OF VERO 1,154.25 427307 09/08/2022 KIMLEY HORN & ASSOC INC 3,084.50 427308 09/08/2022 LINDEN-BEALS CORP 239.01 427309 09/08/2022 SUB AQUATICS INC 49,977.48 427310 09/08/2022 INDIAN RIVER BATTERY 232.05 427311 09/08/2022 GRAINGER 88.96 427312 09/08/2022 GENES AUTO GLASS INC 220.00 427313 09/08/2022 GRAYBAR ELECTRIC CO INC 3,498.07 427314 09/08/2022 HACH CO 11,725.39 427315 09/08/2022 LFI FORT PIERCE INC 617.35 427316 09/08/2022 CLIFF BERRY INC 91.35 427317 09/08/2022 BOUND TREE MEDICAL LLC 649.70 427318 09/08/2022 GULF ICE SYSTEMS INC 2,551.52 427319 09/08/2022 DIVE RESCUE INC 21,167.78 427320 09/08/2022 EXPRESS REEL GRINDING INC 2,830.00 427321 09/08/2022 CITY ELECTRIC SUPPLY COMPANY 28.99 427322 09/08/2022 ABCO GARAGE DOOR CO INC 207.00 427323 09/08/2022 MIDWEST TAPE LLC 1,074.15 427324 09/08/2022 ODYSSEY MANUFACTURING CO 9,899.01 427325 09/08/2022 PRECISION CONTRACTING SERVICES INC 6,440.00 427326 09/08/2022 CENGAGE LEARNING INC 835.88 427327 09/08/2022 GO COASTAL INC 90.50 427328 09/08/2022 SOFTWARE HARDWARE INTEGRATION 195.00 427329 09/08/2022 CLERK OF CIRCUIT COURT 90.20 427330 09/08/2022 CLERK OF CIRCUIT COURT 127.20 427331 09/08/2022 INDIAN RIVER COUNTY HEALTH DEPT 24,330.07 427332 09/08/2022 CITY OF VERO BEACH 745.22 0 TRANS NBR DATE VENDOR AMOUNT 427333 09/08/2022 INDIAN RIVER ALL FAB INC 10,356.72 427334 09/08/2022 HOME DEPOT USA INC 34.93 427335 09/08/2022 HOME DEPOT USA INC 399.00 427336 09/08/2022 LIVINGSTON PAGE 100.00 427337 09/08/2022 ROGER CLEVELAND GOLF INC 1,645.60 427338 09/08/2022 ACUSHNET COMPANY 257.25 427339 09/08/2022 FEDERAL EXPRESS CORP 17.83 427340 09/08/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 1,018.78 427341 09/08/2022 COMO OIL COMPANY OF FLORIDA 62.89 427342 09/08/2022 SUBSTANCE AWARENESS COUNCIL OF IRC INC 525.00 427343 09/08/2022 FLORIDA POWER AND LIGHT 156,618.47 427344 09/08/2022 FLORIDA POWER AND LIGHT 34,469.40 427345 09/08/2022 TAYLOR MADE GOLF CO INC 258.96 427346 09/08/2022 AMERICAN PLANNING ASSOCIATION 3,080.00 427347 09/08/2022 AMERICAN PLANNING ASSOCIATION 270.00 427348 09/08/2022 GIFFORD YOUTH ACHIEVEMENT CENTER INC 21,152.21 427349 09/08/2022 CITY OF FELLSMERE 281.93 427350 09/08/2022 COMPLETE ELECTRIC INC 1,020.05 427351 09/08/2022 HENRY SMITH 100.00 427352 09/08/2022 G K ENVIRONMENTAL INC 25,333.16 427353 09/08/2022 JOHN BROWN & SONS INC 58,600.00 427354 09/08/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 21.78 427355 09/08/2022 CHILDRENS HOME SOCIETY OF FL 3,453.72 427356 09/08/2022 NABORS GIBLIN & NICKERSON PA 7,544.50 427357 09/08/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 500.00 427358 09/08/2022 BRIDGESTONE AMERICAS INC 680.82 427359 09/08/2022 RECHTIEN INTERNATIONAL TRUCKS 399.30 427360 09/08/2022 THE PALMS AT VERO BEACH 1,000.00 427361 09/08/2022 MICHAEL QUIGLEY 40.00 427362 09/08/2022 TRANE US INC 1,232.82 427363 09/08/2022 HULETT ENVIRONMENTAL SERVICES 180.50 427364 09/08/2022 POLYDYNE INC 5,888.00 427365 09/08/2022 THE SHERWIN WILLIAMS CO 948.98 427366 09/08/2022 SOUTHERN JANITOR SUPPLY INC 6,436.04 427367 09/08/2022 KNOX ASSOCIATES INC 576.00 427368 09/08/2022 NEW APP HOLDINGS INC 1,728.00 427369 09/08/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 587.91 427370 09/08/2022 JOHNNY B SMITH 300.00 427371 09/08/2022 INDIAN RIVER RDA LP 750.00 427372 09/08/2022 CEMEX INC 626.64 427373 09/08/2022 AFFORDABLE WATER & COFFEE SVC 67.50 427374 09/08/2022 KWACKS INC 2,022.00 427375 09/08/2022 YOUTH GUIDANCE DONATION FUND 2,210.25 427376 09/08/2022 CORY J HOWELL 1,000.00 427377 09/08/2022 OVERDRIVE INC 1,567.24 427378 09/08/2022 ALAN JAY FORD LINCOLN MERCURY INC 72,972.00 427379 09/08/2022 CARDINAL HEALTH 110 INC 1,364.02 427380 09/08/2022 MUNICIPAL EMERGENCY SERVICES INC 247.60 427381 09/08/2022 MUNICIPAL EMERGENCY SERVICES INC 19,556.77 427382 09/08/2022 BURNETT LIME CO INC 6,710.16 427383 09/08/2022 PENGUIN RANDOM HOUSE LLC 22.50 427384 09/08/2022 CALDWELL PACETTI EDWARDS 3,376.56 427385 09/08/2022 SOUTHERN MANAGEMENT LLC 9,200.00 427386 09/08/2022 DEBORAH CUEVAS 75.00 427387 09/08/2022 COAST TO COAST COMPUTER PRODUCTS INC 339.94 427388 09/08/2022 THE LAW OFFICES OF 2,427.50 427389 09/08/2022 STS MAINTAIN SERVICES INC 21,823.85 427390 09/08/2022 HAWKINS INC 2,282.50 427391 09/08/2022 ESI ACQUISITION INC 27,840.00 427392 09/08/2022 CATHEDRAL CORPORATION 415.78 10 TRANS NBR DATE VENDOR AMOUNT 427393 09/08/2022 UNIFIRST CORPORATION 1,088.13 427394 09/08/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 897.29 427395 09/08/2022 ALFA LAVAL INC 19,394.00 427396 09/08/2022 MEEK & SONS PLUMBING INC 2,349.40 427397 09/08/2022 TRIPLE L IRRIGATION INC 545.00 427398 09/08/2022 CDW LLC 120.21 427399 09/08/2022 MATHESON TRI-GAS INC 10,147.80 427400 09/08/2022 ROBERT O RICHARDSON III 60.00 427401 09/08/2022 COLE AUTO SUPPLY INC 4,656.91 427402 09/08/2022 RHOADES AIR & HEAT 675.00 427403 09/08/2022 ROY I SMITH 245.98 427404 09/08/2022 BETH NOLAN 102.00 427405 09/08/2022 SECURITAS ELECTRONIC SECURITY INC 2,121.93 427406 09/08/2022 RELX INC 820.00 427407 09/08/2022 WOERNER AGRIBUSINESS LLC 140.00 427408 09/08/2022 AAAA SERVICE LLC 841.44 427409 09/08/2022 TYKES & TEENS INC 10,661.09 427410 09/08/2022 DIRECTV GROUP INC 93.24 427411 09/08/2022 EMPIRE PIPE ORLANDO LLC 9,109.22 427412 09/08/2022 AMAZON CAPITAL SERVICES INC 4,071.79 427413 09/08/2022 TREASURE COAST PLUMBING LLC 304.60 427414 09/08/2022 PACE ANALYTICAL SERVICES LLC 226.80 427415 09/08/2022 AMERIGAS PROPANE LP 2,474.95 427416 09/08/2022 JORDAN POWER EQUIPMENT CORP 144.94 427417 09/08/2022 LIBERTY TIRE RECYCLING LLC 2,285.00 427418 09/08/2022 PC SOLUTIONS & INTEGRATION INC 1,440.00 427419 09/08/2022 DERECK R PRINCE 30.00 427420 09/08/2022 MULLINAX FORD OF VERO BEACH 674.09 427421 09/08/2022 JUDITH A BURLEY 242.50 427422 09/08/2022 KRONOS SAASHR INC 94.50 427423 09/08/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 117.31 427424 09/08/2022 DESK SPINCO INC 172.69 427425 09/08/2022 EFLASH NEWSLETTERS LLC 125.00 427426 09/08/2022 FERGUSON US HOLDINGS INC 19,951.13 427427 09/08/2022 BLUE GOOSE CONSTRUCTION LLC 282.56 427428 09/08/2022 STAPLES INC 299.99 427429 09/08/2022 LOWES COMPANIES INC 5,256.86 427430 09/08/2022 SMI TRADING LLC 8.77 427431 09/08/2022 MILLENNIUM CREMATORY LLC 425.00 427432 09/08/2022 GOOD SPORTSMAN MARKETING LLC 306.24 427433 09/08/2022 TOTAL GOLF CART LLC 1,008.51 427434 09/08/2022 CHRIS ZAVESKY 170.00 427435 09/08/2022 ROBERT A HUDSON 300.00 427436 09/08/2022 THEODORE SEMI 410.00 427437 09/08/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 800.00 427438 09/08/2022 BRITTON INDUSTRIES INC 189.89 427439 09/08/2022 TRAILHEAD LABS INC 1,250.00 427440 09/08/2022 LAWRENCE F WALLIN 75.00 427441 09/08/2022 HIREQUEST LLC 6,770.22 427442 09/08/2022 PETERBILT STORE SOUTH FLORIDA LLC 2,295.90 427443 09/08/2022 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 427444 09/08/2022 DOBBS EQUIPMENT LLC 27.43 427445 09/08/2022 VETERAN FIRE SERVICES INC 1,100.00 427446 09/08/2022 SHAMROCK ENVIRONMENTAL CORPORATION 3,599.40 427447 09/08/2022 SHRIEVE CHEMICAL CO LLC 7,562.60 427448 09/08/2022 BTAC HOLDING CORP 3,761.25 427449 09/08/2022 TK ELEVATOR CORPORATION 8,472.00 427450 09/08/2022 CONSOLIDATED WATER GROUP LLC 132.51 427451 09/08/2022 CRYSTAL MCANELLY DIVERS 25.00 427452 09/08/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 1,000.00 11 TRANS NBR DATE VENDOR AMOUNT 427453 09/08/2022 OSCEOLA PHARMACY 144.96 427454 09/08/2022 RONALD MARASCO SR 365.00 427455 09/08/2022 JEFFERYHOGUES 4,100.00 427456 09/08/2022 NATIONAL CONSTRUCTION RENTALS INC 309.12 427457 09/08/2022 MIWANA SARGENT 25.00 427458 09/08/2022 TAYLOR NELSON AUXIER 265.00 427459 09/08/2022 ANCHOR MECHANICAL INC 2,248.79 427460 09/08/2022 DRONE NERD INC 1,750.00 427461 09/08/2022 FIRE EQUIPMENT SYSTEMS OF FLORIDA INC 118.00 427462 09/08/2022 DE 2018 PLLC 2,800.73 427463 09/08/2022 BLUETARP FINANCIAL INC 1,329.67 427464 09/08/2022 US ECOLOGY TAMPA INC 7,601.04 427465 09/08/2022 DAVID DWECK LLC 900.00 427466 09/08/2022 LORREL PINNOCK 1,000.00 427467 09/08/2022 FLEETPRIDE INC 1,471.48 427468 09/08/2022 CAUDILL, SHALER 900.00 427469 09/08/2022 FLORIDAANIMAL CONTROLASSOC INC 95.00 427470 09/08/2022 RENAISSANCE ORLANDO RESORT 145.00 427471 09/08/2022 MARINE RESOURCES COUNCIL OF EAST FL INC 750.00 427472 09/08/2022 BRIAN FREEMAN 98.85 427473 09/08/2022 JEFF MATHIS 196.80 427474 09/08/2022 SUSAN ADAMS 84.46 427475 09/08/2022 TRAVIS PARILLO 200.36 427476 09/08/2022 PATRICK TRAMEL 243.98 427477 09/08/2022 KIMBERLY K MOIRANO 13.17 427478 09/08/2022 SHAWN JORDAN 33.00 427479 09/08/2022 MICHAEL STAUDT 243.00 427480 09/08/2022 ROBERT TOBAR 217.10 427481 09/08/2022 GEM REALTY EVERGREEN TRS LLC 176.00 427482 09/08/2022 PRISM ONE 505.00 Grand Total: 1,649,486.80 12 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019914 09/02/2022 AT&T CORP 509.09 1019915 09/02/2022 AT&T CORP 198.00 1019916 09/02/2022 AT&T CORP 5.76 1019917 09/02/2022 OFFICE DEPOT INC 1,502.45 1019918 09/02/2022 COMCAST 254.95 1019919 09/02/2022 WASTE MANAGEMENT INC OF FLORIDA 598.26 1019920 09/08/2022 NORTH SOUTH SUPPLY INC 102.81 1019921 09/08/2022 INDIAN RIVER OXYGEN INC 443.44 1019922 09/08/2022 DEMCO INC 75.06 1019923 09/08/2022 MIKES GARAGE & WRECKER SERVICE INC 360.00 1019924 09/08/2022 DAVES SPORTING GOODS & TROPHIES 1,144.60 1019925 09/08/2022 MEEKS PLUMBING INC 4,215.00 1019926 09/08/2022 ST LUCIE BATTERY & TIRE CO 101.45 1019927 09/08/2022 COMPLETE RESTAURANT EQUIPMENT LLC 1,381.93 1019928 09/08/2022 PRIDE ENTERPRISES 26.63 1019929 09/08/2022 HYDRA SERVICE (S) INC 250.20 1019930 09/08/2022 GUARDIAN ALARM OF FLORIDA LLC 585.00 1019931 09/08/2022 EFE INC 1,925.02 Grand Total: 13,679.65 13 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9846 09/02/2022 FL SDU 3,658.82 9847 09/02/2022 TOWN OF INDIAN RIVER SHORES 8,116.26 9848 09/02/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 81,149.82 9849 09/02/2022 KIMLEY HORN & ASSOC INC 122,184.67 9850 09/02/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 41,458.00 9851 09/02/2022 MUTUAL OF OMAHA 20,057.10 9852 09/02/2022 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,393.06 9853 09/02/2022 IRC FIRE FIGHTERS ASSOC 10,030.00 9854 09/02/2022 ALLSTATE 125.10 9855 09/02/2022 MUTUAL OF OMAHA 8,165.18 9856 09/02/2022 AMERICAN FAMILY LIFE ASSURANCE CO 17,546.44 9857 09/02/2022 EDH HOLDINGS LLC 411.28 9858 09/02/2022 HEALTH ADVOCATE SOLUTIONS INC 1,572.45 9859 09/02/2022 INDIAN RIVER COUNTY SHERIFF 48,277.23 9860 09/02/2022 TD BANK 7,226.13 9861 09/02/2022 KIMLEY HORN & ASSOC INC 11,687.94 9862 09/02/2022 APTIM CORP 24,814.42 9863 09/06/2022 HIGHMARK STOP LOSS 105,974.68 9864 09/06/2022 IRS -PAYROLL TAXES 507,537.89 9865 09/06/2022 FL RETIREMENT SYSTEM 892,470.88 9866 09/08/2022 PUBLIC DEFENDER 5,682.23 9867 09/08/2022 HEALTH ADVOCATE SOLUTIONS INC 2,077.50 9868 09/08/2022 INDIAN RIVER COUNTY SHERIFF 50,201.28 9869 09/08/2022 KIMLEY HORN & ASSOC INC 16,173.43 9870 09/08/2022 APTIM CORP 53,083.52 9871 09/08/2022 ALLEN CONCRETE & MASONRY INC 477,008.18 Grand Total: 2,521,083.49 14 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127" Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 15, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 9, 2022 to September 15, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of September 9, 2022 to September 15, 2022. 15 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 427483 09/15/2022 DYLAN REINGOLD 109.78 427484 09/15/2022 KELLY MCKINLEY 530.64 427485 09/15/2022 DIANE LYSTLUND 315.00 427486 09/15/2022 SUSAN PRADO 299.78 427487 09/15/2022 JORDAN MONTEROSSO 25.28 427488 09/15/2022 BRAD DEWSON 30.71 427489 09/15/2022 CHRIS BALTER 114.45 427490 09/15/2022 UTIL REFUNDS 70.46 427491 09/15/2022 UTIL REFUNDS 41.58 427492 09/15/2022 UTIL REFUNDS 56.44 427493 09/15/2022 UTIL REFUNDS 71.23 427494 09/15/2022 UTIL REFUNDS 75.06 427495 09/15/2022 UTIL REFUNDS 59.72 427496 09/15/2022 UTIL REFUNDS 87.08 427497 09/15/2022 UTIL REFUNDS 77.63 427498 09/15/2022 UTIL REFUNDS 47.25 427499 09/15/2022 UTIL REFUNDS 150.76 427500 09/15/2022 UTIL REFUNDS 82.20 427501 09/15/2022 UTIL REFUNDS 69.77 427502 09/15/2022 UTIL REFUNDS 67.96 427503 09/15/2022 UTIL REFUNDS 45.91 427504 09/15/2022 UTIL REFUNDS 82.56 427505 09/15/2022 UTIL REFUNDS 42.00 427506 09/15/2022 UTIL REFUNDS 30.33 427507 09/15/2022 UTIL REFUNDS 84.83 427508 09/15/2022 UTIL REFUNDS 27.96 427509 09/15/2022 UTIL REFUNDS 110.68 427510 09/15/2022 UTIL REFUNDS 65.23 427511 09/15/2022 UTIL REFUNDS 42.09 427512 09/15/2022 UTIL REFUNDS 61.15 427513 09/15/2022 UTIL REFUNDS 69.25 427514 09/15/2022 UTIL REFUNDS 69.11 427515 09/15/2022 UTIL REFUNDS 27.80 427516 09/15/2022 UTIL REFUNDS 81.30 427517 09/15/2022 UTIL REFUNDS 22.34 427518 09/15/2022 UTIL REFUNDS 31.51 427519 09/15/2022 UTIL REFUNDS 153.08 427520 09/15/2022 UTIL REFUNDS 44.88 427521 09/15/2022 UTIL REFUNDS 34.16 427522 09/15/2022 UTIL REFUNDS 1.38 427523 09/15/2022 UTIL REFUNDS 12.40 427524 09/15/2022 UTIL REFUNDS 36.45 427525 09/15/2022 UTIL REFUNDS 28.34 427526 09/15/2022 UTIL REFUNDS 113.05 427527 09/15/2022 UTIL REFUNDS 35.66 427528 09/15/2022 UTIL REFUNDS 86.74 427529 09/15/2022 UTIL REFUNDS 36.90 427530 09/15/2022 UTIL REFUNDS 17.05 427531 09/15/2022 UTIL REFUNDS 12.00 427532 09/15/2022 UTIL REFUNDS 21.80 427533 09/15/2022 UTIL REFUNDS 70.45 427534 09/15/2022 UTIL REFUNDS 55.34 427535 09/15/2022 UTIL REFUNDS 89.44 427536 09/15/2022 UTIL REFUNDS 7.13 427537 09/15/2022 UTIL REFUNDS 23.93 427538 09/15/2022 UTIL REFUNDS 84.46 427539 09/15/2022 UTIL REFUNDS 71.33 427540 09/15/2022 COMMUNICATIONS INTERNATIONAL 25,843.46 16 TRANS NBR DATE VENDOR AMOUNT 427541 09/15/2022 AT&T WIRELESS 975.06 427542 09/15/2022 AT&T WIRELESS 143.74 427543 09/15/2022 REPUBLIC SERVICES INC 540,616.40 427544 09/15/2022 EDLUND DRITENBAS BINKLEY ARCHITECTS 1,843.50 427545 09/15/2022 CLERK OF CIRCUIT COURT 132.38 427546 09/15/2022 INTERNATIONAL GOLF MAINTENANCE INC 990.00 427547 09/15/2022 GEOSYNTEC CONSULTANTS INC 29,183.49 427548 09/15/2022 FLORIDA POWER AND LIGHT 2,493.37 427549 09/15/2022 FLORIDA POWER AND LIGHT 3,605.69 427550 09/15/2022 AMERON HOMES INC 5,546.84 427551 09/15/2022 GOULD COOKSEY FENNEL PA 45.20 427552 09/15/2022 FIRST AMERICAN TITLE COMPANY 73.93 427553 09/15/2022 BANK OF NEW YORK 300.00 427554 09/15/2022 CELICO PARTNERSHIP 1,798.29 427555 09/15/2022 BERNARD SEGAL 30.00 427556 09/15/2022 MBV ENGINEERING INC 6,595.00 427557 09/15/2022 RICHARD WEGHORN 719.09 427558 09/15/2022 MELISSA MORAN 39.01 427559 09/15/2022 SYN-TECH SYSTEMS INC 825.00 427560 09/15/2022 SOUTHERN MANAGEMENT LLC 4,791.50 427561 09/15/2022 ADAM 1 INVESTMENT LLC 700.00 427562 09/15/2022 GRBK GHO HOMES LLC 41.78 427563 09/15/2022 GRBK GHO HOMES LLC 167.91 427564 09/15/2022 BREGO PROPERTIES LLC 950.00 427565 09/15/2022 KAYLAN SAWYER 45.00 427566 09/15/2022 FERREIRA CONSTRUCTION COMPANY INC 106,129.24 427567 09/15/2022 LATITUDE 88 INC 931.88 427568 09/15/2022 CENSTATE CONTRACTORS INC 14,592.00 427569 09/15/2022 OUTLAW MARITIME LLC 11,329.80 427570 09/15/2022 COMMANDLINK LLC 3,429.90 427571 09/15/2022 SPIEZLE ARCHITECTURAL GROUP INC 547.70 427572 09/15/2022 DON HINKLE CONSTRUCTION INC 173,582.56 427573 09/15/2022 SUPREME TITLE SOLUTION LLC 47.00 427574 09/15/2022 KATE PRIEST LCSW LLC 5,000.00 427575 09/15/2022 ALLIANCE TTTLE OF THE TREASURE COAST LLC 32.70 427576 09/15/2022 DAVID STONER 51.19 427577 09/15/2022 JOHN CHARLES 36.00 427578 09/15/2022 DORIS CARRINGTON 50.00 427579 09/15/2022 PAMELA CUSANELLI 24.10 427580 09/15/2022 PUBLIC TITLE SERVICES LLC 26.39 427581 09/15/2022 CHRISTINE MCGRIFF 80.00 427582 09/15/2022 MORNINGSIDE FUNDING LLC 100.00 427583 09/15/2022 MARIA THERESA GUILLEN 34.28 427584 09/15/2022 MARC HOPMAYER 96.01 427585 09/15/2022 JUD WEBSTER 325.91 427586 09/15/2022 CAMACLEMADIERICH LLC 104.02 427587 09/15/2022 CHRISTOPHER YORK 111.00 427588 09/15/2022 ABSALOM FERGUSON 34.37 427589 09/15/2022 GREGORY WILLIAMS 32.90 427590 09/15/2022 KEITH LUSTIG 234.00 427591 09/15/2022 SHIRLEY MULCAHY 56.13 427592 09/15/2022 MICHAEL HENNECY 42.77 427593 09/15/2022 SUNBELT TITLE AGENCY 75.32 427594 09/15/2022 JODY DEMMA PARKER INC 45.00 427595 09/15/2022 MLB YOUTH FOUNDATION 500.00 427596 09/15/2022 KIANDRE'A POUND 150.00 427597 09/15/2022 UTIL REFUNDS 136.27 427598 09/15/2022 UTIL REFUNDS 71.66 427599 09/15/2022 UTIL REFUNDS 31.37 427600 09/15/2022 UTIL REFUNDS 48.66 17 TRANS NBR DATE VENDOR AMOUNT 427601 09/15/2022 UTIL REFUNDS 51.00 427602 09/15/2022 UTIL REFUNDS 734.96 427603 09/15/2022 UTIL REFUNDS 5.96 427604 09/15/2022 UTIL REFUNDS 45.26 427605 09/15/2022 UTIL REFUNDS 170.31 427606 09/15/2022 UTIL REFUNDS 37.69 427607 09/15/2022 UTIL REFUNDS 76.06 427608 09/15/2022 UTIL REFUNDS 59.23 427609 09/15/2022 UTIL REFUNDS 33.07 427610 09/15/2022 UTIL REFUNDS 39.73 427611 09/15/2022 UTIL REFUNDS 13.39 427612 09/15/2022 UTIL REFUNDS 37.82 427613 09/15/2022 UTIL REFUNDS 24.38 427614 09/15/2022 UTIL REFUNDS 14.91 427615 09/15/2022 UTIL REFUNDS 9.08 427616 09/15/2022 UTIL REFUNDS 81.82 427617 09/15/2022 UTIL REFUNDS 447.98 427618 09/15/2022 UTIL REFUNDS 57.84 427619 09/15/2022 UTIL REFUNDS 43.85 427620 09/15/2022 UTIL REFUNDS 13.42 427621 09/15/2022 UTIL REFUNDS 37.57 427622 09/15/2022 UTIL REFUNDS 16.43 427623 09/15/2022 UTIL REFUNDS 971.36 427624 09/15/2022 UTIL REFUNDS 108.11 427625 09/15/2022 UTIL REFUNDS 43.57 427626 09/15/2022 UTIL REFUNDS 35.85 427627 09/15/2022 UTIL REFUNDS 115.69 427628 09/15/2022 UTIL REFUNDS 94.90 427629 09/15/2022 UTIL REFUNDS 44.25 427630 09/15/2022 UTIL REFUNDS 26.45 427631 09/15/2022 UTIL REFUNDS 43.64 427632 09/15/2022 UTIL REFUNDS 9.85 427633 09/15/2022 UTIL REFUNDS 206.77 427634 09/15/2022 UTIL REFUNDS 91.89 427635 09/15/2022 UTIL REFUNDS 333.38 427636 09/15/2022 UTIL REFUNDS 49.66 427637 09/15/2022 PORT CONSOLIDATED INC 4,696.77 427638 09/15/2022 SSES INC 3,351.13 427639 09/15/2022 RANGER CONSTRUCTION IND INC 3,224.99 427640 09/15/2022 VERO CHEMICAL DISTRIBUTORS INC 3,205.20 427641 09/15/2022 HENRY SCHEIN INC 1,129.70 427642 09/15/2022 INDIAN RIVER BATTERY 1,360.85 427643 09/15/2022 GRAINGER 453.58 427644 09/15/2022 KELLY TRACTOR CO 207.67 427645 09/15/2022 GRAYBAR ELECTRIC CO INC 2,674.87 427646 09/15/2022 REPUBLIC SERVICES INC 20,549.17 427647 09/15/2022 HACH CO 925.32 427648 09/15/2022 LFI FORT PIERCE INC 2,524.89 427649 09/15/2022 CLIFF BERRY INC 371.70 427650 09/15/2022 SWE INC 1,250.00 427651 09/15/2022 MARINE RESCUE PRODUCTS INC 1,475.80 427652 09/15/2022 BOUND TREE MEDICAL LLC 3,781.55 427653 09/15/2022 TIRESOLES OF BROWARD INC 678.00 427654 09/15/2022 EDLUND DRITENBAS BINKLEY ARCHITECTS 7,962.13 427655 09/15/2022 ABCO GARAGE DOOR CO INC 602.50 427656 09/15/2022 DELL MARKETING LP 2,715.00 427657 09/15/2022 BARNEYS PUMP INC 2,000.00 427658 09/15/2022 MIDWEST TAPE LLC 4,648.78 427659 09/15/2022 ODYSSEY MANUFACTURING CO 7,500.74 427660 09/15/2022 BAKER DISTRIBUTING CO LLC 452.50 TRANS NBR DATE VENDOR AMOUNT 427661 09/15/2022 ATKINS NORTH AMERICA INC 1,960.00 427662 09/15/2022 CENGAGE LEARNING INC 108.71 427663 09/15/2022 CLERK OF CIRCUIT COURT 359.00 427664 09/15/2022 CITY OF VERO BEACH 823.88 427665 09/15/2022 CITY OF VERO BEACH 2,500.00 427666 09/15/2022 HOME DEPOT USA INC 50.97 427667 09/15/2022 JANITORIAL DEPOT OF AMERICA INC 297.97 427668 09/15/2022 ROGER CLEVELAND GOLF INC 195.92 427669 09/15/2022 ACUSHNET COMPANY 668.66 427670 09/15/2022 WEST PUBLISHING CORPORATION 196.43 427671 09/15/2022 FEDERAL EXPRESS CORP 10.20 427672 09/15/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 28.56 427673 09/15/2022 FAMOSO INC 1,593.79 427674 09/15/2022 SIEMENS INDUSTRY INC 1,080.00 427675 09/15/2022 CALLAWAY GOLF SALES COMPANY 491.95 427676 09/15/2022 FLORIDA POWER AND LIGHT 25,894.19 427677 09/15/2022 FLORIDA POWER AND LIGHT 9,705.67 427678 09/15/2022 PEACE RIVER ELECTRIC COOP INC 238.54 427679 09/15/2022 NEW HORIZONS OF THE TREASURE COAST 27,457.50 427680 09/15/2022 LANGUAGE LINE SERVICES INC 178.40 427681 09/15/2022 STRUNK FUNERAL HOMES & CREMATORY 425.00 427682 09/15/2022 STRUNK FUNERAL HOMES & CREMATORY 425.00 427683 09/15/2022 COMPLETE ELECTRIC INC 22,418.98 427684 09/15/2022 TREASURE COAST SPORTS COMMISSION INC 5,906.30 427685 09/15/2022 INDIAN RIVER FARMS WATER CNTRL DIST 300.00 427686 09/15/2022 INDIAN RIVER FARMS WATER CNTRL DIST 1,500.00 427687 09/15/2022 INDIAN RIVER FARMS WATER CNTRL DIST 100.00 427688 09/15/2022 INDIAN RIVER FARMS WATER CNTRL DIST 200.00 427689 09/15/2022 NEXTRAN CORPORATION 1,100.42 427690 09/15/2022 INDIAN RIVER COUNTY HISTORICAL 2,100.00 427691 09/15/2022 3 BALL ENTERPRISES LLC 1,457.77 427692 09/15/2022 JOHN BROWN & SONS INC 29,400.00 427693 09/15/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 195.92 427694 09/15/2022 MGP 395.00 427695 09/15/2022 FORESTRY SUPPLIERS INC 222.09 427696 09/15/2022 IRONSIDE PRESS LLC 45.44 427697 09/15/2022 ELXSI INC 612.29 427698 09/15/2022 BRIDGESTONE AMERICAS INC 594.15 427699 09/15/2022 THE PALMS AT VERO BEACH 1,000.00 427700 09/15/2022 HULETT ENVIRONMENTAL SERVICES 38.50 427701 09/15/2022 CINTAS CORPORATION NO 2 46.85 427702 09/15/2022 FLORIDA DEPT OF JUVENILE JUSTICE 45,718.00 427703 09/15/2022 CONTROL SYSTEMS DESIGN INC 3,915.00 427704 09/15/2022 POLYDYNE INC 2,944.00 427705 09/15/2022 THE SHERWIN WILLIAMS CO 411.08 427706 09/15/2022 OCLC ONLINE COMPUTER LIBRARY CENTER 500.20 427707 09/15/2022 GLOVER OIL COMPANY INC 113,170.22 427708 09/15/2022 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 7,977.64 427709 09/15/2022 RF CONCRETE CONSTRUCTION INC 19,520.00 427710 09/15/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 5,730.67 427711 09/15/2022 PETER J CASSARA 4,100.00 427712 09/15/2022 AFFORDABLE WATER & COFFEE SVC 30.00 427713 09/15/2022 TRADEWINDS POWER CORP 3,072.36 427714 09/15/2022 DANA SAFETY SUPPLY INC 445.38 427715 09/15/2022 KWACKS INC 1,378.00 427716 09/15/2022 NICOLACE MARKETING INC 6,740.92 427717 09/15/2022 RANGE SERVANT AMERICA INC 56.28 427718 09/15/2022 HELPING ANIMALS LIVE -OVERCOME 42.00 427719 09/15/2022 BRENNTAG MID -SOUTH INC 13,198.43 427720 09/15/2022 STAT MEDICAL DISPOSAL INC 450.00 19 4 TRANS NBR DATE VENDOR AMOUNT 427721 09/15/2022 TORRES ELECTRICAL SUPPLY COMPANY INC 2,125.00 427722 09/15/2022 OVERDRIVE INC 2,211.98 427723 09/15/2022 VERO BEACH INVESTMENTS LLC 800.00 427724 09/15/2022 XYLEM WATER SOLUTION USA INC 76,963.30 427725 09/15/2022 MOORE MOTORS INC 306.50 427726 09/15/2022 WILD TURKEY ESTATES OF VERO LLC 5,511.96 427727 09/15/2022 HONEYWELL ANALYTICS 950.00 427728 09/15/2022 ALADTEC INC 4,780.88 427729 09/15/2022 GAUDET ASSOCIATES INC 8,676.35 427730 09/15/2022 TOMCO2 EQUIPMENT COMPANY 5,940.00 427731 09/15/2022 BURNETT LIME CO INC 9,999.54 427732 09/15/2022 PENGUIN RANDOM HOUSE LLC 120.00 427733 09/15/2022 CALDWELL PACETTI EDWARDS 1,560.00 427734 09/15/2022 FLORIDA DESIGN DRILLING CORP 9,425.00 427735 09/15/2022 KESSLER CONSULTING INC 10,255.00 427736 09/15/2022 MARKETING SPECIALTIES OF GEORGIA LLC 3,717.51 427737 09/15/2022 SYLIVIA MILLER 297.00 427738 09/15/2022 HAWKINS INC 2,695.00 427739 09/15/2022 UNIFIRST CORPORATION 1,820.51 427740 09/15/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 77.40 427741 09/15/2022 CROSSOVER MISSION INC 7,083.00 427742 09/15/2022 ICON SUPPLY INC 13,927.97 427743 09/15/2022 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 18,376.75 427744 09/15/2022 MATHESON TRI-GAS INC 3,952.00 427745 09/15/2022 COLE AUTO SUPPLY INC 2,862.22 427746 09/15/2022 KONICA MINOLTA BUSINESS SOLUTIONS 169.39 427747 09/15/2022 M N WORLDWIDE INC 190.00 427748 09/15/2022 NESTLE WATERS NORTH AMERICA 236.86 427749 09/15/2022 CORE & MAIN LP 70,379.37 427750 09/15/2022 ABLE GUTTER SERVICES NORTH LLC 2,750.00 427751 09/15/2022 ABISCOM INC 395.77 427752 09/15/2022 GYRO-TRAC CORPORATION 2,332.67 427753 09/15/2022 ENGINEERED SERVICES INC 325.35 427754 09/15/2022 EMPIRE PIPE ORLANDO LLC 101,629.18 427755 09/15/2022 HINTERLAND GROUP INC 37,932.25 427756 09/15/2022 AMAZON CAPITAL SERVICES INC 3,181.97 427757 09/15/2022 TREASURE COAST PLUMBING LLC 411.00 427758 09/15/2022 CALITEN LLC 44.30 427759 09/15/2022 AMERIGAS PROPANE LP 2,676.98 427760 09/15/2022 THE HOPE FOR FAMILIES CENTER INC 447.79 427761 09/15/2022 MISS B'S LEARNING BEES 5,024.56 427762 09/15/2022 JORDAN POWER EQUIPMENT CORP 419.84 427763 09/15/2022 JORDAN POWER EQUIPMENT CORP 998.28 427764 09/15/2022 DERECK R PRINCE 105.00 427765 09/15/2022 MULLINAX FORD OF VERO BEACH 532.08 427766 09/15/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 511.07 427767 09/15/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 527.89 427768 09/15/2022 DESK SPINCO INC 564.30 427769 09/15/2022 EFLASH NEWSLETTERS LLC 125.00 427770 09/15/2022 SUNBELT HYDRAULIC & EQUIPMENT INC 718.73 427771 09/15/2022 FERGUSON US HOLDINGS INC 1,561.60 427772 09/15/2022 BLUE GOOSE CONSTRUCTION LLC 22,692.30 427773 09/15/2022 STAPLES INC 1,479.40 427774 09/15/2022 LOWES COMPANIES INC 1,258.24 427775 09/15/2022 SMI TRADING LLC 135.10 427776 09/15/2022 STREAM RECYCLING SOLUTIONS LLC 222.55 427777 09/15/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 700.00 427778 09/15/2022 BRI TTON INDUSTRIES INC 357.78 427779 09/15/2022 KMG FENCE LLC 46,449.97 427780 09/15/2022 FUN EXPRESS LLC 58.90 20 TRANS NBR DATE VENDOR AMOUNT 427781 09/15/2022 HIREQUEST LLC 6,196.66 427782 09/15/2022 A TEAM OF THE TREASURE COAST INC 860.00 427783 09/15/2022 CER SIGNATURE CLEANING LLC 975.00 427784 09/15/2022 ENVIRONMENTAL EQUIPMENT SERVICES LLC 104,715.00 427785 09/15/2022 DOBBS EQUIPMENT LLC 1,647.40 427786 09/15/2022 TROPIC OIL COMPANY LLC 602.70 427787 09/15/2022 WESTERN OILFIELDS SUPPLY COMPANY 5,665.23 427788 09/15/2022 BTAC HOLDING CORP 1,997.69 427789 09/15/2022 CONSOLIDATED WATER GROUP LLC 107.30 427790 09/15/2022 FS.COM INC 1,134.10 427791 09/15/2022 TPH HOLDINGS LLC 1,017.35 427792 09/15/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 953.00 427793 09/15/2022 SEVEN ISLES CAPITAL 278.00 427794 09/15/2022 THERMO FISHER SCIENTIFIC (ASHEVILLE) LLC 806.00 427795 09/15/2022 SYDNEY RIGAUD 40.00 427796 09/15/2022 NICHOLAS SIMPSON 1,000.00 427797 09/15/2022 AIRVAC INC 880.14 427798 09/15/2022 TRULY NOLEN OF AMERICA INC 1,500.00 427799 09/15/2022 DAVID FIXSEN 500.00 Grand Total: 2,037,478.68 21 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 902174 09/15/2022 902175 09/15/2022 Grand Total: VENDOR NAN MCKAY AND ASSOCIATES INC MCLAUGHLIN PROPERTIES LLC AMOUNT 239.00 366.00 605.00 �" ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019932 09/09/2022 AT&T CORP 6.35 1019933 09/09/2022 AT&T CORP 6.35 1019934 09/09/2022 AT&T CORP 6.35 1019935 09/09/2022 AT&T CORP 971.00 1019936 09/09/2022 AT&T CORP 5.29 1019937 09/09/2022 OFFICE DEPOT INC 2,167.21 1019938 09/09/2022 WASTE MANAGEMENT INC OF FLORIDA 4,508.29 1019939 09/13/2022 AT&T CORP 0.04 1019940 09/15/2022 NORTH SOUTH SUPPLY INC 16.73 1019941 09/15/2022 INDIAN RIVER OXYGEN INC 789.70 1019942 09/15/2022 RING POWER CORPORATION 377.16 1019943 09/15/2022 MIKES GARAGE & WRECKER SERVICE INC 485.00 1019944 09/15/2022 DAVES SPORTING GOODS & TROPHIES 1,683.50 1019945 09/15/2022 IRRIGATION CONSULTANTS UNLIMITED INC 376.19 1019946 09/15/2022 GROVE WELDERS INC 479.78 1019947 09/15/2022 SOUTHERN COMPUTER WAREHOUSE INC 146.62 1019948 09/15/2022 COMMERCIAL ENERGY SPECIALISTS 1,774.56 1019949 09/15/2022 TOTAL TRUCK PARTS INC 497.59 1019950 09/15/2022 AUTO PARTNERS LLC 11,965.15 1019951 09/15/2022 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 1019952 09/15/2022 GUARDIAN ALARM OF FLORIDA LLC 1,115.55 1019953 09/15/2022 NEXAIR LLC 54.79 1019954 09/15/2022 EFE INC 650.91 1019955 09/15/2022 EFE INC 4,097.23 1019956 09/15/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 65.50 1019957 09/15/2022 CARLON INC 160.00 Grand Total: 32,506.84 23 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9872 09/09/2022 HEALTH ADVOCATE SOLUTIONS INC 2,077.50 9873 09/09/2022 VETERANS COUNCIL OF I R C 6,550.51 9874 09/12/2022 IRS -PAYROLL TAXES 15,676.99 9875 09/15/2022 WRIGHT EXPRESS FSC 42,837.98 9876 09/15/2022 SCHOOL DISTRICT OF I R COUNTY 129,480.00 9877 09/15/2022 RX BENEFITS INC 272,613.48 9878 09/15/2022 KIMLEY HORN & ASSOC INC 40,266.68 9879 09/15/2022 IRC CHAMBER OF COMMERCE 76,912.46 9880 09/15/2022 IRC CHAMBER OF COMMERCE 31,174.41 Grand Total: 617,590.01 24 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 27, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Professional Surveying and Mapping Services Agreements (RFQ 2022064) BACKGROUND: On September 13, 2022, the Board approved the final ranking of surveying firms and authorized negotiations with the top eight ranked firms. The proposed sample agreement and the proposed rate schedules are now ready for the Board's approval. ANALYSIS: County staff has negotiated standard fee schedules with each individual firm. The fee schedules reflect fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual projects and work orders. The selected firms below have submitted fee schedules that have been accepted by reviewing staff: Responding Firm Location 1. Bowman Consulting Group, LTD Stuart 2. CivilSury Design Group, Inc. Vero Beach 3. Carter Associates, Inc Vero Beach 4. Southeastern Surveying & Mapping Corporation Orlando 5. Masteller, Moler & Taylor, Inc. Vero Beach 6. GCY, Inc. Palm City 7. Morgan & Eklund Vero Beach 8. Johnson, Mirmiran & Thompson, Inc. Fort Pierce 25 CONSENT FUNDING: Funding will come from Secondary Roads — Annual Survey Services Account, and various Other Professional Services accounts. The budget for Annual Survey Services/Account Number 10921441-033490-05007 for fiscal year 2022/2023 is $100,000. Funding for other professional services accounts is included within the relevant capital project budgets. Description Account Number Available Secondary Roads/Other Contractual 10921441-033490-05007 $100,000 Services/Annual Survey Services RECOMMENDATION: Staff recommends the Board approve the sample agreement and rate schedules, and authorize the Chairman to execute the agreement after review and approval by the County Attorney as to form and legal sufficiency. Attachments: Sample Agreement Bowman Consulting Group, LTD Rates Carter Associates, Inc. Rates CivilSury Design Group, Inc. Rates GCY, Inc. Rates Johnson, Mirmiran & Thompson, Inc. Rates Masteller, Moler & Taylor, Inc. Rates Morgan & Eklund Rates Southeastern Surveying & Mapping Corporation Rates 26 RFQ 2022064 MASTER AGREEMENT FOR PROFESSIONAL SURVEYING & MAPPING SERVICES THIS AGREEMENT, entered into this 20th day of September, 2022, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and , hereinafter referred to as the "SURVEYOR BACKGROUND RECITALS In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY selected SURVEYOR to provide professional surveying and mapping services, based on statement of qualifications received in response to Request for Qualifications 2022064. That the COUNTY and the SURVEYOR, in consideration of their mutual covenants, herein agree with respect to the performance of professional surveying and mapping services by the SURVEYOR, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The SURVEYOR shall provide the COUNTY with professional surveying and mapping services and such other related services as defined in specific Work Orders, in all phases of each project. The SURVEYOR shall serve as the COUNTY's professional representative for the project as set forth in each Work Order, and shall give surveying and mapping services advice to the COUNTY during the performance of the services to be rendered. SECTION I — PROJECT LIMITS Project limits shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice -to -Proceed being issued. Purchase Orders, or Work Orders executed by the County Administrator, may be issued by the COUNTY for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Basic services required of the SURVEYOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders. SECTION II — COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the SURVEYOR with a copy of any pertinent preliminary data or reports available to the COUNTY. B. Provide the SURVEYOR with all reasonably available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY that are pertinent to the project. C. The COUNTY shall be responsible for obtaining only those permits required to perform the work to complete the project, if such permit 27 Page 1 of 14 RFQ 2022064 requirements are made into law and established by regulatory agencies after the effective date of the Work Order. D. The COUNTY shall make all provisions for the SURVEYOR to enter upon public or private property subsequent to initial provisions performed by the SURVEYOR and as reasonably required for the SURVEYOR to perform his services. E. The COUNTY shall provide all title information and title opinion relating to land acquisition, as applicable. F. The COUNTY shall provide property appraisal information for areas of potential acquisition as applicable. G. The COUNTY shall supply the SURVEYOR with copies of all applicable local codes and regulations. SECTION III — SURVEYOR OBLIGATIONS The SURVEYOR agrees to perform all necessary professional surveying and mapping services and other pertinent services in connection with the assigned project as required and as set forth in the following: A. The SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed, the SURVEYOR shall consult with the COUNTY to clarify and define the COUNTY's requirements for the project and review all available data. B. The SURVEYOR shall attend conferences with the COUNTY and its representatives, upon request. C. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the SURVEYOR shall comply with the Standards of Practice, as defined in Chapter 5J-17, Florida Administrative Code, to: i. Complete work on the project within the time allowed by maintaining an adequate staff of registered Surveyors and Mappers, GIS Professionals, Cadd operators, Survey Technicians and other employees on the work at all times. ii. Comply with all federal, state, and local laws applicable to this project(s). The SURVEYOR'S work product shall conform with all applicable federal, state and local laws applicable to this project(s). iii. The SURVEYOR shall cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. iv. The SURVEYOR shall contact the Sunshine State One Call of Florida ("SSOCOF") to locate the utilities, and SURVEYOR shall be entitled to rely on information provided by SSOCOF. SURVEYOR shall survey all above -ground structures, and utilities on the final plans. v. The SURVEYOR understands that certain County AutoCAD (Drawing) standards are being adopted; said standards shall be defined in individual work orders. vi. The SURVEYOR shall report the status of the project to the County's Project Manager upon request and hold all drawings, 28 Page 2 of 14 RFQ 2022064 electronic files, calculations, and related work open to the inspection of the COUNTY at any time, upon reasonable request. D. Subject to the terms of Section IX herein, all documents items furnished to the SURVEYOR by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. E. All items prepared by the SURVEYOR shall be created, maintained, and provided in the format as specified by the COUNTY in each individual Work Order. F. Compensation to the SURVEYOR for basic services shall be in accordance with each Work Order, as mutually agreed upon by the SURVEYOR and the COUNTY. Current fee schedule is included in "Exhibit A" attached, and will be included as part of each Work Order when approved. G. SURVEYOR is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. SURVEYOR is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. SECTION IV — TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION V — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: A. Professional Services Fee - The basic compensation shall be mutually agreed upon by the SURVEYOR and the COUNTY prior to issuance of each Work Order, and the amount shall be included in the Work Order to be formally approved by the Board of County Commissioners. B. Direct Payment for Certain Services - The COUNTY will not pay for services or goods provided by others working in conjunction with the SURVEYOR, as follows: 1. Printing and Reproduction: The COUNTY shall make direct payment to the SURVEYOR for the cost of additional blueprints. The maximum cost allowed per blueprint, utilized shall be set forth in the Work Order. 2. Concrete Monuments 3. Others — as defined in individual Work Orders. SECTION VI — ADDITIONAL SERVICE WORK If services in addition to the Services provided in a Work Order hereunder are required or desired by the COUNTY, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the SURVEYOR to provide, either directly by the SURVEYOR or by a sub -consultant, such additional services by a written amendment to the Work Order. 29 Page 3 of 14 RFQ 2022064 SECTION VII — PAYMENTS The COUNTY shall make monthly payments Pursuant to Florida Prompt Payment Act (F.S. 218.70) to the SURVEYOR as provided by in the Work Order. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified invoices no more than once monthly to the County's Project Manager. The Invoices shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, drawings, recommendations, and drafts, that must be received and accepted in writing by the County's Project Manager, prior to payment. SECTION VIII — RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Project Manager who shall decide all questions, difficulties, and disputes of whatever nature that may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY's decision upon all claims, questions, and disputes shall be final, conclusive, and binding upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the County Project Manager. SECTION IX — OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete, all of the above materials shall be delivered to the County Project Manager. B. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the SURVEYOR pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR liable for any misuse by others. SECTION X — NOTICES Any notices, reports or other written communications from the SURVEYOR to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County's Project Manager. Any notices, reports or other communications from the COUNTY to the SURVEYOR, shall be considered delivered when posted by certified mail to the SURVEYOR at the last address left on file with the COUNTY or delivered in-person to said SURVEYOR or its authorized representative. 30 Page 4 of 14 RFQ 2022064 SECTION XI — TERMINATION Either party may terminate this Agreement upon seven (7) days written notice to the other party, except if the SURVEYOR terminates this Agreement, such termination shall not be effective, absent the COUNTY's consent, until the SURVEYOR'S completion to the COUNTY's satisfaction, of any pending Work Order. SURVEYOR certifies that it and those related entities of SURVEYOR 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. OWNER may terminate this Contract if SURVEYOR, 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. SECTION XII — SURVEYOR'S PERSONNEL ASSIGNED TO THE PROJECT The COUNTY shall have the right of approval of all SURVEYOR's personnel assigned to any COUNTY project. Therefore, any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval. Failure to adhere to this policy shall be considered a cause for contract termination. SECTION XIII — AUDIT RIGHTS The COUNTY reserves the right to audit the project records of the SURVEYOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. SECTION XIV — SUBLETTING The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the SURVEYOR shall cause the names of the Professional Surveying and Mapping firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XV — WARRANTY The SURVEYOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this Agreement, and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the SURVEYOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the SURVEYOR'S breach of violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability. SECTION XVI — DURATION OF AGREEMENT This Agreement shall be effective on October 4, 2022, and shall remain in full force and effect for a period of two years, unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XI — "Termination." This Agreement may be extended for two additional two year increments at the discretion of the COUNTY. 31 Page 5 of 14 RFQ 2022064 SECTION XVII — INSURANCE During the performance of the work covered by this Agreement, the SURVEYOR shall provide the COUNTY with evidence that the SURVEYOR has obtained and maintains the insurance listed in the Agreement. 1. SURVEYOR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SURVEYOR, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the SURVEYOR's fees. 2. Minimum Scope of Insurance (for fees less than $500,000): A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by SURVEYOR with a $500,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 3. SURVEYOR's insurance coverage shall be primary. 4. 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. 5. The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims -made basis. 6. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 7. Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department, of cancellation and/or nonrenewal. 8. The SURVEYOR shall ensure all subcontractors hold the insurance as detailed herein. 32 Page 6 of 14 RFQ 2022064 9. Any deductibles or self-insured retentions greater than $100,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR. SECTION XVIII - INDEMNIFICATION SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and the COUNTY's officers, employees and agents, from and against any and all claims from liabilities, damages, losses, costs, third party claims, judgments, and expense to persons or property, including reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SURVEYOR, or of SURVEYOR's officers, employees, or agents, and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including reasonable attorneys' fees. SECTION XIX — SAFETY SURVEYOR is solely responsible for the safety of its employees and others arising from SURVEYOR's operations. All projects shall follow proper safety procedures referencing the Florida Department of Transportation Safety Standards for Surveyors and as any job site safety. However, in accordance with generally accepted practices, the SURVEYOR may report any observed job site safety violations by others to the COUNTY. SECTION XX — CHOICE OF LAW AND VENUE 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 Contract 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. SECTION XXI — ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXII - SEVERABILITY If any provision, section, or paragraph of this agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. SECTION XXIII — PUBLIC RECORDS COMPLIANCE Indian River County is a public agency subject to Chapter 119, Florida Statutes. The SURVEYOR shall comply with Florida's Public Records Law. Specifically, the SURVEYOR 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 33 Page 7 of 14 RFQ 2022064 copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the SURVEYOR 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 SURVEYOR or keep and maintain public records required by the County to perform the service. If the SURVEYOR transfers all public records to the County upon completion of the contract, the SURVEYOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SURVEYOR keeps and maintains public records upon completion of the contract, the SURVEYOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. IF THE SURVEYOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SURVEYOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 Failure of the SURVEYOR to comply with these requirements shall be a material breach of this Agreement. SECTION XXIV - PROHIBITION AGAINST CONTINGENT FEES The registered surveyor and mapper warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the registered surveyor and mapper to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the registered surveyor and mapper any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement." For the breach or violation of this provision, the agency shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. SECTION XXV — FEDERAL TERMS For any work requested that will be paid for in part or whole by federal funds, the following terms will apply: 34 Page 8 of 14 RFQ 2022064 A. Contract Work Hours and Safety Standards: (1) The SURVEYOR or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the SURVEYOR or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the SURVEYOR or subcontractor will permit such representatives to interview employees during working hours on the job. B. Suspension and Debarment: (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 SURVEYOR is required to verify that none of the SURVEYOR, 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 SURVEYOR 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 SURVEYOR 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. C. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors and Firms 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. D. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the SURVEYOR 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. 35 Page 9 of 14 RFQ 2022064 (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 SURVEYOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. E. 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 SURVEYOR 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 SURVEYORs from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.(2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the SURVEYOR 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 SURVEYOR shall report the information in 36 Page 10 of 14 RFQ 2022064 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 SURVEYOR 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 SURVEYOR 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 SURVEYOR shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. F. Domestic Preference for Procurements: As appropriate, and to the extent consistent with law, the SURVEYOR 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. G. Access to Records: The following access to records requirements apply to this contract: (1) The SURVEYOR 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 SURVEYOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The SURVEYOR 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 SURVEYOR 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 section 1225 of the Disaster Recovery Act of 2018, the OWNER and the SURVEYOR 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 SURVEYOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The SURVEYOR shall include this provision in any subcontracts. 37 Page 11 of 14 RFQ 2022064 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 SURVEYOR 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, SURVEYOR, or any other party pertaining to any matter resulting from the contract. K. Program Fraud and False or Fraudulent Statements or Related Acts: The SURVEYOR 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: If subcontracts are to be let, the prime SURVEYOR is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. M. License and Delivery of Works Subject to Copyright and Data Rights: The SURVEYOR grants to the Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the SURVEYOR will identify such data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the SURVEYOR will deliver to the Owner data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Owner. SECTION XXVI — FLORIDA STATUTE 558 PURSUANT TO FLORIDA STATUTE § 558.035, AN INDIVIDUAL EMPLOYEE OR AGENT OF SURVEYOR MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. 38 Page 12 of 14 RFQ 2022064 IN WITNESS WHEREOF the parties hereto have executed these presents this 20th day of September, 2022. SURVEYOR Title: WITNESS: NAME: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Board of County Commissioners Approved by the BCC: ATTEST: Jeffrey R. Smith Clerk of Court & Comptroller DEPUTY CLERK OF COURT Jason E. Brown COUNTY ADMINISTRATOR Dylan Reingold COUNTY ATTORNEY 39 Page 13 of 14 RFQ 2022064 EXHIBIT A- FEE SCHEDULE 40 Page 14 of 14 ! • TIT111MIC BOWMAN CONSULTING GROUP LTD. SCHEDULE A - FEES FOR REPROGRAPHIC, DELIVERY, TRAVEL AND OTHER SERVICES January 2022 Reprographic Services B&W Photo Copies $0.35/sf, or $0.23 for 8-1/2" x11" sheet Color Photo Copies $0.50/sf, or $0.32 for 8-1/2" x11" sheet Printing (bond) $0.35/sf, or $2.10 for 24" x 36" sheet Printing (mylar) $3.00/sf, or $18.00 for 24" x 36" sheet Binding, Mounting and Folding of plan sets, reports, or drawings will be invoiced at our standard hourly rates. Copying of Plans that have been archived in storage is subject to a minimum archive retrieval fee of $50 plus applicable reprographic fees above. Delivery Services In-house delivery services are invoiced at $2.00 per mile (one way) and subject to a minimum $20.00 charge for standard delivery during normal business hours. Rush services and times outside normal business hours are subject to a minimum $20.00 surcharge. Outsourced courier services (i.e. Federal Express, DHL, etc.) are invoiced at cost plus 15%. Travel Mileage for employee travel by car to facilitate the project, including travel to the project site and for meetings with the client, project team, contractors, or governmental agencies, will be invoiced at the current IRS standard mileage rate. Airfare and/or lodging to facilitate the project will be coordinated with the client in advance and will be invoiced at cost plus 15%. Miscellaneous Other costs associated with sub -consultants, specialty equipment, laboratory testing, field testing, tolls, parking or other miscellaneous items will be invoiced at cost plus 15%. Initials: Bowman / Client 41 BOWMAN CONSULTING GROUP LTD. SCHEDULE B - HOURLY RATE January 2022 CLASSIFICATION HOURLY RATES Principal Department Executive Senior Project Manager Project Manager Project Coordinator Senior Surveyor Engineer I III I III Planner I 111 1111 Designer I 1 II 1 III CADD Drafter I 1 II 1 III Construction Inspector Landscape Architect I 111 III GIS Developer I 1 II 1 IIII Right of Way Specialist I 1 II 1 III Survey Technician I 1 II 1 III Project Surveyor Survey Field Crew - 1 Man Survey Field Crew - 2 Man Survey Field Crew - 3 Man 3D Scanning Crew Survey Field Technician 3D/UAV Modeling Technician UAV Operation SUE Field Crew - 1 Man SUE Field Crew - 2 Man SUE Field Crew - 3 Man SUE Field Crew - 4 Man SUE Utility Coordinator SUE Technician I 1 II 1 III Machine Control Technician Administrative Professional Table 1812018 - DEFAULT 2022 Florida/Georgia $290.00/HR $230.00/HR $215.00/HR $180.00/HR $105.00/H R $195,00/HR $115.00/HR I $125.00/HR I $155.00/HR $125.00/HR $145.00/HR I $165.00/HR $115.00/HR $125.00/HR I $130.00/HR $ 80.00/HR $105.00/HR I $115.00/HR $165.00/HR $115.00/HR $130.00/HR I $155.00/HR $125.00/HR I $165,00/HR 1 $195.00/HR $110,00/HR $125.00/HR I $140.00/HR $ 85.00/HR $110,00/HR I $135.00/HR $165.00/H R $145.00/H R $180.00/H R $220.00/H R $250.00/H R $ 75.00/HR $155.00/HR $280.00/HR $140.00/H R $165.00/HR $210.00/HR $265.00/H R $160.00/H R $ 85.00/H R $110.00/H R I $135.00/H R $145.00/H R $ 90.00/HR Initials: Bowman / Client 42 CARTER ASSOCIATES INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET • VERO BEACH, FLORIDA 32960-3172.772-562-4191 • 772-562-7180 (PAX) JOHN H. BLUM, P.E., PRINCIPAL DAVID E. LUETHIE, P.S.M., PRINCIPAL GEORGE A. SIMONS, P.E., PRINCIPAL PATRICK 5 WALTHER, P.E., PRINCIPAL MARVIN E. CARTER, P.S.N., Retired, Consultant to the Firm DEAN F. LUETHJE, P.E. (n.k K,Consullant to the Firm ROBERT N. JOHNSON, P.S.M. CLINTON J. RAHJES, P.E. TYLER N. SPENCER, P.E. INDIAN RIVER COUNTY $2.00/Each PROFESSIONAL SURVEYING AND MAPPING $5.00/Each OCTOBER 4, 2022 — OCTOBER 3, 2024 IRS Standard Rate FEE SCHEDULE $7.00/Each OFFICE: Surveyor (Principal) $185.00 Surveyor 1 $160.00 Surveyor II $140.00 Surveyor III (SIT) $125.00 CAD/GIS Tech 1 $125.00 CAD/GIS Tech II $120.00 CAD/GIS Tech III $115.00 CAD/GIS Tech IV $ 110.00 Administrative Staff $ 75.00 FIELD: Date 4 Man Survey Crew $200.00 3 -Man Survey Crew $175.00 2 -Man Survey Crew $150.00 1 -Man Survey Crew $120.00 SPECIALIZED EQUIPMENT: Leica HD P40 Scanner $250.00/Hour DJI Phantom 4 Pro Serial Drones "UAV" $600.00/Day Deep Trekker DTG2 Robotic Submarine $800.00/Day Aluminum Boat $500.00/Day All -Terrain Vehicle (ATV)/Trailer $250.00/Day ANTICIPATED REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Cost Blueprints/Blackline (24" x 36") $2.00/Each Color Prints (24"x36) $5.00/Each Mileage IRS Standard Rate Mylar $7.00/Each Photocopies: 8.5" x 11" 15¢/Each 8.5" x 14" 25¢/Each 11 rr x 17" 35¢/Each Concrete Monuments $20.00/Each Rebar $ 2.50/Each Laths $ 0.75/Each Hubs $ 1.00/Each Sub -Consultant Qq:LE) Cost + 10% 9�ts�Z�z David E. Luethje, Vice President Date 4 7 Serving Florid"�V —N+1).L JUL Since 1911 Am CIVILSU Vr A Tradition of Innovative Engineering EXHIBIT A FEE SCHEDULE Job Classification Hourly Rate Administrative Assistant $80.00 Associate 1 $85.00 Associate 2 $100.00 Associate 3 $120.00 Sr. Associate $135.00 Project Manager $160.00 Sr. Project Manager $190.00 Director $225.00 Principal $240.00 Expert Witness $300.00 Survey Crew $175.00 Survey Crew with MOT $220.00 SUE Designating Crew $200.00 SUE Locations/GPR Crew $285.00 Effective June 1, 2022 NFwxv.CivilSurv.com Small Business Enterprise 444 4" Lame SW ' Vero Beach, Florida 32962 p. 772-323.2244: f. 772-323-2245 1 toll free $66-397-4771 1" CIVILSUV A Tradition of Innovative Engineering Direct Expenses Cost per Unit Photographic Copies Color Copies a) 8.5" x 11" $ 1.00 b) 8.5" x 14" or 11 "x 17" $ 2.00 c) 24"x 36" $20.00 Black & White Copies a) Any Size up to 11 "x17" $ 0.25 b) 24"x 36" Blackline $ 3.00 c) 30" x 42" Blackline $ 3.00 d) 24" x 36" Sepia $10.00 e) 24"x 36" Mylar $15.00 Laminating/Transparency Film Covers $ 3.00 Display Boards Mounted (Foam) 30"x 40" $45.00 Mounted (Foam) 40"x 60" and larger $75.00 3 Ring Binders 1" $ 2.50 Dividers (Tabs) Set of 10 $ 1.00 Acco/GBC Binding $ 3.00 Facsimiles $ 2.50 Overnight Packages/Courier & Delivery Services $25.00 Postage: 1s' Class Current US Postal rate Mileage: $ 0.625 / mile — Current IRS Rate "NOTE: Typical other reimbursable expenses include travel, lodging, and meals when traveling on CLIENT'S behalf, identifiable communication expenses, all reproduction costs, and special accounting expenses not applicable to general overhead. Nt`WA1k•.CiVilSun .com Small Business Enterprise 444 4' Lane SW Vero Beach, Florida 32962 p. 772-323-2244: f. 772-323-2245 1 toll free 366-397-4771 45 Post Office Box 1469 1 Palm City, FL 34991 Telephone: 772-286-8083 ♦ 800-386-1066 www.gcyinc.com PROPLSS[ONAL SURVEYORS & MAPPERS I N C O R P O R A T E D GCY, Inc. UNIT RATE SCHEDULE June 2022 EMPLOYEE CLASSIFICATION CURRENT HOURLY RATE Senior Principal Surveyor ................. Principal / Professional Surveyor/ Project Manager Senior Principal Expert Witness Testimony ........ Professional Surveyor Expert Witness Testimony Senior CAD Technician ....................... CAD Technician .............................. 3 Man Crew w/ GPS .......................... 2 Man Crew w/ GPS ......................... 2 Man Crew w/ GPS & Robotic ................. SupportStaff ............................... Reimbursable Expenses: Blueprinting (Per Sheet) ....................... $195.00 $175.00 $380.00 $350.00 $100.00 $ 90.00 $195.00 $175.00 $200.00 $ 60.00 $ 2.25 Other Direct Costs (outside services, special equipment, etc.) will be invoiced on the basis of actual cost times a multiplier of 1.15. Special Equipment: (Per Unit, Per Day) Woods Buggy $ 435.00 Airboat..................................... $ 875.00 Survey Boat ................................. $ 325.00 Hydrographic Boat w/Equipment ................ $ 875.00 Marsh Master (amphibious track machine)......... $ 875.00 ATV (each) .................................. $ 220.00 W. F ,\�It\ I. September 19, 2022 Jennifer Hyde, NIGP-CPP, CPPO Purchasing Manager Indian River County 1800 27111 Street Vero Beach, Florida 32960 RE: RFQ No. 2022064 Professional Surveying and Mapping Services JMT Job No. 21-04354 Client Ref No. RFQ No. 2022064 Dear Ms. Hyde: Please see the Fee Schedule for Johnson, Mirmiran & Thompson (JMT) for RFQ No. 2022064 Professional Surveying and Mapping Services. Johnson, Mirmiran & Thompson, Inc. - RFQ No. 2022064 Staff Title Hourly Rate Survey/SUE Party Chief $90.00 Survey Chief Surveyor $175.00 Survey Principal Surveyor $210.00 Survey/SUE Instrument Person $75.00 Survey/SUE Chain and Rod Person $60.00 Survey/SUE Office Technician $110.00 Survey/SUE 2 Person Crew- Hour $165.00/ Hour Survey/SUE 2 Person Crew -Day $1,320.00/ Day Survey/SUE 3 Person Crew- Hour $225.00/ Hour Survey/SUE 3 Person Crew - Day $1,800.00/ Day Vacuum Excavation Truck $2,400.00/Day Hydrographic Vessel $4,500.00/Day Mobile Scanning Unit $4,500.00/Day If you have any questions or need further information, please do not hesitate to contact me at 954-233-6563 0r DStickles(abjmt. com. Very truly yours, JOHNSON, MIRMIRAN & THOMPSON, INC. David Stickles, PSM Vice President 9 3731 Oleander Avenue, Suite 108 Fort Pierce, FL 34982 % (772)-448-4459 C> 'NNWjmt.com 47 RFQ 2022064 EXHIBIT A — FEE SCHEDULE OFFICE: Professional Surveyor/PSM: Project Manager: Survey Technician (CAD/Processing): Administrative Assistant (Research - Clerical): FIELD: Field Supervisor: 1 -man survey crew: 2 -man survey crew: 3 -man survey crew: SPECIALIZED EQUIPMENT: Dual Frequency Echosounder (w/hydrone or boat): Additional GPS Unit: POTENTIAL REIMBURSABLE EXPENSES: Printing Reproduction: Concrete Monuments Page 14 of 14 Masteller, Moler & Taylor, Inc. Rates $135.00 $115.00 $100.00 $ 60.00 $115.00 $110.00 $125.00 $145.00 $400.00/day $ 15.00/hr. $0.30/sq. ft. $25.00/per e. M&E Morgan & Eklund, Inc. 4909 US Highway 1 Phone: 772-3BB-5364 Vero Beach, Florida 32967 Fax: 772-3BB-31 65 Exhibit "A" Fee Schedule October 4, 2022 to October 3, 2024 Rates for Indian River County Office Personnel: Chief Surveyor, PSM CHS $171/hr. Senior Project Surveyor/Manager SP $132/hr. Project Surveyor/Manager PM $108/hr. Assistant Project Manager (APM) $85/hr. Senior Computer Technician -CAD/Processing SCT $103/hr. Computer Technician-CAD/Processing CT $97/hr. Administrative Assistant/Clerical CLR $57/hr. Field Personnel: Hydrographic Surve Lead HSL $107/hr. Party Chief PCF $95/hr. Instrument Person INM $82/hr. Rod Person (RDM) $70/hr. Specialized Survey Equipment: 26' Parker Survey Boat $600/da Trimble MPS500 Inert System $500/da 16' Survey Boat $275/da Multibeam System $750/da Single Beam Digital Fathometer $100/da Motion Compensator $150/da Hypack Navigation Software & Computer $120/da Trimble RTK/GPS $450/da Beach Utility Vehicle $100/da 49 TM S S hV4 C A' t� SUE i SURVEY + GIS Surveying and Mapping Services Personnel Classification Professional Surveyor & Mapper/PSM Expert Witness Senior Technician CAD Technician One Person Field Crew Two Person Field Crew Three Person Field Crew Four Person Field Crew Sketch of Descriptions (per SD) Elevation Certificates Residential Elevation Certificate Commercial Elevation Certificate (per building) Mortgage Survey Quoted on a task -by -task basis per requirements Plat Review Services (If required) Initial and Second Plat Review (up to two sheets) Initial and Second Plat Review (over two sheets) Plat (Third or Additional reviews of same plat) GIS Mapping Services Personnel Classification Professional Engineer GIS Analyst GIS Technician One Person GPS Crew Two Person GPS Crew Day Rate $177.00 / per hour $360.00 / per hour $133.00 / per hour $118.00 / per hour $133.00 / per hour $177.00 / per hour $233.00 / per hour $289.00 / per hour $677.00 / per hour $926.00 $1,308.00 $1053.00 / per plat $179.00/ per sheet $409.00 Day Rate $212.00 / per hour $119.00 / per hour $78.00 / per hour $133.00 / per hour $178.00 / per hour Night Rate $266.50 / per hour $350.00 / per hour $433.00 / per hour Night Rate 100 % Employee -Owned I www.southeasternsurveying.com Orlando, Florida I Jacksonville, Florida I Chipley, Florida 50 Tampa, Florida I Kissimmee, Florida I Marianna, Florida I Tavares, Florida I Dothan, Alabama Subsurface Utility Engineering Services Personnel Classification Project Manager Senior Technician Two Person SUE Crew Three Person SUE Crew Administrative Assistant/ Clerical Vacuum Excavation (Test Hole/ VVH) 1 Test Hole/Dirt 1 Test Hole/Asphalt/Concrete 2 - 19 Test Hole/Dirt 2 - 19 Test Hole/Asphalt/Concrete 20 - 49 Test Hole/Dirt 20-49 Test Hole/Asphalt/Concrete Day Rate $177.00 / per hour $133.00 / per hour $216.00 / per hour $301.00 / per hour $78.00 / per hour $617.00 $766.00 $528.00 / each $602.00 / each $472.00 / each $543.00 / each Concrete Radar Mapping/Imaging (Concrete assessment/inspection, grid scans & debris assessment) One Person Crew $236.00 / per hour A' sshvdc- SUE • SURVEY + GIS Night Rate $265.00 / per hour $199.00 / per hour $324.00/ per hour $451.00/ per hour $118.00 / per hour $925.00 $1,149.00 $793.00 / each $902.00 / each $707.00 / each $814.00 / each $366.00 / per hour Maintenance of Traffic (MOT/TTC) If required, MOT specialist will be contracted, and the cost will be passed on with a 10% mark-up for coordination. Off Duty Officer(s) (if required per permitting) billing will be a pass-through cost and are not included in the per lane closure Lane Closure $1015.00 / per closure $1,233.00 / per closure Sidewalk Closure $327.00 / per closure $436.00 / per closure Surveying Services for Utility Projects Project Manager/ Professional Surveyor & Mapper $177.00 / per hour $265.00 / per hour Administrative Assistant/ Clerical $78.00 / per hour $118.00 / per hour Two Person Survey Field Crew $178.00 / per hour $266.00 / per hour Three Person Survey Field Crew $233.00 / per hour $350.00 / per hour Mast Arms Subsurface Utility Locating Service $1,559.00 / per pole Concrete/Asphalt Removal & Repair $436.00 / per pole Survey Staking of Pole Locations $432.00 / per pole Flagman Control, Per Pole Location $191.00 / per pole Mobilization Per Project in excess of 50 Miles from Home Office $1,128.00 $1,673.00 Per Diem/Lodging Expenses Per Day, Two Person Crew $396.00 Per Day, Three Person Crew $540.00 If HAZWOPER CERTIFIED personnel are required there will be a 20% increase in the Hourly Rate. Overtime rates will be charged for jobs requiring night work or Emergency/On-Call Services 51 Construction Rates Personnel Classification Day Rate Construction Professional Surveyor & Mapper/PSM $203.00 / per hour Construction Senior Technician $153.00 / per hour Construction CAD Technician $135.00 / per hour Construction One Person Field Crew $153.00 / per hour Construction Two Person Field Crew $204.00 / per hour Construction Three Person Field Crew $268.00 / per hour Construction Four Person Field Crew $332.00 / per hour LiDAR UAS/UAV Services LiDAR Project Manager $176.00 / per hour LiDAR Technician $133.00 / per hour sshvic SUE • SURVEY • GIS Night Rate $306.00 / per hour $402.00 / per hour $498.00 / per hour 52 ffil CONSENT AGENDA Indian River County Interoffice Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: September 22, 2022 From: Cynthia Stanton Risk Manager, Office of Management & Budget Subject: Third Party Claims Administration Agreement with Johns Eastern Co. Funding Allocation for Fiscal Year 2022/23 Description and Conditions The County's self-insurance program relies upon the services of a third -party claims administrator to analyze and process workers' compensation and third -party liability claims made against the County in accordance with State and Federal guidelines. Since February 2005 Johns Eastern Company, Inc. (JEC), a leading firm in their industry, has consistently provided outstanding services and their longevity with the County brings both stability and historic knowledge to the County's self-insurance programa The current agreement began on October 1, 2019 and expired on October 1, 2022. Beginning October 1, 2022, the agreement can be extended for two (2) additional single year terms. The proposed extension agreement continues with prior terms and conditions and includes a three (3) percent cost increase of $6,956 for a total annual cost of $238,811 for FY23. This annual increase is consistent with earlier agreements and provides a detailed scope of services and performance standards. Funding Funding for claims administration services is provided by the Self Insurance Fund, Other Professional Services account (account number 50224613-033190). The Self Insurance Fund is an internal service fund that allocates charges to the County's user funds. Recommendation Staff recommends the Board authorize the Chair to execute the review and approval by the County Attorney's Office with an annual and a three (3) percent annual increase for the following fiscal year Attachment JEC Extension Agreement extension agreement after renewal cost of $238,811, 53 FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR THIRD PARTY ADMINISTRATION SERIVCES FOR THE SELF FUNDED WORKERS' COMPENSATION AND LIABILITY PROGRAM This First Extension and Amendment to that certain Agreement to provide third party administration services for the self-funded workers' compensation and liability program is entered into effective as of October 1, 2022 by and between Indian River County, a political subdivision of the State of Florida ("County") and Johns Eastern Company, Inc. ("Administrator"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for third party administration services for the self-funded workers' compensation and liability program effective October 1, 2019; and WHEREAS, Article 2 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of October 1, 2019 and will end on October 1, 2022; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one-year period with an annual fee of $238,811; and WHEREAS, Article 4 of the Agreement provides General Conditions; and WHEREAS, the parties desire to add E -Verify requirements to Article 4; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension and Amendment. 2. The First renewal term shall commence effective October 1, 2022 and shall end on October 1, 2023. There is a single one-year renewal available on the contract. 3. Paragraph 4.2.4 is added as follows: Consultant is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. y"� I IN WITNESS WHEREOF, the parties have caused this First Extension and Amendment to be executed effective the day and year first set forth above. Johns Eastern Company, Inc. By: By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 55 109 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Karen Rackard, 911 Mapping Technician Department of Emergency Services DATE: September 12, 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 2020/2021, approved by the Board on January 5, 2021 (Contract Number CI -110-950) 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. The proposed FY 2022/2023 contract renewal represents the third extension. The terms and conditions of the proposed contract will remain the same with increases/decreases in annual maintenance costs due to removal of old equipment for the P25 Project, all of Fire Station 2's equipment coming out of the reduced cost warranty period, and the South Urban Consumer Price Index (CPI) adjustment. The CPI adjustment alone is 8.4%. 56 FUNDING: The annual maintenance contract in FY 2021/2022 cost $25,843.46 monthly, or $310,121.52 annually. The proposed FY 2022/2023 maintenance contract for the communication system backbone infrastructure maintenance totals $359,545.32, or $29,962.11 monthly. This is an overall increase of $49,423.80 or 15.9% annually ($4,118.65 per month). Funds are budgeted and available for FY 2022/2023 in the General Fund/Communications/Emergency Services/Maintenance-Other Equipment account, number 00110719-034690, in the amount of $359,545.32. Account Name Account Number Amount General Fund/Communications/ Emergency Services / Maintenance -Other Equipment 00110719-034690 $359,545.32 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 -110-950) 2. Third Renewal of Master Service Agreement 3. Backbone FY 2022/2023 Maintenance Cost Summary 4. CPI Calculation Letter 5. Instructions for the Consumer Price Index, Southern Urban 57 0 COMMUNICATIONS INTERNATIONAL An Employee owned Company ORIGINAL 4450 US I • Vero Beach. Florida 32967 . Telephone: (772) 569-5355 • Fax: (772) 567-2292 MASTER SERVICE AGREEMENT Contract Number CIA 10-950 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 27, Street (the "Customer' ), on the Ist day of October 2020. (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 hcrc in: 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 th is 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 theCustomer. 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 Semices - shall mean service that is requested which is not included in the fixed fee arrangement in this Contract. Ff. 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. I. Emergency Services - shall mean services that are available by Ci twenty-four (24) hours per day. seven days per week. including Fcderal and State Holidays. Page I of 12 58 ORIGINAL 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 serviecs dcscribcd 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 CONTR•aCT A. The term of this Contract shall be for a period of one (1) year(s) (the "Tenn") 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 (II) 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 thiscontract. 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, bls.gov<`cpilhome.htd): I. Select the " South Urban region of the U.S. Map. 2_ Select the "More Formatting Options" L Select the " 12 months PercentChange 4. Select "Retrieve Data" 5. Scroll down to the current year and select the "Feb" number b. 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. PRICFS NO TFRMS OF PAYMENT A. The prices to be charged for the regular routine maintenance Services are as set forth in Exhibit B. B. The prices to be charged for the Demand Services and Professional Services are as set forth in ExhibitC. C. All pricing discounts on both hardware and software, including all vendorequipment offered by Ci are set forth in ExhibitD. D_ Payment for Sen ices 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. 5. SERVICES A. Installation. removal or reinstallation of equipment. shall be performed by Ci, following reasonable n o tice to the Customer at the rates listed in Exhibit C and at a time agreed to by both Parties. B. hems that are not covered under Serxices for maintenance in Exhibit R. 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 (I0) business days of receipt of a Special Requirements Order. Ci will furnish the Customer �N ith 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 (1114) Business Day after receipt. Page 2 of 12 12 59 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 ternis and conditions of this Contract shall take precedence over any accepted purchase order issued after the date of this Contract. in accordance with Section I6 of this Contract. F. All qualified Tenninal 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 beperformed 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_ Tenninal 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 thisContract. 7. PREY"EN'fi%*E: MAiNTENANCE Ci will annually perform verification on Terminal Equipment covered by this Contract to validate facto ryspecifications and correct any deficiencies found ("Preventative Maintenance"). Copies of service records will be available to the Customer upon request. 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. UDITIONS AND D .I.FTIOM A. The quantity of Tenninal Equipment units to be maintained and or serviced maybe added to, or removed from. this Contract while the Contract is in force. New Tenninal Equipment units purchased in any given budget year of the Customer may be added to the Contra t 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 Tenninal Equipment must be identified by individual LTD 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 yIAJEURE Ci will not be considered in default or liable for any delay or failure to perform its obligation s under this Conti -act 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 Conti -act 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 perfonnance. 12. LN- DEMI\ FiCATION 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 ofor resulting from the performance of its work under this Contract, where Page 3 of 12 12 60 ORIGINAL such claim, damage. los s. or expense is directly caused by the negligence or intentional wrongful act or omission of Ci. its agents, employee s. or any of its subcontractors, in connection with or pursuant to this Contract. 13. 1.1�11'I 1'1'1 )N O 1.1.11t1 .1'f1' 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, iNSURANCR 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;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 it.; failure to secure and maintain insurance as required by this Section. 15. C NCFI.I.ATIO N This Contract may be terminated by either patty, 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. 44KIlkals-W146mVIVIF0163 oil swu •. 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 C11-110-950 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: Name: 12 Title: V i 4 5e Y U'. C_Q INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 0 Name: Title: Pace 4 of 12 12 61 Contract Number CIA 10-950 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 firth 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 ofthe 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 Tenninal 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 12 62 • COMMUNICATIONS INTERNATIONAL An Employee Owned Company 4450 US Highway 1 Vero Beach. FL 32967 772-569-5355 Fax: 772-567-2292 ORIGINAL Exhibit B Contract # Ci -110-950 Covered Period: October i, 2020 - September 30, 2021 Customer Oetais Bill Indian River County Emergency Services To: Indian River County Emergency Services Radio Systems Manager Radio Systems Manager 1840 25th 1840 25th Street Street Vero Beach, FL 32960 Vero Beach. FL 32960 772-567-3160 Billing Details 63 South Urban South Tower Site 201912020 CPI 2020/2021 aty Unit Amount Unit Monthly 1.90% Amount Amount Channels Mastr III Stations 7 $131.72 2.50 $134.22 $939.54 Channel Site Pro's 7 $44.93 0.85 $45.78 $320.46 Master V Stations Under warranty/Accepted 11/112020 5 $31.88 $31-88 $159.40 Master V Stations 5 $127.50 2.42 $129.92 $649.60 Receiver Multi -coupler with Tower Top Amp 1 $145.01 2.76 $147.77 $147.77 Network Sentry Server 1 $321.30 6.10 $327.40 $327.40 Simulcast Common Transmit Equipment 1 $329.27 6.26 $335.53 $335.53 Mastr III Mutual Aid Charnels 6 $131.72 2.50 $134.22 $805.32 Intraplex Multiplexer 3 $30.95 0.59 $31.54 $94.62 Microwave Radios to IRCEM & VBPD 4 $128.92 2.45 $131.37 $525.48 Microwave Radio to Egrets Marsh 2 $128,92 2.45 $131.37 $262'74 Vida Udt Switch 1 $298.25 5.67 $303.92 $303.92 IP Network Equipment 2 $128.43 2.44 $130.87 $261.74 Total for South Site $5,133.52 Simulcast Control Point South Urban CPI 2020/2021 Qty Unit Amount Unit Monthly 1.90% Amount Amount Vertical Site Pros 7 $122.65 2.33 $124.98 $874.86 Intraplex Multiplexers 3 $30.95 $31.54 $94.62 Page 6 of 12 12 63 ORIGINAL 0.59 Egret Marsh Intraplex Multiplexer 1 $28.81 0.55 $29.36 $29.36 Network Sentry Server 1 $321.30 6.10 $327.40 $327.40 Control Point Common Equipment & Alignment Rack 1 $329.27 6.26 $335.53 $335.53 15 Analog & Digital Voters Egret Marsh 1 $134.77 2.56 $137.33 $137.33 Down Links 1 $30.91 0.59 $31.50 $31.50 SIM 1 $131.59 2.50 $134.09 $134.09 DC Power System pos 24 volt 1 $388.55 7.38 $395.93 $395.93 DC Power System neg 48 volt 1 $384.32 7.30 $391.62 $391.62 IP Network Equipment 1 $128.43 2.44 $130.87 _ $130.87 Total for Simulcast Control Point $2,883.11 North Tower Site South Urban CPI 2020/2021 Qty Unit Amounta Unit Monthly 1.90% Amount Amount Mastr 111 Stations 7 $131.72 2.50 $13422 5939.54 Channel Site Pro's 7 $44.93 0.85 $45.78 $320.46 Master V Stations Under warrantWAccepted 11/1/2020 5 $31.88 $$1,8$ $159.40 Master V Stations 5 $127.50 2.42 $129.92 $649.60 Receiver Multi -coupler with Tower Top Amp $144.89 2.75 $147.64 $147'64 Network Sentry 1 $321.30 6.10 $327.40 $327.40 Simulcast Common Transmit Equipment 1 $329.27 6.26 $335.53 $335.53 Mastr III Mutual Aid Channels 0 $0.00 $0.00 Intraplex Multiplexer 3 $30.95 0.59 $31.54 $94.62 DC Power Supply System pos 24 volt 1 $316.09 6.01 $322.10 $322'10 DC Power Supply System neg 48 volt 1 $312.65 5.94 $318.59 $318.59 Microwave Radio to Hobart 2 $131.63 2.50 $134.13 $268.26 Microwave Radios to Sebastian PD 2 $128.92 2.45 $131.37 $262.74 IP Network Equipment 1 $128.43 2.44 $130.87 $130.87 Total for North Site $4,276.75 Fellsmere Tower Site South Urban CPI 2020/2021 Qty Unit Amount Unit Monthly 1.90% Amount Amount Mastr III Stations 7 $131.72 2.50 $13422 $939.54 Channel Site Pro's 7 $44.93 0.85 $45.78 $320.46 Master V Stations Under warranty/Accepted 11/1/2020 5 $31.88 $31.88 $159.40 Master V Stations 5 $127.50 2.42 $129.92 5649.60 Mastr III Mutual Aids Channels p $0.00 $0.00 Downlinks 1 $30.91 $31.50 $31.50 Page 7 of 12 12 Dispatch Equipment Qty 0.59 CPI Sim 1 $269.53 5.12 $274.65 Network Sentry Server t $321.30 6.10 $327.40 Receiver Multi -coupler with Tower Top Amp t $144.89 2.75 $147.64 Intraplex Multiplexer 2 $30.95 0.59 $31.54 DC Power Supply System pos 24 volt 1 $316.09 6.01 $322.10 DC Power Supply System neg 48 volt 1 $312.65 5.94 $318.59 Microwave Radios to Hobart 2 $128.92 2.45 $131.37 IP Network Equipment 1 $128.43 2.44 $130.87 Total For Fellsmere Site $31.54 $105.36 Netclock -GPS Dispatch Equipment Hobart Tower Site Qty Unit Amount Nlastr III Back-up Stations 7 Master V Stations Under warranty/Accepted 11/1/2020 5 .Yater V Sti4rs 5 Receiver Multi -coupler with Tower Top Amp 1 Intraplex Multiplexer 1 Med 4 Station 0 ORIGINAL $274.65 $327.40 $147.64 $63.08 $322.10 $318.59 $262.74 $130.87 $3.947.57 South Urban Qty Unit Amount CPI 202012021 Symphony Consoles 10 $174.82 IMCICEC Switch 1 Amount .84 $176.66 $91954 'Microwave Alarm Pc 1 $30.91 'DVIU 1 $395.12 'MOM System 1 $402-63 '.25 $120.79 $118.54 'CSD 1 $369.09 ?.00 $107.36 $362.21 'CSD Client 1 $112.72 ).59 $31.54 $105.36 Netclock -GPS 2 $167.90 1.60 $32.19 $55.31 Intraplex Multiplexers- 11 $788.22 ..44 $130.87 $30.95 Zetron Model 25 Encoders 5 $49.20, $32.95 Orion Remote Back-up Radios 9 $31.59 Microwave Radios (1RCSO. VBPD, Seb PD dispatch) 6 $128.92 IP Networt( Equipment 1 $128.43 UPS battery backup (located at South site) 1 $48.28 Total for Dispatch Equipment Hobart Tower Site Qty Unit Amount Nlastr III Back-up Stations 7 Master V Stations Under warranty/Accepted 11/1/2020 5 .Yater V Sti4rs 5 Receiver Multi -coupler with Tower Top Amp 1 Intraplex Multiplexer 1 Med 4 Station 0 ORIGINAL $274.65 $327.40 $147.64 $63.08 $322.10 $318.59 $262.74 $130.87 $3.947.57 South Urban CPI 202012021 Unit Monthly 1.90% Amount Amount .84 $176.66 $1,766.60 1.86 $921.40 $921.40 ).59 $31.50 $31.50 7.51 $402.63 $402-63 '.25 $120.79 $120.79 i.88 $369.09 $369.09 ?.00 $107.36 $107.36 .05 $56.36 $112.72 ).59 $31.54 $346.94 1.63 $33.58 $167.90 1.60 $32.19 $289.71 ?.45 $131.37 $788.22 ..44 $130.87 $130.87 1.92 $49.20 $49.20, 60 $54.93 $52.69 1. $31.88 $127.50 2. $144.89 2. $30.95 0. South Urban CPI 2020/2021 Unit Monthly Amount Amount 00 $53.69 :375.83 $31.88 $159.40 42 $129.92 $649.60 75 $147.64 $147.64 59 $31.54 $31.54 $0.00 $0.00 Page 8 of 12 12 65 ORIGINAL Med 8 Station 1 $46 98 $46.10 0.88 $46.98 VHF EM/Fire Page Station 1 $138.30 2.63 $140.93 S140.93 DC Power System neg 48 volt 1 $312.65 5.94 $318.59 S318 59 Microwave Radios to North, West. IRCEM sites 6 $128.92 2.45 $131.37 $788.22 Total for Hobart Site $2,658.73 Egret Marsh Site South Urban CPI 2020/2021 Qty Unit Amount Unit Monthly 1.90% Amount Amount Mastr III Stations 7 1,214.08 $170.21 323 173.44 Master V Stations Under warrantylAccepted 11/1/2020 5 $31.88 31.88 159.40 Master V Stations 5 $127.50 2.42 129.92 649.60 Network Sentry 1 $321.30 6.10 327.40 327.40 Simulcast Common Transmit Equipment 1 319.09 $313.14 5.95 319.09 Intraplex Multiplexer 1 $29.44 0.56 30.00 30.00 DC Power Supply System pos 24 volt 1 305.42 $299.73 5.69 305.42 DC Power Supply System neg 48 volt 1 318.59 $312.65 5.94 318.59 Microwave Radios to South site 2 $128.92 2.45 131.37 262.74 Total for Egret Marsh 3.586.32 IRC EOC Site South Urban CPt 202012021 Qty Unit Amount Unit Monthly 1.90% Amount Amount Microwave Radios to IRCSO Dispatch, Hobart, South sites 6 $126,92 2.45 $131.37 $788.22 Vida Unit Switch i $303.92 $298.25 5.67 $303.92 Total for EOC site $1,092.14 Cost Summary for Oct 2019 -Sept 2020 12 months South Tower Site Simulcast Control Pant North Tower Site Fells mere Tower Site Dispatch Equipment Hobart Tower Site Egret Marsh Site IRC EOC Site Total Monthly Maintenance for Sites: Total Annual Oct -Sept Maintenance: Month{v Totals $5,133.52 $2,883.11 $4,276.75 $3,947.57 $5,604.93 $2,658.73 $3,586.32 $1.092.14 ,._ . o� „1 b33U'1`Jo.a4 Page 9 of 12 12 66 The Consumer Price Index Southeast Urban Region of 1.9 has been added to each equipment tine item that was on 2019-2020 agreement: Pa -0e 10 of 12 ORIGINAL 67 Contract Number CI -1 10-9-50 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 Page I 1 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 Contract No. Ci -110-950 EXHIBIT "D" Pricing Discounts ORIGINAL Pricing discounts for all UF[arris manufactured equipment will be at the current Public Safcty discount level of 28 % off list price published on the UHarris 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 69 19 THIRD RENEWAL OF THE MASTER SERVICE AGREEMENT WITH COMMUNICATIONS INTERNATIONAL, INC., FOR INFRASTRUCTURE MAINTENANCE OF THE 800 MHZ COMMUNICATIONS SYSTEM This Third Renewal of the Master Service Agreement for Infrastructure Maintenance of the 800 MHz Communications System (Contract) is entered into this day of October, 2022 by and between Indian River County, a political subdivision of the State of Florida (County) whose address is 180127 th Street, Vero Beach, FL 32960 and Communications International, Inc., a Florida corporation, (CII) whose address is 4450 US Highway 1, Vero Beach, FL 32967 and agree as follows: WHEREAS, Communications International Inc., has provided the daily maintenance for the Emergency Services radio system ince the completion of the 800 MHz radio system project in 1996; and WHEREAS, on March 1, 2011, the Board designated CII as the County's Sole Source Provider for the 800 MHz Communications System Service as they are the only regional vendor qualified to perform the maintenance and repairs on the system; and WHEREAS, on January 5, 2021, the Board approved a one (1) year Contract with CII, which provided for (4) four renewals of the Contract in one (1) year increments for a total of five (5) years upon mutual consent of the parties. WHEREAS, the terms and conditions of the Contract will remain the same except for an increase in annual maintenance costs due to additional equipment for the P25 Project, Station 2 equipment coming out of warranty and South Urban Consumer Price Index (CPI) adjustments. WHEREAS, the parties are mutually satisfied with the terms of the Contract. 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 above recitals are true and correct and are adopted by reference herein. 2. The Contract is hereby renewed and extended effective October 1, 2022 until September 30, 2023. 3. The South Urban Region CPI used to annually adjust the cost of the maintenance and service agreement for FY 2022/2023 is 8.4%. 71 4. The increase due to the CPI adjustment and the increase due to additional equipment and loss of warranty is $4,118.65 per month. 5. In consideration of the above increases, the FY 2022/2023 maintenance Contract for the communication system backbone infrastructure maintenance totals $359,545.32 and is to be paid through monthly invoices. 6. The remaining terms and conditions of the Contract shall remain unchanged. IN WITNESS WHEREOF, the parties have executed this Renewal of Contract as of the day and year first written above. ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller la Deputy Clerk Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney COMMUNICATIONS INTERNATIONAL, INC. By: Printed Name:. Title: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman BCC Approved: Approved: Jason E. Brown County Administrator Witness Witness 2 72 N t w C O E N T. - Cl) M N O N w Q d N N O N U 0 t. O E 7 U) N O U N R O ~ c0 V N O O 04 r- C) tp N N N to l0 toN V O ^Ci CO O N V to O V �L 6H V cel V Qq,to V N bl� N Eff fA N to N M N to O) N M 40% N O m U C C � d O d � c 0 0 o a� S. E iT)Cn N c 3 .a c > 3 o 0 0 r o w U F W 3 Cc .Z _ 0 U~ m U o L? E O LL70 N a N i0 0E=U U w in c5 Z ii O 2 w CQ—� H Q d N U 0 N N O N Ql O rn 0 M ti 01 UNICATIONS INTERNATIONAL, FiC. 4450 US Highway 1 a Vero Beach, Florida 32967 9 Telephone: (772) 569-5355 o Fax: (772) 567-2292 October 20, 2009 Jason E. Brown, Director Management and Budget 1801 2711' 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 determine 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 language is: The basis for this eidension 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 reneival. The adjusirreni factor used to create price adjustment up or down for each unit price proposed is as follows: Previous 12 month CPI -U South Urban = CPIA4ustment Currenr year CPI -U South Urban Proposed contract language: Use the Bureau of Labor Statistics webb site (hmoJr�vw�v �ls.�o.lcpi;I;on�e.htna) 1. Select the "South Urban" region of the U -S. map. 2. Select the "More Formatting Options" 3. Select the "12 months Percent Chango" 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 far 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 Febmary. Please call me to discuss this matter should you desire. If you are in agreement let rte know and we will issue an amendment to the referenced contract_ Sincerely, >� 1 Robert Wm Stork Owner/CEO 74 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.gov) You will see a list of CPI Databases example below: Consumer Price Index CPI Home CPI Publications CPI Data CPI Methods I Ato -t 7CP 1 BData > Databases Consumer Price Index (CPI) Databases Databases All Urban Consumers (Current Series) (Consumer Price Index - CPO XL moo Urban Wage Earners and Clerkal Workers (Current Series) (Consumer Price Index - CPQ LA (Chained CPI) A Urban Consumers Price Index - CPI;, LJ H rs '7— Avenge Price Data (Consumer Price Index - CPI) 61" Lj Choose "All Urban Consumers (Current Series) —Top Picks Click South Region, All Items, Then Retrieve Data 75 When the table appears below: click on More formatting Options Databases, Tables & Calculators by Subject Change output Options: From: � to� m 0 include graphs C2 include annual averages More Formatting Ontimtseo► Data extracted on: June 21,2121 (1105:22 AM) CPi for All Urban Consumers (CPI -U) series ld: CUUR0300SAO Not Seasonally Adjusted Series TIUe: All items in South urban, all urban consumers- not seasonally adjusted Area: South Mem: All items lase Period: 1982.84=100 i s 522 250- 230- 2 2011 2012 2013 2013 2015 2016 2017 2016 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 — Databases, Tables & Calculators by Subject -Select view of the dal select the time frame for your data able Format OAll years OR (*)Sp Ify earrange: .Column Format Fr 2018 v To: 2021 ' �lvlulti-series table �-D All Time Periods OR 'J select one time period: ©Original ()ata value nual Oa to OS -stanch Percent Change January 02 -Month Percent Change February 03 -Month Percent Change March 1D -Month Percent Change pril 012 -Month Percent Change Ma Output Type: {select onel 1!1HTSIL table OR Retrieve oats Graphs Annual Averages 0 include graphs (� include annual averages The following series )d(s) were generated from your query. To save these 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.) �CUUR0300SA0 76 Results of the selections on prior page. * U.S. BUREAU OF LABOR STATISTICS NOME v SUBJECTS PUBLICATIONS - ECONOMIC RELEASES `r CLASSROOM- BETA- Databases, ETA- Databases, Tables & Calculators by Subject Change Output Options: Prem; 2019 `% To: i 3021 IS C2 include graphs C2 include amual-ragas Moro FOrmnttinit Ontlons ey 0,0 ea[ratted en: Juno 21, 2021111:07:44 AM) Cri ter All Urban con.-- (CPI -U) Series Id:CUUROlooSA0 Not SealGnally Adjusted Sones Title: All items in South urban, all urban consumers• not seasonally adjusted Area: South Item: All items Base Perled: 1982-8.1=100 249. 2Y0 a 247 °� 24 249 c 244 243 2016 2019 2(120 Y.- 0. Ila[ Dewnlead: t27 :Yea Jan Feb Mar Apr Ma J n _ -- ._- ._ ... _.._ _- .. ..__Y....__ Jul _ Aua Sep : Oct Nov Dec Annual NALFL /1/1LF1 1038 � 23!.772 ' 241.123 , 211.595 212.184' 2a3.27'J "a3.7:0 ': 2aJ.i TG 313.405 : 2a3.bi0 2a4.1G3 , 213 181 � 212 1S0 , �42.73i 212.004 . 213.410 301! 2 i 54T .2•[3.854 246.535 i 24T2A 214.953 246.891 1247.423 247.3853247.289'246.-165 215.331 ; 2aJ.1'M 1010) 2-M0055'248.412 219-134 N4.2a4 245.6% 21 '--'_ _ .__.._ •' _ -1250a42 2A 55 250.493 248.G39 2.t7. -i 219.990 :]mt JR7 nGJ �. 75a aRf..7 .. ar9 it�in7�cn tai' 31.18419. 219.639 250.193 _ _.. 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: 1982-84=100 W c tv L V C d d d t C 4O T N Year Download: a7 :1st+ Year iJan IFeb Mar Apr I ayiJun,Jul I Jug OdiNov DeccAAnnuallMALF1(HALF2' 20181.8� 211 2.3 'i 2A: 2.7i 2.712.91 2.4j 171 211 1.9 1St 2.2 2:41 2.1` 20191 1.2. 11' 181 LAi 1.1! 1.41 1.4; 13;_131 1.6 2.11 1.5� 1.41 1.5 2020 1 2.3 1 1.9j 1.1 � -0.2 j -0.41 0.310.61 1.11 1.31 1.31 1.2 1.41 1.0; 0.8 1, 1.1 ' 20211 1.6 201 2.9; 44i 5.6; 77 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of Emergency Services DATE: September 26, 2022 SUBJECT: Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River County Department of Emergency Services 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: On September 22, 2020, the Indian River County Board of County Commissioners approved a renewal of the Class "A" Certificate of Public Convenience and Necessity for the Indian River County Department of Emergency Services to provide BLS/ALS Emergency Medical Services originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years and will expire October 15, 2022, and the renewal process should be accomplished prior to that date. The Indian River County Code provides for routine renewal ofthe Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class "A" certificate has been submitted by Indian River County Department of Emergency Services. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. W] RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "A" Certificate of Public Convenience and Necessity for the Indian River County Department of Emergency Services, to be effective for a period of two (2) years from October 15, 2022, to October 15, 2024. ATTACHMENTS: 1. Renewal Application from Indian River County Department of Emergency Services 79 PTMfiVr INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES i C�y StiP APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: Indian River County Department of Emergency Services DATE: 09/19/2022 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. A This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A 0 ❑BLS ❑✓ ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ® ❑BLS ❑ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ ❑BLS ❑ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ ❑BLS ❑ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E ❑ IIWheelchair J0 Wheelchair/Stretcher IIAmbulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class E1 El IIWheelchair II Wheelchair/Stretcher IIAmbulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. UABeth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 80 II. COMPANY DETAILS 1. NAME OF AGENCY: Indian River County Department of Emergency Services MAILING ADDRESS: 4225 43rd Ave CITYVero Beach COUNTY Indian River ZIP CODE: 32967 BUSINESS PHONE: (772) 226-3900 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): County Government 3. MANAGER'S NAME: David Johnson, Director of Emergency Services ADDRESS: 4225 43rd Ave. Vero Beach, FL 32967 PHONE #: (772) 226-3947 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION Peter D. O'Bryan 1801 27th St. Vero Beach, FL 32960 Chairman Joseph Earman 1801 27th St. Vero Beach, FL 32960 Vice Chairman Susan Adams 1801 27th St. Vero Beach, FL 32960 Commissioner 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # N/A N/A N/A U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 81, 6. FUNDING SOURCE. Tax Generated Revenue / User Fee 7� RATE SCHEDULE ATTACHED? YES O NO O N/AO 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: See Attached List Ill. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: Harris 700-800 MHz Trunk Radio System 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) Harris 700-800 MHz Trunk Radio System Rescue 1 thru Rescue 14 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION Central Dispatch Sebastian River Medical Center All Law Enforcement Cleveland Clinic Indian River Memorial Hospital Fire Apparatus Lawnwood Regional Medical Center Municipal, County and Constituency Agencies Vero ER UABeth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc _*h IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: RENEWAL APPLICANTS FOR CLASSES A -D NEED ONLY #'s 4 - 9 RENEWAL APPLICANTS FOR CLASSES E AND E-1 NEED ONLY #'s 6 — 9 ❑ 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. F12. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. F-13. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4-5 ❑✓ 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. Fv16. Copy of your insurance policy — must show coverage limits — ❑✓ 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) ❑✓ 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. ❑✓ 9. Fee Schedule Inc]: Service Type, Base Rate, Mileage, Waiting & Special Charges UABeth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 83 V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or E1 APPLICANTS I, , the representative of Applicant Name do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS I, David Johnson , the representative of Applicant Name Indian River County Fire Rescue , do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. 1 do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS 1 further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. APPLICANT SIGNATURE DATE Before me personally appeared the said who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this day of ,201_. My commission expires: NOTARY PUBLIC U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 84 Office Of Consent Agenda 10/04/2022 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Susan J. Prado, Assistant County Attorney DATE: September 27, 2022 SUBJECT: Release of Right of Entry and Reservation of Mineral Rights BACKGROUND: As part of the sale of a strip of land from the County to Range Line Groves, Inc. on December 5, 1989 the County pursuant to Florida Statute Section 270.11 retained the right, reservation, title or interest to any phosphate, metal, mineral, and petroleum interest on the property. This retention of rights is automatic upon the sale of the property. The current owner of the property OCEAN SPRAY CRANBERRIES, INC. has contacted the County and requested a release of the retained rights pursuant to Florida Statute Section 270.11. After inquiry with different departments, the County Attorney's Office has determined that there is no need to withhold the release of these rights on this strip of land. FUNDING: There is no cost associated with this item. RECOMMENDATION: The County Attorney's Office recommends that the Board approve the Release of Right of Entry and Reservation of Mineral Rights and authorize the Chair to execute the Release after final review and approval by the County Attorney. Attachments: Draft Release of Right of Entry and Reservation of Mineral Rights Original County Deed Conveyance PREPARED BY AND RETURN TO: Susan J. Prado, Esq. Indian River County Attorney's Office 1801 27`h Street, Building A Vero Beach, FL 32960-3365 INDIAN RIVER COUNTY, FLORIDA RELEASE OF RIGHT OF ENTRY AND RESERVATION OF MINERAL RIGHTS KNOW ALL MEN BY THESE PRESENTS: that INDIAN RIVER COUNTY, FLORIDA, a Florida political subdivision, does hereby release any right, reservation, title or interest it may have to any phosphate, metal, mineral, and petroleum interests pursuant to §270.11, Florida Statutes, insofar as said reservation affects the following described lands lying and being in Indian River County, Florida: SEE EXHIBIT "A" ATTACHED HERETO. Which Deed is recorded at O.R. Book 849, Page 2257 of the Public Records of Indian River County, Florida. below. IN WITNESS WHEREOF, the parties have executed this Release as of the date indicated INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ATTEST: Jeffrey R. Smith, Clerk of Courts By: And Comptroller U60 Deputy Clerk (SEAL) Approved as to form and legal sufficiency: Peter D. O'Bryan, Chairman Approved by BCC: Approved as to conforming to County Policy: Susan J. Prado, Assistant County Attorney Jason E. Brown, County Administrator EXHIBIT "A" The West 30 feet of the East 80 feet of Tracts 9 and 16, Section 36, Township 33 South, Range 38 East, according to the last general plat of land of INDIAN RIVER FARMS COMPANY, filed in the office, of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said lands now lying and being in Indian River County, Florida. 9127/22, 11:07 AM Landmark Web Official Records Search Transmission Line along 11/27/89(Deeds9)LEGAL(Vk)JD 74th Avenue (Ocean Spray) 625713 lO COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this 5th day of December 1989, by INDIAN RIVER COUNTY,–"FLORIDA, a poIITF—ca I subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960, party of the first part, and RANGE LINE GROVES, INC., a corporation existing under the laws of Florida, whose address is C/O B. T. Cooksey, 979 Beachland Blvd., Vero Beach, FL 32963, party of the second part, W I T N E S S E T H: That the said party of the first part, for and In consideration of the sum of ONE DOLLAR to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, her heirs and assigns forever, the following described land lying and being in Indian River County, Florida: The West 30 feet of the East 80 feet of Tracts 9 and 16, Section 36, Township 33 South, Range 38 East, according to the last general plat of land of INDIAN RIVER FARMS COMPANY, filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said lands now lying and being in Indian River County, Florida. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. (Seal) INDIAN RIVER COUNTY, FLORIDA By Its Board of County-._;, Commissioners_ Attest. By _� e e rt n Ga CY eF eler _ oLc STATE OF FLORIDA w COUNTY OF INDIAN RIVER U c � O � c 1 HEREBY CERTIFY that on this day, before me, an a ¢ officer duly authorized in the State and County aforesaid to N take acknowledgments, personally appeared GARY C. WHEELER C3 ¢ m c and JEFFREY K. BARTON, well known to me to be the Chairman oUj L 0 and Clerk to the Board of County Commissioners of Indian Cr _j River County, named as the grantor in the foregoing deed, CA -a Z and that they severally acknowledged executing the same 4¢ under the authority vested in them by said Board and that the seal affixed thereto is the true seal of said Board. NESS hand and official seal this _ day of 1989. _ --�y—PuubT i c G This document was prepared by and should be returned to: R. COUNTY ATTORNEY'S OFFICE SFIMMS 1840 25th Street YY� M i 1992 Vero Beach, FL 32960 0. R. 849 P6 2257 -- - -U0 https://ori.indian-dver.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 1/2 9/27/22,11:07 AM Landmark Web Official Records Search DOCUMENTARY STAMPS t• SS JEFFREY K. BARTON. CLERK INDIAN RIVER COUNTY cm ro Cit F+ W 0. Re 849 PG 2258- 89 https://ori.indian-river.orglsearchlindex?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection= # 2/2 I CONSENT: 10/4/2022 Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Susan J. Prado, County Attorney DATE: September 27, 2022 SUBJECT: Resolutions Cancelling Taxes ATTORNEY Resolutions have been prepared for the purpose of earmarking the public use of the following properties and cancelling any delinquent, omitted or current taxes which may exist on the properties obtained by Indian River County: Public Purpose: 8t' Street Right -of -Way for Hampton Park PD Location/Description: Northeast Corner of 8th Street and 58th Avenue Purchased from: Meritage Homes of Florida, Inc. Instrument: Warranty Deed, recorded in Book 3571, Page 341 of the public records of Indian River County Public Purpose: 47th Street Right -of -Way for Broward Vero Storage SP Location/Description: 4690 Old Dixie HWY and 2365 47th ST. Purchased from: VERO STORAGE, LLC Instrument: Warranty Deed, recorded in Book 3573 Page 916 of the public records of Indian River County FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolutions to cancel certain taxes upon the properties purchased by Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolutions to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. ATTACHMENTS: Resolutions �'Z11 Purchased from Vero Storage, LLC Public Purpose: 47th Street Right -of -Way for Broward/Vero Storage SP Tax Parcel Portion of Parcel Nos.: 32392300000500000021.0 (4690 Old Dixie HWY.); and 32392300000500000020.0 (2365 471h ST.) RESOLUTION NO. 2022- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 91 RESOLUTION NO. 2022 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from VERO STORAGE, LLC, a Georgia domestic limited liability company for 47th Street Broward/Vero Storage Site Plan Right -of -Way Improvements, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Special Warranty Deed describing lands, recorded in O.R. Book 3573, Page 916 of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Peter D. O'Bryan Commissioner Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 4th day of October, 2022. 2 92 RESOLUTION NO. 2022 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding _ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney 3 93 Purchased from Meritage Homes of Florida, Inc Public Purpose: 8th Street Right -of -Way for Hampton Park PD Tax Parcel Portion of Parcel Nos.: 33390900001014000001.0 33390900001013000002.0 33390900001013000001.0 RESOLUTION NO. 2022- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 94 RESOLUTION NO. 2022 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Meritage Homes of Florida, Inc. for 81" Street — Hampton Park PD Right -of - Way Improvements, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Special 'Warranty Deed describing lands, recorded in O.R. Book 3571, Page 341 of the Public Records of Indian River County, Florida. The resolution was oved for adoption by Commissioner , and the motion was seconded b Commissioner , and, upon being put to a vote, the vote was as fol Commissioner Deter D. O'Bryan Commissioner 4oseph H. Earman Commissioner Susan Adams Commissioner 4oseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 4t' day of October, 2022. 2 95 ATTEST: 0 RESOLUTION NO. 2022 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Jeffrey R. Smith, Jerk of Court and Comptroller Deputy Clerk Tax Certificates Outstandin Current Prorated Tax Recei and Deposited with Tax Col Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney Peter D. O'Bryan, Chairman —X Yes No 3 9.1 [Del PUBLIC NOTICE INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Brandon C. Creagan; LEED Green Associate; Senior Planner, Current Development DATE: September 13, 2022 SUBJECT: Notice of Scheduled Public Hearing for October 11, 2022: Glendale Baptist Church/School Modified Conceptual Site Plan and Special Exception Use It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 4, 2022. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: October 11, 2022: 1. Glendale Baptist Church, Inc.'s Request for Modified Conceptual Site Plan and Special Exception Use Approval for Glendale Baptist Church and School [SP -SE -21-08-19 / 2004040365-89958] RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 97 1 It A L County Administrator's Matters October 4, 2022 • �VER c 43� °oma Office of the INDIAN RIVER COUNTY r * ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: September 30, 2022 SUBJECT: Update Regarding Hurricane Ian 0 Staff would like to provide an update regarding Hurricane Ian. 0 Hurricane Ian September 26th to October 31 2022 Beach Observation Report Public Works Department Coastal Engineering Division 12/6/2022 ]/.-A. 9'7 A - � 1 ■ Y. rmxv,:rgp A", -r, AuY=14,`*- \c • Florida Department of Environmental Protection (FDEP) uses these conditions to explain the extent of beach and dune erosion. • Florida Department of Environmental : Protection (FDEP) uses these 1 conditions to explain the extent of beach and dune erosion. • Most of the County experienced Condition II with a few areas experiencing Condition III. 12/6/2022 12/6/2022 9EFORE-M6ndaySeptZ6th INTERMEDIATE-ThursdoySeptZ9th AFTER-MondayOct3rd Staff observed a 3ft lowering of the berm, and 1-2ft of dune damage, resulting in Condition II: Minor Dune and Beach Erosion. 8EFORE-MondaySept26th r INTI RMED/ATE- ThursdaySeptZ9th Staff observed a 3-4ft lowering of the berm, resulting in Condition I: Minor Beach Erosion. .AFTER- Monday Oct3rd OA -/ 3 BEFORE- MondaySept26th INTERMEDIATE- ThurscfaySept29th AFTER- MondayOct 3rd I Staff observed a 3-4ft lowering of the berm and 2-3ft damage to the dunes, resulting in Condition II: Minor Dune and Beach Erosion. ISP ORO, BEFORE- MondaySept26th INTERMEDIATE- ThursdaySept29th AFTER-MondayOct 3rd 12/6/2022 Staff observed a 4-5ft lowering of the berm, and l Oft in dune damage, resulting in Condition III: Moderate Dune and Beach Erosion. 1 AFTER- MondayOct 3rd I Staff observed a 3-4ft lowering of the berm and 2-3ft damage to the dunes, resulting in Condition II: Minor Dune and Beach Erosion. ISP ORO, BEFORE- MondaySept26th INTERMEDIATE- ThursdaySept29th AFTER-MondayOct 3rd 12/6/2022 Staff observed a 4-5ft lowering of the berm, and l Oft in dune damage, resulting in Condition III: Moderate Dune and Beach Erosion. 12/6/2022 BEFORE- MondaySept26th INTERMEDIATE- ThurSdaySeptZ9th f17- MonddyOct 3,-d z Staff observed a 3ft lowering of the berm, and 3-4ft of dune damage, resulting in Condition III: Moderate Dune and Beach Erosion. 12/6/2022 BEFORE-Mo17daySept26th INTERNED/ATE- ThursdaySept29th AFTER -Monday Oct3,-d Staff observed a 5ft lowering of the berm, and 5-6ft of dune damage, resulting in Condition III: Moderate Dune and Beach Erosion. BEFORE- MondaySept26th INTERNED/ATE- ThuisdaySept29th r AFTER- Monday 0,-t 3rd 0 Staff observed a 3-4ft lowering of the berm 1-2ft of dune damage, resulting in Condition II: Minor Dune and Beach Erosion. BEFORE- MondaySeptZ6th INTERMEDIATE- Thursd.3ySept29th 0344°N m ''* 27676944•,-80.362519° t13k 1� 12/6/2022 .9FTER- Monday Oct 31-d Staff observed a 3ft lowering of the berm, and 5-6ft of dune damage resulting in Condition III: Minor Dune and Beach Erosion. BEFORE-MondaySeptZ6th INTERNED/.9 TE- ThursdaySeptZ9th am --.,72'S(T) 276btt4T -80.357838° s13ft AFTER -Monday Oct 3rd 0177°S M s 27661165•.-80.357907°a13tt Staff observed a 1 -eft lowering of the berm and 2-3ft of dune damage, resulting in Condition II: Minor Dune and Beach Erosion. Other parts of the Jaycee Boardwalk the beach erosion was more significant resulting in Condition III: Moderate Dune erosion and Beach profile lowering. 874-0 7 BEFORE- MondaySeptZ6th FlNTERMED/ATE- ThursdaySept29th 0337'NW R7 4: 27.649451!-W364157*,* 1311 AFTER - Monday Oct3rd 0347 -NM 027..649447',-80.354153-,-13ft 12/6/2022 Staff observed a 2-3ft lowering of the berm and 2-3ft of dune damage resulting in Condition II: Minor Dune and Beach Erosion. BEFORE- MondaySept26th /NTERMED/ATE- ThursdaySeptZ9th 0: Staff observed a 2-4ft lowering of the berm, resulting in Condition I: Minor Beach Erosion. AFTER -Monday Oct 3rd 0 327°NW til * 27.600739•, -80.333033' 3131 BEFORE - Monday Sep t26th INTERMEDIATE- ThursdaySept29th AFTER-Mondayoct 3rd Staff observed a 2-3ft lowering of the berm, and minor dune damage resulting in Condition II: Minor Dune and Beach Profile Lowering. BEFORE -MOI -7 eptZ6th INTERMEDIATE- ThursdaySeptZ9th a 257-N (TI 12/6/2022 Staff observed a 1-2ft lowering of the berm, resulting in Condition I: Minor Beach Erosion. 12/6/2022 10 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, Assistant Public Works Director SUBJECT: FDOT Supplemental Agreement No. 3 to Agreement FM No. 431759-2-54-01 and Resolution Authorizing the Chairman's Signature for the Construction of Intersection Improvements at SR -60 and 43rd Avenue, IRC -0853 DATE: September 20, 2022 DESCRIPTION AND CONDITIONS On March 7, 2017, the Board of County Commissioners approved Resolution No. 2017-020 and County Incentive Grant Program (CIGP) Agreement FM No. 431759-2-54-01 with the Florida Department of Transportation (FDOT) for the construction and construction engineering inspection (CEI) Services for intersection improvements at SR -60 and 43rd Avenue. The FDOT CIGP grant amount approved was $7,291,146.00 to be shared equally by FDOT and Indian River County for a total of $3,645,573.00 each and was executed by the FDOT on March 20, 2017. On June 4, 2019, the Board approved Resolution No. 2019-038 and Amendment Number One to increase funding by $5,880,636.00 for a new total amount of $13,171,782.00 (with the FDOT and IRC sharing equally in the amount of $6,585,891 each). Amendment NumberTwo and Resolution 2020-067 were approved by the Board on September 15, 2020 to update deliverables and extend the completion date of the agreement until December 31, 2022. The FDOT has requested Indian River County execute and deliver Supplemental Agreement No. 3 to CIGP Agreement FM No. 431759-2-54-01 which increases funding by $403,538.00, updates deliverables and extends the contract time for unforeseen, pre-existing conditions that affected project construction. During construction, a drainage trunk line located under Eastbound SR60 was found to have leaks and Supplemental Agreement No. 3 is to provide compensation to the Contractor for the repair work. The new total amount will be $13,575,320.00. The FDOT is funding the $403,538 in full, making their total share of the grant $6,989,429.00 and the County's share $6,585,891.00. The term of the Agreement will be extended from December 31, 2022 to June 30, 2023. Because the original CIGP was signed in 2017, FDOT has added as Exhibit A an updated agreement with revised financial compliance and audit language. A Resolution authorizing the Board of County Commissioners to execute this Supplemental Agreement No. 3 to CIGP Agreement FM No. 431759-2-54-01 is also included. FUNDING The FDOT is funding $6,989,429.00 (which includes the full amount of Supplemental Agreement No. 3). Funding for the County's total grant cost share amount of $6,585,891.00 will be funded by Optional Sales Tax/43d Ave —18th St to 26th St/Account Number 31521441-066510-06041. Page Two BCC Agenda Item for October 4, 2022 FDOT Supplemental Agreement No. 3 RECOMMENDATION Staff recommends the Board of County Commissioners approve Supplemental Agreement No. 3 to the CIGP Agreement FM No. 431759-2-54-01 and Resolution and authorize the chairman to execute the same. ATTACHMENTS 1. Authorizing Resolution 2. Supplemental Agreement No. 3 to CIGP Agreement FM No. 431759-2-54-01 APPROVED AGENDA ITEM FOR OCTOBER 4, 2022 C:\Users\ufc-prod\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@4C 1 E7AFD\@BCL@4C 1 E7AFD.doc RESOLUTION NO. 2022 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 3 TO THE COUNTY INCENTIVE GRANT PROGRAM (CIGP) AGREEMENT FM NUMBER 431759-2-54-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION SERVICES FOR INTERSECTION IMPROVEMENTS AT STATE ROAD 60 AND 43RD AVENUE. WHEREAS, the intersection improvements at SR -60 and 43rd Avenue are an Indian River County priority project; and WHEREAS, on March 20, 2017, the Florida Department of Transportation (FDOT) and Indian River County entered into a County Incentive Grant Program (CIGP) Agreement FM 431759-2-54-01 wherein the FDOT is prepared to provide funds to share the cost for the construction and construction engineering inspection (CEI) services for the intersection improvements at SR -60 and 43rd Avenue and then entered into Amendment Number One on June 12, 2019 for an increase to CIGP funding by $5,880,636.00 and to increase time by one year and then entered into Amendment Number Two on October 21, 2020 to update deliverables and extend the agreement until December 31, 2022; and WHEREAS, the State of Florida, Department of Transportation has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, this Supplemental Agreement No. 3 to increase funding by $403,538, update deliverables and extend the length of the contract for unforeseen, pre-existing conditions on the project. It also updates the County Incentive Grant Program (CIGP) Agreement FM 431759-2-54-01 to reflect revised financial and audit compliance requirements; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, Supplemental Agreement No. 3 to CIGP Agreement FM No. 431759-2-54-01 for the aforementioned project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Supplemental Agreement No. 3 to CIGP Agreement FM 431759-2-54-01 for the project. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner vote, the vote was as follows: Chairman Peter D. O'Bryan Vice -Chairman Joe Earman Commissioner Susan Adams Commissioner Laura Moss Commissioner Joseph E. Flescher Page 1 of 2 C:\Users\ufc-prod\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@C806S022\@BCL@CS06SO22.doc who moved its and, upon being put to a 100 RESOLUTION NO. 2022 - The Chairman thereupon declared the resolution passed and adopted this day of , 2022. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA a Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney Page 2 of 2 C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@C8066022\@BCL@C8066022.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT SUPPLEMENTAL AGREEMENT SUPPLEMENTAL NO. 3 CONTRACT NO. G-0 K60 FPN 431759-2-54-01 Recipient: Indian River County This Supplemental Agreement ("Supplemental"), dated 525-010-50 PROGRAM MANAGEMENT 12/18 Page 1 of 3 arises from the desire to supplement the State -Funded Grant Agreement ("Agreement") entered into and executed on March 20, 2017 as identified above. All provisions in the Agreement and supplements, if any, remain in effect except as expressly modified by this Supplemental. The parties agree that the Agreement is to be amended and supplemented as follows: On March 20, 2017 the County Incentive Grant Program Agreement was executed. On June 12, 2019, the parties executed Amendment Number One, which increased funding of FIVE MILLION EIGHT HUNDRED EIGHTY THOUSAND SIX HUNDRED THIRTY SIX DOLLARS AND NO CENTS ($5,880,636.00) for the Project, as a result of an increased construction cost estimate; and extended the term of Agreement to December 30, 2020. On October 21, 2020, the parties executed Amendment Number Two, to extend the Agreement to December 31, 2022; and to revise Exhibits C and A, Project deliverables. The purpose of this Supplemental Agreement ("SA #3") is to make the Agreement compliant with applicable Florida Statutes; to increase the total funding needed for the Project's construction and CEI services; to update certain Project Exhibits; and to extend the term of the Agreement from December 31, 2022 to June 30, 2023. Financial Compliance Requirements The attached "Attachement "A" - State Funded Grant Agreement" replaces the language in the County Incentive Grant Program Agreement executed March 20,2017. The financial terms, requirements, and regulations stated in the Agreement are hereby updated for compliance with section 339.2817, Florida Statutes and all other state statutory provisions, as amended and applicable to the Agreement. Accordingly, paragraphs 4. "Compensation and Payment" and 7. "Audit", and all other references to such terms, are hereby deleted in the entirety and replaced with the corresponding terms and conditions in the attached State Funded Grant Agreement, which is hereto and incorporated into the Agreement as an amendment to the Agreement. In addition, all of the following Exhibits in the Agreement are hereby deleted in the entirety: Exhibit A Scope of Services, Exhibit B, Exhibit C Deliverables, and Exhibit D State Financial Assistance- Florida Single Audit Act. The following attachment and exhibit(s) are hereby added to the Agreement pursuant to this SA #3: Attachment "A" - State Funded Grant Agreement; Exhibit A- Project Description and Responsibilities and Deliverables, Exhibit B - Schedule of Financial Assistance, Exhibit C- Engineers Certification of Compliance, Exhibit D- Recipient Resolution, Exhibit F- Contract Payment Requirements, Exhibit J- State Financial Assistance (Florida Single Audit Act), and Exhibit O -Terms & Conditions of Construction in Department Right of Way. Project Funding Increase This SA #3 also increases the total funding needed for the construction and CEI Services for the Project by FOUR HUNDRED THREE THOUSAND FIVE HUNDRED THIRTY-EIGHT DOLLARS AND NO CENTS ($403,538.00). The maximum amount that the DEPARTMENT will contribute to the COUNTY for this Project shall not exceed SIX MILLION NINE HUNDRED EIGHTY NINE THOUSAND NINETY FOUR HUNDRED TWENTY NINE DOLLARS AND NO CENTS ($6,989,429.00), which is comprised of SIX MILLION FIVE HUNDRED EIGHTY FIVE THOUSAND EIGHT HUNDRED NINETY ONE DOLLARS AND NO CENTS ($6,585,891.00) of CIGP Funding; and an additional FOUR HUNDRED THREE THOUSAND FIVE HUNDRED THIRTY EIGHT DOLLARS AND NO CENTS ($403,538.00) of State Funding, Exhibit B- Schedule of Financial Assistance in this SA #3 reflects the revised State -Funded Grant. The deliverables stated in Exhibit A in Amendment 2 are hereby deleted and replaced with Exhibit A deliveraof this SA #3. ITW STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT PROGRAM MANAGEMENT 12/18 SUPPLEMENTAL AGREEMENT Page 2of3 Paragraph 3 -Term A is amended to read as follows: A. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to all parties until the Project is completed as evidenced by the written acceptance of the DEPARTMENT and the COUNTY or June 30, 2023, whichever comes first. Reason for this Supplemental and supporting engineering and/or cost analysis 1) The Exhibits in the Original Agreement and subsequent Amendments are updated/amended pursuant to this SA #3 to be in compliance with the most updated and current financial and audit terms and conditions. 2) The additional State compensation under this SA #3 is the result of unforeseen, pre-existing conditions that affects the Project construction. During construction of the 43,d Ave & SR60 Intersection Improvements a drainage trunk line located under eastbound SR60 was found to have leaks. The County's contractor will perform Polyurethane injection to fill the voids and stabilize the surrounding soils beneath the roadway surface. 3) The reason for the time extension is to provide sufficient time for the contractor to complete the work for the unforseen conditions; and to allow the contractor sufficient time to complete the Project before the State Funded Grant Agreement expires. THIS SPACE IS INTENTIONALLY LEFT BLANK. 103 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT SUPPLEMENTAL AGREEMENT 525-010.80 PROGRAM MANAGEMENT 12118 Page 3 of 3 IN WITNESS WHEREOF, this AMENDMENT is executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Amendment by Resolution No. , hereto attached. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY (Name of RECIPIENT) mm TITLE: CHAIRMAN Print Name: PETER D. O'BRYAN Date: ATTEST: Jeffrey R. Smith, Clerk of Court & Comptroller , Deputy Clerk APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION I It" TITLE: DIRECTOR OF TRANSP. DEVELOPMENT Print Name: OFFICE OF THE GENERAL COUNSEL LEGAL REVIEW: W "Attachment A" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 05; 21 FPN: 431759-2-54-01 Fund: CIGP FLAIR Category: Org Code: 55043010404 FLAIR Obj: 751000 FPN FPN County No Fund: _ Org Code: Fund: _ Org Code: FLAIR Category: FLAIR Obj: FLAIR Category: FLAIR Obj: Contract No: G-OK60 Vendor No: F596-000-674 THIS STATE -FUNDED GRANT AGREEMENT ("Agreement") is entered into on (This date to be entered by DOT only) by and between the State of Florida Department of Transportation, ("Department"), and Indian River County, ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties". NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7), and (select the applicable statutory authority for the program(s) below): ® Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008) ❑ Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009) ❑ Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Legal Authority , Insert Funding Program Name , Insert CSFA Number The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Construction and CEI Services of SR -60 and 43rd Avenue, as further described in Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement ("Project"); to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before June 30, 2023. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement, or for work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, the Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. Page 1 of 14 105 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osiz 1 Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department. 4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. 5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable laws or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination in writing within thirty (30) days of the Department's determination to terminate the Agreement, with instructions as to the effective date of termination or to specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: a. The estimated cost of the Project is $13,575,320.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", Schedule of Financial Assistance, attached and incorporated in this Agreement. The Schedule of Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties. b. The Department agrees to participate in the Project cost up to the maximum amount of $6.989.429.00 and, additionally the Department's participation in the Project shall not exceed n/a% of the total cost of the Project, and as more fully described in Exhibit "B". The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. c. The Department's participation in eligible Project costs is subject to, but not limited to: L Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and Page 2 of 14 106 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osi21 iii. Department approval of the Project scope and budget at the time appropriation authority becomes available. 7. Compensation and Payment: The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial Assistance in Exhibit "B". b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties. c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel expenses are not compensable under this Agreement. f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services, The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests Page 3 of 14 107 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT05/21 05/21 payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and forfive years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. L If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. 1. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." m. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation, shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient Page 4 of 14 108 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osi21 files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8. General Requirements: The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. The Recipient must obtain written approval from the Department prior to performing itself (through the efforts of its own employees) any aspect of the Project that will be funded under this Agreement. ❑ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). b. The Recipient shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or additional work on the Project under this Agreement without the priorwritten approval of the claim or request for additional work by Department. 9. Contracts of the Recipient a. The Department has the right to review and approve any and all third party contracts with respect to the Project before the Recipient executes any contract or obligates itself in any manner requiring the disbursement of Department funds under this Agreement, including consultant or construction contracts or amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval, the Department may deny payment to the Recipient. The Department may review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties hereto that participation by the Department in a project that involves the purchase of commodities or contractual services or the purchasing of capital equipment or the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that are not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to Page 5 of 14 109 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osiz 1 obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department. c. Participation by the Department in a project that involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 10. Design and Construction Standards and Required Approvals: In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the timeframe set forth in this Agreement. The Recipient's use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant for the design phase of the Project using the Recipient's normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. If any portion of the Project will be located on, under, or over any Department -owned right-of-way, the Department shall review the Project's design Page 6 of 14 110 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osrzt plans for compliance with all applicable standards of the Department, as provided in Exhibit "O", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement. f. The Recipient shall adhere to the Department's Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient's contractor to post a payment and performance bond in accordance with applicable law. L The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as -built plans of any portions of the Project funded through the Agreement prior to final inspection. 11. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ❑ shall maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "D". This provision will survive termination of this Agreement. 12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Recipient's use of state financial assistance may include but not be limited to on- site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and Page 7 of 14 1 1 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osrzt cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: In the event the Recipient meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "J", State Financial Assistance (Florida Single Audit Act) to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAudit(a-)dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen local govt(q�aud.state.fl.us v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Page 8 of 14 112 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osi21 Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Recipient's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or its designee, DFS or the Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 13. Restrictions, Prohibitions, Controls and Labor Provisions: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. The Recipient shall: Page 9 of 14 113 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 05/21 L Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 14. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of the Department's or the Recipient's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY]. The foregoing indemnification shall not constitute a waiver of the Department's or [RECIPIENT']'s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." d. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Page 10 of 14 114 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osi21 insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. e. If the Recipient elects to self -perform the Project, and such self -performance is approved by the Department in accordance with the terms of this Agreement, the Recipient may self -insure and proof of self-insurance shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Recipient is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. g. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 15. Miscellaneous: a. In no event shall any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. Page 11 of 14 115 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 05!21 b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes L This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 16. Exhibits. a. Exhibits A, B, D, F, and J are attached to and incorporated into this Agreement. b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is attached and incorporated into this Agreement. c. ❑ Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement. d. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "K", Advance Project Reimbursement is attached and incorporated into this Agreement. e. ® A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit O, Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. f. ❑ The following Exhibit(s), in addition to those listed in 16.a. through 16.f., are attached and incorporated into this Agreement: Page 12 of 14 116 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osiz 1 g. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance `Exhibit C: Engineer's Certification of Compliance Exhibit D: Recipient Resolution Exhibit F: Contract Payment Requirements *Exhibit H: Alternative Advance Payment Financial Provisions Exhibit J: State Financial Assistance (Florida Single Audit Act) *Exhibit K: Advance Project Reimbursement *Exhibit O: Terms and Conditions of Construction in Department Right -of -Way *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. The remainder of this page intentionally left blank. Page 13 of 14 117 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. RECIPIENT 525-010-60 PROGRAM MANAGEMENT 05/21 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Title: Title: Legal Review: By: Name: Page 14 of 14 118 Alt Form 525-010-6OeA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -011 -OA STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 05/21 EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 431759-2-54-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Indian River County (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ® The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS:.090 miles 88060000 28.088 to 28.178 PROJECT DESCRIPTION: Construction for the Project will include, but not be limited to the following: • Roadway reconstruction @ SR -60 & 43rd Ave • Drainage Improvements • Traffic Signal Improvements • Signing and Pavement Markings • Installation of new mast arms • Lighting • Landscaping • ADA upgrades to all curb ramps, sidewalks, and curb and gutters within the Project's limits • Polyurethane injection to fill the voids and stabilize the surrounding soils beneath the roadway surface. The COUNTY shall perform the following services at their sole cost and expense: • Continuation of Professional Engineering Services for the reconstruction of the intersection at SR -60 and 43rd Ave.(Post Design) • Utility work and/or relocation SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Construction to be completed by June 30, 2023 Page 1 of 2 119 If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: Page 2 of 2 120 Exhibit A DELIVERABLES FM# 431759-2-54-01 121 Pane I ITEM NO. DESCRIPTION UNIT ESTIMATED QTY. 101-1 ----------------------------------------------------------+------1---------- 'MOBILIZATION/DEMOBILIZATION LS 1 1 jMAINT_EN_A_NCE__O_F TRAFFIC _—_---_—_—_—_--_—_---_—_--_—_—_�--- !CHANGEABLE VARIABLE MESSAGE SIGN (18�—_—_--_—_—_—_—_— ---_—_—_--1 ED ! 7520 --102-99 -- f ------------------------- ----------- 104-10-3 ISEDMINENT BARRIER I LF I 16456 --------1-------------------------------------------------!--- --fi--------- 104-11 ----- -- (FLOATING TURBIDITY BARRIER f ---------------------------------------------------!------t I LF 560 _10_4-18 — --- ------ 'INLET PROTECTION SYSTEM I EA 1 69 {------------------------------------------------- a--- --�-------- fa AND GRUBBING—_---_--_—_—_—_----_ - 110-3 ____________ !REMOVAL OF EXISTING STURCTURE/BRIDGES — —L_S_--_—_—_--1 j ! -- -- ------------------------------------------------�--LS LS --------- 1 120-1 IREGULAR EXCAVATION I CY 1 12656 120-6 (EMBANKMENT COMPACTED IN PLACE I CY 1 5781 160-4 ! 12" STABLIZED SUBGRADE ! SY ! 44072 ---------t------------------------------------------------t-----h--------- 285-707 BASE GROUP 7_19_CEMENTED COQUINAL - —OPTIONAL ----------------- _—SY — 286-1 (TURNOUT CONSTRUCTION,/ DRIVEWAY BASE CONCRETE1 j SY ( 1526 -- ------------------------- --_ ---- --�--------- TTN 286-2 ITURNOUT CONSTRUCTION, ASPHALT TN I 98 ------------------------------------------------- -- ; -- --x--------- 327-70_1 'MILL EXISTING ASPHALT PAVEMENT, 1" AVG. DEPTH I SY ! — -----�--------------------------------------------------T-----t---------- 17144 327-70_8 ------f-----------------------------------------------i------ !MILL EXISTING ASPHALT PAVEMENT, 2.5" AVG. DEPTH ! SY ! 2944 334-1-13 334-1--Ll ASPHALTIC CONCRETE, TRAFFIC CUSP 12.5 OVERBUILD ---------- --------- TN —JSUPERPAVE jSU_P_ERP_A_V_E_ASPHALT SP TRAFFIC —_—_—_ —�—_—_—_7200 ! j —334-1_13A— _CONCRETE, -12.5, C, 1.5' TH_ICK__ _______ �APSHALT _T_N T —� 4760_ CONCRETE FRICTION COURSE, FC -9.5, TRAFFIC C, W/ POLYMER V — 337-7-82—_ITHICK —_----_---_ _—_—_----_--------- I T_N__L ------ 1172 400-0-11 jCONCRETE, CLASS NS, GRAVITY WALL ! CY 81.9 —---------------------------------------- —�i --- -- 400-1_2 ICONCRETE CLASS I, ENDWALLS I CY I 6.33 -- ---rt--------------------------------------------1-----x--------- 400-147 'COMPOSITE NEOPRENE PADS ! CF 1.64 400-2-10 ----- —ACONC 'CONCRETE CLASS II, APPROACH SLABS ETE CLASS ------- SLABS --------------------4------j I CY i --------- 62 §Z 11, BRIDGE SUPERSTRUCTURE —_—_--_—_—_—_—_--_—_—_� CY—L—_—_—__138_ — 400-2-46 lCONC. CLASS 11, BRIDGE SUPERSTRUCTURE LIGHTWEIGHTZ_—_—_--_---- ! CY ! 153.7 400-2-5 (CONCRETE, CLASS II, BRIDGE SUBSTRUCTURE ----- 5 ICONCRCLASS 11, I CY I 60 60 400-7 -------- 'BRIDGE DECK GROOVING, LESS THAN 8.5" i---------- --------------------------------i------r--------- I Sy ! 523 — 4_15 -1 -4_ -REINFORCING STEEL- ROADWAY- BRIDGE SUPERSTRUCTURE —_—_--_—_—_ LBS—�—_—_ 63459.3 4_15-1-5 STEEL- ROADWAY_BRIDGE SUBSTRUCTURE—_—_—_--_—_— LBS— 16156 — —1REINFORCING 415-1-9 !REINFORCING —_—_— ! i STEEL- ROADWAY- APPROACH SLABS —--------------------------------------------------------- LBS 12170 425-1311 (INLETS, CURB, TYPE P-1, <10' EA I 5 _ 425_1_321 _'INLETS CURB, TYPE P-2,<10' ! EA I 4 ----------------------------- --------------- 425-1341 425_1341 'INLETS CURB, TYPE P-4, <10' I EA I 1 -------=---------------------------------------------------G---------- — 425_1351—11NLETS_ CURB, TYPE P_5, <10'—_—_--_—_---_--_—_—_—_----_----�—EA —�—_—_—_— 16 425-1352 !INLETS, CURB, TYPE P-5, >10' ! EA j 2 ---------------------------------------------------- ; -- --F--------- 425-1361 -----------------------------------------------------------+-----j---------- (INLETS, CURB, TYPE P-6, <10' I EA 1 12 425-1421 IINLETS CURB, TYPE J-2, <10' 1 EA I 2 --------4-------------------------------------------------;------!--------- 425-1451 !INLETS CURB, TYPE J-5, <10' ! EA 1 1 -------_4—_-- 425_1452-11NLETS_CURB_TYPE —_-------------------------------------------1------ J_5_>10_—_—_--_—_—_—_--_-----_---------�—EA --------- - —------- 425-1461 425-1461 !INLETS, CURB, TYPE J-6, <10' j EA ! 2 — --i-------------------------------------------------- �--------------- 425-1521 ---------t---------------------------------------------------1------ (INLETS, DITCH BOTTOM , TYPE C, <10' I EA 1 ---------- 27 425-1521A — --'INLET=ETCH f BOT ------ C <10' 'INLETS DITCH BOTTOM ,TYPE C, <1---- 'FIE----_--_---_—_--_—_—_ ! EA ----- --_—_—_--2 425-1559 !INLETS, DT BOT, TYPE E, <10' ! EA ! 2 -------_4----------------------------------------------------- -------------------------+ -- --�---LININ--- 425-1715 425-171511NLETSLGUTTER, TYPE V_< 10__—_-- I - ------------------------- —EA —�—_— 2 425-2-41 !MANHOLE, TYPE P-7, > 10' i EA i 4 — ------------------------------------------------------ i---r--------- — 425-2 43 _!MANHOLE, TYPE P_7_ PARTIAL — --------------_--------------J---- —`—_—_—_--1 121 Pane I Exhibit A DELIVERABLES FM# 431759-2-54-01 ITEM NO. DESCRIPTION UNIT ESTIMATED QTY. 425-2-61 !MANHOLE, TYPE P-8, < 10' ! EA i 3 ---------1--------------------------------------------------r-----r--------- 425-2-71 !MANHOLE, TYPE J-7, < 10' ! EA i 3 — ---- ±-------------------------------------------.--------------r--------- 425-2-91 'MANHOLE, TYPE J-8, < 10' j EA 11 -------{--------------------------------------------------1------(--------- —_425 4 !ADJUST _INLETS _---------------------------------------- .—_—_—_--7_ 25_-5—jADJUST_MA_N_H_O_L_ES—_—_—_—_—_--_—_—_—_------_—_—_--_—_—_-L EA — —_—_—_--7 430-174-115 !PIPE CULVERT, RCP, ROUND, 15" SD ! 30 --t-------------------------------------------------r 430-174118 !PIPE CULVERT, RCP, ROUND, 18" SD —LF -i -_—_—_— - r ! LF i 4054 - ---r-------------------------------------------------1-----x--------- 430-174-124 'PIPE CULVERT, RCP, ROUND, 24" SD LF 1143 -----------------------------------------------------------1---------- _430-174-130 }PIPE CULVERT, RCP_ROUND_30_' SD ------_—_--_—_—_—_------_—_—LF --_—_—__198_ 430-174-136 jPIPE CULVERT, RCP, ROUND, 36_' SD-- ---------------- _-------- —LF—L ------ 2231 430-174-142 !PIPE CULVERT, RCP, ROUND, 42" SD i LF ! 853 -------- t--------------------------------------------- �-----r--------- 430-175-148 !PIPE CULVERT, RCP, ROUND, 48" SO i LF ! 85 ------ f ---------------------------------------------- t - -- - -x--------- 430-982_140 'MITERED END SECTION, 42" SD EA ' 1 430-984-125 MITERED END SECTION, 18" SD -------------------- --------- --_—_—_--1 430-984-138 430-984-138 ;1MITERED END SECTION_36" SIDE DRAIN ------------------------ � EA—�—_—_—_--1 430-984-141 (MITERED END SECTION, 48" SD i EA ! 1 443-70-3 !FRENCH DRAIN, 18" I LF 1 1616 450-1-2 PRESTRESSED BEAMS TYPE III — _-------------------_-- LF —�—_—_ 7_78..13_ 455-137-1 LOAD TEST_LDYNAMIC_INTERNAL GAUGES _--------- —_—.......... EA — --_---2 455-143-3A IITEST PILES -PRESTRESSED CONCRETE, 18" SQ ------ —___—_---_—___I LF ....... 455-34-3A !PRESTRESSED CONCRETE PILINGS, 18 Sq_CND EBENTS j LF j 550 _—_—_--__ 455-34-3B 'PRESTRESSED CONCRETE PILINGS, 18 SQ SWING BENTS_—_—_—__ -- ,PRESTRESSED ! LF ! 100_ CONCRETE PILINGS, 18 SQ ( INTERMEDIATE BENTS, DEBRIS - -- —r 455-34-3C— lPILES)_--_—_-----_—_---_—_----------- I ! 650 458-1-11 !CONSTRUCTION, F& I POURED JOINT WITH _BACK _ROD ________ -- ! LF_ i _ _ 80_ —� !BRIDGE DECK EXPANSION JOINT, REHABILITATION, POURED JOINT WITH BACKER I 458-1-21 !ROADI ------t--------- LF i 180 -- -----------------------------r------------ 515-1-2 ?PIPE HANDRAIL—GUIDERAIL, ALUM ! LF 1187 515-4-2 !BULLET ALUMINUM RAIL, DOUBLE RAIL R i LF ! 348.67 ------ -----BLE I------ -- -------------------- 521-5-4 !CONCRETE TRAFFIC RAILING- BRIDGE, 32" VERTICAL FACE ----------------------- i LF ! 348.67 ---------------------- --------- 520-1-10 !CONCRETE CURB & GUTTER TYPEF ------T--------------------------------------------i--- i LF ! 21539 --j --------- 520-2-13 !HEADER CURB i LF ! 632 -- -- ----------------------------- I`- -- !TRAFFIC SEPARATOR CONCRETE- TYPE IV, 4' WIDE 457 41 ---LF !CONCRETE TRAFFIC SEPARATOR, SPECIAL VARIABLE WIDTH (COLOR TREATED & i i 520-70 !STAMPED CONCRETE -------�------------—�------------------------------------- I SY 832 41--F —1--F--521-5-4 521-5-4 _ !CONCRETE TRAFFIC RAILING- BRIDGE, 3_2" VERTICAL FA_C_E______________ I SIDEWALK ! j --522-2 _CONCRETE _I6'_THICK�-------------------------- _--_—_______ ______ -PATTERNED PAVEMENT, VEHICULAR AREAS (DURATHERM ________ _S_Y_ ______8612 INTEGRATED PAVINGT —� 523-1 —CONCEPTS, CINNAMON, WAGON WHEEL—_—_—_--_—_—_—_—_--_—_—_�—SY —1 —_—_—_ 800 524-1-2 [CONCRETE DITCH PAVEMENT, NON I 49_ _ _REINFORCED, _4" __________ _S_Yi -- PAVERS, ARCHITECTURAL, SIDEWALK (BELGARD, HOLLAND 4' x 8" 80mm, -T 526-1-2 IRED/CHESTNUT/CHARCOAL, 45 deeqree HERRING-NQ—_—_—_—_- 0 --t------ ------------ --S-Y--1 -2-9- --------x------ 527-2 (DETECTABLE WARNINGS i SF ! 480 ----- -------------------------------------------- IRIPRAP, 530-3-4 RUBBLE, F&I, DITCH LINING i TN ! 146 ---------+---------------------------------------------------a----F---------- 5_30-_4-9_ CONCRETE REVETMENT THICKNESS SF IIA_R_TICULAT_ING_ _BLOCK _SYSTEM, 550-10-22 !FENCING, TYPE B, 5.1-6.0, W/VINYL COATING _6"—_—_—_y --_—_—_2934_ i LF i 1040 — 570-1-2 -PERFORMANCE TURF, SOD _—_—_--_—_—_—_--_—_—_—_—_--_---_. SY — ..... 16393_ —630-2-11b ICONDUIT-SIGNALSEF&1SUNDERGROUND1_—_—_--_—_—_—_------_—_ ------ _--_------- i i 12057 -- 630-2-1 2LF&IILUNDERPAVEMENN�DIRECTIONAL —LF - —r--------- BOREL_—_—_+—LF_------- 1083 — —11-2'_CONDUITS-SIGNALS 1CONDUITS_iF&I�iBRIDGE—_—_--_—_—_�—LF 1620 — 632-7-1 _'CABLE jSIGNAL1IF&1............................... --_—_—_ -----—P�--D--------1 122 Page 2 Exhibit A DELIVERABLES FM# 431759-2-54-01 ITEM NO. DESCRIPTION UNIT ESTIMATED QTY. 633-1_123 !FIBER OPTIC CABLELF&I)SUNDERGROUND) (96 SINGLE MODEL-_-_--_- - --- I 7296 _ -LF r------------ -- -- -i-----r--------- - 633-3-15 -FIBER OPTIC CONNECTION HARDWARE (F&gLPRETERMINATED PATCH PANEL) EA - -_-_-_--1 I EA 1 71 635-2-11 (PULL BOX IF& IL EO EL IDE1_MOULDED --------------------------- -------- i------ —---------------------------?---------- 635-2-11A -635-2-11A-PULL & SPLICE BOXES(F&ILLSIGNALL--------------------------- I EA 1 23 - 635-2-12 -!PULL &SPLICE BOX, F&I S30"x48"x2L----- --------------------- -------- - 635-2_-13_- !PULL &_SPLICE BOXES (F&I) LFIBER OPTIC_S)---_--_-_-_-_------ ! EA ! 26_ 639-1-123 !SIGNAL ELECTRICAL POWER SERVICEIIF&�TUNDERGROUND�-------- -_-_-_- I AS I 1 --------rt----- ----------- ----r ------ r---------- -_639-2-1_-SIGNAL (ELECTRICAL SERVICE_WIR_EL(F&IL-------------------_--+-LF 200 - 639-3-11 -ELECTRICAL SERVICES DISCONNECT (F&I) POLE_--_-_-_-_-_--_-_ -- -- --_---- I--�- EA I ---- --G---------- 1 - 641-2-12-1PRE_STRESSED CONCRETE POLE (F&IL(TYPE II -_--_-_-_-_-_--_-_-_L EA -L-_-_-_--1 641-2-80 !CONCRETE POLE REMOVAL COMPLETE/DEEP---------_-_--- --------I----------------- I EA I -----1------x--------- 4 646-1-11 iALUMINUM SIGNAL POLESEF&�PEDESTALL�------- i EA ! 8 -------I--------------- -- --------------1-----r--------- -649-31-105 (STEEL MAST ARM&111WS_150L�SIGN. ARM W/O LUM1�78'I-_-_-_------- EA ---------1 -649-31-109 STEEL MAST ARM F &11LWS_150L SL( N_, RM W/ LUM �.5")--_--_- ---- ----- I EA 1 ----------�---------- 2 I -6_49-31-118_ !STEEL MAST ARM&1�1WS-150L(SIGN_ARM W/O LUMT�70.5'-603_-_--_-_-_� EA --_-_-_--1 - 650-1-24 !TRAFFIC SIGNALSF&aj3_SECTL(1 WAY) ALUM )----------- AS 16_ 650-1-29 IL Ig SIGNAL-(F&IZI5-SECT CLUSTER -I -_ _-_- Ll WAYT�ALUM�_----- ----------------- — I AS I --- ! -- ------------ 4 653-1-11 (PEDESTRIAN SIGNAL F&I !LED COUNTDOWN111 WAY!_ ---------t------------ ! AS ! -- -- ----------- 8 __660-4-1 L -VEHICLE DETECTION SYSTEM F&II (CABINET EQUIPME_NT)_--__-- I EA 1 1 - 660-4-12 !VEHICLE DETE_C_TION_SYSTEM_L ABOVE GROU_ND)�--_-_-_--� EA - 665-1-11 !PEDESTRIAN DETECTOR (F&I)LDET. STA=POLE_--_- ----- --------------- -- ------- -_ ! EA -! --- --- 8_ - 670-5-110 (TRAFFIC CONTROLLER ASSEMBLY iF&1 NEMA -_--_-_-_ --------------------------- ---------1--- I I AS I --r--------- 1 _ 670_5-600 !TRAFFIC CONTROLLER ASSEMBLY REMOVE — ---- i--------------------i-----L--------------------�- I _AS 1 ---- --------- 1 -682-1-133 (j CAMERALF&�LNON_PRESSURIZED�6P, HIGH DEFINITIONL�Y--_-_ EA -1 -_-_-_--1 -1_-!MANAGED FIELD ETHERNET SWITCHIF&jl__--_---_-_-_--_-!-L EA ---_-_ 1 685-106 !SYSTEMS AUXILIARES (UNITERRUPTIBLE POWER SOURCE) &II j EA j 1 ISINGLE POST SIGN, F&I, FM, <12SF I AS I 73 --E00-1-LL 700-1-13 ISINGLE POST SIGN, F&I, FM, >12SF 1 AS ! 1 .--Loo-i-21-4 POST SIGN, RELOCATE I AS ' 15 --------4------------------------------------------------a---—i---------- SIGNAL PANEL I -70_0-3-2_01-1--------LF&1LOVERHEADITI2St_-_-_--_---_-_-_--_-_-- -- -L-_-_-_--4_ 700-5-21 !INTERNALLY ILLIMINATED SIGN IF&�LNAMEI�VERHEADL�2SF�_-_--_- - --------------------- --- I EA j ---- -----x--------- 4 705-11-1 IDELINEATOR, FLEXIBLE TUBULAR I EA I 18 706-3 !RETRO -REFLECTIVE PAVEMENT MARKERS ! EA 796 --------I------------------------------------------------^-- -- --------- 710-11-290 'PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, ISLAND NOSE 1 SF 1 67 'THERMOPLASTIC, STANDARD, WHITE, SOLID, 8_-_--_-_-_-_-_--_-_-_ -711-11-122 711-11-123 !THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" _G_M_-L-_-_-_-0.4 ! LF i 2611 711-11-124 ITHERMOPLASTIC, STANDARD, WHITE, SOLID, 18" --------(------------------------------------------------- I LF I �-----x-------- 455 -71— 1-11-125 !THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" 1 LF 1 585 - -- - !THERMOPLASTIC, STANDARD, WHITE, MESSAGE --------4---------------------------------------------------i------F--_---_--_ 1 EA ! 20 1THERMOPLASTIC_STANDARD_WHITE, -711-11-170 ARROW_-_--_-_-_-_-_----_--� EA -L-_-_-_- 86 123 Page 3 Exhibit A DELIVERABLES FM# 431759-2-54-01 ITE MNO. DESCRIPTION UNIT ESTIMATED QTY. 711-11-222 (THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" I LF I 77 -------- --------------------------------------------------r----r--------- 711-16-101 (THERMOPLASTIC, STANDARD, WHITE, SOLID, 6" I GM I 3.1 'THERMOPLASTIC, STANDARD - OTHER SURFACES, WHITE, 7 10-30 SKIP OR 3-9 I i (LANE DROP IGM I 3.59 _711-16_-131 ---1------------------------------------------------T-----r---------- 711-16-201 (THERMOPLASTIC, STANDARD, YELLOW, SOLID, 6" 1 1 GM 2.37 ---------+--------------------------------------------------I------F---------- [THERMOPLASTIC, STANDARD, YELLOW, SKIP, 6"—_--_—_—_—_—_--_—_—_� GM _711-16-23_1_ 715-1-13 (LIGHTING CONDUIT F&I INSULATED NO. 4 —1—_—_—_ 0.44 i LF i 36765 — 715-4-13 — ISTANDA_RD_LIG_HT PO_L_E_C_O_M_PLE_T_E W_!_C_O_N_CR_ETE_- BASE, _F&I_W_IN_D_S_PEE_D_16_0–--EA —I ------- 30_ 715-4-33 IICONFLICT LIGHT POLE COMPLETE W/ CONCRETE- BASE, F&I, WIND SPEED 160 1 EA 1 36 715-5-30 ILU_MIN_AIR_E_ AND MOUNTED SIGNAL 1 FEA _ _BRACKET _ARM _O_N__POLE, _&I __ _____4_ — — jLOAD CENTER (INCLUDES ALL COMPONENTS LISTED ON SERVICE POINT DETAILS 715-7-11 IDRAWINJ------------------ - _4 ------------------------i--- EA I 3 --f--------- -1 -POLE CABLE DISTRIBUTION SYSTEM CONVENTIONAL—_—_—_—_----_—_ EA 70 —715=500 --------4----------------------------------------------- --_—_—_— --------------- --_—_—__ ICh_aase Order 01 Deliverables MOT I Day I 87 --------Extended --------------—-------- (Extended Erosion Control and Maintenance ------- +--------------------------------------------+---t---------- ------- I Day I 87 1Extended Indirect Costs and Expenses --------4-------------P--- —------------- I Day I 68 � — --�-------- IRemobilizations TRC ---------1----LT--�---------------------I-- I LS I 1 ----------- 1------ ------- Pol rethane Injection Uretek I LB I 24170 ----------_-- IPick u Truck (MOT, Vac, &CCNCrews I Hour I 81 IVAC Truck I Day I 9 ICCTV Truck — — -- i Hour i 81 IVAC Truck Operator --------1----- ---------- I Hour I 81 ------------a-----1---------- ----- (Foreman-LMOT_CCTV_& MOT Crews----- ------- —-----�—LS—!-------1 ISkilled Laborer (Vac & CCTV & MOT crews LS 1 --_—_— ICCTV Truck Operator I Hour I 81 CEI CLASSIFICATIONS SR. PROJECT ENGINEER PROJECT ADMINISTRATOR SR. INSPECTOR INSPECTOR INSPECTOR'S AIDE QUALITY CONTROL (QC) MANAGER EARTHWORK CONSTRUCTION INSPECTOR LEVEL 1 EARTHWORK CONSTRUCTION INSPECTOR LEVEL 2 ASPHALT PAVING TECHNICIAN LEVEL 1 ASPHALT PAVING TECHNICIAN LEVEL 2 BRIDGE INSPECTOR 2 BRIDGE INSPECTOR 1 CONTRACT SUPPORT SPECIALIST ASSISTANT PROJECT ADMINISTRATOR 124 Page 4 Alt Form 525-010-60eB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0B STATE -FUNDED GRANT AGREEMENT PROGRAM 180127th Street MANAGEMENT Vero Beach, FL 32960 8121 Page 1 of 1 EXHIBIT B LOCAL FUNDS SCHEDULE OF FINANCIAL ASSISTANCE Indicate source of Local funds RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: Indian River County 431759-2-54-01 180127th Street Vero Beach, FL 32960 MAXIMUM PARTICIPATION TOTAL PROJECT FUNDS LOCAL FUNDS STATE FUNDS Indicate source of Local funds PHASE OF WORK by Fiscal Year: Design- Phase 34 Maximum Department Participation $ $ $ ❑ In -Kind FY: (Insert Program Name) ❑ Cash FY: Maximum Department Participation $ $ $ In -Kind (Insert Program Name) ❑ Cash Total Design Cost $ 0.00 $ 0.00 $ 0.00 Right -of -Way- Phase 44Maximum Department Participation $ $ $ In -Kind FY: (Insert Program Name) ❑ Cash FY: Maximum Department Participation $ $ $ ❑ In -Kind (Insert Program Name) ❑ Cash Total Right -of -Way Cost $ 0.00 $ 0.00 $ 0.00 Construction -Phase 54 Maximum Department Participation $13,171,782.00 $6,585,891.00 $6,585,891.00 Lj In -Kind FY: 2020 (County Incentive Grant Program ® Cash FY: 2023 Maximum Department Participation $403,538.00 $0.00 $403,538.00 ❑ In -Kind (IState Funded State Primary Hwy(DS)) ® Cash Total Construction Cost $13,575,320.00 $6,585,891.00 $6,989,429.00 Construction Maximum Department Participation $ $ $ ❑ In -Kind Engineering and (Insert Program Name) Inspection - Phase 64 ❑ Cash FY: FY: Maximum Department Participation $ $ $ ❑ In -Kind (Insert Program Name) ❑ Cash Total Construction Engineering and Inspection Cost $ 0.00 $ 0.00 $ 0.00 (Phase: ) Maximum Department Participation $ $ $ ❑ In -Kind FY: (insert Program Name) ❑ Cash FY: Maximum Department Participation $ $ $ ❑ in -Kind (Insert Program Name) ❑ Cash Total Cost $ 0.00 $ 0.00 $ 0.00 TOTAL COST OF THE PROJECT $13,575,320.00 $6,585,891.00 $6,989,429.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Susan Dale District Grant Manager Name Signature Date 125 Alt Form 525-010-6OeC STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -011 -OC STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 0521 Page 1 of 1 EXHIBIT C ENGINEER'S CERTIFICATION OF COMPLIANCE Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. NOTICE OF COMPLETION STATE -FUNDED GRANT AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and INDIAN RIVER COUNTY PROJECT DESCRIPTION. -CONSTRUCTION AND CEI SERVICES FOR INTERSECTION IMPROVEMENTS AT SR -60 AND 43RD AVENUE FPI D#: 431759-2-54-01 In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20_ By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification the Recipient shall furnish the Department a set of "as -built" plans certified by the Engineer of Record/CEI. SEAL: By: Name: Date: 126 Alt Form 525-010.60eO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-00 STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 05/21 Page 1 of 1 EXHIBIT D RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. 127 Alt Form 525-010-6OeF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -011 -OF STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 05/21 Page 1 of 2 IW4:1131199 CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Travel: Reimbursement for travel must be in accordance with s. 112.061, F.S., which includes submission of the claim on the approved state travel voucher along with supporting receipts and invoices. Other direct costs: Reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). If nonexpendable property is purchased using state funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with DMS Rule 60A-1.017, F.A.C., regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in s. 273.02, F.S., for subsequent transfer to the State. Indirect costs: If the contract stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. 128 Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforState Expenditures.pdf. 129 Alt Form 525-010-60eJ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -011 -OJ STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/20 Page 1 of 1 EXHIBIT J STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Awarding Agency: Florida Department of Transportation State Project Title ® County Incentive Grant Program (CIGP), (CSFA 55.008) and CSFA ❑ Small County Outreach Program (SCOP), (CSFA 55.009) Number: ❑ Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Program Name, Insert CSFA Number "Award Amount: $-6,585,891.00 "The state award amount may change with supplemental agreements Specific project information for CSFA Number is provided at: https://apps.fldfs.com/fsaa/searchCatalog.asr)x COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.asr)x 130 Alt Form 525-010-60eO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-00 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT os/21 Page 1 of 3 I�illI-lh��J TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY Section 10.e. of the Agreement is amended as follows for Construction on the Department's Right of Way 1. If the Project involves construction on, under, or over the Department's right-of-way, the design work for all portions of the Project to be constructed on, under, or over the Department's right-of-way shall be submitted to the Department for review prior to any work being commenced, and the following provisions shall apply: a. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge Construction and Department Design Standards and Manual of Uniform Traffic Control Devices ("MUTCD"). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the Florida Department of Transportation Design Manual ("FDM") and the Department Traffic Engineering Manual. Designs that do not meet Department standards may be rejected by the Department at its sole discretion. The Department may allocate Department -managed resources to facilitate compliance with applicable design standards. If changes to the Department approved plans are required, the Recipient shall notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Recipient shall maintain the area of the Project, at all times, and coordinate any work needs of the Department during construction of the Project. b. The Recipient shall notify the Department a minimum of 48 hours before beginning construction within, under, or over Department right-of-way. The Recipient shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is c. The Recipient shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Recipient is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Recipient that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Recipient shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. e. The Recipient will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on, under, or over the Department's right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right-of-way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Recipient, except as may otherwise be provided in separate agreements. The Recipient shall not acquire any right, title, interest or estate in Department right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Recipient's use, occupancy or possession of Department right-of-way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, Florida Statutes. 131 525-011-00 PROGRAM MANAGEMENT 05/21 Page 2 of 3 g. The Recipient shall not cause any liens or encumbrances to attach to any portion of the Department's property, including but not limited to, the Department's right-of-way. h. The Recipient shall perform all required testing associated with the design and construction of the Project. Testing results shall be entered into the department's Materials Testing and Certification database application and the department must provide the final Materials Certification for the Project. The Department shall have the right to perform its own independent testing during the course of the Project. The Recipient shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Recipient, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. j. If the Department determines a condition exists which threatens the public's safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from on, under, or over its right-of-way at the sole cost, expense, and effort of the Recipient. The Recipient shall bear all construction delay costs incurred by the Department. k. The Recipient shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. L The Recipient will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. m. The acceptance procedure will include a final "walk-through" by Recipient and Department personnel. Upon completion of construction, the Recipient will be required to submit to the Department final as -built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as -built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Recipient shall remove its presence, including, but not limited to, all of the Recipient's property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. n. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Recipient. The Recipient shall have thirty (30) days from the date of receipt of the Department's written notice, or such other time as the Recipient and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the "Notice of Completion"). If the Recipient fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Recipient with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Recipient's sole cost and expense, without Department liability to the Recipient for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Recipient with an invoice for the costs incurred by the Department and the Recipient shall pay the invoice within thirty (30) days of the date of the invoice. o. The Recipient shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Recipient shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. 132 525-011-00 PROGRAM MANAGEMENT 05121 Page 3 of 3 p. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Recipient to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. q. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. r. Restricted hours of operation will be from Insert restrict hours of operation, (insert days of the week for restricted operation), unless otherwise approved by the Operations Engineer, or designee. s. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department's Public Information Office is: Insert District PIO contract info Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 133 oar Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 21, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Cindy Corrente, Utility Finance Manager Subject: Utility Accounts Receivable Bad Debt Follow -Up and Potential Foreclosure Activity Background and Analysis: On March 9, 2021, a public hearing took place that resulted in modifications to County Code Section 201.22 that pertained to payment and collections of certain utility bills. These modifications set forth a specific time period during which staff was given authorization to waive some, or all, penalties and interest on certain past -due utility accounts and to make payment arrangements for settlement of said accounts. Modifications to code also included language that provided staff with the authorization to seek final settlement, or ultimately foreclosure, for any accounts that remained unsettled. The most significant waivers went to owners who made settlement before June 14, 2021. The table below represents the information for those account holders. The amount of $582,507.76 was written off to bad debt in the 2020-2021 fiscal year (FY). Account Type Number of Settlements Total Cash Collected Total Penalties & Interest Waived Water & Sewer 48 $120,751.14 $483,239.40 Impact Fee Loans 5 $ 22,353.66 $ 19,491.63 Assessments 54 $127,663.08 $ 79,776.73 Totals 107 $270,767.88 $582,507.76 The second most significant waivers went to owners who signed payment agreements promising to settle their remaining balances by May 22, 2022. Twenty-seven owners signed agreements. Nine of those actually made payment ahead of time and before June 14, 2021, and thus are accounted for in last year's write off. Fifteen of them kept the agreements this fiscal year. The table below represents the breakdown of the agreements that owners kept. Although three agreements were broken, staff is continuing to work with those owners since ultimately the goal is to settle rather than foreclose. These three owners have been making progress towards settling their debt. Account Type Number of Total Cash Collected Accounts Settled Total Penalties & Interest Waived Water & Sewer 6 $27,255.16 $ 86,953.65 Assessments 9 $65,774.05 $ 35,116.03 Totals 15 $93,029.21 $122,069.68 134 F:\Utilities\00_UTI1_ITY -AGENDA TEMPLATE & GUI DELI NES\2022 Agenda Item s\100422 BCC Agenda Items\Bad Debt\Agenda AR Summary Oct 2022.doc Additional write offs fall into one of two categories. The first is accounts with liens that are over twenty years old and are no longer enforceable. Therefore, the debt on those accounts will be written off. At this time, there are 83 accounts with unenforceable liens. It is noted that staff did attempt to settle all debts regardless of their age. Five debts over twenty years old were settled. Their numbers are reflected with the 15 accounts listed in the previous table. The information for accounts over twenty years old that were not settled is in the table below. For all accounts falling into the unenforceable lien category, a "Notice of Potential Future Connections Charges" will be filed in the County Clerk's records. Thus, before any service can be activated for those properties, any connection charges in effect at the time of connection including any impact fees will have to be paid. A sample notice is included with the agenda. Account Type Number of Accounts Total Outstanding Debt Water & Sewer 10 $169,838.10 Impact Fee Loans 1 $ 1,464.25 Assessments 72 $309,047.06 Totals 83 $480,349.41 The last category consists of any remaining accounts for which there are enforceable liens. These are accounts wherein staff will work with the County attorney's office or outside counsel to pursue foreclosure as is described in County Code Sections 202.22D and 202.22H. Per code, the County is required to notify the property owner of the potential foreclosure and to allow them sixty days to arrive at a settlement agreement. To date, staff has sent 67 such letters via certified mail. Although staff has received several follow up calls in response to the letters, only six owners have made settlement so far. The table below represents those settlements. Account Type Number of Accounts Settled Total Cash Collected Total Penalties & Interest Waived Water & Sewer 5 $51,094.10 $26,620.43 Assessments 1 $13,000.00 $ 3,565.28 Totals 6 $64,094.10 $30,185.71 Moving forward, the revised sections of County Code dictate that foreclosure notices are to be processed after 24 months of past due utility bills, or 48 months of delinquent loans or assessments. Staff has already been reaching out to customers falling into these categories. So far, there has been more success in settling these accounts rather than the accounts that were left to accrue fees and penalties for well beyond the 24 -month and 48 -month timeframe. 135 Page 2 of 3 Summary of Bad Debt & Associated Costs Account Type # of Accounts Settled Total Cash Collected Total Penalties & Interest Waived/ Outstanding Debt Water & Sewer 21 $ 78,349.26 $283,412.18 Impact Fee Loans 1 n/a $ 1,464.25 Assessments 82 $ 78,774.05 $347,728.37 Total 104 $157,123.31 $632,604.80 Attorney Fees $100,000.00 Grand Total $732,604.80 135 Page 2 of 3 Funding: Funds in the total amount of $732,604.80 to cover the expenses for this project will come from the Utilities/Cust Svc/Bad Debt-Water/Sewer (FY 21/22) account, number 47126536-036510, in the amount of $632,604.80, and the Utilities/Gen & Eng/Legal Services (FY 22/23) account, number 47123536- 033110, in the amount of $100,000.00, both of which are in the Utilities operating fund. Utilities operating funds are derived from water and sewer sales. A budget amendment will be required to cover the $632,604.80 bad debt amount for FY 21/22 from Utilities/Cash Forward -Oct 1S` Account Name Account Number Amount Utilities/Cust Svc/Bad Debt-Water/Sewer (FY 21/22) 47126536-036510 $632,604.80 Utilities/Gen & Eng/Legal Services (FY 22/23) 47123536-033110 $100,000.00 Recommendation: Staff recommends that the Board of County Commissioners: • Authorize staff to classify as bad debt expense the $632,604.80 in penalties and interest that was waived; • Authorize the Director of Management and Budget to process a budget amendment from the Utilities operating fund balance (cash) to cover the $632,604.80 expense; • Authorize staff to work with the County Attorney's office to process any potential foreclosures; and, • Authorize staff to seek outside counsel, if needed, in assisting with these foreclosures. Attachment: Notice of Future Potential Connection Charges 136 Page 3 of 3 Parcel ID#: Service Address: ,FL Instrument prepared by the County Attorney's Office, and after recording should be returned to the County Attorney's Office NOTICE OF POTENTIAL FUTURE UTILITY CHARGES On the —day of 2022, INDIAN RIVER COUNTY, (hereinafter COUNTY), released the property hereinafter described from the lien of that certain Assessment Roll included in Resolution No. 92-39 and recorded in O.R. Book—, Page , Public Records of Indian River County, Florida. Any future property owner connecting to utilities for water service for the property described below may be subject to certain charges including, but not limited, to various utility connection charges, impact fees, and a deposit. The property, located in Indian River County, is more particularly described as follows: INSERT LEGAL DESCRIPTION UTILITIES SERVICES INDIAN RIVER COUNTY, FLORIDA By Sean C. Lieske, Director of Utility Services STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2022, by Sean C. Lieske, Director of Utility Services for Indian River County, Florida. He is personally known to me. Notary Public Printed name: Commission # Approved for form and legal sufficiency: County Attorney 137 12/6/2022 0,P. Department of Utility Services Accounts Receivable Bad Debt 09/30/2.2 Accounts Receivable Bad Debt Settlement March 9, 2021 — A public hearing resulted in modifications to County Code. The modifications set forth a 90 -day window during which time customers could settle their debt in return for the write-off of some, or all, of the accrued penalties and interest on their accounts. The modifications also included an option to settle the discounted debt over a period of one year. 1 Recap of Bad Debt Write Off HE 09/30/21 Account Type Water & Sewer Impact Fee Loans i Assessments Totals Number of Settlements Total Cash Collected 48 $120,751.14 5 $ 22,353.66 54 $127,663.08 i 107 $270,767.88 Total Penalties and Interest Waived $483,239.40 $ 19,491.63 $ 79,776.73 $582,507.76 sr Payment Arrangements Total Penalties and Account Type Number of Settlements Total Cash Collected Interest Waived Water & Sewer 6 $27,255.16 $ 86,953.65 Assessments 9 $65,774.05 $ 35,116.03 Totals 15 $93,029.21 $122,069.68 O I 12/6/2022 /9 a 2 Additional Write -Offs - Unenforceable Liens Type of Account II Total Number of Outstanding Accounts Debt Water & Sewer 10 $169,838.10 Impact Fee Loans 1 $ 1,464.25 Assessments 72 $309,047.06 Total 83 $480,349.41 ➢ To date, there have been 6 settlements Total Penalties and Interest Waived $26,620.43 $ 3,565.28 $30,185.71 12/6/2022 I O AV -9 3 Number of Total Cash Account Type Settlements Collected Water & Sewer 5 $51,094.10 Assessments 1 $13,000.00 Totals 6 $64,094.10 Total Penalties and Interest Waived $26,620.43 $ 3,565.28 $30,185.71 12/6/2022 I O AV -9 3 12/6/2022 IM3� 3 3 t vk'H ; W Summary of Bad Debt FYE 09/30/22 Number of Settlements Total Cash Total Penalties and Account Type or Accounts Written Off Collected Interest Waived Water & Sewer 21 $ 78,349.26 $283,412.18 Impact Fee Loans 1 n/a $ 1,464.25 Assessments 82 $ 78,774.05 $347,728.37 $632,604.80 Totals 105 $157,123.31 ~y4~ Other Costs ➢ Attorneys Fees - $100,000 is budgeted for outside counsel Action Requested Authorize staff to reclassify the $632,604.80 penalty and interest waivers as bad debt expense Authorize the Director of Management and Budget to process a budget amendment form the Utility Operating Fund Balance(cash) to cover the $632,604.80 Authorize staff to work with the County attorney's office to process any potential foreclosures Authorize staff to seek outside counsel, if needed, in assisting with foreclosures Moving Forward County Code was updated in 2021 so that future write-offs would be less extensive Foreclosure notices are sent once water & sewer accounts are 24 months in arrears Foreclosure notices are sent when loan or assessments accounts are 48 months past due 12/6/2022 9 In 13 2-J"" 5 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney JA County Attorney's Matters - B.C.C. 10. 4.22 O ICe of INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 16, 2022 SUBJECT: Website Publication of Legal Notices BACKGROUND. In 2022, the Florida Legislature enacted HB 7049, which made changes to the legal notices and official advertisements provisions of the Florida Statutes. This memo outlines the new statutory requirements that impact Indian River County. This law takes effect on January 1, 2023. The sections referenced below are in the statutory format that will go into effect on January 2023. Publication of Advertisements on Publicly Accessible Websites Per section 50.011, Florida Statutes, Florida statutory official or legal advertisements in some instances can be on a publicly accessible website as set forth in section 50.0311, Florida Statutes. Per section 50.0311(2), Florida Statutes, the term "publicly accessible website" means a county's official website or other private website designated by the county for the publication of legal notices and advertisements that is accessible via the Internet. All advertisements and public notices published on a website as provided in this chapter must be in searchable form and indicate the date on which the advertisement or public notice was first published on the website. It is important to check specific publishing requirements when determining whether the county website can be used for publication purposes. For instance, per section 125.66(2)(a), Florida Statutes, standard ordinance notices need to meet the publication requirements as provided in chapter 50, Florida Statutes. Thus, the County website would satisfy this requirement. However, per section 125.66(4)(b), when a proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, the notice must be "published in the print edition of a newspaper" or mailed to property owners. In this instance, it appears that publication by website is not an option. Requirements of a Publicly Accessible County Website Per section 50.0311(3), Florida Statutes, a governmental agency may use the publicly accessible website of the county in which it lies to publish legally required advertisements and public notices if the cost of publishing advertisements and public notices on such website is less than the cost of publishing 138 C.IUse Wfc-pmdUppDamlLacallTemplOCL Tech.lagi,,L yPDF949CL@341F032648CL@341PoJ16.d- Board of County Commissioners September 16, 2022 Page 2 advertisements and public notices in a newspaper. There does not appear to be any mandatory language compelling the counties to provide this serve. Thus, it can be argued that although a local government may have the option to post notices on a county website, the statute does not appear to require a county to do so. If the County chooses to do so, the County can charge to use the county website for the publishing of notices. Please note that per section 50.0311(4), Florida Statutes, a governmental agency with at least 75 percent of its population located within a county with a population of fewer than 160,000 may use a publicly accessible website to publish legally required advertisements and public notices only if the governing body of the governmental agency, at a public hearing that has been noticed in a newspaper as provided in Chapter 50, determines that the residents of the governmental agency have sufficient access to the Internet by broadband service, as defined in section 364.02, Florida Statutes, or by any other means, such that publishing advertisements and public notices on a publicly accessible website will not unreasonably restrict public access. Broadband service is defined as any service that consists of or includes the offering of the capability to transmit or receive information at a rate that is not less than 200 kilobits per second and either (a) is used to provide access to the Internet; or (b) provides computer processing, information storage, information content, or protocol conversion in combination with the service. The definition of broadband service does not include any intrastate telecommunications services that have been tariffed with the commission on or before January 1, 2005. Per section 50.0311(6), Florida Statutes, a governmental agency that uses a publicly accessible website to publish legally required advertisements and public notices shall provide notice at least once per year in a newspaper of general circulation or another publication that is mailed or delivered to all residents and property owners throughout the government's jurisdiction, indicating that property owners and residents may receive legally required advertisements and public notices from the governmental agency by first- class mail or e-mail upon registering their name and address or e-mail address with the governmental agency. The governmental agency shall maintain a registry of names, addresses, and e-mail addresses of property owners and residents who have requested in writing that they receive legally required advertisements and public notices from the governmental agency by first-class mail or e-mail. Links on a Publicly Accessible Websites Per section 50.0311(7), Florida Statutes, a link to advertisements and public notices published on a publicly accessible website shall be conspicuously placed: (a) on the website's homepage or on a page accessible through a direct link from the homepage; or (b) on the homepage of the website of each governmental agency publishing notices on the publicly accessible website or on a page accessible through a direct link from the homepage. Proof of Publication Per section 50.051, Florida Statutes, affidavits establishing proof of publication are required to be in a form substantially as follows: C.WserrlujcprodlApyGvtalLornllTemp�BCL Tech-IW,xk yPDF81@BCL@341Po31648CL@341Po316.d- 139 INDIAN RIVER COUNTY STATE OF FLORIDA COUNTY OF INDIAN RIVER: Before the undersigned authority personally appeared [name], who on oath says that he or she is of Indian River County, Florida; that the attached copy of advertisement, being a [ ] in the matter of [_] in the [I Court, was published on the publicly accessible website of Indian River County, Florida, or in a newspaper by print in the issues of [-I on (date). Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Sworn to and subscribed before me, by means of ❑ physical presence or ❑ online notarization, this day of [month], 202by[affiant], who is ❑ personally known or ❑ produced identification in the form of (Signature of NotaryPublic) (Print, Type, or Stamp Commissioned Name of Notary Public) (Notary Public) Per section 50.041, Florida Statutes, the affidavit must be printed upon white paper and shall be 8 1/2 inches in width and of convenient length, not less than 5 1/2 inches. A white margin of not less than 2 1/2 inches shall be left at the right side of each affidavit form and upon or in this space shall be substantially pasted a clipping which shall be a true copy of the public notice or legal advertisement for which proof is executed. Alternatively, the affidavit may be provided in electronic rather than paper form, provided the notarization of the affidavit complies with the requirements of section 117.021, Florida Statutes. There may be a charge not to exceed $2 levied for the preparation and execution of each such proof of publication or affidavit. The County Attorney's Office is seeking guidance from the Indian River County Board of County Commissioners ("Board") as to whether the Board is interested in directing County staff to further explore the possibility of the County and other jurisdictions using the County website for publication of notices. The County often uses the County website already to post notices of upcoming public hearings, but such notices are in addition to the notices published in the newspaper. Such website notices are not currently designed to meet the new statutory requirements. FUNDING. There is no funding at this time. If the Board directs County staff to development a process for publication on the County website, County staff will provide funding information when the matter is brought back to the Board for consideration. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners provide direction on the use of the County website for publication of notices for the County and other jurisdictions. C..IUI—Wje-proalAppDatalLow(ITemplBCL T hmIoVes�e yPDF848CL®J41F0J164BCL(B141F0J16.do 140 I3E Of Ce Of Attorney's Matters 10/04/2022 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: September 23, 2022 SUBJECT: Donation of County Property to the Florida Department of Transportation to be Used as Right -of -Way for the Oslo Road/1-95 Interchange Project The Florida Department of Transportation (FDOT) is in the process of acquiring the property needed for the Oslo Road/1-95 Interchange Project (Project). The Project was approved in 2019 and construction is scheduled to begin in Summer, 2023. FDOT has filed several eminent domain lawsuits against affected property owners and Orders of Take have been entered by the court. Some of the cases have settled, but the majority are now in the discovery process and proceeding to mediation. The estimated total cost of the Project is $86,000,000 which is funded entirely by FDOT. The County has been assisting FDOT whenever possible by attending informational meetings and providing input with the redesign of County owned and maintained roads, including 82nd Avenue and Oslo Road. As a result of the construction of the Project, certain easements and rights-of-way will be impacted. The County has been asked to convey this impacted property to FDOT without consideration. The six impacted properties are as follows: • Parcel 100 is a 0.15 -acre strip of property north of Oslo Road and east of the proposed interchange. It is 30' wide and runs along the Lateral "D" Canal north of 86th Street. • Parcel 114 is a 6.65 -acre parcel of property that is 60' wide and consists of what is now is Oslo Road extending from 74th Avenue west to 86' Avenue which is on the west side of 1-95. • Parcel 116 is a 3.017 -acre strip of property that is 60' wide running south of the 141 1-95/Oslo Road Interchange Parcels September 26, 2022 Page 12 intersection of Oslo Road and 82nd Avenue for 2,117 feet. • Parcel 802 is an access easement that is 0.095 total acres in size, made up of two small blocks on 9011 Avenue, one on the north and one on the south side of Oslo Road. • Parcel 809 is a drainage easement 0.034 acres in size and is located on the south side of Oslo Road at the current location of 741h Avenue. • Parcel 813 is a 1.49 -acre access easement 30' wide running along the south side of Oslo Road between 82nd and 74th Avenue. A color map depicting the parcels is attached to this memo. For each parcel to be conveyed, the County has been asked to execute the following documents: ✓ A Donation of Property to the Florida Department of Transportation Form, waiving our right to an appraisal, compensation and reimbursement for reasonable costs and fees. ✓ A County Quit Claim Deed, at FDOT's request, the County will convey these six properties by County Quit Claim deed, even if an easement interest is being conveyed. ✓ A Resolution declaring each property is not needed for County purposes and is being conveyed to FDOT for transportation purposes. In light of the amount of FDOT funds being expended on the Project, staff feels that the County forgoing compensation for conveyance of these parcels will show continued County support for the project. Upon approval and execution of the above referenced documents, they will be sent to FDOT for recording. FUNDING: There is no expenditure of County funds associated with this matter. STAFF RECOMMENDATION: Staff recommends the Board approve the Donation of Property to the Florida Department of Transportation Form for each of the six parcels, approve the six Resolutions for the parcels and approve the six County Quit Claim Deeds for the parcels and authorize the Chairman to execute the documents on behalf of the Board. Attachments: Color Map Depicting Parcels Six Donation of Property to the Florida Department of Transportation Forms Six County Quit Claim Deed Six Resolutions Copies to: Richard B. Szpyrka, P.E., Public Works Director Debra Sanchez, Senior Right of Way Agent, FDOT 142 ., .r i [f'1a 't2 . fl 'ff •At'B]1G � � ------------------- ` � i 7 1 1 - Y C t 1 T 3 1 1 N wy i I :cn n :r.cs•z l :1 II -- 1 "i r�. 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Q.•. u H co 57"30.12 FDOT FJGHT �>�Y occ - am Florida Department of Transportation ROIN DESA ris ofrice urRigiit of Way JARED W. PERDUE, P.E. GOA LRNOR 3400 West Commercial Boulevard SECRETARY Fort Lauderdale, FL 33309-3$21 Donation of Property to the Florida Department of Transportation Indian River County ITEM/SEGMENT NO.' 4130482 Attn: Richard B. Szpyrka, P.E PLb!ic Works Director 1801 27'" Street Vero Beach. FL 32960 MANAGING DISTRICT 4 F.A.P NO STATE ROAD NO.: COUNTY: PARCEL NO.: INTEREST CONVEYED: ........._... D417 092 B CR 6061 Os:o Road Incian River 100 Fee Sim:jle This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right o` Way maps for referenced project, desires to make a voluntary donat'on of said orcperty or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation. The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her r;ght to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property. to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights, I hereby wave those rights unless otherwise noted below Owner's Signature Type or Print Property Owner's Name 1801 271 Street Street Address Vero Beach, FL 32960 City, State, Zip Code Date APPROVED AS TO F,,'-) A N ID LS F Y BY ' WILLIAM r'IFS. - AAL DEPUTY COUNTY A i i OPINEY 71 04-QCD.12-07/18 This instrument prepared under the direction of Elizabeth S. Quintana, Esq. (--,50 District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide, P.S.M. (07-25-2022) Parcel No. Document prepared by: Item/Segment No. Diana Helmer '(09-20-2022) Section: Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. 3400 W. Commercial Boulevard County. Fort Lauderdale, Florida 33309 COUNTY QUITCLAIM DEED 100.3R(09-20-2022) 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River THIS QUITCLAIM DEED, Made this day of , 20___, by INDLAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is: 1801 27th Street, Vero Beach, Florida 32960, Grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Grantee: (wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of organizations.) WITNESSETH: That the said Grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, does hereby remise, release and quitclaim unto the said Grantee forever, all right, title, interest, claim and demand, which said Grantor has or may have in and to the hereinafter described parcel of land, together with all other right, title, interest, claim and demand, if any, which the said Grantor has in and to said parcel situate in Indian River County, Florida, viz: Parcel No. 100 F.P. No. 4130482 A portion of the 30.00 feet platted Road Right of Way, PLAT OF INDIAN RIVER FARMS CO, according to the plat thereof as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the Southwest One -Quarter (SW 1/4) of Section 23, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at the South One -Quarter (S 1/4) Comer of said Section 23, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence North 0018'07" East along the East line of said Southwest One -Quarter (SW 1/4) of Section 23, a distance of 50.00 feet to a point on the Northerly Existing Right of Way line of said County Road 606 (Oslo Road / 9th Street SW) and the POINT OF BEGINNING; thence continue North 0018'07" East along said East line of the Southwest One -Quarter (SW 1/4) of Section 23 and the Westerly Existing Canal Right of Way Iine of Indian River Farms Water Control District Sub -Lateral D-3 Canal, a distance of 232.14 feet to a point on the new Limited Access Right of Way line of State Read 9 (I-95) and the beginning of a non -tangent curve concave Northwesterly, having a chord bearing of South 62°33'55" West; thence Southwesterly along said curve and said new Limited Access Right of Way line of State Road 9 (I-95), having a radius of 211.33 feet, through a central Pagel of 3 im angle of 09°11'58", an are distance of 33.93 feet to the end of said curve, being a point on the Westerly line of said 30.00 feet platted Road Right of Way; thence South 00°18'07" West along said Westerly line of the 30.00 feet platted Road Right of Way line, a distance of 216.45 feet to a point on said Northerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence South 89°50'39" East along said Northerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 30.00 feet to the POINT OF BEGINNING. Containing 6,713 square feet, more or less. All rights of access, ingress, egress, light, air, and view between the 30.00 feet platted Road Right of Way, PLAT OF INDIAN RIVER FARMS CO, according to the plat thereof as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the South One -Half (S 1/2) of Section 23, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500 and any facility constructed on the following described linea Commence at the South One -Quarter (S 1/4) Corner of said Section 23, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence North 00°18'07" East along the Fast line of said Southwest One -Quarter (SW 1/4) of Section 23, a distance of 50.00 feet to a point on the Northerly Existing Right of Way line of said County Road 606 (Oslo Road / 9th Street SW); thence continue North 00118'07" East along said East line of the Southwest One -Quarter (SW 1/4) of Section 23 and the Westerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral D-3 Canal, a distance of 232.14 feet to the Beginning of the New Limited Access Right of Way line of State Road 9 (I-95) and the beginning of a non -tangent curvc concave Northwesterly, having a chord bearing of South 62°33'55" West; thence Southwesterly along said curve and said new Limited Access Right of Way line of State Road 9 (I-95), having a radius of 211.33 feet, through a central angle of 09°11'58", an arc distance of 33.93 feet to the End of said New Limited Access Right of Way line of State Road 9 (1-95). All rights of access, ingress, egress, fight, air, and view between the 30.00 feet platted Road Right of Way (86th Avenue SW), PLAT OF INDIAN RIVER FARMS CO, according to the plat thereof as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the North One -Half (N 1/2) of Section 26, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for ItemlScgment No. 4130482, Section 88601-2500 and any facility constructed on the following described line: Commence at the North One -Quarter (N 114) Comer of said Section 26, being a point on the Baseline of Survey of County Road 606 (Oslo Road 19th Street SW); thence South 00°24'08" West along the West line of the Northeast One -Quarter (NE 114) of Section 26, a distance of 50.00 feet to the Beginning of the New Limited Access Right of Way line of State Road 9 (I-95); thence North 89°52'13" West along said New Limited Access Right of Way line of State Road 9 (I-95), a distance of 30.00 feet to the End of said New Limited Access Right of Way line of State Road 9 (I-95). TO HAVE AND TO HOLD the same together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the said Grantee forever. Page 2 of 3 149 IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. ATTEST: Print Name: Clerk (or Deputy Clerk) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Codhty Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida By Its Board of County Commissioners In Print Name: Its Chairman The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of _ , 20 by , Chairman, on behalf of INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, who is personally known to me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 3 of 3 150 r 04-QCD.13-07/18 This instrument prepared under the direction of Elizabeth S. Ouintanq, "ssc . District Four Assistant General Counsel Legal Description prepared by: suis A. Gaztambide, P.S.M. (07-25-2022) Parcel No. Document prepared by: Item/Segment No. Diana Helmer (09-20-2022), Section: Florida Department of Transportation. Managing District: Right of Way Production Services C.R. No. 3400 W. Commercial Boulevard County: Fort Lauderdale, Florida 33309 RESOLUTION 100.4R(09-20-2022) 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 606 (Oslo Road/9`h Street SW), Item/Segment No. 4130482, Section 88601-2500, in Indian River County, Florida: and WHEREAS, it is necessary that certain lands now owned by Indian River County, Florida ("County"), Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said property is not needed for County purposes (said property more particularly described in the legal description attached hereto as Exhibit "A" ): and WB REAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest that said County has in and to said lands required for transportation purposes, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the application of the State of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which are in the public or community interest and for public welfare and the land needed for transportation purposes is not needed for county purposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of INDIAN RIVER COUNTY, FLORIDA, in and to said lands should be drawn and executed by this Board of County Commissioners. Consideration shall be $1.00. BE IT FURTEER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF hYDIAN RIVER Page 1 of 4 151 T'he 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 Joe Earman Commissioner Susan Adams Commissioner Joseph FIescher Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this th day of , 2022. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: Jason Brown County Administrator Approved as to form and legal suff ciencv: w— W—.. .— William K. De raal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS :A Page 2 of 4 Peter D. O'Bryan, Chairman 152 EXIldBIT "A" LEGAL DESCRIPTION Parcel No. 100 F.P. No. 4130482 A portion of the 30.00 feet platted Road Right of Way, PLAT OF INDIAN RIVER FARMS CO, according to the plat thereof as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the Southwest One -Quarter (SW 1/4) of Section 23, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at the South One -Quarter (S 1/4) Comer of said Section 23, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence North 00°18'07" East along the East line of said Southwest One -Quarter (SW 1/4) of Sedtion 23, a distance of 50.00 feet to a point on the Northerly Existing Right of Way line of said County Road 606 (Oslo Road / 9th Street SW) and the POINT OF BEGINNING; thence continue North 00°18'07" East along said East line of the Southwest One -Quarter (SW 1/4) of Section 23 and the Westerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral D-3 Canal, a distance of 232.14 feet to a point on the new Limited Access Right of Way line of State Road 9 (I-95) and the beginning of a non -tangent curve concave Northwesterly, having a chord bearing of South 62°33'55" West; thence Southwesterly along said curve and said new Limited Access Right of Way line of State Road 9 (1-95), having a radius of 211.33 feet, through a central angle of 09°11'58", an are distance of 33.93 feet to the end of said curve, being a point on the Westerly Iine of said 30.00 feet platted Road Right of Way; thence South 00°18'07" Nest along said Westerly line of the 30.00 feet platted Road Right of Way line, a distance of 216.45 feet to a point on said Northerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence South 89150'39" East along said Northerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 30.00 feet to the POINT OF BEGINNING. Containing 6,713 square feet, more or less. All rights of access, ingress, egress, light, air, and view between the 30.00 feet platted Road Right of Way, PLAT OF INDIAN RIVER FARMS CO, according to the plat thereof as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the South One -Half (S 1/2) of Section 23, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500 and any facility constructed on the following described line: Commence at the South One -Quarter (S 1/4) Comer of said Section 23, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence North 00°18'0T' East along the East line of said Southwest One -Quarter (SW 1/4) of Section 23, a distance of 50.00 feet to a point on the Northerly Existing Right of Way line of said County Road 606 (Oslo Road / 9th Street SW); thence continue North 00*18'07" East along said East line of the Southwest One -Quarter (SW 1/4) of Section 23 and the Westerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral D-3 Canal, a distance of 232.14 feet to the Beginning of the New Limited Access Right of Way line of State Road 9 (1-95) and the beginning of a non -tangent curve concave Northwesterly, having a chord bearing of South 62°33'55" West; thence Southwesterly along said curve and said new Limited Access Right of Way line of State Road 9 (1-95), having a radius of 211.33 feet, through a central angle of 09°11'58", an are distance of 33.93 feet to the End of said New Limited Access Right of Way line of State Road 9 (I-95). Page 3 of 4 153 D All rights of access, ingress, egress, light, air, and view between the 30.00 feet platted Road Right of Way (86th Avenue SW), PLAT OF INDIAN RIVER FARMS CO, according to the plat thereof as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the North One -Half (N 1/2) of Section 26, Township 33 South, Range 38 Fast, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500 and any facility constructed on the following described line: Commence at the North One -Quarter (N 1/4) Corner of said Section 26, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence South 00°24'08" West along the West line of the Northeast One -Quarter (NE 1/4) of Section 26, a distance of 50.00 feet to the Beginning of the New Limited Access Right of Way line of State Road 9 (1-95); thence North 89'52'13" West along said New Limited Access Right of Way line of State Road 9 (I-95), a distance of 30.00 feet to the End of said New Limited Access Right of Way line of State Road 9 (I-95). Page 4 of 4 154 57544-12 FDOT RCaFWAY BGG —Gdt22 Florida Department of Transportation RON DE.SANTIS Office of Right of Way JARED W. PERDUE, P.E. GOVERNOR 3400 West Commercial Boulevard SECRETARY Fart Lauderdale, FL. 33309-34,11 Donation of Property to the Florida Department of Transportation Indian River County Attn: Richard B. Szpyrka, P.E. ITEM/SEGMENT NO. Public Works Director MANAGING DISTRICT: 1801 2711, Street Vero Beach. FL 32960 F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: INTEREST CONVEYED 4130482 4 D417 092 B CR 6061 Oslo Road Indian River 114 Fee Simple This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or propery interest to the State of Florida for the use and benefit of the Florida Department of Transportation. The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below Owner's Siqnature Type or Print Property Owner's Name 1801 27" Street Street Address Vero Beach, FL 32960_ _ City, State, Zip Code Date APPMOVEO A S "MJ f vAN � U&OLEGGAL U F1 i P,Y ttltf.t;n!,t;, 1c.B�AhL 155 a 04-QCD.12-07118 This instrument prepared under the direction of: Elizabeth S. QWntana,, Fsq . District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide. P.S.M. (06-14-2022) Parcel No. Document prepared by: Item/Segment No. Diana Helmer (09-20-2022) Section: Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. 3400 W. Commercial Boulevard County; Fort Lauderdale, Florida 33309 COUNTY QUITCLAIM DEED 114.3R(09-20-2022) 4130482 88601-2500) 04 606 (Oslo Road/9th Street SW) Indian River THIS QUITCLAIM DEED, Made this day of , 20_____, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is: 180127th Street, Vero Beach, Florida 32960, Grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTA'T'ION, Grantee: (wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of organizations.) WITNESSETH: That the said Grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency Ding hereby acknowledged, does hereby remise, release and quitclaim unto the said Grantee forever, all right, title, interest, claim and demand, which said Grantor has or may have in and to the hereinafter described parcel of land, together with all other right, title, interest, claim and demand, if any, which the said Grantor has in and to said parcel situate in Indian River County, Florida, viz: Parcel No. 114 F.P. No. 4130482 A portion of the 60.00 feet platted Road Right of Way, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie (now Indian River) County, Florida, lying 30.00 feet Northerly, Southerly and parallel with the Baseline of Survey of County Road 606 (Oslo Road/9th Street SW), lying in Sections 23 and 26, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segrnent No. 4130482, Section 88601-2500, being more particularly described as follows: BEGIN at the North One -Quarter (N 1/4) corner of said Section 26; thence South 00124'08" West along the East line of the Northwest One -Quarter (NW 1/4) of said Section 26 and along the Baseline of Survey of 86th Avenue SW, a distance of 30.00 feet to a point on a line 30.00 feet South of and parallel with the North line of said Section 26; thence North 89152'13" West along said parallel line, a distance of 989.73 feet; thence North 0948'05" West, a distance of 60.91 feet to a point on a line 30.00 feet Northerly of and parallel with. said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the South line of Page 1 of4 156 said Section 23; thence South 89052'13" East along parallel line, a distance of 1,000.46 feet to a point on the East line of the Southwest One -Quarter (SW 1/4) of said Section 23; thence South 00°18'07" West along said East Iine of the Southwest One -Quarter (SW 1/4) of Section 23, a distance of 30.00 feet to the POINT OF BEGINNING, Containing 1.371 acres, more or less. FAN t] A portion of the 60.00 feet platted Road Right of Way, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie (now Indian River) County, Florida, lying 30.00 Northerly, Southerly and parallel with the Baseline of Survey of County Road 606 (Oslo Road/9th Street SW), lying in Sections 23 and 26, Township 33 South, Range 38 East, together with a portion of the 80.00 feet Right of Way, lying 40.00 feet Westerly, Easterly and parallel with the Baseline of Survey of County Road 609/619 (82nd Avenue SW/Ranch Road), lying in Sections 23 and 24, Township 33 South, Range 38 East, and a portion of the 30.00 feet platted Road Right of Way according to said plat lying 30.00 feet Northerly of and parallel with said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW), lying in Section 24, Township 33 South, Range 38 East, all located in Indian River County, Florida, shown on Sheets 3, 4 and- 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at the North One -Quarter (N 1/4) corner of said Section 26; thence South 00°24108" West along the West line of the Northeast One -Quarter (NE 1/4) of said Section 26 and along the Baseline of Survey of 86th Avenue SW, a distance of 50.00 feet to a point on the new Limited Access Right of Way line of State Road 9 (1-95); thence continue along said new Limited Access Right of Way line of State Road 9 (1- 95) for the next two (2) courses: (1) South 89°52'13" East, a distance of 0.21 feet; thence (2) South 89049'04" East, a distance of 29.79 feet to a point intersecting the Easterly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral D-3 Canal and the Southerly Existing Right of Way line of said County Road 606 (Oslo Road / 9th Street SW), being a point on a line 30.00 feet East of and parallel with the West Iine of said Northeast One -Quarter (NE 1/4) of Section 26; thence North 00124'08" East along said parallel line, a distance of 20.00 feet to the POINT OF BEGINNING; thence continue North 00°24'08" East along said parallel line, a distance of 29.91 feet; thence North 00118'07" East, a distance of 30.09 feet to a point on a line 30.00 feet Northerly of and parallel with said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the South line of said Section 23; thence South 89°49'04" East along said parallel line, a distance of 2,594.59 feet to a point on a line 40.00 feet West of and parallel with said Baseline of Survey of County Road 609/619 (82nd Avenue SW/Ranch Road); thence North 00°14'35" East along said parallel line, a distance of 310.39 feet to a point on the new Limited Access Right of Way line of State Road 9 (1-95); thence South 85'43'12" East along said New Limited Access Right of Way line of State Road 9 (I-95), a distance of 80.20 feet to a point on a line 40.00 feet East of and parallel with said Baseline of Survey of County Road 609/619 (82nd Avenue SW/Ranch Road); thence South 00°14'35" West along said parallel line, a distance of 304.78 feet to a point on a line 30.00 feet Northerly of and parallel with said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the South line of said Section 24; thence South 89°39' 17" East along said parallel line, a distance of 1,568.53 feet; thence South 00°20'43" West along a line at a right angle to the previously described course, a distance of 30.00 feet to a point on said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the South line of said Section 24; thence North 89°39' 17" West along said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the South line of said Section 24, Page 2 of 4 157 a distance of 1,608.48 feet to the Northeast (NE) corner of said Section 26; thence North 89°49'04" West along said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the North line of said Section 26, a distance of 30.00 feet to a point on a line 30.00 feet West of and parallel with the East line of said Section 26; thence South 00°21'58" West along said parallel line, a distance of 30.00 feet to a point on a line 30.00 feet South of and parallel with said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the North line of said Section 26; thence North 89149'04" West along said parallel line, a distance of 2,604.64 feet to the POINT OF BEGINNING. Containing 5.281 acres, more or less. All together containing 6.652 acres, more or less. TO HAVE AND TO HOLD the same together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the said Grantee forever. [INTENTIONALLY LEFT BLANK] Page 3 of 4 158 IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. ATTEST: Print Name: Clerk (or Deputy Clerk) APPROVED AS TO FORM AND LEGAL SUFFICIENCY STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida By Its Board of County Commissioners By: Print Name: Its Chairman The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by Chairman, on behalf of INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, who is personally known to me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 4 of 4 159 04-QCD.13-07118 This instrument prepared under the direction of: Elizabeth S. Quintana, jm�. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide. P.S.M. (06-14-2_0.22) Parcel No. Document prepared by: Item/Seement No. Diana Helmer (09-29-2022): Section: Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. 3400 W. Commercial Boulevard County: Fort Lauderdale, Florida 33309 RESOLUTION 114.4R(09-20-2022) 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 606 (Oslo Road/91s Street SW), Item/Segment No. 4130482, Section 88601-2500, in Indian River County, Florida: and WHEREAS, it is necessary that certain lands now owned by Indian River County, Florida ("County"), Florida, be acquired by the State of Florida Department of Transportation: and VaMREAS, said property is not needed for County purposes (said property more particularly described in the legal description attached hereto as Exhibit 'W): and 'AWEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest that said County has in and to said lands required for transportation purposes, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the application of the State of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which are in the public or community interest and for public welfare and the Iand needed for transportation purposes is not needed for county purposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of Indian River County, Florida, in and to said lands should be drawn and executed by this Board of County Commissioners. Consideration shall be $1.00. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF INDIAN RIVER Page 1 of 4 160 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 Joe Earman Commissioner Susan Adams Commissioner Joseph Flasher Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this _th day of .2022. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: L�c illiam K. Deb 4 , Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Lo Page 2 of 4 Peter D. O'Bryan, Chairman 161 EXHIBIT "A" LEGAL DESCRIPTION Parcel No. 114 F.F. No. 4130482 A portion of the 60.00 feet platted Road Right of Way, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof as recorded in PIat Book 2, Page 25 of the Public Records of St. Lucie (now Indian River) County, Florida, lying 30.00 feet Northerly, Southerly and parallel with the Baseline of Survey of County Road 606 (Oslo Road/9th Street SW), lying in Sections 23 and 26, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: BEGIN at the North One -Quarter (N 1/4) corner of said Section 26; thence South 00°24'08" West along the East line of the Northwest One -Quarter (Nu' 1/4) of said Section 26 and along the Baseline of Survey of 86th Avenue SW, a distance of 30.00 feet to a point on a line 30.00 feet South of and parallel with the North line of said Section 26; thence North 89°52'13" West along said parallel line, a distance of 989.73 feet; thence North 09°48'05" West, a distance of 60.91 feet to a point on a line 30.00 feet Northerly of and parallel with said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the South line of said Section 23; thence South 89'52'13" East along parallel line, a distance of 1,000.46 feet to a point on the East line of the Southwest One -Quarter (SW 1/4) of said Section 23; thence South 00°18'07" West along said East line of the Southwest One -Quarter (SW 1/4) of Section 23, a distance of 30.00 feet to the POINT OF BEGINNIING. Containing 1.371 acres, more or less. 0 A portion of the 60.00 feet platted Road Right of Way, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie (now Indian River) County, Florida, lying 30.00 Northerly, Southerly and parallel with the Baseline of Survey of County Road 606 (Oslo Road/9th Street SW), lying in Sections 23 and 2.6, Township 33 South, Range 38 East, together with a portion of the 80.00 feet Right of Way, lying 40.00 feet Westerly, Easterly and parallel with the Baseline of Survey of County Rodd 609/619 (82nd Avenue SW/Ranch Road), lying in Sections 23 and 24, Township 33 South, Range 38 East, and a portion of the 30.00 feet platted Road Right of Way according to said plat lying 30.00 feet Northerly of and parallel with said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW), lying in Section 24, Township 33 South, Range 38 East, all located in Indian River County, Florida, shown on Sheets 3, 4 and 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at the North One -Quarter (N 1/4) corner of said Section 26; thence South 00124'08" West along the West line of the Northeast One -Quarter (NE I/4) of said Section 26 and along the Baseline of Survey of 86th Avenue SW, a distance of 50.00 feet to a point on the new Limited Access Right of Way line of State Road 9 (I-95); thence continue along said new Limited Access Right of Way line of State Road 9 (I-95) for the next two (2) courses: (1) South 89°52'13" Fast, a distance of 0.21 feet; thence (2) South 89°49'04" East, a distance of 29.79 feet to a point intersecting the Easterly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral D-3 Canal and the Southerly Existing Page 3 of 4 162 Right of Way line of said County Road 606 (Oslo Road / 9th Street SW), being a point on a line 30.00 feet East of and parallel with the West line of said Northeast One -Quarter (NE 1/4) of Section 26; thence North 00124'08" East along said parallel line, a distance of 20.00 feet to the POINT OF BEGINNING; thence continue North 00°24'08" East along said parallel line, a distance of 29.91 feet; thence North 00'l8'OT' East, a distance of 30.09 feet to a point on a line 30.00 feet Northerly of and parallel with said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the South line of said Section 23; thence South 89'49'04" East along said parallel line, a distance of 2,594.59 feet to a point on a line 40.00 feet West of and parallel with said Baseline of Survey of County Road 609/619 (82nd Avenue SW/Ranch Road); thence North 00'14' 35" East along said parallel line, a distance of 310.39 feet to a point on the new Limited Access Right of Way line of State Road 9 (1-95); thence South 85'43'12" East along said New Limited Access Right of Way line of State Road 9 (1-95), a distance of 80.20 feet to a point on a line 40.00 feet East of and parallel with said Baseline of Survey of County Road 609/619 (82nd Avenue SW/Ranch Road); thence South 00'14'35" West along said parallel line, a distance of 304.78 feet to a point on a line 30.00 feet Northerly of and parallel with said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the South line of said Section 24; thence South 89139'17" East along said parallel line, a distance of 1,568.53 feet; thence South 00°20'43" West along a line at a right angle to the previously described course, a distance of 30.00 feet to a point on said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the South line of said Section 24; thence North 89'39'1T' West along said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the South line of said Section 24, a distance of 1,608.48 feet to the Northeast (NE) corner of said Section 26; thence North 89'49'04" West along said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the North line of said Section 26, a distance of 30.00 feet to a point on a line 30.00 feet West of and parallel with the East line of said Section 26; thence South 00'21'58" West along said parallel line, a distance of 30.00 feet to a point on a line 30.00 feet South of and parallel with said Baseline of Survey of County Road 606 (Oslo Road/9th Street SW) and the North line of said Section 26; thence North 89'49'04" West along said parallel line, a distance of 2,604.64 feet to the POINT OF BEGINNING. Containing 5.281 acres, more or less. All together containing 6.652 acres, more or less. Page 4 of 163 576-M112 FDOT RIGHT Of WAV OW -01122 Florida Department of Transportation RON DESAINIIS Ofticc of Right of Wd} JARED W. PERDUE, P.E. COVERVOR 341x) West C umirwroal 13.fulc%Aid SECRETARY fort t judrrtiak. F1 33 N-34`1 Donation of Property to the Florida Department of Transportation Indian River County Attn: Richard B. Szpyrka, P.E. ITEtvtlSEGMENT NO_: 4130482 Public Works Drector MANAGING DISTRICT: 4 1801 271` Street __ Vero Beach, FL 32960 F.A.P. NO. D417 C92 B STATE ROAD NO. CR 6061 Osco Road COUNTY: Indian River PARCEL NO.: 116 INTEREST CONVEYED: Fee Simple This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation. The undersigned hereby acknowledges that helshe has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below Owner's Signature Type or Print Property Owner's Name 1801 271i"Street Street Address Vero Beach, FL 32960 City, State, Zip Code Date APPMOVED AST 0 F05?M SND L St int B _ byiLk.A%I1: ,-,inkt:;AhL t7EPU T Y COU TY At ORNEY 164 03-BSD.03-07/18 This instrument prepared under the direction of: Elizabeth S. Quintana, Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide. P.S.M. (03-15-2022) Parcel No. Document prepared by: Item/Segment No. Diana Helmer (09-20-2022) Section: Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. 3400 W. Commerroial Boulevard County: Fort Lauderdale, Florida 33309 116.3R(09-20-2022) 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River THIS DEED, Made this day of, 20 , by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is: 180127th Street, Vero Beach, Florida 32960, Grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations). WITNESSETH: That the Grantor, for and inconsideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Indian River County, Florida, viz: Parcel No. 116 F.P. No. 4130482 A portion of the Northwest One -Quarter (N.W.1/4) of Section 25, Township 33 South, Range 38 East and the Northeast One -Quarter (N.E. 1/4) of Section 26, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 4, 5 and 7 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at a 100D nail (No ID), found marking the Northwest Corner of said Section 25, also being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence South 89°39'17" East along said Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW), a distance of 30.00 feet, being a point on a line 30.00 feet East of and parallel to the West line of said Northwest One -Quarter (N.W. 1/4) of Section 25; thence South 00°21'58" West along said parallel line, a distance of 30.00 feet to the POINT OF BEGINNING; thence continue South 00°21'58" West along said parallel line, a distance of 2,262.99 feet to a point on the Easterly Existing Limited Access Right of Way line of State Road 9 (I-95); thence North 25'10'44" West along said Easterly Existing Limited Access Right of Way line of State Road 9 (I-95), a distance of 139.14 feet to a point on a line 30.00 feet West of and parallel to the East line of the Northeast One -Quarter (N.E. 1/4) of said Section 26; thence North 00°21'58" East along said parallel line, a distance of 2,11735 feet to the intersection with the Southerly Existing Right of Way line of said County Road 606 (Oslo Road / 9th Street SW) and said parallel line; thence North 71'50'20" East, a distance of 63.28 feet to the POINT OF BEGINNING. Containing 3.017 acres, more or less. Page 1 of 2 i M. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. ATTEST: Print Name: Clerk (or Deputy Clerk) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: V"- j04 County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida By Its Board of County Commissioners By: Print Name: Its Chairman The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by , Chairman, on behalf of INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, who is personally known to me or who has produced _ as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 2 of 2 W G 03-BSD.04-07/18 This instrument prepared under the direction of: Elizabeth S. Quintana, Esq. C2fQ-- District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide P.S.M. (03-15-2022), Parcel No. Document prepared by: Item/Segment No. biana Helmer 09-20-2022) Section: Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. 3400 W. Commercial Boulevard County - Fort Lauderdale, Florida 33309 RESOLUTION 116.4R(09-20-2022) 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 606 (Oslo Road/91 Street SW), Item/Segment No. 4130482, Section 88601-2500, in Indian River County, Florida: and WHEREAS, it is necessary that certain lands now owned by Indian River County, Florida C'County'), Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said property is not needed for County purposes: and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest that said County has in and to said lands required for transportation purposes, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the application of the State of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which are in the public or community interest and for public welfare and the land needed for transportation purposes is not needed for county purposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of Indian River County, Florida, in and to said lands should be drawn and executed by this Board of County Commissioners. Consideration shall be $1.00 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33309. • l� • h11�7:r�f �•�hti Pagel of 3 167 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 Joe Earman Commissioner Susan Adams Commissioner Joseph Flescher Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this _th day of , 2022. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By Deputy Clerk Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: William K. D&raal Deputy County Attorney QJ Page 2 of 3 Peter D. O'Bryan, Chairman ]E G IBIT "A" LEGAL DESCRIPTION Parcel No. 116 F.P. No. 4130482 A portion of the Northwest One -Quarter (N.W. 1/4) of Section 25, Township 33 South, Range 38 East and the Northeast One -Quarter (N.E. 1/4) of Section 26, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 4, 5 and 7 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at a 100D nail (No ID), found marking the Northwest Comer of said Section 25, also being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence South 89°39'17" East along said Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW), a distance of 30.00 feet, being a point on a line 30.00 feet East of and parallel to the West line of said Northwest One -Quarter (N.W. 1/4) of Section 25; thence South 00°21'58" West along said parallel line, a distance of 30.00 feet to the POMT OF BEGINNING; thence continue South 00°21'58" West along said parallel line, a distance of 2,262.99 feet to a point on the Easterly Existing Limited Access Right of Way line of State Road 9 (1-95); thence North 25°10'44" West along said Easterly Existing Limited Access Right of Way line of State Road 9 (1-95), a distance of 139.14 feet to a point on a line 30.00 feet West of and parallel to the East line of the Northeast One -Quarter (N.E. 1/4) of said Section 26; thence North 00°21'58" East along said parallel line, a distance of 2,117.35 feet to the intersection with the Southerly Existing Right of Way line of said County Road 606 (Oslo Road / 9th Street SW) and said parallel line; thence North 71°50'20" East, a distance of 63.28 feet to the POINT OF BEGINNING. Containing 3.017 acres, more or less. Page 3 of 3 169 V&030-12 RfGHT Qf WAY FDOTOGC- 04Y1: Florida Department of Transportation ROY DESA`jTIS (bice of Ttight o€ Way JARED Y% PERDUE, P £ GOVERNOR 1400 WstCo=ercialBmkvard SECRETARY Fort L.der"e FL 33300 34-13 Donation of Property to the Florida Department of Transportation Indian River County ITEM/SEGMENT NO.: 4130482 Attn: Richard B. Szpyrka. P.E —_ --- ______.__.__.__.._ Public Works Director MANAGING DISTRICT: 4 1801 27" Street _. Vero Beacn. FL 32960 F.A.P. NO.: D417 092 B STATE ROAD NO.: CR 6061 Oslo Road COUNTY: Indian River PARCEL NO. 802 INTEREST CONVEYED Per, etual Easement This is to advise tha, the undersigned, as owner of the propery or property interest referenced above and as shown or. Right of Way maps for referenced project, desires to make a voluntary donat on of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Trans porta tior. The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his!her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensaton for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise nosed below. Owner's Signature Type or Print Property Owners Name 1801 271 Street Street Address Vero Beach, FL 32960 City, State, Zip Code Date APPROVED AS i�'.) F011; s Anil " E AL F -o,,' 170 04-QCD.12-07/18 This instrument prepared under the direction of F,lizabeth S. Quintana. Esq. District Four Assistant Gene Counsel Legal Description prepared by: Luis A. Gaztambide. P.S.M. (07-18-202) Parcel No. Document prepared by: Item/Segment No. Diana Helmer 09-20-2022 Section: Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. 3400 W. Commercial Boulevard County: Fort Lauderdale, Florida 33309 COUNTY QUITCLAIM DEED 802.3R(09-20-2022) 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River THIS QUITCLAIM DEED, Made flus _ . day of , 20____, by INDIAN RIVER COUNTY, FLORIDA, a politicaI subdivision of the State of Florida, whose address is: 180127th Street, Vero Beach, Florida 32960, Grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Grantee: (wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of organizations.) WITNESSETH: That the said Grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, does hereby remise, release and quitclaim unto the said Grantee forever, all right, title, interest, claim and demand, which said Grantor may have in and to the hereinafter described parcel of land, together with all other right, title, interest, claim and demand, if any, which the said Grantor has in and to said parcel situate in Indian River County, Florida, viz: Parcel No. 802 F.P. No. 4130482 A portion of the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal, lying in the Southeast One -Quarter (SE 1/4) of Section 23, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No, 4130482, Section 88601-2500, being more particularly described as follows: Commence at the South One -Quarter (S 1/4) Corner of said Section 23, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence North 00°18'07" East along the West line of said Southeast One -Quarter (SE 1/4) of Section 23 and the Westerly Existing Canal Right of Way line of said Indian River Farms Water Control District Sub -Lateral D-3 Canal, a distance of 282.13 feet to the POINT OF BEGINNING, being a point on the New Limited Access Right of Way line of State Road 9 (1-95) and the beginning of a non -tangent curve concave Northwesterly, having a chord bearing of North 52050'05" East; thence Northeasterly along said curve and said New Limited Access Right of Way line of State Road 9 (I-95), having a radius of 211.33 feet, through a central angle of I0"15'41", an aro distance of 37.85 feet to the end of said curve and a point on the Easterly Existing Canal Right of Way line of said Indian River Farms Water Control District Sub -Lateral D-3 Canal; thence North 00°18'07" East Page 1 of 4 171 along said Easterly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral D-3 Canal, a distance of 67.49 feet; thence North 89°5I'44" West, a distance of 30.00 feet to a point on said Westerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral D-3 Canal and said West line of the Southeast One -Quarter (SE 114) of Section 23; thence South 00°18'07" West along said Westerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral D-3 Canal and said West line ofthe Southeast One -Quarter (SE 1/4) of Section 23, a distance of 90.40 feet to the POINT OF BEGINNING. Containing 2,390 square feet, more or less. A portion of the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal, lying in the Northeast One -Quarter (NE 1/4) of Section 26, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at the North One -Quarter (N 1/4) Comer of said Section 26, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW) and the Baseline of Survey of 86th Avenue SW; thence South 00°24'08" West along the West line of said Northeast One -Quarter (NE 114) of Section 26 and said Baseline of Survey of 86th Avenue SW, a distance of 50.00 feet to a point on the New Limited Access Right of Way line of State Road 9 (I-95) and point on the Southerly Existing Right of Way line of said County Road 606 (Oslo Road / 9th Street SW) and the POINT OF BEGINNING; thence continue South 00°24'08" West along said West ae of the Northeast One-Quartcr (NE 1/4) of Section 26, said Baseline of Survey of 86th Avenue SW and the Westerly Existing Canal Right of Way line of said Indian River Farms Water Control District Sub -Lateral D-3 Canal, a distance of 58.80 feet; thence North 89°54'29" East, a distance of 30.00 feet to a point on the Easterly Existing Canal Right of Way line of said Indian River Farms Water Control District Sub -Lateral D-3 CanaI; thence North 00°24'08" East along said Easterly Existing Canal Right of Way line of Indian River Farms Water Control District Sub - Lateral D-3 Canal, a distance of 58.66 feet to a point on said New Limited Access Right of Way line of State Road 9 (1-95) and said Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence continue along said New Limited Access Right of Way line of State Road 9 (I-95) and said Southerly Existing Right of Way line of said County Road 606 (Oslo Road / 9th Street SW) for the next two (2) courses: (1) North 89°49'04" West, a distance of 29.79 feet; thence (2) North 89°52'13" West, a distance of 0.21 feet to the POINT OF BEGINNING, Containing 1,762 square feet, more or less, All together containing 4,152 square fect, more or less. All rights of access, ingress, egress, light, air, and view lying on the Easterly line of the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal, lying in the Northeast One -Quarter (NE 1/4) of Section 26, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment Nkro. 4130482, Section 88601-2500 and any facility constructed on the following described line: Page 2 of 4 172 Commence at the North One -Quarter (N 1/4) Corner of said Section 26, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence South 00°24'08" West along the West line of the Northeast One -Quarter (NE 1/4) of Section 26, a distance of 50.00 feet to a point on the New Limited Access Right of Way line of State Road 9 (I-95); thence along said New Limited Access Right of Way line of State Road 9 (1-95) for the next two (2) courses: (1) South 89°52'13" East, a distance of 0.21 feet; thence (2) South 89°49'04" West, a distance of 29.79 fect to a point on the Easterly line of said Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal and the Beginning of the New Limited Access Right of Way line of said State Road 9 (I-95); thence South 00°24'08" West along said Easterly line of the Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D- 3 Canal and said New Limited Access Right of Way line of said State Road 9 (1-95), a distance of 7,29 feet to the End of said New Limited Access Right of Way line of State Road 9 (1-95). TO HAVE AND TO HOLD the same together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the said Grantee forever. 173 IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. ATTEST: Print Name: Clerk (or Deputy Clerk) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Awk-n County Attorney STATE OF FLORIDA COUNTY OF INDLAN RIVER INDIAN RIVER COUNTY, FLORIDA, a political subdiAsion of the State of Florida By Its Board of County Commissioners LIM Print Name: Its Chairman The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 2( , by , Chairman, on behalf of INDIAN RIVER COUNTY, FLORIDA, a political subdiAsion of the State of Florida, who is personally known to me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 4 of 4 174 04-QCD.13-07/18 This instrument prepared under the direction of: Elizabeth S. Quintana, Bgq. District Four Assistant GeneraCounsel icgal Description prepared by: Luis A. Gaztambide, P.S,MJ07- -20221 Parcel No. Document prepared by: Item/Segment No, Diana Helmcr (09-20-2022).' Section: Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. 3400 W. Commercial Boulevard County: Fort Lauderdale, Florida 33309 RESOLUTION 802.4R(09-20-2022) 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 606 (Oslo Road/9's Street SW), Item/Segment No. 4130482, Section 88601-2500, in Indian River County, Florida: and WHEREAS, it is necessary that certain lands now owned by Indian River County, Florida ("County"), Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said property is not needed for County purposes (said property more particularly described in the legal description attached hereto as Exhibit "A'): and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest that said County has in and to said lands required for transportation purposes, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the application of the State of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which are in the public or community interest and for public welfare and the land needed for transportation purposes is not needed for county purposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of Indian River County, Florida, in and to said lands should be drawn and executed by this Board of County Commissioners. Consideration shall be $1.00. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF INDIAN RIVER Page T of 4 175 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 Joe Earman Commissioner Susan Adams Commissioner Joseph Flescher Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this th day of , 2022. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: fVy- �+-2-- -i - r� - v William DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Page 2 of 4 Peter D. O'Bryan, Chairman W-1 EXHIBIT "A" LEGAL DESCRIPTION Parcel No. 802 F.P. Noa 4130482 A portion of the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal, lying in the Southeast One -Quarter (SE 1/4) of Section 23, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segrnent No. 4130482, Section 88601-2500, being more particularly described as follows; Commence at the South One -Quarter (S 1/4) Corner of said Section 23, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence North 00°18'OT' East along the West line of said Southeast One -Quarter (SE 1/4) of Section 23 and the Westerly Existing Canal Right of Way line of said Indian River Farms Water Control District Sub -Lateral D-3 Canal, a distance of 282.13 feet to the POINT OF BEGINNING, being a point on the New Limited Access Right of Way line of State Road 9 (I-95) and the beginning of a non -tangent curve concave Northwesterly, having a chord bearing of North 52°50'05" East; thence Northeasterly along said curve and said New Limited Access Right of Way line of State Road 9 (I-95), having a radius of 211.33 feet, through a central angle of 10°15'41", an are distance of 37.85 feet to the end of said curve and a point on the Easterly Existing Canal Right of Way line of said Indian River Farms Water Control District Sub -Latera[ D-3 Canal; thence North 00018'07" East along said Easterly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral D-3 Canal, a distance of 67.49 feet; thence North 89°51'44" West, a distance of 30.00 feet to a point on said Westerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral D-3 Canal and said West line of the Southeast One -Quarter (SE 1/4) of Section 23; thence South 00°18'07" West along said Westerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral D-3 Canal and said West line of the Southeast One -Quarter (SE 1/4) of Section 23, a distance of 90.40 feet to the POINT OF BEGINNING. Containing 2,390 square feet, more or less. Al`s A portion of the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal, lying in the Northeast One -Quarter (NE 1/4) of Section 26, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at the North One -Quarter (N 1/4) Comer of said Section 26, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 91h Street SW) and the Baseline of Survey of 86th Avenue SW; thence South 00°24'08" West along the West line of said Northeast One -Quarter (NE 1/4) of Section 26 and said Baseline of Survey of 86th Avenue SW, a distance of 50.00 feet to a point on the New Limited Access Right of Way line of State Road 9 (1-95) and point on the Southerly Existing Right of Way line of said County Road 606 (Oslo Road / 9th Street SW) and the POINT OF BEGINNING; thence continue South 00124'08" West along said West line of the Northeast One -Quarter (NE 1/4) of Section 26, said Baseline of Survey of 86th Avenue SW and the Westerly Existing Canal Right of Way line of said Indian River Farms Water Control District Sub -Lateral D-3 Canal, a distance of 58.80 feet; thence Page 3 of 4 177 North 89°54'29" East, a distance of 30.00 feet to a point on the Easterly Existing Canal Right of Way line of said Indian River Farms Water Control District Sub -Lateral D-3 Canal; thence North 00°24'08" East along said Easterly Existing Canal Right of Way line of Indian River Farms Water Control District Sub - Lateral D-3 Canal, a distance of 58.66 feet to a point on said New Limited Access Right of Way line of State Road 9 (1-95) and said Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence continue along said New Limited Access Right of Way line of State Road 9 (1-95) and said Southerly Existing Right of Way line of said County Road 606 (Oslo Road / 9th Street SW) for the next two (2) courses: (1) North 89°49'04" West, a distance of 29.79 feet; thence (2) North 89°52'13" West, a distance of 0.21 feet to the POINT OF BEGINNING. Containing 1,762 square feet, more or less. All together containing 4,152 square feet, more or less. All rights of access, ingress, egress, light, air, and view lying on the Easterly line of the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal, lying in the Northeast One -Quarter (NE 1/4) of Section 26, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500 and any facility constructed on the following described line: Commence at the North One -Quarter (N 1/4) Corner of said Section 26, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence South 00°24'08" West along the West line of the Northeast One -Quarter (NE 1/4) of Section 26, a distance of 50.00 feet to a point on the New Limited Access Right of Way line of State Road 9 (1-95); thence along said New Limited Access Right of Way line of State Road 9 (I-95) for the next two (2) courses; (1) South 89'52'13" East, a distance of 0.21 feet; thence (2) South 89149'04" West, a distance of 29.79 feet to a point on the Easterly line of said Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal and the Beginning of the New Limited Access Right of Way line of said State Road 9 (I-95); thence South 00024'08" West along said Easterly line of the Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D- 3 Canal and said New Limited Access Right of Way line of said State Road 9 (1-95), a distance of 7.29 feet to the End of said New Limited Access Right of Way line of State Road 9 (I-95). Page 4 of 4 178 $7}030-f2 FDOT R1GHr WAY OGC - 04!22 Florida Department of7ransportation RONDFSANTIS Ofcc,,fRightofWay JARED W. PERDUE, P.E. GOVERNOR 3400 Nest Cormwrcial Boulevard SECRETARY Fort lauderxi.'tl¢, Ft. 33309-3421 Donation of Property to the Florida Department of Transportation Indian River County Attn: Richard B. Szpyrka, P.E Public Works Director 1801 27111 Street Vero Beach. FL 32960 ITENVSEGNIENT NO.: MANAGING DISTRICT: F.A.P. NO STATE ROAD NO: COUNTY: PARCEL NO.: INTEREST CONVEYED: 4130482 4 D417 092 B CR 606 / Oslo Road Indian River 809 Perpetual Easement This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation. The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred. if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below Owner's Signature Type or Print Property Owner's Name 1801 2711 Street Street Address Vero Beach, FL 32960 City, State, Zip Code Date APPROVED AST AN Z_jAM; MDFWAAL DEPUTY COUNTY Ari :)Rt4=_Y 179 04-QCD.12-07/18 This instrument prepared under the direction of Elizabeth S. Ouimana Em. 4= District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide. P.S.M. (03-15-2022) Parcel No. Document prepared by: Item/Segment No. Diana Helmer (09-20-2021 Section: Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. 3400 W. Commercial Boulevard County: Fort Lauderdale, Florida 33309 COUNTY QUITCLAIM DEED 809.3R(09-20-2022) 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River THIS QUITCLAIM DEED, Made this day of , 20 , by INDIAN RIVER COUNTY, FLORIDA, a political. subdivision of the State of Florida, whose address is: 1801 27th Street, Vero Beach, Florida 32960, Grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Grantee: (wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of organizations.) WITNESSETH: That the said Grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, does hereby remise, release and quitclaim unto the said Grantee forever, all right, title, interest, claim and demand, which said Grantor may have in and to the hereinafter described parcel of land, together with all other right, title, interest, claim and demand, if any, which the said Grantor has in and to said parcel situate in Indian River County, Florida, viz: Parcel No. 809 F.P. No. 4130482 A portion of the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral C-4 Canal, lying in the Northwest One -Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheet 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at a 100D nail (No ID), found marking the Northwest Corner of said Section 25, being a point on the Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence South 89°39'17" East along said Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 1,765.91 feet to the POINT OF BEGINNING; thence continue South 89'39'17" East along said Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 50.00 feet; thence South 00°20'43" West, a distance of 30.00 feet to a point on the Southerly Existing Canal Right of Way line of said Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence North 89°39' 17" West along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C4 Canal, a distance of 50.00 feet; thence North 00120'43" East, a distance of 30.00 feet to the POINT OF BEGINNING. Containing 1,500 square feet, more or less. Page 1 of 2 TO HAVE A'D'D TO HOLD the same together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the said Grantee forever. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. ATTEST: Print Name: _ Clerk (or Deputy Clerk) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: _ County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida By Its Board of County Commissioners Print Name: Its Chairman The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by Chairman, on behalf of Il1'DIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, who is personally known to me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 2 of 2 181 04-QCD.13-07!18 This instrument prepared under the direction of: Elizabeth S. Quintana, &q. District Four Assistant Genera Counsel Legal Description prepared by: Luis A. Gaztambide, P.S.M. (03-15-2022) Parcel No. Document prepared by: Item/Segment No. Diana Helmer (09-20-2022) Section: Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. 3400 W. Commercial Boulevard County: Fort Lauderdale, Florida 33309 RESOLUTION 809.4R(09-20-2022) 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 606 (Oslo Road/91 Street SW), Item/Segment No. 4130482, Section 88601-2500, in Indian River County, Florida: and WHEREAS, it is necessary that certain lands now owned by Indian River County, Florida ("County"), Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said property is not needed for County purposes (said property more particularly described in the legal description attached hereto as Exhibit "A!): and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a decd, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest that said County has in and to said lands required for transportation purposes, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the application of the State of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which are in the public or community interest and for public welfare and the land needed for transportation purposes is not needed for county purposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of Indian River County, Florida, in and to said lands should be drawn and executed by this Board of County Commissioners. Consideration shall be $1.00. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF INDIAN RIVER Page 1 of 3 im 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'Brian Vice Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph Flescher Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this th day of , 2022. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By Deputy Clerk Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: AIA -j -"V William K. raal Deputy County Attorney LM Pa. -e 2 of 3 Peter D. O'Brian, Chairman 183 EXHIBIT "A" LEGAL DESCRIPTION Parcel No. 809 F.P_ No. 4130482 A portion of the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral C-4 Canal, lying in the Northwest One -Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheet 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at a 100D nail (No ID), found marldng the Northwest Corner of said Section 25, being a point on the Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence South 89'39'I7" East along said Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 1,765.91 feet to the POINT OF BEGINNING; thence continue South 89'39'17" East along said Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 50.00 feet; thence South 00°20'43" West, a distance of 30.00 feet to a point on the Southerly Existing Canal Right of Way line of said Indian River Farms Water Control District Sub-LateraI CA Canal; thence North 8903911711 West along said Southerly Existing Canal Right of Way line of Indian River Farts Water Control District Sub -Lateral C-4 Canal, a distance of 50.00 feet; thence North 00°20'43" East, a distance of 30.00 feet to the POINT OF BEGINNING. Containing 1,500 square feet, more or less. Page 3 of 3 184 575-036-12 RIGHT OF WAY FDOT occ - 64122 Florida Department of Transportation ROY DESAN'fIS Office of Right of Way JARED W. PERDUE, P.E, GOVERNOR 3AN) West Commercial B u!ewa_d SECRETARY Port U, udsrdate. FT. 333Tt-;421 Donation of Property to the Florida Department of Transportation Indian River County Attn: Richard B. Szpyrka, P.E Public Works Director 1801 27t11 Street Vero Beach. FL 3296>0 ITEfv1/SEGMENT NO.: MANAGING DISTRICT: F.A.P. NO : STATE ROAD NO.: COUNTY: PARCEL NO.: INTEREST CONVEYED 4130482 4 D417 092 B CR 6061 Oslo Road Indian River 813 Perpetual Easement This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced protect, desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit o` the Florida Department of Transportation. The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisa! inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights. I hereby waive those rights unless otherwise noted below APPR VEA AS TO f j'1�.z j Ahe E L S FIC SY WILLIAM X. OEE SAA L DEPUTY COUNTY Af70RNEY Owner's Signature Type or Print Property Owner's Name 1801 271 Street Street Address Vero Beach, FL 32960 City, State, Zip Code Date _ 185 s' 04-QCD.12-07118 This instrument prepared under the direction of: Elizabeth S. Ouintana lq. cm District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide. P.S.M. (07-18-2022) Parcel No. Document prepared by: Item/Segment No. Diana Helmer (09-20-2022), Section, Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. 3400 W. Commercial Boulevard County: Fort Lauderdale, Florida 33309 COUNTY QUITCLAIM DEED 813.3R(09-20-2022) 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River THIS QUITCLAIM DEED, Made this day of , 20_-, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is: 180127th Street, Vero Beach, Florida 32960, Grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Grantee: (wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of organizations.) WITNESSETH: That the said Grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, does hereby remise, release and quitclaim unto the said Grantee forever, all right, title, interest, claim and demand, which said Grantor may have in and to the hereinafter described parcel of land, together with all other right, title, interest, claim and demand, if any, which the said Grantor has in and to said parcel situate in Indian River County, Florida, viz: Parcel No. 813 F.P. No_ 4130482 A portion of the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal, lying in the Southeast One -Quarter (SE 1/4) of Section 23 and in the Northeast One -Quarter (NE 1/4) of Section 26, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: BEGIN at the South One -Quarter (S 1/4) Corner of said Section 23, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence North 00°18'OT' East along the West line of said Southeast One -Quarter (SE 1/4) of Section 23, a distance of 282.13 feet to a point on the new Limited Access Right of Way line of State Road 9 (I-95) and the beginning of a non -tangent curve concave Northwesterly, having a chord bearing of North 52050'05" East; thence Northeasterly along said curve and said new Limited Access Right of Way line of State Road 9 (I-95), having a radius of 211.33 feet, through a central angle of 1011541", an are distance of 37.85 feet to the end of said curve, being a point on the Easterly Existing Canal Right of Way line of said Indian River Farms Water Control District Sub -Lateral D-3 Canal; thence South 00°18'07" West along said Easterly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral D-3 Canal, a distance of 305.15 feet; thence South 00°24'08" West, a distance of 49.91 feet to a point on the new Limited Access Right of Way line of State Road 9 (1-95); thence along said new Limited Access Right of Way line of State Road 9 (I-95) for the Page 1 of 4 next two (2) courses: (1) North 89°49'04" West, a distance of 29.79 feet; thence (2) North 89°52'13" West,_ a distance of 0.21 feet to a point on the West line of said Northeast One -Quarter (NE 1/4) of Section 26; thence North 00°24'08" East along said West line of the Northeast One -Quarter (NE 1/4) of Section 26, a distance of 50.00 feet to the POINT OF BEGINNING. Containing 10,286 square feet, more or less. All rights of access, ingress, egress, light, air, and view between the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal, lying in the Southeast One -Quarter (SE 1/4) of Section 23, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Rigbt of Way Map for Item/Segment No. 4130482, Section 88601-2500 and any facility constructed on the following described line: Commence at the South One -Quarter (S 1/4) Corner of said Section 23, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street 5W); thence North 00118'07" East along the West line of said Southeast One -Quarter (SE 1/4) of Section 23, a distance of 282.13 feet to the Beginning of the New Limited Access Right of Way line of State Road 9 (I-95) and the beginning of a non -tangent curve concave Northwesterly, having a chord bearing of North 52150'05" East; thence Northeasterly along said curve and said new Limited Access Right of Way line of State Road 9 (I-95), having a radius of 211.33 feet, through a central angle of 10°15'41", an arc distance of 37.85 feet to the End of said New Limited Access Right of Way line of State Road 9 (1 -95) - FEMME All rights of access, ingress, egress, light, air, and view between the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal, lying in the Northeast One -Quarter (NE 1/4) of Section 26, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500 and any facility constructed on the following described line: Commence at the North One -Quarter (N 1/4) Comer of said Section 26, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence South 00024'08" West along the West line of the Northeast One -Quarter (NE 114) of Section 26, a distance of 50.00 feet to the Beginning of the New Limited Access Right of Way line of State Road 9 (I-95); thence along said New Limited Access Right of Way line of State Road 9 (1-95) for the next two (2) courses: (1) South 89'52'13" East, a distance of 0.21 feet; thence (2) South 89°49'04" West, a distance of 29.79 feet to the End of said New Limited Access Right of Way line of State Road 9 (I-95). ImoD A portion of the 30.00 feet platted Road Right of Way and Canal Right of Way, PLAT OF II*IDIAN RIVER FARMS CO., according to the plat thereof as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie (now Indian River) County, Florida, lying 30.00 feet West, East and a parallel with the West line of Section 25, together with a portion of the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral C-4 Canal, lying 30.00 feet Southerly and parallel with the Baseline of Survey of County Road 606 (Oslo Road/9th Street SW), lying in the Northwest One -Quarter (NW 114) of Section 25, Township 33 South, Range 38 East, as shown on Sheets 4 and 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Page 2 of 4 187 BEGIN at a 1001) nail (No ID), found marking the Northwest Corner of said Section 25, being a point on the Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence South 89°39'17" East along said Baseline of Survey and said Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SSV), a distance of 1,765.91 feet; thence South 00°20'43" West, a distance of 30.00 feet to a point on the Southerly Existing Canal Right of Way line of said Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence North 89°39' 17" West along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C4 Canal, a distance of 1,735.92 feet to the intersection with the Easterly line of said 30.00 feet Canal Right of Way line; thence South 71'50'20" West, a distance of 63.28 feet to a point on a line 30.00 West and parallel with the East line of said Section 26; thence North 00°21'58" East along said parallel line, a distance of 50.00 feet to a point on said Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW) and the North line of said Section 26; thence South 89°49'04" East along said Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW) and said North line of Section 26, a distance of 30.00 feet to the POINT OF BEGINNING. Containing 1.251 acres, more or less. All together containing 1.487 acres, more or less. TO HAVE AND TO HOLD the same together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the said Grantee forever. (INTENTIONALLY LEFT BLANK] im IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. ATTEST: Print Name: Clerk (or Deputy Clerk) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: &,4( County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida By Its Board of County Commissioners Print Name: Its Chairman The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 by Chairman, on behalf of INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, who is personally known to me or who has produced as identification. (SEAL:) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 4 of 4 04-QCD.13-07118 This instrument prepared under the direction of. Elizabeth S. tauintana. EM. C� District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide. P.S.M. (07-18-2022) Parcel No. Document prepared by: IteznlSegment No. Diana Helmer 09-20-20221 Section: Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. 3400 W. Commercial Boulevard County. Fort Lauderdale, Florida 33309 RESOLUTION 813.4R(09-20-2022) 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 606 (Oslo Road/9"' Street SW), Item/Segment No. 4130482, Section 88601-2500, in Indian River County, Florida. and WHEREAS, it is necessary that certain lands now owned by Indian River County, Florida ("County"), Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said property is not needed for County purposes (said property more particularly described in the legal description attached hereto as Exhibit "A7): and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest that said County has in and to said lands required for transportation purposes, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the application of the State of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which are in the public or community interest and for public welfare and the land needed for transportation purposes is not needed for county purposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of Indian River County, Florida, in and to said lands should be drawn and executed by this Board of County Commissioners. Consideration shall be $1.00. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF INDIAN RIVER Pagel of 4 190 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 Joe Earman Commissioner Susan Adams Commissioner Joseph Flescher Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this _th day of 72022. Attest: Jeffrey R. Smith, Clerk of IRIDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By Deputy Clerk Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: i liam K. DeBraal Deputy County Attorney Page 2 of 4 Peter D. O'Bryan, Chairman 191 EXFIIBIT "A" LEGAL DESCRIPTION Parcel No. 813 F.P. No. 4130482 A portion of the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal, lying in the Southeast One -Quarter (SE 1/4) of Section 23 and in the Northeast One -Quarter (NE 1/4) of Section 26, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: BEGIN at the South One -Quarter (S 1/4) Corner of said Section 23, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence North 00'18'07" East along the West line of said Southeast One -Quarter (SE 1/4) of Section 23, a distance of 282.13 feet to a point on the new Limited Access Right of Way line of State Road 9 (I-95) and the beginning of a non -tangent curve concave Northwesterly, having a chord bearing of North 52050'05" East; thence Northeasterly along said curve and said new Limited Access Right of Way line of State Road 9 (I-95), having a radius of 211.33 feet, through a central angle of 1095'41", an arc distance of 37.85 feet to the end of said curve, being a point on the Easterly Existing Canal Right of Way line of said Indian River Farms Water Control District Sub -Lateral D-3 Canal; thence South 00118'OT' West along said Easterly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral D-3 Canal, a distance of 305.15 feet; thence South 00°24'08" West, a distance of 49.91 feet to a point on the new Limited Access Right of Way line of State Road 9 (I-95); thence along said new Limited Access Right of Way line of State Road 9 (I-95) for the next two (2) courses: (1) North 89149'04" West, a distance of 29.79 feet; thence (2) North 89°52'13" West, a distance of 0.21 feet to a point on the West line of said Northeast One -Quarter (NE 1/4) of Section 26; thence North 00°24'08" East along said West line of the Northeast One -Quarter (NE 1/4) of Section 26, a distance of 50.00 feet to the POINT OF BEGINNING. Containing 10,286 square feet, more or less. All rights of access, ingress, egress, light, air, and view between the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal, lying in the Southeast One -Quarter (SE 1/4) of Section 23, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500 and any facility constructed on the following described line: Commence at the South One -Quarter (S 1/4) Corner of said Section 23, being a point on the Baseline of Survey of County Road 606 (Oslo Road 19th Street SW); thence North 00118'07" East along the West line of said Southeast One -Quarter (SE 1/4) of Section 23, a distance of 282.13 feet to the Beginning ofthe New Limited Access Right of Way line of State Road 9 (I-95) and the beginning of a non -tangent curve concave Northwesterly, having a chord bearing of North 52050'05" East; thence Northeasterly along said curve and said new Limited Access Right of Way line of State Road 9 (I-95), having a radius of 211.33 feet, through a central angle of 10015'41", an arc distance of 37.85 feet to the End of said New Limited Access Right of Way Iine of State Road 9 (1-95). D Page 3 of 4 192 All rights of access, ingress, egress, light, air, and view between the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral D-3 Canal, lying in the Northeast One -Quarter (NE 1/4) of Section 26, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 3 and 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500 and any facility constructed on the following described line: Commence at the North One -Quarter (N 1/4) Comer of said Section 26, being a point on the Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW); thence South 00°24'08" West along the West line of the Northeast One -Quarter (NE 1/4) of Section 26, a distance of 50.00 feet to the Beginning of the New Limited Access Right of Way line of State Road 9 (1-95); thence along said New Limited Access Right of Way line of State Road 9 (1-95) for the next two (2) courses: (1) South 89°52'13" East, a distance of 0.21 feet; thence (2) South 89049'04" West, a distance of 29.79 feet to the End of said New Limited Access Right of Way line of State Road 9 (1-95). A portion of the 30.00 feet platted Road Right of Way and Canal Right of Way, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie (now Indian River) County, Florida, lying 30.00 feet West, East and a parallel with the West line of Section 25, together with a portion of the 30.00 feet Canal Right of Way of Indian River Farms Water Control District Sub -Lateral C-4 Cana% lying 30.00 feet Southerly and parallel with the Baseline of Survey of County Road 606 (Oslo Road/9th Street SW), lying in the Northwest One -Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, as shown on Sheets 4 and 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: BEGIN at a I OOD nail (No ID), found marking the Northwest Comer of said Section 25, being a point on the Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence South 89°39'17" East along said Baseline of Survey and said Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 1,765.91 feet; thence South 00120'43" West, a distance of 30.00 feet to a point on the Southerly Existing Canal Right of Way line of said Indian River Farms Neater Control District Sub -Lateral C-4 Canal; thence North 89°39' 17" West along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C4 Canal, a distance of 1,735.92 feet to the intersection with the Easterly line of said 30.00 feet Canal Right of Way line; thence South 71 °50'20" West, a distance of 63.28 feet to a point on a line 30.00 West and parallel with the East line of said Section 26; thence North 00°21'58" East along said parallel line, a distance of 50.00 feet to a point on said Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW) and the North line of said Section 26; thence South 89°49'04" East along said Baseline of Survey of County Road 606 (Oslo Road / 9th Street SW) and said North line of Section 26, a distance of 30.00 feet to the POINT OF BEGINNING. Containing 1.251 acres, more or less. All together containing 1.487 acres, more or less. Page 4 of 4 193 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 12) .0 . AcV ('-h.o A County Attorney's Matters - B. C. C. 10. 4.22 Ofc of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 30, 2022 SUBJECT: Town of Indian River Shores v. City of Vero Beach Federal Litigation Update • The County Attorney would like to provide an update to the Indian River County Board of County Commissioners on recent events in the Town of Indian River Shores v. City of Vero Beach federal litigation. • C-lUserslicournoyrriAppDatolLocallM+cmmfrlWndow V,VetCachelContent.OuilooklMGCV70ZP1Update an Town offndian River Shm— City ofV o Beach federal litigalion.doce 1qA i INSERT DATE ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 21, 2022 SUBJECT: Off Leash Dog Park FROM: Peter D. O'Bryan, Chairman Commissioner, District 4 Discussion Item: I respectfully request discussion by the Board on the idea of converting either Sea Turtle Trail or Seagrape Trail beach parks to be an off -leash dog park. 194 41 October 4, 2022 ITEM 14.13. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 26, 2022 SUBJECT: Discussion on Changes to Beach Renourishment Project Easement FROM: Joseph H. Earman Commissioner, District 3 Background Sector 7 beach renourishment continues to be a significant issue. At the March 8th BOCC meeting, the Board — citing the lack of sufficient signed easements (90% threshold) needed to move forward — elected to postpone the Sector 7 project until at least November, 2023, while staff applied for extensions to FEMA and FDEP funding. At the August 16'x' BOCC meeting, the Board agreed that I should begin to meet with individual Sector 7 homeowners (or groups of them) to gather information on how the county might best protect and enhance their eroded beaches. Discussion Based on the advice of Sector 7 community leaders, I believe there is a reasonable way forward to the current stalemate by making slight modifications to the existing easement. Specifically, I'm proposing the following two changes: 1. Removing the term "perpetual" from the easement addresses a concern mentioned by many of the holdout property owners. The length of the agreement would be implicitly perpetual, rather than explicitly. 2. Removing any specific references to swimming and sunbathing does not change the understood recreational uses associated with the beaches in Sector 7, despite the fact there is no convenient public access point within. Regardless of wording, it remains the county's stated goal to avoid barriers to public access being installed on the beaches. Analysis Based on the advice of Sector 7 community leaders, there is reason to believe that the 90% threshold will be met if the proposed changes to the easement are approved by the BCC. 195 Funding There is no funding associated with this proposal, Proposed Course of Action Allow Commissioner Earman to circulate the changed easement to Sector 7 beachfront residents to verify it is an acceptable compromise. If so, proceed with staff formally securing and recording signed easements. Attachment Easement document with red -lined changes 196 Maul Beach Management and Assessment Easement Grantor: Beachfront Property Owner Property Address Vero Beach, FL 32963 Grantee: Indian River County, Florida, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida 32960 Date: , 2022 In consideration of the sum of one dollar ($1.00) and other valuable considerations, receipt of which is acknowledged, Grantor grants to Grantee, its agents, successors and assigns, an assignable perpetttal easement and right-of-way in, on, over and across the land described in Schedule "A" for use by the Board of County Commissioners of Indian River County, Florida ("County"), its representatives, agents, contractors, and assigns, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach and dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, including the right to deposit sand; to accomplish any alterations of contours on said land; to construct berms' and dunes; to nourish and renourish periodically; to move; temporarily store and remove equipment and supplies; to erect and remove temporary structures (as used herein, the words "Temporary structures" does not include buildings of any kind); and to perform any other work necessary and incident to the construction, periodic renourishment, maintenance, and implementation of the Indian River County's Beach Preservation Plan, together with the right of public use and access for ;� hiding, bu4 net ,• � a + aluse of the sandy bee e , 111VLLLL1111�, VLLL 11VL L11111LNU LV ZiV„•M bead swiffifning, sunbathing, and ethe traditional beach recreational activities, only on the portion of Granter's property described in Schedule "A"; to protect and monitor nesting marine turtles and hatchlings from the adverse effects of anthropogenic activity as required by the Florida Fish and Wildlife Conservation Commission Marine Turtle Permit issued to the County and the County Habitat Conservation Plan in order to provide for overall improvement in nesting habitat and to increase successful nesting activities and production of hatchlings on the beaches located in the state of Florida; to salvage for the purpose of protecting public health and welfare; to plant vegetation on said dunes and berms; to facilitate preservation of dunes and vegetation (provided, however that the Grantor shall retain the right to construct one or more dune crossovers provided all applicable federal, state, and local permits and approvals for any such crossovers are obtained); to remove from said land debris and obstructions within the limits of the easement; and further reserving to the grantor, its successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject however to existing easements for public utilities and pipelines. None of the easement rights granted hereunder are intended to give the Grantee, and shall not be construed or deemed to give the Grantee, the right to prohibit or restrict the Grantor and its successors and assigns from using and enjoying the sandy portion of the beach within the land described in Schedule "A" for recreational purposes in the same manner and to the same extent as members of the general public are entitled to use beach areas with the County for recreational purposes. Ulm IN WITNESS WHEREOF, Grantor has herein set its hand and seal the day and year written above. Signature: Printed Name: Witness Signature Printed Name Witness Signature Printed Name Notary Insert HERE (Grantor) fLmj October 4, 2022 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 4, 2022 SUBJECT: Oslo Cemetery FROM: Susan Adams Commissioner, District 1 I would respectfully request a discussion regarding Oslo Cemetery Rules and Regulations for Burial. 199 15A1 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Steve Greer, Battalion Chief of EMS Department of Emergency Services -Fire Rescue Division DATE: September 22, 2022 SUBJECT: Approval of Public Medical Transportation Letter of Agreement between Indian River County Emergency Services District and the Agency for Health Care Administration (Year Four) It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS: Staff seeks consideration of a Letter of Agreement with the Agency for Health Care Administration (AHCA) for the receipt of Public Emergency Medical Transportation -Managed Care Organizations (PEMT-MCO) payments to the County for this year. AHCA has significantly changed the process to receive the PEMT payments to providers over prior years. The new process requires an upfront payment from the County of $335,068.78 in order to receive the PEMT payment. This payment from the County to AHCA, as well as all of the statewide provider's payments, will be bundled as a funding mechanism to apply for federal grants. It is anticipated that the funds provided to AHCA ($335,068.78) will be returned to the County, as well as the annual PEMT funds estimated to be $503,651.56 with a total return to the County of $838,720.34. FUNDING: Funding for this agreement will be derived from Emergency Services District, Cash Forward/Oct 1St and will require a budget amendment in the amount of $335,068.78. When payment is returned to the County, the funds will be deposited back into the District's cash reserves. RECOMMENDATION: Staff recommends the approval and execution of the Letter of Agreement between the Indian River County Emergency Services District and the Agency for Health Care Administration. ATTACHMENTS: 1. Public Emergency Medical Transportation Letter of Agreement 2. FY 2022-2023 PEMT Allotments (Year 4) 200 Public Emergency Medical Transportation Letter of Agreement THIS LETTER OF AGREEMENT (LOA) is made and entered into in duplicate on the day of 2022, by and between Indian River County ALS (the "IGT Provider') on behalf of Indian River County Emergency Services District , and the State of Florida, Agency for Health Care Administration (the `Agency"), for good and valuable consideration, the receipt and sufficiency of which is acknowledged. DEFINITIONS "Intergovernmental Transfers (IGTs)" means transfers of funds from a non -Medicaid governmental entity (e.g., counties, hospital taxing districts, providers operated by state or local government) to the Medicaid agency. IGTs must be compliant with 42 CFR Part 433 Subpart B. "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act, 42 US.C. §§ 1396 et seq., and regulations thereunder, as administered in Florida by the Agency. "Public Emergency Medical Transportation (PEMT)," pursuant to the General Appropriation Act, Laws of Florida 2022-156 is the program that provides supplemental payments for eligible Public Emergency Medical Transportation (PEMT) entities that meet specified requirements and provide emergency medical transportation services to Medicaid beneficiaries. A. GENERAL PROVISIONS 1. Per House Bill 5001, the General Appropriations Act of State Fiscal Year 2022-2023, passed by the 2022 Florida Legislature, the IGT Provider and the Agency agree that the IGT Provider will remit IGT funds to the Agency in an amount not to exceed the total of $335,068.78. The IGT Provider and the Agency have agreed that these IGT funds will only be used for the PEMT program. 2. The IGT Provider will return the signed LOA to the Agency. 3. The IGT Provider will pay IGT funds to the Agency in an amount not to exceed the total of $335,068.78 . The IGT Provider will transfer payments to the Agency in the following manner: a. Per Florida Statute 409.908, annual payments for the months of July 2022 through June 2023 are due to the Agency no later than October 31, 2022, unless an alternative plan is specifically approved by the agency. b. The Agency will bill the IGT Provider when payment is due. 4. The IGT Provider and the Agency agree that the Agency will maintain necessary records and supporting documentation applicable to health services covered by this LOA in accordance with public records laws and established retention schedules. a. AUDITS AND RECORDS Indian River County ALS _PEMT LOA_SFY 2022-23 Indian River County Emergency Services District 201 i. IGT Provider agrees to maintain books, records, and documents (including electronic storage media) pertinent to performance under this LOA in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. ii. IGT Provider agrees to assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the Agency, as well as by federal personnel. iii. IGT Provider agrees to comply with public record laws as outlined in section 119.0701, Florida Statutes. b. RETENTION OF RECORDS The IGT Provider agrees to retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to performance under this LOA for a period of six (6) years after termination of this LOA, or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings. ii. Persons duly authorized by the Agency and federal auditors shall have full access to and the right to examine any of said records and documents. iii The rights of access in this section must not be limited to the required retention period but shall last as long as the records are retained. c. MONITORING i. IGT Provider agrees to permit persons duly authorized by the Agency to inspect any records, papers, and documents of the IGT Provider which are relevant to this LOA. d. ASSIGNMENT AND SUBCONTRACTS The IGT Provider agrees to neither assign the responsibility of this LOA to another party nor subcontract for any of the work contemplated under this LOA without prior written approval of the Agency. No such approval by the Agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Agency in addition to the total dollar amount agreed upon in this LOA. All such assignments or subcontracts shall be subject to the conditions of this LOA and to any conditions of approval that the Agency shall deem necessary. 5. This LOA may only be amended upon written agreement signed by both parties. The IGT Provider and the Agency agree that any modifications to this LOA shall be in the same form, namely the exchange of signed copies of a revised LOA. 6. IGT Provider confirms that there are no pre -arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and/or the providers to re -direct any portion Indian River County ALS _PEMT LOA_SFY 2022-23 Indian River County Emergency Services District 202 of these aforementioned supplemental payments in order to satisfy non -Medicaid, non - uninsured, and non -underinsured activities. 5. IGT Provider agrees the following provision shall be included in any agreements between IGT Provider and local providers where IGT funding is provided pursuant to this LOA. Funding provided in this agreement shall be prioritized so that designated IGT funding shall first be used to fund the Medicaid program and used secondarily for other purposes. 6. This LOA covers the period of July 1, 2022, through June 30, 2023, and shall be terminated September 30, 2023, which includes the states certified forward period. 7. This LOA may be executed in multiple counterparts, each of which shall constitute an original, and each of which shall be fully binding on any party signing at least one counterpart. PEMT Local Intergovernmental Transfers Program / Amount State Fiscal Year 2022-2023 Estimated IGTs $335,068.78 Total Funding Not to Exceed IN WITNESS WHEREOF, the parties have caused this page Letter of Agreement to be executed by their undersigned officials as duly authorized. IGT Provider SIGNED BY: NAME: STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION SIGNED BY: NAME: TITLE: TITLE: DATE: DATE: Indian River County ALS Indian River County Emergency Services District _PEMT LOA_SFY 2022-23 203 Km E O Q O CU LG 1C� G ^W W M N N N O N U- N L') r r- V N t O 0 Co I� N a N m m N N m V m r t: O r V O O (D M r r m V N m m U) m M m CO M N m M� m t-- V O m CO W r U) m CO M m U) U) O m (D U? 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Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: First Amendment and Renewal to the Biosolids Agreement between the Solid Waste Disposal District and the City of Vero Beach Descriptions and Conditions: On October 8, 2019, the City of Vero Beach (City) and the Indian River County (IRC) Solid Waste Disposal District (SWDD) entered into a Biosolids Disposal Agreement (Agreement) to accept the City's Dewatered Biosolids at the IRC Landfill for disposal. The initial term of this agreement is for a period of three (3) years terminating on October 7, 2022, and the City has duly notified SWDD of its desire to renew the Agreement. A draft First Amendment and Renewal to the Agreement was developed between the respective utility departments, at which time the updated Agreement was taken and approved by the Vero Beach City Council on September 6, 2022. Indian River County staff supports the approval of the attached agreement by the SWDD Board, Analysis: A brief summary of the attached First Amendment and Renewal of the Biosolids Agreement is as follows: • Term of the Agreement —The revised term of this agreement is effective as of the date that it is fully executed by both parties. The agreement shall automatically renew on October 1 of each year unless written notice of non -renewal or termination with appropriate notice as stipulated in the agreement. All other terms and conditions of the Agreement remain as is. In terms of the disposal rate, the City shall pay the 2022-2023 Fiscal Year (FY) Landfill Residue Disposal Fee of $24.23 per ton, reflecting an increase of $1.00, or 4.3%, from the 2021-2022 FY rate of $23.23 per ton. Currently, the IRC Landfill has been accepting the Biosolids from the City and averaging around 2,600 tons per year. At the new rate of $24.23 per ton, this equates to a revenue of $62,998 per year. In terms SWDD Agenda - First Amendment and Renewal to Biosolids Agreement between SWDD and CVB.doc Page2G7 SWDD Item of expenses, the disposal cost from Republic Services is approximately $37,200 per year for a net revenue of $25,798. Staff recommends approval of this First Amendment and Renewal Biosolids Agreement with the City. Funding: Funding for the SWDD Class 1 landfill services is budgeted and available in the amount of $37,200 in the SWDD/Landfill/Contractual Services account, number 41121734-033489, which is funded from SWDD assessments and user fees. Description I Account Number Amount SWDD/Landfill/Contractual Services 1 41121734-033489 $37,2Q0 Recommendation: Solid Waste Disposal District staff recommends that its Board approve the First Amendment and Renewal Biosolids Agreement with the City of Vero Beach and authorize the Chairman to execute the same, as presented. Attachment: 1) First Amendment and Renewal Biosolids Agreement with the City of Vero Beach SWDD Agenda - First Amendment and Renewal to Biosolids Agreement between SWDD and CVB.doc Pagaw FIRST AMENDMENT AND RENEWAL TO BIOSOLIDS DISPOSAL AGREEMENT BETWEEN THE CITY OF VERO BEACH, FLORIDA AND THE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT This FIRST AMENDMENT AND RENEWAL TO (hereinafter "First Amendment") is made and entered into as of the day of 2022, by and between the CITY OF VERO BEACH, a Florida municipal corporation, whose mailing address is P. O. Box 1389, Vero Beach, Florida 32961-1389 (hereinafter "City") and the INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida, apolitical subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960 (hereinafter "SWDD"). City and SWDD may also be referred to herein individually as a "party" or collectively as the "parties." RECITALS WHEREAS, on October 8, 2019, SWDD and the City entered into the Biosolids Disposal Agreement between Indian River County Solid Waste Disposal District ("SWDD") and City of Vero Beach ("City") (the "Agreement'); and WHEREAS, the initial term of this agreement is for a period of three (3) years terminating on October 7, 2022, and the City has duly notified SWDD of its desire to renew; and WHEREAS, the City and SWDD desire to amend Section 3. Term of the Agreement, to remove a time certain termination, NOW THEREFORE, in consideration of the mutual covenants contained herein and other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. Recitals. The parties agree that the above recitals are true and correct by this reference incorporated herein and made part thereof. Section 2. Amendment of Section 3 of the Agreement. Section 3 of the Agreement shall be revised to read as follows: Section 3. Term of the Agreement. This Agreement shall automatically renew each year on October 1, unless either party provides written notice to the other party of non -renewal at least one hundred and eighty (180) days prior to the annual renewal date. Notwithstanding the above, either party may terminate this Agreement, at any time and for any reason, upon at least ninety (90) days written notice to the other party. The City may terminate this Agreement due to an increase in the disposal fee pursuant to Section 4 below, by written notice to the SWDD within thirty (30) days of the approval of the fee increase by the SWDD governing board. Page 1 of 3 First Amendment and Renewal to Biosolids Disposal Agreement 209 Section 3. The remaining terms and conditions of the Agreement shall remain in full force and effect. Section 4. Effective Date. This First Amendment shall be effective as of the date that it is fully executed by both parties. INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ATTEST: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, BOARD OF Circuit Court and Comptroller COUNTY COMMISSIONERS By: Deputy Clerk (SEAL) Approved as to form and legal sufficiency: Dylan Reingold County Attorney Approved as to technical requirements: Sean Lieske Director of Utility Services Sign: Date: By: Peter D. O'Bryan Its: Chairman Approved: Jason E. Brown County Administrator Page 2of3 First Amendment and Renewal to Biosolids Disposal Agreement 210 CITY OF VERO BEACH, FLORIDA ATTEST: VERO B ACH CITY UNCIL 1� w, s Sign: Tammy K. ck By: Robert Brackett City Clerk Its: Mayor Date: (SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of t? -Physical presence or ❑ online notarization this f3 day of 2022, 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: *11' 1. SHERRI PHILo ;.. .; MY COMMISSION # HH 065119 EXPIRES: Dew bar 3.2024 '':Far r�?••' 8ofdad fluu Notary Pubk tlndertq#ara Notary Public, State of Florida at Large Print Name/<, "e Notary Commission No.: My Commission Expires: ADMINISTRATIVE REVIEW (For Internal use Only -Sec. 2-77 COVB Code) Approved as to form and legal sufficiency for COVB on v: P 21 ohn S. Turner Date City Attorney Approved as conforming to municipal policy: MorAe K. Falls, P. Date City Manager Approved as to technical requ. ements: Approved as to financial requirements: Robert J.on, P.E. Date Cynth' Lawson Date Director, later & Sewer Director, Finance Page 3 of 3 Fust Amendment and Renewal to Biosolids Disposal Agreement 211 BIOSOLIDS DISPOSAL AGREEMENT BETWEEN THE CITY OF VERO BEACH, FLORIDA AND THE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT THIS BIOSOLIDS DISPOSAL AGREEMENT ('Agreement") is made and entered into as of the"'dV-day of Q1C�21_2019, by and between the City of Vero Beach, Florida, a Florida municipal corporation, whose mailing address is P. O. Box 1389, Vero Beach, FL 32961- 1389 ("City) and the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1801 271h Street, Vero Beach, FL 32960 ("SAM). WHEREAS, SWDD operates the Indian River County Class I landfill CRC Landfill") located at 1325 SW 74a' Avenue in Vero Beach, Florida; and WHEREAS, SWDD accepts Dewatered Biosolids ("Biosolids') for disposal at theIRC Landfill at a rate set annually by the Board of County Commissioners, sitting as the body of SWDD; and governing WHEREAS, the City operates a municipal sewer system and sewer treatment facility which produces Biosolids which may be disposed of in a landfill such as the IRC Landfill; and WHEREAS, the City has requested that SWDD accept the City's Biosolids for disposal in the IRC Landfill, and SWDD has agreed to accept the City's Biosolids for such disposal, all in accordance with the terms and conditions of this agreement, WHEREAS, the City and SWDD find that the delivery of Biosolids by the City at the IRC Landfill and the acceptance of same for disposal by SWDD for the purposes stated herein constitute a public purpose and benefit. NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree, as follows: Section 1. Recitals The above recitals are true and correct and are incorporated herein Section Z. Delivery and Acceptance of Biosolids. The City, or its authorized Biosolids Processor/transporter, shall process, transport and deliver to the IRC Landfill, Biosolids resulting from the operation of its municipal sewer system and sewer treatment facility (FLDEP Permit FLA021661) only. The City shall not process Biosolids materials from outside its jurisdiction Biosolids shall be "tipped" by the City's processor/transporter in specific locations within the IRC Page 1 of 8 C:\Uses'SPavosc\AWDatalLncaMicrosoR\Windows\Temporary (nta7ld Files\ContwtOutlook�FPCI)C35D7G1Hiowlids Disposal IRC July2019.doex pg,a„tME 212 Landfill as designated by SWDD or SWDD's representative. AU Biosolids delivered by the City shall meet all requirements of the Quality Standards and as Law, as defined below in Section 5 or in Exhibit A of this agreement. The parties shall cooperate with respect to the delivery schedule for the Biosolids, recognizing that the Biosolids must be mixed with other materials at the time of disposal in the IRC Landfill, and delivery of the Biosolids should be coordinated with the availability of the other materials. The City's processor/transporter shall comply with all other rules and regulations of SWDD relating to the IRC Landfill. Section 3. Term of theAgreement. The initial term of this agreement shall be two (2) yew, commencing on , 2019, and terminatio on shall automatically renew for an additional one (1) year t 2021. erm, unless either party provide s ewritt nt notice of non -renewal at least one hundred and eighty (180) days prior to expiration of the initial term. Notwithstanding the above, either party may terminate this Agreement at any time and for any reason upon at least ninety (90) days written notice to the other party. The City may terminate this Agreement due to an increase in the disposal fee pursuant to Section 4 below, by written notice to the SWDD within 30 days of the approval of the fee increase by the SWDD governing board. Section 4. Disposal Fee. The City shall pay to SWDD a disposal fee in the initial amount of $19.08 per ton, which amount shall apply through September 30, 2019. The City acknowledges that (a) the SWDD governing body, as part of its annual budgeting process, reviews all disposal fees at the IRC Landfill, and adjusts such fees as it determines necessary, al fee starting October 1, 2019, and for each year thereafter (October I — Semberand (30) will bee the fee as determined by the SWDD governing board in its annual budgeting process. Section 5. Ou»lity Standards. All Biosolids delivered by the City or its processor/transporter for disposal in the IRC Landfill shall meet the following quality standards ("Quality Standards): 1. Biosolids delivered to the IRC Landfill shall meet all Florida Department of Environmental Protection (FDEP) requirements for disposal in Class 1 Landfill, specifically, Biosolids as defined as "Residuals" or `Domestic Wastewater Residuals" in Chapter 62-624.200(6) Florida Administrative Code (FAC), or as amended. 2. Biosolids delivered to the IRC Landfill must not be classified as Hazardous Waste under Chapter 62-730 FAC, or as amended. 3. The Biosolids delivered shall be a minimum Total Solids Percent of 17 percent solids, and the Biosolids must be able to pass a paint filter test upon receipt at the Landfill for disposal. No mixtures of foreign material are to be used to increase the solids content. At a minimum, the City shall provide SWDD a report with the Total Solids Percent of their Biosolids prior to the scheduling of the first delivery and annually thereafter. 4. At a minimum, the City will provide SWDD results from a Toxicity Characterization Leaching Procedure (TCLP) tests prior to the scheduling of the first delivery and annually thereafter to demonstrate that the Biosolids do not exceed regulatory levels for any of the parameters identified in Exhibit A, attached. This shall also be required should the wastewater facility generating the Biosolids experience any significant chang characteristics of the facility influent, or experience a plant upset or by-pass event that mayes in the change the make-up of the Biosolids. Page 2of8 C:\Us='S"musdlAPpD.ta\LmAMiCmllfi\Wlnd",s T=porary Intanet Fi1es\C�ntrntOudoolclFKDGSp7C1, giosotids IRC Joty20i9.docx DispossiAgreemeat 213 5. SWDD reserves the right to randomly inspect loads to verify conditions above are being met. SWDD also reserves the right to refuse any deliveries of Biosolids not meeting conditions above. Section 6. Applicable Law. Each party acknowledges that the processing, transport and disposal of Biosolids is heavily regulated by state and federal agencies having jurisdiction with respect to such matter. The City shall comply with all applicable state and federal laws, including, out limitation, rules and regulations (collectively "Applicable Law') relating to the processing and transport of Biosolids, including the quality or composition of Biosolids to be disposed of in a landfill such as the IRC Landfill, and SWDD shall comply with all requirements of Applicable Law relating to the method of disposal of Biosolids; provided, however, that SWDD shall not have liability with respect to the method of disposal of Biosolids which, with respect to quality or composition, do not meet the requirements of the Quality Standards or Applicable Law. In the event of a change in "Applicable Lave' that has a direct, material and adverse effect upon the cost to SWDD of operating, maintaining or modifying disposal of Biosolids, SWDD and City shall mutually negotiate any necessary capital cost contribution or any necessary increase in the disposal Costs/ton commensurate with the necessary cost. Section 7. Indemuifiication. To the extent permitted by law, each party shall hold harmless and indemnify the other party from and against any and all losses, damages, claims, causes of action, expenses and liabilities of any type whatsoever (collectively, "Claims') arising out of or relating to the indemnifying party's negligence, intentional wrongdoing, breach of applicable law or breach of this agreement; provided, however, that neither party shall be required to, hold harmless or indemnify the other party for any Claims arising out of or relating to such other party's negligence, intentional wrongdoing, breach of applicable law or breach of this agreement. the above, for tort actions, neither party waives its sovereign immuniet forth Flooridalaw and the parties' obligations under the Agreement shall be subject to the limitations set forth and provided for in Section 768.28, Florida Statutes. Section 8. Insurance. (a) The City, or its authorized Biosolids processor/transporter, shall obtain and maintain throughout the term of this Agreement at its expense the following insurance coverage from insurers who are licensed in the State of Florida and have a current rating of A- VII or better in `Best's Key Rating Guide," with respect to all activities relating in any way to the Biosolids which are the subject of this agreement: (1) workers' compensation coverage in compliance with State of Florida statutory requirements, (2) employer's liability insurance providing minimum coverage of $100,000 per occurrence, $100,000 by disease, and $500,000 aggregate by disease, (3) commercial general liability insurance and automobile liability insurance providing minimum combined single limit coverage of $1,000,000 for personal bodily injury, including, without limitation, death, and $1,000,000. property damage, and (4) umbrella or excess liability coverage providing minimum coverage of (b) Notwithstanding the minimum limits of coverage stated in subsection A above, the limits of each underlying insurance coverage must be at least as high as is necessary to support the excess liability insurance coverage referenced in subsection A(4). Page 3 of 8 C:\Usm\"cnmc\AppDatalI.ocallMicrowft\Windows\Tempozmy Intemet Files\Contcnt ouDGSD7Gi8iasolids Disposal Ageh,��„t IRC ]u1y2019.docz tlooklFK 214 (c) Proof of compliance with the above insurance requirements shall be provided by the City to SWDD no later than fifteen (15) days prior to commencement of delivery of Biosolids for disposal at the IRC Landfill, and thereafter throughout the term of this agreement, in the form of a certificate of insurance, which certificate shall provide for notice to SWDD no later than thirty (30) days prior to cancellation or non -renewal. Failure to do so shall allow SWDD to refuse delivery until such proof is provided, reviewed and approved by SWDD. Section 9. Force Maieure/Emerencu. Any non-performance of the terms or conditions of this agreement caused by or resulting from an event of Force Majeure (as defined below) shall not constitute a violation or event of default. In addition, SWDD reserves the right to refuse to accept the City's Biosolids in the event of an emergency, as determined by SWDD in its sole discretion. The City shall maintain an alternative method of disposal of its Biosolids, in the event that SWDD does not accept the Biosolids due to an emergency. For the purposes of this agreement, the term "Force Majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, explosions, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes, tropical storms, floods, tornadoes, restraints of governments, civil disturbances, unavoidable breakage of machinery or equipment, enactment of applicable laws prohibiting performance, and other such causes not within the reasonable control of the party claiming the occurrence of an event of Force Majeure. Section 10. Notices. Any notice required to be provided under this agreement shall be provided to the following persons and addresses: If to the City: City of Vero Beach 1053 20`h Place Post Office Box 1389 Vero Beach, Florida 32961-1389 Attention: City Manager cc: Director, Water and Sewer Services If to SWDD: Indian River County Solid Waste Disposal District 1801 271h Street Vero Beach, Florida 32960 Attention: County Administrator cc: Director of Utility Services Section 11. Default- Remedies for Default. (a) The following shall be deemed to constitute a default of the terms of this Agreement 1. The failure by City to pay any amount of money due under this Agreement; 2. The failure by City or SWDD to comply with any other provision or condition of this Agreement. Page 4of8 C:1U$-\SPenr=\APPDat3l =aMicrosofllWindows\Tcmporary lnt=et FileslConte&Outlook�FKDGSD7G%ai=H& gtament tRC JWy2019.docx IhsposalA 215 (b) The City and SWDD shall have all remedies for any default by the other party as provided for at law or in equity. Section 12. Attorney's Fees. In the event of any litigation relating to this agreement, each party shall pay its own attorney's fees. Section 13. Miscellaneous Provisions. (a) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for resolution of any dispute arising hereunder shall be in Indian River County, Florida (b) This Agreement sets forth all the promises, agreements, conditions, and understandings, either oral or written, between them. No subsequent alteration, amendment, change, or addition to this Agreement will be binding on the City or SWDD unless in writing and signed by them and made a part of this Agreement by direct reference. (c) The terms of this Agreement shall be binding on the respective successors, contractors, representatives, agents, and assigns of the parties. Neither party may assign its rights or obligations hereunder without the prior written consent of the other party. (d) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. Section 14, Effective Date. This agreement shall be effective as of the date that it is folly executed by both parties. Page 5 of 8 C:\Users'SP==AAppDataU.0caDMicrosoft\WindowslTempvrary Interne PiICAContcntOutlo0k\PKDGSD7Wiosolids Disposal Ag =cw IRC Ady2Q19.docx Z INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R Smith, Clerk of Circ ' Court and Comptroller 7 Deputy Clerk (SEAL) Approved as to form and>gat sufficiency. Dy Reingold County Attorney Approved as to technical requirements: MI -S -r" Vincent Burke, P.E. Director of Utility Services SOLID WASTE DISPOSAL DIS)I'ti�''Ssia'•., Bob Solari , Chairman Date: October 8, 2019 SIGNATURE PAGES TO FOLLOW Page 6 of 8 CAUsasWenrose\AppData\l=allMic: ft\Windows\Tanpouary lntesnet FileeContrnt oudookVKDGSD7"iosolids Disposal Amment IRC July 2019.docx 217 CITY OF VERO BEACH, FLORIDA ATTEST: , B LA -33 Tammy Kurs ck City Clerk [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER VERO BEACH CITY COUNCIL of I-P�.�� Date: The foregoing instrument was ackno v_1 "Pforeethis�� dav oAugust2019 on behalf of the City of Vero Beach, Florida, y, as�anager, and attested by Tammy K. Bursick, as City Clerk, of the City of Vero Beach, Florida. Both are personally known to me. f ARY PUBLIC Print Name: ( ; ' `; SHEM PHILO Commission NO.: '. : MYCOMMISSION # GG 111801 EXP9RES: De=Mber3, 20M My Commission Expires: ' �` J Bomted7lwNot� PubtcundwwrD= ADMMSTRATM REVIEW (For Internal Use Only—Sec. 2-77 COVB Code Approved as to form and legal sufficiency: Approved as conforming to municipal policy: n clL� Jo . Turner ity Attorney Mo to K Falls, City Manager Approved as to technical r uir ents: Robert 10361ton Director, Water and Sewer Services Page 7of8 C\Us=\SP=mseWpData\Local\MicrosoR!Windows\Temporary Intemet Fila\Cont-nLOutlook\FKDGSD7Gaiosotids Disposal Agre=ent IRC July 2019.doex 218 Exhibit A - Biosolids Quality Standards MAXIMUM CONCENTRATION OF CONTAMINANTS FOR TOXICITY CHARACTERISTIC RegulatoryLevel Contaminant (mom) Arsenic 5.0 Barium 100.0 Benzene 0.5 Cadmium 1.0 Carbon tetrachloride 0.5 Chlordene 0.03 CNorobenzene 100.0 Chloroform 6.0 Chromium 5.0 o -Cresol 200.0' m -Cresol 200,0' cesol 1 200.' 200.00 2,4-0 10.0 1,4-Dic hlorobenzens 7.5 1,24)ic hloroethene 0.5 1,1-Qichioroethylene 0.7 2,4-Dinitrotoluene 0.132 Endrin 0.02 Heptachlor (and its hydroxide) 0.008 Hexachtorobenzene 0.132 Hexachforo-1,3-butadiene 0.5 Hexachloroethane 3.0 Lead 5.0 Lindane 0.4 Mercury 0.2 Methoxychlor 10.0 Methyl ethyl ketone 200.0 Nitrobenzene 2.0 Pantachlorophenol 100.0 Pyridine W Selenium 1.0 Silver 5.0 Tetrad toroethylene 0.7 Toxaphene 0.5 TrlcMoroethylene 0.5 2.4,5-Tachicrophenol 400.0 2.4,13 -Trichlorophenol 2.g 2,4,5 -TP (SlIvex) .t 0 Vinyl chloride 0.2 tt o-, m-, and P -crew concentrations cannot be erentlated, the total cresol (17026) concentration Is used. The regulatory level of total cresol Is 200 mg/L. 20uantitation limit Is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level. Page 8 of 8 C \Users\SPenmsc4lppDataUZWMictusoR\Windows\Temporary Intena Fars\Contac.0utlook\FKDOSD7G\BiosoGds Disposal Ageameac tRC July 20I9.doca 219