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11/01/2022
AORI�% BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 1, 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 Pastor Jim Gallagher, Calvary Chapel of Vero Beach 3. PLEDGE OF ALLEGIANCE Commissioner Laura Moss 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Operation Green Light - Michael Zito and Melissa Arndt, Veterans Services Manager 6. APPROVAL OF MINUTES 6.A. Budget Workshop Meeting Minutes of July 13, 2022 6.B. Regular Meeting of August 16, 2022 6.C. Regular Meeting of September 13, 2022 6.1). Preliminary Budget Hearing Meeting Minutes of September 14, 2022 6.E. Final Budget Hearing Minutes of September 21, 2022 November 1, 2022 Page 1 of 7 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Beach and Shore Preservation Advisory Committee Resignation Attachments: Staff Report 221017 Email Resignation re BSPAC - David Barney 7.B. Community Champion 2022 Award Attachments: Staff Report 7.C. Indian River County Venue Event Calendar Review Attachments: Event Calendar 7.D. Florida Public Service Commission Consummating Order PSC-2022-0358-FOF-EI. Final Order implementing FPL's return on equity. A copy is on file in the Office of the Clerk to the Board. 8. CONSENT AGENDA 8.A. Checks and Electronic Payments September 16, 2022 to September 22, 2022 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments September 23, 2022 to September 29, 2022 Attachments: Finance Department Staff Report 8.C. First Renewal and Amendment to Professional Services Agreement for Water Plant and Water Resources Engineering Services - RFQ 2019070 Attachments: Staff Report First Extension and Amendment 8.D. Award of Bid 2022057 Sebastian Harbor Preserve Fence Attachments: Staff Report Sample Agreement 8.E. Authorization to Piggyback Modified Town of Jupiter Bid for Antiscalant Attachments: Staff Report 8.F. Designation of Excess Equipment as Surplus and Disposal Authorization Attachments: Staff Report Excess List for 110122 8.G. Final Ranking of Consultants and Authorization to Negotiate for Design Services for Emergency Operations Center Expansion (RFQ 2022062) Attachments: Staff Report November 1, 2022 Page 2 of 7 8.H. Oyster Bar Marsh Conservation Area Parking and Other Facilities - Final Completion Attachments: Staff Report Pay Application No .9 8.I. Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Section 5311 CRRSAA Grant Attachments: Staff Report Resolution Public Transportation Grant Agreement (PTGA) Grant Budget Form 8.J. FDOT Small County Outreach Program (SCOP) Supplemental Agreement No. 1 and Resolution Authorizing the Chairman's Signature for Construction and Engineering Inspection (CEI) Services Resurfacing 69th Street From 66th Avenue to SR5/US1, IRC -1639, FM No. 438073-1-54-01 Attachments: Staff Report Authorizing Resolution FDOT Supplemental Agreement No. 1 8.K. Work Order No. 2- GFA International, Inc., Indian River Boulevard Resurfacing from 53rd Street to the Merrill Barber Bridge (IRC -1707) Attachments: Staff Report GFA International, Inc. Work Order No. 2 8.L. Agreement with USDA -APHIS Wildlife Services - 2023 Season Attachments: Staff Report Wildlife Services Agreement 8.M. Acceptance of Utility Easement - Brook's 512 Commercial Development Subdivision (Located Within the Municipal Boundaries of the City of Sebastian) Attachments: Staff Report Brooks 512 Plat 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS November 1, 2022 Page 3 of 7 10.A.1. Consideration of a Request by David L. Cox, Ph.D., to Amend Land Development Regulation (LDR) Section 932.07, Piers, Docks and Boat Slips, by Revising the Size Restrictions on Unwalled Boat Shelters to be Consistent with Florida Department of Environmental Protection (FDEP) and Other Jurisdictional Agency Requirements [LDRA-22-05-01 / 2022020086-91934] (Legislative) Attachments: Staff Report Section 258.42 F.S. 62-330.427 F.A.C. PZC 5-9-2019 Meeting Minutes BCC 7-2-2019 Meeting Minutes PZC 9-22-2022 Meeting Minutes Chp.18-21.003 F.A.C. Proposed Ordinance 10.A.2. Consideration of Brattain Property of Indian River County LLC's Request for Land Development Regulation (LDR) Amendments to Sections 901.03, 911.10, and 971.13 to Allow Automobile Parking and Storage in the PRO, OCR, MED, CN, and CL Zoning Districts [LDRA-21-09-01 / 2003060269-90131] (Legislative) Attachments: Staff Report Excerpt from 9-22-2022 PZC Meeting Minutes Draft Ordinance B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Bill Rigby re: Community Development Districts Attachments: Public Discussion Request B. Rigby C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 1 LA. Four County Joint Board Meeting Attachments: Staff Report Resolution for Joint Meeting II.B. Ratification of Collective Bargaining Agreement between Indian River County Emergency Services District and Indian River County Firefighters/Paramedics Association, Local 2201, IAFF Effective October 1, 2022 through September 30, 2025 Attachments: Staff Report Tentative Agreement IRC and IAFF Local 2201 Proposed Pay Plan November 1, 2022 Page 4 of 7 11.C. Transition Planning for New County Administrator Attachments: Staff Report Resignation letter 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources 12.D.1. Final Ranking of Firms and Authorization to Negotiate for Employee Health Clinic (RFP 2022053) Attachments: Staff Report E. Information Technology F. Office of Management and Budget G. Public Works 12.G.1. 66th Avenue Phase IB - (IRC -150513), Acceptance of Relocating FPL Transmission Structures Estimate Attachments: Staff Report FPL letter dated 6/24/2022 12.G.2. Florida Department of Transportation (FDOT) Maintenance Memorandum of Agreement (MMOA) for Oslo Road and I-95 Interchange Construction Financial Project No. 413048-2 Attachments: Staff Report Authorizing Resolution Maintenance Memorandum of Agreement 12.G.3. Florida Department of Transportation (FDOT) Maintenance Memorandum of Agreement (MMOA) for Oslo Road Widening Project Financial Project No. 431521-1 Attachments: Staff Report Authorizing Resolution Maintenance Memorandum of Agreement H. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS November 1, 2022 Page 5 of 7 A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Joseph H. Earman, Vice Chairman 14.B.1. Discussion on Traffic Signal Cabinet Wraps Attachments: Commissioner's Memorandum Proposal (VB Custom Signs) C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of the SWDD Budget Workshop Meeting Minutes of July 13, 2022 15.B.2. Approval of SWDD Meeting Minutes of August 16, 2022 15.B.3. Approval of the SWDD Meeting Minutes of September 13, 2022 15.13.4. Approval of SWDD Preliminary Budget Hearing Meeting Minutes of September 14, 2022 15.13.5. Approval of the SWDD Final Budget Hearing Minutes of September 21, 2022 15.B.6. Work Order No. 17 to Geosyntec for Segment 3, Cell 1 Top of Waste Grades Evaluation Attachments: Staff Report Geosyntec Work Order No 17 C. Environmental Control Board 16. ADJOURNMENT November 1, 2022 Page 6 of 7 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. November 1, 2022 Page 7 of 7 Item 5.A. 11/01/2022 �- 1 Item 5.A. 11/01/2022 INDIAN RIVER COUNTY VETERANS SERVICES The Veterans Services office provides all Veterans in Indian River County full access to State Certified Veterans Service Officer's, who provide updated information, counseling, and direction regarding all available Veteran's services. The division assists Veterans and their families in preparing, filing, and appellate procedures, regarding benefit claims due under Federal, State, and Local laws and regulations. There are two Indian River County Veteran Service Offices are located at: Vero Beach: 2525 St Lucie Ave, Vero Beach, FL [Manager & PT VSO] Sebastian: 1921 US HWY-1, Sebastian, FL [Full Time VSO] INDIAN RIVER COUNTY VETERANS SERVICES Veteran Service Officer Requirements: • An honorably discharged veteran who served as a member of the Armed Forces of the United States during a period of war • have a 2 -year degree from an accredited university, college, or community college or a high school degree or equivalency diploma and 4 years of administrative experience. • Must be able to gain accreditation by the Department of Veterans' Affairs • Successfully complete Service Officer Training Course and test out • Maintain semi-annual accreditation • Complete Federal back ground check • Paid employee that works at least 1000 hours annually k " 2 Item 5.A. 11/01/2022 INDIAN RIVER COUNTY VETERANS SERVICES Services Completed FY 2020 - FY 2022 f I FY 2019/2020 FY 2020/2021 FY 2021/2022 ® Clients Serviced In Person o Telephone Calls Actions Completed INDIAN RIVER COUNTY VETERANS SERVICES FY20 GEOGRAPHIC DISTRIBUTION OF VA EXPENDITURES (GDXI FY20 Summary of Expenditures by State Expenditures in $000s Education & Education & County[ Congressional Veteran Total Compensation& Vocational Insurance& Total Unique District Population' Expenditure Pension Rehabilitation/ Indemnities Medical Care Patients" Expenditure &Pension Rehabilitation] Employment Medical Care patients" INDIAN RfV- 16,598 $ 130,528 r $ 74,639 $ 4,004 r $ 11699 r $ 50,186 4,925 FY21 Summaryof Expenditures byState Expenditures in $000s Education & County/ Congressional Veteran Total Compensation Vocational Insurance & Unique District Population' Expenditure &Pension Rehabilitation] Indemnities Medical Care patients" Employment INDIAN RIVER 16,407 $ 139,337 $ 79,381 $ 3,636 $ 1,872 $ 54,448 5,113 3 Item 5.A. 11/01/2022 INDIAN RIVER COUNTY VETERANS SERVICES CHANGES MADE IN THE LAST 2 YEARS • Moved from mailing all documentation to The Department of Veterans Affairs to digitally sending 99% of actions —ensuring 100% of claims make it to the VA • Reduced county expenses: overall budget, postage, paper and toner • Improved claims processing software to increase efficiency, quality of work, deliverability, and accessibility • Created and maintain a Veterans Service Officer Guide that is used throughout Florida INDIAN RIVER COUNTY VETERANS SERVICES CHANGES MADE IN THE LAST 2 YEARS cont. • Increased outreach within IRC working with multiple organizations to include but not limited to: AARP, Career Source, St Vincent DePaul, Veterans Council, Indian River County School System, Treasure Coast Homeless Services, Piper Aircraft, Senior Resource Association, Gold Star Mothers, and Quilts of Valor • Setup appointment system decreased Veteran wait times and ensured the county employees ran on a set schedule -issues in the past with lunch times and overtime • Manage 7 volunteers and 2 AARP funded employees to cover administrative personnel shortages within the offices • Updated file storage, moving away from paper storage to a consolidated drive with 20 plus years of information immediately available to Veteran Service Officers k - 4 Item 5.A. 11/01/2022 INDIAN RIVER COUNTY VETERANS SERVICES America's counties have a long and proud history of serving our nation's veterans, a legacy that continues to this day as we work with our federal, state and local partners to ensure that the former service members in our communities have access to the resources they need to thrive. This coming Veterans Day, the National Association of Counties (NACo) and the National Association of County Veteran Service Officers (NACVSO) invite the nation's 3,069 counties, parishes, and boroughs to join Operation Green Light and show support for veterans by lighting our buildings green from November 7 to November 13. By shining a green light, county governments and our residents will let veterans know that they are seen, appreciated and supported. Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 79 Informational Matters - B.C.0 11.01.22 Of ce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 17, 2022 SUBJECT: Beach and Shore Preservation Advisory Committee Vacancy ATTORNEY On October 17, 2022, Dave Barney submitted his resignation as a "BCC Appointee" to the Beach and Shore Preservation Advisory Committee. Dave Barney's term expires in January 2023. ATTACHMENT(S). Dave Barney's October 17, 2022 - Email Resignation OlGranicaslLegistar51L51TempldW45d7-350-427x-ab57-7e2bf641178c.docx From: Dave Barney <daveconb@gmail.com> Sent: Monday, October 17, 2022 2:05 PM To: Ed Offutt <eoffutt@ircgov.com> Subject: Resignation effective 10-17-2022 (after todays meeting) CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Ed, Please accept my resignation from the Indian River County Beach and Shore Preservation Advisory Committee effective after today's meeting (10-17-2022). It has been my pleasure to serve continuously on this advisory committee for over 22 years. Another opportunity to s as a coastal advocate has become available and I have committed myself to this new position. It has been a pleasure and an honor to work with both past and present staff and my fellow committee members. Thank You, n-64 n--- 2 Informational G November 1, 2022 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: October 20, 2022 SUBJECT: Community Champion 2022 Award The Senior Collaborative Indian River County presented the Community Champion 2022 award to the Indian River Board of County Commissioners. The award states: "For unselfish service and tireless work ensuring the safety and protection of the Seniors of Indian River County, Florida during the Covid 19 Epidemic. The dedication and concern for the senior population undoubtedly saved lives and provided lifesaving vaccines, healthcare, food assistance, transportation, and other services to the most vulnerable populations in Indian River County." The award can be viewed in the Commission office. 3 7 Indian River County Venue Event Calendar For more information go to www.ircgov.com - Event Calendar YOUTH BASKETBALL REGISTRATION NOW OPEN Registration Deadline: Dec. 5th Season starts Jan. 8th • $45 per child • Ages 4-15. North County and South County teams welcome. This is a Co -Ed Basketball program that is designed to teach the basic fundamentals of basketball, teamwork, and good sportsmanship. NEW! ADULT COED KICKBALL Season Starts Nov. 10th • $500 per team. • Co-ed Adult Kickball starting soon. Games held Thursday nights at Susan B. Adams (North County) Regional Park in Sebastian. AQUA FIT CLASSES • Tuesdays / Wednesdays / Thursdays 9:30 am —10:30 am at North County Aquatic Center. $4 / class. ➢ Fitness class that utilizes the low impact and high resistance power of the water. ➢ Aqua exercises are designed to improve cardio vascular function, tone muscles, increase balance and improve general health. ➢ Takes place on the deep end of the competition pool and is choreographed to music ranging from oldies to contemporary. Open to men and women of all ages. Floatation belts and water barbells are available for participants free of charge. iG CENTER EVENTS • Sunday • 11/6/22 - Open Gym Pickleball - 9am-12pm & 12:30-3:30pm • Monday • 11/7/22 - Commissioner O'Bryan's Final Community Meeting - 5:30-7:00 pm. • Tuesday • 11/8/22 - General Elections in the Gymnasium -7 am to 7 pm. • Friday • 11/11/22 - Closed for Veteran's Day. • Saturday • 11/12/22 - Care Net Pregnancy 38`h Annual Fall Fundraiser with Keynote Speaker, Kayleigh McEnany. Doors open at 6pm, Program 7pm - 8:30pm. Tickets can be purchased at the following link: https://secure.fundeasy.com/m inistrysync/event/home. php?e=23799 General Admission is $100. Preferred Seating is $250. • Saturday • 11/12/22 - Bob Ross Style Art Class 10:00am-12:30pm Painting the "Moonlight Ocean". Class is $59 and online registration is located at the following link: https://www.paintwithsteven.com/event- info/moonlight-ocean 0 • Thursday • 11/17/22 - Coastal Conservation Association Treasure Coast Chapter Banquet and Auction- 6pm- 10pm. For more information contact Paul Fafeita at 772.473.8475 or Jason Wilson at 772.216.3890. htt s: /ccaflorida.org/event/treasure-coast-banquet-and-auction-2/ • Sunday • 11/20/22 — Open Gym Pickleball 9am-12pm & 12:30-3:30pm. $3 • Thursday & Friday • 11/24 & 25 — Closed for Thanksgiving. INDIAN RIVER COUNTY FAIRGROUNDS VNA Drive Thru Health Fair ➢ 11/2/2022, gam — 4pm Free Event. ➢ Drive thru and get info on all types of health/medical ideas and vendors. Vero Beach Gun Show 11/5 — 11/6/2022, gam — 5pm $8 per person. Buy, sell, trade guns and gun related items. Vero Beach Arts and Craft Expo 11/12 — 11/13/2022, gam — Spm Free Event. Over 300 vendors selling various items. INDIAN RIVER COUNTY SHOOTING RANGE • Skeet and Trap under the lights! Thursday nights until 9:00 pm Regular range fees apply. Shotguns available for rent and shells available for sale. • FWC Hunter Safety Course 11/5/2022, 9am — 3pm Free! r Must have taken online course prior to registering. OPERATION GREEN LIGHT November 7-11 @ Indian River County Facilities Operation Green Light's mission is to show support for Veterans of all military conflicts, with a special emphasis on the Veterans of Iraq and Afghanistan, as well as raise awareness about the challenges faced by many Veterans and the resources that are available at the county, state, and federal level to assist Veterans and their families. Indian River County will join Operation Green Light and show support for veterans by lighting our buildings green from November 7 to November 13, By shining a green light, Indian River County Government and our residents will let veterans know that they are seen, appreciated and supported. SHINE DANCE Mondays 6pm-7pm & Saturdays 6pm-7pm@ iG Center ➢ Cost $10 — drop in or pre -registration welcome ➢ Shine Dance is a fitness class for active adults. Full body cardio and workout based in jazz, ballet and hip- hop. ➢ Call 772-226-1780 for information or pre -register at www.ircgov.com/parksand recreation PRE-SCHOOL TUMBLING 5 Fridays @ iG Center • Fridays—10:15am, 1:OOpm, and 4:OOpm. $3 per session. 7 spots available per class. ➢ Preschool tumbling is a great start for ages 4-5. Get active while having fun! In this program children ages 4-5 are taught basic tumbling skills such as forwards/backwards rolls, handstands, and cartwheels. Children will improve self-confidence, basic skills, strength, flexibility and balance. Spaces are limited sign up quickly! ➢ Register or drop! Ircgov.com/parksandrecreation ZUMBA! Mondays and Thursdays @ iG Center ➢ Mondays 9am-10am and Thursdays 6pm-7pm. Classes $10 Per Person. ➢ Join Brazilian native, Miwana Sargent, on an exhilarating, easy to follow, Latin inspired, calorie burning experience! Miwana's class offers a variety of rhythms from Latin, Soca, and Hip -Hop. ➢ Register or drop! Ircgov.com/parksandrecreation WELLNESS THROUGH QIGONG Wednesdays @ iG Center • 9:30am-10:30am. Cost $10 per class ➢ Join certified instructor Elaine Matthes through an amazing hour that will be sure to improve your physical and mental health. ➢ Qigong, pronounced "chi gong," was developed in China thousands of years ago as part of traditional Chinese medicine. It involves using exercises to optimize energy within the body, mind, and spirit, with the goal of improving and maintaining health and well-being. Qigong has both psychological and physical components and involves the regulation of the mind, breath, and body's movement and posture. AMERICAN MAH JONGG Thursdays @ iG Center • 10:OOam-12:OOpm. Cost $75 per student for four-week session ➢ Instructor Carol Dougherty will take students on a four-week journey through the world of American Mahjongg. This class is intended for brand new players that would like to learn the game and would like an experienced instructor to guide you to success. ➢ American mahjong is played with four players using mah Jongg tiles. The goal of the game is to be the first, by picking and discarding, to match one's tiles to a specific hand from the annually distributed scorecard published by the National Mah Jongg League (NMJL). Experienced Mah Jongg players are welcome to attend Tuesdays 10am-fpm and Thursdays fpm-3pm @ iG $2 per session ➢ Pre -registration is required. Contact us at 772-226-1780 for more info! NEW! PICKLEBALL FOR TEENS OPEN GYM November 5 • 19 • 26 • December 2 • 3 • 9 • 10 4pm-7pm @ iG Center ➢ 4pm-7pm. Cost $3 per student underwritten by community sponsorships —sponsorships are provided by Youth on a Mission and Kiwanis Club ➢ This new open gym is open to teens only. Community sponsors are generously underwriting the open gym fee for each participant. Come for a fun night out with friends on Friday and Saturday evenings to learn and play pickleball! 6 Call 772-226-1780 for more information or register online at ircgov.com/parksandrecreation LIVING BY THE STREAM- CHRISTMAS CONCERT Nov 29 @ Brackett Library • 6 pm — 7 pm. Free Event! Living by the Stream creates a new and unique musical style entirely it's own by harnessing the tones of violin, guitar, and vocals into a colorful amalgam of sound imbued with joy and wonder! For more information go to libraries.ircgov.com FILED 10/21/2022 DOCUMENT NO. 09313-2022 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for rate increase by Florida DOCKET NO. 20210015 -El Power & Light Company. ORDER NO. PSC-2022-0358-FOF-EI ISSUED: October 21, 2022 The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman GARY F. CLARK MIKE LA. ROSA GABRIELLA PASSIDOMO APPEARANCES MARIA J. MONCADA, ESQUIRE, Managing Attorney, Florida Power & Light Company, 700 Universe Boulevard, Juno Beach, FL 33408 On behalf of Florida Power & Light Company (FPL). RICHARD GENTRY, Public Counsel, and PATTY CHRISTENSEN, ESQUIRES; Office of Public Counsel, c/o The Florida Legislature, 111 West Madison Street, Room 812, Tallahassee, Florida 32399-1400 On behalf of Office of the Public Counsel (OPQ. ROBERT SCHEFFEL WRIGHT and JOHN T. LAVIA, III, ESQUIRES, Gardner, Bist, Bowden, Dee, LaVia, Wright, Perry & Harper, P.A., 1300 Thomaswood Drive, Tallahassee, Florida 32308 On behalf of Floridians Against Increased Rates, Inc. (FAIR). JAMES W. BREW, ESQUIRE, Stone Mattheis Xenopoulos & Brew, PC, 1.025 Thomas Jefferson Street, NW, Eighth Floor, West Tower, Washington, D.C. 20007 On behalf of Florida Retail Federation (FRF. BRADLEY MARSHALL and JORDAN LUEBKEMANN, ESQUIRES, Earthjustice, 111 S. Martin Luther King Jr. Blvd., Tallahassee, Florida 32301 and CHRISTINA I. R:EICHERT, ESQUIRE, Earthjustice, 4500 Biscayne Blvd., Ste. 201, Miami, Florida 33137 On behalf of Florida Rising, Inc., League of United Latin American Citizens of Florida, and Environmental Confederation of Southwest Florida, Inc. (Fla. Rising, LULAC, ECOSWF). NATHAN A. SKOP, ESQUIRE, 420 NW 50th Boulevard, Gainesville, FL 32607 On behalf of Alexandria Larson (Larson. ORDER NO. PSC-2022-0358-FOF-EI DOCKET NO. 20210015 -El PAGE 2 GEORGE CAVROS, ESQUIRE, Southern Alliance for Clean Energy, 120 E. Oakland Park Blvd., Suite 105, Fort Lauderdale, FL 33334 On behalf of Southern Alliance for Clean Energy (SACE). SUZANNE BROWNLESS and SHAW P. STILLER, ESQUIRES, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399- 0850 On behalf of the Florida Public Service Commission (Staff). MARY ANNE HELTON, ESQUIRE, Deputy General Counsel, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399- 0850 Advisor to the Florida Public Service Commission. KEITH C. HETRICK, ESQUIRE, General Counsel, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 Florida Public Service Commission General Counsel. ORDER IMPLEMENTING FLORIDA POWER & LIGHT COMPANY'S RETURN ON EQUITY TRIGGER BY THE COMMISSION: BACKGROUND On August 23, 2022, Florida Power & Light Company (FPL or Company) filed a Notice of Triggering Revised Authorized Return on Equity (Notice) stating that pursuant to the terms of its 2021 Settlement Agreement,' as amended by Order No. PSC -2021 -0446A -S -EI, it was increasing its return on equity (ROE) to 10.8 percent and ROE range to 9.8 percent to 11.8 percent, effective September 1, 2022. Sections 3(b) and (c) of the 2021 Settlement Agreement state as follows: (b) If at any time during the Term, but no more than once during the Term, the average 30 -year United States Treasury Bond yield rate for any period of six (6) consecutive months is at least 50 basis points greater than the yield rate on the date this Agreement is filed with the Commission (the "Trigger"), FPL's authorized ROE shall, after an elective filing by FPL, be increased by 20 basis points to be within a range of 9.8% to 11.8% with a mid -point of 10.8% ("Revised Authorized ROE") from the Trigger Effective Date defined below for and through the remainder of the Minimum Term, and for any period in which the Company's rates continue in effect after December 31, 2025, and then, until the Commission ' Order No. PSC -2021 -0446 -S -EI, issued December 2, 2021, in Docket No. 20210015 -EI, In re: Petition for rate increase by Florida Power & Light Company, as amended by Order No. PSC -2021 -0446A -S -EI, issued December 9, 2021, in Docket No. 20210015 -EI, In re: Petition for rate increase by Florida Power & Light Company. ORDER NO. PSC-2022-0358-FOF-EI DOCKET NO. 20210015 -EI PAGE 3 issues a final order in a future proceeding changing the Company's rates and its authorized ROE. Base rates shall not be increased upon implementation of the trigger mechanism. The Trigger shall be calculated by summing the reported 30 - year U.S. Treasury bond rates for each day over any continuous six-month period, e.g., January 1, 2022 through July 1, 2022, or March 17, 2022 through September 17, 2022, for which rates are reported, and dividing the resulting sum by the number of reporting days in such period. The effective date of the Revised Authorized ROE ("Trigger Effective Date") shall be the first day of the month following the day in which the Trigger is reached. No later than five business days after the Commission votes to approve this 2021 Agreement, FPL shall notify the Parties of the 30 -year United States Treasury Bond yield rate as of the date this Agreement is filed with the Commission by filing in this docket proof of the rate with the Commission Clerk and serving the Parties. (c) If the Trigger is reached and the Revised Authorized ROE becomes effective, except as otherwise specifically provided in this Agreement, FPL's Revised Authorized ROE range and mid -point shall be used prospectively for all regulatory purposes, including all rates and applications pursuant to this Agreement, until the Commission issues a final order in a future general base rate proceeding changing the Company's rates and its authorized ROE. On October 27, 2021, FPL filed notice that the 30 -year United States Treasury Bond yield rate on August 10, 2021, the date of the 2021 Settlement Agreement, was 1.99 percent.2 On August 31, 2022, FPL provided its calculation of the date on which the average 30 -year U.S. Treasury Bond yield rate for a period of six (6) consecutive months was at least 50 basis points greater than the yield rate on August 10, 2021.3 Order No. PSC -2022 -0327 -PCO -EI, issued September 14, 2022, set this docket for administrative hearing on October 4, 2022. The Office of Public Counsel (OPC), Florida Industrial Power Users Group (FIPUG), Florida Retail Federation (FRF), and Southern Alliance for Clean Energy (SACE) are signatories to the 2021 Settlement Agreement. CLEO, the Federal Executive Agencies, Florida Internet & Television Association, Inc., FIPUG, and Walmart, Inc. have requested to be excused from the hearing and have represented that they take no position on FPL's request. At the October 4, 2022, administrative hearing, opening statements were waived by FPL, OPC, FRF, SACE, FAIR, and LULAC/ECOSWF/Florida Rising. The Larsons gave a brief opening statement. FPL proffered witness Scott Bores, Senior Director of Financial Planning & Analysis, to answer questions regarding FPL's request and its ROE trigger calculations. Exhibit Nos. 1-5 were admitted into the record without objection. We have jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and 366.06, Florida Statutes (F.S.). 'Document No. 12427-2021. 3 Document No. 05885-2022. ORDER NO. PSC-2022-0358-FOF-EI DOCKET NO. 20210015 -El PAGE 4 DECISION ROE Trigger On October 27, 2021, FPL filed a notice advising that the 30 -year U.S. Treasury Bond yield rate as of August 10, 2021 was 1.99 percent a We have reviewed the rates published by the U.S. Department of Treasury and confirmed that the 30 -year U.S. Treasury Bond yield rate on August 10, 2021 was 1.99 percent. On August 31, 2022, FPL filed Exhibit No. 4, the daily Treasury par yield curve rates released by the U.S. Department of Treasury for the period February 23, 2022 through August 22, 2022.5 We have reviewed the rates published by the U.S. Department of Treasury and confirmed that, by operation of math, the average 30 -year U.S. Treasury Bond yield rate for this six-month period is 2.91 percent. We have also reviewed the 30 -year U.S. Treasury yield rates published by the U.S. Treasury Department and confirmed that the ROE Trigger provisions of the 2021 Settlement Agreement have been met. Per Section 3(b) of the 2021 Settlement Agreement, if at any time during the term of the agreement the average 30 -year U.S. Treasury Bond yield rate for any period of six consecutive months is at least 50 basis points greater than the yield date on the date the agreement was filed with us (ROE Trigger), FPL's authorized return on equity (ROE) shall, after an elective filing by FPL, be increased by 20 basis points to be within a range of 9.8 percent to 11.8 percent with a midpoint of 10.8 percent.b The average 30 -year U.S. Treasury Bond yield rate for the period February 22, 2022 through August 19, 2022 of 2.91 percent is more than 50 basis points greater than the 30 -year U.S. Treasury Bond yield rate of 1.99 percent on August 10, 2021, the date the 2021 Settlement Agreement was filed with us. Thus, we have confirmed that the ROE Trigger provisions of the 2021 Settlement Agreement have been met. Return on equity Per Section 3(b) of the 2021 Settlement Agreement, if the ROE Trigger is reached, FPL's authorized ROE shall, after an elective filing by FPL, be increased by 20 basis points to be within a range of 9.8 percent to 11.8 percent with a midpoint of 10.8 percent. Section 3(b) also specifies that the effective date of the revised authorized ROE midpoint and range shall be the first day of the month following the day in which the ROE Trigger is reached. Because the ROE Trigger was reached on August 22, 2022, the effective date of the revised authorized ROE midpoint and range is September 1, 2022. Application of revised ROE Per Section 3(c) of the 2021 Settlement Agreement, the revised authorized ROE midpoint and range will be used prospectively for all regulatory purposes. However, in the Notice FPL filed on August 23, 2022, the Company stated that it would not reflect the revised authorized ROE in any of the clause recovery factors to be implemented January 2023. Instead, FPL intends to reflect the revised authorized ROE in the clause recovery true -ups that will be filed in 'Document No. 12427-2021. s Document No. 05885-2022. 6 Order No. PSC -2021 -0446 -S -EI, p.p. 26-27. 1�� ORDER NO. PSC-2022-0358-FOF-EI DOCKET NO. 20210015 -EI PAGE 5 2023 and recovered in 2024. In the same Notice, FPL also stated that it would not increase its rate for AFUDC that would normally be applied to the last four months of 2022. Pursuant to Rule 25-6.0141, F.A.C., FPL will make a separate filing to revise its AFUDC rate to be effective in 2023. Prior to the commencement of the October 4, 2022, administrative hearing, all of the parties participating in this docket agreed to proposed stipulations on all identified issues as set forth in Attachment A to this order. Based on our analysis above, we find that the stipulations are appropriate and hereby approve them. We note that these are Type 2 stipulations which occur on an issue when the utility and staff, or the utility and at least one party adversarial to the utility, agree on the resolution of the issue and the remaining parties (including staff if they do not join in the agreement) do not object to the Commission relying on the agreed language to resolve that issue in the final order. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's request to implement the return on equity trigger provision of its 2021 Settlement Agreement is hereby granted. It is further ORDERED that FPL's authorized ROE shall be increased by 20 basis points to be within a range of 9.8 percent to 11.8 percent with a midpoint of 10.8 percent effective September 1, 2022. It is further ORDERED that the revised authorized ROE will not be applied to the clause cost recovery factors to be implemented in January 2023, but will be reflected in clause recovery true - ups that will be filed in 2023 and recovered in 2024. Further, FPL's AFUDC will not be increased for the last four months of 2022. Finally, consistent with Rule 25-6.0141, Florida Administrative Code, FPL will request approval to revise its AFUDC rate to be effective in 2023. It is further ORDERED that this docket shall remain open pending resolution of the pending Florida Supreme Court appeal. Document No. 05610-2022. ORDER NO, PSC-2022-0358-FOF-El DOCKET NO. 20210015 -El PAGE 6 SBr By ORDER of the Florida Public Service Commission this 21st day of October, 2022 Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www,floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICEOF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120,569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120,68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request: 4) reconsideration of the decision by riling a motion for reconsideration with the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within fifteen (l 5) days of the issuance of this order in the form prescribed by Rule 25-22.060, Florida Administrative Code; or 2) judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the ease of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk, and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. Jacqueline Rizzo From: Commission Clerk<CommissionClerk@psc.state.fl.us> Sent: Friday, October 21, 2022 2:37 PM Subject: [External] FPSC E - service of Document NO. 09813-2022 in Docket 20210015 The document described below has been filed with the Florida Public Service Commission and issued by the Office of Commission Clerk. You are being provided this information electronically, because you are a party of record or an interested person in this docket. NOTICE: E-mail replies from this address are not monitored or read. Should you have any difficulty accessing this document, please forward this e-mail to Clerk@psc. state fl. us, explaining the problem and a Deputy Clerk will assist you. Please do not alter the subject line, as it is used for processing. _._._............... ..................... ................. - ....... ........... ....... DOCUMENT i DESCRIPTION � NO. 09813-2022 i Final Order PSC-0358-FOF-EI implementing FPL's return on equity trigger; docket to remain open. --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extrerne caution. --Warning-- Jacqueline Rizzo From: Commission Clerk<CommissionClerk@psc.state.fl.us> Sent: Monday, October 24, 2022 3:43 PM Subject: [External] FPSC E - service of Document NO. 10035-2022 in Docket 20210015 The document described below has been filed with the Florida Public Service Commission and issued by the Office of Commission Clerk. You are being provided this information electronically, because you are a party of record or an interested person in this docket. NOTICE: E-mail replies from this address are not monitored or read. Should you have any difficulty accessing this document, please forward this e-mail to Clerk@psc.state.jl. us, explaining the problem and a Deputy Clerk will assist you. Please do not alter the subject line, as it is used for processing. ........ ............... . DOCUMENT DESCRIPTION NO. Amended final Order PSC-2022-0358A-FOF-EI implementing FPL's return on equity 10035-2022 trigger; Order PSC-2022-0358-FOF-EI is amended to correct the proposed stipulations found in Attachment A; Order 2022-0358-FOF-EI is reaffirmed in all other respects not inconsistent with this order. --Warning-- This email. was sent to you by someone outside ofthe Clerk's Office. Beware; that any link or attachment that you open may cause harin to the organization at)d should. be handled with extreme cauti.c ll --Warning-- i r-ILLU IUI/-+/ZUZZ DOCUMENT NO, 10035-2022 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for rate increase by Florida DOCKET NO. 20210015 -El Power & Light Company. ORDER NO, PSC-2022-0358A-FOF-El I ISSUED: October 24, 2022 AMENDED ORDER IMPLEMENTING FLORIDA POWER & LIGI IT COMPANY'S RETURN ON EQUITY TRIGGER BYTHF, COMMISSION: On October 21, 2022, Order No. PSC-2022-0358-FOF-El was issued granting Florida Power & Light Company's (FPL) request to implement the return on equity trigger provision of its 2021 Settlement Agreement. Due to a scrivener's error, the Proposed Stipulations stated in Attachment A to that order were incorrect. Therefore, Order No. PSC-2022-0358-FOF-El is amended to substitute the correct Proposed Stipulations, as found in admitted Exhibit 5, and attached hereto. Based on the foregoing, it is ORDERED that Order No. PSC-2022-0358-FOF-El is hereby amended to correct the Proposed Stipulations found in Attachment A. It is further ORDERED that Order No. 2022-0358-FOF-El is reaffirmed in all other respects not inconsistent with this order. By ORDER of the Florida Public Service Commission this 24th day of October, 2022, ADAM J."" ITZ�NN Commi rn, Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.corn Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. W 1' I ORDER NO. PSC-2022-0358A-FOF-EI DOCKET NO. 20210015 -El 17:T"A ATTACHMENT A BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for rate increase by Florida DOCKET NO. 20210015 -EI Power & Light Company. PROPOSED STIPULATIONS ISSUE 1: What was the 30 -year U. S. Treasury Bond yield rate as of August 10, 2021, the date of the 2021 Settlement Agreement? Stipulation: The 30 -year U.S. Treasury Bond yield rate on August 10, 2021 was 1.99 percent. ISSUE 2: What is the average 30 -year U. S. Treasury Bond yield rate for the six-month period February 22, 2022 through August 19, 2022? Stipulation: The average 30 -year U.S. Treasury Bond yield rate for the period February 22, 2022 through August 19, 2022 is 2.91 percent. ISSUE 3: Have the conditions stated in Section 3(b) of FPL's Commission -approved 2021 Settlement Agreement been met to implement the agreed upon revision of FPL's authorized ROE? Stipulation: The effectiveness of the trigger provisions in Section 3 of the 2021 Settlement Agreement is contingent upon the continuing validity and effectiveness of Order No. PSC -2021 -0446 -S -EI, as amended by Order No. PSC -2021 -0446A -S -EI, which is presently on appeal at the Florida Supreme Court. Subject to this condition, the parties stipulate as follows: Yes. For a period of six consecutive months following the date of filing of the Settlement Agreement, the average U.S. Treasury Bond yield rate has been at least 50 basis points greater than the yield rate on the date the Agreement was filed. In addition, FPL has made the elective filing necessary to implement the agreed upon revision to FPL's authorized ROE. ISSUE 4: If the conditions allowing the agreed upon revision to FPL's authorized ROE pursuant to the Commission -approved 2021 Settlement Agreement have been met, what is the revised authorized ROE range, ROE midpoint, and effective date pursuant to Section 3(b) of the 2021 Settlement Agreement? Stipulation: The effectiveness of the trigger provisions in Section 3 of the 2021 Settlement Agreement is contingent upon the continuing validity and effectiveness of Order No. PSC -2021 -0446 -S -EI, as amended by Order No. PSC -2021 -0446A -S -EI, T- 0 ORDER NO. PSC-2022-0358A-FOF-EI DOCKET NO. 20210015 -EI PAGE 3 which is presently on appeal at the Florida Supreme Court. Subject to this condition, the parties stipulate as follows: Per Section 3(b) of the 2021 Settlement Agreement, FPL's revised authorized ROE is increased by 20 basis points to be within a range of 9.8 to 11.8 percent with a midpoint of 10.8 percent effective September 1, 2022. ISSUE 5: If the trigger provisions of the 2021 Settlement Agreement are met, to what regulatory mechanisms will the revised authorized ROE range and midpoint be applied? Stipulation: The effectiveness of the trigger provisions in Section 3 of the 2021 Settlement Agreement is contingent upon the continuing validity and effectiveness of Order No. PSC -2021 -0446 -S -EI, as amended by Order No. PSC -2021 -0446A -S -EI, which is presently on appeal at the Florida Supreme Court. Subject to this condition, the parties stipulate as follows: Section 3(c) of the 2021 Settlement Agreement states that the revised authorized ROE midpoint and range will be used prospectively for all regulatory purposes. However, at FPL's request, the revised authorized ROE will not be applied to the clause cost recovery factors to be implemented in January 2023, but will be reflected in clause recovery true -ups that will be filed in 2023 and recovered in 2024. Further, FPL has requested that its rate for Allowance for Funds Used During Construction (AFUDC) not be increased for the last four months of 2022. Consistent with Rule 25-6.0141, Florida Administrative Code, FPL will request approval to revise its AFUDC rate to be effective in 2023. ISSUE 6: Should this docket be closed? Stipulation: No, this docket is currently on appeal at the Florida Supreme Court and shall remain open pending resolution of the appeal. C:20210015.stipulation4sbr 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 22, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 16, 2022 to September 22, 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 16, 2022 to September 22, 2022. 8 �!J CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 427800 09/16/2022 NORTH CAROLINA CHILD SUPPORT 105.69 427801 09/16/2022 NORTH CAROLINA CHILD SUPPORT 55.38 427802 09/16/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 427803 09/16/2022 NORTH DAKOTA CHILD SUPPORT 228.47 427804 09/22/2022 RICOH USA INC 113.20 427805 09/22/2022 AT&T WIRELESS 157.38 427806 09/22/2022 AT&T WIRELESS 527.37 427807 09/22/2022 AT&T WIRELESS 175.66 427808 09/22/2022 AT&T WIRELESS 20.16 427809 09/22/2022 AT&T WIRELESS 25.24 427810 09/22/2022 EDLUND DRITENBAS BINKLEY ARCHITECTS 13,502.84 427811 09/22/2022 CLERK OF CIRCUIT COURT 62.50 427812 09/22/2022 INTERNATIONAL GOLF MAINTENANCE INC 101,775.60 427813 09/22/2022 FEDERAL EXPRESS CORP 9.10 427814 09/22/2022 STATE ATTORNEY 8,719.19 427815 09/22/2022 CELICO PARTNERSHIP 5,536.47 427816 09/22/2022 FLORIDA RURAL LEGAL SERVICES INC 5,172.95 427817 09/22/2022 MBV ENGINEERING INC 2,398.69 427818 09/22/2022 JONES EDMUNDS AND ASSCOIATES INC 3,550.07 427819 09/22/2022 ATLANTIC ROOFING 11 OF VERO BEACH INC 69,021.74 427820 09/22/2022 NAPIER & ROLLIN PLLC 270.00 427821 09/22/2022 THE TRANSIT GROUP INC 13,202.92 427822 09/22/2022 ANFIELD CONSULTING GROUP INC 10,000.00 427823 09/22/2022 CENTERLINE UTILITIES INC 401,159.47 427824 09/22/2022 UNDERWATER ENGINEERING SERVICES INC 118,928.00 427825 09/22/2022 WITT O'BRIEN'S LLC 310.00 427826 09/22/2022 GARBER FORD INC 84,981.00 427827 09/22/2022 J -MAC CLEANING SERVICES INC 4,833.33 427828 09/22/2022 CLEAN SPACE INC 15,530.91 427829 09/22/2022 KIB CONSTRUCTION CORP 21,950.00 427830 09/22/2022 GRAY MATTER SYSTEMS LLC 14,994.80 427831 09/22/2022 SPIEZLE ARCHITECTURAL GROUP INC 675.00 427832 09/22/2022 ACP FACILITY SERVICES 11,736.91 427833 09/22/2022 VARIVERGE LLC 3,622.14 427834 09/22/2022 EUGENIA Z RODRIGUEZ 180.00 427835 09/22/2022 UTIL REFUNDS 66.30 427836 09/22/2022 UTIL REFUNDS 43.21 427837 09/22/2022 UTIL REFUNDS 56.30 427838 09/22/2022 UTIL REFUNDS 47.48 427839 09/22/2022 UTIL REFUNDS 57.07 427840 09/22/2022 UTIL REFUNDS 144.56 427841 09/22/2022 UTIL REFUNDS 66.37 427842 09/22/2022 UTIL REFUNDS 10.61 427843 09/22/2022 UTIL REFUNDS 27.79 427844 09/22/2022 UTIL REFUNDS 10.56 427845 09/22/2022 UTIL REFUNDS 45.92 427846 09/22/2022 UTIL REFUNDS 46.70 427847 09/22/2022 UTIL REFUNDS 51.43 427848 09/22/2022 UTIL REFUNDS 39.81 427849 09/22/2022 UTIL REFUNDS 39.22 427850 09/22/2022 UTIL REFUNDS 11.84 427851 09/22/2022 UTIL REFUNDS 9.69 427852 09/22/2022 UTIL REFUNDS 5.94 427853 09/22/2022 UTIL REFUNDS 60.13 427854 09/22/2022 UTIL REFUNDS 90.10 427855 09/22/2022 UTIL REFUNDS 30.22 427856 09/22/2022 UTIL REFUNDS 57.20 427857 09/22/2022 UTIL REFUNDS 42.91 9 TRANS NBR DATE VENDOR AMOUNT 427858 09/22/2022 UTIL REFUNDS 18.76 427859 09/22/2022 UTIL REFUNDS 37.47 427860 09/22/2022 UTIL REFUNDS 91.04 427861 09/22/2022 UTIL REFUNDS 44.54 427862 09/22/2022 UTIL REFUNDS 57.76 427863 09/22/2022 UTIL REFUNDS 2.54 427864 09/22/2022 UTIL REFUNDS 34.64 427865 09/22/2022 UTIL REFUNDS 42.24 427866 09/22/2022 UTIL REFUNDS 35.18 427867 09/22/2022 UTIL REFUNDS 40.12 427868 09/22/2022 UTIL REFUNDS 67.18 427869 09/22/2022 UTIL REFUNDS 167.64 427870 09/22/2022 UTIL REFUNDS 33.81 427871 09/22/2022 UTIL REFUNDS 41.10 427872 09/22/2022 UTIL REFUNDS 18.10 427873 09/22/2022 UTIL REFUNDS 33.06 427874 09/22/2022 UTIL REFUNDS 10.15 427875 09/22/2022 UTIL REFUNDS 19.60 427876 09/22/2022 UTIL REFUNDS 61.34 427877 09/22/2022 UTIL REFUNDS 81.53 427878 09/22/2022 UTIL REFUNDS 74.54 427879 09/22/2022 UTIL REFUNDS 63.03 427880 09/22/2022 UTIL REFUNDS 49.18 427881 09/22/2022 UTIL REFUNDS 33.32 427882 09/22/2022 UTIL REFUNDS 85.93 427883 09/22/2022 UTIL REFUNDS 57.52 427884 09/22/2022 UTIL REFUNDS 47.44 427885 09/22/2022 UTIL REFUNDS 28.47 427886 09/22/2022 UTIL REFUNDS 87.40 427887 09/22/2022 UTIL REFUNDS 76.41 427888 09/22/2022 UTIL REFUNDS 27.06 427889 09/22/2022 UTIL REFUNDS 46.33 427890 09/22/2022 UTIL REFUNDS 65.80 427891 09/22/2022 UTIL REFUNDS 69.51 427892 09/22/2022 UTIL REFUNDS 27.96 427893 09/22/2022 UTIL REFUNDS 78.41 427894 09/22/2022 UTIL REFUNDS 14.72 427895 09/22/2022 UTIL REFUNDS 114.66 427896 09/22/2022 UTIL REFUNDS 73.48 427897 09/22/2022 UTIL REFUNDS 83.80 427898 09/22/2022 UTIL REFUNDS 58.33 427899 09/22/2022 UTIL REFUNDS 4.01 427900 09/22/2022 UTIL REFUNDS 1.24 427901 09/22/2022 UTIL REFUNDS 22.72 427902 09/22/2022 UTIL REFUNDS 82.16 427903 09/22/2022 UTIL REFUNDS 67.93 427904 09/22/2022 UTIL REFUNDS 53.68 427905 09/22/2022 UTIL REFUNDS 9.67 427906 09/22/2022 UTIL REFUNDS 29.54 427907 09/22/2022 UTIL REFUNDS 85.93 427908 09/22/2022 UTIL REFUNDS 90.44 427909 09/22/2022 UTIL REFUNDS 84.13 427910 09/22/2022 UTIL REFUNDS 26.18 427911 09/22/2022 UTIL REFUNDS 52.13 427912 09/22/2022 UTIL REFUNDS 39.91 427913 09/22/2022 UTIL REFUNDS 179.86 427914 09/22/2022 UTIL REFUNDS 56.12 427915 09/22/2022 UTIL REFUNDS 68.45 427916 09/22/2022 UTIL REFUNDS 138.31 427917 09/22/2022 UTIL REFUNDS 30.68 10 TRANS NBR DATE VENDOR AMOUNT 427918 09/22/2022 UTIL REFUNDS 22.12 427919 09/22/2022 UTIL REFUNDS 43.36 427920 09/22/2022 UTIL REFUNDS 88.50 427921 09/22/2022 UTIL REFUNDS 20.29 427922 09/22/2022 UTIL REFUNDS 70.11 427923 09/22/2022 UTIL REFUNDS 7.52 427924 09/22/2022 UTIL REFUNDS 7.68 427925 09/22/2022 UTIL REFUNDS 49.06 427926 09/22/2022 UTIL REFUNDS 91.04 427927 09/22/2022 UTIL REFUNDS 30.35 427928 09/22/2022 UTIL REFUNDS 86.83 427929 09/22/2022 UTIL REFUNDS 80.20 427930 09/22/2022 UTIL REFUNDS 45.27 427931 09/22/2022 UTIL REFUNDS 45.63 427932 09/22/2022 UTIL REFUNDS 65.24 427933 09/22/2022 UTIL REFUNDS 34.06 427934 09/22/2022 UTIL REFUNDS 19.30 427935 09/22/2022 UTIL REFUNDS 18.18 427936 09/22/2022 UTIL REFUNDS 89.49 427937 09/22/2022 UTIL REFUNDS 10.06 427938 09/22/2022 UTIL REFUNDS 24.49 427939 09/22/2022 UTIL REFUNDS 30.64 427940 09/22/2022 UTIL REFUNDS 36.72 427941 09/22/2022 UTIL REFUNDS 60.43 427942 09/22/2022 UTIL REFUNDS 32.91 427943 09/22/2022 UTIL REFUNDS 147.75 427944 09/22/2022 UTIL REFUNDS 59.86 427945 09/22/2022 UTIL REFUNDS 39.82 427946 09/22/2022 UTIL REFUNDS 36.38 427947 09/22/2022 UTIL REFUNDS 69.51 427948 09/22/2022 UTIL REFUNDS 29.39 427949 09/22/2022 UTIL REFUNDS 7.99 427950 09/22/2022 UTIL REFUNDS 6.59 427951 09/22/2022 UTIL REFUNDS 38.85 427952 09/22/2022 UTIL REFUNDS 55.28 427953 09/22/2022 UTIL REFUNDS 15.69 427954 09/22/2022 UTIL REFUNDS 67.72 427955 09/22/2022 UTIL REFUNDS 198.53 427956 09/22/2022 UTIL REFUNDS 41.95 427957 09/22/2022 UTIL REFUNDS 42.95 427958 09/22/2022 UTIL REFUNDS 46.64 427959 09/22/2022 UTIL REFUNDS 82.91 427960 09/22/2022 UTIL REFUNDS 4.67 427961 09/22/2022 UTIL REFUNDS 54.82 427962 09/22/2022 UTIL REFUNDS 18.15 427963 09/22/2022 UTIL REFUNDS 3.58 427964 09/22/2022 UTIL REFUNDS 19.71 427965 09/22/2022 UTIL REFUNDS 21.71 427966 09/22/2022 UTIL REFUNDS 56.54 427967 09/22/2022 UTIL REFUNDS 4.93 427968 09/22/2022 UTIL REFUNDS 3.93 427969 09/22/2022 UTIL REFUNDS 53.44 427970 09/22/2022 UTIL REFUNDS 27.68 427971 09/22/2022 UTIL REFUNDS 59.43 427972 09/22/2022 UTIL REFUNDS 865.51 427973 09/22/2022 UTIL REFUNDS 127.25 427974 09/22/2022 UTIL REFUNDS 26.25 427975 09/22/2022 UTIL REFUNDS 37.36 427976 09/22/2022 UTIL REFUNDS 72.44 427977 09/22/2022 UTIL REFUNDS 37.61 11 TRANS NBR DATE VENDOR AMOUNT 427978 09/22/2022 UTIL REFUNDS 91.20 427979 09/22/2022 TEN -8 FIRE EQUIPMENT INC 9,975.68 427980 09/22/2022 VERO CHEMICAL DISTRIBUTORS INC 2,269.75 427981 09/22/2022 RICOH USA INC 142.65 427982 09/22/2022 HENRY SCHEIN INC 1,019.26 427983 09/22/2022 SAFETY PRODUCTS INC 1,880.15 427984 09/22/2022 E -Z BREW COFFEE & BOTTLE WATER SVC 168.00 427985 09/22/2022 INDIAN RIVER BATTERY 583.20 427986 09/22/2022 GRAINGER 53.33 427987 09/22/2022 WILD LAND ENTERPRISES INC 21.80 427988 09/22/2022 LFI FORT PIERCE INC 641.56 427989 09/22/2022 BOUND TREE MEDICAL LLC 4,591.62 427990 09/22/2022 TIRESOLES OF BROWARD INC 1,462.00 427991 09/22/2022 ENNIS-FLINT INC 644.50 427992 09/22/2022 INDIAN RIVER COUNTY HEALTH DEPT 70.00 427993 09/22/2022 CITY OF VERO BEACH 733.09 427994 09/22/2022 UNITED STATES POSTAL SERVICE 4,138.00 427995 09/22/2022 TREASURE COAST HOMELESS SERVICES 1,274.07 427996 09/22/2022 FEDERAL EXPRESS CORP 146.81 427997 09/22/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 355.98 427998 09/22/2022 FAMOSO INC 739.60 427999 09/22/2022 FLORIDA POWER AND LIGHT 13,749.48 428000 09/22/2022 CATHOLIC CHARITIES DIOCESE OF PALM BCH 5,470.19 428001 09/22/2022 COMPLETE ELECTRIC INC 744.30 428002 09/22/2022 TREASURE COAST SPORTS COMMISSION INC 2,375.00 428003 09/22/2022 G K ENVIRONMENTAL INC 4,075.00 428004 09/22/2022 JOHN BROWN & SONS INC 9,975.00 428005 09/22/2022 IRONSIDE PRESS LLC 45.11 428006 09/22/2022 MIDWEST MOTOR SUPPLY CO 191.40 428007 09/22/2022 RECHTIEN INTERNATIONAL TRUCKS 1,104.51 428008 09/22/2022 ST LUCIE COUNTY BOCC 111,601.00 428009 09/22/2022 HULETT ENVIRONMENTAL SERVICES 625.50 428010 09/22/2022 U S BANK NATIONAL ASSOCIATION 944.69 428011 09/22/2022 SOUTHERN JANITOR SUPPLY INC 1,449.77 428012 09/22/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 446.54 428013 09/22/2022 SOUTHEAST POWER SYSTEMS OF ORLANDO 2,219.59 428014 09/22/2022 VERO BEACH PARTNERSHIP 200.00 428015 09/22/2022 NEWSOM OIL COMPANY 852.50 428016 09/22/2022 CARDINAL HEALTH 110 INC 2,985.44 428017 09/22/2022 MUNICIPAL EMERGENCY SERVICES INC 994.90 428018 09/22/2022 MUNICIPAL EMERGENCY SERVICES INC 5,184.17 428019 09/22/2022 SAMBA HOLDINGS INC 1,592.09 428020 09/22/2022 THE TRANSIT GROUP INC 2,088.00 428021 09/22/2022 UNIFIRST CORPORATION 561.63 428022 09/22/2022 CDA SOLUTIONS INC 15,437.62 428023 09/22/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 368.36 428024 09/22/2022 GOTTA GO GREEN ENTERPISES INC 301.08 428025 09/22/2022 BARSALOU VENTURES LLC 96.95 428026 09/22/2022 ADVANCE STORES COMPANY INCORPORATED 282.86 428027 09/22/2022 CROSSOVER MISSION INC 7,083.00 428028 09/22/2022 WURTH USA INC 89.29 428029 09/22/2022 EAST COAST RECYCLING INC 600.00 428030 09/22/2022 COLE AUTO SUPPLY INC 598.89 428031 09/22/2022 RHOADES AIR & HEAT 115.00 428032 09/22/2022 BETH NOLAN 102.00 428033 09/22/2022 DIRECTV GROUP INC 96.14 428034 09/22/2022 AMAZON CAPITAL SERVICES INC 1,954.41 428035 09/22/2022 TREASURE COAST PLUMBING LLC 1,380.00 428036 09/22/2022 PACE ANALYTICAL SERVICES LLC 226.80 428037 09/22/2022 AMERIGAS PROPANE LP 1,123.39 4 12 TRANS NBR DATE VENDOR AMOUNT 428038 09/22/2022 JORDAN POWER EQUIPMENT CORP 847.40 428039 09/22/2022 MULLINAX FORD OF VERO BEACH 1,447.95 428040 09/22/2022 JUDITH A BURLEY 268.50 428041 09/22/2022 R&S RADIO LLC 200.00 428042 09/22/2022 EFLASH NEWSLETTERS LLC 125.00 428043 09/22/2022 BLUE GOOSE CONSTRUCTION LLC 2,924.09 428044 09/22/2022 STAPLES INC 1,909.37 428045 09/22/2022 LOWES COMPANIES INC 1,975.29 428046 09/22/2022 SPORTS ENGINE INC 111.00 428047 09/22/2022 QUADMED INC 7,751.15 428048 09/22/2022 BRITTON INDUSTRIES INC 327.67 428049 09/22/2022 CW ROBERTS CONTRACTING INC 93,835.59 428050 09/22/2022 JUNIPER LANDSCAPING OF FLORIDA LLC 7,298.00 428051 09/22/2022 HIREQUEST LLC 3,871.68 428052 09/22/2022 VETERAN FIRE SERVICES INC 225.00 428053 09/22/2022 GOMEZ BROTHERS CONTRACT SERVICES 783.00 428054 09/22/2022 CRYSTAL MCANELLY DIVERS 15.00 428055 09/22/2022 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 428056 09/22/2022 KERNER LLC 8,250.00 428057 09/22/2022 LISA ARLENE COBURN 40.00 428058 09/22/2022 MIWANA SARGENT 20.00 428059 09/22/2022 GULF MATERIALS SALES LLC 975.00 428060 09/22/2022 VARIVERGE LLC 18,415.34 428061 09/22/2022 MITCH HAMBRICK 3,328.00 428062 09/22/2022 MICHAEL WYATT 50.00 428063 09/22/2022 MICHAEL ZITO 298.54 428064 09/22/2022 ELIZABETH POWELL 120.25 428065 09/22/2022 WENDY SWINDELL 95.00 428066 09/22/2022 DAVID SMITH 114.00 428067 09/22/2022 NICHOLAS CASALINA 203.92 428068 09/22/2022 SUSAN ADAMS 107.35 428069 09/22/2022 MICHAEL COLLINS 266.72 428070 09/22/2022 CHRISTOPHER HANSON 150.00 428071 09/22/2022 RICK DUNKERLEY 150.00 428072 09/22/2022 JOSEPH TILTON 114.00 428073 09/22/2022 AMERICAN INSTITUTE FOR CHARTERED PROPERTY 403.75 428074 09/22/2022 JOHN STOLL 159.79 428075 09/22/2022 WILLIAM COLLINS 166.26 428076 09/22/2022 BENJAMIN COSLETT 108.00 428077 09/22/2022 SARAH EISWERTH 114.00 428078 09/22/2022 DREW JURAD 114.00 428079 09/22/2022 GUSTAVO VERGARA 114.00 428080 09/22/2022 PAIGE DEVLING 114.00 428081 09/22/2022 MASON KOZAC 1,701.55 428082 09/22/2022 JOSE VEGA 31.15 Grand Total: 1,314,838.19 `K ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019958 09/16/2022 OFFICE DEPOT INC 720.30 1019959 09/16/2022 COMCAST 657.40 1019960 09/16/2022 WASTE MANAGEMENT INC OF FLORIDA 2,519.68 1019961 09/22/2022 PARKS RENTAL & SALES INC 89.00 1019962 09/22/2022 INDIAN RIVER OXYGEN INC 109.90 1019963 09/22/2022 MIKES GARAGE & WRECKER SERVICE INC 175.00 1019964 09/22/2022 GALLS LLC 564.28 1019965 09/22/2022 MEEKS PLUMBING INC 360.00 1019966 09/22/2022 IRRIGATION CONSULTANTS UNLIMITED INC 3,451.65 1019967 09/22/2022 PRIDE ENTERPRISES 3,558.55 1019968 09/22/2022 STRYKER SALES CORP 4,851.00 1019969 09/22/2022 NEXAIR LLC 67.34 1019970 09/22/2022 EFE INC 3,959.95 1019971 09/22/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 647.06 1019972 09/22/2022 FIRST HOSPITAL LABORATORIES INC 420.00 Grand Total: 22,151.11 14 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9881 09/16/2022 FL SDU 3,314.24 9882 09/16/2022 EDH HOLDINGS LLC 118.17 9883 09/16/2022 FIDELITY SECURITY LIFE INSURANCE COMPANY 102.86 9884 09/16/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 84,041.86 9885 09/16/2022 TEAMSTERS LOCAL UNION #769 4,997.00 9886 09/16/2022 IRC FIRE FIGHTERS ASSOC 9,829.40 9887 09/16/2022 FLORIDA DEPARTMENT OF REVENUE 2,388.33 9888 09/16/2022 FLORIDA DEPARTMENT OF REVENUE 997.88 9889 09/16/2022 FLORIDA DEPARTMENT OF REVENUE 13,435.57 9890 09/16/2022 FLORIDA DEPARTMENT OF REVENUE 1,862.83 9891 09/19/2022 IRS -PAYROLL TAXES 507,321.63 9892 09/19/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 10,746.35 9893 09/19/2022 MUTUAL OF OMAHA 2,688.75 9894 09/20/2022 CLERK OF CIRCUIT COURT 51,793.65 9895 09/20/2022 INDIAN RIVER COUNTY SHERIFF 208,934.65 9896 09/20/2022 INDIAN RIVER COUNTY SHERIFF 48,398.40 9897 09/20/2022 SENIOR RESOURCE ASSOCIATION 462,624.32 9898 09/20/2022 INDIAN RIVER COUNTY SHERIFF 42,513.07 9899 09/22/2022 HUMANE SOCIETY 43,000.00 9900 09/22/2022 HALLEY ENGINEERING CONTRACTORS INC 503,610.07 9901 09/22/2022 TIMOTHY ROSE CONTRACTING INC 26,100.77 9902 09/22/2022 VEROTOWN LLC 7,500.00 Grand Total: 2,036,319.80 15 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127 1h 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 29, 2022 comp U � a� 9 p 211" COUN\yi SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 23, 2022 to September 29, 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 23, 2022 to September 29, 2022. 16 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 428083 09/23/2022 AT&T WIRELESS 172.92 428084 09/23/2022 CITY OF FELLSMERE 173.00 428085 09/23/2022 CUSTOM WELDING DIVERSIFIED INC 97,326.00 428086 09/23/2022 PORT CONSOLIDATED INC 847.52 428087 09/23/2022 SSES INC 1,028.73 428088 09/23/2022 VERO CHEMICAL DISTRIBUTORS INC 312.70 428089 09/23/2022 PARALEE COMPANY INC 690.90 428090 09/23/2022 INDIAN RIVER BATTERY 338.50 428091 09/23/2022 GRAINGER 221.30 428092 09/23/2022 GRAYBAR ELECTRIC CO INC 2,445.61 428093 09/23/2022 HACH CO 622.25 428094 09/23/2022 LFI FORT PIERCE INC 989.67 428095 09/23/2022 DELL MARKETING LP 2,307.88 428096 09/23/2022 BARNEYS PUMP INC 20,750.00 428097 09/23/2022 NORTHERN SAFETY CO INC 41.35 428098 09/23/2022 PING INC 609.23 428099 09/23/2022 CLERK OF CIRCUIT COURT 1,612.75 428100 09/23/2022 INDIAN RIVER ALL FAB INC 840.00 428101 09/23/2022 JANITORIAL DEPOT OF AMERICA INC 227.72 428102 09/23/2022 ACUSHNET COMPANY 155.40 428103 09/23/2022 FEDERAL EXPRESS CORP 7.91 428104 09/23/2022 TYLER TECHNOLOGIES INC 10,564.72 428105 09/23/2022 FLORIDA POWER AND LIGHT 1,843.12 428106 09/23/2022 HULETT ENVIRONMENTAL SERVICES 63.00 428107 09/23/2022 SYNAGRO-WWT INC 60,619.23 428108 09/23/2022 THE SHERWIN WILLIAMS CO 98.79 428109 09/23/2022 MASTELLER & MOLER INC 3,175.00 428110 09/23/2022 1 ST FIRE & SECURITY INC 75.00 428111 09/23/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 119.48 428112 09/23/2022 PETER J CASSARA 6,850.00 428113 09/23/2022 MARINCO BIOASSAY LABORATORY INC 8,920.00 428114 09/23/2022 BERMUDA SANDS APPAREL LLC 2,312.65 428115 09/23/2022 STEWART & STEVENSON FDDA LLC 7,940.60 428116 09/23/2022 CHEMTRADE CHEMICALS CORPORTATION 7,702.21 428117 09/23/2022 TRINOVA -FLORIDA INC 2,709.47 428118 09/23/2022 SYLIVIA MILLER 1,509.00 428119 09/23/2022 CATHEDRAL CORPORATION 2,879.32 428120 09/23/2022 UNIFIRST CORPORATION 772.87 428121 09/23/2022 MATHESON TRI -GAS INC 2,951.00 428122 09/23/2022 COLE AUTO SUPPLY INC 1,256.96 428123 09/23/2022 KONICA MINOLTA BUSINESS SOLUTIONS 342.10 428124 09/23/2022 ENVIRONMENTAL OPERATING SOLUTION INC 19,294.88 428125 09/23/2022 CORE & MAIN LP 25,180.59 428126 09/23/2022 WOERNER AGRIBUSINESS LLC 92.00 428127 09/23/2022 E -BUILDER INC 45,843.83 428128 09/23/2022 AMAZON CAPITAL SERVICES INC 1,738.91 428129 09/23/2022 PACE ANALYTICAL SERVICES LLC 604.80 428130 09/23/2022 METROPOLITAN COMMUNICATION SERVICES INC 385.50 428131 09/23/2022 DESK SPINCO INC 318.06 428132 09/23/2022 FERGUSON US HOLDINGS INC 247.90 428133 09/23/2022 LOWES COMPANIES INC 56.84 428134 09/23/2022 JLA GEOSCIENCES INC 4,800.00 428135 09/23/2022 HIREQUEST LLC 910.08 428136 09/23/2022 A TEAM OF THE TREASURE COAST INC 1,423.00 428137 09/23/2022 GOMEZ BROTHERS CONTRACT SERVICES 180.00 428138 09/23/2022 SHRIEVE CHEMICAL CO LLC 11,780.39 428139 09/23/2022 SEVEN ISLES CAPITAL 306.00 428140 09/23/2022 ANCHOR MECHANICAL INC 8,030.00 17 TRANS NBR DATE 428141 09/23/2022 428142 09/23/2022 428143 09/23/2022 428144 09/23/2022 Grand Total: VENDOR THERMO FISHER SCIENTIFIC (ASHEVILLE) LLC PREMIER NURSERIES LLC UPGUARD INC RESA POWER LLC AMOUNT 178.00 3,610.52 5,668.90 975.00 386,051.06 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902176 09/23/2022 GRACES LANDING LTD 786.00 902177 09/23/2022 CREATIVE CHOICE HOMES XVI LTD 657.00 902178 09/23/2022 PELICAN ISLES LP 303.00 902179 09/23/2022 PJD HOLDINGS LLC 1,134.00 902180 09/23/2022 ORCHARD GROVE VENTURE LLC 789.00 902181 09/23/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 812.00 902182 09/23/2022 JACOURT LLC 7,826.00 902183 09/23/2022 THE HOUSING AUTHORITY OF THE CITY OF DAYTON/ 343.16 Grand Total: 12,650.16 19 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE 1019973 09/23/2022 1019974 09/23/2022 1019975 09/23/2022 1019976 09/23/2022 1019977 09/23/2022 1019978 09/23/2022 1019979 09/26/2022 Grand Total: VENDOR NORTH SOUTH SUPPLY INC IRRIGATION CONSULTANTS UNLIMITED INC JOHN DEERE COMPANY SIMS CRANE & EQUIPMENT CO HYDRA SERVICE (S) INC RADWELL INTERNATIONAL INC AT&T CORP AMOUNT 250.35 886.48 3,717.57 651.00 21,292.70 607.30 3,845.10 31,250.50 20 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR 9903 09/23/2022 U S BANK NATIONAL ASSOCIATION 9904 09/23/2022 CER SIGNATURE CLEANING LLC 9905 09/23/2022 EDH HOLDINGS LLC 9906 09/26/2022 ALLEN CONCRETE & MASONRY INC 9907 09/26/2022 SAVE ON SP LLC 9908 09/26/2022 INDIAN RIVER COUNTY SHERIFF 9909 09/27/2022 VEROTOWN LLC Grand Total: AMOUNT 81,375.00 12,852.00 181.27 432,192.47 17,058.47 15,785.00 8,245.00 567,689.21 21 NA CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 20, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: First Extension and Amendment to Agreement for Professional Services for Water Plant and Water Resources Engineering Services (RFQ 2019070) BACKGROUND: The Board of County Commissioners awarded bid 2019070 to Kimley Horn and Associates, Inc., on November 5, 2019, for as needed planning, engineering, design, permitting and construction services for Water Plant and Water Resources Engineering Projects for Indian River County Utilities. DISCUSSION: The initial term of the agreement will end on November 4, 2022. Staff would like to extend the agreement for the available one-year period, and the consultant is willing to do so, pending approval of an increase to unit pricing. The agreement also requires amendment to incorporate changes to Florida Statute relating to e - verify and prohibition on contracting with scrutinized firms. The term of the extension will be November 5, 2022 through November 4, 2023, with no additional renewal terms available. SOURCE OF FUNDS: The rate increases average 18% and have been approved by the Department. Rates were provided in a range of rates by staff classification. Classification Original low rate New low rate % change (low) Original high rate New high rate % Change (high) Principal $215/hr $245/hr 14% $245/hr $300/hr 22% Sr. Professional $175/hr $195/hr 11% $230/hr $270/hr 17% Registered Professional $115/hr $145/hr 26% $175/hr $210/hr 20% 22 CONSENT Classification Original low rate New low rate % change (low) Original high rate New high rate % Change (high) Professional $95/hr $130/hr 37% $145/hr $160/hr 10% Professional) $95/hr $110/hr 16% $130/hr $145/hr 12% Designer $105/hr $120/hr 14% $155/hr $185/hr 19% Sr. Support Staff $70/hr $75/hr 7% $90/hr $100/hr 11% Support Staff $58/hr $65/hr 12% $75/hr $100/hr 33% Future work orders will be submitted for approval, along with a scope of work and fee schedule. Funds for these services will typically come from the operating fund. Operating funds and are generated from water and sewer revenues. RECOMMENDATION: Staff recommends the Board approve the first extension and amendment to the agreement, and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENTS: First Extension and Amendment 23 FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES This First Extension and Amendment to that certain Agreement to provide professional services for Water Plant and Water Resources Engineering Services is entered into effective as of November 1, 2022, by and between Indian River County, a political subdivision of the State of Florida ("County") and Kimley Horn and Associates, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for professional services for Water Plant and Water Resources Engineering Services effective November 5, 2019; and WHEREAS, Paragraph 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as ofNovember 5, 2019 and will end on November 4, 2022; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and WHEREAS, the parties desire to amend Article 3 — Responsibilities of the Consultant to include E - Verify requirements. WHEREAS, the parties have agreed to an amended rate schedule, attached herein as Exhibit B — Consultant Fee Schedule, FY 2022-2023 Renewal Rate Adjustment. 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 Consultant 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 November 5, 2022 and shall end on November 4, 2023. There are no more renewals available on the contract. 3. The following is added as Paragraph 3.15: Consultant is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. 4. Exhibit B is replaced with the attached "Exhibit B — Consultant Fee Schedule, FY 2022-2023 Renewal Rate Adjustment." 5. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 24 IN WITNESS WHEREOF, the parties have caused this First Extension and Amendment to be executed effective the day and year first set forth above. Kimley Horn and Associates, Inc. By: Printed name: Title: (Corporate Seal) Date: 0 INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller gal sufficiency: 25 Exhibit B - Consultant Fee Schedule, FY 2022-2023 Renewal Rate Adjustment Kimley>>>Horn Kimley-Horn and Associates, Inc. RFQ NO 2019070 — Water Plant and Water Resources Engineering Services FY 2022 — 2023 Renewal Rate Adjustment Hourly Labor Rate Schedule Classification Rate Principal $245-$300 Senior Professional $195-$270 Registered Professional $145 - $210 Professional 2 $130-$160 Professional 1 $110-$145 Designer $120-$185 Senior Support Staff $75-$100 Support Staff $65 - $100 1. Effective from November 5, 2022 through November 4, 2023 2. Subject to annual adjustment thereafter 3. Internal Reimbursable Expenses will be charged at 5% of Labor Billings 4. External Reimbursable Expenses will be charged at 15% mark-up, or per the Contract 5. Sub -consultants will be billed per the Contract 26 IN CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 19, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2022057 Sebastian Harbor Preserve Fence BACKGROUND: Bids were solicited for the installation of field fencing along the perimeter of the Sebastian Harbor Preserve, which is located at 184 Englar Drive in Sebastian. BID RESULTS: Advertising Date: August 5, 2022 Bid Opening Date: September 2, 2022 Solicitation Broadcast to: 67 Subscribers Bid Documents Requested by: 14 Firms Replies: 1 Firms Firm Location Total Bid Gomez and Son Fence Miami $182,297.84 The Conservation Lands Division has reviewed the received bid, and has determined Gomez and Son Fence to be the lowest, responsive, responsible bidder. FUNDING: The low bid is $182,297.84, which is $17,702.16 lower than the $200,000 anticipated in the 2021- 2022 CIE for the project. Funds will come from the Land Acquisition, Improvements Except Buildings, Sebastian Harbor Preserve Improvements Account, number 14514639 -066390 -18035 - Account Name Account Number I Amount Land Acquisition/Improvements Except Buildings/Sebastian Harbor Preserve Improvements 14514639-066390-18035 $182,297.84 RECOMMENDATION: Staff recommends the Board award Bid 2022057 to Gomez and Son Fence, approve the sarpp,le agreement, and authorize the Chairman to execute the agreement after approval by the County CONSENT Attorney as to form and legal sufficiency, receipt and approval of the required insurance by the Risk Manager, and the contractor's active registration with the Building Division. ATTACHMENT Sample Agreement 28 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Gomez and Son Fence (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Installation of fencing around Sebastian Harbor Preserve ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Sebastian Harbor Preserve Fencing Bid Number: 2022057 Project Address: 184 Englar Drive Sebastian, FL 32958 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 120th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,148.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. 29 ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work, at the prices stated in Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $182,297.84 Written Amount: one hundred, eighty-two thousand, two hundred ninety-seven dollars and eighty-four cents. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. 30 CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance; 31 (4) Invitation to Bid 2022057; (5) Addendum 1; (6) CONTRACTOR'S Bid Form; (7) Bid Bond; (8) Qualifications Questionnaire; (9) Drug Free Workplace Form; (10) Affidavit of Compliance; (11)Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (13) Certification Regarding Lobbying; (14) Warranty Information Form (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. n 32 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 5 33 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on November 1, 2022. OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Wendy Swindell Title: Conservation Lands Manager Address: 1590 91h Street SW, Vero Beach, FL 32962 Phone: 772-226-1781 Email: Wswindell@ircgov.com By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 34 Exhibit 1 to the Agreement — Pricing Item Unit Price Unit Quantity Total 1. 4' High Field Fencing With 4-5" X 7' Round Terminals with 3.5-4" X 7' Round Lines with 4-5" X 8' Top/Brace/Bottom Rails $ 15.79 LF 11,396 $ 179,942.84 2. Vegetation Removal $ 7 LF TBD N/A 3. City of Sebastian Permitting Fee $ 1500 EA 1 $1,500 4. Indian River County Permitting Fee (includes one $ 855 LS 1 $ 855 inspection) Total Bid Price (excluding vegetation removal) $ 182,297.84 Project completion time after receipt of "Notice to Proceed" or PO: 52 DAYS 35 VE CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 24, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Authorization to Piggyback Modified Town of Jupiter Bid for Antiscalant BACKGROUND: The Indian River County Department of Utilities Services (IRCDUS) operates two Water Treatment Plants that utilize the Nanofiltration (NF) process to remove contaminants. One of the products necessary in the process is antiscalant, which is added to feed water to prevent the formation of inorganic scale on the membranes used to treat the water. Since January of 2017, IRCDUS has piggybacked pricing and terms of bids solicited and awarded by the Town of Jupiter Town Council to purchase A-111 Plus antiscalant. The current bid was awarded by the Town Council on October 6, 2020 for a three-year term at a rate of $0.79 per pound. On March 1, 2022, the Board authorized staff to continue piggybacking the Town of Jupiter contract, after an increase in the price to $0.82 per pound was approved by the Town's Utilities Facilities Manager. Another increase, to $0.984 per pound, has now been approved in the same manner. This increase was not directly approved by the Town Council, therefore, IRCDUS is requesting the Board's authorization to accept the price modification to the agreement and continue piggybacking. The change order also implemented a quarterly escalation/de-escalation clause, based on the U.S. Bureau of Labor Statistics Producer Price Index. Additional modifications to the pricing will be effective at the beginning of February, May and August of 2023. DISCUSSION The North and South NF Water Treatment Plants (WTPs) place independent orders for antiscalant, as needed. The estimated annual cost for the current fiscal year was $52,480, at the $0.82 per pound price. The increase will result in a new estimated annual cost of $62,976, equating to an estimated increase of $10,496, or 20%. 36 CONSENT AGENDA AWC A-111 Plus is polymer based, phosphorous -free membrane antiscalant, and the cost for the polymer used to produce it increased by $0.31 per pound from September 2021 to September 2022. All documents related to the Town of Jupiter's bid, agreement and change orders are available for review in the Purchasing Division. FUNDING/BUDGET AMENDMENT: Funding in the amount of $62,976 for antiscalant comes from the Utilities/Water Production/Chemicals, account number 47121936-035230, in the operating fund. Operating funds are generated by water and sewer sales. Account Number Account Name Amount 47121936-035230 Utilities/Water Production/Chemicals 1 $62,976 RECOMMENDATION: Staff recommends the Board authorize IRCDUS to continue to piggyback the Town of Jupiter contract W2105E for Antiscalant with American Water Chemicals, Inc., at the rates as amended by the Town's Utilities Facilities Manager, for the duration of the agreement. 37 N W CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 24, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Excess Equipment as Surplus and Authorization for Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. FUNDING: There is no cost to the County associated with these requests. RECOMMENDATION: Staff recommends the Board declare the items on the Excess List for 110122 as surplus, and authorize their disposal. ATTACHMENT: Excess List for 110122 38 Excess List for 110122 Dept# Asset Fleet Description VIN/Serial Working y/n Ford 2100 Tractor - Abandoned on land bought by the County N Rhino 172 Bushhog mower (attached to above tractor) N 106 25428 Exam Table Y 106 25787 Exam Table Y 106 25791 Exam Table Y 106 27981 Zoo Bus Exam Table Y 106 27982 Alley Cats & Dogs Exam Table Y 106 25777 Exam Table Y 106 25655 Fridgefreeze 15L Port Vaccine Refrigerator N 106 25654 Fridgefreeze 15L Port Vaccine Refrigerator N 106 25653 Fridgefreeze 15L Port Vaccine Refrigerator N 106 25650 Fridgefreeze 15L Port Vaccine Refrigerator N 106 25429 Exam Table Y 106 25779 Exam Table Y 106 25780 Exam Table Y 120 21518 712 2003 Ford F2S0 3FTNF2OL3MB39830 Y 120 23704 539 2006 Ford F250 1FTSW21577EAS4344 y 120 22504 705 1989 Great Dane Refrigerated Semi Trailer 1GRAA90275B096701 N 120 21030 579 2002 Ford Crown Victoria Sedan 2FAFP73Wo3X148448 y 203 28612 Dell Optiplex 5040 - No hard drive B7RZCD2 N 203 28373 Dell Optiplex 7020 - No Hard Drive 1784M82 N 203 28363 Dell Optiplex 7080 - No hard drive 6BRU082 N 203 26962 Dell Optiplex 7010 -No Hard Drive HHWNGXI N 205 27588 Dell Optiplex 7010 - No Hard Drive 7GOYJ02 N 205 29294 Dell Optiplex 5050 - No Hard Drive HCX20M2 N 210 25327 Precor EFX546 Elliptical Y 210 25328 Precor EFX546 Elliptical Y 220 27072 48" Scag Tiger Cat Lawnmower H5700172 N 238 25904 1998 Monon Freight Trailer 53' x 102" INNVA5324WM308417 Y 241 20933 IBM 6400 Printer OP6909 Y 242 178330 GE Mark V MDX Radio N 242 25186 Dell Optiplex 760 N 242 183850 John Bean 8.6 Wheel Balancer N 242 178310 GE Mark V MDX Radio N 242 24783 Dell Optiplex 755 N 242 189590 Rim Clamp 6050AX Tire Changer N 242 178300 GE Mark V MDX Base Radio N 242 166100 Rels 204C Brake Lathe N 242 189580 HIT 6000 Truck Tire Changer N 242 178320 GE Mark V MDX Radio N 242 178340 GE Mark V MDX Radio N 245 24372 651 2008 Chevrolet Colorado - mileage 74,227 SGCCS14E788104890 y 39 W9 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 24, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Final Ranking of Consultants and Authorization to Negotiate for Design Services for Emergency Operations Center Expansion (RFQ 2022062) BACKGROUND: On behalf of the Emergency Services and Public Works Departments, and in accordance with Section 287.055, Florida Statute (Consultant's Competitive Negotiation Act), a Request for Qualifications (RFQ) was issued for architectural design services for the expansion of current Emergency Operations Center (EOC). The expansion is contemplated to be a two-story (10,000 sf per floor) building located on the north side of the existing EOC. The current single -story EOC was constructed in 2005-2007. Expansion is necessary to facilitate the growth of the Emergency Management Services (EMS) to service the County by providing a centralized location for EMS management staff, training areas, and storage for Fire Rescue personnel. The expansion also provides for expanded EOC operations in the event of disasters within Indian River County in order to enhance response and recovery times. The new facility is anticipated to provide: ✓ Expanded restroom and shower facilities. ✓ An expanded computer server room (double the size of the existing) including UPS. ✓ Sleeping areas for male/female, dormitory style with half walls. ✓ Expand the existing warehousing on site to a minimum of 7,500 sf total. ✓ Second floor office space for Fire Department Training Bureau, administrative staff, and Emergency Management staff. ✓ 2 conference rooms capable of handling 15 people each. ✓ Secure storage with limited access. RFQ RESULTS: Advertising Date: June 2, 2022 RFQ Opening Date: July 8, 2022 DemandStar Broadcast to: 654 Subscribers RFQ Documents Requested by: 39 Firms Responsive SOQs: 9 40 CONSENT ANALYSIS: A selection committee comprised of David Rattray, Fire Chief, Steve Greer, Battalion Chief, Brandon Creagan, Senior Planner, Mark Winslow, Project Manager, and Rich Szpyrka, Public Works Director, independently evaluated and scored the received statements of qualifications in accordance with FS 287.055, the RFQ, and the Purchasing Manual. The three top ranked firms were invited to participate in the discussion phase, and at the conclusion of the discussions, each committee member listed his or her overall ranking of firms, and a final ranking was established. The final ranking established by the committee is: 1. Donadio and Associates Architects, PA, A Spiezle Group Inc. Company 2. Song + Associates, Inc. 3. KMF Architects 4. Edlund, Dritenbas, Binkley Architects and Associates, P.A. 5. 1-12M Architects + Engineers, Inc. 6. Saltz Michelson Architects, Inc. 7. MLM Martin Architects, Inc. 8. R+C Architecture, LLC Staff is prepared to begin negotiations with the top ranked firm and bring the final agreement to the Board at a meeting in the near future. FUNDING: Funding for the project design is budgeted and available in the amount of $600,000, split over two fiscal years, with $175,000 from Impact Fees/Fire Services/Emergency Operations Center Expansion account (10312022-066510-20037) and the remaining $425,000 from Impact Fees/Public Buildings/Emergency Operations Center Expansion account (10322019-066510- 20037). FY Account Name Account Number Amount 21/22 Impact Fees/Public Buildings/Emergency Ops Center Exp 10322019-066510-20037 $250,000 22/23 Impact Fees/Fire Services/Emergency Ops Center Exp 10312019-066510-20037 $175,000 22/23 Impact Fees/Public Buildings/Emergency Ops Center Exp 10322019-066510-20037 $175,000 Total $600,000 RECOMMENDATION: Staff recommends the Board approve the Committee's final ranking and authorize negotiations with the top ranked firm in accordance with FS 287.055, and the subsequently ranked firms, should negotiations with the top ranked firm fail. 41 3,14 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation Date: October 13, 2022 To: Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Beth Powell, Director Parks & Recreation From: Wendy Swindell, Conservation Lands Manager Subject: Oyster Bar Marsh Conservation Area Parking and Other Facilities - Final Completion DESCRIPTIONS AND CONDITIONS The Oyster Bar Marsh Conservation Area (OBM) is a 141 -acre conservation area located on the barrier island just north of Round Island Riverside Park. The County entered into a partnership with the Indian River Land Trust (IRLT) on April 4, 2017, in order to develop public access improvements on the OBM and adjacent IRLT properties. As part of the agreement, the IRLT completed the engineering and architectural design of the public access improvements, including boardwalk structures, parking area, and other facilities to provide public access to the impoundment trail. County staff applied for a Florida Inland Navigation Waterways Assistance Program (WAP) grant in 2018 to leverage the funding for the construction of these amenities. The Oyster Bar Marsh WAP grant (#IR -18-67) was awarded by the Florida Inland Navigation District to the County. On November 6, 2018 the Board approved staff s recommendation to accept the WAP Grant which provides $120,000 of funding for the construction of the site amenities. Indian River County advertised and received bids for the construction of the Oyster Bar Marsh Conservation Area boardwalks in May 2019. The bid was approved by the Board on June 11, 2019, and awarded to Summerlin's Marine in the amount of $194,650.00. This work was completed in September 2020. On August 18, 2020, the Board approved an agreement for construction of the parking area and associated amenities in order to open the site to the public. The project was awarded to XGD Systems, Inc. in the amount of $105,558.50. A change order was approved addressing parking lot materials, resulting in a net reduction of the construction cost of $1,575.02. The final contract cost is $103,983.48. XGD Systems, Inc. has completed the construction of the parking lot and other improvements, and is requesting a final payment. To date, XGD Systems Inc. has been paid $95,933.74. Payment in the amount of $8,049.74 will complete the county's obligation to the contractor. FUNDING Funding for the Oyster Bar Marsh Conservation Area parking and other public use facilities is budgeted and available in the Optional Sales Tax/Parks/Oyster Bar Boardwalk & Parking account, number 31521072-066390-18009, in the amount of $8,049.74. 42 Account Name Account Number Amount Optional Sales Tax/Parks/Oyster Bar Boardwalk & Parking 31521072-066390-18009 $8,049.74 STAFF RECOMMENDATION Staff respectfully recommends approval of Application for Payment No. 9 — Final, in the amount of $8,049.74, to XGD Systems, Inc, which will release any further obligations of the County from the Contractor. ATTACHMENT • Pay Application No. 9 - Final APPROVED AGENDA ITEM FOR NOVEMBER 1, 2022 43 w Q Q 1 S N � Ifl o) N � 6e o Lei I- O a � � O U 3 � •S o � U O o s � `^ ' c N y G0.G C O x •� C vi C � � 3 A U1 T h O 4 b fi C C� t� U A a• g � d c 0 U°v E T z� ifl 00 I [ M CO U w M O b= Go w w (y" � W C7 v � 7 z V W 't7 • 4-, Z F ° O "0 W 3 r A OIEEE❑ + cn c N 1 J u v� Lou W `° ° 4 i Z � o o U S w Z O O N N N o�C oo O •5 o f W 0_^ cd A Ep- OF U, w= cm � a � d ooEowl U p l L:] ` ¢ y w u o A O O O Q d d R C z U U A d Q : w:D O w f) c i7TC < a A U Q] [}ys V \ 0 Q E ! > o a E x a F U a � � b o Z O a h UJ 3 Q IL a € o . o LL 3 E = Z e a L'A r U w a o c J a� w In ax Q �Q 0 U S i a � W 3z 33 G oaaogZ4Z. 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O' L' 3 O W N C zo .°'. w m o 3 E c E m m o .5 v K d o T—�' _ Y d o ii i w v w v h vL N v U U° UH No7 Nco N H N N m O N O N U t N O N d O O n ao P l0 D O L W O C 0 p OU 0 C O D W N — UO 5 Q UQ SOH EA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director Brian Freeman, AICP; MPO Staff Director FROM: Jon Howard; Senior Transportation Planner DATE: October 23, 2022 SUBJECT: Approval of a Public Transportation Grant Agreement (PTCA) with the Florida Department of Transportation (FDOT) for a Section 5311 CRRSAA Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 1, 2022. DESCRIPTION & CONDITIONS Each year, Indian River County receives transit operating assistance under 49 USC Ch. 53, FTA Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine) and demand -response service (Community Coach). At this time, FDOT has allocated $364,412 in FTA Section 5311 funds from the Coronavirus Response and Relief Supplemental Appropriation Act (CRRSAA). In this case, the grant has no federal match requirement for operating assistance. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. In order to receive these funds, the BCC must enter into a Public Transportation Grant Agreement (PTGA) with FDOT, a copy of which is attached to this staff report (Attachment 2). C:\Granicus\Legistar5\L5\Temp\5630e66e-e5c4-4705-bb28-2ff92365dc47.docx 1 46 ANALYSIS The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Area) grant program. The attached resolution (Attachment 1) authorizes the Chairman of the Board of County Commissioners to execute the PTGA for Formula Grants for Rural Areas funds. Upon the Board's adoption of the resolution and the Chairman's execution of the PTGA, County staff will transmit the PTGA to FDOT. Once the PTGA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand - response transit service to rural areas of the county. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2045 Long Range Transportation Plan. FUNDING Through this grant, the County will receive $364,412 in federal transit operating assistance, with no local match required for the CRRSAA funds. Funding for the grant will be appropriated to General Fund/Community Transportation/Cares Act -Section 5311 -SRA. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Public Transportation Grant Agreement and adopt the resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Grant Agreement 2. FDOT Public Transportation Grant Agreement 3. Grant Budget Form C:\G ran i cu s\Legista r5\L5\Tem p\5630e66e-e5c4-4705-b b28-2ff92365dc47.docx 2 47 RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or the Federal Transit Administration Act of 1964, as amended; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain $364,412 in Coronavirus Response and Relief Supplemental Appropriation Act (CRRSAA) of 2021, Formula Grants for Rural Areas (Section 5311) funds for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Rural Area Formula Grant. THIS RESOLUTION was moved for adoption by _ . and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice -Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss C:\Granicus\Legistar5\L5\Temp\363371 a1-0531-4be9-b63d-87dc8c8d4ea0.docx Page 1 of 2 RESOLUTION NO. 2022 - The Chairperson thereupon declared the resolution duly passed and adopted this l st day of November , 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Peter D. O'Bryan, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 1st day of November , 2022. Notary Public APPROVED AS TO LEGAL SUFFICIENCY SEAL: Dylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS Phil Matson, AICP, Director Community Development Department C:\Granicus\Legistar5\L5\Temp\363371a1-0531-4be9-b63d-87dc8c8d4ea0.docx Page 2 of 2 49 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Financial Project Number(s): Fund(s): (item -segment -phase -sequence) 407182-3-84-01 Work Activity Code/Function: Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: Federal Number/Federal Award Identification Number (FAIN) — Transit only: Federal Award Date: 20.509 Agency SAM/UEI Number: Formula Grants for Rural Areas N/A N/A Forth 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 DUCA FLAIR Category: 088774 215 Object Code: 780000 Org. Code: 55042010429 Vendor Number: F596000674006 THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department of Transportation, ("Department"), and Indian River County BOCC, ("Agency"). The Department and the Agency 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 Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.000, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in providing FY23 Section 5311 operating Coronavirus Response and Relief Supplemental Appropriation Act CRRSAA) of 2021 funding for Indian River County. The project will provide operational assistance to help Indian River Countv as thev continue to recover from the devastating financial and public health impacts of COVID., as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, 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. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X_ Exhibit B: Schedule of Financial Assistance _ *Exhibit 131: Deferred Reimbursement Financial Provisions `Exhibit 62: Advance Payment Financial Provisions *Exhibit 63: Alternative Advanced Pay (Transit Bus Program) *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X_ Exhibit E: Program Specific Terms and Conditions 50 Page 1 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc07/22 X_ Exhibit F: Contract Payment Requirements _ *Exhibit G: Audit Requirements for Awards of State Financial Assistance X *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through December 31, 2025. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency 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 cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may 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. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then 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 Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. 51 Page 2 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07/22 e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: a. The estimated total cost of the Project is $364,412. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $364,412 and, the Department's participation in the Project shall not exceed 100.00% of the total eligible cost of the Project and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency 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. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency 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", Project Description and Responsibilities 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. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's 52 Page 3 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc07122 Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. if. Financial Consequences. 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 Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency 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 Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables 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 are received, inspected or verified, 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 Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency 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 Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency'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. i. Progress Reports. Upon request, the Agency 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. 53 Page 4 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc07122 j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. k. Offsets for Claims. 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 that it has with the Agency owing such amount if, upon written 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. I. Final Invoice. The Agency 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. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding 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 Agency. See Exhibit "B", Schedule of Financial Assistance 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 Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. 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." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency 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 Agency 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. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project 54 Page 5 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07122 Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency 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 arrangement that has not been approved in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency 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. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency 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, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. —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). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): I. —Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms 55 Page 6 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc07122 and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency 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", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors 56 Page 7 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fonn 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC07/22 and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. L The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency 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 Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by 57 Page 8 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OOc07122 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 Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTS ingleAudit(a)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(a.dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. 58 Page 9 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 07122 Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency'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. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTS ingleAudit(u-)dot.state.fl. us State Funded: In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency'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 Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency 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 State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: 59 Page 10 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc07122 In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency 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 "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency 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 Agency 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 Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency 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 Agency's resources (i.e., the cost of such an audit must be paid from the Agency'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, Florida 32399-0405 FDOTS ingleAudit(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(c-aud.state.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as 60 Page 11 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07/22 applicable. vi. The Agency, 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 Agency in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Agency'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 Agency 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 Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency'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 Agency 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 State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida 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. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. 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. Discriminatory Vendor List. 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. 61 Page 12 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC07/22 c. Non -Responsible Contractors. 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 Agency. d. Prohibition on Using Funds for Lobbying. 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. Unauthorized Aliens. 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. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, 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 Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E -Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. 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. h. Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole -source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: 62 Page 13 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION srwnrecl DEVELOPMENT GRANT AGREEMENT Occ07122 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 Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency 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 subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this 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. The Agency shall cause, or cause its contractor or consultant 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 Agency is a state agency or subdivision of 63 Page 14 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07/22 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. d. 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 Agency 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. e. 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. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency 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 Agency 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. c. Severability. 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. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. 64 Page 15 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc07122 e. Bonus or Commission. By execution of the Agreement, the Agency 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. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency 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 Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. 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. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency 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. j. Law, Forum, and Venue. 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 Agency 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. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY Indian River County BOCC STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Steven C. Braun, P.E. Name: Title: Director of Transportation Development Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 65 Page 16 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc0sn2 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): adds FY23 Section 5311 operating Coronavirus Response and Relief Supplemental Appropriation Act (CRRSAA) of 2021 funding for Indian River County. The project will provide operational assistance to help Indian River County as they continue to recover from the devastating financial and public health impacts of COVID. B. Project Location (limits, city, county, map): Indian River County BOCC/Vero Beach, FL/Indian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Transfer funding from the Federal Transit Administration's to Subrecipient for the activities listed in attached budget and in the approved Subrecipient grant application. Regular service hours will remain Monday through Friday from 8:00 a.m. through 5:00 p.m., except holidays, for which we provide limited service. Our dispatch operation opens at 4:30 a.m. and closes at 7:00 p.m. or after the last driver is done and has returned to the yard. Our program provides origin to destination (door-to-door) paratransit service to enhance the mobility of residents in the rural areas of our county. The service will provide users various types of trips to include, but not limited to, medical and life-sustaining appointments, their nutritional needs, employment related services and for recreation. D. Deliverable(s): 1) Refer to Exhibit E and Exhibit F of PTGA. 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area. 4) Certification verifying adoption of a System Safety Program Plan. 5) Quarterly reports submitted with invoices. 6) Submit invoice every three (3) months, at minimum. 7) Ensure that funds are used to prevent, prepare for, and respond to COVID-19. 8) If the Grantee does not show a steady use of the funds, the Department will consider closing the PTGA and reallocating the amount available for the Grantee's use. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. 66 Page 17 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc09122 E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal cell phone, office patties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. 67 Page 18 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS oGc0sn2 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial State FLAIR State Object CSFA/ $0 $0 Project Fund Category Fiscal Code CFDA CSFA/CFDA Title or Funding Number Type $364,412 Year Travel Number Funding Source Description Amount 407182-3-84-01 DUCA 088774 2023 780000 20.509 Formula Grants for Rural Areas $364,412.00 $0 $0 Total Financial Assistance $364,412.00 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $0 $0 $364,412 $364,412 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $0 $0 $364,412 $364,412 " Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Paula Scott Department Grant Manager Name Signature Date 68 Page 19 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC0an2 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 69 Page 20 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc09/22 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (Section 5311: Formula Grants for Rural Areas) This exhibit forms an integral part of the Agreement between the Department and the Agency. The Agency, as the "subrecipient", shall comply with the following requirements: 1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. 5311) and Section 341.051(1)(a), F.S. 2. Prevention Programs. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR 655, 49 U.S.C. 5331, and 49 CFR 40. 3. Adherence to Certifications and Assurances. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. 4. FTA Compliance. The Section 5311 subrecipient shall at all times comply with all applicable Federal Transit Administration ("FTA") regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the Department and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to comply shall constitute a material breach of this contract. 5. Charter Operation. The Section 5311 subrecipient agrees to comply with 49 U.S.C. 5323(d), (r) and 49 CFR 604, which provide that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 6. Exclusive Operation. Pursuant to 69 U.S.C. 5323(f) and 49 CFR 605, the Section 5311 subrecipient of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, subrecipients may not use federally funded equipment, vehicles, or facilities. 7. Buy America. The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR 661, if using the funds granted under this Agreement for rolling stock purchases. The recipient also agrees to comply with the pre -award and post delivery requirements outlined in 49 CFR 661.12. 8. Water Pollution Control. The Section 5311 subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, codified at 33 U.S.C. 1251 et seq., as amended, if the agreement exceeds $100,000. 9. Anti -Lobbying. The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352(b)(5). 10. Bonding Requirements. If this Agreement is for a construction Project over $150,000 the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. 11. Clean Air Act. The 5311 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq., as amended, if this Agreement exceeds 70 Page 21 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ09122 $150,000. 12. Resource Conservation and Recovery Act (RCRA). The 5311 subrecipient agrees to comply with all the requirement of Section 6002 of the Resource Conservation and Recovery Act (RCRA), 49 U.S.C. 6962, as amended, including but not limited to the regulatory provisions of 40 CFR 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247. 13. Davis -Bacon and Copeland Anti -kickback. The 5311 subrecipient agrees to comply with the Davis -Bacon and Copeland Anti -kickback Acts as codified at 40 U.S.C. 3141 et seq. and 18 U.S.C. 874 for any agreement exceeding $2,000. 14. Contract Work Hours and Safety Standards. For any contract over $2,000 the 5311 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq. 15. Transit Employee Protective Agreements. The 5311 subrecipient agrees to comply with the Transit Employee Protective Agreements as codified in 49 U.S.C. 5333 and 29 CFR 215. 16. Compliance with FTA Terms and Conditions. The 5311 subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any Department requests which would cause the 5311 subrecipient to be in violation of the FTA terms and conditions. 17. Annual Safety Certification. In accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification stating that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan, and has performed annual safety inspections of all buses operated. 18. Budgeticost analysis. The Agency will assist the Department by providing accurate information for the Department to create a budget/cost analysis in accordance with Section 216.3475, F.S. 19. Non -urbanized area. The Agency will provide the methodology for determining the non -urbanized area portion of their service prior to submitting the first invoice. The Agency will submit an updated methodology once per year. 20. Attorney certification. The Agency will submit an attorney certification prior to submitting the first invoice and once yearly thereafter for goods or services procured under this Agreement in accordance with Chapter 287, F.S. 21. Public Body Non -CTC Recipients. An Agency may receive 5311 funds when the Community Transportation Coordinator in the county is a private -for-profit entity. When the Agency accepts the 5311 funding, enters into a contract/PTGA with the Department, and the contracts with the Community Transportation Coordinator to provide rural general public transportation in the same service area in which the Community Transportation Coordinator is providing non -sponsored trips for the Commission for the Transportation Disadvantaged, then the non -sponsored human service transportation grant funds will be considered as eligible match for the 5311 funds. The Agency will be responsible for ensuring that the Community Transportation Coordinator meets all the requirements associated with the federal funds. The Agency will be responsible for ensuring that all dollars provided as match were for public transportation eligible trips. The Agency must keep financial records that substantiate the eligibility for the match being provided and make that documentation available to the Department on request. 22. Transit Vehicle Inventory Management. The Agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316, and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. 71 Page 22 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC0en2 This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Department programs. -- End of Exhibit E -- 72 Page 23 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OCC0sn2 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. 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. (2) 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. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. 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 Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges. Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that 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/ReferenceGuideforStateExpenditures pdf 73 Page 24 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT H AUDIT REQUIREMENTS FOR AWARDS OF FEDERAL FINANCIAL ASSISTANCE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.509 CFDA Title: Formula Grants for Rural Areas *Award Amount: $364,412 Awarding Agency: Florida Department of Transportation Indirect Cost Rate: **Award is for R&D: No *The federal award amount may change with amendments **Research and Development as defined at 2 CFR §200.87 Form 725-000-02 STRATEGIC DEVELOPMENT OGC 09/22 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards www.ecfr.gov FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 — Highways, United States Code ham://uscode.house.gov/browse.xhtml Title 49 — Transportation, United States Code http://uscode.house.gov/browse.xhtmI MAP -21 — Moving Ahead for Progress in the 21St Century, P.L. 112-141 www.dot.gov/map21 Federal Highway Administration — Florida Division www.fhwa.dot.gov/fldiv Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) www.fsrs.gov 74 Page 25 of 25 GRANT NAME: Section 5311 CRSSA (Formula Grant for Rural Areas) GRANT #: TBD AMOUNT OF GRANT: $364,412 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Jon Howard PHONE #: (772) 226-1672 1. How long is the grant for? Three years Starting Date: November 1, 2022 Description Position Position Position Position Position 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 0 % Retirement Contributions 5. Grant match amount required: $ 0 Life and Health Insurance Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Worker's Compensation N/A Soc. Sec. Medicare Matching 6. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? $ (Attach a detailed listing of costs.) $ 7. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Fifth Year Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 8. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 9. What is the estimated cost of the grant to the County over three years? $0 75 Grant Amount Other Matching Costs Match Total First Year $364,412 $ $0 $364,412 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ I $ $ 75 MIN INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Kirstin Leiendecker, P.E., Roadway Production Manager SUBJECT: FDOT Small County Outreach Program (SCOP) Supplemental Agreement No. 1 and Resolution Authorizing the Chairman's Signature for Construction and Engineering Inspection (CEI) Services Resurfacing 69th Street From 66th Avenue to SR5/US-1, IRC -1639, FM No. 438073-1-54-01 DATE: October 21, 2022 DESCRIPTION AND CONDITIONS On January 12, 2021 the Board of County Commissioners approved Resolution No. 2021-005 and a Small County Outreach Program (SCOP) Agreement with the Florida Department of Transportation (FDOT) in the amount of $1,128,607.00 for the Construction and Engineering Inspection (CEI) Services for resurfacing of 69th Street from 66th Avenue to SR5/US-1. The proposed improvements include reconstructing the roadway utilizing full depth reclamation, new asphalt concrete pavement, drainage improvements, watermain installation, sidewalk installation, signing and pavement. The agreement was executed by the FDOT on February 11, 2021. The project was awarded to Timothy Rose Contracting on May 3, 2022 in the amount of $3,806,470.75. Due to project redesign and material procurement delays, the FDOT has requested Indian River County execute and deliver Amendment No. 1 to SCOP Agreement FM No. 438073-1- 54-01 to update deliverables and extend completion date until December 31, 2023, as well as a Resolution authorizing the Board of County Commissioners to execute this Amendment No. 1 to SCOP Agreement FM No. 438073-1-54-01. FUNDING There is no additional funding required for FDOT Supplemental Agreement No. 1. Account Name Account Number Amount Traffic Impact Fees 2020 — District 1/691h Street Reclamation (66th Ave to US 1) 10415141-066510-19003 $1,855,604 FDOT SCOP Grant 10415141-066510-19003 $1,128,607 Utilities/WIP/69th Street WM — 58th Ave 471-169000-22501 $822,260 76 Page Two FDOT Supplemental Agreement No. 1 Agenda Item for November 11, 2022 RECOMMENDATION Staff recommends the Board of County Commissioners approve Supplemental Agreement No. 1 to Small County Outreach Program (SCOP) Agreement and Resolution and authorize the Chairman to execute the same. ATTACHMENTS Authorizing Resolution FDOT Supplemental Agreement No. 1 to Small County Outreach Program (SCOP) Agreement FM No. 438073-1-54-01 APPROVED AGENDA ITEM FOR NOVEMBER 1, 2022 C:\Granicus\Lcgistar5\L5\Temp\a8d3dbb9-4d664ddd-807f-532381 cc0050.doex 77 RESOLUTION NO. 2022 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT FM NUMBER 438073-1-54-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION AND ENGINEERING INSPECTION (CEI) SERVICES RESURFACING 69TH STREET FROM 66TH AVENUE TO SR5/US-1. WHEREAS, the reclamation/resurfacing of 69th Street From 66th Avenue to SR5/US-1 is an Indian River County priority project; and WHEREAS, on February 11, 2021, the Florida Department of Transportation (FDOT) and Indian River County entered into a Small County Outreach Program (SCOP) Agreement FM 438073-1-54-01 wherein the FDOT is prepared to provide funds to share the cost for the construction and construction engineering inspection (CEI) services for the resurfacing of 691h Street from 66th Avenue to SR5/US1; 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. 1 to update deliverables and extend the length of the contract for the project; 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. 1 to SCOP Agreement FM No. 438073-1-54-01 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. 1 to SCOP Agreement FM 438073-1-54-01 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 who moved its and, upon being put to a C:\Granicus\Legistar5\L5\Temp\2b2371ee-2146-4d57-ad4d-d518489461b4.doc 78 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 By 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:\Granicus\Legistar5\LS\Temp\2b2373ee-2146-4d57-ad4d-d518489461b4.doc 79 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT SUPPLEMENTAL AGREEMENT SUPPLEMENTAL NO. 1 CONTRACT NO. G1U61 FPN 438073-1-54-01 Recipient: Indian River County This Supplemental Agreement ("Supplemental'), dated 525.010-60 PROGRAM MANAGEMENT 12/- 8 Page 1 of 2 arises from the desire to supplement the State -Funded Grant Agreement ("Agreement") entered into and executed on February 11, 2021 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: This Supplemental Agreement extends the Term of the Agreement from December 31, 2022 to December 31, 2023. The first sentence of Paragraph 3 is amended to read as follows: This agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before December 31, 2023 The deliverables stated in Exhibit A in the original agreement dated February 11, 2021 are hereby deleted and replaced with Exhibit A deliverables of this SA #1. Reason for this Supplemental and supporting engineering and/or cost analysis: Due to a Project redesign and material procurement delays, the Deliverables need to be updated and a time extension is is needed to provide sufficient time for the contractor to complete the Project before the State Funded Grant Agreement expires. 80 EXHIBIT A DELIVERABLES 438073 -169th St from 66th Ave to SR5/US-1 Resurfacing Pay Item Pay Item Description 101-1 MOBILIZATION/ DEMOBILIZATION LS 1 102-1 MAINTENANCE OF TRAFFIC LS 1 104-2 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION LS 1 110-1-1 CLEARING & GRUBBING AC 14 110-7-1 MAIL BOX (F&I) EA 31 120-1 REGULAR EXCAVATION CY 8,628 120-6 EMBANKMENT CY 1,753 160-4 TYPE B STABILIZATION SY 16,808 210-2A COQUINA, NEW MATERIAL FOR REWORKING BASE TN 266 283-1 ASPHALT EMULSION TYPE CSS -1H - PAYMENT WILL BE BASED ON ACTUAL QTY. GAL 55,000 283-2 CEMENT TYPE 1 OR TYPE 2 - PAYMENT WILL BE BASED ON ACTUAL QTY. TN 200 283-7 FULL DEPTH BASE RECLAMATION (10" MIXING DEPTH) SY 19,942 285-706 OPTIONAL BASE GROUP 04 (CEMENTED COQUINA, LBR 100, 6") SY 13.111 285-716 OPTIONAL BASE GROUP 18 (CEMENTED COQUINA, LBR 100, 16") SY 1,781 334-1-13A SUPERPAVE ASPHALT CONCRETE, (SP -12.5) (TRAFFIC C) (1.5") TN 2,674 334-1-13B SUPERPAVE ASPHALT CONCRETE, (SP -12.5) (TRAFFIC C) (2") TN 141 337-7-82 ASPHALTIC CONCRETE FRICTION COURSE (FC -9.S) (TRAFFIC C) (11f) TN 1,781 400-1-2 CONCRETE CLASS I, ENDWALLS CY 4 425-1-521 INLETS, DT BOT, TYPE C, <10' EA 12 425-1-551 INLETS, DT BOT, TYPE E, <10' (W/ CONC. APRON) EA 1 425-2-41 MANHOLE (TYPE 7) (P -BOTTOM) (<10') EA 1 430-175-115 CONCRETE PIPE CULVERT (15") (S/CD) (CL III) LF 133 430-175-118A CONCRETE PIPE CULVERT (18") (S/CD) (CL III) LF 438 430-175-118B CORRUGATED ALUMINUM PIPE CULVERT (18") (S/CD) LF 50 430-175-124A CONCRETE PIPE CULVERT (24") (S/CD)(CL III) LF 23 430-964-4 PVC PIPE FOR NON-STANDARD DRAINAGE (10") (SCH 80) LF 25 430-984-119 MITERED END SECTION (ROUND) (10") (SD) EA 1 430-984-123 MITERED END SECTION (ROUND) (15") (SD) EA 3 430-984-125 MITERED END SECTION (ROUND) (18") (SD) EA 1 520-1-10 CONCRETE CURB AND GUTTER (TYPE F) LF 412 520-2-4 CONCRETE CURB (TYPE D) LF 21 520-3 VALLEY GUTTER - CONCRETE (2' WIDE) LF 110 522-2 CONCRETE SIDEWALK AND DRIVEWAYS (6" THICK) (FIBER REINFORCED) SY 334 530-3-4 IRIPRAP - RUBBLE (F&I) (DITCH LINING) TN 50 570-1-1 PERFORMANCE TURF (SOD) (BAHIA) SY 35,000 ** 999-1 ASBUILT SURVEYING AND RECORD DRAWING PREPARATION (BY REGISTERED SURVEYOR) LS 1 700-1-11 SINGLE POST SIGN, F&I, GROUND MOUNT, UP TO 12 SF AS 18 700-1-13 SINGLE POST SIGN, F&I, GROUND MOUNT, 20-30 SF AS 1 700-1-50 SINGLE POST SIGN, RELOCATE AS 1 700-13-15 RETROREFLECTIVE SIGN STRIP - F&I, 5' EA 1 706-3 RETRO -REFLECTIVE MARKERS EA 362 711-11-121 THERMOPLASTIC, STD, WHITE, SOLID, 6" LF 16,480 711-11-125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" LF 111 711-11-141A THERMOPLASTIC, STD, WHITE, SKIP (6'-10'), 6" LF 107 711-11-141B THERMOPLASTIC, STD, WHITE, SKIP (2'-4'), 6" LF 200 711-11-160 THERMOPLASTIC, STD, WHITE, MESSAGE EA 1 711-11-221 THERMOPLASTIC, STD, YELLOW, SOLID, 6" LF 10,696 711-11-224 THERMOPLASTIC, STD, YELLOW, SOLID, 18" LF 38 711-11-231 THERMOPLASTIC, STD, YELLOW, SKIP (10'-30'), 6" LF 4,020 ** 999-1A UTILITY ASBUILT SURVEYING AND RECORD DRAWING PREPARATION (BY REGISTERED SURVEYOR) LS 1 ** 1050-31-206 UTILITY PIPE (F&I) (PVC) (WATER MAIN) (6") LF 20 ** 1050-31-208 UTILITY PIPE (F&I) (PVC) (WATER MAIN) (8") LF 31 ** 1050-31-212 UTILITY PIPE (F&I) (PVC) (WATER MAIN) (12") LF 5,919 **11050-42-214 UTILITY PIPE (F&I) (HDPE, DR 11) (WATER MAIN) (14") LF 250 ** 1055-51-112 UTILITY FITTING (F&I) (45 DEGREE BEND) (WATER MAIN) (12") EA 20 ** 1055-51-206 UTILITY FITTING (F&I) (TEE) (DI) (WATER MAIN) (6"X6") EA 1 ** 1055-51-208 UTILITY FITTING (F&I) (TEE) (DI) (WATER MAIN) (8"X8") EA 2 ** 1055-51-208A UTILITY FITTING (F&I) (TEE) (DI) (WATER MAIN) (6"X8") EA 2 ** 1055-51-212 UTILITY FITTING (F&I) (TEE) (DI) (WATER MAIN) (6"X12") EA 2 ** 1055-51-212A UTILITY FITTING (F&I) (TEE) (DI) (WATER MAIN) (8"X12") EA 4 **11055-51-308 UTILITY FITTING (F&I) (REDUCER) (DI) (WATER MAIN) (6"X8") EA 2 ** 1055-51-410 UTILITY FITTING - 12"x14" PVC/HDPE TRANSITION COUPLING EA 2 ** 1055-51-508 UTILITY FITTING (F&I) (CAP) (DI) (8") (WATER MAIN) EA 4 ** 1060-11-222A UTILITY STRUCTURE AND MANHOLE - BELOW GROUND W/ ARV (<80 CF) (9.1'-12') EA 1 **11080-11-499 UTILITY FIXTURE (F&I) (TEMPORARY JUMPER CONNECTION) (2") EA 1 ** 1080-24-406 UTILITY FIXTURE (RELOCATE) (VALVE ASSEMBLY) (WATER MAIN) (6") EA 1 ** 1080-24-108 UTILITY FIXTURE (F&I) (VALVE ASSEMBLY) (WATER MAIN) (8") EA 4 ** 1080-24-112 UTILITY FIXTURE (F&I) (VALVE ASSEMBLY) (WATER MAIN) (12") EA 7 **11080-32-106 UTILITY FIXTURE (F&I) (SAMPLE POINT) (WATER MAIN) (6") EA 2 **11080-32-108 IUTILITY FIXTURE (F&I) (SAMPLE POINT) (WATER MAIN) (8") EA 4 ** 1080-32-112 UTILITY FIXTURE (F&I) (SAMPLE POINT) (WATER MAIN) (12") EA 3 ** 1644-136-08 FIRE HYDRANT (F&I) (3 WAY) (2 HOSE, 1 PUMPER) (6") EA 5 ** 999-25 Force Account Roadway ** 999-25A Force Account Utility ** Non -participating Items 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 CONTRACT SUPPORT SPECIALIST 83 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT SUPPLEMENTAL AGREEMENT 525-010-60 PROGRAM MANAGEMENT 12/18 Page 2 of 2 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. RECIPIENT: By: Name: Title: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Steven C. Braun, P.E. Title: Director of Transportation Development Legal Review: 84 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director James W. Ennis, P.E., PMP, Assistant Public Works Director FROM: Richard Reichenbach, P.E. Project Engineer SUBJECT: Work Order No. 2- GFA International, Inc. Indian River Boulevard Resurfacing from 53r6 Street to the Merrill Barber Bridge (IRC -1707) DATE: October 20, 2022 DESCRIPTION AND CONDITIONS On December 4, 2018, the Board of County Commissioners approved the annual agreement for Professional Geotechnical Services, with GFA International, Inc. (GFA) for various services including, but not limited to, field and laboratory construction materials testing in Indian River County and on December 7, 2021 approved the renewal and amendment to the agreement. The purpose of Work Order No. 2 is to provide laboratory testing and material engineering related services for the widening and resurfacing of Indian River Boulevard between 53rd Street and Merrill Barber Bridge. GFA submitted the proposal outlined in the attached Work Order No.2 and Scope of Services (Exhibit A) for a not -to -exceed amount of $32,712.00. Fi 1runitir; Funding in the amount of $32,712.00 is available in Account No. 10921441-053360-21014/Secondary Roads/Indian River Blvd Resurfacing (Barber Bridge to 53rd St). RECOMMENDATION Staff recommends approval of Work Order No. 2 to GFA International, Inc. authorizing the professional services as outlined in the Scope of Services (Exhibit A) and requests the Board to authorize the Chairman to execute Work Order No. 2 on their behalf for a not -to -exceed amount of $32,712.00. ATTACHMENT GFA International, Inc. Work Order No. 2 APPROVED AGENDA ITEM FOR NOVEMBER 1, 2022 C:\Gra nicus\Legistar5\L5\Temp\cb2d3ae1-f6d4-4be4-b7ce-I aaffWaa85.doc 85 WORK ORDER NUMBER 2 IRC -1707 Indian River Boulevard Resurfacing from 53rd Street to Merrill Barber Bridge This Work Order Number 2 is entered into as of this day 20 pursuant to that certain Continuing Contract Agreement for Continuing Geotechnical Engineering dated December 4, 2018, renewed and amended as of December 7, 2021, collectively referred to as the "Agreement", by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and GFA INTERNATIONAL, INC. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit A (Scope of Services), attached to this Work Order No. 2 and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit A (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframes more particularly set forth in Exhibit A, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS GFA INTERNATIONAL, INC. OF INDIAN RIVER COUNTY By: Title: By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 86 EXHIBIT A A Universal Engineering Sciences Company Geotechnical Engineering I Construction Materials Testing and Inspections Building Code Compliance I Environmental, Health & Safety I Facilities Consulting Richard Reichenbach, P.E. Indian River County 1801 27th Street, Building 'A' Vero Beach, Florida 32960 Phone: (772) 226-4340 Email: rreichenbach(cDircgov.com RE: Proposal for Testing Services Indian River Boulevard Resurfacing - IRC -1707 FM No 53rd Street to The Merrill Barber Bridge, Vero Beach, Proposal No. 18-7910.02 REVISED 3 Dear Richard: LOCATIONS Atlanta, GA Hagerstown. MD Pensacola. FL Buford, GA Irvine. CA Port St. Luce, FL Chantilly. VA Jacksonville. FL Reno, NV Charlotte, NC Kennesaw. GA Rockledge. FL Clewiston. FL Las Vegas, NV Sarasota. FL Daytona, FL Miami. FL SL Petersburg, FL Delray Beach, FL Ocala. FL Tampa. FL Douglasville, GA Orlando, FL Tifton. GA Fort Myers, FL Palm Coast. FL West Palm Beach, FL Fort Pierce, FL Panama City, FL Gainesville, FL Pelham, AL . 441919-1-54-01 FL 32967 October 24, 2022 GFA International, Inc. (GFA) appreciates the opportunity to become a part of your project team. Our team of professionals are dedicated to making this project a success, both on schedule and within budget. We are proud of our commitment to maintaining the highest levels of customer service and client satisfaction, and respectfully submit the following for your consideration. PROJECT DESCRIPTION GFA understands that the project will consist of approximately 16,300 linear feet of roadway resurfacing along Indian River Boulevard, located in Vero Beach, Indian River County, Florida. Documents provided to UES were civil plans by Indian River County Department of Public Works, sealed May 13, 2022. SCOPE OF SERVICES GFA anticipates that the following services will be required for this project.- 1. roject: 1. Construction Materials Testing 87 Indian River Boulevard Resurfacing October 24, 2022 Proposal No. 18-7910.02 REVISED 3 1. CONSTRUCTION MATERIALS TESTING The services described herein will be performed as required by the construction documents and local jurisdictions. Please note that the overall cost of construction quality control programs is dependent upon the contractor's scheduling, weather and other factors beyond our control. In general, the scope of services will consist of the following: 1.1 Laboratory Soil Testing Laboratory soil testing will be required to identify the properties and suitability of the soil to be used at the site. Proctor tests will be required to obtain material's maximum density and optimum moisture content, which would be used to verify that the degree of compaction in the field is achieved. 1.2 Field Density/Moisture Testing GFA will provide a field technician to test the in-place density of the compacted fills. For this testing, GFA will use the Nuclear Method (ASTM D6938) in the field, which will be correlated with the corresponding laboratory proctor compaction tests. 1.3 Cast -in -Place Concrete GFA will provide testing of the concrete delivered to the site. In accordance with the project specifications, the technician will mold a set of five compression cylinders per ASTM C-31 for every 50 cubic yards or fraction thereof placed per day. GFA will also determine the slump and temperature of the concrete each time a set of cylinders are cast The cylinders will be cured in the laboratory, with one cylinder tested at seven days and three at 28 days. GFA can also assist in evaluating mix submittals and provide laboratory verifications, if necessary, although fees for this service are not included herein. 1.4 Schedule of Fees The actual cost of our services will be highly dependent on the construction schedule. As we have not been provided with a precise construction schedule, it is not possible to make a precise estimate of the manpower and testing requirements. Therefore, GFA proposes to provide its services on a unit cost basis; based on the actual work performed and the unit fees shown on the attached Schedule of Fees. For your budget purposes, GFA has estimated quantities for these services based upon the anticipated scope of work. 02020 GFA International, Inc. All Rights Reserved. SAL -000025R9 Page 2 of 5 88 Indian River Boulevard Resurfacing Proposal No. 18-7910.02 REVISED 3 GFA proposes the following estimated budget: October 24, 2022 Description Pavement Area Soils Oty. Total Stabilized Subgrade Density - Pavement* $25.00 Each 56 $1,400.00 Base Density* $25.00 Each 56 $1,400.00 Back Scatter Asphalt Density* $25.00 Each 56 $1,400.00 Asphalt Testing Box Samples Extraction Gradation Test $200.00 Each 16 $3,200.00 Asphalt Cores for Density and Thickness $85.00 Each 16 $1,360.00 Sampling Hot Asphalt At time Of Placement 16 Visits/2 hrs/Visit $63.00 Hour 32 $2,016.00 Asphalt Lab Monitoring - Plant One Inspector $70.00 Hour 10 $700.00 Laboratory Testing Stabilized Subgrade Limerock Bearing Ratio (LBR) $320.00 Each 28 $8,960.00 Underground Utilities Below Pavement Fiber Optic Cable Backfill Density* $25.00 Each 160 $4,000.00 Engineering Review of Test Results Review of Test Results by Professional Engineer $150.00 Hour 10 $1,500.00 Technician Time Technician Time $63.00 Hour 52 $3,276.00 Technician Time for Asphalt Temperature Monitoring $63.00 Hour 40 $2,520.00 Project Manager / Quality Control Manager $130.00 Hour 6 $780.00 Clerical $50.00 Hour 4 $200.00 Full -Time Monitoring of Backfill (If Needed) 1 $63.00 lHour I TBD ESTIMATED TOTALJ $32,712.00 Minimum 4 tests per trip and/or hour " Minimum 1 set per trip and/or hour GFA International will only invoice for actual services performed, potentially resulting in a lower final cost. Billing will be for actual tests performed per the unit fee schedules presented above. The above unit rates and/or hourly rates do not include any overtime work. Overtime work (scheduled for before 7:00am or going past 4:00pm Monday through Friday, more than 8 hours in one day, more than 40 hours in one week, or anytime on Saturdays, Sundays, or Holidays), will be charged at the standard rate times 1.5. Technician Time will be charged in the event that the Contractor's work is not ready for testing/inspection upon arrival of GFA's representative, or if our minimum testing frequencies specified herein cannot be achieved. A typed report signed and sealed by a State of Florida Registered Professional Engineer will be provided. In accordance with Florida Statues Chapter 471 and the rules of the Florida Board of Professional Engineers (Chapter 61G15), a Professional Engineer is required to perform a thorough review of each report before affixing his/her seal and signing for certification for each report's validity. "2020 GFA International, Inc. All Rights Reserved. SAL -000025R9 Page 3 of 5 89 Indian River Boulevard Resurfacing October 24, 2022 Proposal No. 18-7910.02 REVISED 3 CONDITIONS AND QUALIFICATIONS Please note that GFA's services do not include supervision or direction of the actual work. Also, be aware that neither the presence of our field representative nor the observation and testing by our firm shall imply GFA's responsibility for defects discovered in the construction work. It is understood that GFA will not be responsible for job or site safety on this project. Job site safety will be the sole responsibility of the contractor. In this proposal the words "inspection" and "verify" are used to mean observation of the work and the conducting of tests by GFA to determine substantial compliance with plans, specifications and design concepts. These services include an engineering technician or inspector, field sampling, travel, test equipment and a typed report signed and sealed by a State of Florida Registered Professional Engineer. The rates for professional engineering services apply to report review, site visits and meetings, consultations, engineering letters, and letters of intent and certification. The overall cost of construction quality control programs is dependent upon the contractor's scheduling, weather and other factors beyond our control. However, you will only be invoiced for services rendered. Hourly rates will be charged in whole hour increments with fractions of an hour rounded up to the next full hour. All hourly labor rates are portal to portal. ®2020 GFA International, Inc. All Rights Reserved. SAL -000025R9 Page 4 of 5 90 Indian River Boulevard Resurfacing Proposal No. 18-7910.02 REVISED 3 AUTHORIZATION October 24. 2022 All services will be conducted in accordance with this proposal and attached Terms and Conditions. To initiate services, please complete and return the included Proposal Acceptance Agreement form. The Terms and Conditions are part of this agreement. The signed proposal acceptance agreement form must be received by GFA via fax or email prior to any work being performed, and an original copy must be received before completed reports can be distributed. CLOSING GFA appreciates the opportunity to submit this proposal and looks forward to working with you as a member of the project team. Please contact the undersigned at 561.347.0070 if you have any questions or comments. From our team to yours, GFA International, Inc. CA#4930 low Antonio Torres Karla Gabay Business Development Business Manager Thomas Montano, P.E. Branch Manager 2020 GFA International, Inc. All Rights Reserved. SAL -000025R9 Page 5 of 5 91 VL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E. Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Quintin Bergman, M.S., Sea Turtle Environmental Specialist SUBJECT: Agreement with USDA -APHIS Wildlife Services — 2023 Season DATE: October 20, 2022 DESCRIPTION AND CONDITION On December 1, 2004 Indian River County (IRC) received an Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS) which required IRC to initiate the Habitat Conservation Plan: A Plan for the Protection of Sea Turtles on the Eroding Beaches in Indian River County, Florida (HCP). The primary goal of the HCP is to maintain a comprehensive plan to protect State and Federally listed sea turtle species within IRC. Through the HCP, the County has established a Sea Turtle Conservation Program that encompasses coordinating countywide nest monitoring, artificial lighting ordinance and nighttime surveys, various education and outreach activities, and coordination on responses to sick and injured sea turtles. Occasionally sea turtle nests are eaten or destroyed by another animal. In the early 2000's when the HCP was first established, raccoons were the most prevalent predator on sea turtle nests taking 5%-10% of the nests in a given area. The Archie Carr National Wildlife Refuge, the only Refuge established for the protection of sea turtles, managed the raccoon predators through their Comprehensive Conservation Plan. Since that management action, nest predation has remained low, >1% to 3% nests per season. Beginning in the 2020 nesting season and continuing into the 2021 nest season, predation rates increased, which presented the need for action. IRC contracted with USDA -APHIS Wildlife Services in November of 2021 in preparation to reduce predation activities during the 2022 nesting season. After USDA implemented the Work Plan, a noticeable reduction of nest predations was observed. During the current 2022 sea turtle nesting season, morning surveyors from Ecological Associates Inc. (EAI) have documented 126 sea turtle nests predated by coyotes within a 3.1 mile (5 km) area in the northern part of IRC. These nests are located around the Archie Carr National Wildlife Refuge, Treasure Shores Park, and the Seaview Subdivision. While the 126 nests represent a lower number of nests predated than in the previous year, the need for continued action persists for the upcoming 2023 nesting season. USDA -APHIS Wildlife Services has provided an update to the Cooperative Service Agreement outlining a Work Plan for a Wildlife Specialist to remove predators during the 2023 nesting season, for a total not exceeding $10,747.00. The Wildlife Specialist has outlined the recommended removal techniques in the Work Plan. 92 USDA -APHIS Wildlife Services Agreement November 1, 2022 BCC Meeting FUNDING Funding for Wildlife Services is budgeted and available in the Beach Restoration Fund/Other Professional Services (HCP) Account 12814472-033190-99007. Account Name Account No. Amount Beach Restoration Fund/Other Professional 12814472-033190-99007 Services/HCP $10,747.00 RECOMMENDATION Staff recommends that the Board of County Commissioners (BCC) authorize this Cooperative Services Agreement between Indian River County and the United States Department of Agriculture Animal and Plant Health Inspection Services (APHIS) Wildlife Services (WS) in the total lump sum of $10,747.00. Additionally, staff recommends that the BCC authorize the Chairman to execute the attached agreement. ATTACHMENT • Indian River Cnty-CSA-23-7212-8144-RA 93 (7/2019 version) WS Agreement Number: 23 -7212 -8144 -RA WBS: AP.RA.RX12.72.0248 COOPERATIVE SERVICE AGREEMENT between INDIAN RIVER COUNTY (COOPERATOR) and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) ARTICLE 1— PURPOSE The purpose of this Cooperative Service Agreement is to assist Indian River County in the removal of coyotes and raccoons in order to reduce the predation of nesting sea turtles on county beaches. ARTICLE 2 — AUTHORITY APHIS -WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468-69, 7 U.S.C. §§ 8351-8352, as amended, and December 22, 1987, Public Law No. 100-202, § 101(k), 101 Stat. 1329-331, 7 U.S.C. § 8353, to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while conducting a program of wildlife services involving mammal and bird species that are reservoirs for zoonotic diseases, or animal species that are injurious and/or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety. ARTICLE 3 - MUTUAL RESPONSIBILITIES The cooperating parties mutually understand and agree to/that: 1. APHIS -WS shall perform services set forth in the Work Plan, which is attached hereto and made a part hereof. The parties may mutually agree in writing, at any time during the term of this agreement, to amend, modify, add or delete services from the Work Plan. 2. The Cooperator certifies that APHIS -WS has advised the Cooperator there may be private sector service providers available to provide wildlife damage management (WDM) services that the Cooperator is seeking from APHIS -WS. 3. There will be no equipment with a procurement price of $5,000 or more per unit purchased directly with funds from the cooperator for use on this project. All other equipment purchased for the program is and will remain the property of APHIS -WS. 4. The cooperating parties agree to coordinate with each other before responding to media requests on work associated with this project. 94 ARTICLE 4 - COOPERATOR RESPONSIBILITIES Cooperator agrees: 1. To designate the following as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement; Richard B. Szpyrka, P.E. Public Works Director Indian River County 1801 27th Street, Vero Beach, FL 32960 (772) 226-1234 2. To authorize APHIS -WS to conduct direct control activities as defined in the Work Plan. APHIS -WS will be considered an invitee on the lands controlled by the Cooperator. Cooperator will be required to exercise reasonable care to warn APHIS -WS as to dangerous conditions or activities in the project areas. 3. To reimburse APHIS -WS for costs, not to exceed the annually approved amount specified in the Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the agreement with amended Work Plan and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are performed. The Cooperator agrees to pay all costs of services submitted via an invoice from APHIS -WS within 30 days of the date of the submitted invoice(s). Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996. 4. To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996. 5. As a condition of this agreement, the Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt. 6. To notify APHIS -WS verbally or in writing as far in advance as practical of the date and time of any proposed meeting related to the program. 7. The Cooperator acknowledges that APHIS -WS shall be responsible for administration of APHIS -WS activities and supervision of APHIS -WS personnel. 8. The Cooperator will not be connected to the USDA APHIS computer network(s). 95 ARTICLE 5 — APHIS -WS RESPONSIBILITIES APHIS -WS Agrees: 1. To designate the following as the APHIS -WS authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement. Parker Hall State Director FL Wildlife Services 2820 E University Ave Gainesville, FL 32641 (352) 377-5556 2. To conduct activities at sites designated by Cooperator as described in the Work and Financial Plans. APHIS -WS will provide qualified personnel and other resources necessary to implement the approved WDM activities delineated in the Work Plan and Financial Plan of this agreement. 3. That the performance of wildlife damage management actions by APHIS -WS under this agreement is contingent upon a determination by APHIS -WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable federal statutes. APHIS -WS will not make a final decision to conduct requested wildlife damage management actions until it has made the determination of such compliance. 4. To invoice Cooperator quarterly for actual costs incurred by APHIS -WS during the performance of services agreed upon and specified in the Work Plan. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and records of APHIS -WS pertaining to such claims for reimbursement to the extent permitted by Federal law and regulations. ARTICLE 6 — CONTINGENCY STATEMENT This agreement is contingent upon the passage by Congress of an appropriation from which expenditures may be legally met and shall not obligate APHIS -WS upon failure of Congress to so appropriate. This agreement may also be reduced or terminated if Congress only provides APHIS -WS funds for a finite period under a Continuing Resolution. ARTICLE 7 — NON-EXCLUSIVE SERVICE CLAUSE Nothing in this agreement shall prevent APHIS -WS from entering into separate agreements with any other organization or individual for the purpose of providing wildlife damage management services exclusive of those provided for under this agreement. 96 ARTICLE 8 — CONGRESSIONAL RESTRICTIONS Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefit to arise therefrom. ARTICLE 9 — LAWS AND REGULATIONS This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). In this agreement, APHIS -WS provides goods or services on a cost recovery basis to nonfederal recipients, in accordance with all applicable laws, regulations and policies. ARTICLE 10 — LIABILITY APHIS -WS assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 U.S.C. 1346(b), 2401(b), and 2671-2680). ARTICLE 11— NON-DISCRIMINATION CLAUSE The United States Department of Agriculture prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. Not all prohibited bases apply to all programs. ARTICLE 12 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS This agreement shall become effective on 10/01/2022 and shall continue through 9/30/2023, not to exceed five years. This Cooperative Service Agreement may be amended by mutual agreement of the parties in writing. The Cooperator must submit a written request to extend the end date at least 10 days prior to expiration of the agreement. Also, this agreement may be terminated at any time by mutual agreement of the parties in writing, or by one party provided that party notifies the other in writing at least 60 days prior to effecting such action. Further, in the event the Cooperator does not provide necessary funds, APHIS -WS is relieved of the obligation to provide services under this agreement. 97 In accordance with the Debt Collection Improvement Act of 1996, the Department of Treasury requires a Taxpayer Identification Number for individuals or businesses conducting business with the agency. Cooperator's Tax ID No.: 85-8012622034C-3 APHIS-WS's Tax ID: 41-0696271 Cooperator: Peter O'Bryan Date Chairman Indian River County Board of County Commissioners 1801 27th Street, Vero Beach, FL 32960 UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Parker Hall State Director FL Wildlife Services 2820 E University Ave Gainesville, FL 32641 (352) 377-5556 Prepared by: Alex Nicely Date 98 WORK PLAN In accordance with the Cooperative Service Agreement between Indian River County and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and budget of this project during the period of this agreement. Location: Indian River County beachside properties Proposed Dates: 10/01/2022 — 9/30/2023 Introduction The APHIS WS program uses an Integrated Wildlife Damage Management (IWDM) approach (sometimes referred to as IPM or "Integrated Pest Management") in which a series of methods may be used or recommended to reduce wildlife damage. These methods include the alteration of cultural practices as well as habitat and behavioral modification to prevent damage. However, controlling wildlife damage may require that the offending animal(s) are killed or that the populations of the offending species be reduced. Program Obiective The objective of this cooperative service agreement is to assist Indian River County in the removal of coyotes and raccoons in order to reduce predation of nesting sea turtles on county beaches. Upon review, it is Wildlife Services opinion that coyotes will never be fully eliminated from Indian River County properties due to the number of private properties nearby with suitable habitat; however, WS believes that the coyotes/raccoons predating sea turtle nests can be specifically targeted and removed from the beachside habitat. Plan of Action WS, through its local office, will provide a Wildlife Specialist to conduct predator control on Indian River County properties. Coyote and raccoon control will consist of targeted night shooting in order to remove the individual predator(s) responsible for nest predation. Wildlife Services will maintain a valid permit(s) from the Florida Fish and Wildlife Conservation Commission (FWC) and will coordinate all activities with FWC and local law enforcement. WS will ensure cooperation with all state and federal laws as well as maintain all necessary permits. This work and financial plan will cover approximately 120 hours of work. 99 FINANCIAL PLAN Cost Element Full Cost Personnel Compensation $5,586 Travel $1,213 Vehicles $303 Other Services - Supplies and Materials $500 Equipment $850 Subtotal Direct Charges) $8,452 Pooled Job Costs [for non -Over -the Counter projects] 11.00% $930 Indirect Costs 16.15% $1,365 Aviation Flat Rate Collection - Agreement Total $10,747 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $10,747 Cooperator Name, Address, Phone Number, Email Richard B. Szpyrka, P.E. Public Works Director Indian River County 1801 27th Street, Vero Beach, FL 32960 (772) 226-1234 rszpyrka@ircgov.com APHIS -WS State Office Name, Address, Phone Number, Email Vielka Dyer USDA APHIS, WS 2820 East University Ave. Gainesville, Fl 32641 (352)448-2137 v ielka.g.dyer@usda.gov 100 CONSENT: 11/1/22 W OFFICE OF INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 24, 2022 ATTORNEY SUBJECT: Acceptance of Utility Easement — Brook's 512 Commercial Development Subdivision (Located Within the Municipal Boundaries of the City of Sebastian) Property located on the south side of C.R. 512, west of Roseland Road within the municipal boundaries of the City of Sebastian is being platted as Brook's 512 Commercial Development Subdivision and consists of two commercial lots with a proposed 15' utility easement dedicated along the north and south portions of the property. Staff has reviewed the proposed plat of Brook's 512 Commercial Development Subdivision only as it pertains to the utility easement. At this time, the Indian River County Department of Utility Services is unable to determine whether the proposed utility easement will be sufficient in size or location. However, the City of Sebastian has requested that the County move forward with accepting the proposed utility easement. The City Attorney has agreed that if any additional easements are required by Indian River County when the future site development is proposed, that City staff will mandate that building permits cannot be issued until the additional utility easements are formally established, and coordinated through the Indian River County Department of Utility Services and County Attorney's Office. The City of Sebastian City Council has already approved the preliminary plat on November 10, 2021. The final plat of Brook's 512 Commercial Development Subdivision is scheduled to go before the Sebastian City Council for approval on November 21, 2022. Although, the Indian River County Department of Utility Services is unable to determine whether the proposed utility easements on the plat will suffice if the City of Sebastian will require the necessary easements be provided at the time of future site development, the County Attorney's Office has no objection to the City's request, so long as the City honors its future commitment. 101 Board of County Commissioners October 24, 2022 Page 2 FUNDING: There is no cost to the Board of County Commissioners with regard to this item. RECOMMENDED ACTION: Staff recommends that the Board of County Commissioners accept the dedication of the utility easement depicted on the proposed plat of Brook's 512 Commercial Development Subdivision, so long as the City of Sebastian agrees that if any additional easements are required by Indian River County when the future site development is proposed, that City staff will mandate that building permits cannot be issued until the additional utility easements are formally established, and coordinated through the Indian River County Department of Utility Services and County Attorney's Office. The County Attorney's Office also recommends that the Board authorize the Chairman of the Board of County Commissioners to execute the County's acceptance of the dedication of the utility easement on said plat. ATTACHMENT: Plat 102 _ ¢Nw J ¢ m 4199 < m N ZLi O DOg`$c� i' 9 y4 ¢ o� h m ei a'w� 50 8ay� RO D�0 •3Ayo �Z S O LAOS Z� o'`+ V) mZ zp€ 6 i ✓� € fin. 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R E — 125.00' gz-r-'-N52V8'25'W-""-----203.50---- --" ` N52.06'25'W 24.Of) j if m \\\ S52'06'25'E z m " SEBAS77AN LAKES DRIVE f P `I<A( I IINI. 3. LAKES UN , a p r g (PRIVATE) ai n R g COMMON AREA PER OECRATO ON OF m 's /+ COVENANTS FOR SEBASTIAN LIKES P.U.D. 7 i 1�3 �e O.R.B. 750, PO. 72 +- ¢ N ¢S dQogO E*i o d" N N am r bSrc4t �� ry ZONING: PUO n N _ Y �= W <5 8.- 0 oO- O o W z � M o a 14 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Steven S. Hitt, M.S. Principal Environmental Planner DATE: October 17, 2022 SUBJECT: Consideration of a Request by David L. Cox, Ph.D., to Amend Land Development Regulation (LDR) Section 932.07, Piers, Docks and Boat Slips, by Revising the Size Restrictions on Unwalled Boat Shelters to be Consistent with Florida Department of Environmental Protection (FDEP) and Other Jurisdictional Agency Requirements [LDRA-22-05-01 / 2022020086- 91934] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 1, 2022. BACKGROUND In 2019 planning staff received a request to amend the County Land Development Regulations (LDRs) from Mr. Garrett Guidroz, owner of a lot at 13380 North Indian River Drive, who was seeking to remove criteria in LDR Section 932.07 that limited the size of unwalled shelters over boatslips to a maximum of 400 square feet. The request also sought to make County LDRs more consistent with jurisdictional agency requirements. Prior to submitting the request, Mr. Guidroz had obtained a Florida Department of Environmental Protection (FDEP) general permit to modify the existing dock on his property and to construct a 976 square foot unwalled shelter over two combined boatlifts. Due to the 400 square foot size limitation, Mr. Guidroz was unable to construct his dock improvements consistent with the FDEP approved plans. Under 2019 and current Florida Statutes (Section 258.42; Attachment 1), boat slips at private residential single- family docks, located within an aquatic preserve, may not be enclosed with walls, but may be roofed "...if the roof does not overhang more than 1 foot beyond the footprint of the lift and the boat stored at the lift." Additionally, Florida Administrative Code Section 62-330.427 (Attachment 2) allows a roof to be built over any portion of a vessel mooring area, boat lift and terminal platform as long as the total area of these structures, and all existing structures on the shoreline of the property, are limited to 2,000 square feet over surface waters. At a public hearing held on May 9, 2019, the Planning and Zoning Commission (PZC) voted 4 to 1 to recommend the Board of County Commissioners (BCC) adopt the LDR amendments submitted by Mr. Guidroz, through his representative Dr. David Cox. The PZC added a recommendation that staff "analyze the possible solutions to limit the overall size of the boat shelter to something that is not obtrusive or unreasonably large" (see PZC minutes, Attachment 3). Based on the PZC recommendations, the proposed ordinance was revised to allow unwalled shelters up to 1,000 square feet in size if they did not exceed 50% of the combined total surface area of the dock structure. The 400 square foot maximum size for unwalled shelters remained in the ordinance, as it was still applicable to smaller docks. The revised ordinance was adopted by the Board of County Commissioners (3-2 vote) at its regular meeting on July 2, 2019 (see BCC minutes, Attachment 4). 1051 Dr. David Cox of Cox Pinson Environmental, LLC, has applied to amend the County's LDRs to remove the 400 square foot / 1,000 square foot unwalled shelter size criteria due to unintended consequences created by the adoption of the 2019 LDR Section 932.07 revisions. The Board is now to consider the proposed LDR amendment and is to adopt, adopt with modifications, or deny the proposed amendment. PLANNING & ZONING COMMISSION RECOMMENDATION The PZC, at a public hearing held on September 22, 2022, voted unanimously (5 to 0) to recommend that the Board of County Commissioners adopt Section 932.07 revisions removing the current unwalled boat shelter maximum size limitations in order to be more consistent with state and federal permitting requirements (See Attachment 5). I,10KI 11`7. At the 2019 PZC hearing commission members expressed concerns that size limits were necessary to prevent abusive and/or out -of -scale construction of unwalled boat shelters within coastal communities, primarily those with man-made canals. According to the applicant; however, adoption of the 2019 LDR amendments has created unintended consequences: 1. Demand for the construction of unwalled shelters over boat slips has increased. For larger docks that are located in "open water" (i.e. non -canal) locations, the current ordinance ties the allowable total square footage of an unwalled shelter to dock size. Adoption of the 2019 LDR Section 932.07 amendments has, thus, incentivized single-family residential riparian property owners to build the largest docks possible so they can legally build two unwalled shelters over their boat slips/mooring areas. Under state and federal regulations shelter size is not tied to dock size, there is simply the 2,000 square feet total area over surface waters criteria. 2. Under the 2019 LDR Section 932.07 amendments, unwalled shelters must not overhang more than 1 foot beyond the footprint of a boat stored at the boat slip. For single-family residential riparian property owners in canal locations, particularly those with marginal docks (as defined in Chap. 18-21.003(35), F.A.C., Attachment 6). This added criteria arguably creates a disparate impact on boat lifts with 400 square foot unwalled shelters by effectively reducing the dimensions of vessels that can be moored, often to unreasonable and undesirable sizes. Hence, "Marginal Docks" in residential canal systems are now subject to new regulation under the current LDR Section 932.07. The applicant's proposed LDR changes include removal of the 400 square foot / 1,000 square foot unwalled shelter size criteria. If the LDRs are revised as requested, they will be consistent with FDEP and other jurisdictional agency permitting requirements and will reduce or eliminate unintended consequences created by the previous LDR revisions. With regard to unwalled boat shelters outside of aquatic preserves, the County has other existing regulations in Section 932.07 which limit dock projections into manmade canals to account for navigation and riparian rights. These existing regulations are not proposed to be changed and effectively deter the potential for "abusive size" of unwalled shelters in canals. That, coupled with FDEP's overall size limit of dock structures over surface waters (not to exceed 2,000 square feet), addresses the size limit concern. With respect to environmental impacts, both the County and State have other existing regulations that require unwalled shelters and other dock components to be designed in a manner that minimizes impacts to aquatic resources (such as avoiding or limiting the potential for blocking sunlight from reaching submerged aquatic vegetation). As proposed, staff supports the LDR changes as they will make the County's unwalled boat shelter size limit more consistent with other jurisdictional agency requirements, will reasonably enhance but adequately regulate 1062 dock construction, and will result in minimal environmental impacts due to other existing County and State requirements that will continue to apply. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed ordinance revising unwalled boat shelter size restrictions. ATTACHMENTS 1. Florida Statutes Section 258.42 2. Florida Administrative Code Section 62-330.427 3. PZC 5/9/2019 Meeting Minutes 4. BCC 7/2/2019 Meeting Minutes 5. PZC 9/22/2022 Meeting Minutes 6. Chapter 18-21.003(35), F.A.C. 7. Proposed Ordinance 1073 3/4/22, 4:21 PM The 2021 Florida Statutes Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2021 v Go Title XVIII Chapter 258 View Entire Chapter PUBLIC LANDS AND PROPERTY STATE PARKS AND PRESERVES 258.42 Maintenance of preserves.—The Board of Trustees of the Internal Improvement Trust Fund shall maintain such aquatic preserves subject to the following provisions: (1)(a) No further sale, lease, or transfer of sovereignty submerged lands shall be approved or consummated by the trustees except when such sale, lease, or transfer is in the public interest. (b) For purposes of this subsection, aquaculture is in the public interest and aquaculture leases may be authorized in aquatic preserves pursuant to the provisions in ss. 253.68-253.75. By March 1, 1997, the Department of Environmental Protection is further directed to establish rules for freshwater aquatic preserves and urban aquatic preserves. (2) The trustees shall not approve the waterward relocation or setting of bulkhead lines waterward of the line of mean high water within the preserve except when public road and bridge construction projects have no reasonable alternative and it is shown to be not contrary to the public interest. (3)(a) No further dredging or filling of submerged lands shall be approved by the trustees except the following activities may be authorized pursuant to a permit: 1. Such minimum dredging and spoiling as may be authorized for public navigation projects. 2. Such minimum dredging and spoiling as may be authorized for the creation and maintenance of marinas, piers, and docks and their attendant navigation channels. 3. Such other alteration of physical conditions as may, in the opinion of the trustees, be necessary to enhance the quality or utility of the preserve or the public health generally. 4. Such other maintenance dredging as may be required for existing navigation channels. 5. Such reasonable improvements as may be necessary for public utility installation or expansion. 6. Installation and maintenance of oil and gas transportation facilities, provided such facilities are properly marked with marine aids to navigation as prescribed by federal law. (b) There shall, in no case, be any dredging seaward of a bulkhead line for the sole or primary purpose of providing fill for any area landward of a bulkhead line. (c) There shall be no drilling of gas or oil wells. However, this will not prohibit the state from leasing the oil and gas rights and permitting drilling from outside the preserve to explore for oil and gas if approved by the board. (d) There shall be no excavation of minerals, except the dredging of dead oyster shells as approved by the Department of Environmental Protection. (e) Structures may not be erected within the preserve, except: 1. Private residential docks may be approved for reasonable ingress or egress of riparian owners. Slips at private residential single-family docks which contain boat lifts or davits that do not float in the water when loaded may not, in whole or in part, be enclosed by walls, but may be roofed if the roof does not overhang more than 1 foot beyond the footprint of the lift and the boat stored at the lift. Such roofs are not included in the square - footage calculation of a terminal platform. 2. Private residential multislip docks may be approved if located within a reasonable distance of a publicly maintained navigation channel, or a natural channel of adequate depth and width to allow operation of the watercraft for which the docking facility is designed without the craft having an adverse impact on marine ATTACHMENT 1 www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0258/Sections/0258.42.html 11.1181/2 3/4/22, 4:21 PM Statutes & Constitution :View Statutes : Online Sunshine resources. The distance shall be determined in accordance with criteria established by the trustees by rule, based on the depth of the water, nature and condition of bottom, and presence of manatees. 3. Commercial docking facilities shown to be consistent with the use or management criteria of the preserve may be approved if the facilities are located within a reasonable distance of a publicly maintained navigation channel, or a natural channel of adequate depth and width to allow operation of the watercraft for which the docking facility is designed without the craft having an adverse impact on marine resources. The distance shall be determined in accordance with criteria established by the trustees by rule, based on the depth of the water, nature and condition of bottom, and presence of manatees. 4. Structures for shore protection, including restoration of seawalls at their previous location or upland of or within 18 inches waterward of their previous location, approved navigational aids, or public utility crossings authorized under paragraph (a) may be approved. A structure under this paragraph or chapter 253 may not be prohibited solely because the local government fails to adopt a marina plan or other policies dealing with the siting of such structures in its local comprehensive plan. (f) No wastes or effluents shall be discharged into the preserve which substantially inhibit the accomplishment of the purposes of this act. (g) No nonpermitted wastes or effluents shall be directly discharged into the preserve which substantially inhibit the accomplishment of the purposes of this act. (4) Notwithstanding any other provisions of this part, a riparian owner may selectively trim or alter mangroves on adjacent publicly owned submerged lands, provided that the selective trimming or alteration is in compliance with the requirements of iss. 403.93-403.938, including any required permit under Iss. 403.93-403.938. History.—ss. 1, 2, 4, ch. 75-172; s. 1, ch. 77-174; ss. 7, 73, ch. 86-186; s. 4, ch. 88-207; s. 1, ch. 88-377; s. 1, ch. 88-414; s. 6, ch. 91- 187; s. 4, ch. 93-34; s. 99, ch. 94-356; s. 84, ch. 95-143; s. 7, ch. 96-247; s. 1, ch. 2010-208. 1Note.—Some sections within this range have been repealed; ss. 403.93, 403.931, 403.9311, 403.932, 403.933, 403.935, and 403.936 were repealed by s. 13, ch. 95-299. Section 403.938 was amended and transferred to s. 403.9333 by s. 12, ch. 95-299. Copyright ©1995-2022 The Florida Legislature • Privacy Statement • Contact Us ATTACHMENT 1 www.leg.state.fl.us/statutes/index.cfm?App—mode=Display_Statute&Search_String=&URL=0200-0299/0258/Sections/0258.42.htm1 109 2/2 62-330.427 General Permit for Docks, Piers and Associated Structures. (1) A general permit is granted to any person to construct, extend, or remove a dock or pier and associated structures as described below: (a) A private, single-family pier or dock with up to two boat lifts that, together with all existing structures on the shoreline of the property, does not exceed a total area of 2,000 square feet over surface waters. Such a structure: 1. Shall not accommodate the mooring of more than two vessels, either in the water or on a boat lift. Solely for purposes of this general permit, up to two personal watercraft as defined in section 327.02(33), F.S., may be moored in lieu of either or both allowable vessels of another type. These limits shall not apply to the mooring, storage or other use of the dock or pier by: a. Non -motor -powered vessels less than 16 feet in length that are stored on or under the dock or pier, or within an authorized mooring area; or b. Personal watercraft, dinghies or similar small vessels that are stowed out of the water, upon a larger parent vessel that is moored at the dock in compliance with this general permit. 2. Shall be located such that all areas used for vessel mooring and navigational access already provide a minimum depth of two feet below the mean low water level for tidal waters, or two feet below the expected average low water depth for non -tidal waters as determined based on best available information for the water body at the project location; and 3. May include a roof over the vessel mooring areas, boat lifts, and terminal platform, or any portions thereof, subject to the applicable provisions of chapters 253 and 258, F.S., and the rules adopted thereunder. Portions of such roofs that overhang beyond the edge of decked portions of the pier or dock shall be included in the calculation of the total square footage of over -water structure allowed under paragraph (1)(a), above. (b) A public fishing pier that does not exceed a total area of 2,000 square feet provided the structure is designed and built to discourage boat mooring by elevating the fishing pier to a minimum height of five feet above mean high water or ordinary high water, surrounding the pier with handrails, and installing and maintaining signs that state "No Boat Mooring Allowed." (2) This general permit shall be subject to the following specific conditions: (a) Construction or extension of the boat lift, boat mooring locations, or terminal platform, shall not occur over submerged grassbeds, coral communities or wetlands. However, the access walkway portion of the pier may traverse these resources provided it is elevated a minimum of five feet above mean high water or ordinary high water, contains handrails that are maintained in such a manner as to prevent use of the access walkways for boat mooring or access, and does not exceed a width of six feet, or a width of four feet in Aquatic Preserves; (b) There shall be no structures enclosed by walls, screens, or doors on any side; (c) The dock or pier will not facilitate vessel rentals, charters, or serve any other commercial purpose; (d) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on the structures authorized by this general permit. In addition, no overboard discharges of trash, human or animal waste, or fuel shall occur from any structures authorized by this general permit; (e) This general permit shall not authorize the construction or extension of more than one dock or pier per parcel of land or individual lot. For the purposes of this general permit, multi -family living complexes shall be treated as one parcel of property regardless of the legal division of ownership or control of the associated property; and (f) Notwithstanding any other provisions of this general permit, the design, construction and operation of the dock or pier and associated vessels shall not conflict with any manatee protection plan approved and adopted under section 379.2431(2)(t), F.S. Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History -New 10-3-95, Formerly 62-341.427, Amended 10- 1-13, 6-1-18. ATTACHMENT 2 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, May 9, 2019 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircqov.com/Boards/PZC/2019. Present were members: Chairman Todd Brognano, Member -at -Large; Vice Chairman Dr. Jonathan Day, District 4 Appointee; Mr. Patrick Grall, District 1 Appointee; Mr. Alan Polackwich Sr., District 2 Appointee; and Mr. Chip Landers, District 3 Appointee. Ms. Angela Waldrop, District 5 Appointee; Mr. Jordan Stewart, Member -at - Large; and Ms. Teri Barenborg, non-voting School Board Liaison; were absent. Also, present was IRC staff: Mr. Dylan Reingold, IRC County Attorney; Mr. Stan Boling, Community Development Director; Mr. John McCoy, Chief of Current Development; Mr. Roland DeBlois, Environmental and Code Enforcement Chief; and Ms. Lisa Carlson, Recording Secretary. Call to Order and Pledge of Allegiance Chairman Todd Brognano called the meeting to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Additions and Deletions to the Agenda There were none Approval of Minutes ON MOTION BY Dr. Jonathan Day, SECONDED BY Mr. Chip Landers, the members voted unanimously (5-0) to approve the minutes of the April 25, 2019 meeting as presented. Public Hearing Chairman Todd Brognano read the following into the record: A. Consideration of a Request by Garrett Guidroz to amend Land Development Regulation (LDR) Section 932.07, Piers, Docks and Boat Slips, by revising a 400 square foot footprint restriction on unwalled PZC/Approved 1 May 9, 2019 F:\BCC\All Comm ittees\P&Z\2019—AGENDAS & MINUTES\PZC 050919.doc ATTACHMENT 3 0 boat shelters to be consistent with Florida Department of Environmental Protection (FDEP) and other jurisdictional agency requirements [LDRA- 19-07-01 / 2017110127-84336] [Legislative] Mr. Roland DeBlois, Environmental and Code Enforcement Chief, reviewed the proposed LDR amendment that is detailed in the PZC Agenda Packet. He gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) office and recommended that the Commissioners recommend that the BCC adopt the proposed Piers, Docks and Boat Slip amendment of the County LDR regulations, modified to include a 2,000 square foot overall dock area over water limit consistent with FDEP. Mr. Roland DeBlois, along with Mr. Stan Boling, Community Development Director and Mr. Dylan Reingold, IRC County Attorney, answered questions from the Commissioners regarding the proposed amendment. Dr. David Cox, Representative for the Applicant, discussed potential ramifications of the proposed amendment. Chairman Todd Brognano opened the public hearing and when nobody from the audience came forward, proceeded to close the hearing. ON MOTION BY Mr. Alan Polackwich, SECONDED BY Dr. Jonathan Day, the members voted (4-1) to approve staff recommendations on this Legislative matter with a recommendation that staff analyze the possible solutions to limit the overall size of the boat shelter to something that is not obtrusive or unreasonably large. Mr. Chip Landers was the opposing vote. Commissioner's Matters There were none. Planning Matters Mr. Stan Boling stated that it was unlikely that there would be a meeting on May 23rd but expected there to be one on June 131H Attorney's Matters PZC/Approved 2 May 9, 2019 F:\BCC\All Comm ittees\P&Z\2019—AGENDAS & MINUTES\PZC 050919.doc ATTACHMENT3 I( 2 1 There were none. Adiournment There being no further business, the meeting adjourned at 8:02 p.m. PZC/Approved 3 May 9, 2019 F:\BCC\All Committees\P&Z\2019—AGENDAS & MINUTES\PZC 050919.doc ATTACHMENT 3 �vERc�� Indian River County Florida G a c * �OR►o? * Meeting Minutes 3 - Final Board of County Commissioners Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Tuesday, July 2, 2019 9:00 AM Commission Chambers 1. CALL TO ORDER 2. ROLL CALL Present: 5- Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph Flescher Commissioner Peter O'Bryan Commissioner Tim Zorc 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Rev. Joe Moxley, Asbury United Methodist Church 3. PLEDGE OF ALLEGIANCE Bob Solari, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan, to approve the Agenda as presented. The motion carried by the following vote: Aye: 5- Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5. PROCLAMATIONS and PRESENTATIONS Indian River County Florida Page 1 ATTACHMENT 4 Board of County Commissioners Meeting Minutes 3 - Final July 2, 2019 9.A. 19-0546 19th Judicial Circuit Cynthia L. Cox, Circuit Judge: Award of the 2019/2020 Alcohol and Other Drug Abuse Treatment Fund And Designation of Indian River County's Problem Solving Courts As A Chosen Program Recipient Attachments: 2019 IRC DATF Grant Application Judge Cynthia Cox, 19th Judicial Court, reminded the Board that the Alcohol and Other Drug Abuse Trust Fund was created based on court assessments and was to be used for substance abuse and alcohol treatment. She elaborated on the current opioid epidemic and pointed out that there were 500 individuals eligible, but only 80 were enrolled to participate in Drug Court. She expressed her concern that only the privileged could afford the fee of $400.00 per month. Judge Cox further explained that The Florida Supreme Court has mandated the Problem Solving Courts become certified by 2020 and comply with Key Components and Standard Best Practice 2, which include equity and inclusion. Commissioner O'Bryan mentioned that he had attended a graduation ceremony and was impressed with some of the graduates testimony on how the program had changed their lives, and assisted in getting them back on their feet. Commissioner O'Bryan expressed that all the agencies pulled together to make the program a success. Judge Cox thanked the Board for their consideration. A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to approve the request to designate the Indian River County's Problem Solving Courts as a chosen program recipient to receive up to $50,000 from the Alcohol and Other Drug Abuse Trust Fund for use for substance abuse treatment and testing for the drug court, mental health and veteran treatment court participants in Indian River County that are indigent. The motion carried by the following vote: Aye: 5- Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 10. PUBLIC ITEMS A. PUBLIC HEARINGS Indian River County Florida Page 12 ATTACHMENT 4 115 Board of County Commissioners Meeting Minutes 3 - Final July 2, 2019 10.A.1. 19-0541 Consideration of Request by Garrett Guidroz to Amend Land Development Regulation (LDR) Section 932.07, Piers, Docks and Boat Slips, by Revising a 400 Square Foot Footprint Restriction on Unwalled Boat Shelters to be Consistent with Florida Department of Environmental Protection (FDEP) and Other Jurisdictional Agency Requirements [Legislative] Attachments: Staff Report LDR Amend Application Florida Statutes Section 258.42 Florida Administrative Code Section 62-330.427 Sketch of Proposed Guidroz Dock BCC 5/15/1991 Special Meeting Minutes PZC 5/9/2019 Meeting Minutes Proposed Ordinance Interim Community Development Director Roland DeBlois presented a request by Garrett Guidroz to amend Land Development Regulation (LDR) Section 932.07, Piers, Docks, and Boat Slips. He explained that Mr. Guidroz had received approval from the Florida Department of Environmental Protection (FDEP) to modify an existing dock on his lot at 13380 North Indian River Drive. Interim Director DeBlois gave a PowerPoint presentation of the LDR requirements for boat slips, piers and docks, stating that FDEP does allow roofs over boat lifts, provided it does not overhang more than one foot beyond the footprint for the lift and the boat stored at the lift. The Board sought and received answers from Interim Director DeBlois on the size of the proposed boat shelter. Mr. Guidroz's proposed shelter satisfied the 2,000 square foot limit requirement. Dr. David Cox, Periwinkle Lane, Surnmerplace, answered Commissioner O'Bryan's concerns regarding the maximum size of the shelter. A motion was made by Commissioner Zorc, seconded by Vice Chairman Adams, to adopt Ordinance 2019-015, concerning Amendments to its Land Development Regulations (LDRs); providing for Amendments to Chapter 932, Coastal Management; by amending Subsection 932.07(3)(a), Unwalled shelters, of Section 932.07, Piers, docks and boat slips; and by providing for repeal of the conflicting provisions; codification; severability; and effective date. The motion carried by the following vote: Indian River County Florida Page 13 ATTACHMENT 4 11(1P Board of County Commissioners Meeting Minutes 3 - Final July 2, 2019 Aye: 3 - Vice Chairman Adams, Commissioner Flescher, and Commissioner Zorc Nay: 2- Chairman Solari, and Commissioner O'Bryan B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. 19-0548 Notice of Public Hearing for July 9, 2019: Glendale Baptist Church, Inc.'s Request for Conceptual Site Plan and Special Exception Use Approval for Glendale Baptist Church and School [SP -CP -19-03-06 / 2004040365-83388] (Quasi -Judicial) Attachments: Staff Report County Attorney Dylan Reingold read the notice into the record. No Action Taken or Required 10.C.2. 19-0556 Public Notice of Public Hearing Scheduled for July 9, 2019 to Consider Amending Chapter 105 (Purchasing) of the Code of Indian River County [Legislative] Attachments: Staff Report County Attorney Dylan Reingold read the notice into the record. No Action Taken or Required 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation Indian River County Florida Page 14 ATTACHMENT 4 111 b Bruce of Indian River Neighborhood Association was present and said he t ' s the Type uffer should be changed to a Type B buffer. Chairman Day closed loor for public comment. There being no further Commissione estion airman Day called for a Motion. ON MOTION BY Landers, ONDED BY Jordan Stewart, t members voted unanim ly (5-0) to rec end approval of the requested amen is to and Development Regulations Sections 901.03, 911. , and 971.13. Public Hearing Chairman Day read the following into record: B. Consideration of a Request by David L. Cox, Ph.D., to Amend Land Development Regulation (LDR) Section 932.07, Piers, Docks and Boat Slips, by Revising the Size Restrictions on Unwalled Boat Shelters to be Consistent with Florida Department of Environmental Protection (FDEP) and Other Jurisdictional Agency Requirements [LDRA- 22-05-01 / 2022020086-91934] Chairman Day asked if any members had any ex -parte communication or conflict that would not allow them to make an unbiased decision. There were none. IRC Principal Environmental Planner Steven Hitt reviewed information about the request to amend Land Development Regulation (LDR) Section 932.07 and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. Mr. Hitt gave some background and history of amendments to the County LDR's regarding size limitations of unwalled shelters and boat slips. Mr. Hitt gave a brief overview of Florida's state law requirements and administrative code regarding limitations to private single family dock facilities. Mr. Hitt explained that previous LDR amendments were passed which gave limitations that corresponded to the size of the dock and added a one foot overhang provision. Mr. Hitt explained how this has not been fully consistent with State requirements. Mr. Hitt gave some examples of how this has created unintended consequences, including incentivizing maximum dock sizes. Mr. Hitt reviewed the proposed amendment. Mr. Hitt highlighted the unchanged LDR requirements and discussed criteria being kept which include aquatic seagrass limitations, limitations on height, and dock setback and extension limitations. Mr. Hitt discussed staff findings and potential benefits of the proposed amendment as well as Commissioner options. Mr. Hitt explained the proposed changes will be consistent with other State jurisdictional agencies. Mr. Hitt ended his presentation by recommending the language of the amendment be adopted as proposed. PZC Approved Meeting Minutes 3 September 22, 2022 ATTACHjM�yE�NT 5 I l/ Mr. Mucher asked how these regulations relate to any municipality regulations. Mr. Hitt explained that this would only affect the unincorporated portion of the County. Mr. Hitt showed a map that highlighted the general location of marginal docks and moorings. There was discussion about size limitations. Mr. Hitt was asked about feedback from area dock builders. Mr. Hitt responded that a lot of shelters are canvas walled and they do not see many covered boat shelters. Mr. Hitt further discussed State versus County restrictions and in response to a Commissioner question, explained the revised proposal is more restrictive than State restrictions in some aspects and not in others. Chairman Day opened the floor for public comment. Mr. Chris Pinson of Indian River Docks, LLC was present and discussed challenges presented when constructing a boat cover. Mr. Pinson described how people are building more dock as a work around to the current size restrictions. In response to a Commissioner question, Mr. Pinson said that the proposed amendments solve these problems. Mr. Pinson also noted that in regard to permitting, most HOA's have their own regulations and restrictions and, therefore, there are many situations where this is not applicable. Dr. David Cox was present and stated he is partners with Mr. Pinson. Dr. Cox said that the State and Federal regulations are more restrictive than the County regulations. Dr. Cox discussed water depths and maximum structure guidelines. Dr. Cox said that he has difficulty explaining the County regulations to customers and that the regulations are difficult to interpret as currently written. Dr. Cox said he feels adopting the language of the proposed amendment would solve problems and would not make the requirements less stringent. Mr. Joseph Paladin, representative of the Land Use Committee of the Indian River Neighborhood Association, was present and said he supports the staff recommendation to adopt the amendment. There being no further comments Chairman Day closed the floor for public comment. There being no further Commissioner questions, Chairman Day called for a Motion. ON MOTION BY Jordan Stewart, SECONDED BY Chip Landers, the members voted unanimously (5-0) to approve staff's recommendation to adopt the proposed amendment to Land Development Regulation Section 932.07. Commissioners Matters There were none. PZC Approved Meeting Minutes 4 September 22, 2022 ATTACHMENT 5 18-21.003 Definitions. When used in these rules, the following definitions shall apply unless the context clearly indicates otherwise: (1) "Accretion" means the process of gradual and imperceptible additions of sand, sediment, or other material to riparian lands made by the natural action of water which results in dry lands formerly covered by water. (2) "Activity" means any use of sovereignty lands which requires board approval for letter of consent, lease, easement, sale, or transfer of interest in such sovereignty lands or materials. Activity includes, but is not limited to, the construction of docks, piers, boat ramps, board walks, mooring pilings, dredging of channels, filling, removal of logs, sand, silt, clay, gravel or shell, and the removal or planting of vegetation on sovereignty lands. (3) "Applicant" means any person making application for a lease, sale, or other form of conveyance of an interest in sovereignty lands or any other necessary form of governmental approval for an activity on sovereignty lands. (4) "Appraisal services" has the same meaning as provided in Rule 18-1.002, F.A.C. (5) "Approved appraisal" has the same meaning as provided in Rule 18-1.002, F.A.C. (6) "Approved upland residential units" means the number of residential units given final approval by a local government for one parcel of land riparian to the affected waterbody. For the purpose of this rule, conceptual approval shall not be deemed to constitute final approval. (7) "Aquaculture" means the cultivation of aquatic organisms and associated activities, including, but not limited to grading, sorting, transporting, harvesting, holding, storing, growing and planting. (8) "Aquaculture Activities" means any activities related to the production of aquacultural products, including, but not limited to, producing, storing, handling, grading, sorting, transporting, harvesting, and aquacultural support docking. (9) "Aquaculture Restoration" means the controlled propagation and subsequent planting and husbandry of native, aquatic plants and animals on sovereignty submerged lands, not affixed to public or private dock or pier, for wild population enhancement. (10) "Aquaculture Use Zone" means a contiguous tract of sovereignty submerged lands which allows for an array of multiple aquaculture leases configured to facilitate management and enforcement. (11) "Artificial accretion" means the addition of sand, sediment, or other material to riparian lands caused by man-made projects and operations which results in dry lands formerly covered by water. (12) "Artificial erosion" means the slow and imperceptible loss or washing away of sand, sediment, or other material from property caused by man-made projects and operations. (13) "Avulsion" means the sudden or perceptible loss of or addition to land by the action of water or the sudden or perceptible change in the bed of a lake or the course of a stream. (14) `Benthic communities" means any sovereignty submerged land where any of the following associations of indigenous interdependent plants and animals occur: grass beds, algal beds, sponge beds, octocoral patches or beds, hard coral patches or reefs, and tidal swamps, including mangroves, identified in any reports submitted pursuant to paragraph 18-21.004(2)(c), F.A.C., Communities is intended to reflect identifiable assemblages of organisms as opposed to scattered or single individuals. (15) `Board" means Board of Trustees of the Internal Improvement Trust Fund or delegate. (16) "Channel" means a trench, the bottom of which is normally covered entirely by water, with the upper edges of its sides normally below water. (17) "Coastal barrier islands" means a depositional geologic feature consisting of unconsolidated sedimentary materials in an island configuration which is subject to direct attack by wave, tidal, and wind energies originating from the Atlantic Ocean or Gulf of Mexico, and which serves to protect landward aquatic habitats, such as bays and estuaries, and the interior uplands of the mainland from oceanic wave, tidal, and wind forces. (18) "Coastal island" means a coastline geological feature lying above mean high water that is completely separated from the coastal mainland by marine or estuarine waters, including those parcels of land which become insular due to natural causes, and is composed of any substrate material, including spoil material. This specifically includes, in addition to exposed coastal islands: (a) All islands within aquatic preserves except for Lake Jackson, Rainbow River, and Wekiva River Aquatic Preserves; and, (b) Other islands within confined or semi -confined marine or estuarine waters with an open connection to the Atlantic Ocean or Gulf of Mexico such as bays, lagoons or inlets. Except for coastal islands within the specified aquatic preserves, it does not include islands or portions of islands within rivers leading into marine and estuarine waters more than one mile upstream of a line drawn at the river mouth from headland to headland. (19) "DACS" means the Florida Department of Agriculture and Consumer Services for the purposes of aquaculture in Rules 18 - ATTACHMENT 6 �Y 21.020,18-21.021 and 18-21.022, F.A.C. (20) "Department" means the State of Florida Department of Environmental Protection (DEP), as administrator for the Board. (21) "Division" means the Division of State Lands which performs all staff duties and functions related to the administration of lands, title to which is or will be vested in the board pursuant to Section 253.002, F.S. (22) "Dock" means a fixed or floating structure, including access walkways, terminal platforms, catwalks, mooring pilings, lifts, davits and other associated water -dependent structures, used for mooring and accessing vessels. (23) "Easement" means a non -possessory interest in sovereignty lands created by a grant or agreement which confers upon the applicant the limited right, liberty, and privilege to use said lands for a specific purpose and for a specific time. (24) "Economic demand" means the Projections of Marina Need by County as determined by the Department of Environmental Protection. (25) "Energy production" means the exploration for, and extraction of, hydrocarbons, including necessary transmission through pipelines, or the water -oriented activities related to the generation of electricity. (26) "Factual or physical exploration results" means all data and information, excluding interpreted data, gathered as the result of any and all operations conducted under this use agreement by whatever means. (27) "Fastland" means that portion of a coastal island above the upper limit of tidal wetland vegetation, or, if such vegetation is not present, that portion of the island above the mean high water line. (28) "Fill" means materials from any source, deposited by any means onto sovereignty lands, either for the purpose of creating new uplands or for any other purpose, including spoiling of dredged materials. (29) "First come, first served" means any water dependent facility operated on the sovereign lands of the state the services of which are open to the general public with no qualifying requirements such as club membership, stock ownership, or equity interest, with no longer than one-year rental terms, and with no automatic renewal rights or conditions. This is intended to cover services offered to various types, classes or groups of public users and such services need not be comprehensive. The service offered may be a specialty service such as boat repair, seafood purchasing, marine slip rentals or shipping terminals as long as all services offered are open to the general types, classes, or groups of public users with no qualifying requirements such as club membership or stock ownership or equity interest. (30) "Geophysical testing" means the use of gravity, seismic, and similar geophysical techniques to obtain information and data on oil, gas or other mineral resources. Seismic techniques include air guns, sparker, sniffer, waterguns, mini -sleeve systems, steam injection, percussion sampling, electronic equipment, jet and dart methods, and other non -explosive energy sources. No explosives shall be used when conducting geophysical testing on or above sovereignty submerged lands. (3 1) "Incidental Crossings" means the laying of geophysical recording cable on state-owned creek, stream, river or lake bottoms for the purpose of conducting geophysical surveys pursuant to geophysical permits issued by the Department. (32) "Income" means the gross revenue derived directly or indirectly from the use of sovereignty submerged lands such as slip rental, lease or sublease fees; dock or pier admission fees; club memberships, stock ownership or equity interest in activities where an increased revenue is attributable to the use of the sovereignty submerged lands or "sales" of slips. However, gross revenue shall not include pass-through fees such as fees for utility services or sale of the facility or sales of products not occurring on sovereignty submerged lands. Gross revenue shall include all future payments made for the transfer of the interest in a slip originally obtained from the Board's lessee, including transfer of slip rights by slip sublessees, slip "sellers," slip interest transfers, new club memberships, and other similar transactions. (33) "Lease" means an interest in sovereignty lands designated by a contract creating a landlord -tenant relationship between the board as landlord and the applicant as tenant whereby the board grants and transfers to the applicant the exclusive use, possession, and control of certain specified sovereignty lands for a determinate number of years, with conditions attached, at a definite fixed rental. (34) "Letter of consent" means a nonpossessory interest in sovereignty submerged lands created by an approval which allows the applicant the right to erect specific structures or conduct specific activities on said lands. (35) "Management agreement" means a contractual agreement between the board and one or more parties which does not create an interest in real property but merely authorizes conduct of certain management activities on lands held by the board. (36) "Marginal dock" means a dock placed adjacent to and parallel with and no more than 10 feet waterward from the shoreline or seawall, bulkhead or revetment. (37) "Marina" means a small craft harbor complex used primarily for recreational boat mooring or storage. ATTACHMENT 6 L� (38) "Mean high water" means the average height of the high tides over a 19 -year period. For shorter periods of observation, "mean high water" means the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19 -year value. (39) "Mean high water line" means the intersection of the local elevation of mean high water with the shore. Mean high water line along the shore of land immediately bordering on navigable waters is recognized and declared to be the boundary between the foreshore owned by the State of Florida in its sovereign capacity and the uplands subject to private ownership. However, no provision of this rule shall be deemed to impair the title to privately owned submerged lands validly alienated by the State of Florida or its legal predecessors. (40) "Minimum -size dock or pier" means a dock or pier that is the smallest size necessary to provide reasonable access to the water for navigating, fishing, or swimming based on consideration of the immediate area's physical and natural characteristics, customary recreational and navigational practices, and docks and piers previously authorized under this chapter. The term minimum - size dock or pier shall also include a dock or pier constructed in conformance with the exemption criteria in Section 403.813(1)(b), F.S., or in conformance with the private residential single-family dock criteria in subsection 18-20.004(5), F.A.C. (4 1) "Multi -slip docking facility" means any marina or dock designed to moor three or more vessels. (42) "Nomination" means a proposal for an oil and gas lease. (43) "Offshore testing" means geophysical testing in the water column above sovereignty submerged lands in bays, estuaries, and Florida Territorial Waters seaward of the mean high water line. (44) "Open-air dining area" means a fixed or floating structure that serves as a platform for tables and chairs associated with a contiguous upland food or beverage restaurant that is open to the public. (45) "Person" means individuals, minors, partnerships, corporations, joint ventures, estates, trusts, syndicates, fiduciaries, firms, and all other associations and combinations, whether public or private, including the United States of America and other governmental entities. (46) "Pier" means a fixed or floating structure used primarily for fishing or swimming and not designed or used for mooring or accessing vessels. (47) "Pre-cut sunken timber," also commonly referred to as "deadhead logs," "deadheads," and "sinker wood," means sunken first -growth timber logs that were hand -cut, harvested and floated to downstream sawmills in the late 1700s to early 1900s that became waterlogged and sank to the bottom of lakes and rivers. (48) "Preempted area" means the area of sovereignty submerged lands from which any traditional public uses have been or will be excluded by an activity, such as the area occupied by docks, piers, and other structures; the area between a dock and the shoreline where access is not allowed, between docks, or areas where mooring routinely occurs that are no longer reasonably accessible to the general public; permanent mooring areas not associated with docks; and swimming areas enclosed by nets, buoys, or similar marking systems. When the Board requires an activity to be moved waterward to avoid adverse resource impacts, the portion of the nearshore area that is avoided by the proposed activity shall not be included in the preempted area. (49) "Private channel" means a channel that is dredged or maintained by private entities to provide access to or from such locations as private residences, marinas, yacht clubs, vessel repair facilities, or revenue -generating facilities. (50) "Private residential multi -family dock or pier" means a dock or pier on a common riparian parcel or area that is intended to be used for private recreational or leisure purposes by persons or groups of persons with real property interest in a multi -family residential dwelling such as a duplex, a condominium, or attached single-family residences or a residential development such as a residential or mobile home subdivision. (5 1) "Private residential single-family dock or pier" means a dock or pier used for private recreational or leisure purposes that is located on a single-family riparian parcel or that is shared by two adjacent single-family riparian owners if located on their common riparian rights line. (52) "Processed records" means data collected under the terms of a use agreement for geophysical testing. Processing involves changing the form of data so as to facilitate interpretation. Processing operations may include, but are not limited to, applying corrections for known perturbing causes, rearranging or filtering data, and combining or transforming data elements. Processing shall not include the interpretation of any data collected. (53) "Public channel" means a channel that is constructed or maintained by a public entity such as a federal or state agency, local government, or inland navigation district listed in Chapter 374, F.S., or that is part of a public navigation project, public water management project, or a deepwater port listed in Section 403.021(9)(b), F.S. ATTACHMENT 6 _�2, (54) "Public interest" means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action, and which would clearly exceed all demonstrable environmental, social, and economic costs of the proposed action. In determining the public interest in a request for use, sale, lease, or transfer of interest in sovereignty lands or severance of materials from sovereignty lands, the board shall consider the ultimate project and purpose to be served by said use, sale, lease, or transfer of lands or materials. (55) "Public navigation project" means an activity primarily for the purpose of navigation which is authorized and funded by the United States Congress or by port authorities as defined by Section 315.02(2), F.S. (56) "Public utilities" means those services, provided by persons regulated by the Public Service Commission, or which are provided by rural cooperatives, municipalities, or other governmental agencies, including electricity, public water and wastewater services, and structures necessary for the provision of these services and transmission lines for public communication systems such as telephone, radio and television. (57) "Public water management project" means an activity primarily for the purpose of flood control, conservation, recreation, water storage and supply, and allied purposes, which is authorized and funded by the United States Congress, the State of Florida, or a water management district as defined by Section 373.069, F.S. (58) "Reclamation of lands" means restoring the upland shoreline to a condition that existed prior to avulsion or artificial erosion. (59) "Registered grandfathered structure" means any structure that has been formally registered with the department as a grandfathered structure as evidenced by submittal of an acceptable application prior to September 30, 1984. (60) "Restoration Organization" means a Florida corporation not for profit, incorporated under the provisions of Chapter 617, F.S., and approved by the Department of State, that conducts business to benefit Florida's aquatic environment. (61) "Restroom facilities" means an accessible restroom on a public pier that is connected to a domestic wastewater facility or portable restroom, pursuant to Rule 64E-6.0101, F.A.C., secured on a public pier. (62) "Revenue -generating" means any structure or activity on sovereignty submerged lands that generates revenue or income by any means or serves as an accessory activity or facility to any revenue -generating or income producing operation, such as docking for marinas, restaurants, hotels, motels, commercial fishing, shipping, and boat or ship construction, repair and sales. However, the following shall not be construed to be revenue -generating or income producing: the sole act of mooring a commercial vessel at the vessel owner's private residential single-family dock; incidental aquaculture activities on a private residential dock or pier; rental of a private single-family residence with a dock or pier; or construction by a developer of a private residential single-family or multi- family dock or pier. (63) "Riparian rights" means those rights incident to lands bordering upon navigable waters, as recognized by the courts and common law. (64) "Sale" means a conveyance or transfer of title of sovereignty lands in fee simple by the board, for consideration. (65) "Satisfactory evidence of sufficient upland interest" shall be demonstrated by documentation, such as a warranty deed; a certificate of title issued by a clerk of the court; a lease; an easement; or condominium, homeowners or similar association documents that clearly demonstrate that the holder has control and interest in the riparian uplands adjacent to the project area and the riparian rights necessary to conduct the proposed activity. Other forms of documentation shall be accepted if they clearly demonstrate that the holder has control and interest in the riparian uplands adjacent to the project area and the riparian rights necessary to conduct the proposed activity. (66) "Slip" or `vet slip" means an area of the water column above sovereign submerged lands specifically set aside for a boatlift or the mooring of a single vessel associated with a docking facility. (67) "Sovereignty subiherged lands" means those lands including but not limited to, tidal lands, islands, sand bars, shallow banks, and lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally -influenced waters, to which the State of Florida acquired title on March 3, 1845, by virtue of statehood, and which have not been heretofore conveyed or alienated. For the purposes of this chapter sovereignty submerged lands shall include all submerged lands title to which is held by the Board. (68) "Special Event" means the installation and use of temporary structures, including docks, moorings, pilings, and access walkways on sovereign submerged lands solely for the purposes of facilitating boat shows or boat displays in, or adjacent to, established marinas or government owned upland property. (69) "Spoil island" means any artificially created island having an elevation above water upon formerly submerged sovereign ATTACHMENT 6 lands, title to which is vested in the board. (70) "Spring" means a point where ground water emerges onto the earth's surface, including under any surface water of the state, excluding seeps. The term "spring" shall include karst windows, a depression opening that reveals portions of a subterranean flow or the unroofed portion of a cave. (71) "Spring run" means a body of flowing water that originates from a spring or whose primary source of water is from a spring or springs under average rainfall conditions. (72) "Telecommunication line" means any cable utilized for the purpose of transmitting such things as voice communications, video signals, Internet material, electronic mail, or data. (73) "Undeveloped coastal island" means a coastal island not directly or indirectly connected to the mainland by a bridge suitable for automobile traffic, and which has an overall density of less than one structure per five acres of fastland as of December 18, 1990. For the purpose of this definition, a structure means a walled and roofed habitable structure that is principally above ground and affixed to a permanent foundation with a projected ground area exceeding 200 square feet and constructed in conformance with all applicable legal requirements. For the purpose of determining density, facilities such as docks, groins, utility poles and pipelines are not counted as structures. (74) "Undeveloped coastal island segment" means, for an unbridged coastal island with an overall density of greater than or equal to one structure per five acres of fastland, a segment or portion of the island which either is at least one-quarter mile in linear shoreline length or comprises a minimum of 25 percent of the total fastland of the island and which contains less than one structure per five acres of fastland as of December 18, 1990. A segment boundary shall be contiguous with a line drawn from the shore at the point of the outermost structure within a developed area to intersect each shoreline, then continue laterally along the sinuosity of each shoreline until another developed area is encountered or the end of the island is reached. For the purpose of this definition, a structure means a walled and roofed habitable structure that is principally aboveground and affixed to a permanent foundation with a projected ground area exceeding 200 square feet and constructed in conformance with all applicable legal requirements. For the purpose of determining density, facilities such as docks, groins, utility poles and pipelines are not counted as structures. (75) "Unregistered grandfathered structure" means any unregistered revenue generating structure constructed prior to March 10, 1970, or unregistered multi -family residential or other nonrevenue generating structure constructed prior to March 27, 1982, which preempted at time of construction in excess of ten square feet of sovereignty submerged land per foot of shoreline owned by an applicant. Multi -family residential or other nonrevenue generating structures approved by the board or department between March 10, 1970 and March 27, 1982, but not constructed until after March 27, 1982, shall also be considered as unregistered grandfathered structures only if constructed pursuant to a valid Department of Environmental Protection permit or Department of Environmental Protection exemption. (76) "Use agreement" means a grant or agreement which confers upon the applicant a nonexclusive and limited right, liberty and privilege to use sovereign lands for a specific purpose and for a specific time. (77) "Water dependent activity" means an activity which can only be conducted on, in, over, or adjacent to water areas because the activity requires direct access to the water body or sovereign submerged lands for transportation, recreation, energy production or transmission, or source of water, and where the use of the water or sovereign submerged lands is an integral part of the activity. Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.001, 253.002, 253.03, 253.68, 253.77 FS. History—New 9-26-77, Formerly 16C-12.01, 16Q-17.01, Amended 3-27-82, 8-1-83, 2-25-85, Formerly 16Q-21.03, 16Q-21.003, Amended 12-25-86, 1-25-87, 3-15-90, 8-18-92, 3- 20-94, 10-15-98, 8-1-01, 12-11-01, 10-29-03, 12-16-03, 3-8-04, 1-1-06, 4-14-08, 9-1-09, 3-21-19, 6-10-21. ATTACHMENT 6 1Z� ORDINANCE 2022 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 932, COASTAL MANAGMENT; BY AMENDING SUBSECTION 932.07(3)(A), UNWALLED SHELTERS, OF SECTION 932.07, PIERS, DOCKS AND BOAT SLIPS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 932, COASTAL MANAGEMENT, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 932.07, Piers, docks and boatslips, as follows: Section 932.07. Piers, docks and boatslips. (1) Restrictions upon regularly moored watercraft; maintenance. Watercraft shall not be regularly moored along any shore without consent of the riparian land owner. Regularly moored watercraft shall not be used as live -aboard vessels, offices or commercial enterprises except in commercial marinas with approval and facilities for that purpose. Regularly moored watercraft shall be kept in seaworthy condition when not in a permitted repair area. The mooring of live -aboard vessels (as defined in Chapter 901) in commercial marinas shall be limited to those boat slips designated for live -aboard vessels use on an approved site plan meeting the provisions described in section 971.35(3). (2) Location of boatslips. Boatslips shall be permitted only as a wet storage area adjacent to a dock, marina, boat livery, or boat yard. Boat slips shall not encroach upon a riparian side yard setback as determined by the applicable zoning side yard setback of the zoning district in which the project is located, as extended waterward from the adjacent upland. No portion of a watercraft moored at such boatslip shall project into the extended riparian side yard setback, unless necessary to allow the utilization of riparian rights. (3) Projection of waterfront structures. (a) Unwalled shelters. Unwalled shelters may be erected over boatslips associated with docks or over the terminal platform associated with private observation/fishing piers and public piers; however, no part of such shelter may be erected waterward of the mean high water line (MHWL) unless the following conditions are met: 1. The applicant shall provide a detailed inventory of sea grasses and submerged aquatic vegetation in the area to reviewing county staff; 2. The applicant must demonstrate that the unwalled shelter does not adversely impact light- sensitive aquatic resources such as sea grasses; 3. The combined total surface area of the unwalled shelter, walkway, and the terminal platform of the associated dock, private observation/fishing pier, or public pier shall not exceed Florida Department of Environmental Protection (FDEP) size limitations where such structures are located in an aquatic preserve:, provided that in no case, however, shall tT-he surface area covered by an unwalled shelter s ntt not exeeea f ....1,..«a_e,t (400) square feet e« a asst. at of the a mbine,7 ♦eW of ee afea of the ntim . .n4e. fie t s—istur-A ] $ � extend more than one foot beyond the footprint of thea boatlift, as well as a boat with trimmed motor(s) stored atop Bold Underline: Additions to Ordinance 1 Strike through. Deleted Text from Existing Ordinance FXommunity Development\Users\Steven Hitt\LDR Amendment\2022020086-91934\2022-_932.07(3) Proposed Ordinance.docx ATTACHMENT 7 I ORDINANCE 2022 - the boats lift, consistent with Florida Department of Environmental Protection (FDEP) and other jurisdictional aaency requirements. Such shelters are not included in the square footage calculation of a terminal platform. Unwalled shelters on a private observation/fishing pier shall not exceed one hundred sixty (160) square feet; and 4. The height of the unwalled shelter shall not exceed twenty (20) feet above the mean high water line. (b) Extension of docks, public piers, and private observation/fishing piers in waterways; generally. 1. Docks, including tie -off piles, mooring or dolphin poles, and public piers shall not project outward from the shore more than twenty-five (25) percent of the width of the waterway at a point where they are located. The outward projection of a dock and associated structures shall be measured from the water's edge at mean low tide. The location, dimensions, and structural character of all structures shall be in conformity with applicable federal and state jurisdictional agency regulations. 2. Private observation/fishing piers shall not project outward from the shore more twenty-five (25) percent of the width of the waterway at a point where the fishing pier is located, or thirty- five (35) feet beyond the shoreline, whichever is less. The outward projection of an observation/fishing pier shall be measured from the water's edge at mean low tide. The location, dimensions, and structural character of all structures shall be in conformity with applicable federal and state jurisdictional agency regulations. (c) [Exceptions.] Application of paragraphs in "b" above shall not result in a unobstructed waterway of less than twenty-five (25) feet in width (twelve and one-half (121/2) feet either side of the waterway centerline). (4) Riparian side yard setback encroachment prohibited. No dock, pier, boat shelter or other waterfront structure may encroach on a required riparian side yard setback as extended waterward for the zoning district in which the project is located, unless such an encroachment is necessary for the utilization of riparian rights. Notwithstanding, an applicant shall have an opportunity to apply for an administrative approval to construct a water front structure within a riparian side yard setback, under the following circumstances. (a) Shared facilities. Adjoining property owners desiring to share dock/boat slip facilities may apply for administrative approval pursuant to the provisions of Chapter 914. The applicants shall provide a detailed plan showing the dock location and configuration and all aquatic and shoreline vegetation. If approved, shared facilities may allow for up to four (4) or less boat slips without being considered multi -slip facilities. The applicant(s) shall also provide written confirmation of a recorded access easement which verifies joint access to the proposed structure. Adjoining property owners sharing dock boat/slip facilities shall not be permitted to construct additional, separate dock/boat slip facilities prior to the removal of the existing structure. Encroachment of the shared facility may only occur with regards to the adjoining property owner's shared lot lines. (b) Hardships. In cases where lot configurations may create a hardship as applied to riparian side yard setback encroachment of single-family dock/boat slips, the applicant may apply for administrative approval pursuant to the provisions of Chapter 914. The applicant shall provide a detailed plan indicating the nature of the hardship as well as the proposed dock location, specifications and any aquatic or shoreline vegetation. County staff shall notify any affected adjacent property owner, as applicable, of the pending application. In all cases, the proposed encroachment shall be the minimum necessary to allow for the desired use. (c) Environmental constraints. In cases where environmental conditional on a subject property are such that the location of a dock or other waterfront structure within a riparian side yard setback would afford the best protection of on-site natural resources, an applicant may apply for and be granted an administrative approval pursuant to the provisions of Chapter 914. Natural resources that warrant Bold Underline: Additions to Ordinance 2 Strike threes Deleted Text from Existing Ordinance F:\Community Development\Users\Steven Hitt\LDR Amendment\2022020086-91934\2022-_932.07(3) Proposed Ordinance.docx ATTAC H M�%E! 7 71 2(0 (0 ORDINANCE 2022 - riparian side yard setback encroachment consideration for protection purposes include mangroves and submerged aquatic vegetation. (5) Environmental impact considerations. Piers, docks, boat shelters, and other waterfront structures shall be located in order to minimize negative impacts on shoreline vegetation and marine grassbeds, as applicable. On riparian property where the location of a waterfront structure over or in the vicinity of light-sensitive aquatic vegetation (such as sea grasses) is unavoidable, such structure (or portion thereof) shall be constructed a minimum of five (5) feet above the mean high water level where said aquatic vegetation exists or could potentially exist, as determined by county environmental planning staff. Said determination shall be based on staff review of seagrass inventory information and site specific conditions. (6) Design and construction characteristics of private observation/fishing piers. All private observation/fishing piers shall be constructed to the following design characteristics: (a) The main access pier shall not exceed four (4) feet in width. (b) The terminal platform shall not exceed one hundred sixty (160) square feet in area and shall not be used for docking a boat. (c) The water depth at the outermost projection of the private observation/fishing pier shall not exceed two (2) feet mean high water (MHW). (d) Handrailing, built to Southern Building Code standards, shall be installed around that portion of the perimeter, of the observation/fishing pier, that extends waterward of the mean high water line. (e) That portion of the fishing pier that extends waterward of the mean high water line shall be elevated at least five (5) feet above the mean high water line, as measured from the top of the decking material. This elevation shall apply to both the main access pier as well as the terminal platform. The purpose of the elevation is to reduce or eliminate the potential for mooring of boats at the observation/fishing pier. (f) "No Mooring" signs shall be installed on opposite sides of the main access pier and on the end of the terminal platform facing waterward (i.e., three signs in total). Lettering shall be no less than four (4) inches high and no greater than six (6) inches high. (7) Prohibition ofprivate observation#t'shing piers in the Pelican Island National Wildlife Refuge. No private fishing pier shall be permitted, authorized, or built within the Pelican Island National Wildlife Refuge. SECTION #2: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or re -lettered to accomplish such, and the word 'ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE Bold Underline: Additions to Ordinance 3 Strike t}xeaghr Deleted Text from Existing Ordinance F:\Community Development\Users\Steven Hitt\LDR Amendment\2022020086-91934\2022-_932.07(3) Proposed Ordinance.docx ATTACH M ENT 7 ORDINANCE 2022 - This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2022, for a public hearing to be held on the day of , 2022, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2022. I� Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phillip J. Matson, AICP; Community Development Director Bold Underline: Additions to Ordinance Deleted Text from Existing Ordinance F:\Community Development\Users\Steven Hitt\LDR Amendment\2022020086-91934\2022-_932.07(3) Proposed Ordinance.docx 4 ATTACHMENT 7 Request by David L. Cox, Ph.D. to Amend LDR Section 932.07 Unwalled Boat Shelter Requirements Board of County Commissioners November 1, 2022 o Section 932.07 - 1991 to 2019 O Shall not exceed Florida Department of Environmental Protection (FDEP) size limitations (Aquatic Preserves) O Footprint of unwalled shelters 5 400 square feet or less. O 2019 o LDR amendment submitted by Mr. Garrett Guidroz O Remove 400 square foot size limitation o Construct a 976 square foot unwalled shelter over two combined boatlifts at (13380 N. Indian River Dr). o Seek consistency with state/federal requirements State Requirements 0 2019 -Present: F.S. Section 258.42, Maintenance of [Aquatic] Preserves. o (3)(e)1. Private residential docks may be approved for reasonable ingress or egress of riparian owners. Slips at private residential single-family docks which contain boat lifts or davits that do not float in the water when loaded may not, in whole or in part, be enclosed by walls, but may be roofed if the roof does not overhang more than 1 foot beyond the footprint of the lift and the boat stored at the lift. 0 2018: F.A.C. 62-330.427, General Permit for Docks, Piers and Associated Structures (FDEP Rule) o (1)(a) A private, single-family pier or dock with up to two boat lifts that, together with all existing structures on the shoreline of the property, does not exceed a total area of 2,000 square feet over surface waters. Background o At public hearing held May 9, 2019, the PZC voted 4 to 1 to: o Recommend that the BCC adopt submitted LDR amendments 4 Directed staff to analyze possible solutions/revisions to limit the overall size of boat shelters to something that is "not obtrusive or unreasonably large" (primary concerned w/ marginal docks) o County LDRs were amended by staff with the following conditions: o Unwalled shelters up to 1,000 square feet are allowed. o Unwalled shelters must not exceed 50% of the combined total surface area of the entire waterfront structure located waterward of the MNWL. o Roof cannot extend more than one foot beyond the footprint of the boat stored at the boatslip. Background o Revised ordinance adopted by BCC (3-2 vote) at July 2, 2019 meeting o Coury unwalled boat shelter requirements, in effect since 2019, were adopted to: Al ow (with regulation) unwalled boat shelters in excess of 400 square feet; o Be more consistent with state and other jurisdictional requirements; and o Estabish a size limit to prevent abusive out -of -scale size o Cour _y unwalled shelter requirements remain inconsistent with state requl�ements and 2019 amendments have created concerns regarding unintended consequences. Unintended Consequences o Seeing increased demand for multiple unwalled shelters: o Size of Unwalled shelter(s) tied to dock size o Inren-ivizes larger docks in "open water" (non -canal) locations o State/federal regulations not tied to dock size — have 2,000 square foot limit o Shelter overhang— no more than 1 foot beyond boat/lift footprint: o Pri-naTily affects canal locations and marginal docks O Disparate impact on shelters 400 square feet or less o Vesse: dimensions have been reduced c Unreasonable and/or undesirable sizes 0 2C19 amendment created additional regulation for marginal docks Proposed LDR Amendment o Amend LDR 932.07(3)(a)3. as follows: o The combined total surface area of the unwalled shelter, walkway, and the terminal platform of the associated dock, private observation/fishing pier, or public pier shall not exceed Florida Department of Environmental Protection (FDEP) size limitations where such structures are located in an aquatic preserve, provided that in no case, however, shall the surface area covered by an unwalled shelter extend more than one foot beyond the footprint of a boatlift, as well as a boat with trimmed motor(s) stored on the boatlift, consistent with Florida Department of Environmental Protection (FDEP) and other jurisdictional agency requirements. Such shelters are not included in the square footage calculation of a terminal platform. Unwalled shelters on a private ooservation/fishing pier shall not exceed one hundred sixty (160) square feet; and Planning and Zoning Commission (PZC) Recommendation o At a public hearing held on September 22, 2022, the PZC voted unanimously (5 to 0) to recommend that the Board of County Commissioners adopt the proposed LDR Section 932.07 revisions removing the current unwalled boat shelter maximum size limitations. Unchanged LDR Requirements o The applicant must demonstrate that the unwalled shelter does not adversely impact light sensitive aquatic resources (seagrasses) [932.07(3)(a)2.] o The height of the unwalled shelter shall not exceed 20 feet above MHWL [932.07(3)(a)4.] o No boat shelter may encroach on a riparian side yard setback (exceptions for shared facilities, hardships, and environmental constraints) [932.07(4)] o Docks shall not extend more than 25% of the width of the waterway (e.g., in canals) [932.07(3)(b)] Staff's Findings o The proposed amendment will: o Make the County's unwalled boat shelter size limit consistent with other jurisdictional agency requirements o Reasonably enhance but adequately regulate private riparian rights o Result in minimal environmental impacts due to other existing County and State requirements that will continue to apply o Reduce or eliminate unintended consequences created by 2019 amendments Alternatives o Adopt the amendment as proposed; or o Adopt the amendment with modifications (e.g., include/reflect FDEP's 2,000 sq. ft. overall dock area over water limit in County LDRs); or o Deny the proposed amendment Staff Recommendation o Staff recommends that the Board of County Commissioners adopt the proposed ordinance revising unwalled boat shelter size restrictions. 6,000 5,500 5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 FLHSMV 2021 Indian River County Registered Vessels 5,859 Recreational ■ Commercial 2,194 1,272 851 9 59 17957 149 7 13 1 1 0 155 1 Class A-1: < Class A-2: 12 - Class 1: 16 - 25' Class 2: 26 - 39' Class 3: 40 - 64' Class 4: 65 - Class 5: 110' Canoes than 12' 15'11" 11" 11" ill, 109,111, More DOCK PERMITTING IN FLORIDA vERMIT APrUCAnow FFt famspt pvd[s'In 9WNRDDingflacK'wlyPtKrs SCHfpUIE Upm SlL squace lewdavvwate, spdace area.Orre prwate dxRlror. rwg Once SHr<ertA[aEonaEanepggn Maybeathlnlma9wtic Preservedes�gnvi[rM. �� mR(araokraavrt¢amwym FxLmptM[ks �In<ari.Us asap+tYCe. pLr3;ntkYt9fNQ YIitlY1 E�xnlpMns/erKbem=ftpp UPms,p0Oiquare ketawer.watervafacearea. 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Map m^rt MaPWnB apMi<atim fO�ERP Cam: MpaU[Preservex Permits compliance. stanling EroNtla waters atc 11 /01 /2022 . .v sure Com Newspapers PARTOF THE USATODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Issue(s) dated before where the dates are noted or by publication on the newspaper's website, if authorized, on 10/16/2022 Subscribed worn to before on October 17, 2022: Notary, State of ounty of J n qq My commission expires Publication Cost: $157.32 Ad No. 0005442984 Customer No: 1310785 PO #: LDR 932.07 BCC hearing 11-1-2022 NANCY HEYRMAN Notary Public State of Wisconsin 11-01-22, # of Affidavits: 1 �v 2 Z' NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida shall hold a public hearing at which parties in in- terest and Ciri7Pns rhall have an opportunity to be heard, in the County Commission Chambers of the County Ad- ministration Building located at 1801 27th Street, Vero Beach, Florida, on Tuesday, November 1, 2022 at 9:00 A.M. to consider adoption of a proposed ordinance; enti- tled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PRO- VIDING FOR AMENDMENTS TO CHAPTER 932, COASTAL MANAGMENT; BY AMENDING SUBSECTION 932.07(3)(A), UNWALLED SHELTERS, OF SECTION 932.07, PIERS, DOCKS AND BOAT SLIPS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. Said ordinance, if adopted, would revise the current 400 - square foot (conditionally up to 1,000 -square foot) maxi- mum surface area coverage restriction on unwalled boat shelters to allow for extension of such shelters to no more than one foot beyond the footprint of a boatlift, as well as a boat with trimmed motor(s) stored at the boatlift, consistent with Flori- da Department of Environ- mental Protection (FDEP) and other jurisdictional agency re- quirements. A draft of the proposed ordi- nance is available at the Plan- ning Division office located in the community development division on the first floor of the County Administration Complex Building "A." Any- one who may wish to appeal any decision, which may be made at this meeting, will need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. Please direct planning -related questions to the environmen- tal planning section at (772) 226-1237. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CON- TACT THE COUNTY'S AMERI- CANS WITH DISABILITIES ACT 12223 COORDINATOR 772-770-5215)2215 77727705215)2 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS- SIONERS BY -s-Peter D. O'Bryan, Chairman Pub Oct. 16, 2022 TCN5442984 1%'b—Q /J t INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: October 20, 2022 SUBJECT: Consideration of Brattain Property of Indian River County LLC's Request for Land Development Regulation (LDR) Amendments to Sections 901.03, 911. 10, and 971.13 to Allow Automobile Parking and Storage in the PRO, OCR, MED, CN, and CL Zoning Districts [LDRA-21-09-01 / 2003060269-90131] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of November 1, 2022. BACKGROUND Joseph Paladin, on behalf of his client, Brattain Property of Indian River County LLC, has filed an application to amend the County's land development regulations (LDRs) in order to allow automobile parking and storage within the CL, Limited Commercial zoning district as an administrative permit use. Shortly after that application was filed, representatives from a different commercial property owner, Mullinax Ford of Vero Beach, LLC, expressed interest in also seeking approval for automobile parking and storage within the OCR, Office, Commercial, Residential district as an administrative permit use. For consistency purposes, staff is also recommending that automobile parking and storage be allowed as an administrative permit use in the 3 remaining lower intensity commercial zoning districts (PRO, Professional office district; MED, Medical district; and CN, Neighborhood Commercial district). The applicant currently owns and operates a residential and commercial cleaning service based out of a freestanding commercial office site that is zoned CL. The office site contains a limited number of parking spaces which is adequate for office staff. However, there are not enough parking spaces for the fleet vehicles (i.e. passenger vans and utility vans). Subsequently, the applicant purchased several vacant parcels across the street from the office site that are also zoned CL. However, automobile parking and storage is currently prohibited as a stand-alone use in the CL district. This prompted the applicant's representative to meet with staff to discuss the possibility of allowing automobile parking and storage as a stand-alone use. Staff indicated it would support the requested LDR amendment if it was clearly defined, and categorized as an administrative permit use with specific land use criteria targeted at ensuring compatibility with the surrounding area (notably adjacent or nearby residentially designated properties). The BCC is now to consider the proposed automobile parking and storage ordinance and adopt, adopt with modifications, or deny the ordinance at a second (future) public hearing for final adoption. 1291 PLANNING AND ZONING COMMISSION (PZC) RECOMMENDATION: At its regular September 22, 2022 meeting, the PZC conducted a public hearing and considered the proposed ordinance. The PZC voted 5-0 to recommend that the BCC adopt the proposed ordinance (see attachment 1). ANALYSIS Currently, the County LDRs allow automobile parking and storage as a permitted use within the CG, General Commercial and CH, Heavy Commercial districts. There is also a separate zoning use category of "vehicle storage lot (paved/unpaved)" that is allowed as a permitted use within the CH, Heavy Commercial; IL, Light Industrial; and IG, General Industrial districts. The proposed LDR amendment will amend three different sections of the County LDRs. The first section will amend Section 901.03 (Definitions in alphabetical order) by adding a definition for "automobile parking and storage" as follows: Automobile parking and storage includes enclosed or unenclosed parking and storage of automobiles, passenger vans, utility vans, and/or light duty trucks on a paved surface within delineated (striped) parking stalls. This definition does not include parking or storage of commercial vehicles, recreational vehicles, or boats. The second section will amend Section 911.10 (Commercial districts) by specifically designating automobile parking and storage as an administrative permit use in the PRO, OCR, MED, CN, and CL districts (i.e. adding an "A" designation in the zoning use table). The third and final section will amend Section 971.13 (Commercial uses) by creating a new Subsection 913.13(6) entitled Automobile parking and storage. The new subsection will identify the zoning districts that will require administrative permit use approval for automobile parking and storage, will designate the PZC as the approval authority, and will identify the specific land use criteria that must be satisfied in order for the PZC to grant administrative permit use approval. Through coordination between the applicant and staff, the LDR amendment ordinance identifies a total of 7 different specific land use criteria that must be satisfied for automobile parking and storage. The attached draft ordinance defines the 7 criteria in detail (see attachment 1); however, staff will summarize each criterion as follows: • Criterion #1: Requires all driveways, drive aisles, vehicle maneuvering areas, and parking spaces to be paved with asphalt or concrete, and shall meet all of the parking stall and driveway dimensions (e.g. stall width, driveway width, etc.) outlined for commercial parking lots. • Criterion #2: Prohibits parking or storing any commercial vehicles (e.g. bucket trucks, dump trucks, etc.), boats, or recreational vehicles within the PRO, OCR, MED, CN, and CL districts. • Criterion #3: Prohibits commercial or "pay -to -park" facilities within the PRO, OCR, MED, CN, and CL districts. • Criterion #4: Requires a lighting plan to be provided (during site plan review), reviewed, and implemented that prohibits lighting "spill over" onto adjacent local roadways or residential zoning districts. 1302 Criterion #5: Requires a Type "C" buffer with a 3 foot tall opaque feature between the automobile parking and storage area and any adjacent residentially designated property. • Criterion #6: Requires standard perimeter landscaping buffers to be provided along all other project perimeters (e.g. Thoroughfare Plan buffers, local road buffers, adjacent properties buffers). • Criterion #7: Requires all remote or freestanding automobile parking and storage sites that serve an adjacent site to be connected via an existing or proposed sidewalk/pedestrian system. Staff supports the proposed LDR amendments based on the proposed definition, the requirement for administrative permit use approval by the PZC, and the 7 above -referenced specific land use criteria. ORDINACE ADOPTION PROCESS Since the proposed amendment will change the list of allowable uses in a zoning district, the BCC must consider the subject LDR amendment ordinance at two separate hearings as required by state law (Florida Statutes Chapter 125.66). Under FS 125.66, those hearings must be held at least 10 days apart and one hearing must be held after 5:00 PM unless 4 or 5 BCC members vote to hold the hearings before 5:00 PM. Consequently, the BCC may hold a special call 5:01 PM hearing on or after November 11, 2022 or at one of the regular December BCC meetings if 4 or 5 Board members vote to have the second hearing at a regular meeting. Staff believes that holding the second hearing at a regular BCC meeting in December will be adequate. The first available meeting date for the second (final) hearing that will meet state requirements upon a vote of 4 or 5 BCC members is the regular BCC meeting of December 6, 2022. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Direct staff to make any changes necessary to the proposed ordinance (if applicable); and 2. By a vote of 4 or 5 BCC members set the second, final adoption hearing for the regular BCC meeting of December 6, 2022 which is scheduled to begin at 9:00 AM. ATTACHMENTS 1. Excerpt from 9-22-2022 PZC Meeting Minutes 2. Draft Ordinance 1313 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, September 22, 2022 at 7:00 PM in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may view a video of the meeting and/or review the meeting agenda, backup material and minutes on the Indian River County website www.ircqov.com/Boards/PZC/2022. Present were the following members: Chairman Dr. Jonathan Day, District 4 Appointee; Mr. Mark Mucher, District 5 Appointee; Mr. Curtis Carpenter, District 3 Appointee; Mr. Jordan Stewart, Member -at -Large; Mr. Chip Landers, Alternate Member; and Teri Barenborg, non-voting School Board Liaison were present. Mr. Alan Polackwich, Sr., District 2 Appointee; Ms. Beth Mitchell, District 1 Appointee; and Vice Chairman Mr. Todd Broanano. Member -at -Large were absent. Also present were IRC staff members: Mr. William DeBraal, Deputy County Attorney; Mr. Phil Matson, Community Development Director; Mr. Ryan Sweeney, Chief of Current Development; Mr. Steven Hitt, Principal Environmental Planner; Ms. Rebeca Guerra, Chief of Code Enforcement and Environmental Planning; Recording Secretary, Ms. Lisa Plesnarski, Commissioner Assistant. Call to Order and Pledge of Allegiance Chairman Day called the meeting to order at 7.00pm and all stood for the Pledge of Allegiance. Additions and Deletions to the Agenda There were none Approval of August 25, 2022 Minutes ON MOTION BY Jordan Stewart, SECONDED BY Chip Landers, the members voted unanimously (5-0) to approve the minutes of August 25, 2022 as presented. Public Hearing Chairman Day read the following into record: A. Consideration of Brattain Property of Indian River County LLC's Request for Land Development Regulation (LDR) Amendments to Sections 901.03, 911.10, and 971.13 to Allow Automobile Parking and Storage in the PRO, OCR, MED, CN, and CL Zoning Districts [LDRA-21-09-01 / 2003060269-901311 PZC Approved Meeting Minutes September 22, 2022 132 Chairman Day asked if any members had any ex -parte communication or conflict that would not allow them to make an unbiased decision. There were none. The secretary administered the testimonial oath to those present who wished to speak. IRC Chief of Current Development Mr. Ryan Sweeney gave some background about the request to allow automobile storage. Mr. Sweeney explained that after receiving several inquiries, staff determined it would be best to request a change in all lower intensity commercial districts to allow automobile parking and storage as an administrative permit use. Mr. Sweeney gave a brief overview of the LDR process and the public hearing requirement. Mr. Sweeney gave an analysis of the proposed ordinance and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. Mr. Sweeney explained how the proposed ordinance will change three different LDR sections and reviewed the required criteria and approvals. Mr. Sweeney concluded his presentation by recommending approval based on the criteria listed in the staff report. Chairman Day asked if there were any Commissioner questions. Mr. Stewart asked why the parking areas are to be paved, noting that grass field parking is sometimes allowed. Mr. Sweeney responded this is because the intention is for the storage to function as a parking lot and daily use is expected. Mr. Sweeney also clarified that this does not apply to residential single family or multi -family districts. There was discussion about light duty trucks and the definition of a commercial vehicle. Chairman Day opened the floor for public comment Mr. Joseph Paladin of Black Swan Consulting was present representing Brattain Property of Indian River County, LLC and said he was available to answer any questions. Mr. Paladin said he thinks the project will be aesthetically pleasing and noted there will be upgraded buffers as well as an attractive entryway. Mr. Paladin also explained that the perimeter will be landscaped so that fencing and trucks cannot be seen. Mr. Paladin said the project engineer was also present to answer any questions. There being no further comments Chairman Day closed the floor for public comment. Mr. Landers asked if the amendment was applicable to another entity in the event this company sells the land. Mr. Sweeney responded that the proposed LDR amendment is a Countywide amendment and is applicable if a site plan is in compliance and meets the criteria. In response to a Commissioner question, Mr. Sweeney explained that trailer parking is not specifically excluded but that standard rules would apply in regard to commercial vehicles. Chairman Day re -opened the floor for public comment. PZC Approved Meeting Minutes 2 September 22, 2022 133 Mr. Bob Bruce of Indian River Neighborhood Association was present and said he thinks the Type C buffer should be changed to a Type B buffer. Chairman Day closed the floor for public comment. There being no further Commissioner questions, Chairman Day called for a Motion. ON MOTION BY Chip Landers, SECONDED BY Jordan Stewart, the members voted unanimously (5-0) to recommend approval of the requested amendments to Land Development Regulations Sections 901.03, 911.10, and 971.13. Public Hearing Chairman Day read the following into record: B. Consideration of a Request by David L. Cox, Ph.D., to Amend Land Development Regulation (LDR) Section 932.07, Piers, Docks and Boat Slips, by Revising the Size Restrictions on Unwalled Boat Shelters to be Consistent with Florida Department of Environmental Protection (FDEP) and Other Jurisdictional Agency Requirements [LDRA- 22-05-01 / 2022020086-91934] Chairman Day asked if any members had any ex -parte communication or conflict that would not allow them to make an unbiased decision. There were none. IRC Principal Environmental Planner Steven Hitt reviewed information about the request to amend Land Development Regulation (LDR) Section 932.07 and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. Mr. Hitt gave some background and history of amendments to the County LDR's regarding size limitations of unwalled shelters and boat slips. Mr. Hitt gave a brief overview of Florida's state law requirements and administrative code regarding limitations to private single family dock facilities. Mr. Hitt explained that previous LDR amendments were passed which gave limitations that corresponded to the size of the dock and added a one foot overhang provision. Mr. Hitt explained how this has not been fully consistent with State requirements. Mr. Hitt gave some examples of how this has created unintended consequences, including incentivizing maximum dock sizes. Mr. Hitt reviewed the proposed amendment. Mr. Hitt highlighted the unchanged LDR requirements and discussed criteria being kept which include aquatic seagrass limitations, limitations on height, and dock setback and extension limitations. Mr. Hitt discussed staff findings and potential benefits of the proposed amendment as well as Commissioner options. Mr. Hitt explained the proposed changes will be consistent with other State jurisdictional agencies. Mr. Hitt ended his presentation by recommending the language of the amendment be adopted as proposed. PZC Approved Meeting Minutes 3 September 22, 2022 134 ORDINANCE 2022 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 901.03 (DEFINITIONS IN ALPHABETICAL ORDER) OF CHAPTER 901 (DEFINITIONS), SECTION 911.10 (COMMERCIAL DISTRICTS) OF CHAPTER 911 (ZONING), AND CREATING SECTION 971.13(6) (AUTOMOBILE PARKING AND STORAGE) WITHIN CHAPTER 971 (REGULATIONS FOR SPECIFIC LAND USES) OF THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03, Definitions in alphabetical order; as follows: Authorized person a person other than a public officer or county employee who is authorized by the board of county commissioners of Indian River County, Florida, to incur travel expenses in the performance of official county duties. Automobile narking and storage includes enclosed or unenclosed parking and storage of automobiles, passenger vans, utility vans, and/or light duty trucks on a paved surface within delineated (striped) parking stalls. This definition does not include parking or storage of commercial vehicles, recreational vehicles, or boats. Average annual daily traffic volume seasonally adjusted average number of vehicles that pass a point on a roadway segment on a daily basis. SECTION #2: Amend LDR Section 911.10(4), Uses; as follows: (4) Uses. Uses in the commercial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings. Commercial uses and activities shall be contained within an enclosed area unless otherwise specifically allowed herein or unless allowed as an accessory or temporary use approved by the community development director. Bold Underline: Additions to Ordinance 1 Stfike-tHre Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2022 Ordinances\2022-_Automobile Parking and Storage in PRO, OCR, MED, CN, & C�x District Uses PRO OCR MED CN CL CG CH Auto Repair, Services and Parkin Automotive rentals - - - - - P P Automobile parking and storage A A A A A P P Body and paint shops - - I -- - - P General automotive repair - - - - - P P Bold Underline: Additions to Ordinance 1 Stfike-tHre Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2022 Ordinances\2022-_Automobile Parking and Storage in PRO, OCR, MED, CN, & C�x ORDINANCE 2022 - SECTION #3: Creating LDR Section 971.13(6), Automobile parking and storage; as follows: 971.13. — Commercial Uses. (6) Automobile parking and storage (administrative permit). (a) Districts requiring administrative permit approval, (pursuant to the provisions of Section 971.04): PRO, OCR, MED, CN, CL. (b) Additional information requirements: 1. A site plan meeting all of the requirements of Chapter 914; (c) Criteria for automobile parking and storage: 1. All driveways, drive aisles, vehicle maneuvering areas, and parking spaces shall be paved with asphalt or concrete as outlined in Sections 954.10(1) or (2) and shall meet the dimensional standards and design criteria outlined in Section 954.07; 2. No commercial vehicles, as defined in County Code Section 901.03, boats, or recreational vehicles shall be parked or stored in the PRO, OCR, MED, CN, or CL zoning districts; 3. Commercial or "pay -to -park" facilities are prohibited in the PRO, OCR, MED, CN, or CL zoning districts; 4. Lighting plans shall be provided (and implemented) which demonstrate that no "spill over" from exterior light sources shall fall onto either local roadways or residential zoning districts that are adjacent to the project site; 5. A Type "C" buffer with a three (3) foot tall opaque feature shall be provided between all automobile parking and storage areas and any adjacent residentially designated property; 6. Standard perimeter landscaping requirements shall apply to all other project perimeters; 7. All remote or freestanding automobile parking and storage sites that serve an adjacent site shall be connected via an existing or proposed sidewalk/pedestrian system, SECTION #4: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. Bold Underline: Additions to Ordinance 2 c'-ike thio" Fough: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2022 Ordinances\2022- Automobile Parking and Storage in PRO, OCR, MED, CN, & (13fix ORDINANCE 2022 - SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of th rdinance may be renumbered or relettered to accomplish such, and the word "ordinancAmaanged to "section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2022, for a public hearing to be held on the _ day of , 2022, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman there upon declared the ordinance duly passed and adopted this day of , 2022. t , BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller IM Deputy Clerk Bold Underline: Additions to Ordinance 3 Stfike threto. Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2022 Ordinances\2022-_Automobile Parking and Storage in PRO, OCR, MED, CN, & (13156 ORDINANCE 2022 - This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phillip J. Matson, AICP; Community Development Bold Underline: Additions to Ordinance 4 Mike threugkr Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2022 Ordinances\2022-_Automobile Parking and Storage in PRO, OCR, MED, CN, & 4M. X Item 10.A.2. 11/01/2022 Land Development Regulation (LDR) Amendments to Allow Automobile Parking & Storage in PRO, OCR, MED, CN, & CL Board of County Commissioners November 1, 2022 Background • Applicant submitted an LDR amendment application to allow automobile parking and storage in the CL zoning district in order to allow parking of vehicles across the street from their office site • A second interested party requested to piggyback on the original applicant's request, and allow automobile parking and storage in the OCR zoning district • For consistency purposes, staff is recommending that all lower intensity commercial zoning districts (PRO, OCR, MED, CN & CL) allow automobile parking and storage as an administrative permit use z (fig' 1 Item 10.A.2. 11/0V2022 LDR Amendment Process • Legislative in nature • Requires a public hearing by the PZC with a recommendation to the BCC • If changing the list of allowable uses within a zoning district(s), requires two public hearings by the BCC Analysis • The proposed ordinance will amend three different LDR sections: ■ Section 901.03: Creates a definition for automobile parking and storage o Allows automobiles, passenger vans, utility vans, & light duty trucks o Prohibits large commercial vehicles (e.g. dump trucks), RVs & boats ■ Section 911.10: Designates automobile parking and storage as an administrative permit use in the PRO, OCR, MED, CN & CL zoning districts ■ Section 971.13(6): Creates a new section for automobile parking and storage o Requires PZC approval o Identifies seven specific land use criteria Item 10.A.2. 11/01/2022 Analysis (continued) • The seven specific land use criteria include: 1. Requires all parking and storage areas to be paved (asphalt or concrete), and must meet dimensional criteria 2. Prohibits parking or storing commercial vehicles, boats, or RVs 3. Prohibits commercial or "pay -to -park" facilities 4. Requires a lighting plan and appropriate shielding 5. Requires a Type "C" buffer and 3' tall opaque feature between the parking area and any residentially designated properties Analysis (continued) 6. Requires all standard perimeter buffers apply to all other project perimeters 7. Requires a remote or freestanding site that serves an adjacent site to be connected via an existing or proposed sidewalk/pedestrian system ➢ Staff supports the requested LDR amendments based on the clear definition, the requirement for administrative permit use approval by the PZC, and the seven specific land use criteria J 3 Item 10.A.2. 11/01!2022 PZC Recommendation ➢ At its regular September 22, 2022 meeting, the PZC voted 5-0 to recommend that the BCC adopt the proposed ordinance. Ordinance Adoption Process ➢ Because the proposed amendment will change the list of allowable uses in a zoning district, one BCC public hearing must be held after 5:00 PM unless 4 or 5 BCC members vote to hold the hearings before 5:00 PM. Staff Recommendation ➢ That the BCC: 1. Direct staff to make any changes necessary to the proposed ordinance (if applicable); and 2. By a vote of 4 or 5 BCC members set the second, final adoption hearing for the regular BCC meeting of December 6, 2022 which is scheduled to begin at 9:00 AM. 8 Kim Treasure T asure Co Newspapers PARTOFTHEUSA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY PLANNING 180127TH ST VERO BEACH, FL 32960 ATTN KATHY CHAREST STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement ; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 10/16/2022 Subscribed and sworn to before on October 16th, 2022 Notary, State of VN, County of Brown My commission expires: X38 -5 Publication Cost: $315.00 ALLEN Ad No: GC10959831 FKXT'�.ILEEN OWY PublicCustomer No: 463755 , C of \Nisconsin PON: PUBLIC NOTICE THIS IS NOT AN INVOICE X38 -5 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard, in the County Commission Chambers of the County Adminis- tration Building located at 1801 271h Street, Vero Beach, Florida, on Tuesday, November 1, 2022 at 9:00 AM to consider adoption of an ordinance; entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORI- DA, AMENDING SECTION 901.03 (DEFINITIONS IN ALPHABETICAL ORDER) OF CHAPTER 901 (DEFINI- TIONS), SECTION 911.10 (COMMERCIAL_ DISTRICTS) OF CHAPTER 911 (ZONING), AND CREATING SECTION 971.13(6) (AUTOMOTIVE PARKING AND STORAGE) WITHIN CHAPTER 971 (REGULATIONS FOR SPECIFIC LAND USES) OF THE CODE OF INDIAN RIVER COUN- TY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. A vote will be taken on the proposed ordinance. If ad- opted, the ordinance will provide a definition for "auto- motive parking and storage" and will allow automotive parking and storage as an administrative permit use in the PRO, Professional Office district; OCR, Office, Com- mercial, Residential district; MED, Medical district; CN, Neighborhood Commercial district; and CL, Limited Commercial district. The ordinance will also establish specific land use criteria for automotive parking and storage within the referenced commercial zoning dis- tricts. A draft of the proposed ordinance is available at the In- dian River County Planning Division office located in the Community Development Department on the first floor of the County Administration Complex Building "A". Anyone who may wish to appeal any decision, which may be made at this meeting, will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Please direct planning -related questions to the Current Development Section at 772-226-1239. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDI- NATOR AT 772-226-1223 AT LEAST 48 HOURS IN AD- VANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan, Chairman To be advertised October 16, 2022 Display Ad, Section "A" preferred, not to be placed in that portion of the newspaper where legal notices and classified advertisements appear. Minimum width: 2 columns Minimum length: 10 inches Minimum headline type size: 18 point Bill to Account # 334192 Attn: Kathy Charest Please e-mail the affidavit of publication to: Kathy Charest (kcharest@ircgov.com) (( - 0t-'',2 jo. A, 2 - 13���0 28A I SUNDAY, OG'TOBER 16, 2922 1 TREASURE COAST NEWSPAPERS. NOTICE OF PUBLIC HEARING NOTICE 1,1, HEREBY that Ihe.Board ofCounty Report: Climate change p IGIVEN s of Raver Ca sty Florida shall a"I # holo r public hearng at wh ih pare ince st - nd ho ub4c 11 at char ns shall nave an opportunity i 1., h.nrd aha 1 the County at ads Cary Convonuon Chamber, (1• f e lathon lecala.a11601 27Street Van Beach. puts primatesn peril' Florida.on Tuesday. Nov.-- i 2022 at.9:00 AM to eensdnrndptanof aP oNinancn; dtt'itkd:. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORI- Dinah Voyles Pel... ^ rh A• T ` •, ?"= Y DA. AMENDING SECTION 90703 (DEFINITIONS IN use rooar �tv � 1 ALPHABETICAL ORDER) OF CHAPTER 901 (DEFINi- .. $ TIONS). SECTION 911.10 (COMMERCIAL DISTRICTS) ,.'ca,. Sam,,traN ic, of nonkeys. Ic t t d mher p i- Y' OFCHAPTERS71(2ONING). AND CREATING SECTION motes maybe lauyml,tl.rlrafy hu n. noreoCt nls - 971.13(fr) (AUTOMOTIVE PARKING AND STORAGE) .Rewarming clfmztcaflectsircr unopics in lh it for k. WITHIN CHAPTER 971 fREGUtATIONS FOR SPECIFIC e,,S..ecordingw.re,—Mady bye gmupoftmrc than LAND USES) OF THE CODE OF IND RIVETi COON- 100e, cal chcrs. A TY; PROVIDINGFO/t C:CNFLICT AND SEVERABILITY,'' human activities that bring higher temperatures PROVIDING FOR CODIFICATION; AND PROVIDING and daloresta ka, sand ndexeai peimare9 to the - FOR AN EFFECTIVE.(>ATE. ground mon•. oft n ) in Ce t lit 1 S<nth Aralli a lad A vole will be taken on the propped ordinance. It ad- r (� Madagascar, inn asiag thOr d k. of Interaction with opted, the orchnti— will Ie Wit d trodden Iw "auto- pantile and Prod at a t lu+Mudy reported matWE Parking and storage' a tp Wal allow amam>Iive. 'stat could ulna-tely,.hm,r tie give them an td(, '•.+ a' pa,khg and saw ge as an admallstmtive perrna use in over primates that cal (adapt us sly. the h PRO, RO P olewlor al Offroa duan": OCR, Office, Com- "ct: P n ta,a.1 Hotly fee 'unpro -dented chalknf es merL LResident al die MED. "atlical d(stdck CN, rrsearche+s said bar the paper publishml Monday m Naighborbood Co nmerc.at dtsldct and CL, Lbrihed firePru ifnl,a f th National A-11roy of Sctel r., rr ' Gomm Get dist rl TFa, o ca soca will aha es1al>hvit p c8i lend u- t to, ut.m.— parking and st gg t,W ti hey'll c%co Inter additional burdens from tomge Ana, ifmead cammer+Aet raring die. cli climate change. it c utlin's wmeh halts help pl- \\ ' Toots, apt to sh meta adaptage - i a A m dict and living In larger groups ap- co A draft of the pmfg. ed ordinance is avmlable at alta In, Heat to gar sop 6peotes an Advantage, said Ra County Plan,vison office loaned in the d a ririma,ng Da study's feed stub ❑ 'Timothy Lt pl'y. a p xttdactmal ^ Ca —lily Devdoom t Department on the lest floor ,} a :setae. of the San Diego Lao Wildlife Alliance. a I the County AdnalraAratten Comptes Buldslg W. While they adapt by dropping to the ground more or- �� Anyone who may wish to appall any dr.l0m. ,hMI ten,olharspocles do not and may needUigher priorfty may be made at IN, 8 rare'Ing, will need to en. rte that. a eratuhn r road of ih. procsedings Is made. whkh conservation eRprts Eppley Setd nrlud slaslimony and eYtlence upon vdtleh the appeal During 1.50000'1—. of (ser alien lheYatrded I Wood 15 1 - nu, cpYeiea, and 32 Pariec rma fear far dbtw II t lud1 ho vh r m> keya lar i' i 1 i urs ' Please decd piarulu,g-reklKl quaslicnr. la the Curtest and squirrel monkeys Development Section at 772-226-1239. Polling trtgohrr, Turh w mil Iva amonm nI m(nr- ANYONEWFONE.EWASP€CIAL ACCOMMODATON motion wax "a huge lob"by Eppley, saftl co -:echo -Ka- Someof the lemurs In Madagascar eat only fruit erns NATOR AT 772-226,1227 At LEAST 48 HOURS IN AO- VANCf OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By _ Peter D. O'Bryan, Chairman lb be act-niverl October 16, 2022 Dinplay AIT. section "A" preferred, not to be placed In Ilvat prAkm of the newsy per v,h— I WI -leos and classl8ed adverureman'vapp— M wid rmmu th: 2 roharna Mi mumlengtns 10I'ndto. Minimum hoadano tyle sire: 18 poke Bill to Account 8 334152 Attar; Kathy Chartist Meaxa e-tnud the efhdaw of puWicallan lo'. Kathy Chera.l Ikch:aeel$1'acnav cam) i M m.striena pmfesaarinthe Univeafty of Wiwam n- eed Forest habitat, which is -sadly dechnmg. MAdison.Strie+ has aI.dictl the, northern morfqui, o —m-eratrri�.+.:1cnen+aownnrec ncunacr pen". Slarciee in Brazil since 1982. P.ppley stated the prolcet after noticing some Spe- cles of banlb,m lemurs in Madagascar Spent more time on the ground, while the same animals in less- (rover load sources. Tire .,,than. cool led an ability dktlobcd locations never descended. to eat other kinds of plants and not lust fruit, And to Researchers found species in large social groups or xpendtima ant{(e ground in um,ts wGare tragi sane is In AaiWs placew with less aanapy tsrvcr m(gM'Irt per.• spans -+and lengteratums are awtrnTeq may halpi>ufio+ wired ur adopt to change, L'piky said. rpccies against eztinctian. P11.1.111 that live farther may from nsris and Onccrsia'ries,suchassomeo(thclemursmMada- I>aopinspend mare timennlbe grnundthnnttmseli, gas,,.atemIVA-Wtundnecd.(oresthuhitut.whieh is Ing close, to people, which may suggest h ararm in- rapidly declining. Cpl,ky said. terrem with their nawrei adaptability, saidimen.San- The tvodd's fourth -hugest lshmd. Madagasl:ar hos tial from Sapience University arnem,.ecriorw:ien- apopulation of.carly 2a ni!Ibra, peopi,ImesLc and fist who _IWbm.k,d an the study. lands era toting rlem W fur agriculture and also are Many spaldex are already luude.ntd will, living in battered by tropic.) cyclones,.Increasingiy fueled by rmgnraltedand heavUy diannlx+ti envlronmrnt, wit), higher acs sulfarc temperatures. ailable ntment This month, along with your Funeral Essentials Package, you'll also receive our Perianal L<Vol 41111 Preparation Portfolio. Tiny; galtte Ct0'+dr'S vethi:tblc>`wcsCat[c in hetpinp yqu make : ,Wrta A Advance Planning decisfone ,,at will nave a izate,y efkx:f c? your Iocod onc>'' future financial protection and ticcv,,ty. When col,pletad, your Tina Dlar, vett be c.k,fly ,ta Ii,wd rand na>,ae Your final wishes s"ni h; �, , ; oW 11, fly nh /�fepdLllufitry.) FWNT1414PAWITFSINCLUOF: This is a limited little affei`uaf..41*11m,r ,riven lady good thlougb for-so"Anee.ef,&r � d. October 31, 2022-" . a„t;*y, rwre+:^yua+ro,x twyy • aePrar�t, . 0aarero7reexit+r • r .rrarrr>xk SCAN ME 7 WBh'"CN*nlyt .:i i'R tf G{! s a w i it a b IM INFORMATIONAL VIDEO FUNERAL ROME b. CREMATORY Seawinds - Sebastian Cox -Gifford Seawlnds 735$Fk,7ini1_. _ P', f..7 ung 195;; 7ct'1,\4-,c 3 .29(1.1 - 772-671-4659 772-Sr71.4383 I.01.22, l[);A-2, INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Bill Rigby 8465 59th Ave ADDRESS: SUBJECT MATTER FOR DISCUSSION: PHONE: 772-501-4753 Community Development Districts IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? YES Z NO N/A WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F7 YES FV(] NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered 9 Phone N/A COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown Nov 1, 2022 139 114 c Office of the z INDIAN RIVER COUNTY �ioADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Kathy Copeland Legislative Affairs and Communications Manager DATE: November 1, 2022 SUBJECT: Four County Joint Board Meeting BACKGROUND In preparation for the 2023 Florida legislative session, Martin County, St. Lucie County, and Okeechobee County have reached out to Indian River County to see if the Board would be interested in attending a joint board meeting to discuss legislative priorities. The meeting is tentatively set for Thursday, December 15, from 9:00 am to 12:00 pm at the Indian River State College Pruitt Campus, 500 NW California Blvd., Port St. Lucie, FL 34986. In accordance with section 125.001, Florida Statutes, the Board is permitted to participate in a joint meeting with the governing bodies of one or more adjacent counties or municipalities to discuss matters regarding land development, economic development, or any other matters of mutual interest. To do so, all four referenced boards are required to: (1) adopt a resolution authorizing the participation in the joint meeting; (2) publicly notice the meeting within its jurisdiction; (3) and hold the meeting in an appropriate public place. Pursuant to section 125.001(2)(b), Florida Statutes, no official vote can be taken at the meeting. RECOMMENDATION Staff recommends that the Indian River County Board of County Commissioners adopt the resolution to hold a joint meeting with the Board of County Commissioners for St. Lucie County, the Board of County Commissioners for Martin County, and the Board of County Commissioners for Okeechobee County to discuss joint legislative priorities in anticipation of the State of Florida's 2023 legislative session. ATTACHMENT Proposed Resolution 140 RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY TO PARTICIPATE IN A JOINT MEETING WITH THE ST. LUCIE COUNTY COMMISSION, THE MARTIN COUNTY COMMISSION, AND THE OKEECHOBEE COUNTY COMMISSION, TO DISCUSS AND PLAN MATTERS OF MUTUAL INTEREST; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners for Indian River County desires to participate in a joint meeting with the Board of County Commissioners for St. Lucie County, the Board of County Commissioners for Martin County, and the Board of County Commissioners of Okeechobee County to discuss legislative priorities that we share prior to the State of Florida's 2023 legislative session; and WHEREAS, Section 125.001, Florida Statutes, authorizes county boards to meet and discuss matters of mutual interest with one or more adjacent counties or municipalities; and WHEREAS, Section 125.001, Florida Statutes, fiarther states that such meetings may be held at any appropriate public place within the jurisdiction of any participating county or municipality, and requires that due public notice be provided within the jurisdiction of all participating municipalities and counties; and WHEREAS, Section 125.001, Florida Statutes, further requires that the governing body of a county or municipality must first adopt a resolution authorizing participation in the joint meeting, NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THAT: Section 1. The above "WHEREAS" clauses are true and correct, and hereby adopted as findings of this Board. Section 2. Pursuant to Section 125.001, Florida Statutes, the Board of County Commissioners is hereby authorized to participate in a joint meeting with the St. Lucie County Commissioners, Martin County Commissioners, and Okeechobee County Commissioners on December 15, 2022 which will be properly noticed within the jurisdiction of all participating counties. Section 3. Notice of this meeting shall be duly advertised and official minutes shall be taken. Section 4. This resolution shall take effect immediately upon adoption. 141 RESOLUTION NO. 2022 - The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice -Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of )2022. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman 142 //8 COUNTY ADMINISTRATOR INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THRU Jason Brown, County Administrator FROM: Michael C. Zito, Assistant County Administrator Suzanne M. Boyll, Human Resources Director DATE: October 24, 2022 SUBJECT: Ratification of Collective Bargaining Agreement between Indian River County Emergency Services District and Indian River County Firefighters/Paramedics Association, Local 2201, IAFF Effective October 1, 2022 through September 30, 2025 BACKGROUND The current Collective Bargaining Agreement between the County and the Indian River County Firefighters/Paramedics Association, Local 2201, IAFF expired on September 30, 2022. On September 21, 2022, the County and the Union tentatively agreed on a successor Agreement and finalized the contract language in that agreement on October 6, 2022. The Tentative Agreement is effective October 1, 2022 through September 30, 2025. The proposed Agreement was submitted to the Union membership and ratified by the Union on October 20, 2022 and is presented to the Board of County Commissioners for approval. Attached for your consideration are the proposed changes that have been agreed upon by the parties. The new Agreement has a duration of 3 years. Negotiated changes include: • First year general wage increase of 4% effective the first full pay period in January 2023 and wage reopeners for the second and third year of the agreement • Eligible bargaining unit employees will advance to the next step in the pay plan effective the first full pay period of April 2023, 2024, and 2025 of each year of the Agreement. • $6,000 annual paramedic incentive (paid biweekly) for eligible employees in lieu of ALS Lead and Solo Paramedic Incentive • Increased incentive pays for Special Operations, EMS Field Training Officers and Special Operations Field Training Officers, and other professional certifications • Annual Career Performance Incentive of $1,500 (paid biweekly) for employees who have completed 15 to 24 years of continuous, uninterrupted service with the County, or $3,000 (paid biweekly) for employees how have completed 25 or more years of continuous, uninterrupted service with the County. • An unpaid Kelly day every 9 weeks effective the first work cycle beginning on or after June 1, 2023 for all FLSA 207(K) exempt shift employees (2808 annual hours). This increases 143 to an unpaid Kelly day every 6 weeks effective the first work cycle beginning on or after June 1, 2024 (2704 annual hours). • Increase in vacation leave accruals for non -shift employees • Biweekly pay based on actual hours worked and paid leave taken in the biweekly pay period. • Increase in fiscal year PT days for single role paramedics • Creation of additional promotional position of Rescue Sergeant • Additional Fire/Medic positions necessary to cover the unpaid Kelly Days The full Agreement incorporates the negotiated changes as well as the remaining articles of the Agreement which remain unchanged and will be executed by the Chairman upon approval by the Board. FUNDING The total anticipated cost of the proposed agreement is estimated to be $11,297,171 over the three-year period. Funding for the first year of the Agreement is projected to cost approximately $3,281,140. The FY22/23 Approved Budget contains $3,117,553 for these expenses. An additional $163,587 will be funded with Emergency Services District cash reserves on a future budget amendment. RECOMMENDATION: Staff respectfully recommends approval of the Agreement and requests that the Board of County Commissioners authorize its Chairman to sign the full Agreement. ATTACHMENTS: • Tentative Agreement between Indian River County and the Indian River County Firefighters/Paramedics Association, Local 2201, IAFF • Proposed Pay Plan 144 COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN RIVER COUNTY FIREFIGHTERS/PARAMEDICS ASSOCIATION, LOCAL 2201, I.A.F.F. AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT OCTOBER 1, 2022- SEPTEMBER 30, 20250 T/A'd Agreement 10-6-22 145 TABLE OF CONTENTS Paye ARTICLE1 AGREEMENT.............................................................................................1 ARTICLE 2 RECOGNITION..........................................................................................2 ARTICLE 3 MAINTENANCE OF STANDARDS.........................................................3 ARTICLE 4 CONTRACT APPLICATION.....................................................................4 ARTICLE 5 SEPARABILITY.........................................................................................5 ARTICLE 6 UNION ACTIVITY................................................................................. 6-7 ARTICLE 7 PAYROLL DEDUCTION OF DUES.........................................................8 ARTICLE 8 BULLETIN BOARDS.................................................................................9 ARTICLE 9 RULES AND REGULATIONS.......................................................... 10-11 ARTICLE 10 MANAGEMENT RIGHTS.................................................................12-13 ARTICLE 11 NO STRIKE CLAUSE........................................................................14-15 ARTICLE 12 GRIEVANCE PROCEDURE..............................................................16-18 ARTICLE 13 ARBITRATION.................................................................................. 19-20 ARTICLE 14 UNIFORMS AND EQUIPMENT.......................................................21-22 ARTICLE 15 SAFETY AND HEALTH.................................................................... 23-24 ARTICLE16 HOURS................................................................................................ 25-26 ARTICLE17 STAFFING................................................................................................27 ARTICLE 18 VACANCIES AND PROMOTIONS .................................................. 28-32 ARTICLE 19 SHIFT EXCHANGE........................................................................... 33-35 ARTICLE 20 SUBSTITUTE EMPLOYMENT...............................................................36 H T/A'd Agreement 10-6-22 146 TABLE OF CONTENTS (CONTINUED) ARTICLE 21 WORKING OUT OF CLASSIFICATION ................................. ARTICLE 22 TRANSFERS............................................................................... ARTICLE 23 PERSONNEL REDUCTION...................................................... ARTICLE 24 BEREAVEMENT LEAVE.......................................................... ARTICLE 25 HOLIDAYS................................................................................. ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE ...................... ARTICLE 27 INSURANCE BENEFITS........................................................... ARTICLE 28 ANNUAL LEAVE....................................................................... ARTICLE 29 LEAVE OF ABSENCE WITHOUT PAY .................................. ARTICLE 30 COURT DUTY............................................................................ ARTICLE 31 SCHEDULING............................................................................ ARTICLE 32 MILEAGE ALLOWANCE......................................................... ARTICLE 33 INCENTIVE PAY...................................................................... ARTICLE34 SALARIES.................................................................................. ARTICLE 35 EQUAL EMPLOYMENT POLICIES ......................................... ARTICLE 36 DURATION AND RENEWAL .................................................. SIGNATUREPAGE.......................................................................................... ATTACHMENT A - DRUG FREE WORKPLACE .......................................... ATTACHMENT B — PAY TABLES................................................................. Page ..............37 ..............38 ..............39 ..............40 ..............41 ........ 42-46 ..............47 ........ 48-49 ..............50 ........ 51-52 ........ 53-62 ..............63 ........ 64-68 ........ 69-72 ..............72 ..............73 ..............74 ........ 75-91 ..............92 County 9-21-22 Package Proposal 147 ARTICLE 1 AGREEMENT 1.01 This agreement is entered into between the Indian River County Emergency Services District, hereinafter referred to as the Employer, the County, the Fire District, the District, the Fire Department or the Department; and the Indian River County Firefighters/Paramedics Association, Local 2201, LA.F.F., hereinafter referred to as the bargaining unit or Union. 1.02 The parties realize that Indian River County has the responsibility of administering the Emergency Services District. 1.03 Whenever an action is required to be performed by any particular person, by virtue of that person's office, that action may be performed by a properly authorized deputy or designee. 1.04 Whenever the words "he", "him", or "his" are used the words shall be interpreted as including the words "she", "her", or "hers". T/A'd Agreement 10-6-22 ARTICLE 2 RECOGNITION 2.01 Pursuant to Chapter 447, Florida Statutes, the County recognizes the Union as the exclusive bargaining agent for all employees of the County in the following classifications: Mefighter Trainee, Fir-efig ter-, Firefighter EMT, Driver/Engineer, laspeeter-, Training Officer, Fire Investigator, Captain, Captain FiFe N4edie, EMS Field Supervisor,1 ieutenant Fire Medie, EagifieeF Fire , Rescue Sergeant, read Fire ", e&-, Fire -Medic, Paramedic I, Paramedie 11, Captain Fire Investigator -Medic-, Captain Fire Inspector (both civilian and sworn)-Medie, Lieutenant Fire Inspector (both civilian and sworn), Lieutenant Fire inspeet ",rodie, Fire Inspector (both civilian and sworn) NUdie, Fire Rescue Training -° Safety Captain, Fire Training Lieutenant, Fire Training Officer, EMS QA & Training Captain, Fire Captain, and Fire Lieutenant, . 2.02 The Union and the County reserves the right to file with P.E.R.C. for a clarification of the bargaining unit at any time. Further, the parties agree to file a joint UC Petition to clarify the unit as reflected in Section 2.01 above. Further, the parties agree to file a joint UC Petition to clarify the unit as reflected in Section 2.01 above. 2 T/A'd Agreement 10-6-22 149 ARTICLE 3 MAINTENANCE OF STANDARDS 3.01 The employer will not unilaterally change, except as allowed herein or by the Florida Public Employees Relations Act, employees' wages, hours, or working conditions established by this Agreement. 3.02 Article 3.01 notwithstanding, the provisions of this Agreement and/or pre-existing working conditions, other than monetary provisions, may be temporarily suspended in response to the formal declaration of a federal, state or local emergency or natural disaster. 3 T/A'd Agreement 10-6-22 150 ARTICLE 4 CONTRACT APPLICATION 4.01 This contract and its interpretation, application, enforcement, and performance shall in all respects be governed by the laws of the State of Florida, ordinances and resolutions of the District and the Department of Emergency Services regulations. 4 T/A'd Agreement 10-6-22 151 ARTICLE 5 SEPARABILITY 5.01 The parties hereto agree that should any article, section or paragraph of this agreement be declared by a court of competent and final jurisdiction in the premises to be unlawful, invalid, ineffective or unenforceable, said article, section or paragraph shall not affect the validity and enforceability of any other article, section or paragraph hereof, and the remainder of this agreement shall remain in full force and effect. In the event any article, section or paragraph of the agreement is lawfully declared invalid, the Employer and the Union shall meet immediately to negotiate a replacement article. 5 T/A'd Agreement 10-6-22 152 ARTICLE 6 UNION ACTIVITY 6.01 The Employer and the Union acknowledge that the right of employees to work shall not be deprived or abridged on account of membership, non -membership, participation, or non - participation in any Union or organization. 6.02 The Union President or Secretary, or alternate shall be allowed up to three (3) weeks' time off to attend a union seminar, conference or convention. The time off shall be without pay and shall be considered leave of absence unless a standby arrangement has been provided. 6.03 Up to four (4) members of the Union's Negotiations Team shall be allowed time off with pay, but without overtime, for all scheduled bargaining meetings between the Union and the Employer. The Union President will advise the County of the designated negotiating team by February 1 of the year the contract expires. Such time off will only be allowed when working hours of the Employee conflict with bargaining unit negotiations. The four (4) members of the Union's Negotiations Team who were allowed time off with pay shall return to duty immediately upon the conclusion of all bargaining meetings. 6.04 By mutual agreement of the Employer and the Union, there is hereby established a Joint Labor -Management Committee, which shall consist of not more than three (3) members designated by the Union and three (3) members designated by the Dir-eeter- Fire Chief. The Union Committee membership shall consist of persons from within the position classification covered by this agreement, and the management membership shall consist of persons within the Department, but outside the bargaining unit as herein defined. Nothing herein requires the attendance of the Director of Emergency Services or the Union President at any Labor -Management Committee meeting. 6.05 This Labor -Management Committee shall meet if mutually agreed to by both parties, and such meetings may be held during working hours as scheduled by the merge e.5, Se-F.4ees Difeetef Fire Chief. 6 T/A'd Agreement 10-6-22 153 6.06 The purpose of these meetings will be to discuss the problems and objectives of mutual concern, but in no way shall involve specific grievances filed or contemplated or matters which have been the subject of current collective bargaining issues between the parties. 6.07 An agenda, listing the items for discussion, will be forwarded by the party requesting such meeting to the other party no later than three (3) days prior to the meeting. T/A'd Agreement 10-6-22 154 ARTICLE 7 PAYROLL DEDUCTION OF DUES 7.01 The Employer agrees to deduct the prescribed dues and assessments from earnings of those employees who have signed individual notarized authorization cards for deduction of said dues and assessments. Said authorization cards shall be periodically certified to be current by the Union. The Employer shall remit said collections monthly to the duly designated officer of the Union. 7.02 The Union shall indemnify, exonerate, and save harmless the Employer from any claims and/or judgments against the Employer and/or Union based upon any check -off of union dues, fees, or assessments. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part on any check -off of union dues, fees or assessments. The Union shall defend the said claim, action, suit, or proceeding at its own cost and without expense to the Employer, even if such claim, suit, action, or proceeding is false, groundless, or fraudulent. 7.03 An employee transferred to a classification not in the bargaining unit, or whose employment is terminated, shall cease to be subject to check -off deduction beginning with the month in which such change in employee status occurs. 7.04 The Employer shall not be required to collect union dues in arrears. Any change in dues made by the Union will become effective after a thirty (30) day written notice by the Union to the Employer. An employee may revoke authorization for dues deduction at the employee's request upon 30 days' written notice to the County and Union. 7.05 The Employer shall have the right to withhold any or all amounts collected under this article of the contract to satisfy any amounts owing to the Employer by the Union for 8 T/A'd Agreement 10-6-22 155 violation of this agreement, as determined by a court, arbitrator, or other entity of competent jurisdiction. T/A'd Agreement 10-6-22 156 ARTICLE 8 BULLETIN BOARDS 8.01 The Union may have a bulletin board in each Emergency Services station for the posting of notices. 8.02 All materials placed upon the bulletin board by the Union will be on official IAFF letterhead and signed by the Union President or his designee. The DiFeeter Fire Chief or his designee shall be furnished with a copy of any material to be posted prior to posting. 8.03 Under no circumstances shall the Union post any notice containing material of a political nature or material tending to directly or indirectly disparage or demean the County or any of its elected or appointed officials or employees. 8.04 Material placed upon the bulletin board which fails to comply with, or violates, the foregoing may be immediately removed by the County, and the employee who placed the material may be subject to disciplinary action. ff T/A'd Agreement 10-6-22 157 ARTICLE 9 RULES AND REGULATIONS 9.01 Employees shall observe the District Personnel Rules and Regulations and Standard Operating Procedures and amendments thereto, except that the disciplinary action appeals procedures contained in Sections 18.04 C (2)-(4) and 18.05, third paragraph forward, of the District Personnel Rules and Regulations shall not apply to bargaining unit employees. Failure of employees to comply with these rules and procedures may result in disciplinary actions pursuant to the above cited rules and regulations. 9.02 The Employer has the right to reprimand, discharge or otherwise discipline employees for just cause. 9.03 Should the Employer exercise its right to amend or modify the Department Personnel Rules and Regulations or Standard Operating Procedures, a digital copy of any such new (or amended) rule, regulation, policy, or procedure shall be provided to the Union at least ten (10) business days prior to implementation. Nothing herein shall restrict the Employer from implementing any new (or amended) rule, regulation, policy, or procedure prior to the expiration of ten (10) business days if operational necessity requires such earlier implementation. The union shall have the right to bargain over the negotiable impacts of the exercise of the employer's rights prior to implementation in accordance with applicable law. 9.04 It shall be the Employer's duty to see that all bargaining unit members are provided a digital set of the applicable Rules and Regulations and Standard Operating Procedures and future amendments. Copies of additional sets will be available digitally to the employee requesting them. 9.05 Bargaining unit employees shall immediately notify the Fire Chief when an information has been filed by a prosecuting official against him/her, when indicted by a Grand Jury, or when arrested, for any offense or violation of law. The 11 T/A'd Agreement 10-6-22 158 Emergency Ser-yioes Dire, tef Fire Chief shall determine if it is in the best interests of the County to: 1) Retain the employee in his/her regular position; and/or 2) Assign the employee to other duties or another position until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or 3) Place the employee on leave without pay until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or 4) Initiate disciplinary action up to and including termination. In the event that the employee is retained pending the resolution of the charges, and pleads nolo contendere or guilty, or is found guilty of any job-related offense or any offense that would adversely impact the County or the employment status of the employee, or which would cause the County to be held in disrepute, the employee shall be terminated from employment. In the event that the employee is retained pending the resolution of the charges and is acquitted of all charges, or the indictment is dismissed for insufficient evidence, the Fire Chief shall retain the option to initiate or continue an investigation of possible administrative violations in accordance with established policy or practice. The initiation or continuation of an investigation and disciplinary process under this paragraph shall be limited to any conduct related to the criminal case that is either not charged or dismissed pursuant to plea agreement. 12 T/A'd Agreement 10-6-22 159 ARTICLE 10 MANAGEMENT RIGHTS 10.1 Except as specifically restricted by the provisions of this Agreement, the County reserves and retains all rights, powers, prerogatives and authority customarily exercised by Management. 10.2 Except as specifically restricted by the provisions of this Agreement, the County has the sole and exclusive right to manage and direct any and all of its operations. Accordingly, the County specifically, but not by way of limitation, reserves the sole and exclusive right to: A. Exercise complete and unhampered control to manage, direct, and totally supervise all employees of the County; B. Decide the scope of service to be performed, the method of service, and the assignment of work; C. Determine the size and composition of the workforce; D. Determine the services to be provided to the public, and the maintenance procedures, materials, facilities, and equipment to be used, and introduce new or improved services, maintenance procedures, materials, facilities, and equipment; E. Hire and/or otherwise determine the criteria and standards of selection for employment; F. Determine the number, classification, grade, and types of positions; G. Fire, demote, suspend, or otherwise discipline bargaining unit employees; set minimum performance standards for service to be offered to the public, and set procedures and standards to evaluate the employees' job performance; H. Change, modify or alter the composition and size of the workforce, including the right to relieve employees from duty due to lack of work or lack of funding or any other business and/or operational reason, and recall employees; 13 T/A'd Agreement 10-6-22 160 Determine the allocation and content of job classifications (including qualifications and certifications) and determine all training parameters for all bargaining unit positions, including persons to be trained and extent and frequency of training; Determine whether and to what extent the work required in its operation shall be performed by employees covered hereunder; K. Modify operations, duties, tasks, and/or responsibilities, temporarily or permanently, in whole or in part, due to operational requirements; determine the number, location, and operation of all divisions and all other organizational units; L. Establish, amend, revise and implement any program, policy and/or procedure, provided that such are not contrary to applicable law; M. Merge, consolidate, expand, curtail, transfer, or discontinue operations, temporarily or permanently, in whole or in part, whenever in the County's discretion business and/or operational reasons make such curtailment or discontinuance advisable; N. Contract and/or subcontract any existing or future work; O. Create, expand, reduce, alter, combine, assign, or cease any job; P. Control the use of equipment and property of the County and determine the number and classification of employees assigned to any shift, station, or piece of equipment; Q. Exercise such other management rights as set forth in Chapter 447, Florida Statutes, and/or as determined by the state or local Public Employees Relations Commission or the courts. 10.3 The above rights of the County are not all-inclusive but indicate the type of matters or rights which belong to and are inherent in the County in its general capacity as management. Any of the rights, powers, and authority that the County had prior to entering into this Collective Bargaining Agreement are retained by the County unless otherwise restricted by a specific -provision of this Agreement. If the County fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the County's right to exercise any or all of such functions. Past practices of the District or Department relating to operations shall not be considered for the purpose of the specific and express limitations on management which are contained in this Agreement. 14 T/A'd Agreement 10-6-22 161 10.4 Nothing herein shall be deemed a waiver of the Union's right to impact bargain if, and to the extent, such right exists under applicable law. 15 T/A'd Agreement 10-6-22 162 ARTICLE 11 NO STRIKE CLAUSE 11.01 The Union agrees that there shall be no strike or strikes, slowdowns, or work stoppage, picketing in furtherance of any work stoppage, any cessation of work of any kind or degree, curtailment of work, or restriction of performance of duties, or any other interference or stoppage, total or partial, for any reason, which may include but not be limited to alleged violations of this agreement by the Employer. The Union will not authorize, approve, finance, aid, or condone any strike, work stoppage or picketing in furtherance of any work stoppage, by its members or employees it represents on employer or customer facilities or premises in respect to any controversy, disputes or grievances, and the Union will take immediate steps to end any work stoppages, strikes, slowdowns, or suspensions of work. 11.02 This article shall apply whether the particular matter arises from or outside of this contract. The application of the article shall not be governed or condoned either in whole or in part with the basis of the strike, work stoppage, slowdown, etc. or whether it may be arbitrated or not. 11.03 In case of violation of this article by an employee acting in the Union's behalf, the Employer shall have the right to: A. Discharge not only the instigators of the strike, but the participants as well, or any of them, at the discretion of the Employer. Allowing employees to work or return to work shall not be considered condonation of their activity in violation of the article. B. Refuse to bargain until the violation(s) cease. C. Obtain an injunction in the State Court restraining the employees and/or the Union from striking and work stoppage, picketing in furtherance of any work stoppage, or any other violation of this article without removal of the complaint to Federal Court; or D. Hold the Union liable for damages resulting here from, including the costs of suits, attorney's fees for litigation and negotiations, settlements, security 16 T/A'd Agreement 10-6-22 163 costs, and other costs directly or indirectly attributable to such violation as determined by the P.E.R.C., Circuit or District Court, in determining the amount of damages to be awarded, if any, the Commission or trier of fact shall take into consideration any action or inaction by the public employer that provoked or tended to provoke the strike by the public employees. 11.04 It is further agreed that the providing of fire protection services by the Employer is extremely vital to the health, welfare, and safety of the citizens of the District and any interference with such services is in violation of this article and would constitute a threat of imminent danger to said citizens and possible irreparable harm. The parties agree that should the Union, its members, persons acting in the Union's behalf, agents, employees, representatives, or officers acting in the Union's behalf violate this article not to strike, which would also violate the Constitution of the State of Florida and the Florida Statutes, or picket in furtherance of a work stoppage or violate this clause in any other manner, and said action would cause the District irreparable injury or damage, and the Employer shall have the right to seek injunctive relief pursuant to Chapter 447, Florida Statutes. 11.05 Employees who refuse to perform the regular duties of their job because of strike, boycott, or picket line in furtherance of any work stoppage, upon the Employer's premises, or at any other place, shall be in violation of this article and subject to layoff or discharge at the discretion of the Employer. Such action shall be a violation of this article, regardless of which labor organization is conducting the strike, work stoppage, picketing or labor dispute. 17 T/A'd Agreement 10-6-22 164 ARTICLE 12 GRIEVANCE GRIEVANCE PROCEDURE 12.01 A "grievance" is a claimed violation of this agreement, including but not limited to the claim that a discharge or other disciplinary action violated a specific provision of this agreement. No grievance will or need be entertained or processed unless presented in the manner described herein, and unless filed in a manner provided herein within the time limit prescribed herein. A grievance may be filed by a bargaining unit employee or by the union. In either case, the procedure to be followed will be the same. Grievances regarding disciplinary actions shall be initially fled at Step 2. The grievant and management may mutually agree to waive any step. 12.02 Rules of Grievance Processing — It is agreed that: A. The time limit at any stage of the grievance procedure may be extended by written mutual agreement of the parties involved in that step. An email will suffice as fulfillment of this requirement. B. A grievance presented at Step 1 and above shall be dated and signed by the grievant. A decision rendered shall be written to the grievant, with a copy to the union if it is not the grievant, and shall be dated and signed by the County's representative at that step. C. When a written grievance is presented, the County's representative shall return a dated and signed copy of it at that particular step. D. A grievance not advanced to the higher step within the time limit provided herein shall be deemed permanently withdrawn and as having been settled on the basis of the County's decision most recently given. Failure on the part of the County's representative to answer within the time limit set forth in any step will entitle the grievant to proceed to the next step. 18 T/A'd Agreement 10-6-22 165 E. A written grievance must set forth the following: 1. A complete statement of the grievance and the facts upon which it is based, and all materials related to the grievance shall be submitted at Step 1 of the grievance process. Only that information presented shall be considered during the grievance resolution process. 2. The section or sections of this agreement claimed to have been violated; and 3. The remedy or correction requested. F. The Union will be notified of any grievances filed by its bargaining unit employees. Bargaining unit employees cannot use the District's or County's grievance or appeal procedures for any claims falling within the definition of a grievance herein. STEPS FOR GRIEVANCE PROCESSING If a grievance arises, the grievant must meet with and discuss the grievance with the Battalion Chief in charge of the shift within ten working days of the event giving rise to the grievance. If the grievant does not have a Battalion Chief, then the grievant is to proceed to Step 1. If the grievant does not have an Assistant Chief, then the grievant is to proceed to Step 2 within 10 working days of the event giving rise to the grievance. In the event the issue in dispute cannot be resolved between the supervisor and the grievant, the grievance shall be presented in writing by the grievant at Step 1 (or applicable Step as outlined above) of the grievance procedure within five working days from the date of the supervisory meeting. Such written grievance must indicate that the matter had been reviewed with the immediate supervisor. Step 1: The grievant shall present the written grievance to the Assistant Chief. The Assistant Chief shall meet with the grievant, which a union steward or a union representative may accompany if the union is not the grievant. The Assistant Chief shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the grievant may forward the grievance to Step 2. Step 2: The grievant shall present the written grievance within five working days from the date of the decision at Step 1 to the Fire Chief. The Bi;ester Fire Chief shall meet with the grievant, which a union steward or a union 19 T/A'd Agreement 10-6-22 166 representative may accompany if the union is not the grievant. The Emergency Services Director Fire Chief shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the grievant may forward the grievance to Step 3. Step 3: The grievant shall present the written grievance within five working days from the date of the decision at Step 2 to the County Administrator or his designee. The County Administrator (or his designee who is authorized to resolve the issue) shall meet with the grievant, which a union steward or a union representative may accompany if the union is not the grievant. The County Administrator shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the Union and only the Union except as provided by law may forward the grievance to arbitration. 20 T/A'd Agreement 10-6-22 167 ARTICLE 13 ARBITRATION 13.01 In the event that the grievance is not settled at Step 3 within the time allowed, it may then be submitted to arbitration. Submission to arbitration must be made within ten days of the time that the Step 3 decision was rendered; provided, however, this period may be extended upon the mutual agreement of both parties. If the parties fail to agree to the appointment of an arbitrator, the party requesting arbitration shall apply to the Federal Mediation and Conciliation Service for a list of seven arbitrators who reside in Florida. The party requesting arbitration shall strike the first name from the list, and the parties shall thereafter alternate in the striking of names. The party requesting arbitration shall notify the last remaining person on the list of his/her selection as the arbitrator in the case. Hearings before the arbitrator shall be conducted in accordance with the rules of the Federal Mediation and Conciliation Service. Testimony shall be given under oath. 13.02 As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the union and the County in writing. It shall be the obligation of the arbitrator to make a best effort to rule within 30 calendar days after the hearing and receipt of post -hearing briefs. The expenses of the arbitration, including the fee and expense of the arbitrator, shall be paid by the losing party. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless the parties mutually agree to share the cost. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The arbitrator's decision shall be final and binding on the parties subject to any review allowed by law. 21 T/A'd Agreement 10-6-22 168 13.03 The arbitrator will be confined to the written grievance presented in Step 1 of the procedure. Additionally the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement. The arbitrator shall have no authority to consider or rule upon any matter which is not subject to arbitration or which is not a grievance as defined in this agreement; and may not interpret this agreement in a manner inconsistent with the County's management rights. This Agreement may not be construed by the arbitrator to supersede applicable state or federal laws, except to the extent as specifically provided herein. 13.04 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the question that is presented, which question must be actual and existing. In any arbitration decision resulting in a retroactive adjustment, such adjustment shall be limited to ten calendar days prior to the date of the filing of the grievance. In any arbitration decision resulting in back pay to an aggrieved employee, such back pay shall be offset by interim earnings, including unemployment compensation. 13.05 The Union and only the Union shall have the exclusive right to proceed to arbitration on behalf of the bargaining unit members except where the Union refuses to represent an employee as a result of the employee not being a member of the Union. 22 T/A'd Agreement 10-6-22 169 ARTICLE 14 UNIFORMS AND EQUIPMENT 14.01 The Employer will allocate sufficient funds to provide an initial allotment, and replacement in accordance with Article 14.02, for trousers (style to be determined by management), shirts, t -shirts, short -sleeve and long -sleeve polo shirts, shoes, hats, job shirts, jumpsuits, cap, badge and name plate. The Employer also will provide protective clothing and devices; bunker coat and bunker pants made of Nomex or similar material, boots, helmets, shatter -resistant face shield, gloves, safety glasses for welding and metal cutting, two (2) protective hoods and any other safety equipment deemed necessary by management. 14.02 Uniforms and protective clothing shall be worn, and devices used, in accordance with District rules and this Agreement. The aforementioned items shall be replaced upon being lost, or becoming worn or damaged as determined by management. Replacement items will be ordered within seven (7) business days of being reported lost by the employee or identified by management as worn or damaged, unless purchasing requirements necessitate additional time constraints, in which case the items will be ordered as soon as reasonably possible. All items to be replaced must be returned to the Department before new items will be issued. Employees shall be responsible for the replacement cost for any lost items, or items damaged through the employee's negligence. Whenever practical, replacement will be made on the said employee's scheduled shift. 14.03 The Employer, upon request, will provide bed linens, consisting of pillow cases, fitted sheets and flat sheets. Such linens shall be replaced on an annual basis. 14.04 The District agrees to reimburse the full cost for eye glasses and contact lenses not to exceed Two Hundred Dollars ($200.00) and up to One Hundred Dollars ($100.00) for wrist watches, damaged in the line of duty, provided that the damage was not caused by negligence, and that adequate proof of such damage, the circumstances of the event, and proof of original purchase price are presented to the appropriate supervisor and approved by the Fire Chief. 23 T/A'd Agreement 10-6-22 170 14.05 The Employer shall provide and maintain a heavy-duty washer for the purpose of laundering turnout gear at all current stations and all permanent stations until completion. In addition to the extractors, the County will add 3 washer dryer units, per fiscal year, at the current stations to mitigate contaminated clothing that will occur while on duty. 14.06 The Employer shall provide storage facilities at each station based on budget requests, to house the protective clothing of firefighters assigned to that station without exposure to diesel exhaust. 24 T/A'd Agreement 10-6-22 171 ARTICLE 15 SAFETY AND HEALTH 15.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations. 15.02 The County agrees to provide safety equipment. The County agrees to continue maintaining maintenance logs and other records and to perform tests to ensure that presently used vehicles are operationally safe. 15.03 A workplace safety committee comprising of three Union representatives and three County representatives will meet quarterly and conduct its affairs in accordance with Florida Statute 633.810, its implementing regulations, and/or any amendments. The workplace safety committee may also meet upon mutual agreement or in the event of an employee death or injury in the line of duty. The committee may make recommendations regarding behavioral and mental health. Nothing in this article shall preclude the County's Human Resources Director, Risk Manager or designees from attending the Safety Committee meetings. 15.04 The County agrees to comply with Section 112.18, Florida Statutes (Special provisions relative to disability) and Sections 112.1811 112.1815, 112.1816, Florida Statutes (4997) r� al elati, e to et4 able diseases) -and 29 CFR 1910.134 �oYev�u Y���;u�'-"vi " (OSHA standard for SCBA mask fit testing). 15.05 The Union and the County agree to the concept of a tobacco free fire service, as supported by the Professional Firefighters of Florida. Towards that end there shall be no smoking or use of tobacco products allowed in any area of the fire stations and/or vehicles. Additionally, all bargaining unit employees hired after October 1, 2000, shall abstain, both on and off duty, from the use of tobacco products. 25 T/A'd Agreement 10-6-22 172 15.06 The Employer and the Union agree to adhere to the Emergency Medical Services protocol as set forth by the medical director. 15.07 The County shall provide immunizations for all employees who request to be immunized at the approval of the Medical Director and Er-geney careless Wi-eeteF Fire Chief as follows: Tetanus (every ten (10) years), and Hepatitis - (Type A and B) (every five (5) years). The County shall provide testing for tuberculosis each year, and Hepatitis C once as a baseline and after each potential exposure. 15.08 The Employer agrees to provide as a fflinimum an annual physical for each employee. This physical shall include, at least ,the same testing as is done for newly -hired employees, except that chest x-rays need not be given more than every three (3) years. The results of the physical shall be provided to the employee_.-_il4ediealirester, EFAeFgeflr.SeFViees teeter OF his -designee, and Human Dos^ s r':-eetff. The Fire Chief or his designee shall only be provided written notice indicatine whether or not an emnlovee has anv working restrictions, otherwise the results of any vhvsicalbut —shall ^ be confidential to the extent permitted by law. 15.09 The County and the Union agree to the Drug -Free Workplace Program as adopted by the County for all required testing positions. 26 T/A'd Agreement 10-6-22 173 ARTICLE 16 HOURS 16.01 A. Non -shift employees shall normally be assigned to a 37 %z hour work week and shall be paid time -and -one-half for all hours worked outside their regularly scheduled work hours o of ^n hour in tht@i . • A_-4 • . Shift employees shall be assigned to a schedule of 24 hours on duty followed by 48 hours off duty, and 28 -day FLSA work period. Shift employees shall be paid time -and -one-half for all hours worked outside of their regularly scheduled work hours in exeess of hours in -their 28 day FLSA ...ark period. Overtime shall be calculated in accordance with current practice. B. Non -fire certified ALS shift employees shall be assigned to a schedule of 24 hours on duty followed by 48 hours off duty, and shall be paid time and one half for all hours worked in excess of 40 hours in their 7 -day work period. C. Biweekly pay will be based on actual hours worked and paid leave taken. 16.02 Until the first work cycle beginning . on or after June 1, 2023, z4all FLSA 207(k) exempt shift employees will be granted three (3) "Kelly Days" to be scheduled in such a way that one (1) "Kelly Day" is allowed each four (4) months of the fiscal year. Kelly days shall be selected during the month of September of each year with the new selections becoming effective October 1St of each year. Once a selected Kelly day becomes effective it may not be cancelled. Such time off shall be scheduled. Effective the first work cycle ginning on or after June 1, 2023, all FLSA 207 (k) exempt shift employees shall be granted a regularly scheduled unpaid day off known as a Kelly Day every twenty-one (2 1) regularly scheduled shifts (every nine (9) weeks). Effective the first work cycle beginning on or after June 1, 2024, all FLSA 207 (k) exempt shift employees shall be granted a regularly scheduled unpaid day off known as a Kelly Day very fourteen (14) regularly scheduled shifts (ever six (6) weeks). 27 T/A'd Agreement 10-6-22 174 Kelly Days shall be selected by classification seniority (total consecutive years or partial years of service in an employee's then -current classification) in January 2023 and each January thereafter with new selections becoming effective with the first work cycle beb .ginning on or after June 1, 2023, and the first work cycle be ig nning on or after each June 1 of each year thereafter. Beginning June 1, 2023 there will be a maximum of five (5) Kelly Da simper shift. Beginning June 1, 2024 there will be a maximum of seven (7) Kellam simper shift. In connection with the selection of any KellyDay, if there is a tie in classification seniority, department seniority (since most recent date of hire) shall be used to break the tie. In the event a tie remains, earliest date of application for employment in the Fire Department shall prevail. Employees on light duty, while assigned to an administrative shift (i.e., 37.5 hours, Monday - Friday), shall not be permitted to reschedule their Kelly Days except when it falls on Saturday or Sunday, in which case it will be taken on the next scheduled work day. While on light duty, 8 hours of leave shall continue to be charged for full day absences and hour for hour for partial day absences. 16.04 The parties recognize that the employees covered by this agreement are essential to the successful operations of County facilities and services during a declared emergency. As such, the parties agree that as a condition of these employees' employment with Indian River County, they must be available and able to report to work and perform assigned duties as directed by management during a declared emergency. The failure to report to work and/or perform assigned duties as directed by management during a declared emergency will be cause for termination of employment with Indian River County. The J mer -genet' co,._.:^os T ireete" Fire Chief or his designee may allow exceptions to this requirement for extraordinary circumstances at his discretion. 28 T/A'd Agreement 10-6-22 175 ILLLLM 16.056 Non -shift employees assigned to a 37 'h hour workweek may, with the approval of the E,f,o..gofi, ., Serviees Direeter- Fire Chief or designee, flex their time within a workweek so long as the flex is completed in the same workweek and does not cause or result in overtime. 16.0-76 in year2, 2021, he Gatinty will eliminate bas;;-y-AMel-farthe -eontr-uet. Department personnel will remain responsible for hedge trimming and basic sprinkler maintenance, but not yard/lawn maintenance. 29 T/A'd Agreement 10-6-22 176 16.056 Non -shift employees assigned to a 37 'h hour workweek may, with the approval of the E,f,o..gofi, ., Serviees Direeter- Fire Chief or designee, flex their time within a workweek so long as the flex is completed in the same workweek and does not cause or result in overtime. 16.0-76 in year2, 2021, he Gatinty will eliminate bas;;-y-AMel-farthe -eontr-uet. Department personnel will remain responsible for hedge trimming and basic sprinkler maintenance, but not yard/lawn maintenance. 29 T/A'd Agreement 10-6-22 176 ARTICLE 17 STAFFING 17.01 The Employer will maintain what it determines to be a safe and effective number of personnel at each station and sub -station during each shift. The Employer agrees with the Union that having three firefighters on an engine would be preferable to having two firefighters on an engine. The Employer will consider this fact when setting staffing levels. The Employer also agrees that no station will be reduced to under what it determines to be minimum staffing for more than four (4) hours per shift with the exception of approved in house, on duty education and training. 17.02 The County may will allow eigl# seven (7 S) employees off on approved leave per shift. Approved leave shall be defined as Annual Leave. , DT day (if an ^r Kelly ly , ays Up to twe of the eight empleyees granted-leavemay be en Kelly days Per shiA�K days shall ''.^'o^*o' The County will allow two (2) on -shift employees per Bureau (Training and Prevention) off per day. Any additional employee leave may be granted only with special approval of the Emer-gene , Sevv:^os nire^*er Fire Chief. All leave shall be requested and scheduled via the County's electronic scheduling software. 17.03 The County shall implement an electronic scheduling software. 17.04 Effective October 1, 2022, a PT day will no longer be provided, except for single role paramedics who shall receive six (6) PT shifts per fiscal year, to be used in the same manner as annual leave. PT days taken shall not count as time worked for purposes of overtime. Unused PT days will not carry over from fiscal year to fiscal year and will not be paid out upon separation of employ 30 T/A'd Agreement 10-6-22 177 ARTICLE 18 VACANCIES AND PROMOTIONS 18.01 The decision whether or not to fill a bargaining unit vacancy shall be within the sole discretion of the 1~,,..eFgeaey Ser-viees Duret^r Fire Chief. Should the Director decide to fill the vacancy, the filling of the vacancy shall be in accordance with the District Personnel Rules and Regulations, except as modified herein. The County shall begin a promotional process for the new rank of Rescue Sergeant so that one Rescue Sergeant can be staffed on each rescue unit as soon as possible. After completion of this initial promotional process, all promotional examinations will be held in accordance with Section 18.02 below. Once there are a sufficient number of Rescue Sergeants to staff each rescue unit, the Count shall hall no longer use AP, Solo or Lead Medics. 18.02 Promotional examinations for bargaining unit positions shall be held during the months of August September. The Efne fgeney Serviees Dire .ter Fire Chief, after consultation with the Union President may hold promotional examinations at another time should the need arise. 18.03 The Pr-emation Board shall be eamposedi efthe, AssistaRt Chief-, three (34 Baffalien GhieA, three (3) Gaptaifis and one (1) mo,. be of the i 1niei. aF his .lesigfiee who 'II b 1 r d by the baFgaining unit. The Training Bureau shall rank all of the candidates, and shall forward the entire list of ranked candidates to the Direeto Fire Chief. The rankings shall be determined based upon a point system formulated in Article/Section 18.08 and 18.09. In order to be eligible, a candidate for the rank of Driver/En ig neer shall have at least three (3) years of service with the Department= a candidate for Rescue Sergeant shall have at least three (3) years of service with the Department and at least two (2) years as a protocoled and released Paramedic authorized to operate as such by the Medical Director, and a candidate for the rank of Lieutenant shall have at least three (3) years of service as a Driver/Engineer and/or Rescue Sergeant with the Department. The Emergency Serviees Directo Fire Chief shall select from the top three candidates the individual he believes, in his discretion, is most qualified for the position. Once the selection is made, the list shall automatically reset to advance the next 31 T/A'd Agreement 10-6-22 178 highest -ranked candidate to the top three. In the event there are fewer than three employees on the promotional list, or the list is exhausted, the Fire Chief shall have the authority to appoint an employee who is not on the promotional list that the 99.,..08ff co...,ieeS r iF fuer- Fire Chief believes, in his discretion, is most qualified for the position; provided that the employee selected must be qualified to work out -of - classification for the position. In appointing an employee who is not on the list, the Fire Chief shall consider the employee's job performance, disciplinary actions, college degrees, additional training courses, certifications, leadership, attitude, attendance, and seniority. No appointed employee shall be forced to accept a promotion. 18.04 Each employee covered hereunder shall annually receive a written evaluation assessing his performance of the essential functions of the employee's job. The appraisal form shall be developed by the Employer w thinput 4^m— the r'riA_H 18.05 Newly hired Fir -e fighto,.m,..-amedie employees shall serve an initial probationary period of one year. Newly hired Firefighter/EMT employees who do not possess paramedic certification are required to attain the paramedic certification within the initial twenty-four (24) month probationary period and will serve an additional probationary period not to exceed twelve (12) months from the date of receiving paramedic certification. `"'i is twelve (12) menth period, the emplayee will be required to sueeessfully roomplete the required tests to obtain Medieal DiFfttar- appr-aval to be, rede—asead 4E)m pr-ebmianar-y status. Newly hired probationary employees may be dismissed at any time at the discretion of the County and are not entitled to use the grievance/arbitration procedures relating to their discipline or discharge, and are not entitled to payments of sick leave or vacation leave at time of termination. Newly hired employees who do not possess Paramedic certification shall only receive a cost -of -living adjustment if any and will NOT receive any available step increases until such time they are certified by the State of Florida as a Paramedic. 18.06 Employees who are promoted shall serve a promotion trial period of twelve months. If an employee who is serving a trial period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to 32 T/A'd Agreement 10-6-22 179 return the employee to the position and status held immediately prior to the promotion. If the employee's former position is filled, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified, the employee will be placed in a lay-off status with recall rights. 18.07 Upon successful completion of their trial period, Fire Inspectors who have at least 5 years of experience with Indian River County Emergency Services will be promoted to Lieutenant Fire Inspector, only after applicable testing 18.08 The following promotional process shall be followed: RAW SCORES: EXAM SCORES TOTAL SCORE (300 Points mail Multiple choice written test 100 Points max Practical scenario test 200 Points max TOTAL MAXIMUM RAW SCORE 300 Points The written test will be 100 multiple choice questions scored at 1 point each. The exam will be taken from job specific areas for each rank. Maximum score for written exam is 100 points. An employee who does not score an 80% (or greater) on the written exam will not be eligible to take the practical scenario test and will not be considered for the promotion. ^ dditi^"^"" an a fflp!Oyft that does not seere a-� 0 (or- greater-) will be e*eluded from wefking aut of rank until the designee:_At least 90 days prior to the exam, candidates will be provided a list of source materials from which the questions on the exam will be drawn. For Officers, the practical test will be comprised of scenario -based situations that will test the applicant's oral and reasoning skills, as well as their incident management capability. For Rescue Sergeant, the practical test will be comprised of two scenario- based situations (medical and trauma 33 T/A'd Agreement 10-6-22 180 scenarios). For Driver/Engineers, the practical test will be comprised of two scenario- based situations (driving and pumping) that will test the applicant's oral and reasoning skills, as well as their incident management capability. As in the past, they will need to recall and verbalize their instructions based on the SOP'S, meeting prescribed benchmarks, as well as using their common sense and job experience. Outside evaluators from other Fire Departments will evaluate and grade each applicant unless otherwise agreed upon. Maximum score for the practical test is 200 points. An employee who does not score an 80% (or greater) on any portion of the practical test will not be considered for the promotion. Additiona ly an o ..laye0 that does not were aR Qnoi (or- greater) en any p,v.4.vn of the Yruvt.vui wus will be exeluded fr-emwer-king out of rank until the empleyee or- hisrde s'ffa o Protest , Procedure: The proper procedure for protesting the written exam shall be announced prior to starting the exam and shall include the following: (a) Item not from the reading list; (b) No correct answer available; or (c) More than one correct answer. All protests must be noted at the conclusion of the exam, which shall not be considered concluded until after the review. No candidates are to be involved in the discussions related to the resolution. If a protest is determined to be valid, the affected item shall be removed from the test for all candidates. All protests shall be resolved by the Training Bureau within three (3) business days of the exam. Candidates will be given one (1) chance to appeal the performance-based component of the promotional process. Candidates can appeal a procedural error or method error on the da,, of f the performance-based component. 18.09 Once the top 3 candidates are determined based upon their raw scores (written and practical scenario test), the Training Bureau will issue additional points based upon departmental service as outlined below. Additionally, the Training Bureau will consider the following factors: job performance evaluations, disciplinary actions, working 34 T/A'd Agreement 10-6-22 181 out of classification, college degrees, additional training courses, and certifications in ranking the top 3 candidates. The Training Bureau will review the college degrees, additional training courses, and certifications to determine whether consideration will be given. Additionally, the gme,.,.oney SeF'ViGeS Pire,. Fire Chief reserves the right to interview the top 3 candidates. NOTE: Ties based upon raw scores will be broken by applying years of service points for Driver/Engineer or Rescue Sergeant promotions and by years of service and years of rank points for Officer promotions. In the event there is still a tie, the Training Bureau will consider the resumes of the tied employees. DEPARTMENTAL SERVICE (25/50 Points max) Total years of service completed; credit is 1 point per full year. Total years in rank completed; credit is 1 point per full year. For promotion from Firefighter to Driver/Engineer or Rescue Sergeant, only total years of service points will be credited. For transfer from one of Driver/Engineer or Rescue Sergeant to the other, additional years in rank point will be credited for time in either rank. For promotion from Driver/Engineer or Rescue Sergeant to the rank of Lieutenant, additional years in rank points will be credited for time in Driver/Engineer and/or Rescue Sergeant rank. Far- Y. e oti-n 4- A- .., r,riyer4Engineo . to Lieutenant, .,ddit;. nal yeaFS innk points ts w. i" be oa;.oa feff t nr eF. Engineer- fi' For promotion from Lieutenant to Captain, additional years in rank points will be credited for time served as a Lieutenant. Maximum score for Service is 25 points for Driver/Engineer promotional testing and 50 points for Officer promotional testing. OTHER FACTORS TO BE CONSIDERED BY THE PROMOTION BOARD — NO POINT VALUES 7 UES GIVEN. EDUCATIONAL POINTS FOR COLLEGE DEGREES (10 points max): BS OR BA department related, 10 additional points added to final grade. AS OR AA department related, 5 additional points added to final grade. Degrees shall be considered department related if eligible for the Firefighters Supplemental Compensation Program. 35 T/A'd Agreement 10-6-22 182 AS OR AA in n depaftment related CERTIFICATIONS An approved and accredited department related certification requires an examination or review to obtain. Certifications that will automatically be approved will be listed by the Training Division. Any additional certifications may be approved or rejected by the educational committee in the future, and added or subtracted from the list as necessary. EDUCATIONAL COURSES Any documented courses given by colleges, Fire/EMS or public safety agencies, or private companies that are job related and approved by the promotional board Training Bureau, including any course with a course number assigned by the State Fire Marshal that is at least 32 hours in length. All employees shall have a folder created in their training file to maintain the documentation of each employee's education. The Training Division Bureau shall review all education courses/certifications to be used for consideration before the prometionai board meets,. It is the responsibility of the employee to ensure that a cop, o� f all pertinent certificates are in the training file. It is the responsibility of each employee to present current educational documents for their resume. If the documentation is not there, it shall not be considered. 36 T/A'd Agreement 10-6-22 183 ARTICLE 19 SHIFT EXCHANGE 19.01 Effective the beginning of the first pay period after Union ratification and County approval of this Agreement, employees may exchange shifts up to 312 hours per fiscal year when the change does not interfere with the operations of the Fire Department, and when prior approval is granted at the discretion of the Fire Chief or his designee. In the event an employee is unable to work due to injury, illness, or disability, and has exhausted the 312 hours, the Fire Chief may, in his discretion, allow additional hours. Chit feRns or an), other method authorized by the r-me-e-ey Ser-viees Dir-ersteF Written reauests will be submitted to the Fire Chief "h^" be ..-soa r^r thk P -PR � 19.01.1 The Fire Chief may provide a carve out for education. 19.01.2 The Union President may assign up to seventy (70) full or partial standby arrangements. 19.01.3 Standby arrangements under Seetions , 9 n, 2 and , o n, .3 are subject to the limitations in Section 19.02; provided, however, that an employee of equal classification who has equal or higher qualifications shall be permitted to work the standby arrangement. 19.01.4 Standby arrangements under Seetion 19.0 1.3 ofthis Agreement shall only be used for the following: A. Executive Board Meetings (limited to Local 2201's four principal officers and Local 220 I's shift stewards). B. General Union Meetings noticed to Local 220 I's members. C. CBA negotiations with the District/Indian River County, including impasse hearings. D. Grievance step meetings and arbitration hearing under the CBA. E. Public meetings of the Indian River County Board of County Commissioners (limited to Local 2201's four principal officers). F. Conferences, conventions, and seminars relating to union activity. 37 T/A'd Agreement 10-6-22 184 G. Charitable community events and fundraisers organized by or for the benefit of a bona fide Section 501(c)(3) non-profit organization, excluding any and all forms of political activity. H. Meetings with Local 2201's attorneys regarding District/Indian River County union matters. I. Florida PERC proceedings in which Local 2201 is a party. 19.01.5 The seventy (70) full or partial standby arrangements referenced in Seetions IQ n, And , o) of this Agreement, are the maximum number allowed per fiscal year, and any unused standby arrangements shall not be rolled over to the following fiscal year. 19.02 The exchanging employees shall both be of equal classification or both qualified to work in each other's classification. Exchanging_ employees may be required to work in their highest qualified capacity. 19.03-5 Vacation leave will be charged to the employee who agreed to work the shift if the employee who agreed to work the shift calls in sick. 38 T/A'd Agreement 10-6-22 185 ARTICLE 20 SUBSTITUTE EMPLOYMENT 20.01 The Employer agrees not to use, assign or detail members of the bargaining unit as substitute employees to perform non -firefighting /EMS duties except where lives or property are in imminent danger. 20.02 Furthermore, the Employer agrees to use members of the Vero Beach Volunteer Fire Department as supplements to the Department only and will not replace a career firefighter with a volunteer firefighter. 20.03 Bargaining unit employees shall inform the Fire Chief, in writing, of any outside employment. Outside employment which interferes, or is incompatible, with County employment may be denied. No outside employment shall be performed less than eight (8) hours prior to the start of an employee's assigned shift. 39 T/A'd Agreement 10-6-22 186 ARTICLE 21 WORKING OUT OF CLASSIFICATION 21.01 An employee required to work temporarily at a rank higher shall receive $2.50 per hour for the period of time the employee actually works (excluding any periods of leave) worked out of classification. Solo Paramedic and ALS lead are not classifications. On -duty qualified employees whose name appears on the eligibility list (where one exists) for promotion to the next rank shall be chosen first to work out of classification. Employees having completed twelve "'" months a their promotional trial period may work out of classification if qualified by the Training Department. 21.02 Employees will be required to work out of classification if qualified when directed by the department. it T/A'd Agreement 10-6-22 187 ARTICLE 22 TRANSFERS 22.01 Employees may be allowed, at Departments discretion, to transfer between combat, fire prevention, and training, rank to rank, if a vacancy exists, provided the employee has the minimum qualifications for the position. In such a case, the employee shall be paid at the same pay step in the day shift pay plan commensurate with the position to which the employee has been transferred. 22.02 Bargaining unit employees may be transferred, at the Department's discretion, to any fire rescue position and/or shift within the Department. In such a case, the employee shall be paid at the same pay step in the applicable pay plan commensurate with the position to which the employee has been transferred. 41 T/A'd Agreement 10-6-22 188 ARTICLE 23 PERSONNEL REDUCTION 23.01 If a personnel reduction is necessary, the Employer shall determine the number of employees and jobs affected in the bargaining unit and retain employees on the basis of job qualifications, length of uninterrupted services as a full-time employee (seniority), and job performance. Other factors being equal in the g ffi gefley Seryiees Pir-ee Fire Chief's judgment, seniority, as defined above, shall prevail. Laid -off employees will be recalled within two (2) years of the employee's lay-off date before new employees are hired for future vacancies in the Fire Department, however, the laid -off employee must meet, as a minimum, the basic qualifications (i.e., Fire Standards Certification is current, EMT is active, Fire Inspector certification is current (if applicable), and/or Paramedic License is active) they held at the time of their separation. Recalled single -role employees will not be required to enter into an employment agreement to become dual certified if recalled within the two-year period. 23.02 Laid -off employees shall retain seniority in the Fire Department for a period of two (2) years after lay-off. 23.03 An employee shall lose seniority if the employee voluntarily quits or is discharged for cause, immediately upon the employee's last day in a work status. An employee shall be considered a voluntary quit if the employee is absent three (3) consecutive duty shifts without prior approval from, or notification to, the Fire Chief or his or her designee. 42 T/A'd Agreement 10-6-22 189 ARTICLE 24 BEREAVEMENT LEAVE 24.01 Regular full time bargaining unit employees covered by this agreement shall be granted up to two shifts of leave with pay, or three (3) consecutive working days for those not on a 24-hour shift, for death in their immediate family without charge to medical leave, annual leave, holiday time, or other accumulated time, subject to the terms of the applicable District Rules and Regulations. At the discretion of the P._,e.-genet' SepVi es; T,;..ee-, Fire Chief or his designee, employees may split up the two shifts of leave with pay. All bereavement leave must be completed within 90 days of the date of death. If bereavement leave is not utilized on consecutive shifts/work days immediately following the notification of death and is later scheduled to be used on a holiday, the leave must be approved by the Fire Chief. 24.02 For the purpose of this article, the immediate family shall include parents and stepparents, spouse, children and step -children, grandmother, grandfather, grandchild brother, sister, step -sister, step -brother, mother-in-law, father-in-law, son-in-law, daughter -in law, sister- in-law, brother-in-law, or legal guardian of the employ fellow these family members : aeun.., .,,►oma and regulation-,. 24.03 Employees shall be required to provide documentation within 90 days supporting their request for bereavement leave. 43 T/A'd Agreement 10-6-22 190 ARTICLE 25 HOLIDAYS The County recognizes the following holidays and any other days authorized by the Board of County Commissioners under the auspices of the Indian River County Administrative Policy. 1. New Year's Day 2. Martin Luther King, Jr. Day 3. Good Friday 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Friday after Thanksgiving Day 10. Last working day before Christmas 11. Christmas Day 25.02 Non -shift employees shall be given time off with pay for the above holidays on the County observed day. If a non -shift employee works the holiday, the employee shall be paid the overtime rate at time and one-half for the time worked. 25.03 Shift employees not required to work on a holiday, which includes those off on a Kelly Day, will receive twelve (12) hours pay at their regular rate for the pay period within which each holiday falls. Shift employees who are required to work on a holiday shall receive twelve (12) hours of overtime pay, as holiday pay, in addition to their twenty-four (24) hours of regular pay. 25.04 An employee must be on active pay status, or approved leave on the regularly scheduled working day immediately prior to a holiday and the regularly scheduled working day immediately following a holiday in order to qualify for the holiday time. 44 T/A'd Agreement 10-6-22 191 ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE 26.01 ELIGIBILITY A. Full-time permanent non -shift employees earn medical leave at the rate of one (1) work day per month starting the first full month of employment. Shift employees shall accrue medical leave at the rate of one day (12 hours) per month. For purposes of computation, one full 24-hour shift will be equal to two (2) 12 -hour medical leave days. B. Medical leave may be taken as earned during the employee's probationary period. C. Frequent claiming of benefits under this rule will constitute grounds for the assumption by the >~,,. ergo,,, Semi,. Dire ter Fire Chief that the physical condition of the employee is below the standard necessary for the proper performance of duties. Likewise, evidence of malingering or the abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by the >~ m ergeney Ser- ,iees Di eeter- Fire Chief. Employees suspected of abusinglave will be placed on notice and will be required to submit a medical release note within two (2) shifts or work days of returning to work. a^^*^r'^ note upe thee. Fetal... to wofk. Ah -u -so of Iteaye shall be de -A-4 ed .,.. three eeeur-reneaeas in ., nn day period. Abuse of leave shall be defined as two occurrences in a 30 -day period. For shift employees, each shift or partial shift that the employee is absent shall be an "occurrence." 26.02 EARNING OF MEDICAL LEAVE An employee on medical leave for more than fifteen (15) consecutive working days shall not accrue medical leave for that period of time. 26.03 ACCRUAL A. For employees hired before the beginning of the first pay period after May 25, 2015, medical leave may be accumulated for a total of no more than 1200 hours at the employee's anniversary date. 45 T/A'd Agreement 10-6-22 192 B. For employees hired on or after the beginning of the first pay period after May 25, 2015, medical leave shall not exceed 600 hours at any time. 26.04 USE OF MEDICAL LEAVE MEDICAL LEAVE MAY BE GRANTED FOR THE FOLLOWING PURPOSES: A. Personal injury, pregnancy or illness not connected with work. B. Medical, dental, optical or chiropractic examination or treatment. (Refer to "D" for members of employee's family.) C. Exposure to a contagious disease which would endanger others. D. Illness of a member of the employee's immediate family who lives permanently in the same domicile which requires the personal care and attention of the employee. No more than five (5) working days a year may be taken for this purpose without approval of the Director of Emergency Services (see definition of immediate family in Article 24). E. Events in accordance with the Family and Medical Leave Act of 1993. 26.05 REQUEST FOR LEAVE A. To receive compensation while absent on medical leave, the employee shall notify the employee's immediate supervisor or Emer-geney Seryiees Pir-e, tar- Fire Chief prior to or as soon as possible after time set for beginning the daily duties. An employee in a unit operating on a twenty-four (24) hour basis must notify the department within the time limit established by the Director of Emergency Services. B. Medical leave used adjacent to any other approved leave will not be authorized unless the employee submits medical certification at least 24 hours prior to reporting for work. C. Use of medical leave in *he I^s* 3n days of omploy mentwith the Gounty shall not be permitted after submission of an employee's resignation. A resignation submission date will act as a timestama, all medical leave occurrences requested after the resignation date will be drawn from the employee's annual leave, unless approved by the gme-gen y Serviees Pi -e -^*e- Fire Chief or his designee. If the employee has no annual leave available, and is not approved by the Fire Chief or designee for use of sick leave, the employee shall be placed in a no -pay status 46 T/A'd Agreement 10-6-22 193 during any medical leave. The provisions of this subsection shall not apply to employees who submit their resignation in connection with entry into retirement, including entry into the DROP. D. Any request for scheduled medical leave authorized under Article 26.04 (B) shall be requested 72 hours in advance. 26.06 CHARGING LEAVE A. For shift employees, medical leave time shall be charged to the employee in 12 - hour increments unless the employee has requested approval 72 hours in advance and received approval from the Fire Chief or his designee to use less than 24 hours. B. For shift employees who have received approval for less than 12 -hour increments, medical leave will be charged in not less than one (1) hour minimum period for time less than one (1) day. C. For non -shift employees, medical leave time shall be charged to the employee on an hour for hour basis for approved absences. No more than one absence per work day may be charged. 26.07 RETURNING FROM MEDICAL LEAVE A. Employees on medical leave for 21 calendar days or more shall provide medical certification stating they are fit for duty at least 24 hours prior to reporting for work. 26.08 SPECIAL CONSIDERATION FOR PRUDENT USE OF MEDICAL LEAVE Medical leave accumulated in excess of one hundred (100) days prior to the employee's anniversary date shall be compensated by paying the employee by the middle of the month following the month in which the employee's anniversary date occurs for such excess leave at the employee's regular hourly straight time pay. 26.09 MEDICAL LEAVE PAYMENT UPON SEPARATION FROM SERVICE A. Employees hired on or after May 25, 2015 and who have ten or more years of service with the County at the time of separation, shall receive 100% of the base 47 T/A'd Agreement 10-6-22 194 rate of pay for one-half of all unused medical leave, up to a maximum of 300 hours, upon retirement or death. B. Employees hired prior to May 25, 2015 shall receive 100% of the base rate of pay for all unused medical leave, up to a maximum of 1200 hours, upon retirement in accordance with existing retirement plans or death. 26.10 Disability leave with pay shall be provided by the Employer on the following basis: A. The disability resulted from an injury or an illness sustained directly in the performance of the employee's work, as provided in the State Workers' Compensation Act. B. If incapacitated for his or her regular position, the employee may be given other duties with the Fire Service for the period of recuperation, provided the employee's medical condition permits. Unwillingness to accept such an assignment as directed by the Director of Emergency Services will make the employee ineligible for disability leave during the time involved. C. A physician selected by the County may be used to determine the physical ability of the employee to continue on disability leave or to return to work. D. Except as may be modified by Article 26.11, if the disability leave is approved, the first seven (7) days of the leave will be charged to the employee's medical leave or the annual leave account. After the first seven (7) days, the employee will be entitled to normal Workers' Compensation only, unless the employee elects to supplement such Workers' Compensation benefits with any accrued medical or annual leave he or she may have. In no case shall the employee's total compensation from county pay and Workers' Compensation exceed his or her normal compensation. E. No new medical leave shall be accumulated during the period an employee is off the job due to injury. 48 T/A'd Agreement 10-6-22 195 F. At any time during the period of disability, any case may, upon request, be reviewed by an authorized County physician who shall provide the Director of Emergency Services with an assessment on the likelihood of the employee returning to work. 26.11 In the event of a combat injury, generally defined as occurring from the point of alarm to the return to station, an employee will be paid an amount equal to the employee's normal earnings by use of District funds or a combination of District funds and Workers' Compensation without charge to the employee's medical or annual leave. This coverage will be extended to other hazardous activities, if approved by the Director of Emergency Services, after a request for approval of such paid disability has been made by the union president. The Director's approval shall not be unreasonably withheld. 26.12 Bargaining unit employees who, in the line of duty, incur an illness, injury, or condition that restricts the employee from being able to perform his or her regular duties and responsibilities may be reassigned to a light duty position within the Department so long as_; (1) the employee's work restrictions permit such work and (2) the Fire Chief determines such a position to be available within the Department. Bargaining unit employees shall not be entitled to light or restricted duty for non -duty related illness, injury, or condition (not including pregnancy), except as required by law. 26.13 Bargaining unit employees shall be eligible for Family and Medical Leave, in accordance with, and under the terms of, the Family and Medical Leave Act of 1993 (FMLA). FMLA leave shall run concurrently with all other paid and unpaid leave for FMLA-qualifying absences, and all absences from work for FMLA-qualifying reasons, whether paid or unpaid, will be charged against the employees' FMLA leave allotment. Employees on Family and Medical Leave are required to use all paid leaves before going on leave without pay. 49 T/A'd Agreement 10-6-22 196 ARTICLE 27 INSURANCE BENEFITS 27.01 The County shall provide insurance for all bargaining unit employees and their dependents in the same manner as the County's general non -bargaining unit employees, including the retiree health insurance subsidy, hospitalization, and medical insurance. 27.02 The County shall maintain in full force and effect, and pay all premiums for, a life insurance policy on the life of each employee, payable to a beneficiary designated by the respective insured employee. Such life insurance policy shall be based on an amount equal to the employee's annual salary to the nearest high thousand as of the month following the payroll change. 27.03 Separation shall be effective as of the date of death. All compensation and benefits due to the employee as of the effective date of separation shall be paid to the beneficiary, surviving spouse, or estate of the employee as determined by law or by executed forms in the employee's personnel folder. 50 T/A'd Agreement 10-6-22 197 ARTICLE 28 ANNUAL LEAVE 28.01 Employees in the bargaining unit shall be entitled to accrue paid annual leave on the following basis: 1. 132 hours vacation for shift employees - 75 hours vacation for non -shift employees shall be earned each year for the first five (5) years of continuous employment commencing with the anniversary date. 2. 192 hours vacation for shift employees 112.5 hours vacation for non -shift employees shall be earned at the start of the sixth year of continuous employment through the end of the tenth year of continuous employment. 3. For each additional year of continuous employment, employees shall earn an additional day of vacation up to a maximum of 252 hours per year based on the calculations below CONTINUOUS EMPLOYMENT ANNUAL HOURS EARNED 28.02 For employees hired prior to May 25, 2015, 504 hours may be carried over from year to year; and for employees hired on or after May 25, 2015, 360 hours may be carried over from year to year; however, an employee shall not be allowed more than 360 hours annual leave in a one-half (1/2) year period. 51 T/A'd Agreement 10-6-22 198 SHIFT NON -SHIFT 11 YEARS 204 12536 12 YEARS 216 135-543.5 13 YEARS 228 14551 14 YEARS 240 1-5"58.5 15 YEARS 252 13566 28.02 For employees hired prior to May 25, 2015, 504 hours may be carried over from year to year; and for employees hired on or after May 25, 2015, 360 hours may be carried over from year to year; however, an employee shall not be allowed more than 360 hours annual leave in a one-half (1/2) year period. 51 T/A'd Agreement 10-6-22 198 28.03 For employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement, employer rules and regulations will apply regarding notification and/or pay for annual leave earned above 500 hours. Employees retiring after entering the DROP will be eligible to receive up to 300 hours of leave upon separation. Employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement will be eligible to receive payment for accrued annual leave up to 500 hours, or the maximum hours allowed by the Florida Division of Retirement at the time, whichever is less, in total. 28.04 Employees with the most time in total service years will be given preference when granting annual leave, during the seniority months (November, for January, February, and March; February for April, May, and June; ; May for July, August, and September; ; August for October, November, and December). Bargaining unit employees may cancel annual leave that has been approved through the Seniority Month selection process either during the Seniority Month in which it is granted, or at any time up to six (6) weeks prior to the date that the annual leave is to be taken, whichever is greater. Annual leave that has been approved through the Seniority Month selection process may not be cancelled other than as provided in Article 28.04, except as authorized in writing by the Dir-eeter- Fire Chief, or designee, in his sole discretion. The E., ergeney Searv:,.os; Direa I Fire Chief's decision to authorize or not authorize the cancellation of annual leave shall not be grievable. Notwithstanding their ability to cancel annual leave as provided in Article 28.04, bargaining unit employees who use the Seniority Month selection process shall continue to be required to use a minimum of two consecutive shifts of annual leave. Annual leave approved outside the Seniority Month selection process (on a first come, first served basis) may be cancelled with at least twenty-four (24) hours' notice to the County, 28.05 Non -shift employees shall receive one (1) personal day to be used within each calendar year in accordance with the vacation policy. 28.06 Non -shift employees shall be allowed to utilize annual leave in one (1) hour increments. 52 T/A'd Agreement 10-6-22 MlS ARTICLE 29 LEAVE OF ABSENCE WITHOUT PAY 29.01 The decision to grant leave without pay (leave of absence) is a matter of administrative discretion. It shall be incumbent upon the Fire Chief to weigh and determine each case on its own merit. Any leave of absence for a period of thirty (30) days or more must have the approval of the 9FAeFgeHe., SeF ,iees Pir-eeter- Fire Chief. Any appointment made to a position vacated by an employee on leave without pay shall be conditional upon the return of the employee on leave. 29.02 Any employee granted a leave of absence shall contact the Emergency Serviees Direetor Fire Chief at least two (2) weeks prior to the expiration of the approved leave in order to facilitate the reinstatement process. 29.03 Failure to return to work at the expiration of the approved leave shall be considered as a resignation. 29.04 No medical leave or annual leave will be earned by an employee for the time that the employee is on leave without pay. 29.05 Leave without pay shall not constitute a break in service, but time off will not be credited toward retirement. 29.06 Fringe benefits can be continued at the expense of the employee on any leave of absence over thirty (30) days. 53 T/A'd Agreement 10-6-22 200 ARTICLE 30 COURT DUTY 30.01 COURT LEAVE A. Employees attending court as a witness on behalf of a public jurisdiction or for jury duty during their normal working hours shall receive full pay equal to their normal work schedule for the hours they attend court. This time shall be charged as paid court leave. Remuneration paid by the court shall be turned over to the Employer. B. All permanent full-time employees subpoenaed to attend court on behalf of the Employer are eligible for paid court leave. Any remuneration paid by a third party in conjunction with such appearance shall be turned over to the Employer. C. Those employees who become witnesses, plaintiffs, or defendants in the matters unrelated to the Employer are not eligible for paid court leave. Employees who are parties against the County in any proceeding, or who appear without subpoena as witnesses for a party against the County in any proceeding are not eligible for paid court leave. D. Nonexempt employees who attend court representing the Employer on their day off will be compensated in accordance with the overtime provision. However, every attempt should be made not to schedule a court appearance on the employee's day off. E. Employees who attend court for only a portion of a regularly scheduled work day are required to report to their supervisor within a reasonable period of time of being excused or released (other than for the night) by court. The failure to so report will be cause for disciplinary action, 54 T/A'd Agreement 10-6-22 201 including termination of employment. Employees released for the night who are required to report back to the court following day shall not be required to return to work. F. Employees who attend court on behalf of the County, while on scheduled vacation, may be allowed to take additional leave with pay for the court time. G. In the event a holiday occurs during the period of an employee's jury duty, he or she shall receive pay for the holiday. H. All court attendance must be verified before an employee shall be compensated. Monies received from court appearances will be turned over to the Employer. 55 T/A'd Agreement 10-6-22 202 ARTICLE 31 SCHEDULING 31.01 DISTRIBUTION OF 11VE TIN49 ADDITIONAL HOURS All additional scheduling will be distributed equally by classification to the best ability of the supervisor in charge, except where operational needs dictate otherwise, using a computer-generated ^11�e list eligibility list or graphical presentation posted daily in real time by the supervisor in charge as a guide for such distribution. In compiling the posted e.�ei4i *" li ibility list, the following conditions will be adhered to: A. All assigned additional hours worked by the employee will be ineluded in totals shewn an the above pasted list placed on the eligibility B. When an employee enters a new classification, the employee will be placed on the seheduling list eligibility list at the highest eve-4IMof list for the classification entered en their ship'*. C. if ane ..leye0 ,.e fuses add-itio ...1 h,,,, .,h;nh the >~'...„1.,..e.. gets S@fflefflie whe-refused. if an-empleyee is-i+line, -for --An r--Ad-d-itio„al hours ;Tt beeause of the position having refused the assignment the list, the empleyeeYViT-fief be rehar-ged as if the e . payee n of he , ..4n,.4e,] D. If an employee is on approved leave, other than Kelly Day, they will not be offered hours. This is not to be interpreted as meaning that an employee is not subject to being eligible for additional hours or call-back while on approved leave. Employees on approved leave are not subject to mandatory assignments. For distribution of additional hours an employee shall be considered on approved leave from the time the employee finishes work on the last scheduled work day before going on vacation until the employee's scheduled starting time on the first scheduled work day after the employee's vacation. 56 T/A'd Agreement 10-6-22 203 E. At the end of the payroll 0 od nearest the end of e eh a..OW, ..1 yeaF, the aersumulateel .,,7,1;t;. nal hours of (exel.., ing o ..levees who are 4am thestandings of all others in the lowest o ,.leye0 : eh ,.1....sigea4ia.. ineligible, F « o ef4ime) shall be ,lo,lueted the F. It is expressly understood that reliable, prompt service is a priority responsibility to the public we serve. It is expected that all employees will respond when an emergency or bona fide need exists. The failure to so respond, except as covered in (D) above, will be cause for disciplinary action, including termination of employment. 31.02 PROPER FILLING OF AND DISTRIBUTION OF ADDITIONAL HOURS A. All call -out additional ho vacancies requiring additional hours will be filled by the off going shift. Prearranged vacancies requiring additional hours shall be offered to emvlovees starting from the top of the appropriate classification eligibility list. The shift command shall attempt to fill prearranged vacancies at least two shifts in advance of the vacancy. In the event that prearranged vacancy cannot be filled, then it shall be filled using the current eligibility lists. with lowest hours efth-at the Captain Shall affempt OVontast;Azith up te- three -empleyees with the -lowest -Mem -in that elassifiramie . if unable t heur-s, the Captain may held ever- ether qualified . B. Additional hours will be called within the classification creating the overtime first. Solo Paramedic and ALS lead are not classifications. If all employees within that rank refuse then only those employees one classification below who can work out of rank will be called. If those employees refuse, then the employee with the lowest number of occurrences as reflected on the eligibility list .Y,, ,lode. -y 1within the original classification causing the coverage and 57 T/A'd Agreement 10-6-22 204 not on approved leave will be assigned the additional hours in a mandatory status. C. At the beginning of the first p period after etifir. tion „4 -this Agreement b both raAieS, mu,,,et... ,over -age lists 1.41411 4e a^ell;..°d for. e eh bar -gaining Unit e1e^^;4 r--, t;,.A L.e^e l «;t.. (4:. least senior-. levee to, melt—senier einple}ee) Within the P. -J s:m t -i A- n.- When employees are promoted to a classification, or transferred to another shift they shall be placed at the top of the appropriate classification eligibility list. Each additional hours assignment worked in the amount of (12) twelve or more continuous hours shall be counted as an occurrence. into the list AM. their- dateewe— mss# mandater-y et4ifassignmentwer-ked in the amount of 12 of eontinue- hE)Ur-S Shall 11e ^ ^ted ^ After each occurrence, the employee shall be moved to the bottom of the eligibility list. If an employee declines to work the additional hours, they will move closer to the top of the eligibility list as additional hours are distributed. If an employee is ineligible to work the mandatory coverage assignment, they will not be charged an occurrence. Employees who, for 1301 thirty consecutive calendar days or longer, are on Worker's Compensation leave, light duty assignments, FMLA, or sick leave will be removed from the eligibility list until re -instatement. Then, the employee will be placed back on the top of the eligibility list. have w, .,,letor-y eaverage oeew+enees redited to them as their - names eenie up within the rotationthat they a of required to ....L .,,,.ltiple fflaHdeAOF�' . nments when they return to full duty. D. The 1~...e..ge,..ey cen ___s Dir-ee`er Fire Chief may authorize a special event assignment when needed under special circumstances. The staffing of these events will be handled as outlined in Article 31. Mandatory assignments of (4) four hours or more pursuant to this subsection (D) shall be considered an occurrence of mandatory coverage regardless of the number- of hour -s and the affected employee shall be placed at the bottom of the eligibility list. If an 58 T/A'd Agreement 10-6-22 205 employee on mandator assignment finds a coverage approved by the shift command, then both employees will move to the bottom of the list. 31.03 CALL -OUT AND PREARRANGED r VERT-IN49 SCHEDULING A. When an employee is required to report for work at a time other than the employee's regular work schedule, it shall be considered: 1. A call -out, if the employee has less than twelve (12) hours' notice by the Fire Chief or authorized representative; or 2. Prearranged coverage if the employee has twelve (12) hours' or more notice. B. On a call -out, the employee shall be paid a minimum of three (3) hours at time and one-half as time actually worked, except that if the employee is called out before the employee's regular starting time and works through the employee's regular work period, then only time actually worked shall be allowed. Time shall start at time of initial contact (unless the employee fails to report to work within a reasonable period of time after contact, whereupon time shall start at a reasonable period of time before appearing at work) for purposes of computing time worked and/or paid and shall end upon sign -off at work headquarters. C. In the case of prearranged overtime, the employee shall be paid a minimum of four (4) hours for 56 h@UF 24-hour shift employees and 2 hours for day shift assigned employees (except in the case of meetings, two (2) hours), except if the employee is required to report before the employee's regular starting time and works through the employee's regular work period or is required to continue after the employee's regular quitting time, then only time actually worked or spent in meetings shall be allowed. Pay under this paragraph cannot be converted to compensatory time. 59 T/A'd Agreement 10-6-22 206 D. No employee will be called back to work during the employee's vacation period, unless an extreme emergency has been declared. 1. An employee's vacation period will begin on the instant the employee finishes the last hour of regularly scheduled work. 2. An employee's vacation period will end on the first hour of the employee's scheduled return to work date. 3. In the event an employee is called back from vacation out of town, the District will assume all costs involved in transporting the employee to and from the vacation site. 31.04 DISTRIBUTION OF FIRE PREVENTION ADDITIONAL HOURS A. In compiling the list of additional hours, the following conditions will be ll 1. The employee with the lowest number of hours will be offered the additional hours first. If the employee declines the additional hours, the employee shall be charged the additional hours offered. Then, additional hours shall be offered to employees with the lowest number of hours. If those employees refuse, then the employee with the lowest number of hours within the original offer will be assigned the additional hours in a mandatory status. 2. The additional hours shall be added to the employees' total number of hours 3. Additional hours performed by the employee shall be included in the total number hours indicated on the posted list of additional T/A'd Agreement 10-6-22 207 hours. 4. If an employee refuses additional hours which the employee gets someone else to perform, the additional hours will be also be charged against the employee who declined. 5. If an employee is on approved leave, they will not be offered hours. This is not to be interpreted as an employee not subject to a call- back while on approved vacation. For distribution of additional hours an employee shall be considered on approved leave from the time the employee finishes work on the last scheduled work day before going on leave until the employee's scheduled starting time on the first scheduled work day after the employee's leave. 6. The accumulated additional hours will be zeroed on October l" of each year, and the order of the new lost will begin from the employee with the lowest number of hours in the preceding year. 61 T/A'd Agreement 10-6-22 208 ARTICLE 32 MILEAGE ALLOWANCE 32.01 Employees temporarily assigned from one station to another station necessitating travel between stations will be compensated at the County's reimbursement rate if the employee chooses to use the employee's personal vehicle. Employees who choose this option must comply with the minimum county insurance requirements. If the employee chooses not to use the employee's own personal vehicle, it shall be the responsibility of the District to provide transportation between stations and back. 32.02 Application for mileage reimbursement and/or travel must be made within thirty (30) calendar days of the reimbursable travel. No mileage reimbursement will be paid in the absence of a timely request. 62 T/A'd Agreement 10-6-22 209 ARTICLE 33 INCENTIVE PAY 33.01 An employee of the District who has successfully completed a certified diver's course and self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi-weekly. 33.02-3 A. An employee of the District who has completed a total of eighty (80) hours in courses approved by the Fire Chief or his designee with the recommendation of the Training Bureau Educational ro.,.mit4ee will receive a pay increase of ten dollars ($10.00) bi-weekly. The courses for which the employee seeks educational incentive pay must be approved by the Fire Chief or his designee with the recommendation of the Training Bureau Edue-at-ional Gemmittee prior to enrollment. There will be a maximum of four (4) eighty -hour blocks per employee. B. The hours involved in the Fire Fighters State Minimum Standards Basic Recruit Training are excluded from this agreement. C. , tie, the Fire Chief shall be given-anethef vote to break the tie. This eemmr«ee,;ll 33.03-SThe incentives offered in this article (from 33.01 through 33.024) shall be available only for employees who have qualified for the particular incentives by March 24, 1994. 63 T/A'd Agreement 10-6-22 210 33.046The Fire Chief or his designee with the recommendation of the Training Bureau will have sole discretion on filling_ positions for special operations incentive, must comply with the collective bargaininggreement. The filling of these spots will be determined by the minimum standards associated within each discipline and the availability of rank in each discipline. The employee shall continue to receive the incentive until such time as the employee is no longer qualified for the slot, e.g., the employee promotes to a different rank where no slot is available or loses/drops a required certification, except that the County may remove an incentive for cause. The highest rank which may occupy a slot for special operations is Lieutenant. The Training Bureau with approval of the Fire Chief will establish criteria for sections 33.05 through 33.10. 33.05-7An employee who is qualified and certified as a Paramedic may assume the duties of the E.M.S. Field Training Officer and shall receive a pay increase of eighty sib dollars ($80.00 68-89) bi- weekly. There will be a maximum of twelve (12) E.M.S. Field Training Officers in the department. 33.06-7Four (4) Special Operations F.T.O.s per shift, total of 12 slots, shall receive ejyht sib dollars ($80.00 6089) biweekly. FTO assignment shall be made by management on a fiscal year basis. Employees who are not selected to retain FTO status will not be eligible to continue to receive the biweekly incentive. 33.078 -Forty (40) Special Operations (Technician Level) per shift consistine of 13 Technical Rescue with a breakdown of 3 Lieutenant, 3 Engineer and 7 Fire Medics, 3 ARFF personnel per shift OOR Engineer or Engineer, 12 Haz Mat per shift 2 Lieutenant 2 Engineer and 8 Fire Medics , 12 Rescue Diver per a shift, 2 Lieutenants, 2 Engineers and 8 Fire Medics for a total of 120 slots, Fifty s (564 Speei l Operations (T-ee fiiei n Level)per-shift eensisting of 11 High Angle, 11 �ARFF, 17 u Mat, t, 17 v ue Diver-, f ~ -A'^'A' of 168 slets, shall receive forty thit4y five dollars ($40.00 359) biweekly, so long as they maintain their certifications or are removed in accordance with Section 33.04 above. Only ^ o ineentive pe per -son. Up to fifteen (15) individuals who, as of October 1, 2022, currently receive incentive pay, and who are not selected to fill a special operations slot, will continue to receive the thirty-five dollars ($35.00) 64 T/A'd Agreement 10-6-22 211 biweekly legacy incentive pay as longas s they meet the minimum qualifications of the special operations slot for which the incentive is paid. Such legacy incentive pay may cease if the employee does not maintain minimum standards established by the Training Bureau and maintain appropriate credentialing. An employee shall only be eligible for one incentive pursuant to this Section 33.07. 33.089Non-shift employees shall be eligible for two 2 one (1) pay increases of thirty-five twenty one dollars ($35.00 2-1-A9) biweekly (maximum of six individuals) when they become certified in one of the following areas: State of Florida Instructor II or III State of Florida Inspector I1 or NFPA Certified Inspector I State of Florida Investigator I1 or IAAI Certified Investigator NFPA Certified Fire Plan Examiner I or NFA Plan Review for Inspectors State of Florida Fire Inspector III State of Florida Fire Code Administrator 33.094-4An employee who is Qualified and holds a certification in MSA G1 Tech will receive ($25.00) biweekly with a max of 6 spots. This is an incentive in addition to the incentives in section 33.07. 33.104- An employee that is qualified to be on The Honor Guard will receive ($25.00) biweekly with a max of 10 spots. This is an incentive in addition to the incentives in section 33.07. 33.11 Effective the first full pay period in October 2022, the Solo Paramedic and ALS Lead incentives shall be eliminated. From that date forward, all bargainine unit emplovees who are both certified paramedics and protocoled by the Medical Director shall receive a $6,000 annual paramedic incentive. The paramedic incentives shall be paid biweekly. Bargaining unit employees who lose their paramedic certification and/or are no longer protocoled by the Medical Director shall no longer receive the paramedic incentive. 65 T/A'd Agreement 10-6-22 212 N4-enth-,; af-Sefy4ee Nail 7(k) E?EtLi� 700 ENO 6 0-36months $1 0.80 day $12/day e 37 -72mo the 6 Over- 77 „. $1 9� A A� $21 33.124- When needed to staff ALSS stab. and/or- apparatus, the County may assigH alig0.1 33.132 The County shall make available up to $50,000 10,000 per fiscal year for the purpose of reimbursing employees for tuition expenses. Reimbursements shall be evaluated and approved based on the criteria below on a first come, first serve basis. Only the cost paid for tuition based on the grade criteria below will be eligible for reimbursement. The courses for eligibility MUST be assigned a course number by the State Fire Marshal or be related to the program of fire or EMS related services. Elective courses and general education courses are not eligible. A. The employees must first receive written approval prior to taking the course. B. Must have 3 years of service with Indian River County Fire Rescue Division. 66 T/A'd Agreement 10-6-22 213 1 I 33.132 The County shall make available up to $50,000 10,000 per fiscal year for the purpose of reimbursing employees for tuition expenses. Reimbursements shall be evaluated and approved based on the criteria below on a first come, first serve basis. Only the cost paid for tuition based on the grade criteria below will be eligible for reimbursement. The courses for eligibility MUST be assigned a course number by the State Fire Marshal or be related to the program of fire or EMS related services. Elective courses and general education courses are not eligible. A. The employees must first receive written approval prior to taking the course. B. Must have 3 years of service with Indian River County Fire Rescue Division. 66 T/A'd Agreement 10-6-22 213 C. Must execute a payback agreement with the County. I. If the employee leaves employment within two (2) years, they will be required to repay the entire cost of reimbursement. Reimbursement will follow the below schedule: "A" - 80% Reimbursement "B" - 65% Reimbursement "C" - 50% Reimbursement No reimbursement will be offered for grades lower than a "C" The official grade -reporting document for each class must be provided for reimbursement consideration. 67 T/A'd Agreement 10-6-22 214 ARTICLE 34 SALARIES 34.1 Upon ree ei• g Fir -e fighter raef4i fie tion n,,..,,.,.,edir. 1 ill be placed in th@ Dual r oif d pay reale, e€feetive- the. first day ef the next 28 day eyele.Upon berse ing Fir -e fi htef ser#-ified-AI-SPer-SeRnel 'Ali!! be eaflyeAed-using step based an their of ser-viee- in a 52.5,146 -rate. 'The), will be ,,.laee.7 in the the event th-M thea, vVe-five4ed is higher plan years than the step the), are plaeed in, theif: pay will that the range or- their- subsequent step pay f:ate rem-ain -;;t- the, ea-mvefted rate until surCh tim—e eater- than the eonveAed m4e of pay. New hires who possess only firefighter certification and do not possess paramedic certification will be hired in at $2,000 below the entry level for dual certified positions and will be required to become dual certified within 24 months of hire. Upon attainment of dual certification, their pay will be increased to the entry level rate for a dual certified position. 34.2 Bargaining unit employees will be provided wages as follows: A. For Fiscal Year 2022-23, effective the first full pay period of January 2023, all bargaining unit employees will receive a general wale increase as a result of beine slotted in the na plan attached hereto as Attachment B at their current step. This will become the Fiscal Year 2022-23 pay plan. Attachment B also reflects an adjustment in certain hourlyrates ates due to the implementation of the 9 -week Kelly Days effective the pay period of the first work cycle on or after June 1, 2023 (2808 annual hours) and due to the implementation of the 6 -week Kelly Days effective the pay period of the first work cycle on or after June 1. 2024 (2704 annual hours). T/A'd Agreement 10-6-22 215 MIRME WINT WoMATATA's T/A'd Agreement 10-6-22 215 B. For Fiscal Year 2023-24 and 2024-25, the parties mutually gree to reopen this Section and collectivelbargain any general wage increases for each of those fiscal years. Such negotiations shall commence on or before June 15th unless the parties agree to a later date. 1). The County and the Union currently use a 147 step pay plan that provides for movement within the designated classification. The County and the Unionagf:ee to the f; llewifig ehanges to the existing step plan.: IRISM-11111 wit 1). The County and the Union currently use a 147 step pay plan that provides for movement within the designated classification. The County and the Unionagf:ee to the f; llewifig ehanges to the existing step plan.: T/A'd Agreement 10-6-22 216 wit T/A'd Agreement 10-6-22 216 ED. Effective the first full pay period of April 2023, April 2024 2424 and April 2025 2922 all non -topped out bargaining unit employees, except new hires who have not attained dual certification, will proceed to the next step of their respective pay plan. Topped out empleyees sh IFeeVeive—a$1,200 lump sum payment not added to their- base pay to be id in the fi fst full pay period of Aril 2021 and pr-il 2022. New hire employees, who have not attained paramedic certification as of the first full pay period in April 2023, April 2024 2424 and April 2025 2922 respectively, will not advance to the next step of their respective pay plan until paramedic certification is attained (not to exceed X224 months from date of hire). Upon attainment of paramedic certification, their pay will be increased to the entry level rate for a dual certified position and the employee will receive the step increase effective the first full pay period following attainment of the paramedic certification. EE. Step moves, cost -of -living increases, general wage increases, pay scale adjustments or lump sum payments, if any, after September 30, 2025 2922 shall be established through collective bargaining for a successor Agreement. GF. In the event of promotion, the employee shall move to the same step of the pay plan for the higher rank on the first day of the pay period nearest to the date of promotion. In the event the same step of the pay plan does not exist for the higher rank, the employee shall move to the lowest step of the higher rank and shall not be eligible to receive the first subsequent step increase provided in 34.2 D and E. 70 T/A'd Agreement 10-6-22 217 WO Sim OWAYA MRIP , ED. Effective the first full pay period of April 2023, April 2024 2424 and April 2025 2922 all non -topped out bargaining unit employees, except new hires who have not attained dual certification, will proceed to the next step of their respective pay plan. Topped out empleyees sh IFeeVeive—a$1,200 lump sum payment not added to their- base pay to be id in the fi fst full pay period of Aril 2021 and pr-il 2022. New hire employees, who have not attained paramedic certification as of the first full pay period in April 2023, April 2024 2424 and April 2025 2922 respectively, will not advance to the next step of their respective pay plan until paramedic certification is attained (not to exceed X224 months from date of hire). Upon attainment of paramedic certification, their pay will be increased to the entry level rate for a dual certified position and the employee will receive the step increase effective the first full pay period following attainment of the paramedic certification. EE. Step moves, cost -of -living increases, general wage increases, pay scale adjustments or lump sum payments, if any, after September 30, 2025 2922 shall be established through collective bargaining for a successor Agreement. GF. In the event of promotion, the employee shall move to the same step of the pay plan for the higher rank on the first day of the pay period nearest to the date of promotion. In the event the same step of the pay plan does not exist for the higher rank, the employee shall move to the lowest step of the higher rank and shall not be eligible to receive the first subsequent step increase provided in 34.2 D and E. 70 T/A'd Agreement 10-6-22 217 G. Effective with the first vavroll period beginning on or after October 1. 2022. there shall be implemented a Career Performance Incentive Program as follows: 1. Employees who have completed fifteen (15) to twenty-four (24) years of continuous, uninterrupted service with the County shall receive $1,500 annual payable biweekly. The incentive will begin effective with the first full pay period following attainment of the service requirement. 2. Employees who have completed twenty-five (25) or more years of continuous, uninterrupted service with the County shall receive $3,000 annual payable biweekly. The incentive will begin effective with the first full pay period following attainment of the service requirement. 71 T/A'd Agreement 10-6-22 218 ARTICLE 35 EQUAL EMPLOYMENT POLICIES 36.01 It is the continuing policy of the District to promote the concepts of equal opportunity for all of its employees and applicants for employment. 36.02 The District will continue to recruit, hire, train, and promote on merit principles, persons in all job classifications without regard to race, color, religion, sex or national origin, except where sex is a bona fide occupational qualification. 36.03 Decisions on employment will be based on the principles of equal employment opportunity. 36.04 All personnel actions such as compensation, benefits, transfers, layoffs, return from layoffs, sponsored training, education, social and recreational programs, will be administered without regard to race, color, religion, sex or national origin. 72 T/A'd Agreement 10-6-22 219 ARTICLE 36 DURATION AND RENEWAL 37.01 This Agreement shall be in full force and effect from the beginning of the first full pay period on or after October 1, 2022, or the date of ratification by both parties, whichever is later, to through September 30, 2025-2. This Agreement shall continue in effect from year-to-year thereafter unless amended or terminated in the manner hereinafter provided. Either party desiring to amend or terminate this contract shall notify the other party in writing by February I of the year in which the contract expires. 37.02 If the parties do not reach agreement by contract expiration, the existing terms and conditions shall continue, unless otherwise specified, until a new Agreement is reached or the impasse is resolved. 37.03 The Employer shall not reduce the staff levels as they existed upon the signing of this agreement, with the exception that staff levels may be reduced only as a result of attrition and the Employer will not institute layoffs in the event it limits its firefighting/EMS activities. 37.04 The Employer agrees that its operations, or any part thereof, shall not be merged, assigned or otherwise transferred without first securing the agreement of the new employer to assume the Employer's obligations under this Agreement. 73 T/A'd Agreement 10-6-22 220 SIGNATURE PAGE INDIAN RIVER COUNTY FIREFIGHTERS/ PARAMEDICS ASSOCIATION, DISTRICT LOCAL 2201, I.A.F.F. President, John O'Connor Negotiating Committee Member Negotiating Committee Member INDIAN RIVER COUNTY EMERGENCY SERVICES Chairman, Peter O'Bryan Board of County Commissioners Jason Brown, County Administrator Negotiating Committee Member Witness Negotiating Committee Member DATE DATE Ratified by the Union on the day of , 20224 Confirmed by: John O'Connor President 74 T/A'd Agreement 10-6-22 221 Attachment A Indian River County, Florida Emergency Services District Sixty (60) Day Notice of Drug -Free Workplace Program For Local 2201, IAFF Collective Bargaining Unit Employees The District is committed to maintain a safe, healthy, and productive work environment for its employees; to provide professional services for its citizens; to maintain the integrity and security of its equipment and workplace; and to perform all these functions in a fashion consistent with the interests and concerns of the community. The District believes that there is potential for serious consequences to your employment security, and our business, due to drug and alcohol use and/or abuse by employees, which has been shown to increase safety risks and absenteeism while decreasing productivity and quality. Pursuant to the District's philosophy and goals, it is codifying a Drug -Free Workplace Program to ensure that we will have a drug-free workplace. This program is intended to satisfy the Drug -Free Workplace Program requirements set forth in 440.102, Florida Statutes, and Rule 59A, Florida Administrative Code. It is the policy of the District that unlawful possession, use, being under the influence, consumption, sale, purchase, distribution, dispensation, or manufacture by any employee of alcohol or any illegal drugs or illegally obtained drugs in the workplace, on District premises, or within its facilities, in the conduct of District -related work off District premises, or when operating District vehicles on or off duty is strictly prohibited and will be grounds for immediate termination. Nor will the District permit any employee to report to work or to perform his or her duties while taking prescription or non-prescription medication which adversely affects the person's ability to safely and effectively perform his or her job duties. Employees are required to notify supervisors of all such medication use. It is a condition of employment to abide by the terms of this policy. In furtherance of its Drug -Free Workplace Policy, the District will institute drug and alcohol testing procedures beginning October 1, 1998. Under this testing program, special -risk and safety -sensitive candidates for employment, as well as current employees under certain limited circumstances (i.e., for cause, fitness for duty and post -accident), will be subject to alcohol and drug testing. A complete copy of the District's Drug -Free Workplace Program will be provided to each employee and applicant in advance of the program's commencement date. It is the District's desire that individuals voluntarily address and resolve any drug and alcohol-related problems on a confidential basis. Should an employee realize that he or she has developed a dependence on drugs, alcohol, or any controlled substance, he or she is advised to seek rehabilitation voluntarily (without disciplinary penalty), prior to any management action. 75 T/A'd Agreement 10-6-22 222 In order to provide an effective means of helping employees deal with druglalcohol use and/or abuse, which may be interfering with their job performance, the District has an Employee Assistance -Program (EAP) provider, Health Advocate (EAP), which offers employees and their families substance abuse treatment and rehabilitation services. Information on these services is available from the District at 567-8000, extension 225 at the Director's Office, Fire Chief at 562-2028, or the EMS Chief at 567-3160. We would like to have the opportunity to answer any questions anyone might have prior to the effective date of the program. If you would like to discuss the policy (on a confidential basis), please contact the Fire Chief, or his or her designee, at any time. We do appreciate your work on behalf of the District and ask your assistance in keeping the workplace free of alcohol and drug-related problems. 76 Jason Brown, County Administrator T/A'd Agreement 10-6-22 223 Policy Statement To ensure a workplace free from the influence of illegal drugs and alcohol abuse, the following revised policy has been established. As in the past, the policy applies to all employees, supervisors, and managers. Any violation of the Policy will result in discipline, up to and including termination of employment. The District is committed to providing a safe work environment for employees, guests, community, and the public. The abuse of alcohol and drugs is a national problem which impairs the safety and health of employees, promotes crime, and harms the community. In order to maintain the highest standards of morale, productivity and safety in its operations, the District has previously implemented a drug and alcohol free workplace policy. With the cooperation and assistance of its employees, the District will continue its program designed to provide a safe workplace environment free from drugs and alcohol use and/or abuse. The District recognizes that alcohol and drug dependency require medical supervision and treatment if there is to be successful rehabilitation. The District's desire and intent is to encourage any employee with alcohol or drug dependency to enter, voluntarily, a drug or alcohol rehabilitation program. It is the responsibility of each employee to initiate and obtain assistance before any difficulties with drugs or alcohol affects his or her work. Accordingly: This policy satisfies the requirements of the Florida Drug -Free Workplace Program, as provided in Section 440. 101, et sec., Florida Statutes. This Drug -Free Workplace Policy and Work Rules require all employees to be free from the influence of drugs and alcohol while working or while in District property. The use, possession, sale, distribution, or manufacture of any drugs, and/or the unauthorized possession and/or use of alcohol, while working or while on District property, is prohibited. All special risk and safety sensitive job applicants will be tested for drugs prior to being employed. All employees will be subject to drug and alcohol testing upon reasonable suspicion, as defined herein, and as a follow-up to release from a rehabilitation program. All employees are encouraged to be aware of the effects of, and to advise their supervisor when taking, prescription medication which may affect their performance at work. 77 T/A'd Agreement 10-6-22 224 Rules on Drugs and Alcohol Employees of the District are hereby notified that it is a condition of employment for each employee to refrain from reporting to work or working with the presence of drugs or alcohol in his or her body. It is not the intent of the District to intrude into the private lives of its employees. However, the effect of drug and alcohol use, abuse, and/or dependency on safety, work quality, increased medical expenses, and lost productivity requires that this policy be implemented. The following rules apply under the District policy: 1.0 Pre -Employment Conditions 1.1 The following pre-employment conditions are established to determine the suitability of employees to work for the District. 1.2 All job applicants must submit to a drug test prior to starting employment in that position. Any job offer which a job applicant may receive from the District is contingent upon the applicant successfully completing the drug test. 1.3 Any job applicant who refuses to submit to drug testing as part of the pre- employment testing process will be refused employment. Any job applicant who tests positive for drugs will be refused employment at that time. Confidentiality will be maintained pursuant to this Policy. 1.4 The District will not discriminate against an applicant for employment because of the applicant's past addiction to drugs or alcohol. It is the current use/abuse of drugs or alcohol that will not be tolerated. 2.0 Conditions of Continuing Employment 2.1 Each employee will receive a copy of the Drug -Free Workplace Policy and must abide by the Policy. The rules contained in the Policy are to be considered conditions of continuing employment and are to be consistently followed. Any violation of these conditions of continuing employment will result in disciplinary action, up to and including termination of employment. 3.0 Prohibition of Possession, etc. 3.1 The unlawful manufacture, distribution, dispensation, possess, sale, or use of any drug or un prescribed, controlled substances and/or unauthorized possession or usage of alcohol by employees while working or when on any District property, including parking lots, are strictly prohibited. 4.0 Prohibition of Drug or Alcohol Use 78 T/A'd Agreement 10-6-22 225 4.1 All employees are prohibited from being at work or on District property, including parking lots, with the presence of any drug or its metabolite, as set forth herein, in the employee's body. Any employee who has a confirmed positive test of a drug or its metabolite at the levels defined herein will be presumed to be under the influence of a drug and in violation of District Policy. 4.2 All employees are prohibited from being at work or on District property, including parking lots, with the presence of alcohol, as set forth herein, in the employee's body. Any employee who has a confirmed positive test of alcohol at the levels defined herein will be presumed to be under the influence of alcohol and in violation of District Policy. 5.0 Requirements to Report Medication Use 5.1 The District does not prohibit the use of a drug (prescribed medication) which has a currently accepted medical use, provided: (a) The drug is prescribed or authorized for an employee by a licensed practitioner; and (b) The use of the drug at the prescribed or authorized level is consistent with the safe performance of the employee's duties; and (c) The drug is used at the dosage prescribed or authorized. 5.2 Employees are encouraged to notify their immediate supervisor when reporting for work or during the course of a work shift if the use of any prescription or non- prescription medication may adversely affect his or her ability to satisfactorily and safely perform his normal job duties (e.g., including but not limited to drowsiness). Employees in safety sensitive or special risk positions are required to provide their supervisor with such information. 6.0 Employee Drug and Alcohol Testing 6.1 Employees will be required to submit to drug and/or alcohol testing upon reasonable suspicion as defined in this Policy and after release from a drug or alcohol rehabilitation program unless the employee voluntarily entered the program. If follow up testing is required, it must be conducted at least once a year for a 2 -year period after completion of the program. Advance notice of a follow up testing date must not be given to the employee to be tested. 6.2 Confidentiality will be maintained at all times to the extent permitted by law. 7.0 Employee Drug or Alcohol -Related Criminal Charges or Arrests 7.1 Employees are required to notify the District of any criminal drug statute -related criminal charge of arrest no later than five (5) days after such charge has been filed. Employees in positions which require driving a District vehicle on District business must notify Personnel of any drug or alcohol-related arrest (e.g., including but not limited to Driving While Under the Influence) on the next workday. 79 T/A'd Agreement 10-6-22 226 7.2 The District will take appropriate action with respect to an employee who is so charged, which action may include transfer to a non safety sensitive or non special risk position in alcohol-related cases or discipline in cases related to illegal drugs. 7.3 Employees are required to notify the Emer-gene . SeFyiees DiFe to f Fire Chief, or his or her designee, of the outcome of all criminal drug statutes or alcohol-related criminal charges no later than five (5) days after any change in status of such charges. This includes notification of a conviction, a plea of guilty, an adjudication of guilty, a plea of nolo contendere, adjudication withheld, an acquittal, or a dismissal of the charges. 7.4 The District will take appropriate disciplinary action against such employee within thirty (30) days of receiving notice of the outcome or any change in the status of such criminal drug statutes or alcohol-related charges. 8.0 Rehabilitation Procedures 8.1 An employee who is experiencing problems as a result of drug and/or alcohol abuse should contact the gmer-,.oney Sewviees Thea of Fire Chief, or his or her designee, for referral for treatment and/or counseling. This discussion will be kept confidential. Supervisory personnel may be notified when treatment or rehabilitation will require absence from work. 9.0 Employee Education and Referral Program 9.1 It is the responsibility of each employee to seek assistance before drugs and alcohol use or abuse leads to disciplinary problems. Employees who may require assistance for substance dependency and related program are encouraged to seek assistance and information from the Fire Chief, or his or her designee. 9.2 Once a violation of this Policy occurs, subsequent use of a counseling or rehabilitation program on a voluntary basis will not affect the determination of appropriate disciplinary action. 9.3 An employee's decision to seek assistance or referral from the rester- Fire Chief, or his or her designee, prior to an incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. 9.4 The District has no interest in restricting social drinking outside of working hours and no intent to intrude upon private or personal lives of employees. The District is concerned only when the employee's health, job performance, and safety conditions are adversely affected. 9.5 Upon successful completion of a drug treatment program an employee may be released to resume work but will be subject to drug testing as provided for in Section 6. 1 80 T/A'd Agreement 10-6-22 227 9.6 An employee's participation in an alcohol or drug treatment program will not be made part of any personnel records and will remain confidential except to the extent necessary to comply with this Policy and to the extent permitted by law. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records. Treatment recommendation records and compliance records will be maintained by the EFAefgeney Serwiees Difeetef Fire Chief, or his or her designee. 10.0 Employee Education Information 10.1 The following crisis information centers will provide information regarding employee assistance programs (EAP) and local alcohol and drug rehabilitation programs available to employees: Health Advocate (EAP) 877-240-6863 www.Health Advocate.com/members Substance Abuse Council 1507 20'x' Street Vero Beach, FL 32960 770-4811 Center for Emotional and Behavioral Health at Indian River Memorial Hospital 1190 37th Street Vero Beach, FL 32960 563-4666 Community Oriented Police Enforcement (COPE) 4055 41st Avenue Vero Beach, FL 32960 569-6700 C.O.R.E. Program 1422 Old Dixie Highway Vero Beach, FL 32960 567-1282 Drugs Are Not the Answer (DANTA, Inc.) 4145 28th Avenue Gifford, FL 32967 770-4663 Family Center of Vero Beach 1845 14th Avenue Vero Beach, FL 32960 778-5523 Mental Health Association of Indian River and St. Lucie Counties 81 T/A'd Agreement 10-6-22 228 2525 St. Lucie Avenue Vero Beach, FL 32960 569-9788 Support Groups Alcoholics Anonymous (AA) 562-1114 Al -Anon 562-1114 Alateen 562-1114 Adult Children of Alcoholics 567-2253 Narcotics Anonymous 1-800-281-9889 Cocaine Anonymous 1-800-877-7675 National Hotline Numbers Alcohol and Drug Referral Hotline 1-800-252-6454 Child's Help, National Child Abuse Hotline 1-800-422-4453 National AIDS Hotline 1-800-342-2437 National Cocaine Hotline 1-800-262-2463 National Hepatitis Hotline 1-800-223-0179 National Runaway Switchboard and Suicide Hotline 1-800-621-4000 National Sexually Transmitted Diseases Hotline 1-800-227-8922 Suicide and Rape 24 -Hour Emergency Services 1-800-333-4444 National Assistance Groups Alcoholics Anonymous 1-800-344-2666 Food and Drug Administration 1-301-443-1240 Mothers Against Drunk Driving (MADD) 1-800-438-6233 Narcotics Anonymous 1-800-281-9889 National Association for Children of Alcoholics 1-714-499-3889 National Association of Anorexia Nervosa and Associated Disorders 1-312-831-3438 National Council of Child Abuse and Family Violence 1-800-222-2000 National Institute of Drug Abuse, Drug Information, Treatment 1-800-662-4357 Parents Anonymous National Office 1-800-421-0353 Tough Love 1-800-333-1069 10.3 Employees may obtain further information regarding available drug and alcohol assistance and rehabilitation programs by contacting the Efae -genet' SeF-view DiFeete- Fire Chief, or his or her designee. 11.0 Management's Responsibilities 11.1 District Officers, Managers, and Supervisors (hereafter collectively referred to as "supervisors") are responsible for implementing the drug and alcohol free workplace Policy. It is the responsibility of supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well-being of employees or the public. 82 T/A'd Agreement 10-6-22 229 11.2 The Emergency Services Director Fire Chief, or his or her designee, is responsible for maintaining a safe work environment by determining each employee's fitness for duty. 11.3 In the event the Fire Chief, or his or her designee, has a reasonable suspicion (as defined in this Policy) that an employee may be affected by drugs or alcohol or has otherwise violated this Policy, the employee must be sent for drug testing. This testing will not take place until reasonable suspicion is determined to be present by the Director, or his or her designee, and a corroborating witness. The Director, or the highest-ranking witness, shall promptly detail in writing the circumstances which formed the basis of the determination that reasonable suspicion exists to warrant the testing. A copy of this documentation shall be given to the employee prior to testing. 11.4 In all cases when an employee is being removed from duty for drug testing, the supervisor must notify his superior. 12.0 Employee's Responsibilities 12.1 It is each employee's responsibility to be fit for duty when reporting for work and to inform his or her supervisor if he or she is under the influence of prescription medication which may affect job performance or safety. 12.2 In the event an employee observes behavior which raises a doubt as to the ability of a co-worker to work in a safe and reliable manner, the employee should report this behavior to his/her supervisor. 12.3 Employees who voluntarily or, as a condition of continued employment, enter a drug or alcohol treatment and/or rehabilitation program must participate and complete recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment for the treatment and/or program to the extent not covered by medical insurance provided by the Employer. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline, up to and including termination of employment. 12.4 Reserved 13.0 Employee Education 13.1 Employees and supervisors will be required to participate in a drug-free awareness program on an annual basis. The program will inform employees about the following: (a) The legal, social, physical, and emotional consequences of the use, misuse, and/or abuse of drugs or alcohol; (b) The District's commitment to maintain a drug-free workplace; (c) Available drug counseling, rehabilitation, and employee assistance programs; (d) Assistance in identifying personal and emotional problems which may result in the misuse of alcohol or drugs; and 83 T/A'd Agreement 10-6-22 230 (e) The penalties which may be imposed by the District on employees for drug abuse violations occurring in the workplace. 14.0 Rights Under Collective Bargaining Agreements 14.1 Employees who are covered under any collective bargaining agreement between the District and any certified labor organization will have the right to file a grievance regarding discipline imposed by the District as a result of a violation of this Policy if said grievance is permitted to be filed pursuant to the collective bargaining agreement and have the right to appeal to the Public Employees Relations Commission or applicable court. 15.0 Testing Pursuant to the Drug -Free Workplace Policy 15.1 Types of Testing: In order to maintain a drug or alcohol -free work environment and in accordance with Florida's Drug -Free Workplace Program, Section 440.101, et seq., Florida Statutes, as amended, and applicable administrative regulations, the District will test for the presence of drugs and/or alcohol in the following circumstances: 15.2 Pre-employment: All job applicants who have been offered a position of employment in a safety -sensitive or special -risk positions must submit to a drug and/or alcohol test before beginning employment or work with the District. 15.3 Reasonable Suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined in this policy) will be required to submit to a drug and/or alcohol test. 15.4 Reserved 15.5 Follow up: All employees who have entered an employee assistance program (EAP) or rehabilitation program for drug and/or alcohol abuse must take drug and/or alcohol tests as identified in Section 9.5. This requirement may be waived in the sole discretion of the District when an employee voluntarily enters a drug treatment program before disciplinary action has been taken. 15.6 Post Accident or Injury: All employees who are involved in an accident or injury to an employee which requires medical treatment occurring while at work which was caused, or contributed to, by the employee, the employee must take a drug and/or alcohol test after administration of emergency medical treatment. If it cannot be determined who was driving the District vehicle at the time of the accident, then anyone who was in the vehicle during the applicable time period will be required to submit to testing. 15.7 Random Testing for Safety -Sensitive or Special -Risk Employees: Safety -sensitive and special -risk employees are subject to random testing such that the District will administer the same number of tests each fiscal year as there are members in the Collective Bargaining units or agreements. Random testing shall be conducted via an unbiased selection procedure, as agreed upon by the parties. 16.0 Consequences of Refusing a Drug Test 84 T/A'd Agreement 10-6-22 231 16.1 An employee who refuses to submit to a drug test will be subject to discipline, up to and including termination of employment. An employee who provides a diluted sample may, depending upon the circumstances, be deemed to have refused to submit to the drug test. 16.2 A job applicant who refuses to submit to a drug test will not be hired. 17.0 Actions Following Positive Confirmed Test: 17.1 An employee who tests positive on a confirmation test will be immediately suspended without pay, and subject to discipline, up to and including termination. If the problem is correctable, the Fire Chief, at his discretion, may allow the employee an opportunity for rehabilitation through a last -chance agreement. Any such last -chance agreement shall include a provision for random drug testing for two (2) years from the date of the agreement, and successful completion of any treatment program recommended by a healthcare professional. The employee shall be responsible, through his insurance or otherwise, for the cost of the random testing and treatment program. Under no circumstances shall an employee be allowed to return to work prior to receiving a negative test result. 17.2 Refusal of a last chance agreement: If an employee is offered an opportunity to enter into a last -chance agreement and refuses to do so, the employee will be immediately terminated. 17.3 Treatment program requirements: Employees who have been provided with an opportunity to enter into a treatment and/or rehabilitation program as part of a last -chance agreement must meet all requirements of that program including any required aftercare. Failure to follow or complete the treatment and/or rehabilitation program or a subsequent positive confirmed drug test will result in immediate termination of employment. 17.4 The employee or job applicant who receives a positive confirmed test result may contest or explain the result to the Medical Review Officer (MRO) within five (5) working days after receiving written notification of the test result. If an employee's or job applicant's explanation or challenge is unsatisfactory to the MRO, the MRO shall report a positive test result back to the employer. The drug test result may be contested pursuant to law or to rules adopted by the AHCA. 18.0 Reporting of Use of Medication: Employees and job applicants may confidentially report the use of prescription or non-prescription medication to the MRO through the gmeFgeney So-.,:ees Digester- Fire Chief, or his or her designee, both before and after having a drug test. 19.0 Notice of Common Medications: A list of the most common medications by brand name or common name, as applicable, as well as chemical name, which may alter or affect a drug test, is attached. Employees and job applicants should review this list prior to submitting to a drug test. 20.0 Medication Information: An employee or job applicant may consult with the Employer's MRO or the testing laboratory for technical information regarding prescription and non-prescription medication. 21.0 Drugs to be Tested 85 T/A'd Agreement 10-6-22 232 21.1 Drug testing may be required for any or all of the following drugs: 1. Alcohol, including distilled spirits, wine, beer, and intoxicating liquors; 2. Amphetamines; 3. Cannabinoids; 4. Cocaine; 5. Phencyclidine (PCP); 6. Hallucinogens, as approved by the Florida Administrative Code; 7. Methaqualone; 8. Opiates; 9. Barbiturates; 10. Benzodiazepines; 11. Synthetic narcotics (Methadone and Propoxyphene); 12. (intentionally left blank) 13. A metabolite of any of the substances listed herein. 21.2 Drug cut off levels -- Initial Drug Test: All levels equal to or exceeding the following shall be reported as positive: Alcohol 0.05 gl/dl% Amphetamines 1,000 ng/ml Cannabinoids 50 ng/ml Cocaine 300 ng/ml Phencyclidine 25 ng/ml Methaqualone 300 ng/ml Opiates 300 ng/ml Barbiturates 300 ng/ml Benzodiazepines 300 ng/ml Synthetic Narcotics 300 ng/ml Methadone 300 ng/ml Propoxyphene 300 ng/ml 21.3 Drug cut off levels -- Confirmation Drug Test: All levels equal to or exceeding the following shall be reported as positive: Alcohol 0.05 gl/dl%* Amphetamines 500 ng/ml Cannabinoids 15 ng/ml Cocaine 150 ng/ml Phencyclidine 25 ng/ml Methaqualone 150 ng/ml Opiates 300 ng/ml Barbiturates 150 ng/ml Benzodiazepines 150 ng/ml Synthetic Narcotics 150 ng/ml Methadone 150 ng/ml Propoxyphene 150 ng/ml 86 T/A'd Agreement 10-6-22 233 *Testing laboratories will report all quantitative alcohol test results above 0.05 % to the MRO who will be responsible for reporting results to the Employer. Percent by weight of alcohol in blood is based upon grams of alcohol per 100 milliliters of blood. 22.0 Reasonable Suspicion Drug Testing 22.1 Employees will be required to submit to drug and/or alcohol testing when the Emergeney Fire Chief, or his or her designee, has "reasonable suspicion" as defined in this Policy, to believe that an employee is using or has used drugs or alcohol in violation of this Policy. The supervisor will document the circumstances which formed his or her determination. A copy of this documentation will be given to the employee prior to testing. 23.0 Confidentiality and Records Maintenance 23.1 Confidentiality of records concerning drug testing pursuant to the Drug Free Workplace Policy will be maintained by the District in accordance with Florida law. All information, records, and drug test results in the possession of the District, laboratories, employee assistance programs (EAP), and drug and alcohol rehabilitation programs will be kept confidential. No such program's information or records will be released unless written consent, signed by an employee or job applicant, is provided or unless disclosure of such information or records is compelled by court order. The District may also disclose such information when relevant in any civil, disciplinary, or administrative hearing if required or compelled. The District will maintain records concerning drug testing separate and apart from a job applicant or employee's personnel file. 24.0 Challenge of Test Results of Drug Test Under Florida Law 24.1 An employee or job applicant who receives a positive confirmed test result may challenge the result by requesting retesting at the employee's expense. 25.0 Medical Review Officer's Responsibilities for Testing Under Florida Law 25.1 The Medical Review Officer (MRO) shall fully comply with all of the requirements set forth in Rule 59A-24.008 Florida Administrative Code, as it may from time to time be amended. The MRO shall be a licensed physician who has knowledge of substance abuse disorders, laboratory testing procedures, chain of custody collection procedures, and medical use of prescription drugs and pharmacology and toxicology of illicit drugs. 87 T/A'd Agreement 10-6-22 234 Indian River County Emergency Services District Over -the -Counter and Prescription Drugs Which Could Alter Or Affect the Outcome of a Drug Test Alcohol All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vick's NyQuil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof), and Listerine is 26.9% (54 proof). Amphetamines Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex Cannabinoids Marinol (Dronabinol, THC) Cocaine Cocaine HCL topical solution (Roxanne) Phencyclidine Not legal by prescription Metha ug alone Not legal by prescription Opiates Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M -S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, etc. Barbiturates Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butabital, Phrenilin, Triad, etc. Benzodiazepines Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax Methadone Dolophine, Methadose Propoxyphene Darvocet, Darvon N, Dolene, etc. 88 T/A'd Agreement 10-6-22 235 Indian River County Emergency Services District List of Drugs by Trade or Common Name Drugs Trade or Common Names Narcotics Opium Dover's Powder, Paregoric, Parepectolin Morphone Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin Compound with Codeine, Robitussin A -C Heroin Diacetylmorphone, Horse, Smack Hydromorphine Dilaudid Meperidine (Pethidine) Demerol, Mepergan Methadone Dolophine, Methadone, Methadose Other Narcotics LRAM, Leritine, Numorphan, Percodan, Tussionex, Fentanyl, Darvon, Talwin, Lomotil Depressants Chloral Hydrate Noctec, Somnos Barbiturates Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate Benzodiazepines Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril Methaqualone Quaalude Glutethimide Doriden Other Depressants Equanil, Miltown, Noludar, Pacidyl, Valmid Stimulants Cocaine Coke, Flake, Snow, Crack Amphetamines Biphetamine, Delcobese, Desoxyn, Dexedrine, Mediatric Phenmetrazine Preludin Methylphenidate Ritalin Other Stimulants Adipex, Bacarate, Cylert, Didrex, Ionamin, Plegine, Pre -Sate, Sanorex, Tenuate, Tepanil, Voranil Hallucinogens LSD Acid, Microdot Mescaline and Peyote Mesc, Buttons, Cactus Amphetamine Variants 2,5 -DMA, PMA, STP, MDA, MDMA, TMA, DOM, DOB Phencyclidine PDP, Angel Dust, Hog Phencyclidine Analogs PCE, PCP, TCP Other Hallucinogens Bufotenine, Ibogaine, DMT, DET, Psilocybin Cannabis Marijuana Pot, Acapulco Gold, Grass, Reefer, Sinsemilla, Thai Sticks Tetrahydrocannabinol THC Hashish Hash Hashish Oil Hash Oil 89 T/A'd Agreement 10-6-22 236 Definitions Alcohol means ethyl alcohol (ethanol) and includes a distilled spirit, wine, a malt beverage or an intoxicating liquor. For purposes of this policy, alcohol is considered to be a drug. Thus, any reference to drugs and/or drug testing includes alcohol and/or alcohol testing. 2. Drugs means alcohol, an amphetamine, a cannabinoid, cocaine, phencyclidine (PCP), a hallucinogen (as earlier identified in Section 21.1), methaqualone, an opiate, a barbiturate, a benzodiazepine, a synthetic narcotic, or a metabolite of any of the substances listed in this policy. An employer may test an individual for any or all of such drugs. Job Applicant means a person who has applied for a special -risk or safety -sensitive position with the Employer. 4. Employee means an individual who works for the Employer on a full-time or part-time basis and receives salary, wages, or compensation. Drug Test. a. "Drug test" means any chemical, biological, or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services (HHS) or licensed by the Agency for Health Care Administration (ARCA), for the purpose of determining the presence or absence of a drug or its metabolites. b. Drug testing may require the collection of blood, urine, breath, or saliva of an employee or j ob applicant. The Employer has the right to use more accurate, scientifically accepted methods which may be approved in the future by the FDA or AHCA as such technology becomes available in a cost-effective method. c. "Initial drug test" means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens, using an immunoassay procedure or an equivalent, or a more accurate scientifically accepted method approved by the FDA or AHCA as such more accurate technology becomes available in a cost-effective form. d. "Chain of custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing accountability at each stage in handling, testing, and storing specimens and reporting test results. e. "Confirmation test" means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. 6. Positive Confirmed Test or Confirmation Test means a second analytical procedure which confirms a positive result from an initial drug test in accordance with wit# the Florida Drug -Free Workplace. 7. Medical Review Officer (MRO) means a licensed physician who has knowledge of substance abuse disorders, laboratory testing procedures and chain of custody collection procedures, who is responsible for receiving and reviewing all positive confirmed test results, and who is responsible for contacting all individuals who tested positive in a confirmation test to inquire about possible medications which could have caused a positive result in accordance with Rule 59A-24.008, FAC. 90 T/A' d Agreement 10-6-22 237 8. Prescription or Non -Prescription Medication means a medication obtained pursuant to a prescription as defined by Section 893.02, FS, or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments or injuries. Reasonable Suspicion Drug Testing means drug testing based on a belief that an employee is using or has used drugs in violation of this policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. C. A report of drug use, provided by a reliable and credible source. d. Evidence that an individual has tampered with drug test during his employment with the current employer. e. Information that an employee has caused, or contributed to, an accident while at work. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment. 10. Safety -Sensitive Position means, with respect to a public employer, a position in which a drug impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to carry a firearm, perform life-threatening procedures, work with confidential information or documents pertaining to criminal investigations, or work with controlled substances; a position subject to s. 110.1127; or a position in which a momentary lapse in attention could result in injury or death to another person, such as driving a vehicle or operating equipment or heavy machinery. 11. Special -Risk Position means, with respect to a public employer, a position that is required to be filled by a person who is certified under Chapter 633 or Chapter 943. 12. Specimen means urine, blood or saliva, or a product of the human body capable of revealing the presence of drugs or their metabolites, as approved by the FDA or the AHCA. 13. Fire Chiefs designee means the Fire or EMS Chief is designated to act on behalf of the Eme-geney Se..,iees Di-eete- Fire Chief as relates to the Drug -Free Workplace Program, to the extent authorized by the Director. 91 T/A'd Agreement 10-6-22 238 E t "a N O� Q H § i ! | � | I | ! !|;|§ !!!!a )))�| _. _. |;;;§ a!!!! §§§§ |§;|! :!!!; P County Administrator's Matters November 1, 2022 Office of the INDIAN RIVER COUNTY ADMINISTRATOR A 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: October 24, 2022 SUBJECT: Transition Planning for New County Administrator Background & Discussion Following submission of my resignation from the position of County Administrator (attached), and in an effort to provide for transition planning, I remain committed to serving the County in this position until the close of business on December 31, 2022. For the Board's consideration, I am highlighting various options for filling the Administrator position ranging from filling the position internally, recruiting the position in-house with assistance from the Human Resources staff, to engaging an executive recruitment search firm to provide a broad candidate search. Each of these options has various costs and timeframes. Internal Posting by Human Resources If the Board desires to only consider an internal candidate or candidates, Human Resources could open an internal candidate only posting. This option would have a limited cost and would involve utilizing the County's job application tracking system to post the position and receive applications. Open Search Managed by Human Resources The Board could choose to do an open search managed by the Human Resources Department. This process would allow for both internal and external candidates. Various recruitment and advertising venues could be utilized here. The cost for this search would be limited to staff time and any applicable 241 County Administrator's Matters November 1, 2022 advertising costs. Applications would be screened by Human Resources for minimum qualification and referred to the Board for consideration. Open Search with Assistance from Florida Association of County Managers The Florida Association of County Managers (FACM) provides a recruitment service for counties seeking a new County Administrator. The position would be posted and advertised by County Human Resources staff, based on FACM's recommendations. FACM will then convene a panel of volunteer County Administrators to vet the applicant pool and provide a recommended short list to the Board. The cost of this service would be $7,500, plus advertising expenses. Open Search Utilizing Executive Recruitment Firm The Board could choose to utilize the services of an executive recruitment firm to assist in this process. The estimated cost of an executive recruitment firm range from about $25,000 to $35,000, which generally includes most expenses such as advertising. The executive recruitment firms manage the entire process, assisting in identifying an organization's requirements, reaching out to potential candidates, utilizing established nationwide networks to communicate the opportunity, screening applications, conducting initial assessments, identifying top candidates, and providing guidance through the interview and selection process. Other Considerations In any of the options outlined above, it would also be important for the Board to determine the traits and characteristics that would be sought for the next County Administrator as the process moves forward. A discussion of the opportunities and challenges facing the County would be helpful, as would a general range of compensation that the Board would provide for this position going forward. Staff Recommendation Staff recommends that the Board have a discussion regarding how best to fill the position of County Administrator and provide direction to staff. M, PA Jason E. Brown County Administrator 180127 1h Street Vero Beach, FL 32960 October 20, 2022 Chairman Peter D. O'Bryan Vice -Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss Dear Honorable Commissioners: In 2016, 1 received the opportunity of a lifetime to serve as the County Administrator for Indian River County. I was and remain humbled by the responsibility to work each day to manage the organization following the leadership of the Board in an effort to provide the best possible services to Indian River County residents. Over the last six plus years working as a team, we have made significant accomplishments in many areas including: • Construction of state of the art projects to treat stormwater in the County to help improve water quality in the Indian River Lagoon, such Osprey Acres, which serves as a recreational amenity and upland habitat preserve as well. • Acquisition and renovation of the first permanent North County Offices located on U.S. 1 in Sebastian. This facility houses services for the Tax Collector, Clerk of Court, Property Appraiser, Veteran's Services and Utilities providing more convenient access to our rapidly growing North County areas. • Development and continued improvement of a Critical Incident Stress Management policy and services to support our first responders in Fire Rescue. • Agreement with MLB to operate the Jackie Robinson Training Complex (formerly Historic Dodgertown) as a year-round hub of amateur development initiatives for MLB as well as numerous baseball, softball and other sport tournaments attracting visitors from across the country. • Construction of several projects outlined in the Gifford Neighborhood Plan to improve this vital part of our County. • Continued development of access improvements and innovative projects for the County's conservation lands. • Secured agreement for $31 million in railroad crossing'safety improvement to help ensure that Brightline crossings in the County are as safe as possible. • Construction of Septic to Sewer projects including North Sebastian Phase 1, West Wabasso Phase 2 and Roseland, reducing harmful nutrient loading in the Indian River Lagoon. 243 While this experience has been tremendously rewarding, at this time I wish to return to my roots in governmental finance and accounting. This will allow me to utilize my strongest skillset and abilities to continue to serve the public. I treasure the relationships that I have with you and so many other members of our community. Over the last twenty-five (25) years I have been blessed to have the chance work with some amazing coworkers and community partners to serve the public and impact the quality of life in the place where I was born and raised. I hereby resign as County Administrator. In order to provide time for transition planning, I will continue to serve in this role through December 31, 2022. I would like to thank the Board for all of your guidance, advice and support throughout the years. It has truly been an honor to learn from and serve with you. Sincerely, laso E. rown 244 DEPARTMENTAL MATTERS INDIAN RIVER COUNTY MEMORANDUM To: Jason Brown County Administrator From: Suzanne Boyll Human Resources Director Date: October 25, 2022 Subject: Final Ranking of Firms and Authorization to Negotiate for Employee Health Clinic/Wellness Center (RFP 2022053) BACKGROUND On May 11, 2021, the Indian River County Board of County Commissioners approved engaging Lockton Companies to perform consulting services related to pursuing an employer sponsored employee health clinic/wellness center. The following guiding principles were identified as important to consider during this project: o Clinic as added benefit to attract and retain employees o Care available at no or low-cost to offset member impact of premiums increase and plan design o Care needs to be convenient and easily accessible o Clinic should be financially sound, producing plan savings over time Lockton proceeded with a Claims Population Health Review and Clinic Feasibility Assessment. The results were reviewed with the Board on January 18, 2022 and the Board authorized staff to proceed with an RFP process. REVIEW AND RANKINGS: Purchasing solicited proposals and responses were received from six (6) vendors. Each vendor provided comprehensive responses to the RFP to include cost estimated based on their proposed clinic model with varying levels of staffing. A selection committee comprised of Suzanne Boyll, Human Resources Director, David Rattray, Fire Chief, Duke Hawkins, Assistant Utility Operations Manager, Rich Szpyrka, Public Works Director, Betsy Stenger, Library Director, Cynthia Stanton, Risk Manager, Kristin Daniels, Budget Director, and Denise Sleeman, Public Works Administrative Coordinator, independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. The committee met to develop an overall initial ranking of firms. After each committee member read their rankings into the record, a representative of the County's Benefits Consultant, Lockton, provided a technical overview of the proposals. After additional discussions by the committee, one 245 committee member changed their initial ranking of firms, which only impacted the fourth and fifth place rankings. The top two firms were Everside Health and Care ATC. Each demonstrated substantial experience operating employer sponsored clinics. The initial ranking as well as the cost per clinic hour based on the initial proposals is identified below. Proposing Provider Cost Per Clinic Hour on oin ) Everside Health $595 CareATC $384 TCMAI $650 Concentra $238 One to One Health $412 Employee Wellness $796 The committee invited the top two firms to participate in onsite interviews and explain their model and approach to operating a clinic. After the interviews, the committee members individually ranked the presenting firms, and developed a post -interview ranking of firms. Additional details were determined to be necessary to declare the ranking final. Clarification questions were asked of the top ranked proposer regarding their proposed staffing model, in order to equitably compare the two top proposals. The committee requested information based on the following staffing model: • Clinic Staff: Nurse Practitioner and 2 Medical Assistants • Operating Hours: 40 hours per week • Eligibility: All enrolled employees, retirees, spouses, and dependents 2 years and older • Location: Existing 2nd generation medical facility to be determined Proposing Provider 1 NP & 2 MA Model Everside Health $347 CareATC $339 After responses were provided, the committee reconvened to develop a final ranking of firms based on the clarification. No change in final ranking was made based on the clarification. The committee is satisfied with the ranking and is recommending the Board approve it, as shown below: Proposing Provider Everside Health CareATC TCMAI Concentra One to One Health Employee Wellness 246 3 EMPLOYEE CLINIC NEXT STEPS: During the proposal review process, the committee members expressed support of the employer health clinic/wellness center and agreed that either Everside or CareATC is well qualified to oversee and manage the project. Staff recommends the BOCC proceed with awarding the RFP to Everside and authorize Lockton Companies to proceed with contract negotiations to implement an Employee Health Clinic with the following staffing: • Clinic Staff: 1 Nurse Practitioner and 2 Medical Assistants • Operating Hours: 40 hours per week; actual operating hours to be determined based on organizational need • Eligibility: All enrolled employees, retirees, spouses, and dependents 2 years and older (Approximately 3,200 lives) • Location: 2nd generation medical office space with exact location to be determined based on available facilities within the service area. Possibility of integrating into County facility at a future date. The initial services to be offered in the clinic would include: • Acute or personal care: ear, nose and throat conditions, respiratory infections, gastrointestinal disorders, sprains and strains, urinary problems, rashes and lesions • Preventive care: biometric screening, preventive screening and counseling, physical exams, wellness exams • Chronic care advice: cardiac, cancer, diabetes, depression, musculoskeletal • Lifestyle and disease management: health education and promotion, chronic condition coaching • Ancillary services: immunizations, vaccinations, lab draw and handling, pharmaceutical dispensing, occupational health, onsite employee assistance programs (EAP), mental and behavioral health services • Coordination with other County offered programs: Kannact, SurgeryPlus, Cana Rx COST ESTIMATES: Facility and Future Growth - The County will have the ability to amend services as determined to be appropriate to support the needs of the workface and in a manner that supports ongoing health and wellness initiatives. The build out of the initial employee clinic would include sufficient space to accommodate future growth (approximately 2,200 square feet). The cost of the build out is estimated to be $210,000 to $420,000. We are anticipating approximately 247 4 $350,000 in costs. The estimated lease cost is $16-$19 per square foot; $2,933 to $3,483 per month. This would be a pass through cost and we are estimating $39,600 annually. Lockton Companies prepared a pricing overview based on the 1 Nurse Practitioner and 2 Medical Assistants staffing model. tart -U Fee One -Time 71 Staffi Klinic O rations $432,0 2 Professional Liability, Continuing Education for staff, licenses & UP S24,59'n echnolo Cost 10821 $75 dministrative Cos. n Management Fee S85 Additional Pass -Through Costs estimates labs 14,90' clinic office su lies 14 1staff A23 travel n Rx Restocking otal Yr t (includesv8riaDle/pau_tNm9h estimates and stat up fes) $792,95( $812,71 ngoing Cost: (includes variable/pass through fees excludes start-up tees) $705,76 $722,71 3% annual increase 3 5% annual increase 70% fees at risk 70% fees of risk NOTE: Fees do not include the build out of the onsite clinic. Build out fees have been estimated at 5210,000 - $420,000. VALUE AND POTENTIAL SAVINGS: Identified Divertible Visits Employees/Retirees Totals $962.5K $7,946,862 $962,591 9,400 Total Paid Ammint Divertible Fad Ammmt Dvertible Vivts Memtsera n- lc visits DNERTIBLE VISITS BY DAY LOS' 1.9s1' Lel: L378 l8 177 waft waft Tiny tta* My Tfree I truer s mfy 248 5 Low Diversion Scenario Approximately $202K (20-30%) • Chronic Condition Management • Immunizations & Labs • Office Visits — Medical Care • Office Visits - Preventive Care 100% SELEC- VISr DIVERSIONS 54.179 11 100% U.— M,s k kelRa1 P—d— 57.609 56 Uleny 531528 299 00% D 0 5355 LWoMcd( $211 45 00% 0 $D O y Ch—, Cord— U -9--m 513,743 123 2C 01A 25 SZ740 O 0.0% 0emawloy7 193.990 282 10.0% 20 59.rA 0 598 FN7 S—i— SSAOH 37 100% 4 55151 0 $59.90: Lrvmawat.. 5986 9 5a0% 5 5250 0 k9--tble D",9. SWAM 30 00% O - to 0 ubmmry 5u.969 495 3D0% 131 UAn 0 MarorNy 52.989 15 0016 0 $0 0 • Chronic Condition Management • Immunizations & Labs • Office Visits — Medical Care • Office Visits - Preventive Care 100% Me4iCa 04oipaf aro S.ppl 54.179 11 100% U.— M,s k kelRa1 P—d— 57.609 56 00% Mita' wq q $23.105 94 00% Me R- &-Amaral Health 5355 6 9001A Ogee V64 - wdral Care $515A29 5,076 313.0%. 00% OOea Viet - PSrem- Caro _ _ M271 SHS 20.0% OphttW-A-qYX* 2.rb7 $23,511 325 0.0% 00—P5aa i— 537,351 3& 00% Py— Th-", ROQU wd OaWai. 5131547 598 O* Nil—% $8746 27 6aL JLg7 $59.90: -. . 2,208 T.W .• ,.,_. .._ . - 5962,591 9.4W • Chronic Condition Management • Immunizations & Labs • Office Visits — Medical Care • Office Visits - Preventive Care 100% 1 HL 0 100% 6 5761 0 00% 0 SD 0 00% 0 to O 9001A 1,763 $151149 _ 0 313.0%. 00% 776 0 57H.ai 5D 0 0 20.0% 73 57.471 _0 0.0% 0 5o 0 00% 0 50 O O* 0 so ► �.;_.. _. _ ,..0 IIIII11��..„,. SI01,915 2,208 $202,915 The analysis performed by Lockton indicates that savings from diverting care to the clinic would be approximately $202,915 using a low diversion scenario of 20-30% of the total identified divertible visits employees/retirees totals of $962.5K. Increased utilization would result in an increase in diverted savings. It is anticipated that additional savings would be realized overtime as chronic conditions are better managed through the wellness relationship established between the clinic the individual (employee/spouse/dependents). The employee clinic visits would provide more time with the provider than is typically provided in the health care marketplace allowing for health coaching and wellness support. The clinic would also support our employees who may not have an established primary care relationship, providing easy access to schedule health and wellness appointments that are convenient. Employee access to the clinic and availability to schedule same day or next day appointments would also result in savings as a result of a reduction in lost time and early care for acute conditions. The addition of the employee health and wellness clinic would also be an excellent enhancement to the County's benefit program and would support recruitment and retention of employees. 249 A FUNDING: The expense for an employer health clinic/wellness center would be paid out of the Health Insurance Fund/Other Professional Services/Employee Health Clinic account, number 50224613-033190-23005. First year costs are estimated to be $812,717 plus build out fees of approximately $350,000 and pass through leasing costs of approximately $39,600, for a total of $1,202,317, and would need to be allocated on a future budget amendment utilizing Health Insurance Fund/Cash Forward -Oct 1st. RECOMMENDATION: Staff respectfully requests the Board approve the committee final rankings; approve the staff recommendation for the staffing model, hours and eligibility; authorize the County Administrator to sign the Non -Disclosure Agreement after approval by the County Attorney for legal sufficiency; and authorize Lockton Companies to proceed with negotiating an agreement with Everside which will be presented to the Board for approval after Lockton's consultation with the County Administrator and review by the County Attorney for legal sufficiency. 250 1aal INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director FROM: Kirstin Leiendecker, P.E., Roadway Production Manager SUBJECT: 66th Avenue Phase IB — (IRC -1505B) Acceptance of Relocating FPL Transmission Structures Estimate DATE: October 24, 2022 DESCRIPTION AND CONDITIONS Indian River County applied for and received a Transportation Regional Incentive Program (TRIP) Grant from the Florida Department of Transportation (FDOT) in the amount of $7,000,000.00 for the widening of 66th Avenue from a two-lane to a four -lane divided highway from 69th Street to CR-510/85th Street. The project includes widening and reconstruction of the existing roadway to a 4 -lane divided roadway section, curb and gutter including a raised median, 5' bike lanes, an 8' wide concrete sidewalk, stormwater drainage improvement, pavement markings, traffic signals and landscape and irrigation improvements. The design has been completed and it is expected that the project will be advertised for construction before the end of this year. As part of the project, Florida Power & Light Company's (FPL) transmission line "Barefoot — West 138kL, Structures 25E14 to 26E2" will need to be relocated to the west along 66th Avenue between 77th Street and the FPL Transmission Station at 81st Street to avoid conflict with the new roadway. FPL has provided a non-binding Preliminary Estimate of $1,975,800.00 to accommodate the relocation required for the project. FPL requested a deposit of $173,790.00 that was paid on July 11, 2022. FPL has requested the Acknowledgement letter be signed and returned requesting FPL prepare the Detailed Estimate for the relocation design. The deposit and acknowledgement of the Preliminary Estimate will allow FPL to finalize the design for the transmission pole relocation, order materials and schedule construction, which will need to be part of the construction of the County's 66th Widening project. FUNDING Funding in the amount of $1,802,010.00 will be funded through Traffic Impact Fees/District I, Account No. 10215141-066510-16009. RECOMMENDATION C:\G ra n i c u s\Legista r5\L5\Temp\bf386a 9d -6a cc -4b47-9 Gf6-57ec88 bofb 325t Page 2 66th Avenue Phase IB — (IRC -1505) Acceptance of Relocating FPL Transmission Structures Estimate November 1, 2022 Meeting Staff recommends the Board of County Commissioners approve the acknowledgement of the Preliminary Estimate of $1,975,800.00 to FPL that will allow FPL to finalize the design and ability to order material to meet the county's construction schedule of 66th Avenue Widening Phase B from 69th Street to SR-510/85ih Street and have the Chairman execute the same. ATTACHMENT FPL letter dated June 24, 2022 "Proposed Relocation of Transmission Facilities, Transmission Line: Barefoot — West 138kV Line, Structures 25E14 — 26E3" AGENDA ITEM FOR NOVEMBER 1, 2022 C:\Grmicus\Legistar5\L5\Temp\bf386a9d-6acc-4b47-90(6-57ec88b0tbYk 0 PPL. June 24, 2022 Kirstin Leiendecker Roadway Production Manager Indian River County 1801 27th Street, Bldg A Vero Beach, FL, 32960 RE: Proposed Relocation of Transmission Facilities Transmission Line: Barefoot— West 138kV Line, Structures 25E14 — 26E3 Dear Ms. Leiendecker, We have evaluated your request to relocate the referenced FPL transmission structure(s). The non- binding Preliminary Estimate to accommodate this potential overhead relocation is [$1,975,800]. The scope of the work to accomplish this relocation is to shift the alignment of the existing transmission line to the west to accommodate the new 66th Ave roadway expansion. This shift will require all new transmission line construction startingalong77th Street and continuingup 66th Ave to avoid any conflicts with the new roadway. This estimate is not an offer from FPL to perform the requested work and should not be construed or used as such for detailed planning purposes. It is provided only to assist your decision-making, and will remain valid for 90 days from the date of this letter. This non-binding Preliminary Estimate is based on our previous experience with similar relocations. However, due to the complex nature and variables associated with this type of work, the Preliminary Estimate may not accurately represent the actual costs the applicant would be obligated to pay FPL to relocate these facilities. By way of example, this Preliminary Estimate does not include the costto relocate any distribution facilities, facilities belongingto another utility or potential third -party costs associated with the relocation, such as survey work; acquisition and recording of easements; clearing easements of trees and obstructions which are calculated on a case by case basis as part of the overall cost of the relocation. Additionally, this Preliminary Estimate is based upon favorable field conditions, which include your cooperation and the cooperation of any impacted third parties to eliminate conflicts. If you decide to request detailed estimate on the above `ballpark' estimate, the deposit amount required is $173,790 enabling us to commence the detailed design and estimating process. If, based on this non-binding Preliminary Estimate, you would like to obtain a more comprehensive and detailed estimate ("Detailed Estimate") of the potential costs we will require that you execute the acknowledgement below and return an executed copy of this letter either as a PDF by e-mail to my attention at Beau.Bentleyna,FPL.com or at: Florida Power & Light Company, Transmission Projects Department, 700 Universe Blvd., TS4/JW Juno Beach, Florida 33408. We will provide you an invoice for the required deposit amount with payment instructions (payable either by check or by wire transfer). Payment should not be sent to the address listed above, instead payment must be sent to the address listed in the invoice I will provide you upon receipt of the executed Florida Power& Light Company 700 Universe Boulevard, TS4/JW, Juno Beach, FL 33408 253 Preliminary Estimate acknowledgement. FPL will not begin work on the Detailed Estimate until both executed acknowledgement and the non-refundable deposit are received. The non-refundable Deposit Amount is required due to the complexity and time required to create a Detailed Estimate for such a project, and will be applied towards the estimated amount owed to FPL for the project, should you decide to proceed with the work, and enter into a Relocation Agreement for that work with FPL, within 90 days of the date the detailed estimate is provided. After 90 days the Detailed Estimate will no longer be valid and would be subject to change in the event of a work scope change. Payment in full and execution of a Relocation Agreement will be required prior to commencement of construction. Time of construction can vary depending upon easement execution, permitting resource availability, material delivery and line clearances. Such projects are scheduled after full payment is made and a Relocation Agreement is executed. Please feel free to contactme on (803) 835-5982, should youhave any questions orneed additional information. Sincerely, 594u S¢lt� Beau Bentley Transmission Relocation Coordinator ACKNOWLEDGEMENT On this day of , 20_____, we acknowledge and agree to the conditions set forth above, and by our inclusion of a check for the non- refundable Deposit Amount request that FPL prepare a Detailed Estimate for the above referenced Scope of Work. Title: 254 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Florida Department of Transportation (FDOT) Maintenance Memorandum of Agreement (MMOA) for Oslo Road and I-95 Interchange Construction Financial Project No. 413048-2 DATE: October 24, 2022 DESCRIPTION AND CONDITIONS The Florida Department of Transportation is in the final stages of design for the Oslo Road and I-95 Interchange project and is preparing to move the project forward for construction in 2023. Florida Department of Transportation (FDOT) requires that the local agency governing board approve a resolution accepting the attached Maintenance Memorandum of Agreement (MMOA) outlining conditions for the acceptance and maintenance of the project after construction is complete. The attached MMOA is for the Florida Department of Transportation interchange project at Oslo Road and I- 95, which includes off -system improvements for the relocation of 821 Avenue, cul-de-sac construction on 86' Avenue SW, construction of a paved roadway for 13' Street SW between 86' and 90' Avenues, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements. Once the project has been constructed by FDOT and the final acceptance process has been completed, the County will then be responsible for the maintenance of all "off system" improvements associated with the project. The County will not be responsible for maintaining the limited access right-of-way existing or acquired, of I-95. The County will be responsible to improve 90' Avenue from the newly construction 13th Street SW to Oslo Road and from 90' Avenue east to the termination of the interchange project. On September 13, 2022 the Board Approved Work Order #54 with Kimley-Horn to begin design of the roadway segment. FUNDING Once the project is complete and accepted by Indian River County, the maintenance expenses of the "off - system" roadways will be included in the Public Works Road and Bridge budget. RECOMMENDATIONS Staff recommends the Board of County Commissioners approve the Authorizing Resolution for acceptance of the MMOA and authorize the Chairman to execute the same. ATTACHMENTS Authorizing Resolution Maintenance Memorandum of Agreement APPROVED AGENDA ITEM FOR November 1, 2022 255 RESOLUTION NO. 2022 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT FM NUMBER 413048-2 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF OSLO ROAD, 13" STREET SW, AND RELOCATED 82ND AVENUE, UPON FINAL ACCEPTANCE BY THE COUNTY OF THE IMPROVEMENTS CONSTRUCTED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION WHEREAS, the construction of the Oslo Road/Interstate 95 Interchange (Project) is an Indian River County priority project; and WHEREAS, pursuant to that certain Right of Way Memorandum of Agreement (ROW MOA) dated February 7, 2020, between the Florida Department of Transportation (FDOT) and Indian River County (County) wherein the FDOT agreed to acquire right of way necessary for the Project on behalf of the County; and WHEREAS, FDOT has agreed to make certain improvements for an Oslo Road interchange with 1-95 between 82nd and 90th Avenues, including, but not limited a new bridge over 1-95, an interchange with 1-95, two travel lanes in each direction, 7 -foot bike lanes, sidewalks, signalization and drainage improvements; 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 District Four Highway Maintenance Memorandum of Agreement FM Number 431521-1 for the County to maintain Oslo Road, 13th Street SW, relocated 82nd Avenue following FDOT final acceptance of the Project; and WHEREAS, the County agrees to construct Oslo Road from 90th Avenue to the Project's western limits and also construct 90th Avenue between 13th Street SW and Oslo Road as paved roads in accordance with approved plans; and 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, District Four Highway Maintenance Memorandum of Agreement FM Number 431521-2 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 who moved its and, upon being put to a Page 1 1 256 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 By 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 Peter D. O'Bryan, Chairman Page 12 257 SECTION No.: 88061006, FM No.: 13048-2 AGENCY: Indian River Count C.R. No.: 606 DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, entered into this day of , 20J by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and (Indian River Count% a political subdivision of the State of Florida, hereinafter called the AGENCY collectively referred to as Parties. WITNESSETH: WHEREAS, the AGENCY, as part of the County Roadway System has jurisdiction over:) Oslo Road from 90th Ave to 82nd Ave; 86th Ave from Oslo Road to 13th Street SW 5th Street SW from 82nd Ave to 74th Ave; 82nd Ave from 1st Street SW to Oslo Road;l and WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes and Federal funding provisions the DEPARTMENT is authorized to undertake projects within the AGENCY's geographical limits and the AGENCY agrees to have this improvement constructed; and WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement with the AGENCY to maintain the project; and WHEREAS, pursuant to such authority, the DEPARTMENT and the AGENCY agrees to have the DEPARTMENT construct certain improvements more particularly described as Financial Project ID (413048-2� which involves Iconstructing a new interstate interchange, widening Oslo Road, realigning 82"d Ave to accommodate the new interchange, and constructing 13th Street S\4- hereinafter referred to as the "Project", as more particularly described in Exhibit A; and WHEREAS, this project is eligible for use of ARPA state funds; and (WHEREAS, pursuant to that certain Right of Way MOA between the AGENCY and the DEPARTMENT dated February 7, 2020, and all subsequent amendments thereto, the DEPARTMENT will acquire Right of Way for the project on behalf of AGENCY; and WHEREAS, upon acquisition of the necessary right-of-way, the DEPARTMENT will proceed to construct the Project; and WHEREAS, the Parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and -1- 258 WHEREAS, the AGENCY by (Resolution Ion the day of , 20_, a copy of which is attached hereto as Exhibit B and by this reference made a pan: hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the Parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the Project. The AGENCY is responsible for additional Project costs determined to be Federal Aid Non - Participating. The AGENCY shall allow the DEPARTMENT and its contractors to enter onto the existing AGENCY property. No further permit or agreement from the Agency shall be required to construct this Project. 3. The Agency will construct paved surfaces on 90th Avenue from 13th Street SW to Oslo Road, and Oslo Road from 90th Avenue to the western project limits. 4. The AGENCY shall continue to maintain the existing roadway and any property owned by AGENCY until the DEPARTMENT begins construction of the Project. The DEPARTMENT shall be responsible for mowing and litter removal during the duration of the Project. 5. Upon "final acceptance" by the DEPARTMENT of the Project, (as "final acceptance" is described in the Standard Specifications for Roadway and Bridge Construction dated 2019, as amended), and Notice thereof to the AGENCY, the AGENCY shall maintain the Project, at its own cost, in accordance with the following Federally and State accepted standards: (a) FDOT Design Manual (FDM), current edition (b) Florida Green Book dated 2016, as amended (c) Governing standards and specifications: FDOT Design Standards dated FY 2019-20, as amended (d) Standard Specifications for Roadway and Bridge Construction dated 2019, as amended by contract documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as amended. Maintenance of said Project includes maintaining (roadway, sidewalk, signing and pavement marking, and drainage systems that are outside of the Limited Access ROW I. a. The AGENCY grants to the DEPARTMENT all rights necessary to enter and construct the Project. b. The Department shall give the AGENCY seven (7) days' notice before final inspection. The AGENCY will have the opportunity to inspect and identify corrections to the PROJECT within seven (7) days' notice and the DEPARTMENT agrees to undertake those corrections prior to final acceptance so long as the corrections comply with the Final Proposed Construction plans and specification previously approved by both the DEPARTMENT and the AGENCY. -2- 259 c. If the project requires one or more permits that are revocable by the permitting entity and the permitting entity's needs require the removal of the project facility or any portion of it, either: L The facility would be reconstructed or relocated in such a way as to continue serving the same need (e.g., roadway and sidewalk connectivity) at the Agency's expense and a funding source would be made available; or ii. Federal funds would be repaid, again at the Agency's expense. The useful life of the facility would be determined and a schedule for repayment developed (i.e., the amount of repayment necessary for each year of the remaining useful life of the facility at the time of its removal). 6. Warranties: The DEPARTMENT shall transfer any applicable warranties to the AGENCY. 7. Environmental permitting: If requested by the DEPARTMENT, the AGENCY shall sign as a joint applicant and be responsible for the permits related to the Project. Further the AGENCY shall be solely responsible for ensuring that the Project remains in compliance with all permits after the construction is complete and the right of way is transferred to the AGENCY. To the extent permitted by law, the AGENCY shall indemnify the DEPARTMENT for any violations by the AGENCY of any permits issued to the Department or jointly to the AGENCY and the DEPARTMENT after construction is complete. The AGENCY shall execute all documentation required by the permitting agencies in a timely manner to accept transfer of the Project. The AGENCY shall be the applicant for all occupancy permits that are required for the Project. 8. Utilities: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to accomplish utility relocations for this Project. This shall include, but not be limited to, entering into utility subordination agreements with the affected utility owners, thereby assuming liability for future utility relocations within the AGENCY right of way and proposed right of way. At its own expense, the AGENCY shall comply with any and all request of the DEPARTMENT to provide written notice to utility owner to initiate work necessary to alleviate interference; to remove or relocate non-compliant utilities; and to place liens upon non-compliant utility owners within the AGENCY right of way, as defined in Florida Statues 337.403 and 337.404. The AGENCY shall be liable and reimburse the DEPARTMENT for any cost incurred by the DEPARTMENT for the AGENCY's failure to timely comply with said request. a. AGENCY'S Utilities: The AGENCY shall relocate and adjust its own utilities including connection with utility customers. The Parties will enter into an agreement to relocate and adjust utilities. The DEPARTMENT will pay for this work as part of the project cost. The PARTIES will enter into a separate agreement to extend utilities west of 82nd Avenue. The COUNTY will pay for this work. 9.Signals: The AGENCY shall cooperate with the DEPARTMENT to effect signal and interconnect connections for the Project. -3- 260 10. lDrainagel: Drainage system and storm water management ponds shall be maintained per permit.) 11. Unforeseen issues: If unforeseen issues shall arise, the AGENCY shall cooperate with the DEPARTMENT to the extent necessary to construct the Project. This shall include but not be limited to the execution of documents; allowing the Department and/or their contractors/consultants to enter upon the real property owned, leased, possessed and/or controlled by the Agency upon which the Project is to be constructed or any property adjacent thereto. 12. E -Verify requirements: The AGENCY: • shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of the contract; and • shall expressly require any contractors 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 contractor during the contract term. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings as represented in the (Final Proposed Construction plans). Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 14. The DEPARTMENT will provide the AGENCY with as-builts as a part of the final acceptance package. l 15. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 16. LIST OF EXHIBITS • Exhibit A: Project Scope • Exhibit B: AGENCY's Resolution • Exhibit C: Executed ROW MOA [This space intentionally left blank.] -4- 261 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. FOR DEPARTMENT: FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT FOUR By: Administrative Assistant: Steven C. Braun, P.E. Director of Transportation Development Print Name: Legal Approval: ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller IA Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal Deputy County Attorney District Four Attorney FOR AGENCY: BOARD OF COUNTY COMMISIONSERS INDIAN RIVER COUNTY, FLORIDA A Peter D. O'Bryan Chairman This Memorandum of Agreement has been duly authorized and approved o Indian River County Resolution No. -5- by 262 SECTION No.: 88061000 FM No.: 13048-T AGENCY: Indian River County C.R. No.: 606 EXHIBIT A PROJECT SCOPE All of the improvements are to be completed by DEPARTMENT within the AGENCY's existing land proposed fright -of -way. Oslo Road — Two travel lanes in each direction. Relocated 82nd Ave — 2 travel lanes, with curb and gutter and sidewalks, closed drainage system. Old 82nd Ave —turn around cul-de-sac. 86th Ave—turn around cul-de-sac. 13th Street SW — 2 travel lanes between 86th Ave and 90th Ave, open drainage system. Permits will be acquired for the project as a whole. Post construction, permit requirements for the County roadway portion will become the responsibility of the County. 263 EXHIBIT B AGENCY's Resolution SECTION No.: 88061000 FM No.: 413048-2 AGENCY: Indian River County C. R. No.: 606 264 SECTION No.: 88061000 FM No.: 13048-2 AGENCY: Indian River County C.R. No.: 606 EXHIBIT C Executed Right of Way Memorandum of Agreement 265 RIGHT OF WAY ACQUISITION MEMORANDUM OF AGREEMENT This is a Memorandum of Agreement ("MOA") made and entered into this `/ -,--' day of 20-1 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida ("DEPARTMENT') and INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("AGENCY"). WITNESSETH: WHEREAS, the DEPARTMENT is constructing a transportation project for the 1-95 and Oslo Road Interchange ('Project"), as depicted in the attached Exhibit "A" and associated with Item / Segment Number 413048-2-52-01; and WHEREAS, the AGENCY is the owner of Oslo Road; and WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes, and federal funding provisions, the DEPARTMENT is authorized to undertake projects within the AGENCY's geographical limits; and WHEREAS, the Project will involve the acquisition of various property interests along the Project corridor; and WHEREAS, the DEPARTMENT plans to construct the Project and conduct right of way acquisition and related activities, including eminent domain proceedings, on the Project for and on behalf of the AGENCY to prepare the Project for construction; and WHEREAS, the DEPARTMENT will conduct its right of way acquisition activities in accordance with its right of way procedures and applicable federal acquisition requirements; and WHEREAS, the parties agree that it is in the best interest of the public to promote a cooperative effort between the DEPARTMENT and the AGENCY for the successful completion of the Project. NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, this MOA sets forth and outlines the following agreements between the DEPARTMENT and the AGENCY concerning the performance of acquisition and maintenance activities by the AGENCY and the DEPARTMENT for the AGENCY's Project: The above recitals are true and correct and are incorporated herein by reference. 2. Upon completion of its acquisition and construction activities for the Project, the DEPARTMENT will transfer and the AGENCY will accept acquired property rights along the AGENCY facilities, including excess properly acquired by the DEPARTMENT on behalf of the AGENCY, except areas designated as limited access right-of-way. The limited access right-of-way areas are shown in Exhibit "B". If for some reason the DEPARTMENT does not construct the Project, any acquired property, except for areas designated as limited access right-of-way shall be conveyed to the AGENCY by Quit Claim Deed containing a reverter clause limiting the use to highway purposes in accordance with all federal and state regulations, and the AGENCY shall accept the property and comply with all regulations. 266 3. Said conveyance shall include, and the AGENCY fully accepts, a transfer and assignment of all rights and obligations pursuant to any maintenance agreement, utility agreement, subordination, and/or other agreements or matters of record relating to the property to be conveyed and the AGENCY shall assume all responsibilities and liabilities arising from any obligations thereunder which responsibilities, liabilities and obligations as set forth in the conveyance documents shall run with the land. This provision shall survive the termination of this MOA. 4. Notwithstanding any other provision herein to the contrary, the DEPARTMENT shall not be responsible for any costs or attorney fees arising out of any liabilities or obligations incurred regarding the right of way after the transfer of property. Maintenance prior to and during construction: A. The following shall apply to areas designated in Exhibit "B" as limited access right- of-way: Prior to construction of the Project by the DEPARTMENT, the AGENCY shall be responsible for the maintenance of all properties acquired for the Project by the DEPARTMENT, keeping them in a safe condition. This includes responding to and addressing Code Enforcement violations and complaints from the public. B. The following shall apply to areas designated in Exhibit "B" as non -limited access right-of-way: Prior to construction of the Project by the DEPARTMENT, the AGENCY shall be responsible for the maintenance of all properties acquired for the Project by the DEPARTMENT, keeping them in a safe condition. This includes responding to and addressing Code Enforcement violations and complaints from the public. During Construction of the Project by the DEPARTMENT, the AGENCY is responsible for mowing and litter removal unless a Locally Funded Agreement (LFA) is entered into that includes this work. 6. To the extent provided by law, the AGENCY shall indemnify, defend and hold harmless the DEPARTMENT and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error; omission, or negligent act by the AGENCY, its agents or employees during acquisition and other related activities on the Project except that neither the AGENCY, its officers, agents or employees will be liable for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents or employees during the performance of acquisition and other related activities on the Project. 7 Any and all notices given or required under this MOA shall be in writing and either hand - delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be directed as follows: As to the DEPARTMENT: Anson Sonnett, P.E., Project Manager Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Phone: (954) 777-4474 With copy to: Daniel Marwood, Deputy Right of Way Manager - Production Florida Department of Transportation 267 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Phone: (954) 777-4238 As to the AGENCY: Richard B. Szpyrka, P.E. Public Works Director Indian River County 1801 27th Street Vero Beach, FL 32960 (772) 226-1234 With copy to: County Attorney Indian River County 1801 27th Street Vero Beach, FL 32960 8. Multiple copies of this MOA may be fully executed by all parties, each of which shall be deemed to be an original. The date entered above where indicated shall be the date the last party signed this MOA. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 268 IN WITNESS WHEREOF, the parties hereto have made and caused this Memorandum of Agreement to be authorized and duly executed on behalf of their respective entities. Administrative Assistant: Print Name: /4116,2 L H I( --- 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 FLORIDA DEPARTMENT OF TRANSPO T2STRICT FOUR By: --- Steven au , P. Director of Transportation Development Legal Approval District Four Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA .1 �pA1M/gS�[ By: ' S an Adams Cynirman This Memorandum of Understanding has been duly authorized and approved on Januar", 7, 2020 by County Resolution No. 2020-00.1 269 EXHIBIT A Project Layout 270 EXHIBIT B Limited Access Right-of-way 272 273 Mal AStm S41R 1t+1 273 M 67AVYl 3 � 3 273 RESOLUTION NO. 2020-001 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A RIGHT OF WAY ACQUISITION MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ACQUISITION OF RIGHT OF WAY FOR THE RELOCATION OF 82"° AVENUE, CUL-DE-SAC CONSTRUCTION ON 86TH AVENUE SW, IMPROVEMENTS ON 13TH STREET SW, DRAINAGE IMPROVEMENTS, RECONSTRUCTIONS/RELOCATION OF EXISTING ROADWAYS, SIDEWALKS, CURB RAMS, PEDESTRIAN CROSSINGS, AND OTHER RELATED IMPROVEMENTS FOR THE OSLO ROAD AND 1-95 INTERCHANGE PROJECT. WHEREAS, the BCC previously accepted a resolution number 2017-022, in support of the improvements to Oslo Road/CR 606 and SR9/1-95, providing an interchange connection to 1-95 from Oslo Road; and WHEREAS, FDOT is authorized by Florida Statutes and Federal funding provisions to undertake projects within the geographical limits of Indian River County; and WHEREAS, those improvements are being managed by the FDOT more particularly described as Financial Project No. 413048-2-52-01, which involves the design, acquisition of rights-of-way, construction of an interchange at Oslo Road and 1-95, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements. WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to for the cost for right-of-way acquisition and Construction of the project; 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, the Right of Way Acquisition Memorandum of Agreement for the aforementioned project; and WHEREAS, a resolution to execute the Right of Way Acquisition Memorandum of Agreement for the aforementioned project is required. 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, the Right of Way Acquisition Memorandum of Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner r1 who moved its adoption. The motion was seconded by Commissioner Zorc and, upon being put to a vote, the vote was as follows: Chairman Susan Adams AYE Vice -Chairman Joseph E. Flescher AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE Commissioner Tim Zorc AYE Page 142 274 ......... The Chairman thereupon declared the resolution passed and adopted this 7th da of January, 2020 •`'`�`t C,0 APIs•''•. P p P Y rY, .�J���.• S/oti. BOARD OF COUNTY COMMI IONERS r '`r•: OF INDIAN RIVER COUN , F: ID /Susa Adams, Chairman �9ti, ., a►�' o?;° Attest: Jeffrey R. Smith, Clerk of Court ' oRCOl1tJr:�'�s and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney Page 2 d2 275 4�3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Florida Department of Transportation (FDOT) Maintenance Memorandum of Agreement (MMOA) for Oslo Road Widening Project Financial Project No. 431521-1 DATE: October 24, 2022 DESCRIPTION AND CONDITIONS The Florida Department of Transportation is in the final stages of design for the Oslo Road Widening project and is preparing to move the project forward for construction in 2023. Florida Department of Transportation requires that the local agency governing board approve a resolution accepting the attached Maintenance Memorandum of Agreement (MMOA) outlining conditions for the acceptance and maintenance of the project after construction is complete. The attached MMOA is for the Florida Department of Transportation to construct the Oslo Road widening project which includes two travel lanes in each direction, 7 -foot bike lanes, sidewalks, signalization at 66' Avenue, drainage improvements, stormwater retention ponds, roadway lighting at intersections, pedestrian crossings, and other related improvements. Once the project has been constructed by FDOT and the final acceptance process has been completed, the County will be responsible for the maintenance of all improvements associated with the project. FUNDING Once the project is complete and accepted by Indian River County, the maintenance expenses for maintenance of Oslo Road will be included in the Public Works Road and Bridge budget. RECOMMENDATIONS Staff recommends the Board of County Commissioners approve the Authorizing Resolution for acceptance of the MMOA and authorize the Chairman to execute the same. ATTACHMENTS Authorizing Resolution Maintenance Memorandum of Agreement APPROVED AGENDA ITEM FOR November 1, 2022 276 RESOLUTION NO. 2022 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT FM NUMBER 431521-1 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF OSLO ROAD BETWEEN 58TH AND 82ND AVENUES UPON FINAL ACCEPTANCE BY THE COUNTY OF THE IMPROVEMENTS CONSTRUCTED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION WHEREAS, the construction of the Oslo Road between 58th and 82 d Avenues (Project) is an Indian River County priority project; and WHEREAS, on July 15, 2021, the Florida Department of Transportation (FDOT) and Indian River County (County) entered into a Right of Way Memorandum of Agreement (ROW MOA) wherein the FDOT agreed to acquire right of way necessary for the Project on behalf of the County; and WHEREAS, FDOT has agreed to make certain improvements to Oslo Road between 58th and 82 d Avenues, including, but not limited to constructing 2 travel lanes in each direction, 7 -foot bike lanes, sidewalks, signalization and drainage improvements; 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 District Four Highway Maintenance Memorandum of Agreement FM Number 431521-1 for the County to maintain Oslo Road from 58th to 82'6 Avenues following FDOT final acceptance of the Project; and 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, District Four Highway Maintenance Memorandum of Agreement FM Number 431521-1 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 who moved its and, upon being put to a The Chairman thereupon declared the resolution passed and adopted this , 2022. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA 0 Peter D. O'Bryan, Chairman day of Page 11 277 RESOLUTION NO. 2022 - 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 12 278 SECTION No.: 88061006, FM No.: 31521-1 AGENCY: Indian River Count C.R. No.: 606,, DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, entered into this day of . 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and (Indian River Count a political subdivision of the State of Florida, hereinafter called the AGENCY collectively referred to as Parties. WITNESSETH: WHEREAS, the AGENCY has jurisdiction over Oslo Road b as part of the lCounty1roadway system from 182nd Ave to 158th Ave (Kings Highway)( and WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes and Federal funding provisions the DEPARTMENT is authorized to undertake projects within the AGENCY's geographical limits and the AGENCY agrees to have this improvement constructed; and WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement with the AGENCY to maintain the project; and WHEREAS, pursuant to such authority, the DEPARTMENT and the AGENCY agrees to have the DEPARTMENT construct certain improvements more particularly described as Financial Project ID 31521-1� which involves �idening and reconstructing Oslo Roadl; hereinafter referred to as the "Project", as more particularly described in Exhibit A; and WHEREAS,this project is eligible for use of ARPA state funds; and *HEREAS, pursuant to that certain Right of Way MOA between the AGENCY and the DEPARTMENT dated July 15, 2021, and all subsequent amendments thereto, the DEPARTMENT will acquire Right of Way for the project on behalf of AGENCY; and WHEREAS, upon acquisition of the necessary right-of-way, the DEPARTMENT will proceed to construct the Project; and WHEREAS, the Parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by (Resolution on the day of , 20_, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so. -1- 279 NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the Parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the Project. The AGENCY is responsible for additional Project costs determined to be Federal Aid Non -Participating. 3. The AGENCY shall allow the DEPARTMENT and its contractors to enter onto the existing AGENCY property. No further permit or agreement from the Agency shall be required.Il 4. The AGENCY shall continue to maintain the existing roadway and any property owned by AGENCY until the DEPARTMENT begins construction of the Project. The DEPARTMENT shall be responsible for mowing and litter removal during the duration of the Project. 5. Upon "final acceptance" by the DEPARTMENT of the Project, (as "final acceptance" is described in the Standard Specifications for Roadway and Bridge Construction dated 2019, as amended), and Notice thereof to the AGENCY, the AGENCY shall maintain the Project, at its own cost, in accordance with the following Federally and State accepted standards: (a) FDOT Design Manual (FDM), current edition (b) Florida Green Book dated 2018, as amended (c) Governing standards and specifications: FDOT Design Standards dated FY 2022-23, as amended (d) Standard Specifications for Roadway and Bridge Construction dated 2022, as amended by contract documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as amended. Maintenance of said Project includes maintaining Iroadway, pavement marking, lighting, signalization, sidewalk, and drainage systems. a. The AGENCY grants to the DEPARTMENT all rights necessary to enter and construct the Project. b. The Department shall give the AGENCY seven (7) days' notice before final inspection. The AGENCY will have the opportunity to inspect and identify corrections to the PROJECT within seven (7) days' notice and the DEPARTMENT agrees to undertake those corrections prior to final acceptance so long as the corrections comply with the Final Proposed Construction plans and specification previously approved by both the DEPARTMENT and the AGENCY. c. If the project requires one or more permits that are revocable by the permitting entity and the permitting entity's needs require the removal of the project facility or any portion of it, either: L The facility would be reconstructed or relocated in such a way as to continue serving the same need (e.g., roadway and sidewalk connectivity) at the Agency's expense and a funding source would be made available; or -2- 280 ii. Federal funds would be repaid, again at the Agency's expense. The useful life of the facility would be determined and a schedule for repayment developed (i.e., the amount of repayment necessary for each year of the remaining useful life of the facility at the time of its removal). 6. Warranties: The DEPARTMENT shall transfer any applicable warranties to the AGENCY. 7. Environmental permitting: If requested by the DEPARTMENT, the AGENCY shall sign as a joint applicant and be responsible for the permits related to the Project. Further the AGENCY shall be solely responsible for ensuring that the Project remains in compliance with all permits after the construction is complete and the right of way is transferred to the AGENCY. To the extent permitted by law, the AGENCY shall indemnify the DEPARTMENT for any violations by the AGENCY of any permits issued to the Department or jointly to the AGENCY and the DEPARTMENT after construction is complete. The AGENCY shall execute all documentation required by the permitting agencies in a timely manner to accept transfer of the Project. The AGENCY shall be the applicant for all occupancy permits that are required for the Project. 8. Utilities: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to accomplish utility relocations for this Project. This shall include, but not be limited to, entering into utility subordination agreements with the affected utility owners, thereby assuming liability for future utility relocations within the AGENCY right of way and proposed right of way. At its own expense, the AGENCY shall comply with any and all request of the DEPARTMENT to provide written notice to utility owner to initiate work necessary to alleviate interference; to remove or relocate non-compliant utilities; and to place liens upon non-compliant utility owners within the AGENCY right of way, as defined in Florida Statues 337.403 and 337.404. The AGENCY shall be liable and reimburse the DEPARTMENT for any cost incurred by the DEPARTMENT for the AGENCY's failure to timely comply with said request. a. AGENCY'S Utilities: The AGENCY shall relocate and adjust its own utilities including connection with utility customers. The PARTIES will enter into an agreement to relocate and adjust utilities. The COUNTY will pay for this work. 9.Signals: The AGENCY shall cooperate with the DEPARTMENT to effect signal and interconnect connections for the Project. 10. Drainagel: Closed drainage system and storm water management ponds shall be maintained per permit.) 11. Unforeseen issues: If unforeseen issues shall arise, the AGENCY shall cooperate with the DEPARTMENT to the extent necessary to construct the Project. This shall include but not be limited to the execution of documents; allowing the Department and/or their contractors/consultants to enter upon the real property owned, leased, possessed and/or -3- 281 controlled by the Agency upon which the Project is to be constructed or any property adjacent thereto. 12. E -Verify requirements: The AGENCY: • shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of the contract; and • shall expressly require any contractors 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 contractor during the contract term. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings as represented in the (Final Proposed Construction plans. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 14. The DEPARTMENT will provide the AGENCY with as-builts as a part of the final acceptance package. 15. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 16. LIST OF EXHIBITS • Exhibit A: Project Scope • Exhibit B: AGENCY's Resolution • Exhibit C: Executed ROW MOA [This space intentionally left blank.] -4- 282 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. FOR DEPARTMENT: FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT FOUR Bv: Administrative Assistant: Steven C. Braun, P.E. Director of Transportation Development Print Name: Legal Approval: ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller go Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal Deputy County Attorney District Four Attorney FOR AGENCY: BOARD OF COUNTY COMMISIONSERS INDIAN RIVER COUNTY, FLORIDA LIM Peter D. O'Bryan Chairman This Memorandum of Agreement has been duly authorized and approved on Indian River County Resolution No. -5- by 283 SECTION No.: 88061000 FM No.: 31521-1 AGENCY: Indian River County C.R. No.: 606 FVWIRIT A PROJECT SCOPE All of the improvements are to be completed by DEPARTMENT within the AGENCY's existing land proposed fright -of -way. Typical Section • 2 travel lanes in each direction • Bike lanes and sidewalk on both sides Signing and Pavement Markings Signalization • New mast arm signal at 66th Avenue • Signal interconnect Drainage • Closed drainage system • 3 storm water management ponds Permits • The FDOT will acquire in the AGENCY's name. Lighting • Roadway lighting at signalized intersections 284 EXHIBIT B AGENCY's Resolution SECTION No.: 88061000 FM No.: 431521-1 AGENCY: Indian River County C. R. No.: 606 285 SECTION No.: 88061000 FM No.: 431521-1 AGENCY: Indian River County C.R. No.: 606 EXHIBIT C Executed Right of Way Memorandum of Agreement 286 DocuSign Envelope ID: 2D264F60-1C42-470D-9532-1584FD04A884 RIGHT OF WAY ACQUISITION MEMORANDUM OF AGREEMENT This is a Memorandum of Agreement ("MOA") made and entered into this 15 day of Judy 20 21 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida ("DEPARTMENTS and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida ("AGENCY"). WITNESSETH: WHEREAS, the DEPARTMENT is constructing a transportation project for the Oslo Road Widening ("Project"), as depicted in the attached Exhibit "A" and associated with Item Segment Number 431521-1-52-01; and WHEREAS, the AGENCY is the owner of the facility; and WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes, and federal funding provisions, the DEPARTMENT is authorized to undertake projects within the AGENCY's geographical limits; and WHEREAS, the Project will involve the acquisition of various property interests along the Project corridor; and WHEREAS, the DEPARTMENT plans to construct the Project and conduct right of way acquisition and related activities, including eminent domain proceedings, on the Project for and on behalf of the AGENCY to prepare the Project for construction; and WHEREAS, the DEPARTMENT will conduct its right of way acquisition activities in accordance with its right of way procedures and applicable federal acquisition requirements; and WHEREAS, the parties agree that it is in the best interest of the public to promote a cooperative effort between the DEPARTMENT and the AGENCY for the successful completion of the Project. NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, this MOA sets forth and outlines the following agreements between the DEPARTMENT and the AGENCY concerning the performance of acquisition and maintenance activities by the AGENCY and the DEPARTMENT for the AGENCY's Project: The above recitals are true and correct and are incorporated herein by reference. Upon completion of its acquisition and construction activities for the Project, the DEPARTMENT will transfer and the AGENCY will accept acquired property rights along the AGENCY facilities, including excess property acquired by the DEPARTMENT on behalf of the AGENCY. If for some reason the DEPARTMENT does not construct the Project, any acquired property shall be conveyed to the AGENCY in accordance with all federal and state regulations, and the AGENCY shall accept the property and comply with all regulations, including making any and all reimbursements to the DEPARTMENT or the Federal Highway Administration ("FHWA") that may be required by said regulations due to the Project not being constructed. Said conveyance shall include, and the AGENCY fully accepts, a transfer and assignment of all rights and obligations pursuant to any maintenance agreement, utility agreement, 287 DocuSign Envelope ID: 2D264F60-1C42-470D-9532-1584FD04A884 subordination, and/or other agreements or matters of record relating to the property to be conveyed and the AGENCY shall assume all responsibilities and liabilities arising from any obligations thereunder which responsibilities, liabilities and obligations as set forth in the conveyance documents shall run with the land. This provision shall survive the termination of this MOA. 4. Notwithstanding any other provision herein to the contrary, the DEPARTMENT shall not be responsible for any costs or attorney fees arising out of any liabilities or obligations incurred regarding the right of way after the transfer of property. 5. Prior to and during construction of the Project by the DEPARTMENT, the AGENCY shall be responsible for the maintenance of all properties acquired for the Project by the DEPARTMENT, keeping them in a safe condition. This includes responding to and addressing Code Enforcement violations and complaints from the public as well as any required mowing and litter removal during construction. 6. To the extent provided by law, the AGENCY shall indemnify, defend and hold harmless the DEPARTMENT and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the AGENCY, its agents or employees during acquisition and other related activities on the Project except that neither the AGENCY, its officers, agents or employees will be liable for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents or employees during the performance of acquisition and other related activities on the Project. 7. Any and all notices given or required under this MOA shall be in writing and either hand - delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be directed as follows: As to the DEPARTMENT: Anson Sonnett, P.E., Project Manager Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Phone: (954) 777-4474 With copy to: Dan Marwood, Deputy Right of Way Manager - Production Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Phone: (954) 777-4237 As to the AGENCY: Richard B. Szpyrka, P.E. Public Works Director Indian River County 1801 27th Street Vero Beach, FL 32960 (772) 226-1234 With copy to: 288 DocuSign Envelope ID: 2D264F60-1C42-470D-9532-1584FD04A884 County Attorney Indian River County 1801 27th Street Vero Beach, FL 32960 Multiple copies of this MOA may be fully executed by all parties, each of which shall be deemed to be an original. The date entered above where indicated shall be the date the last party signed this MOA. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 289 DocuSign Envelope ID: 2D264F60-1C42-470D-9532-1584FD04A884 IN WITNESS WHEREOF, the parties hereto have made and caused this Memorandum of Agreement to be authorized and duly executed on behalf of their respective entities. Administrative Assistant: DocuSigned by: Ql�.ln, (,aEkut. Print Name: E ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY lw'i OLC - William K. Braa Deputy County Attorney FOR DEPARTMENT: FLORIDA DEPARTMENT OF T Bd FjATPN, DISTRICT FOUR By: Sfcutan. �� Steven C. Braun, P.E. Director of Transportation Development Apprdayal: District Four Attomey FOR AGENCY: BOARD OF COUNTY COMMISIONSERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Fles ;•' Chairman Ty FLOR.1p'� This Memorandum of Agreement has been duly authorized and approved on March 16, 2021 by Indian River County Resolution No. 2021-023 290 DocuSign Envelope ID: 2D264F60-1C42-470D-9532-1584FD04A884 V 3N11 51N SAV H1t+L of I Z' I m o� ,via �0vFi ZMO W H J m40U I zl - MS V 3N11 9 DocuSign Envelope ID: 2D264F60-1C42-470D-9532-1584FD04A884 RESOLUTION 2021-02— A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A RIGHT OF WAY ACQUISITION MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ACQUISITION OF RIGHT OF WAY FOR THE WIDENING OF OSLO ROADICR606 FROM 82ND AVENUE SW TO 58TH AVE SW. WHEREAS, the BCC previously accepted a resolution number 2017-023, in support of the widening improvements to Oslo Road/CR606 from 82"a Avenue SW to 58h Avenue SW, Indian River County; 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, the Right of Way Acquisition Memorandum of Agreement for the aforementioned project; and WHEREAS, a resolution to execute the Right of Way Acquisition Memorandum of Agreement for the aforementioned project is required. 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, the Right of Way Acquisition Memorandum of Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner O'Bryan who moved its adoption. The motion was seconded by Commissioner Adams _ and, upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman AYE Peter D. O'Bryan, Vice Chairman AYE Susan Adams, Commissioner AYE Joe Earman, Commissioner AYE Laura Moss, Commissioner AYE '-- 41 The Chairman thereupon declared the resolution duly passed and adopted this —'his•: 16th dayof March 2021.' BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA = ' + Joseph E. Flescher, Chairman °' Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: \�'5/xu Deputy Clerk Approved as to form and legal sufficiency: By William K. DeBraal, Deputy Attorney 292 IL161 November 1, 2022 ITEM 14.13. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 21, 2022 SUBJECT: Discussion on Traffic Signal Cabinet (TSC) Wraps FROM: Joseph H. Earman Commissioner, District 3 Background Neighboring counties and municipalities have elected to "wrap" their TSCs to present a vibrant, unique "branding" for their areas. These large vinyl graphics are applied directly to painted or unpainted surfaces, last for years, and are easily removable. Discussion Specific designs for all cabinets would be vetted through a small committee created for this specific purpose. My recommendation would be to limit selections to picturesque scenes (for example, sunsets), IRC history, plants and animals native to Florida, and public service themes. Funding Vero Beach Custom Signs LLC provided a quote of $78,210 with a period of performance of 4-5 months to wrap all 162 of IRC's traffic signal cabinets. However, it is not my intent to commit the county to the entire bill for this proposal, or even a large portion of that bill. The project would be subject to county procurement procedures, although it should be noted that Vero Beach Custom Signs reached out to me months ago to initiate this idea. Proposed Course of Action After consultation with County Administrator Brown and the staff, we recommend the county pay for the first ten (10) TSC wraps to spur interest in the concept, at a total cost of approximately $5,000. These initial ten TSCs would be located entirely within unincorporated IRC. Beyond the first ten, Senior Resource Association (SRA) has agreed to seek out local hosts (people or businesses) who'd like to sponsor subsequent TSCs; sponsor names could be added to each wrap (in a conservative location), but company logos would not be approved, in accordance with the criteria already established above. Pictures of wrapped TSCs would be featured on the county 293 website with the sponsor's name. SRA would make a profit on each "sale," so the price would be somewhat higher than what the county is paying for the initial ten. Attachment Business Proposal from Vero Beach Custom Signs LLC (Justin McClure) 294 BUSINESS PROPC INDIAN RIVER COUNTY TRAFFIC SIGNALi6 � BEFORE 1 DOWNTOWNa.. VERO I r. lis � /�� `, �►. . _ Prepared for: Board of County Commissioners Indian River County, FL. Prepared by: Justin McClure Vero Beach Custom Signs LLC. County Commissioners, Indian River County has invested time and money to build the image and reputation it has come to have for many years. A move forward with wrapping the Traffic Signal Cabinets would add vibrance to the street corners while maintaining the beautification of our county. Vero Beach Custom Signs LLC is a local family owned business operating in Indian River County since 2016. Our objective is to provide the highest quality wraps and we will work closely with Indian River County to implement and ensure a smooth and successful project from start to finish. We Look forward to discussing this proposal in detail. Thank you for your time and consideration. Sincerely, Justin McClure Vero Beach Custom Signs LLC WM 296 1. ABOUT 2. PROJECT SUMMARY 3. PROJECT SCOPE 4. COST & TIMELINE 5. TERMS & CONDITIONS 6. SIGN -OFF & ACCEPTANCE Based in Vero Beach, FL., Vero Beach Custom Signs LLC was founded in December of 2016. Vero Beach Custom Signs LLC started as a home-based business and has since expanded it's presence out of the home and into a 3000sf commercial location with 5 full time employees. Vero Beach Custom Signs LLC specializes in Signs, Prints, and Wraps. From concept to completion we consistently work to provide customers superb products at an affordable price. Vero Beach Custom Signs LLC believes in doing the job right the first time and we are not satisfied until we've met all of your needs. NAME OF PROJECT: Indian River County Traffic Signal Cabinet Wrap TRAFFIC LIGHT CABINET QTY: 158 ESTIMATED BUDGET: $495.00 per TSC ESTIMATED TIME FRAME TO COMPLETE: 4 - 5 Months / 10 TSC' per Week TRAFFIC SIGNAL CABINET (TSC) SPONSORSHIP: Opportunity for businesses, organizations, or individuals to sponsor a Traffic Signal Cabinet Wrap. We begin the project by gathering all of the necessary photos, artwork, and map layout for each Traffic Signal Cabinet (TSC). Vero Beach Custom Signs LLC will then use those layouts needed for art approval before print and installation of the TSC Wraps. After art approval from Indian River County we will begin the print and installation process as per the timeline. In coordination with Indian River County, we will give businesses, organizations, and individuals the opportunity to sponsor a TSC. In recognition of a sponsor they will get their name on a TSC for the duration of 1 year. The business, organization, or individual name will be placed along the bottom of the artwork and will not interfere with the theme of the Traffic Signal Wrap. Vero Beach Custom Signs LLC will provide the required materials, tools, and equipment for the completion of the project. The owners and management take full responsibility of monitoring and overseeing the project as per the signed contract terms. N 300 PROJECT NAME: Indian River County Traffic Signal Cabinet Wrap PRICING: Name Price Qty Subtotal TSC Wrap $495.00 158 $495.00 Subtotal Total PAYMENT SCHEDULE: $495.00 $78,210.00 Payment Date Payment Amount Upon Acceptance Of Contract 50% Of The Total Balance Upon Project Completion Remaining Total Balance TIMELINE: Proposed Start Date: Upon Contract Signing Daily Completion: 2 TSC Wraps Weekly Completion: 10 TSC Wraps Proposed Date Of Completion: 4-5 Months The above listed timeline is based on a 5 day work week. In the event of inclement/adverse weather, such as, by way of example, not limitation, acts of God, natural disasters, lightning, and thunderstorms, the above listed timeline may have to be extended. In such circumstances, Vero Beach Custom Signs LLC will notify Indian River County Representative of needed extension time and will continue work until project completion. This Agreement for Traffic Signal Cabinet Wraps is between Vero Beach Custom Signs LLC, and Indian River County, FL. (Client), for the perfor- mance of the services described in this proposal. The parties, therefore, agree as follows: 1. PROPOSAL The terms of the proposal shall be effective for 30 days after presentation to Client. In the event this agreement is not executed by the Client within the time identified, the Proposal, together with any related terms and conditions and deliverables, may be subject to amendment, change or substitution. 2. FEES AND CHARGES 2.1 In consideration of the services to be performed by Vero Beach Custom Signs LLC, Client shall pay to Vero Beach Custom Signs LLC fees in the amounts and according to the payment schedule set forth in the pro- posal. 2.2 Additional Costs. The Project pricing includes Vero Beach Custom Signs LLC Proposal fee only. Any and all artwork, layouts, and logo adjust- ment fees will be billed to the Client unless specifically otherwise provid- ed for in the Proposal. lof3 3. PAYMENT TERMS 3.1 Vero Beach Custom Signs LLC will take a deposit of 50% of the initial fees, paid by Client, at the time of Proposal signing. 3.2 The remaining balance of the total will be paid by Client, to Vero Beach Custom Signs LLC, at which time the Traffic Signal Cabinet Wrap Project is complete. 3.3 Vero Beach Custom Signs LLC will provide all necessary purchase order numbers and internal information for invoice receipts at the time of pay- ment. 4. PROJECT PHOTOGRAPHY AND ARTWORK Vero Beach Custom Signs LLC shall have the right to document, photo- graph or otherwise record all completed designs or installations of the project, and to reproduce, publish and display such documentation, pho- tographs or artwork for Vero Beach Custom Signs LLC promotional pur- poses. 5. CLIENT RESPONSIBILITIES Client acknowledges that Client shall be responsible for performing the following in a reasonable and timely manner: (a) Communication of administrative or operational decisions if they affect the design, artwork or production of Deliverables, and in coordina- tion of required approvals and meetings. 2of3 303 Client Responsibilities Continued: (b) Provision of accurate and complete information and materials request- ed by Vero Beach Custom Signs LLC such as, by way of example, not lim- itation, map layouts, utility locations, artwork, logos, photographs, color samples and all other necessary information relating to the project. (c) Final proofreading and written approval of all project documents in- cluding, by way of example, not limitation, art approval for each Traffic Signal Cabinet before their release for print or installation. In the event the Client has approved work containing errors or omissions, such as, by way of example, not limitation, typographic errors or misspellings. Client shall incur the cost of correcting such errors. 3of3 304 IN WITNESS WHEREOF, each of the Parties have reviewed this Proposal and agree to the work, terms, and conditions listed herein. Vero Beach Custom Signs LLC Indian River County, FL. Sign: Sign: Date: First Name: Last Name: Date: First Name: Last Name: SSS C SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: October 7, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Work Order No. 17 to Geosyntec for Segment 3, Cell 1 Top of Waste Grades Evaluation Descriptions and Conditions: The Indian River County (IRC) Class 1 Landfill is required by the Florida Department of Environmental Protection (FDEP) to perform waste filling operations within the permitted elevations of the facility. Upon reaching final waste grades, the corresponding areas must be closed. Our Class 1 Landfill operator, Republic Services, has requested engineering guidance to ensure that their waste filling operations are within compliance. Accordingly, staff requested the attached proposal from Geosyntec to verify the available volume of airspace of Segment 3 Cell 1 and to provide a work plan for the remaining of its waste filling sequencing. Analysis: Geosyntec's proposal includes an evaluation of historic and recent aerial surveys, and compares them against the permitted top of waste grading plan of Segment 3 Cell 1 originally designed by Geosyntec. In addition, Geosyntec will perform one site visit using Global Positioning System (GPS) equipment to obtain current waste grades for use in design. Finally, engineering drawings will be prepared showing waste filling grading plans, remaining airspace volume, and control points to aid Republic Services with remaining waste filling sequencing at Segment 3 Cell 1. Geosyntec's proposal consists of four main phases as follows: Phase Description Budget Phase 1: Project Management and Meetings $ 3,341.04 Phase 2: Files Review and Data Evaluation $ 3,490.88 Phase 3: Site Inspection Visit $ 4,830.80 Phase 4: Engineering Drawings $14,362.28 Total $26,025.00 SWDD Agenda - Geosyntec WO No. 17 3 N 1 of 2 SWDD Item Funding: Funding in the amount of $26,025 for this project is budgeted and available in the SWDD/Landfill/Engineering Services account, number 41121734-033130. This is funded from SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/Engineering Services 41121734-033130 $26,025 Recommendation: Solid Waste Disposal District staff recommends that its Board approves and authorizes the Chairman to sign Work Order No. 17 authorizing Geosyntec to provide an engineering evaluation of Segment 3 Cell 1 waste grades for a not to exceed fee of $26,025. Attachment: 1. Geosyntec Work Order No. 17 SWDD Agenda - Geosyntec WO No. 17 3"e 2 of 2 WORK ORDER 17 Segment 3, Cell 1 Top of Waste Grades Evaluation This Work Order Number 17 is entered into as of this day of October, 2022, pursuant to that certain Continuing Consulting Engineering Services Agreement dated April 17, 2018, renewed and amended as of May 18, 2021, (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Jim Langenbach, PE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman Title: Vice — President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 308 Geosyntec consultants Mr. Himanshu Mehta, P.E., Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904.858.1818 www.geosyntec.com 28 September 2022 Subject: Proposal for Engineering Services Evaluation of Design and Current Waste Grades Segment 3, Cell 1 Class I Landfill of Indian River County Landfill. Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this proposal to Indian River County (IRC), Solid Waste Disposal District (SWDD) to provide engineering services to support waste filling operations at Segment 3, Cell 1 of the Class I Landfill at the IRC Landfill (IRCL) facility. The proposal was prepared in response to a request from Mr. Himanshu Mehta, P.E., Managing Director of SWDD during a videoconference call on September 9, 2022, with Mr. Ron T. Jones, Assistant Managing Director of SWDD, Mr. Brian Lewis and Edwin Wilson, both with Republic Services of Florida LP (Republic), and Dr. Kwasi Badu-Tweneboah, P.E., Dr. Ramil Mijares, P.E., and Dr. Jose J. Lizarraga, all of Geosyntec. Geosyntec has prepared this proposal (professional services as Exhibit A of CCNA-2018-WO No. 17, pursuant to that certain Continuing Contract Agreement for Professional Services, dated 17 April 2018, renewed and amended as of 18 May 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant ").The remainder of this proposal is organized to present: (i) project background; (ii) proposed scope of work; (iii) schedule; and (iv) budget estimate. PROJECT BACKGROUND The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west of Rangeline Road in Vero Beach, Florida. The landfill serves the unincorporated Indian River County and municipalities of Vero Beach, Orchid, Fellsmere, Sebastian, and Indian River Shores. The landfill property includes a Class I landfill, an inactive Construction and Demolition (C&D) debris disposal facility, and other support facilities. The Class I Landfill includes the closed Segment 1/Infill/Segment 2 vertical expansion, and Segment 3 lateral NCP2022-222378UL22066_IRCL_Segment3_Cell ]_Waste_Grades_Evaluation engineers I scientists I innovators 309 Geosyntec° consultants 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904.858.1818 www.geosyntec.com expansion (Segment 3). Republic serves as the operator of the Class I landfill. Currently, Republic is placing waste in Cells 1 and 2 of Segment 3 with Cell reaching approximate final waste grades. The following documents were discussed during the videoconference call, and shared with Geosyntec: • Drawing titledlsopach Showing Maximum Interim Constructed Waste Grades and Current Year's Aerial Survey (Final Drawing Not Released For Construction), prepared by Hodges, Harbin, Newberry & Tribble, Inc. (HHNT), dated April 2022; • Drawing titled Cell 2 — North Slope Staking Points (For Discussion Purposes Only), dated June 23, 2022; and • Spreadsheet titled Indian River North Slope Design.xlsx On September 13, 2022, Mr. Ron T. Jones provided the following files via electronic transfer: • Electronic drawing file titled: S39-08 ASBUILT.dwg; • Electronic drawing file titled: X-TOPO-2009.dwg; • Electronic drawing file titled: X-TOPO-BASE.dwg; Based on the above information, and communication with SWDD, Geosyntec understands that certain portions of Cell 1 contain waste at elevations that are close to the permitted top of waste grades. Based on analyses of remaining volume of airspace using recent aerial surveys, Republic has expressed concern that capacity at Cell 1 might be reached before SWDD anticipated. Thus, SWDD has asked Geosyntec to provide a proposal for engineering services to verify the available volume of airspace of Cell 1 and provide a work plan for the remaining of its waste filling sequencing. PROPOSED SCOPE OF WORK Geosyntec will evaluate historic and recent aerial surveys completed at Cell 1 and compare them against the permitted top of waste grading plan of Segment 3 originally designed by Geosyntec. To supplement the information obtained from aerial surveys and evaluate the existing conditions, Geosyntec proposes to conduct a one -day Site inspection of Cell 1 and Cell 2. During this Site visit, Geosyntec will utilize a Global Positioning System (GPS) equipment to obtain current waste grades for use in the design. Engineering drawings will be prepared showing waste filling grading plans, remaining airspace volume, and control points to aid Republic with remaining waste filling sequencing at Cell 1. For the purpose of budgeting, the scope of work has been divided into the following four (4) phases: JL22066_1RCL_segment3_Ce11l Waste—Grades—Evaluation engineers I scientists I innovators 310 1200 Riverplace Blvd., Suite 710 Geosyntec Jacksonville, Florida 32207 PH 904.858.1818 consultants www.geosyntec.com • Phase 1 — Project Management and Meetings; • Phase 2 — Files Review and Data Evaluation; • Phase 3 — Site Inspection Visit; and • Phase 4 — Engineering Drawings. The remainder of this section presents a brief description of the activities to be performed in each phase. Phase 1: Project Management and Meetings Under this phase, Geosyntec will perform project planning and management responsibilities, such as correspondence with SWDD and Republic, invoice review, project coordination, and videoconference meetings. Geosyntec has also included a budget for preparation and attendance (by two Geosyntec personnel) at two meetings: (i) kickoff meeting with SWDD and Republic staff to discuss the proposed scope of work; and (ii) a design review meeting upon completion of the top of waste grades drawings. Phase 2: Files Review and Data Evaluation Under this phase Geosyntec will review electronic drawings (i.e., aerial surveys, permitted waste grading plans), and relevant files to evaluate remaining airspace volume at Cell 1. Phase 3: Site Inspection Visit Under this phase Geosyntec personnel will conduct a Site inspection at Cell 1. Photographic records, field notes and spot elevations at select locations will be recorded with a GPS to corroborate information collected during the data evaluation phase. Phase 4: Engineering Drawings Under this phase, Geosyntec will prepare engineering drawings to aid waste filling operations at Cell 1. The following sheets will be included: • Cover Sheet • Existing Conditions; • Top of Waste Grading Plan and Control Points; • Isopach of Remaining Waste to be Filled; and • Landfill Cross Sections. JL22066_IRCL_Segment3_Celll Waste Grades_Evaluation engineers I scientists I innovators 311 Geosyntec"' consultants SCHEDULE 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904.858.1818 www.geosyntec.com Geosyntec will initiate work immediately upon receipt of Notice to Proceed (NTP) from SWDD and will complete this worth with four (4) weeks of receipt of NTP. BUDGET ESTIMATE Geosyntec proposes to perform the above -referenced work on a lump sum basis for $26,025.00. A budget estimate for the scope of work outlined in Phases 1 through 4 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment A. Task Description Cost Estimate 1 Project Management/Meetings $3,341.04 2 Files Review and Data Evaluation $3,490.88 3 Site Inspection Visit $4,830.80 4 Drawings $14,362.28 Total $26,025.00 Geosyntec will invoice SWDD each month of the project on a lump sum, percent complete basis in accordance with our Agreement. Additional services or any significant change in the scope of work will be performed using the Rate Schedule included in our Agreement. Geosyntec will not exceed the budget estimate without prior approval and written authorization from SWDD. CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely Kwasi Badu-Tweneboah, Ph.D., P.E. Senior Principal (904) 450-4259 kbadu-tweneboah(a,geosyntec.com JL22066 1RCL_segment3_Celll Waste Grades Evaluation engineers I scientists I innovators Jose J. Lizarraga, Ph.D. Professional (904) 450 4282 jlizarra ag na,aeosyntec.com MA ATTACHMENT A DETAILED BUDGET ESTIMATE 313 Table 1 BUDGET ESTIMATE EVALUATION OF DESIGN AND CURRENT WASTE GRADES, SEGMENT 3, CELL INDIAN RIVER COUNTY CLASS I LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 1: PROJECT MANAGEMENT/MEETINGS XL11275/IRC Budget Estimate_Cell1_Waste_Grades_FINAL Geosyntec Consultants 314 ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260 6 $1,560.00 b. Principal Hr $245 0 $0.00 c. Senior Professional Hr $225 0 $0.00 d. Project Professional Hr $203 0 $0.00 e. Professional Hr $176 8 $1,408.00 f. Senior Staff Professional Hr $154 0 $0.00 g. Staff Professional Hr $132 0 $0.00 Subtotal Professional Services $2,968.00 B. Technical/Administrative Services a. Sr. CADD Designer Hr $165 0 $0.00 b. CADD Designer Hr $143 0 $0.00 c. Project Administrator Hr 1 $71 4 $284.00 d. Clerical Hr 1 $55 1 0 $0.00 Subtotal Technical/Administrative Services $284.00 C. Reimbursables a. Lodging Day $164 0 $0.00 b. Per Diem Day $55 0 $0.00 c. Communications Fee 3% Labor 0.03 $2,968 $89.04 d. CADD Computer System Hr $15 0 $0.00 e. Vehicle Rental & Fuel Day $150 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3 0 $0.00 Subtotal Reimbursables $89.04 TOTAL ESTIMATED BUDGET: PHASE 01 $3,341.04 XL11275/IRC Budget Estimate_Cell1_Waste_Grades_FINAL Geosyntec Consultants 314 Table 2 BUDGET ESTIMATE EVALUATION OF DESIGN AND CURRENT WASTE GRADES, SEGMENT 3, CELL 1 INDIAN RIVER COUNTY CLASS I LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 2: FILES REVIEW AND DATA EVALUATION ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260 4 $1,040.00 b. Principal Hr $245 0 $0.00 c. Senior Professional Hr $225 0 $0.00 d. Project Professional Hr $203 0 $0.00 e. Professional Hr $176 6 $1,056.00 f. Senior Staff Professional Hr $154 0 $0.00 g. Staff Professional Hr $132 0 $0.00 Subtotal Professional Services $2,096.00 B. Technical/Administrative Services a. Sr. CADD Designer Hr $165 8 $1,320.00 b. CADD Designer Hr $143 0 $0.00 c. Project Administrator Hr $71 0 $0.00 d. Clerical Hr 1 $55 0 $0.00 Subtotal Technical/Administrative Services $1,320.00 C. Reimbursables a. Lodging Day $164 0 $0.00 b. Per Diem Day $55 0 $0.00 c. Communications Fee 3% Labor 0.03 $2,096 $62.88 d. CADD Computer System Hr $15 $0 $0.00 e. Vehicle Rental & Fuel Day $150 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $34 $12.00 Subtotal Reimbursables $74.88 TOTAL ESTIMATED BUDGET: PHASE 02 $3,490.88 XL11275/IRC Budget Estimate_Cell1_Waste_Grades_FINAL Geosyntec Consultants 315 Table 3 BUDGET ESTIMATE EVALUATION OF DESIGN AND CURRENT WASTE GRADES, SEGMENT 3, CELL INDIAN RIVER COUNTY CLASS I LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 3: SITE INSPECTION VISIT ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260 10 $2,600.00 b. Principal Hr $245 0 $0.00 c. Senior Professional Hr $225 0 $0.00 d. Project Professional Hr $203 0 $0.00 e. Professional Hr $176 10 $1,760.00 f. Senior Staff Professional Hr $154 0 $0.00 g. Staff Professional Hr $132 0 $0.00 Subtotal Professional Services $4,360.00 B. Technical/Administrative Services a. Sr. CADD Designer Hr $165 0 $0.00 b. CADD Designer Hr $143 0 $0.00 c. Project Administrator Hr $71 0 $0.00 d. Clerical Hr 1 $55 1 0 $0.00 Subtotal Technical/Administrative Services $0.00 C. Reimbursables a. Lodging Day $164 0 $0.00 b. Per Diem Day $55 2 $110.00 c. Communications Fee 3% Labor $0 $4,360 $130.80 d. CADD Computer System Hr $15 0 $0.00 e. Vehicle Rental & Fuel Day $150 1 $150.00 f. 8"x11" Photocopies Each $0 0 $0.00 g. GPS day $80 1 $80.00 Subtotal Reimbursables $470.80 TOTAL ESTIMATED BUDGET: PHASE 03 $4,830.80 XL11275/IRC Budget Estimate_ Cell1_Waste_Grades_FINAL Geosyntec Consultants 316 Table 4 3�11�1� i ��Ii l ►�iT� � EVALUATION OF DESIGN AND CURRENT WASTE GRADES, SEGMENT 3, CELL INDIAN RIVER COUNTY CLASS I LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 4: DRAWINGS ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260 6 $1,560.00 b. Principal Hr $245 0 $0.00 c. Senior Professional Hr $225 4 $900.00 d. Project Professional Hr $203 0 $0.00 e. Professional Hr $176 16 $2,816.00 f. Senior Staff Professional Hr $154 0 $0.00 g. Staff Professional Hr 1 $132 0 $0.00 Subtotal Professional Services $5,276.00 B. Technical/Administrative Services a. CADD Designer Hr $165 54 $8,910.00 b. Senior Drafter/Senior CADD Operator Hr $143 0 $0.00 c. Project Administrator Hr $71 0 $0.00 d. Clerical Hr $55 0 $0.00 Subtotal Technical/Administrative Services $8,910.00 C. Reimbursables a. Lodging Day $164 0 $0.00 b. Per Diem Day $55 0 $0.00 c. Communications Fee 3% Labor 0.03 $5,276 $158.28 d. CADD Computer System Hr $15 0 $0.00 e. Vehicle Rental & Fuel Day $150 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3 6 $18.00 Subtotal Reimbursables $176.28 TOTAL ESTIMATED BUDGET: PHASE 04 $14,362.28 XL11275/IRC Budget Estimate_Cell1_Waste_GradeS_FINAL Geosyntec Consultants 317