HomeMy WebLinkAbout11/22/2022ERc\
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
TUESDAY, NOVEMBER 22, 2022 - 9:00 AM
Commission Chambers
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Susan Adams, District 1 Jason E. Brown, County Administrator
Joseph Flescher, District 2 Dylan Reingold, County Attorney
Joseph H. Earman, District 3 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Deryl Lear, District 4
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
Deacon Freddie Woolfork, Progressive Civic League of Gifford
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph H. Earman
3.A. OATH OF OFFICE BOARD OF COUNTY COMMISSIONERS
-The Honorable David C. Morgan will administer the Oath of Office for Commissioner Joseph
E. Flescher
-The Honorable Robert L. Pegg will administer the Oath of Office for Commissioner Deryl
Loar
3.11. ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
3.C. ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
November 22, 2022 Pagel of 5
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION
8. CONSENT AGENDA
8.A. Approval of a Memorandum of Understanding between Humane Society Vero
Beach & Indian River County Florida, Inc., and the Indian River County Board of
County Commissioners
Attachments: Staff Report
Humane Society MOU Extension Nov 2022
8.B. Treasure Coast Consulting, Inc. Assignment of Agreement re: RFP 2022059
Attachments: Staff Report
Agreement
Consent to Assignment of Agreement
8.C. FDOT Small County Outreach Program (SCOP) Supplemental Agreement No. 2 and
Authorizing Resolution Construction and Construction and Engineering Inspection
(CEI) Services for Milling and Resurfacing 6th Avenue from SR-5/US-1 to 21st
Street - Project No. IRC -1638, FM No. 438074-1-54-01
Attachments: Staff Report
Authorizing Resolution
FDOT Supplemental Agreement No. 2
8.D. FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement
No. 4 for 66th Avenue Roadway Widening (49th Street to 69th Street) FM No.
436379-1-54-01;436379-1-54-02 (IRC -1505)
Attachments: Staff Report
Authorizing Resolution
Supplemental Agreement
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
B. PUBLIC DISCUSSION ITEMS
10.B.1. Request to Speak from Bill Rigby re: Community Development Districts Due
Process
Attachments: Public Discussion Request B. Rigby
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
November 22, 2022 Paje 2 of 5
11.A. Medical Examiner Facility Interlocal Agreement
Attachments: Staff Report
Medical Examiner Facility ILA
11.B. Interim County Administrator --tabled from 11/8/22
Attachments: Staff Report
11.C. Preliminary 2023 Legislative Priorities
Attachments: Staff Report
State Legislative Program Draft
12. DEPARTMENTAL MATTERS
A. Community Development
12.A.1. Consideration of Kessel Medical, Inc's Request for a Local Jobs Grant
Attachments: Staff Report
Jobs Grant Application
Draft Jobs Grant Agreement
B.
Emergency Services
C.
General Services
D.
Human Resources
E. Information Technology
F. Office of Management and Budget
G. Public Works
12.G.1. Florida Department of Transportation (FDOT)Highway Maintenance
Memorandum of Agreement (MMOA) for CR510 (85th Street), FM No.
405606-7-52-01 (IRC -2230)
Attachments: Staff Report
Authorizing Resolution
Maintenance Memorandum of Agreement
H. Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A. Indian River County Committees - Member Reappointments
Attachments: Staff Report
Committee Members Term Renewal
221108 Non -Renewal Vacancies List - Term Exp 2023
14. COMMISSIONERS MATTERS
November 22, 2022 Page 3 of 5
A. Commissioner Deryl Loar
14.A.1. County Commissioners' Administrative Assistants' Assignments
Attachments: Commissioner's Memorandum
B. Commissioner Joseph H. Earman
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. Request for General Funds - PACE Project and Other Community Projects
FY2022-23
Attachments: Staff Report
Letter from Health Department
15.B.2. Work Order No. 18 to Geosyntec for Segment 3, Cell 3 Site Preparations
Attachments: Staff Report
Geosyntec Work Order No 18
C. Environmental Control Board
16. ADJOURNMENT
November 22, 2022 Page 4 of 5
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 22, 2022 Page 5 of 5
W
FA
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Honorable Board of County Commissioners
THROUGH: Jason E. Brown, County Administrator
FROM: David Johnson, Director
Department of Emergency Services
DATE: November 16, 2022
SUBJECT: Approval of a Memorandum of Understanding between Humane Society Vero
Beach & Indian River County Florida Inc., and the Indian River County Board of
County Commissioners
It is respectfully requested that the information contained herein be given formal consideration by
the Board of County Commissioners at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
On January 12, 2021 the Board of County Commissioners entered into an extension to
Memorandum of Understanding (MOU) with the Humane Society Vero Beach & Indian River
County Florida Inc., to provide animal shelter services, which commenced on May 1, 2021. The
parties have twice extended the MOU, which now expires on November 30, 2022. At this time,
both parties wish to extend the current MOU for a period of twelve (12) months, with all other
provisions of the MOU for Animal Shelter Services to remain in full force and effect.
FUNDING:
There is no direct cost for approving the Memorandum of Understanding. During the twelve (12)
month term, Indian River County shall pay a flat monthly fee of $43,000 for the services described
in the MOU, equaling a total of $516,000 annually. These funds are budgeted and available in
General Fund/Agencies/Humane Society, account number 00111062-088310.
ACCOUNT NAME
ACCOUNT NUMBER
ANNUAL AMOUNT
General Fund/Agencies/Humane Society
00111062-088310
1 $516,000.00
RECOMMENDATION:
Staff is recommending the Board approve and execute the Memorandum of Understanding for
Animal Shelter Services between the Humane Society of Vero Beach & Indian River County
Florida, Inc., and Indian River County Board of County Commissioners.
ATTACHMENTS:
1. Memorandum of Understanding between Humane Society Vero Beach & Indian River
County Florida Inc., and Indian River County Board of County Commissioners
1
EXTENSION TO MEMORANDUM OF UNDERSTANDING
FOR ANIMAL SHELTER SERVICES
THIS EXTENSION TO MEMORANDUM OF UNDERSTANDING FOR ANIMAL
SHELTER SERVICES ("Extension") is entered into as of this _ day of 92022,
by and between the Humane Society of Vero Beach & Indian River County, Florida, Inc. a Florida
not for profit corporation, whose address is 6230 77th Street, Vero Beach, Florida, 32967
("Society") and the Board of County Commissioners of Indian River County, a political
subdivision of the State of Florida, whose address is 1801 27h Street, Vero Beach, Florida, 32960
("County").
BACKGROUND RECITALS
A. On January 12, 2021, Society and County entered into an Extension to Memorandum
of Understanding for Animal Shelter Services, which commenced on May 1, 2021 and
lasts for twelve months; and
B. The parties have twice extended the Memorandum of Understanding, which now
expires on November 30, 2022; and
C. The parties wish to extend the Memorandum of Understanding for Animal Shelter
Services until November 30, 2023,
NOW THEREFORE, in accordance with the mutual covenants herein contained and other
good valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. The above background recitals are true and correct and are incorporated herein.
2. The Memorandum of Understanding for Animal Shelter Services is extended until
November 30, 2023.
3. All other provisions of the Memorandum of Understanding for Animal Shelter Services
shall remain in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Extension as of the date
first written above.
HUMANE SOCIETY OF VERO BEACH
& INDIAN RIVER, INC.
Signature of Authorized Officer
Authorized Officer (Print Name and Title)
Page 11
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
M.
Peter D. O'Bryan, Chairman
Date Approved:
Approved:
Jason E. Brown
County Administrator
ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
Deputy Clerk
Page 12
Approved as to form and legal sufficiency:
Dylan Reingold
County Attorney
sm
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
Department of General Services /
`f1,111t1»'� Parks & Recreation
Date: November 4, 2022
To: The Honorable Board of County Commissioners
Thru: Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
From: Beth Powell, Parks and Recreation Director
Subject: Treasure Coast Consulting, Inc. Assignment of Agreement re: RFP 2022059
BACKGROUND:
On August 16, 2022, the Board of County Commissioners awarded RFP 2022059 to Treasure
Coast Consulting, Inc. DBA Treasure Coast Concessions to provide mobile food concession
services outline in the RFP. The service areas include North County Aquatic Center, Dick Bird
(South County) Regional Park, Gifford Aquatic Center, the Intergenerational Center, and Fran B.
Adams (North County) Regional Park.
DESCRIPTION AND CONDITIONS:
On, October 4, 2022, staff received notification from Thomas Burger, Concessionaire (Treasure
Coast Consulting, Inc. DBA Treasure Coast Concessions), that the DBA had been assigned to
DeAquino Concessions, Inc. (DeAquino). The owners of DeAquino, Brandon DeAquino and Zoey
Patterson, were previously employees of Mr. Burger and conducted concession services at the
County facilities under this Agreement. With the DBA assignment and for other personal reasons,
Mr. Burger has requested that the Concession Agreement be assigned to DeAquino who now holds
the DBA for Treasure Coast Concessions, and who has purchased all business equipment necessary
to operate the concession business under DeAquino Concessions, Inc. All other provisions within
the Agreement will remain in effect.
FUNDING:
No funding is required for this Assignment of Agreement and there should be no affect to the
revenue produced through this Agreement.
RECOMMENDATION:
Staff respectfully requests that the Board of County Commissioners approve the Consent to
Assignment of Agreement to DeAquino Concessions, Inc. and authorize the Chair to execute the
same after review and approval by the County Attorney.
ATTACHEMENTS:
1. Agreement — Indian River County and Treasure Coast Consulting, Inc. DBA Treasure Coast Concessions,
dated August 16, 2022
2. Consent to Assignment of Agreement Between Indian River County, Treasure Coast Consulting, Inc., and
DeAquino Concessions, Inc.
APPROVED AGENDA ITEM FOR NOVEMBER 22, 2022
4
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 COUNTY) and Treasure Coast Consulting, Inc.
DBA Treasure Coast Concessions (hereinafter called CONCESSIONAIRE). COUNTY and CONCESSIONAIRE, in
consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1- WORK
Concessionaire shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
Concession services
ARTICLE 2 - THE PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part is generally described
as follows:
Project Name: Concession Services at County Recreation Facilities
RFP Number: RFP 2022059
Project Address: Primarily at the North County Aquatic Center ("NCAC") located at 9450 95th
Street (CR 512), Sebastian, Florida, Gifford Aquatic Center ("GAC") at 4895 43rd Ave, Vero Beach Florida,
Intergenerational Recreation ("IG") Facility located at 1590 9th Street SW, Vero Beach, Florida, and Dick Bird Park
at 800 20th Ave SW and Fran B. Adams Park at 9450 CR 512, Sebastian, Florida. Additional sites and events may be
added, as needed.
ARTICLE 3 - CONTRACT TERM
The term of this agreement is three years ("Initial Term"), with two one-year extensions ("Renewal Terms") subject
to CONCESSIONAIRE acceptance and determination renewal is in the best interest of the County. The parties rnay agree
to alter time periods and locations at which food service will be provided at one or more of the Parks during those
times of year when park attendance is low or minimal. The County shall make the ultimate determination in its sole
discretion as to whether Concessionaire is permitted to provide concession services on any County owned property.
ARTICLE 4 - PAYMENTS
Concessionaire shall pay the County a flat daily fee ("License Fee") by location, as detailed in their proposal and
summarized in the following table. The License Fee shall be due at the close of business by the 7"' business day of each
applicable month (the "Due Date"). License Fee payments will be made by business check and will be mailed or given
directly to the Indian River County Recreation Department, 1800 27th Street, Vero Beach, Florida 32960-03.10, on the
Due Date. Payment shall be past due after the 7th business day of each month, with a $10 penalty assessed for each
day payment is delinquent.
5
Facility
Daily Fee
Daily Schedule
—
Tournament Fee
(per day)
NCAC
$75
9 a.m.-4:30 p.m. daily during school breaks and
during swim meets and special Olympics
events; weekends only during school.
N/A
GAC
$20
_
5 days per week (weekdays)
N/A
iG
$30
Upon request
N/A
Dick Bird Park
$20
Upon request
$100
Commissioner Fran Adams Park
$20
Upon request
$100
ARTICLES —ACCOUNTING PROCEDURE
Concessionaire will provide a monthly worksheet for each location showing days worked and fee calculation, which
will be reviewed by County.
ARTICLE 6 - USE OF PREMISES
Concessionaire shall operate the Concession, which Concession shall be limited solely to the sale of menu items
approved by the Indian River County Parks and Recreation Director, or designee. No other goods or services shall be
offered or sold by the Concessionaire without the prior written approval of the Indian River County Parks and
Recreation Director, or designee. It is specifically agreed and understood that the use herein set forth shall be the only
use allowable under the Agreement and that any variance in such use shall require the written consent of the County.
The location of the Concession at each of the Parks shall be determined by the County in its sole discretion.
The Concession may not operate after the general hours of operation of the Parks unless the County provides
otherwise. Periodically, the North County Aquatic Center closes for swim meets and other private functions not open
to the general public, and Concessionaire agrees that Concession will not be open during those times, unless otherwise
agreed by the parties.
County may utilize, and/or allow patrons renting a facility to utilize, other food service vendors. Additionally, vending
machines are or may be in place at various sites, and will not be powered off, altered or blocked from use in favor of
Concessionaire.
Finally, patrons will not be prohibited from bringing their own food and beverages, unless in violation of the use
allowed at the facility.
ARTICLE 7 - DUTIES OF CONCESSIONAIRE
Concessionaire agrees as follows:
a. To maintain an inventory sufficient to satisfy the demands and needs of the public.
b. To secure and maintain all licenses, insurance, and permits required and to pay when due all taxes
and assessments which shall be imposed or assessed by governmental units in connection with the business or
operation conducted pursuant to the provisions of this Agreement and to otherwise comply with all applicable
laws, ordinances, rules, regulations, or policies established by the County or local, state and federal governmental
1.1
unit or authority.
C. To provide service to the public in accordance with an operating schedule approved by the Indian
River County Parks and Recreation Director, or designee, for the period of the Initial Term or Renewal Term, as
applicable, of this Agreement. Said schedule shall not be modified or altered without written approval of the
Indian River County Parks and Recreations Director, or his designee. The cost to purchase the food items shall be
posted and in full view of the public.
d. To maintain equipment in good working condition and appearance of equipment must meet
standards that will not conflict with the overall decorum of the Parks.
To have background checks completed on every new employee to ensure the safety of the public.
L To establish rules regarding customer service if and when required, subject to approval of the
Indian River County Parks and Recreation Director, or designee.
g. To maintain good public relations, to conduct said Concession in a manner which is courteous and
fair to the public and to be responsive to customer's requests and complaints.
h. To cooperate fully with County officials in all matters relating to the Concession and the recreation
complex of which they are a part.
To purchase and install any equipment required for operation of the Concession.
j. To notify the County immediately in writing of any potentially hazardous condition existing on or
about the Concession or the Parks.
ARTICLE 6 — DUTIES OF COUNTY
County agrees as follows:
Concession.
To make available to Concessionaire water and electricity connections for operation of the
To provide adequate collection and disposal of garbage by a dumpster located on site.
C. To provide access to the Parks during normal operating hours to the best of its ability, subject to
the right of the County or any other governmental authority to temporarily restrict or deny access to said facility
for the purpose of constructing, installing, operating or maintaining any public facility, including, but not limited
to, public works and public utilities, or for the purpose of performing any other governmental function. The Indian
River County Parks and Recreation Director, or his designee, shall administer the County's interest in said
Concession.
ARTICLE 9 — MISCELLANEOUS
10.1 Improvements. Concessionaire agrees that improvements made by him/her shall be at his/her expense
and shall have the prior written approval of the Indian River County Parks and Recreation Director, or designee,
7
and all regulatory agencies where applicable.
10.2 Indemnification and Insurance. Concessionaire shall defend, indemnify and hold harmless the County and
its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including
reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence,
intentional tort, breach of contract, or breach of applicable law by the Concessionaire, or its employees, agents,
subcontractors, or other persons or entities performing work under this Agreement.
The Concessionaire agrees to provide and maintain at all times during the Term , and if applicable, the
Renewal Term of this Agreement, without cost or expense to the County, policies of insurance generally known as
comprehensive general liability policies insuring the Concessionaire against any and all claims, demands, or clauses
of action whatsoever for the injuries received and damage to property incurred in connection with the use,
occupation and management or control of the property and any improvements thereon by Concessionaire. Such
policies of insurance shall insure the Concessionaire in the amount not less than $1,000,000.00 to cover any and
all liability claims arising in connection with any particular accident or occurrence. Such liability policies shall
provide that the County is an additional insured. The County shall be notified in writing of any reduction,
cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of such
action.
The Concessionaire shall provide the described insurance on policies and with insurers acceptable to the
County and licensed and authorized under the laws of the State of Florida. These insurance requirements shall not
relieve or limit the liability of the Concessionaire. The County does not in any way represent that these types or
amounts of insurance are sufficient or adequate to protect the Concessionaire's interest or liabilities, but are
merely minimums.
A certificate of insurance indicating that the Concessionaire has coverage in accordance with the
requirements of the Agreement shall be furnished by the Concessionaire to the Indian River County Parks and
Recreation, prior to commencement of operations in the Parks.
All personal property housed or placed at the Parks shall be at the risk of Concessionaire, and the County
shall have no liability for any damage or loss to any personal property located thereon for any cause whatsoever.
The Concessionaire agrees and understands that the County does not and shall not carry liability, fire, or theft
insurance on the operation of these facilities to cover the Concessionaire's interest therein. The Concessionaire
further agrees and understands that no storage will be made available for his/her use, unless a negotiated
monthly rent has been negotiated [if agreement is for Commissioner Fran B. Adams Park, NCAC or GAC].
10.3. Covenants Against Assignment and Subletting. The Concessionaire shall not assign any portion of the
Agreement nor allow same to be assigned by operation of law without the express written approval of the County
10.4 Independent Contractor. The Concessionaire shall perform the conditions of this Agreement as an
independent contractor and nothing herein shall be construed to be inconsistent with this relationship or status.
Nothing in the Agreement shall be in any way construed to constitute the Concessionaire or any of his agents or
employees as the agent, employee, or representative of the County.
10.5 Additional Locations. Upon written agreement by the parties, this Agreement may include additional
concession locations at various other county parks. The terms of this Agreement shall form the basis of any future
4
written document, notwithstanding that a different term, location, and hours of operation would apply.
10.6 Attorney's Fees. In the event of any legal action to enforce the terms of this Agreement each party shall
bear its own attorney's fees and costs.
10.7 Concessionaire 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. Concessionaire is also responsible for obtaining proof of E -Verify
registration and utilization for all subcontractors.
10.8 Governing Law. This Agreement shall be deemed to have been executed and entered into in the State of
Florida and this Agreement, and any dispute arising hereunder, shall be governed, interpreted and construed
according to the laws of the State of Florida.
10.9 Venue. Venue for any legal action brought by any party to this Agreement to interpret, construe or
enforce this Agreement shall be in a court of competent jurisdiction in and for Indian River County, Florida, and
any trial shall be non -jury.
10.10 Public Entity Crimes. 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 a public entity, and may not
transact business with any public entity in excess of Category Two for a period of thirty-six (36) month from the
date of being placed on the convicted vendor list. Concessionaire represents and warrants that no fact or
circumstance exists which constitutes a violation of the above prohibitions.
10.11 Modification. No modification of this Agreement shall be binding on the County or the Concessionaire
unless reduced to writing and signed by a duly authorized representative of the County and the Concessionaire.
10.12 Emergencies. in the case of a declared emergency in Indian River County by the Board of County
Commissioners, the County retains the right to immediately resume occupation, management, and maintenance
of the facility, to use the facility to meet any emergency needs of the citizens of Indian River County for the period
of that emergency and a reasonable period of time thereafter as deemed necessary by the County.
10.13 Force Majeure. Neither the County nor the Concessionaire shall be considered in breach of this
Agreement to the extent that performance of their respective obligations (excluding payment obligations) is
prevented by an Event of Force Majeure that arises after the effective date of this Agreement. An "Event of Force
Majeure" shall include, but not be limited to an act of God (such as, but not limited to, fires, explosions,
earthquakes, drought, tidal waves and floods); war, hostilities (whether declared or not), invasion, act of foreign
enemies, mobilization, requisition, or embargo; rebellions, revolution, insurrection, or military or usurped power,
or civil war; contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion
of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive nuclear assembly or
nuclear component of such assembly; riot, commotion, strikes, go slows, lock outs or disorder, unless solely
restricted to employees of any supplier or of its subcontractors; or acts or threats of terrorism.
10.14 Public Records Compliance. Indian River County is a public agency subject to Chapter 119, Florida Statutes
The Concessionaire shall comply with Florida's Public Records Law. Specifically, the Concessionaire 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 Concessionaire 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 Concessionaire or keep and maintain public records required by the County to perform the service. If
the Concessionaire transfers all public records to the County upon completion of the contract, the
Concessionaire shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Concessionaire keeps and maintains public records upon
completion of the contract, the Concessionaire 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 CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONCESSIONAIRE'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 32960
C. Failure of the Concessionaire to comply with these requirements shall be a material breach of this Agreement.
11: TERMINATION OF CONTRACT
This Agreement may be terminated by the County in its sole discretion and shall be effective immediately upon
written notice to Concessionaire. Upon termination of this Agreement, the Concessionaire shall immediately
remove any personal property. Any property not removed within five (5) days after termination shall become the
property of the County.
Concessionaire certifies that it and those related entities of respondent as defined by Florida law are not on the
Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not
engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more,
CONTRACTOR certifies that it and those related entities of respondent as defined above by Florida law are not on
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in
business operations in Cuba or Syria.
10
OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided
under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business
operations in Cuba or Syria, as defined by section 287.135, Florida Statutes.
OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned
subsidiaries, and parent companies, that exist for the purpose of making profit is found to have been placed on the
Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725,
Florida Statutes.
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 August 16, 2022.
OWNER:
s
y/0% CONCESSIONAIRE:
INDIAN RIVER COUNTY Treasure c,°J ^LFTs; Treasure Coast Consulting, Inc. DBA Treasure Coast
* �t1 ,Concession
By: yk�r ` By
Peter 8 an, Cha;y'' �> . ��� (Con ssion it
By: — v ""' (CORPORATE SEAL)
Jason E Br n, County Administrator
Attest
APPROVED AS TO FORM AND LEGAL FFICIENCY:
By:
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
Deputy Clem
(SEAL)
Designated Representative:
Name: Elizabeth Powell
Title: Parks and Recreation Director
Address: 1800 271h Street, Vero Beach, FL 32960
Phone: 772.226.1873
Email; bpowell@ircgov.com
tl
(If Concessionaire is a corporation or a partnership,
attach evidence of authority to sign.)
Designated Representative:
Name: Thomas J. Burger
Title: President
Address: 2585 Little Eagle Lane SW
Vero Beach, FL 32962
Phone: (772) 453-9322
Email: tjburger60@yahoo.com
11
12
CONSENT TO ASSIGNMENT
THIS CONSENT TO ASSIGNMENT (this "Consent") is made and effective this
day of November, 2022 by Indian River County ("County") in favor of DeAquino Concessions,
Inc., a Florida corporation ("DeAquino").
Whereas, County entered into an Agreement with Treasure Coast Consulting, Inc. DBA
Treasure Coast Concessions for Concession Services at county Recreation Facilities, effective
August 16, 2022 (the "Agreement"); and
Whereas, Treasure Coast Consulting, Inc. DBA Treasure Coast Concessions wishes to
assign the Agreement to DeAquino; and
Whereas, County is agreeable to the assignment of the Agreement to DeAquino,
NOW THEREFORE, in consideration of the mutual undertakings herein and other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties
agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Consent to Assignment. County consents to the assignment of the Agreement to
DeAquino.
3. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this instrument this _ day of November,
2022.
DeAquino Concessions, Inc.
By:
Printed Name:
Title:
Treasure Coast Consulting, Inc. DBA
Treasure Coast Concessions
By:
Thomas Burger, President
Page 1 of 2
13
INDIAN RIVER COUNTY, FLORIDA
, Chairman
Board of County Commissioners
Date Approved:
ATTEST: Jeffrey R. Smith
Clerk of the Court and Comptroller
Lo
APPROVED AS TO FORM:
Dylan Reingold, Esq.
County Attorney
Page 2 of 2
14
9(
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: Jill M. Williams, Contract Support Specialist
SUBJECT: FDOT Small County Outreach Program (SCOP) Supplemental Agreement No. 2
and Authorizing Resolution Construction and Construction and Engineering
Inspection (CEI) Services for Milling and Resurfacing 6th Avenue from SR-5/US-1
to 21st Street - Project No. IRC -1638, FM No. 438074-1-54-01
DATE: November 14, 2022
DESCRIPTION AND CONDITIONS
On April 13, 2021, the Board of County Commissioners approved a Small County Outreach Program
(SCOP) Agreement with the Florida Department of Transportation (FDOT) for the Construction and
Construction Engineering Inspection (CEI) Services for milling and resurfacing 6' Avenue from SR-5/US 1
to 21" Street (estimated total cost for the project was $2,039,152). The FDOT SCOP grant amount
approved was for $1,061,672 with the County's cost share estimated to be $977,480 and the agreement
was executed bythe FDOT on May 3, 2021. Supplemental Agreement No. 1 was approved by the Board
on June 14, 2022 to revise the project cost to $2,568,253.50 and increase FDOT funding by $400,000.
The FDOT has requested Indian River County execute and deliver to the FDOT SCOP Supplemental
Agreement No. 2 to update deliverables for CEI classifications for the project. A Resolution authorizing
the Board of County Commissioners to execute FDOT SCOP Supplemental Agreement No. 2 is requested
as well.
;<1►17Mo
Per the SCOP grant agreement, the County must fund the project and then request reimbursement of
the grant share from FDOT to a maximum amount of $1,461,672 of the total cost for the project.
Funding for the County's cost share in the amount of $1,106,581.50 of the cost is budgeted in Account
No. 10921441-066510-19008/Secondary Roads/6T" Avenue Resurfacing US1 to 21" Street.
RECOMMENDATION
Staff recommends the Board approve the Supplemental Agreement No. 2 (FM No. 438074-1-54-01) and
Resolution and authorize the Chairman to execute the same.
ATTACHMENTS
Authorizing Resolution
FDOTSmall County Outreach Program (SCOP) Supplemental Agreement No. 2 FM No. 438074-1-
54-01
APPROVED AGENDA ITEM FOR NOVEMBER 22. 2022
15
C:\Granicus\Legistar5\L5\Temp\03 ce01 c8 -48a 1-47b5-a752-5460b506df49.doc
RESOLUTION NO. 2022 -
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CHAIRMAN'S EXECUTION OF SMALL COUNTY OUTREACH PROGRAM (SCOP)
SUPPLEMENTAL AGREEMENT NO. 2 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR
CONSTRUCTION (MILLING AND RESURFACING) AND CONSTRUCTION ENGINEERING INSPECTION (CEI)
SERVICES FOR 6TH AVENUE FROM SR-S/US-1 TO 21ST STREET.
WHEREAS, the milling and resurfacing of 6th Avenue from SR5/US-1 to 2111 Street is an Indian
River County priority project; and
WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to
pay a portion of the cost for the construction (milling and resurfacing) and CEI of 6' Avenue from
SR5/US-1 to 21St Street, as well as minor drainage improvements and pavement markings under the
Small County Outreach Program (SCOP); 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, SCOP Supplemental
Agreement No. 2 to update deliverables for CEI classifications; 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, a Small County Outreach Program
Supplemental Agreement No. 2 for the aforementioned project.
The foregoing resolution was offered by Commissioner
motion was seconded by Commissioner
follows:
Susan Adams
Joseph E. Flescher
Joseph H. Earman
Deryl Loar
Laura Moss
who moved its adoption. The
and, upon being put to a vote, the vote was as
The Chairman thereupon declared the resolution passed and adopted this
, 2022.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
, Chairman
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
Deputy Clerk
Approved as to Form and Legal Sufficiency
William D. DeBraal, Deputy County Attorney
C AGranicusU.egi star5\L5\Temp\73 a98 ad7-a283 -463 c-967e-05e08ba53 75.doc
day of
lL
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE -FUNDED GRANT
SUPPLEMENTAL AGREEMENT
SUPPLEMENTAL NO.
CONTRACT NO.
G1 W57
FPN
438074-1-54-01
Recipient: Indian River County
This Supplemental Agreement ("Supplemental"), dated
525-010-60
PROGRAM MANAGEMENT
12/18
Page 1 of 1
arises from the desire to supplement the
State -Funded Grant Agreement ("Agreement') entered into and executed on May 3, 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:
The deliverables stated in Exhibit A in the Supplemental Agreement #1 dated June 16, 2022 are hereby deleted and
replaced with Exhibit A deliverables of this SA #2.
Reason for this Supplemental and supporting engineering and/or cost analysis:
Due to a Project review, the Deliverables need to be updated to include the proper CEI classifications.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
RECIPIENT:
Indian River County
By
Name:
Title:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Name: Steven C. Braun, P.E,
Title: Director of Transportation Development
Legal Review:
17
EXHIBIT A
DELIVERABLES
438074-1-54-01
6TH AVENUE FROM SR-5/US-1 TO 21ST STREET
Pay Item No.
Item Description
Quantity
Unit
01010
MOBILIZATION
1
LS
01021
MAINTENANCE OF TRAFFIC
1
LS
01041
EROSION CONTROL
1
LS
011011
STANDARD CLEARING AND GRUBBING
13.5
AC
**0110 4 10
REMOVAL OF EXISTING CONCRETE PAVEMENT/REMOVAL OF EXISTING
CONCRETE
1,220
SY
01201
REGULAR EXCAVATION
313
CY
01206
EMBANKMENT
156
CY
01604
STABILIZATION TYPE B
20
SY
02861
TURNOUT CONSTRUCTION/DRIVEWAY BASE - OPTIONAL MATERIALS
20
SY
0327 70 6
MILLING EXISTING ASPHALT PAVEMENT (1-1/2" AVG DEPTH)
39,457
SY
0337783
0337783
ASPHALTIC CONCRETE FRICTION COURSE (TRAFFIC C) (FC 12.5) (PG 76-
6-
22)
4,053.2
TN
0400011
CONCRETE CLASS NS, GRAVITY WALL
1.33
CY
**0425 6
VALVE BOXES, ADJUST
15
EA
0425 15 52
INLET TOP, REPLACE, DITCH BOTTOM INLET
1
EA
051512
PIPE HANDRAIL - GUIDERAIL,ALUMINUM
14
LF
0520110
CONCRETE CURB & GUTTER, TYPE F
879
LF
05222
CONCRETE SIDEWALKS & DRIVEWAYS, 6" THICK (3,000 PSI FIBERMESH
REINFORCED)
3,158
SY
05272
DETECTABLE WARNINGS
948
SF
0570 1 2
PERFORMANCE TURF, SOD (BAHIA)
1,533
SY
**0630 2 11
CONDUIT, FURNISH & INSTALL, OPEN TRENCH
3,044
LF
**0630 2 12
CONDUIT, FURNISH & INSTALL, DIRECTIONAL BORE
7,870
LF
**0632 7 1
SIGNAL CABLE - NEW OR RECONSTRUCTED INTERSECTION, FURNISH &
INSTALL
3
PI
**0633 1 123
FIBER OPTIC CABLE, F&I, UNDERGROUND, 49-96 FIBERS
12,918
LF
**0635 2 11
PULL & SPLICE BOX, F&I, 12" x 24" COVER SIZE
54
EA
**0635 2 12
PULL & SPLICE BOX, F&I, 24" x 36" COVER SIZE
25
EA
**0635 2 13
PULL & SPLICE BOX, F&I, 30" x 60" RECTANGULAR OR 36" ROUND COVER
SIZE
7
EA
0646111
ALUMINUM SIGNALS POLE, PEDESTAL
4
EA
0646112
ALUMINUM SIGNALS POLE, FURNISH & INSTALL PEDESTRIAN DETECTOR
POST
5
EA
0646160
ALUMINUM SIGNALS POLE, REMOVE
4
EA
0653111
PEDESTRIAN SIGNAL, FURNISH & INSTALL LED COUNTDOWN, 1 WAY
7
AS
0653112
PEDESTRIAN SIGNAL, FURNISH & INSTALL LED COUNTDOWN, 2 WAYS
4
AS
0653160
PEDESTRIAN SIGNAL, REMOVE PED SIGNAL-POLE/PEDESTAL TO REMAIN
9
AS
0665111
PEDESTRIAN DETECTOR, FURNISH & INSTALL, STANDARD
15
EA
0665140
PEDESTRIAN DETECTOR, RELOCATE
1
EA
0665150
PEDESTRIAN DETECTOR, ADJUST/MODIFY ON EXISTING POLE
1
EA
0665160
PEDESTRIAN DETECTOR, REMOVE-POLE/PEDESTAL TO REMAIN
8
EA
**0676 1 500
TRAFFIC SIGNAL CONTROLLER CABINET, ADJUST/MODIFY
3
EA
0700111
SINGLE POST SIGN, F&I GROUND MOUNT, UP TO 12 SF
20
AS
0700150
SINGLE POST SIGN, RELOCATE
6
AS
070611
RAISED PAVEMENT MARKER, TYPE B WITHOUT FINAL SURFACE
MARKINGS
699
EA
071090
PAINTED PAVEMENT MARKINGS, FINAL SURFACE
1
LS
071111123
THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR CROSSWALK AND
ROUNDABOUT
2,894
LF
071111125
THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINES AND
CROSSWALK
674
LF
071111160
THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL
71
EA
0711 11170
THERMOPLASTIC, STANDARD, WHITE, ARROWS
34
EA
07111124
THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR DIAGONALS AND
CHEVRONS
221
LF
0711 16101
THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SOLID, 6"
3.410
GM
0711 16131
THERMOPLASTIC, OTHER SURFACES, WHITE, SKIP, 6",10-30 SKIP OR 3-9
LANE DROP
0.032
GM
0771 16201
THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, SOLID, 6"
3.444
GM
0711 16231
THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, SKIP, 6"
0.112
GM
**1080 21108
UTILITY FIXTURE, VALVE BOX, FURNISH & INSTALL, 8"
41
EA
**0999 1
AS BUILT DRAWINGS (BY REGISTERED SURVEYOR)
1
LS
**999-25
FORCE ACCOUNT
1
LS
(**) = Non -Participating items
CEI CLASSIFICATIONS
Sr. Project Engineer
Project Administrator
Contractor Support Specialist
Sr. Inspector
Inspector
W
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: Jill M. Williams, Contract Support Specialist
SUBJECT: FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement
No. 4 for 66th Avenue Roadway Widening (491h Street to 69th Street) FM No.
436379-1-54-01;436379-1-54-02 (IRC -1505)
DATE: November 14, 2022
DESCRIPTION AND CONDITIONS
On May 7, 2019 the Board of County Commissioners approved Resolution No. 2019-034 and a
Transportation Regional Incentive Program (TRIP) Agreement with the Florida Department of
Transportation (FDOT) for the widening of 66th Avenue from a two-lane to a four -lane divided highway from
491h Street to 69th Street as well as for Construction Engineering Inspection (CEI) services with an estimated
cost of the project of $36,700,692.00. The FDOT TRIP grant amount was originally approved for
$4,747,018.00 with the County's cost share to be $31,953,674.00 and the agreement was executed by the
FDOT on May 22, 2019. Three Supplemental Agreements have been approved by the BCC and the FDOT,
revising the estimated cost of the project to $37,226,671.00 and increasing the grant amount total to
$18,613,335.00 for construction and CEI costs with the County's cost share to be $18,613,336.00 and
extending the completion time until December 31, 2023.
The FDOT has requested Indian River County execute and deliver to the FDOT Supplemental Agreement No.
4 to update the deliverables for CEI classifications for the project. A Resolution authorizing the Board of
County Commissioners to execute FDOT Supplemental Agreement No. 4 is requested as well.
FUNDING
There is no additional funding required for Supplemental Agreement No. 4. Funding for the project is
programmed into the 22/23 Capital Improvement Element, which is scheduled to be presented to the Board
on December 6, 2022.
Account Name
Account Number
Amount
Traffic Impact Fees/District 2 Roads/Construction
Progress/66th Ave/49th St - 69th St
10215241-066510-07806
$5,818,991.00
Optional Sales Tax/66th Ave/49th St - 69th St
31521441-066510-07806
$12,794,345.00
FDOT Grant Funding per FDOT TRIP Agreements
Reimbursable Amount
$18,613,335.00
Estimated Cost of Project:
$37,226,671.00
20
Page Two
FDOT TRIP SA No. 4 for 66`h Ave (IRC -1505)
For BCC Meeting November 22, 2022
RECOMMENDATION
Staff recommends the Board of County Commissioners approve FDOT Transportation Regional Incentive
Program (TRIP) Supplemental Agreement No.4 and Authorizing Resolution and authorize the Chairman to
execute the same.
ATTACH M FNTS
1. Authorizing Resolution
2. FDOTTRIP Supplemental Agreement No. 4 FM No. 436379-1-54-01 & 436379-1-54-02
APPROVED AGENDA ITEM FOR NOVEMBER 22, 2022
21
CAGranicus\Legistar51S.5\Tem,ti 2fa54e7-1004-4242-a905-cf5et75aa19d.doc
RESOLUTION NO. 2022 -
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
AUTHORIZING THE CHAIRMAN'S EXECUTION OF TRANSPORTATION REGIONAL INCENTIVE
PROGRAM SUPPLEMENTAL AGREEMENT NO. 4 WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR 66TH AVENUE ROADWAY WIDENING FROM 49TH STREET TO 69TH STREET FOR
CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES
WHEREAS, the widening of 66th Avenue from a two-lane to a four -lane divided highway from
49th Street to 6911 Street and all ancillary construction work is an Indian River County priority project;
and
WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to
pay a portion of the cost for the widening of 66' Avenue from a two-lane to a four -lane divided
highway from 49th Street to 69th Street and all ancillary construction work, as well as construction
engineering inspection (CIE) services under the Transportation Regional Incentive Program (TRIP); 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, Transportation
Regional Incentive Supplemental Agreement No. 4 for to update deliverables for CEI classifications;
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, Transportation Regional Incentive
Program Supplemental Agreement No. 4 for the aforementioned project.
The foregoing resolution was offered by Commissioner
motion was seconded by Commissioner
follows:
Susan Adams
Joseph E. Flescher
Joseph H. Earman
Deryl Loar
Laura Moss
who moved its adoption. The
and, upon being put to a vote, the vote was as
The Chairman thereupon declared the resolution passed and adopted this day of
, 2022.
BOARD OF COUNTY COMMISSSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
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
22
C:\Crranicus\Legistar5\L5 \Temp\fd5a22da-b62c-4dbc-9Oe2-628e46f38614.doc
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE -FUNDED GRANT
SUPPLEMENTAL AGREEMENT
SUPPLEMENTAL NO.
4
CONTRACT NO.
G1952
FPN
436379-1-54-01/02
Recipient: Indian River County
This Supplemental Agreement ("Supplemental"), dated
525-010-6D
PROGRAM MANAGEMENT
12/1;4
Page 1 of 1
arises from the desire to supplement the
State -Funded Grant Agreement ("Agreement') entered into and executed on May 22, 2019 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:
The deliverables stated in Exhibit A in the Supplemental Agreement #3 dated November 5, 2021 are hereby deleted
and replaced with the Exhibit A deliverables of this SA #4.
Reason for this Supplemental and supporting engineering and/or cost analysis:
Based on a project scope review, this supplemental updates the deliverables to include the CEI classifications necessary
for the project.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
RECIPIENT:
Indian River County
By:
Name:
Title:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Name: Steven C. Braun P.E.
Title: Director of Transpoertation Development
Legal Review:
23
EXHIBIT A
DELIVERABLES
66th AVENUE ROWADWAY WIDENING FROM 49TH STREET TO 69TH STREET
INDIAN RIVER COUNTY, FL
FM# 436379.1.54.01. 436379-1-54.02
(') = Non -Participating Items
(`) = Converting to Lump Sum
24
ITEM
ESTIMATED
NIT
UNIT
PHASE 1A: STA 294+93 TO STA 354+00
ROADWAY IMPROVEMENTS
101-1
MOBILIZATION
1
LS
102-1
MAINTENANCE OF TRAFFIC
1
LS
`102-14
TRAFFIC CONTROL OFFICER OFF DUTY
500
PH
'IRC 1
FIELD OFFICE
1
LS
104-2
PREVENT CONTROL & ABATEMENT OF EROSION AND WATER POLLUTION
1
LS
110-1-1
CLEARING AND GRUB13ING
1
LS
110-7-1
MAILBOX F&I
3
EA
120-1
REGULAR EXCAVATION
5801
CY
120-4
SUBSOIL EXCAVATION
1000
CY
120-5
CHANNEL EXCAVATION LAKE EXCAVATION
35755
CY
120-6
EMBANKMENT COMPACTED IN PLACE
89721
CY
121-70
FLOWABLE FILL
1011
CY
16OA
TYPE B STABILIZATION SHOULDER (LBR -40
82243
SY
285-7-09
OPTIONAL BASE BASE GROUP 09
64018
SY
286-1
TURNOUT CONSTRUCTION
619
SY
286-2
TURNOUT CONSTRUCTION - ASPHALT
135
TN
334-1-13
SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC C 1-3/4" THICK
6162
TN
337-7-82
TYPE FG -9.5 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC C, PG 76-22, PMA 1-1/4" THICK
4401
TN
339-1
MISCELLANEOUS ASPHALT PAVEMENT
56
TN
350-3-1
PLAIN CEMENT CONCRETE 8'
743
SY
400-1-2
CONCRETE CLASS I ENDWALLS
18
CY
425-1-351
INLET, CURB, TYPE P-5, ,10'
8
EA
425-1-361
INLET CURB. TYPE P-6 <10'
13
EA
425 -IASL
INLET, CURB, TYPE J-5, <10'
3
EA
IRC 3
CONFLICT STRUCTURE
2
EA
425-1-461
INLET, CURB, TYPE J-6 < 10'
4
EA
425-1-521
INLET, DITCH BOTTOM, TYPE C < 10'
6
EA
IRC2
CONTROLSTRUCTURE
3
EA
425-2-41
MANHOLES, P-7 < 10'
3
EA
425-2-71
MANHOLES J-7 < 10'
1
EA
425-2-72
MANHOLES J-7, > 10'
1
EA
425-2-73
MANHOLES J-7, PARTIAL
1
EA
430-175.118
PIPE CULVERT, OPTION MATERIAL, ROUND, 18"S/CD RCP
2356
LF
430-175-118A PIPE CULVERT. OPTION MATERIAL ROUND, 18"S/CD CAP
140
LF
430-175-124
PIPE CULVERT. OPTION MATERIAL. ROUND. 24"S/CO (RCPlI
1191
LF
430-175-124A
PIPE CULVERT, OPTION MATERIAL ROUND 24"S/CD CAP
60
LF
430-175-130
PIPE CULVERT. OPTION MATERIAL. ROUND. 30"S/CD RCP
1398
LF
430-175-130A PIPE CULVERT. OPTION MATERIAL, ROUND, 30"S/CD CAP
20
LF
430-175-136
PIPE CULVERT. OPTION MATERIAL, ROUND, 36"S/CD RCP
799
LF
430-175-142
PIPE CULVERT. OPTION MATERIAL, ROUND, 42"S/CD (RCP)
600
LF
430-175-148
PIPE CULVERT. OPTION MATERIAL ROUND. 48"S/CD RCP
392
LF
430-175-360
PIPE CULVERT. OPTION MATERIAL, ROUND, 48" X 76" S/CD RCP
197
LF
430-175-160
PIPE CULVERT. OPTION MATERIAL, ROUND, 60"S/CD RCP
80
LF
430-175-166
PIPE CULVERT OPTION MATERIAL ROUND 66" S/CD RCP
141
LF
430-175-175
PIPE CULVERT OPTION MATERIAL ROUND 72" S/CD RCP
64
LF
IRC 4
PIPE CULVERT, SCHEDULE 80 PVC ROUND, 8"
31
LF
430-982-125
MITERED END SECTION RCP 18"
18
EA
440-1-10
UNDERDRAIN WITH SOCK FILTER 4" DIAMETER
697
LF
440-1-10A
UNDERDRAIN WITH SOCK FILTER 8" DIAMETER
257
LF
440-7-34
UNDERDRAIN WITH SOCK FILTER 10" DIAMETER
27
LF
440-7-35
UNDERDRAIN WITH SOCK FILTER 12" DIAMETER
48
LF
514-71-2
PLASTIC FILTER FABRIC STABILIZAI ION
351
SY
520-1-7
CONCRETE CURB AND GUTTER TYPE E MODIFIED
368
LF
520-1-10
CONCRETE CURB AND GUTTER, TYPE F
24341
LF
522-2
CONCRETE SIDEWALK FIBER REINFORCED 6" THICK
5572
SY
`523-2
PATTERNED PAVEMENT CONCRETE NON -VEHICULAR AREAS
3160
SY
527-2
DETECTABLE WARNINGS
80
SF
530-3-3
RIPRAP, RUBBLE, BANK AND SHORE
1156
TN
5361-1
GUARDRAIL ROADWAY INCLUDES PIPE RAIL FULL LENGTH
1867
Lf
536-8
GUARDRAIL -BRI EANCHORINGASSEMBLY,FURNISH AND INSTALL
1
EA
53673
GUARDRAIL REMOVAL
280
LF
(') = Non -Participating Items
(`) = Converting to Lump Sum
24
EXHIBIT A
DELIVERABLES
66th AVENUE ROWADWAY WIDENING FROM 49TH STREET TO 69TH STREET
INDIAN RIVER COUNTY, FL
FM8d16179.1-5d-01 L4G379-7.6A.n9
(') = Non -Participating Items
(") Converting to Lump Sum 25
ITEM
ESTIMATED
QTYS
UNIT
536-82
GUARDRAIL ANCHORAGE- CONCRETE BARRIER WALL
3
EA
536-85-24
GUARDRAIL END ANCHORAGE ASSEMBLY- PARALLEL
3
EA
536-85-25
GUARDRAIL END ANCHORAGE ASSEMBLY- TYPE II
2
EA
IRC 5
FENCE, RELOCATE EXISTING
502
LF
550-10-222
FENCING TYPE B. 5.1-8A' WMNYL COATING
3325_
LF
550-60-214
FENCE GATE, TYPE B SINGLE, 18.1-20.00' OPENING
6
EA
570-1-1
PERFORMANCE TURF —,SOD 1 (BAHIA)
85449
SY
570-1-2
PERFORMANCE TURF -SOD 2 ST. AUGUSTINE
14680
SY
'COMBINED
LANDSCAPING
1
LS
'59070
IRRIGATION SYSTEM COMPLETE
1
LS
7001-5
SINGLE POST SIGN RELOCATED
2 1
AS
700-1-60
SINGLE POST SIGN. REMOVED
20
AS
700-20-11
SINGLE POST SIGN F81, GROUND MOUNT, UP TO 12 SF
27
AS
700-20-13
SINGLE POST SIGN F8i GROUND MOUNT 21-30 SF
4
AS
706-3
RETRO -REFLECTIVE PAVEMENT MARKERS BI-DIR AMBERIAMBER
880
EA
706-3A
RETRO -REFLECTIVE PAVEMENT MARKERS BI-DIR WIIITE/RED
445
EA
711-11-111
THERMOPLASTIC, STANDARD, WHITE, SOLID, 6"
4.09
NM
711-11-112
THERMOPLASTIC STANDARD WHITE SOLID 8"
0.513
NM
711-11-123
THERMOPLASTIC. STANDARD, WHITE, SOLID, 12"
683
LF
711-11-124
THERMOPLASTIC, STANDARD, WHITE. SOLID, 18"
715
LF
711-11-125
ITHERMOPLASTIC. STANDARD. WHITE, SOLID, 24"
136
LF
711-11-131
THERMOPLASTIC, STANDARD, WHITE SKIP, 6", 10.30 SKIP
2.132
GM
711-11-131A
THERMOPLASTIC STANDARD WHITE SKIP 6" 6-10 SKIP
2559
LF
711-14-170
THERMOPLASTIC STANDARD WHITE ARROW
28
EA
711-14-170A
THERMOPLASTIC, STANDARD. WHITE ARROW. U-TURN
23
FA
711-11-211
THERMOPLASTIC STANDARD YELLOW SOLID 6"
3.95
NM
711-11-224
THERMOPLASTIC. STANDARD. YELLOW, SOLID, 18"
202
LF
711-11-241
ITHERMOPLASTIC, STANDARD. YELLOW, DOTTED/GUIDELINEI6-10 GAP EXTENSION, 6"
1764
LF
'1050-11-224
12" PVC REUSE WATER MAIN
670
LF
'1050-11-424
12'DIP REUSE WATER MAIN
90
LF
•1080 1125
2" AIR RELEASE VALVE
1
EA
'IRC 6
CAP AND GROU 1 EXIS TING 12" REUSE MAIN
294
LF
'IRC 7
REMOVE AND DIPOSE OF EXISTING 12" AREAL REUSE MAIN AND PILINGS
1
LS
•IRCB
17"X28"MEIERBOX
2
EA
•1080-11-201
4" MECHANICAL JOINT GATE VALVE
2
EA
•108011 403
12"X12" TAPPING SLEEVE AND VALVE
2
EA
•1080-11-404
12" MECHANICAL JOINT GATE VALVE
2
EA
*IRC 9
FITTINGS
1
TN
0630 2 11A
2 - 2' PVC SIGNAL CONDUIT W196 -FIBER CABLE 50' COIL IN BOXES OPEN TRENCH
5562
LF
06302 12A
2 - 2" PVC SIGNAL CONDUIT W/ 96 -FIBER CABLE 50' COIL IN BOXES DIRECTIONAL DRILL
209
LF
06331 123
96 -FIBER CABLE W BRIDGE CONDUIT
129
LF
0635212
17" X 30" PULL BOX FOR FIBER OPTIC CABLE
9
EA
0635213
30"X48"SPLICE BOX FOR FIBER OPTIC
8
EA
'580-1-1
LANDSCAPE COMPLETE SMALL PLANTS
1
LS
'580-1-2
LANDSCAPE COMPLETE LARGE PLANTS
1
LS
'590 70
IRRIGATION SYSTEM COMPLETE
1
LS
BRIDGE IMPROVEMENTS
53TH STRFFT OVFR t ATFRAI. A' CANAL
11C-3
DEMOLITION AND REMOVAL EXISTING BRIDGE
i
LS
SUPERSTRUCTURE
4002-4
CLASS 11 CONCRETE FOR CLOSURE POURS BETWEEN DECK UNITS
15
CY
415-1-4
REINFORCING STEEL
990
LBS
12450-88-18A PRESTRESSED PRECAST DECK UNITS 18" X 4'-3" X 36'-0" 12 REQUIRED
432
LF
12450-88-188 PRESTRESSED PRECAST DECK UNITS 18" X 4'-6" X 36'-0" 2 REQUIRED
72
LF
460-70-2
ALUMINUM BICYCLE BULLET BARRIER RAILING
74
LF
521-5-1
CONCRETE TRAFFIC RAILING BARRIER- 32" F SHAPE
37
LF
521-5-4
CONCRETE TRAFFIC RAILING BARRIER- 32" VERTICAL SHAPE
37
LF
521-72-3
SHOULDER CONCRETE BARRIER WALL INDEX 410- CANTALEVER WALL
100
LF
SUBSTRUCTURE
400-2-5
CLASS II CONCRETE FOR PILE CAPS
76
CY
415-1-5
REINFORCING STEEL
12300
LBS
455-133-2
PRESTRESSED PILE 18" SQUARE X 70'-0" MINUMUM TEST PILE- ABUTEMENT 2 EA
140
LF
455-34-2
PRESTRESSED PILE 18" SQUARE X 55'-0" MINUMUM EST PILE- ABUTEMENT 19 EA
1045
LF
(') = Non -Participating Items
(") Converting to Lump Sum 25
EXHIBIT A
DELIVERABLES
66th AVENUE ROWADWAY WIDENING FROM 49TH STREET TO 69TH STREET
INDIAN RIVER COUNTY, FL
FM# 436379.1.54-01.436379-1.54.02
(') = Non -Participating Items
(") = Converting to Lump Sum
26
ITEM
ESTIMATED
UNIT
NIT
455-34-2A
PRESTRESSED PILE 14" SQUARE X 50'-0" MINUMUM EST PILE- ABUTEMENT 12 EA
600
LF
455-137
PILE DYNAMIC LOAD TESTING
1
LS
455-14-5
8" X 8'-0 X 12'-0" SHEET WALL 26 EA
312
LF
SYDI-XALKS
400-24A
CLASS II CONCRETE
8
Cy
4151 4A
REINFORCING STEEL
343
LBS
339-1
MISCELLANEOUS ASPHALT
8
TN
400-2-10
CLASS II CONCRETE
124
Cy
415-1-9
REINFORCING STEEL
19570
LBS
530-3-3
ROCK RUBBLE CANAL EXCAVATION AS RE U!RED SHALL BE INCLUDED IN THE COST ROCK RUBBLE
1232
TN
7152117
2" PVC CONDUIT
152
LF
(') = Non -Participating Items
(") = Converting to Lump Sum
26
EXHIBIT A
DELIVERABLES
66th AVENUE ROWADWAY WIDENING FROM 49TH STREET TO 69TH STREET
INDIAN RIVER COUNTY, FL
FMN 436379.1.54.01. 436379-1-54.02
(") = Non -Participating Items
(") = Converting to Lump Sum
27
ITEM
ESTIMATED
QTYS
UNIT
66TH AVENUE -OVER 'NORTH RELIEF' CANAL `
110-3
DEMOLITION AND REMOVAL OF EXISTING BRIDGE
1
LS
SUPERSTRUCTURE
"400-2-4
CLASS II CONCRETE FOR CLOSURE POURS BETWEEN DECK UNITS
59
CY
"415 -IA
REINFORCING STEEL
3546
IBS
"124508&15A
PRESTRESSED PRECAST DECK UNITS (15'X 4'-5"X 14'-W)(48 REQUIRED
672
LF
"1245068-168 PRESTRESSED PRECAST DECK UNITS 15" X 4'-8' X 14'-0')(4 REQUIRED
56
LF
"124508&15C
PRESTRESSED PRECAST DECK UNITS (18-X 4'-5-X 34'-0" 24 REQUIRED
816
LF
"124508&150
PRESTRESSED PRECAST DECK UNITS (18'X 4'-B" X 34'-0' 2 REQUIRED
68
LF
"460-70.2
ALUMINUM BICYCLE BULLET BARRIER RAILING
250
LF
"521-5-1
CONCRETE TRAFFIC RAILING BARRIER - (32"F SHAPE
125
LF
"521-54
CONCRETE TRAFFIC RAILING BARRIER - 32" VERTICAL SHAPE
125
LF
"46070-3
CONCRETE TRAFFIC RAILING BARRIER SHOULDER W/SPREAD FOOTING INDEX 410
75.33
LF
SUBSTRUCTURE
4002-5-
CLASS 11 CONCRETE FOR PILE CAPS -
216
CY
"415-1-5
REINFORCING STEEL
40298
LBS
"455-34-3
PRESTRESSED PILE 18" SQUARE X 75'-0" MINUMUM TEST PILE -ABUTMENT) 1 EA
75
LF
455-34-3A
PRESTRESSED PILE 18" SQUARE X 60'-0" MINUMUM(ABUTMENT) 33 EA
1980
LF
"455-3438
PRESTRESSED PILE I4'SQUAREX30'-O'MINUMUM VNING BEN 12 EA
360
LF
45534-3C
PRESTRESSED PILE 18" SQUARE X 100'-W MINUMUM frEST PILE- INTERMEDIATE BEN 1 EA
100
LF
455-343D
PRESTRESSED PILE 18' SQUARE X 60'-0" MINUMUM DEBRIS PILE- INTERMEDIATE BEN
120
LF
"455-34-3E
PRESTRESSED PILE 18" SQUARE X 85'-0" MINUMUM EST PILE- INTERMEDIATE- BE 41 EA
3485
LF
"455-13.3
8' X 8'-0 X 14'-W SHEET WALL
560
LF
SIDEWALKS AND MEDIANS
"4002AA
CLASS Ii CONCRETE
164
CY
"415-1-4A
REINFORCING STEEL
7252
LBS
APPROACH SLABS
"339-1
MISCELLANEOUS ASPHALT
524
SF
"4002-10
CLASS 11 CONCRETE
260
CY
"4151-9
REINFORCING STEEL-
57030
LBS
"5303-3
(ROCK RUBBLE) (CANAL EXCAVATION AS REQUIRED SHALL BE INCLUDED IN THE COST
OF THE ROCK RUBBLE)
1800
TN
"7152117
2" PVC CONDUIT
630
LF
57TH STREET OVER LATERAL A" CANAL
110-3
DEMOLITION AND REMOVAL OF EXISTING BRIDGE
1
LS
SUPERSTRUCTURE
460-70-2
ALUMINUM BICYCLE BULLETE BARRIER RAILING
41
LF
521-5-1
CONCRETE TRAFFIC RAILING BARRIER- 32" F SHAPE
41
LF
521-5-4
CONCRETE TRAFFIC RAILING BARRIER- 32" VERTICAL SHAPE
41
LF
521-72-3
SHOULDER CONCRETE BARRIER WALL INDEX 410- CANTALEVER VIALL
48
LF
SIDEWALKS
400-2-4
CLASS II CONCRETE
6
CY
415-1-9A
REINFORCING STEEL
2553
LBS
APPROACH SLABS
400-2-10
CLASS II CONCRETE
58
CY
4157-9
REINFORCING STEEL
11380
LBS
7152-117
4" PVC CONDUIT
156
LF
(") = Non -Participating Items
(") = Converting to Lump Sum
27
EXHIBIT A
DELIVERABLES
66th AVENUE ROWADWAY WIDENING FROM 49TH STREET TO 69TH STREET
INDIAN RIVER COUNTY, FL
FMif Al9A7QAAA.n1 AlR17Q.1.Se.n9
('j = Non -Participating Items
(") = Converting to Lump Sum
ITEM
ESTIMATED
QTYS
UNIT
PHASE 1B STA 354+00 TO STA 444+57.04
101-1
MOBILIZATION/DEMOBILIZATION
1
LS
102-1
MAINTENANCE OF TRAFFIC
1
LS
'102-14
TRAFFIC CONTROL OFFICER
500
PH
104-2
PREVENT CONTROL & ABATEMENT OF EROSION AND WATER POLLUTION
1
LS
110-1-1
CLEARING AND GRUBBING
86
AC
110-7-1
MAILBOX F&I
40
EA
120-1
REGULAR EXCAVATION
81595
CY
120-4
SUBSOIL EXCAVATION
3198
CY
120-5
CHANNEL EXCAVATION
890
CY
120-6
IEMBANKMENT
128124
CY
160-4
TYPE B STABILIZATION
123552
SY
285-709
OPTIONAL BASE BASE GROUP 9
108050
SY
286-1
TURNOUT CONSTRUCTION
2320
SY
327-70-01
MILLING EXISTING ASPHALT PAVEMENT (1" AVG. DEPT
118
SY
334-1-13
SUPERPAVE ASPHALTIC CONCRETE SP 12.5(TRAFFIC C 1.75"
11959
TN
337-7-82
TYPE FC -9.6 ASPHALT CONCRETE FRICTION COURSE TRAFFIC C PG 76-22, PMA 1-1/4" THICK
5980
TN
339-1
MISCELLANEOUS APSHALT PAVEMENT
34
TN
400-1-2
CLASS I CONCRETE ENDWALL
13
CY
400-2-2
CLASS II CONCRETE ENDWALL
126
CY
4004-1
REINFORCED CONCRETE BOX CULVERT 12' X 10'
72
LF
415-1-1
REINFORCING STEEL ROADWAY
6510
LB
425-1-351
INLET, CURB, TYPE P-5, <10'
32
EA
425-1-361
INLET, CURB TYPE P-6, <10'
20
FA
425-1451
INLET, CURB, TYPE J-5, 110'
6
EA
425-1-452
INLET, CURB, TYPE J-5. >10'
4
EA
425-1-452A
INLETS CURB PE J-5 >10' CONTROL STRUCTURE W/ INTERNAL WEIR
1
EA
425-1461
INLET, CURB. TYPE J-6 < 10'
11
EA
425-1-462
INLET CURB, TYPE J-6 > 10'
1
EA
425-1-521
INLET, DITCH BOTTOM, TYPE C < 10'
18
EA
425-1-521A
I INLET, DITCH BOTTOM, TYPE C < 10' CONTROL STRUCTURE W/ EXTERNAL SKIMMER
3
EA
425-1-531
INLETS DT BOT TYPE C MOD. <10' BACK OF SWK INLET
2
EA
425-1-541
INLETS, DITCH BOTTOM, TYPE D < 10'
2
EA
425-1-541A
INLETS DITCH BOTTOM), TYPE D < 10' CONTROL STRUCTURE W/ EXTERNAL SKIMMER
5
EA
425-1-543
INLETS DT BOT PED <10' / J BOTTOM
2
EA
425-1-559
INLETS DITCH BOTTOM PEE >10' CONTROL STRUCTURE W/ INTERNAL WEIR
2
EA
425-1-581
INLETS DT BOT TYPE H <10' CONTROL STRUCTURE W/ INTERNAL WEIR
1
EA
425-1-713
INLETS GUTTER ALLEY J -BOTTOM
1
EA
425-1-910
INLETS GUTTER CLOSED FLUME
1
EA
4262-61
MANHOLES, PA <10'
3
EA
425-2-71
MANHOLES (J-7) (<101) (CONFLICT STRUCTURE)
1
EA
425-2-72
MANHOLES, J-7 >10'
1
EA
430-175-115
PIPE CULVERT RCP ROUND 15"SS
433
LF
430-175-118
PIPE CULVERT RCP ROUND) (18"SS)
6981
LF
430-175-118A PIPE CULVERT CAP ROUND(18-SS)
120
LF
430-175-124
PIPE CULVERT RCP ROUND) (24"SS)
2367
LF
430-175-124A
PIPE CULVERT CAP ROUND(24-SS)
112
LF
430-175-130
PIPE CULVERT RCP ROUND(30-SS)
3419
LF
430-175.130A PIPE CULVERT CAP ROUND 0" SS
62
LF
430-175.136
PIPE CULVERT RCP ROUND) (36'SS)
2640
LF
430-175-136A PIPE CULVERT CAP ROUND(36-SS)
40
LF
430-175-142
PIPE CULVERT RCP ROUND) (42"SS)
115
LF
430-175-142A PIPE CULVERT CAP ROUND) (42"SS)
40
LF
430-175-148
PIPE CULVERT RCP ROUND(48-SS)
240
LF
430-175-148A
PIPE CULVERT CAP ROUND) (48"SS)
20
LF
430175-160
PIPE CULVERT RCP ROUND(60-SS)
1470
LF
430175-166
PIPE CULVERT RCP ROUND) (66"SS)
408
LF
430175-215
PIPE CULVERT ERCP 12" X 18' SS
60
LF
430-175-218
PIPE CULVERT ERCP 14" X 23" SS
239
LF
430175-236
PIPE CULVERT ERCP 29" X 45' SS
374
LF
430964-3
PVC PIPE 8") (SCH 80
1678
LF
430982-123ITERED
MEND SECTION CONC.I 15" CD
7
Eq
430-982-125
MITERED END SECTION CONC. 18" CD
15
EA
430982-623
jMfTERED END SECTION CONC. 12"X18" CD
2
EA
('j = Non -Participating Items
(") = Converting to Lump Sum
EXHIBIT A
DELIVERABLES
86th AVENUE ROWADWAY WIDENING FROM 49TH STREET TO 69TH STREET
INDIAN RIVER COUNTY, FL
FMH 436379-1-54-01. 436379-1-54-02
(') = Non -Participating Items
(") = Converting to Lump Sum
29
ITEM
ESTIMATED
QTYS
UNIT
430.982-625
MITERED END SECTION CONC. 14"X23" CD
7
EA
440-1-20
UNDERDRAIN
815
LF
440.1-60
ROCK DRAIN
640
LF
520-1-10
CONCRETE CURB & GUTTER TYPE F
26742
LF
520-1-11
CONCRETE CURB & GUTTER TYPE F MOD.
14915
LF
522-2
ICONCRETE SIDEWALK 6" THICK
13897
SY
527-2
DETECTABLE WARNINGS
187
SF
530.3-4
RIPRAP RUBBLE (F&I) (DITCH LINING
2163
TN
536-1-1
GUARDRAIL ROADWAY
581
LF
536-85-22
GUARDRAIL END ANCHORAGE ASSEMBLY MEL
2
EA
536-85-25
GUARDRAIL END ANCHORAGE ASSEMBLY PE 11
2
EA
536-85-30
GUARDRAIL END ANCHORAGE ASSEMBLY ET -2000
4
EA
550-10-110A
FENCING PEA 5.0' STANDARD
256
LF
550-10-1108
FENCING TYPE A 4.0' STANDARD
328
LF
550-10-220
FENCING PE B 6.0' STANDARD
661
LF
550-10-222
FENCING PE B 6.0' WITH VINYL COATING
4563
LF
550-1041 DA
FENCING WOOD 4.0' 3 RAIL SPLIT RAIL
267
LF
550-10-4106
FENCING(WOOD) 5.0' 3 RAIL SPLIT RAIL
696
LF
550-60-213
FENCE GATE PE 8 SINGLE 16.0' OPENING
1
EA
550-60-225
FENCE GATE PE B DOUBLE 24.0' OPENING
4
EA
550-60-912
FENCE GATE(WOOD) SINGLE 10.0' OPENING
1
EA
570-1-2A
PERFORMANCE TURF SOD BAHIA
175168
SY
'COMBINED
LANDSCAPING
1
LS
`590-70
IRRIGATION SYSTEM
1
LS
630-2-11A
CONDUIT OPEN TRENCH F & 1 2"
8100
LF
630-2-11B
CONDUIT OPEN TRENCH F) (21
8100
LF
633-1-123
FIBER OPTIC CABLE IF & i UNDERGROUND 49-96 FIBERS
9100
LF
633-2-31
FIBER OPTIC CONNECTION SPLICE
1728
EA
633-2-32
FIBER OPTIC CONNECTION TERMINATION
96
EA
635-2-12
PULL AND SPLICE BOX (F&I) (17" X 30" PULL BOX
16
EA
635-2-13
PULL AND SPLICE BOX (F&i) (30" X 48" SLACK BOX
3
EA
630-2-11
CONDUIT SIGNAL F & I OPEN TRENCH
370
LF
630-1-12
CONDUIT SIGNAL F & I DIRECTIONAL BORE
3520
LF
632-7-1
CABLE SIGNAL F & 1
2
PI
632-7-6
CABLE SIGNAL REMOVE INTERSECTION
1
PI
635-2-11
PULL BOX F & i(TRAFFIC SIGNAL
36
EA
639-1-111
ELECTRICAL POWER SERVICE SIGNALS ABOVE GROUND METER PURCHASED BY
2
AS
639-1-610
NEW L P WER SERVICE (SIGNALS) (ABOVE GROUND) (REMOVE)
1
AS
639-2-1
ELECTRICAL SERVICE WIRE F & I
639-3-11
ELECTRICAL SERVICE DISCONNECT F & I POLE MOUNTED
2
EA
641-2-12
PRESTRESSED CONC. POLE F & I PE P-11 SERVICE POLE
2
EA
641-2-80
PRESTRESSED CONC. POLE COMPLETE POLE REMOVAL
2
EA
646-1-11
ALUMINUM SIGNAL POLES PEDESTAL
10
EA
64931-105
MAST ARM F & I WIND SPEED 150 W10 BACKPLATES W/ LUMINAIRE ARM LENGTH 36'
1
EA
649-31-107
MAST ARM F & I WIND SPEED 150 W/O BACKPLATES W/ LUMINAIRE ARM LENGTH 46'
1
EA
649-31-108
MAST ARM F & I WIND SPEED 150 W/0 BACKPLATES W/ LUMINAIRE ARM LENGTH OD
3
EA
649-31-109
MAST ARM F & I WIND SPEED 150 W!O BACKPLATES W/ LUMINAIRE ARM LENGTH 70.5'
3
EA
650-1-14
TRAFFIC SIGNAL F & I 3 -SECTION 1 -WAY STANDARD POLYCARBONATE
12
AS
650-1-16
TRAFFIC SIGNAL IF & f ALUMINUM 4 -SECTION 1 -WAY
4
AS
650.1-18
TRAFFIC SIGNAL IF & I 5 -SECTION 1 -WAY STANDARD POLYCARBONATE
4
AS
653-1-11
PEDESTRIAN SIGNAL IF & i LED -COUNTDOWN 1 -WAY
12
AS
660-4-11
VEHICLE DETECTION SYSTEM F & I DEO CABINET EQUIPMENT)
2
EA
660-4-12
VEHICLE DETECTION SYSTEM F & I VIDEO ABOVE GROUND EQUIPMENT)
8
EA
665-1-11
PEDESTRIAN DETECTOR IF & I POLEIPEDESTAL MOUNTED
12
EA
670-5-111
TRAFFIC CONTROLLER ASSEMBLY F & I NEMA TYPE 5 ONE PREEMPTION PLAN
2
AS
670-5-600
TRAFFIC CONTROLLER ASSEMBLY REMOVE - CONTROLLER WITH CABINET
1
AS
682-1-133
ITS CCTV CAMERA F & DOME ENCLOSURE NON -PRESSURIZED IP HD
4
EA
684-1-1
MANAGED FIELD ETHERNET SWITCH F & I
2
EA
685-1-13
UNITERUPTABLE POWER SUPPLY F & I LINE INTERACTIVE
2
EA
700-5-22
INTERNALLY ILLUMINATGED SIGN F & 1 OVERHEAD MOUNT 12-18 SF
8
EA
700-1-1/
SINGLE POST SIGN IF & I LESS THAN 12SF
75
AS
700-2-12
MULTI -POST SIGN F & I LESS THAN 12 - 20 SF
4
AS
705-10-4
OBJECT MARKER TYPE 4
12
EA
7063
RETRO -REFLECTIVE, STD, WHITE, SOLID 6"
1811
EA
(') = Non -Participating Items
(") = Converting to Lump Sum
29
EXHIBIT A
DELIVERABLES
66th AVENUE ROWADWAY WIDENING FROM 49TH STREET TO 69TH STREET
INDIAN RIVER COUNTY, FL
FMN 436379-1-54-01.436179-1-54.02
CEI CLASSIFICATIONS
SR. PROJECT ENGINEER
PROJECT ADMINISTRATOR
ASSISTANT PROJECT ADMINISTRATOR
SRINSPBCTOR
INSPECTOR
INSPECTOR AIDE
CONTRACT SUPPORT SPECIALIST (CSS)
QUALITY CONTROL (QC) MANAGER
EARTHWORK CONSTRUCTICN INSPECTOR LEVEL
EARTHWORK CONSTRUCTION INSPECTOR LEVEL 2
ASPHALT PAVING TECHNICIAN LEVEL 1
ASPHALT PAVING TECHNICIAN LEVEL 2
30
ITEM
ESTIMATED
QTYS
UNIT
711-11-121
SOLID TRAFFIC STRIP 6" WHITE THERMOPLASTIC
35468
LF
711-11-122
SOLID TRAFFIC STRIP 8" WHITE THERMOPLASTIC
4501
LF
711-11-123
SOLID TRAFFIC STRIP 12" WHITE THERMOPLASTIC
1567
LF
711-1 t-124
SOLID TRAFFIC STRIP 18" WI'IITE TI IERMOPLASTIC
1230
LF
711-11-125
SOLID TRAFFIC STRIP 24" WHITE THERMOPLASTIC
470
LF
711-11-131
THERMOPLASTIC, STD, WHITE, SKIP (10'-30'), G"
14849
LF
711-11-141
THERMOPLASTIC STD WHITE, SKIP 2'-4'/6-10' 6"
4354
LF
711-11-160
THERMOPLASTIC ST WHITE MESSAGE
45
EA
711-11-170
THERMOPLASTIC, ST. WHITE ARROW
111
EA
711-11-221
THERMOPLASTIC, STD, YELLOW, SOLID 6"
42171
LF
711-11-224
SOLID TRAFFIC STRIPE 18" YELLOW) THERMOPLASTIC
1720
LF
711-11-241
TI IERMOPLASTIC, STD, YELLOW, SKIP 2'-4' / 6'-10' , G'
2471
LF
715-1-11
LIGHTING CONDUCTORS IF & I INSULATED, NO. 10 OR<
3735
LF
'570-1-2B
PERFORMANCE TURF SOD ST AUGUSTINE'FLORATAM'
16355
SY
'580-1-1
LANDSCAPE SMALL PLANTS
1
LS
'580-1-2
LANDSCAPE LARGE PLANTS
1
LS
'580-12-10
FLORA -MULCH 3" DEPTH
717
CY
'162-1-3
PREPARED SOIL LAYER SPECIAL DEPTH
1425
CY
'590-70
IRRIGATION COMPLETE
1
LS
BRIDGE IMPROVEMENTS
61ST STREET OVER LATERAL ',A' CANAL
110-3
REMOVAL OF EXISTING STRUCTURES/ BRIDGE
960
SF
400-24
CONCRETE CLASS II SUPERSTRUCTURE
9
CY
400-2-5
CONCRETE CLASS 11, SUBSTRUCTURE
136
CY
400-2-10
CONCRETE CLASS II APPROACH SLABS
99
CY
400-4-4
CONCRETE CLASS IV SUPERSTRUCTURE
23
CY
4_00_-148
PLAIN NEOPRENE BEARING PADS
2
CF
415-1-4
REINFORCING STEEL - BRIDGE SUPERSTRUCTURE
7390
LB
415-1-5
REINFORCING STEEL - BRIDGE SUBSTRUCTURE
9520
LB
4151-9
REINFORCING STEEL -APPROACH SLAB
20400
LB
450-3-14
PRESTRESSED SLAB UNITS, WIDTH 48", THICKNESS 18'
40
LF
450-3-24
PRESTRESSED SLAB UNITS WIDTH 60" THICKNESS 18"
515
LF
455-34-3
PRESTRESSED CONCRETE PILING, 18" SQ
1550
LF
455-143-3
TEST PILES -PRESTRESSED CONCRETE 18" SQ
150
LF
458-1-11
BRIDGE DECK EXPANSION .JOINT NEW CONSTRUCTION F 8 I POURED JOINT WITH BACKER ROD
138
LF
521-5-1
CONCRETE TRAFFIC RAILING- BRIDGE 32"F -SHAPE
82
LF
521-5-5
CONCRETE TRAFFIC RAILING- BRIDGE, 42" VERTICAL FACE
78
LF
65TH STREET OVER LATERAL A' CANAL
110-3
400-2-4
REMOVAL OF EXISTING STRUCTURE! BRIDGE _
CONCRETE CLASS II SUPERSTRUCTURE
960
9
SF
CY
400-2-5
CONCRETE CLASS II SUBSTRUCTURE
136
CY
400-2-10
CONCRETE CLASS II APPROACH SLABS
99
CY
400-4-4
CONCRETE CLASS IV SUPERSTRUCTURE
23
CY
400-148
PLAIN NEOPRENE BEARING PADS
2
OF
415-1-4
REINFORCING STEEL - BRIDGE SUPERSTRUCTURE
7390
LB
415-1-5
REINFORCING STEEL - BRIDGE SUBSTRUCTURE
9520
LB
415-1-9
REINFORCING STEEL -APPROACH SLAB
20400
L8
450-3-14
PRESTRESSED SLAB UNITS WIDTH 48" THICKNESS 18"
40
LF
450-3-24
PRESTRESSED SLAB UNITS WIDTH 60" THICKNESS 18"
515
LF
455-34-3
PRESTRESSED CONCRETE PILING 18" SQ
1560
LF
455-143-3
TEST PILES -PRESTRESSED CONCRETE 18" SO
150
LF
458-1-11
BRIDGE DECK EXPANSICN JOINT, NEW CONSTRUCTION F & I. POURED JOINT WITH BACKER RCD
138
LF
521-5-1
CONCRETE TRAFFIC RAILING- BRIDGE 32" F -SHAPE
82
1_F
521-5-5
CONCRETE TRAFFIC RAILING- BRIDGE 42" VERTICAL FACE
78
LF
'999-1
CONSTRUCTION LAYOUT/ RECORD/AS-BUILT DRAWINGS BY REGISTERED SURVEYOR
1
LS
CEI CLASSIFICATIONS
SR. PROJECT ENGINEER
PROJECT ADMINISTRATOR
ASSISTANT PROJECT ADMINISTRATOR
SRINSPBCTOR
INSPECTOR
INSPECTOR AIDE
CONTRACT SUPPORT SPECIALIST (CSS)
QUALITY CONTROL (QC) MANAGER
EARTHWORK CONSTRUCTICN INSPECTOR LEVEL
EARTHWORK CONSTRUCTION INSPECTOR LEVEL 2
ASPHALT PAVING TECHNICIAN LEVEL 1
ASPHALT PAVING TECHNICIAN LEVEL 2
30
/081
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:
PHONE: 772-501-4753
Community Development Districts Due Process
SUBJECT MATTER FOR DISCUSSION:
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? YES Yl NO
WHAT RESOLUTION ARE YOU
REQUESTING OF THE COMMISSION?
N/A
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES Z NO
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET THIS
REQUEST?
For HRC Staff only:
Transmitted to Administrator Via:
❑ Interactive Web Form
E -Mail
Hand Delivered
Phone
N/A
COUNTY ADMINISTRATOR:
MEETING DATE:
Jason E. Brown
Nov 1, 2022
31
/to
County Administrator's Matters
November 15, 2022
Office of the
INDIAN RIVER COUNTY
* * ADMINISTRATOR
�ORIp�
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: November 8, 2022
SUBJECT: Medical Examiner's Facility Interlocal Agreement
Backizround
The District 19 Medical Examiner serves a four -county region including; Indian River, St. Lucie, Martin
and Okeechobee counties. The Medical Examiner has identified deficiencies in the current facility which
limit the ability to continue to serve the growing needs of the four counties over the coming years. On
May 3, 2022, upon request from the Medical Examiner, the Board of County Commissioners adopted a
resolution supporting funding sources for the design and construction of a new facility for District 19.
The resolution further directed the County Administrator to enter into discussions with the other counties
to design and construct a new facility and support and submit requests for state and federal funding these
costs.
Discussion and Analysis
Pursuant to Board Direction on May 3rd, staff has coordinated with the other three counties, the Medical
Examiner's Office and Indian River State College on an interlocal agreement that would outline the
responsibilities of the parties for design and construction of a new facility for the Medical Examiner.
Indian River State College has agreed to lease a site for the new Medical Examiner Facility on campus
for two 30 -year terms for $1 per year. This will be executed as part of a separate lease agreement.
St. Lucie County has agreed to take lead in managing the design and construction of a new facility. This
will consist of three phases; a space needs analysis, design, and construction. Following completion of
the design phase, the counties will be provided with an estimated cost of construction which will lead to
32
County Administrator's Matters
November 15, 2022
development of construction budget for the project. The four counties will share in the facility costs
based upon a formula that is used for sharing operational expenses, and Indian River's share shall be
24.36% of the total cost.
Funding
The most recent cost estimate for this facility was approximately $20 million, which is subject to change
based upon the space needs analysis, design, and construction pricing at the time of construction. Staff
plans to include $5.5 million for our portion of design and construction costs in the upcoming Capital
Improvements Program that will be submitted to the Board in December. The FY 2022/23 budget
includes funding of $500,000 for the County's portion of the design costs. Local costs will be funded
from Optional Sales Tax. The four counties will also pursue legislative appropriations and grants to
offset the cost of the project.
Staff Recommendation
Staff recommends that the Board of County Commissioners approve the attached interlocal agreement
and authorize the Chairman to sign the agreement.
33
Eighth Draft Clean Version
11/07/2022
-1-
INTERLOCAL AGREEMENT
PROPOSED MEDICAL EXAMINER FACILITY
THIS IS AN INTERLOCAL AGREEMENT ("Agreement") by and between the MEDICAL
EXAMINER FOR THE 19TH JUDICIAL CIRCUIT ("ME"), the DISTRICT BOARD OF TRUSTEES OF
INDIAN RIVER STATE COLLEGE (the "Trustees"), and INDIAN RIVER COUNTY, MARTIN COUNTY,
OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that
collectively constitute the 19th Judicial Circuit (the "Counties") (the ME, Trustees, and the
Counties will be collectively referred to as the "Parties"), for the purpose of locating, designing,
permitting and constructing a new facility for the ME.
WHEREAS, the Trustees own approximately SO -acres of land located on Kirby Loop Road
in St. Lucie County that is currently occupied by the Treasure Coast Public Safety Training
Complex; and
WHEREAS, the ME has declared a need for a new medical examiner's office, as described
in and attached as Exhibit "A", to serve the residents of the Counties; and
WHEREAS, the Counties, on behalf of the ME, would like to receive by way of a long-term
lease, approximately 2 acres of Trustees owned land ("Property") for the construction of the and
operation of the new medical examiner's office and its related site improvements ("New
Improvements"); and
WHEREAS, the Parties recognize the benefit of the ME to the citizens of the Counties and
the students and faculty of Indian River State College; and
WHEREAS, Section 406.08(5), Florida Statutes, provides that autopsy and laboratory
facilities utilized by the district medical examiner or his or her associates may be provided on a
permanent or contractual basis by the counties within the district; and
WHEREAS, a Medical Examiner's Advisory Task Force that included representatives from
the Counties was created to review the ME's request for the New Improvements; and
WHEREAS, the Advisory Task Force has reviewed and supports the ME's request for a new
facility; and
WHEREAS, St. Lucie County is willing to serve as the contract manager in the procurement
process for the design and construction of New Improvements; and
WHEREAS, the Parties have determined that it is in the best interest of the health, safety
and welfare of the citizens of the Counties to support the design and construction of the New
Improvements as set out above.
34
Eighth Draft Clean Version
11/07/2022
-2-
NOW THEREFORE, in consideration of the mutual advantages afforded to the Parties, the
Trustees, the Counties, and the ME agree as follows:
1. General. This Agreement is entered into pursuant to Section 163.01, Fla. Stat., the
Florida Interlocal Cooperation Act.
2. Recitals. These Parties adopt and ratify those matters set forth in the foregoing recitals.
3. Lease of Trustees' Property. The Trustees agree:
a. To expeditiously negotiate a long-term lease of the Property with the Counties
and ME of not less than 30 years with a 30 -year renewal option.
b. The proposed lease shall be a separate document executed by all Parties.
c. The proposed lease shall include an annual rental fee of $1.
d. The proposed lease shall provide that the New Improvements become the
Trustee's facilities at end of the agreed upon lease term or upon the abandonment
of the use of the Property and New Improvements by the ME and the Counties
(the "Non -Trustees Parties").
e. To share with the Non -Trustees Parties all available property surveys,
explorations, assessments, and reports pertaining to the Property.
f. The State of Florida Building Code and the Florida Fire Prevention Code apply to
the new medical examiner's office on the Property. St. Lucie County shall
coordinate with the City of Fort Pierce and/or the Trustees on the approval
mechanism for the new medical examiner's office, as the property is located
within the jurisdiction of the City and on the property of the Trustees. To the
extent applicable, the Parties agree to request that the applicable agencies waive
impact fees as allowable by local ordinance or state law.
4. Budgets and Contract Administration.
a. Phased Approach and Overall Design
i. The Non -Trustees agree that the design of the New Improvements shall
proceed using a phased approach.
ii. Phase 1 shall be a Space Needs Analysis, which shall examine the ME's space
needs, provide conceptual planning for the medical examiner's office and its
related site improvements, and provide cost estimates.
35
Eighth Draft Clean Version
11/07/2022
-3-
iii. Phase 2 shall be preparing Preliminary and Final Construction Plans, Technical
Specifications, and refined cost estimates for the New Improvements and
obtaining permits needed to construct the New Improvements.
iv. Phase 3 shall be overseeing the construction of the New Improvements.
v. The Non -Trustees Parties agree that each of the Non -Trustee Parties will
review the building plans and St. Lucie County ("St. Lucie") will oversee the
site permitting and construction of the New Improvements, including
inspections, following the State of Florida building Code as provided herein.
vi. St. Lucie, for the benefit of the Non -Trustees Parties, shall competitively
procure an architect reasonably satisfactory to the Non -Trustees Parties (the
"Architect") in accordance with Florida Law and St. Lucie's Procurement
Policy. The Architect shall be responsible for, inter cilia, (1) developing a
Space Needs Analysis for the New Improvements (Phase 1); (2) developing
Preliminary Construction plans and Technical Specifications for the New
Improvements; (3) preparing Final Construction Plans, Technical
Specifications, and Bid Documents; (4) obtaining all permits, other than
building permits, needed to construct the New Improvements (items (2)
through (4) collectively referred to as Phase 2); (5) assisting the Counties in
evaluating the qualifications of potential bidders; (6) providing construction
and contract administration; and (7) performing construction inspections as
needed to provide certified as -built drawings after the New Improvements
are constructed (items (5) through (7) collectively referred to as Phase 3).
The Non -Trustees Parties shall participate in the procurement process for the
selection of the Architect. The Architects' proposals will be reviewed by a
five -member selection committee with one member appointed by the each
of the Non -Trustees Parties ("Selection Committee"). The Selection
Committee shall select and rank at least three (3) Architects from the
proposals submitted.
vii. Upon selection of the Architect, the Non -Trustees Parties agree that St. Lucie
shall be the contracting agency and shall be responsible for administration of
the Contract with the Architect. St. Lucie shall execute a contract with the
selected Architect (the "Architect's Contract") with terms as required by
Section 287.055 (5) and (6) Fla. Stat. The Non -Trustees Parties shall be named
as third -party beneficiaries in the Architect's Contract. Without limiting the
foregoing, the Architect's Contract shall require the Architect to procure
policies of insurance that relate to the Architect's Work, with terms, limits,
coverages, and specifications as required by St. Lucie, and the Non -Trustees
Parties shall be designated as named insureds on all applicable policies. St.
Lucie, through its Board of County Commissioners, shall have final approval
36
Eighth Draft Clean Version
11/07/2022
-4-
rights to the Architect's Contract; however, such rights are limited to whether
the Architect's Contract terms are fair, competitive, and reasonable.
viii. The Counties agree to support requesting state and federal funding to assist
in funding the cost of the Space Needs Analysis. To the extent state and
federal funding is not received or to the extent funding is received but a
funding shortfall exists, the Counties agree to fund the Space Needs Analysis
based on a formula in which the ratio of the number of autopsies performed
for each County in the previous year (A) to the number of autopsies
performed in the four counties in the previous year (B) is weighted by 50
percent, and the ratio of the number of deaths in each county in the previous
year (C) to the total number of deaths in the four counties in the previous
year (D) is weighted by 50 percent. The formula is expressed as (A/B x 0.5)
+ (C/D x 0.5) = respective County's share of expenses.
ix. Subject to the terms of the Agreement, the Counties agree to fund the Space
Needs Analysis (to the extent funding is required from the Counties), the
Preliminary and Final Construction Plans and Technical Specifications, and the
construction of the New Improvements based on the County share
calculation formula set out above for 2021 as follows:
St. Lucie 46.11%
Indian River 24.36%
Martin 22.42%
Okeechobee 7.11%
x. St. Lucie shall invoice the other Counties for the cost of the approved Space
Needs Analysis, the Preliminary and Final Construction Plans and Technical
Specifications, and the construction of the New Improvements based on the
County share calculation formula set out above. The other Counties shall
pay St. Lucie per the Local Government Prompt Payment Act.
xi. The County Administrator of each County, or his or her designee, shall be
the point of contact for matters related to the New Improvements
Construction Budget, as defined herein, and for change orders requiring
Non -Trustees Parties' approval.
b. Phase 1 Space Needs Analysis
i. Upon completion of the Architect selection process, the top -selected
Architect shall submit a scope of services and cost proposal to St. Lucie for
the Space Need Analysis and cost estimates ("Analysis"). The cost of the
Analysis will be determined during scope of work negotiations with the
37
Eighth Draft Clean Version
11/07/2022
-S-
top-selected Architect. St. Lucie shall provide copies of the Analysis
proposal to each of the Non -Trustees Parties. Each of the Non -Trustees
Parties shall have thirty (30) days to review the proposal and to provide
written approval, requests for changes, or disapproval. In the event one
or more of the Non -Trustees Parties requests changes or provides
disapproval of the Analysis proposal, the Non -Trustees Parties agree to
meet to negotiate an Analysis scope of services and cost proposal that is
acceptable to all the Non -Trustees Parties. If the Non -Trustees Parties
do not request changes or provide disapproval of the Analysis proposal,
the proposal shall be deemed approved.
ii. Should the negotiation with the top -selected Architect fail, the Selection
Committee shall repeat the negotiation process with the subsequently
ranked firm(s).
c. Phase 2 Design Components
Upon the completion of the final Space Needs Analysis, the Non -Trustees
Parties will be provided for approval an estimated cost to prepare the
Final Construction Plans, Technical Specifications, and refined cost
estimates and to obtain all required permits from the appropriate
jurisdictional agencies ("Phase 2 Design Components"). Upon approval
of the final Space Needs Analysis and the estimated cost of the Phase 2
Design Components, the Architect shall submit a scope and cost proposal
to St. Lucie for the Phase 2 Design Components. St. Lucie shall provide
copies of the Phase 2 Design Components scope/cost proposal to each
of the Non -Trustees Parties. Each of the Non -Trustees Parties shall
have thirty (30) days to review the proposal and to provide written
approval, requests for changes, or disapproval. In the event one or
more of the Non -Trustees Parties requests changes or provides
disapproval of the Phase 2 Design Components proposal, the Non -
Trustees Parties agree to meet to negotiate an Analysis scope of services
and cost proposal that is acceptable to all the Non -Trustees Parties. If
the Non -Trustees Parties do not request changes or provide disapproval
of the Phase 2 Design Components proposal, the proposal shall be
deemed approved.
ii. Upon approval by the Non -Trustees Parties on a Phase 2 Design
Components scope/cost from the Architect, St. Lucie shall authorize the
Architect to proceed with the Phase 2 Design Components. The Non -
Trustees Parties will review the Preliminary and Final Construction Plans,
Technical Specifications, and refined cost estimates at each milestone for
progress plan submittals negotiated as part of the Architect's approved
Eighth Draft Clean Version
11/07/2022
-6-
Phase 2 scope of services. The Non -Trustees Parties shall have thirty
(30) days to perform full reviews of each milestone for progress plan
submittals.
iii. St. Lucie will cooperate in good faith to assist Architect in obtaining all
permits required for the construction of the Work from all applicable
governmental authorities.
d. Phase 3 Construction
Upon the completion of the Phase 2 Design Improvements and the
approval of the final Phase 2 Design Components by the jurisdictional
agencies for site planning, the Non -Trustees Parties will be provided for
approval an estimated cost to construct the New Improvements (the
"New Improvements Construction Budget").
ii. Staff from the Counties shall discuss options to fund the New
Improvements Construction Budget. Those options shall include state
or federal funding, a County funding its share through that County's
budget, a County funding its share through the issuance of bonds by that
County, orthe Counties agreeing through a separate interlocal agreement
that one of the Counties will issue bonds (the "New Improvement Bonds")
that would be used to finance the New Improvements Construction
Budget and would be supported by each County's pledge to pay its share
of the debts service (based on the County share calculation percentage)
from a covenant to budget and appropriate or otherwise as determined
by each County.
iii. Nothing in this Agreement shall obligate the Counties to provide funding
for the construction of the New Improvements in excess of the approved
New Improvements Construction Budget. The approved New
Improvements Construction Budget shall be used to fund the New
Improvements only and for no other purpose.
iv. Upon approval of the New Improvements Construction Budget, St. Lucie,
for the benefit of the Non -Trustees Parties, shall, through a publicly
advertised competitive bidding or proposal process, in accordance with
Florida Law and St. Lucie's Procurement Policy, competitively procure a
contractor (the "Contractor") for the construction of the New
Improvements in accordance with the approved Phase 2 Design
Components (the "Work"). The Selection Committee shall review the
qualifications of the contractors' submitted bids/proposals and shall
recommend the selection of a contractor. St. Lucie shall execute a
�'
Eighth Draft Clean Version
11/07/2022
-7-
Construction Contract with the selected contractor including terms that
are fair, competitive, and reasonable and the terms set forth below, with
the selected contractor.
v. The Construction Contract shall, inter alia, include each of the following
requirements related to all work under the Construction Contract:
1. the furnishing of a public construction bond in a form consistent with
Section 255.05, Fla. Stat., with St. Lucie named as co -obligee;
2. retainage in an amount acceptable to St. Lucie forthe Work, until the
Completion of the Work (including a retainage of 5% of the total value
of the construction contract) and required at 50% completion as set
forth in Section 255.078, Fla. Stat.;
3. payment by the Contractor of liquidated damages for each day from
and after the Required Completion Date (if and as that term or its
equivalent is defined in the Construction Contract) until the actual
date of Completion;
4. a requirement that the Contractor perform and achieve Completion
of the Workfora Guaranteed Maximum Price orfixed stipulated sum,
by no later than the Required Completion Date;
5. the furnishing of an "installation floater" insurance policy or such
other policy of insurance covering goods in transit and while the
Work is being performed, with terms, limits, coverages and
specifications acceptable to St. Lucie;
6. the provision of an Owner's Contractor Protective policy of insurance,
including extensions for products and completed operations
coverage and similar extended coverage at least through Completion
(as defined herein) of the Work, or another policy of insurance
acceptable to St. Lucie, with the Counties as a named insured;
7. the Counties shall be named as a third -party beneficiary in the
Construction Contract.
5. New Improvements.
a. Phase 1 Space Needs Analysis
i. The Architect shall be provided an estimated forty-five (45) days from
receiving its Notice to Proceed to complete the draft Space Needs Analysis.
40
Eighth Draft Clean Version
11/07/2022
-8-
ii. Upon completion of the draft Space Needs Analysis, the Architect shall
prepare and deliver the draft Space Needs Analysis to the Non -Trustees
Parties. The Non -Trustees Parties shall have a period of thirty (30) days
from delivery of the draft Space Needs Analysis within which to review and
to provide written approval, request for changes, or disapproval the draft
Space Needs Analysis. None of the Non -Trustees Parties shall unreasonably
withhold its consent to the draft Space Needs Analysis. If any of the Non -
Trustees Parties request changes or disapproves the draft Space Needs
Analysis, that Non -Trustees Party shall state its grounds for the requested
changes or disapproval in reasonably written detail. In the event one or
more of the Non -Trustees Parties requests changes or disapproves of the
draft Space Needs Analysis, then all the Non -Trustees Parties agree to meet
as expeditiously as possible and attempt to address the requested changes or
to resolve the grounds for disapproval. If the Non -Trustees Parties do not
provide written requests for changes or disapproval within such thirty (30)
day period, the draft Space Needs Analysis shall be deemed approved.
iii.The Architect shall be provided an estimated twenty-one (21)days from
receiving its approval of the draft Analysis to complete the final Space Needs
Analysis.
iv. Upon completion of the final Space Needs Analysis, the Architect shall furnish
a copy of the final Analysis to the Non -Trustees Parties. The Non -Trustees
Parties shall have a period of thirty (30) days from delivery of the final Space
Needs Analysis within which to review and to provide written approval,
request for changes, or disapproval of the final Space Needs Analysis. None
of the Non -Trustees Parties shall unreasonably withhold its consent to the
final Space Needs Analysis except to the extent the final Space Needs Analysis
are materially inconsistent with the draft Space Needs Analysis. If any of
the Non -Trustees Parties requests changes or disapproves of the final Space
Needs Analysis, that Non -Trustees Party shall state its grounds for the
requested changes or disapproval in reasonably written detail. In the event
one or more of the Non -Trustees Parties requests changes or disapproves of
the final Space Needs Analysis, then all the Non -Trustees Parties agree to
meet as expeditiously as possible and attempt to address the requested
changes or to resolve the grounds for disapproval. If the Non -Trustees
Parties do not provide written requests for changes or disapproval within
such thirty (30) day period, the final Space Needs Analysis Study shall be
deemed approved.
b. Phase 2 Design Components
i. The Architect shall be provided an estimated thirty (30)days from receiving
41
Eighth Draft Clean Version
11/07/2022
-S-
its Notice to Proceed to complete the preliminary Phase 2 Schematic Design
Components.
ii. Upon completion of the Phase 2 Schematic Design Components in
accordance with the approved Space Needs Analysis, the Architect shall
prepare and deliver the Phase 2 Schematic Design Components to the Non -
Trustees Parties. The Non -Trustees Parties shall have a period of thirty (30)
days from delivery of the Phase 2 Schematic Design Components within
which to review and to provide written approval, request for changes, or
disapproval of the y Phase 2 Schematic Design Components. None of the
Non -Trustees Parties shall unreasonably withhold its consent to the Phase
2 Schematic Design Components except to the extent the Phase 2
Schematic Design Components are materially inconsistent with the final
Space Needs Analysis. If any of the Non -Trustees Parties requests changes
or disapproves of the Phase 2 Schematic Design Components, that Non -
Trustees Party shall state its grounds for the requested changes or
disapproval reasonably written detail. If the Non -Trustees Parties do not
provide written requests for changes or disapproval within such thirty (30)
day period, the Phase 2 Schematic Design Components shall be deemed
approved.
iii. The Architect shall be provided an estimated sixty (60) days from receiving its
approval of the preliminary Phase 2 Schematic Design Components to
complete the Phase 2 Design Development Components.
iv. Upon completion of the Phase 2 Design Development Components in
accordance with the approved Phase 2 Schematic Design Components, the
Architect shall prepare and deliver the preliminary Phase 2 Design
Development Components to the Non -Trustees Parties. The Non -Trustees
Parties shall have a period of thirty (30) days from delivery of the Phase 2
Design Development Components within which to review and to provide
written approval, request for changes, or disapproval of the preliminary
Phase 2 Design Development Components. None of the Non -Trustees
Parties shall unreasonably withhold its consent to the Phase 2 Design
Development Components except to the extent the Phase 2 Design
Development Components are materially inconsistent with the Phase 2
Schematic Design Components. If any of the Non -Trustees Parties requests
changes or disapproves of the Phase 2 Design Development Components,
that Non -Trustees Party shall state its grounds for the requested changes or
disapproval reasonably written detail. If the Non -Trustees Parties do not
provide written requests for changes or disapproval within such thirty (30)
day period, the preliminary Phase 2 Design Components shall be deemed
42
-10-
approved.
Eighth Draft Clean Version
11/07/2022
v. The Architect shall be provided an estimated thirty (30) days from receiving
its approval of the Phase 2 Design Development Components to complete the
Phase 2 (50%) Design Construction Documents Components.
vi. Upon completion of the Phase 2 (50%) Design Construction Documents
Components in accordance with the approved Phase 2 Design
Development Components, the Architect shall prepare and deliver the
Phase 2 (50%) Design Construction Documents Components to the Non -
Trustees Parties. The Non -Trustees Parties shall have a period of thirty (30)
days from delivery of the Phase 2 (50%) Design Construction Documents
Components within which to review and to provide written approval, request
for changes, or disapproval of the Phase 2 (50%) Design Construction
Documents Components. None of the Non -Trustees Parties shall
unreasonably withhold its consent to the Phase 2 (50%) Design
Construction Documents Components except to the extent the Phase 2
50% Design Construction Documents Components are materially inconsistent
with the Phase 2 Design Development Components. If any of the Non -
Trustees Parties requests changes or disapproves of the Phase 2 (50%)
Design Construction Documents Components, that Non -Trustees Party shall
state its grounds for the requested changes or disapproval reasonably written
detail. If the Non -Trustees Parties do not provide written requests for
changes or disapproval within such thirty (30) day period, the Phase 2
(50%) Design Construction Documents Components shall be deemed
approved.
vii. The Architect shall be provided an estimated forty-five (45) days from
receiving its approval of the Phase 2 (50%) Design Construction Documents
Components to complete the Phase 2 (100%) Design Construction
Documents Components.
viii. Upon completion of the Phase 2 (100%) Design Construction Documents
Components in accordance with the approved Phase 2 (50%) Design
Construction Documents Components, the Architect shall prepare and deliver
the Phase 2 (100%) Design Construction Documents Components to the Non -
Trustees Parties. The Non -Trustees Parties shall have a period of thirty (30)
days from delivery of the Phase 2 (100%) Design Construction Documents
Components within which to review and to provide written approval, request
for changes, or disapproval of the Phase 2 (100%) Design Construction
Documents Components. None of the Non -Trustees Parties shall
unreasonably withhold its consent to the Phase 2 (100%) Design Construction
Documents Components except to the extent the Phase 2 (100%) Design
43
Eighth Draft Clean Version
11/07/2022
-11-
Construction Documents Components are materially inconsistent with the
Phase 2 (50%) Design Construction Documents Components. If any of the
Non -Trustees Parties requests changes or disapproves of the Phase 2 (100%)
Design Construction Documents Components, that Non -Trustees Party shall
state its grounds for the requested changes or disapproval reasonably written
detail. If the Non -Trustees Parties do not provide written requests for
changes or disapproval within such thirty (30) day period, the Phase 2
(100%) Design Construction Documents Components shall be deemed
approved.
The Architect shall be provided an estimated thirty (30) days from
receiving its approval of the Phase 2 (100%) Design Construction
Documents Components to address/correct any approval comments to
the Phase 2 (100%) Design Construction Documents Components.
c. Phase 3 Construction
Promptly following the execution of the Construction Contract and the
issuance of all required approvals and permits, St. Lucie shall cause the
Contractor to commence the Work and to diligently and continuously pursue
the Work to Completion. The term "Completion" as used in this Section
shall mean the completion of the Work, as evidenced by the issuance of a
temporary or final certificate of occupancy or completion, as applicable, and
the completion of all "punch -list" items.
ii. There shall be no change to the Phase 2 Design Components, except pursuant
to an Authorized Change Order. As used in this Agreement, an "Authorized
Change Order" shall mean a written instrument initiated and prepared by the
Contractor and signed by St. Lucie and the Architect stating their agreement
of the following: (i) the agreed change in the Work; and (ii) the extent of the
adjustment in the New Improvements Construction Budget, if any. All
change orders initiated by the Contractor in excess of $20,000 shall be
provided to the Non -Trustees Parties by St. Lucie for review and approval
prior to being executed by St. Lucie. The Non -Trustees Parties have five (5)
business days to approve or disapprove the change order. St. Lucie shall
have a period of ten (10) business days following receipt of a request to
approve a change order within which to review and approve same. If St.
Lucie fails to respond within such ten (10) business day period after the
receipt of the proposed change order, then such proposed change order shall
be deemed approved provided, however, in no event shall the Counties be
obligated to pay any costs associated with change orders in the event such
Eighth Draft Clean Version
11/07/2022
-12-
costs cause the costs to exceed the New Improvements Construction Budget
without a separate written consent from the Counties identifying the
additional funds to be provided. Such separate written consent shall not be
deemed to have been provided by a County's failure to object to a change
order. St. Lucie shall have the absolute right to deny any change order
request that would cause the New Improvements Construction Budget to be
exceeded.
iii. The New Improvements Construction Budget shall be subject to increase
only as a consequence of Authorized Change Orders (as defined herein),
to the extent such Authorized Change Orders actually increase the New
Improvements Construction Budget; provided, however, that the
Counties obligations shall be limited to the New Improvements
Construction Budget as may be amended.
iv. The Non -Trustees Parties shall have the right to monitor the construction
progress of the New Improvements at all times and to attend project progress
meetings and shall be authorized to access the Property to perform site visits,
provided that the Counties shall not give direction, whether verbally or in
writing or otherwise, to any Contractor, Architect or consultant engaged by
St. Lucie except in an emergency situation.
6. Miscellaneous Provisions.
a. Any alteration, variation, modification, extension, renewal, or waiver of the
provisions of this Agreement shall be valid only when reduced to writing, duly
authorized and signed, by all parties, and attached to the original.
b. This Agreement shall be binding on the Parties hereto, their successor and assigns
when permitted.
c. This Agreement embodies the whole understanding of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein; and
this Agreement shall supersede all previous communications, representations, or
Agreements, either verbal or written, between the parties hereto.
d. This Agreement shall be filed with the Clerks of the Circuit Court of Indian River
County, Martin County, Okeechobee County and St. Lucie County, Florida, prior to
its effectiveness.
e. The Agreement may only be amended by a written document signed by all parties
and filed with the Clerks of the Circuit Court of Indian River County, Martin County,
Okeechobee County, and St. Lucie County, Florida.
W
-13-
B. NOTICE.
Eighth Draft Clean Version
11/07/2022
All notices or communications hereunder shall be in writing and shall be deemed duly
given if delivered in person or sent by certified or registered mail, return receipt
requested, first class, postage prepaid and addressed as follows:
IF TO IRSC:
Vice President of Financial Services and CFO
3209 Virginia Avenue
Fort Pierce, Florida 34982
IF TO MEDICAL EXAMINER:
Medical Examiner for District 19, Florida
2500 South 35th Street
Fort Pierce, Florida 34981
IF TO COUNTIES:
St. Lucie County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34982
With a copy to:
With a copy to:
With a copy to:
Indian River County Administrator
180127 th Street, Building A
Vero Beach, Florida 32960
Martin County Administrator
2401 S.E. Monterey Road
Stuart, Florida 34996
Okeechobee County Administrator
304 Northwest Second Street
Okeechobee, Florida 34972
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly
authorized officials on the dates stated below. This Agreement may be executed in
counterparts and each fully executed counterpart shall be deemed an original instrument.
M
Eighth Draft Clean Version
11/07/2022
-14-
DISTRICT BOARD OF TRUSTEES OF
WITNESS: INDIAN RIVER STATE COLLEGE
BY:
(SEAL) Date:
APPROVED AS TO FORM &
LEGAL SUFFICIENCY:
GENERAL COUNSEL
47
-15-
ATTEST:
Clerk
(SEAL)
Eighth Draft Clean Version
11/07/2022
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY:
Chair, Board of County
Commissioners
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
EK
-16-
ATTEST:
CLERK
Eighth Draft Clean Version
11/07/2022
BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
Chair, Board of County
Commissioners
APPROVED AS TO FORM &
LEGAL SUFFICIENCY:
COUNTY ATTORNEY
-17-
ATTEST:
Clerk
Eighth Draft Clean Version
11/07/2022
BOARD OF COUNTY COMMISSIONERS
OKEECHOBEE COUNTY, FLORIDA
BY:
Chair, Board of County
Commissioners
4ND
50
5:�
ATTEST:
Clerk
(SEAL)
Eighth Draft Clean Version
11/07/2022
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chair, Board of County
Commissioners
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
51
-19-
WITNESS:
Notary Public (and Seal)
Eighth Draft Clean Version
11/07/2022
MEDICAL EXAMINER DISTRICT 19,
FLORIDA
By:
Date:
52
116
County Administrator's Matters
November 8, 2022
RvER �
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: November 1, 2022
SUBJECT: Interim County Administrator
Per Board direction at the November 1, 2022 County Commission Meeting, staff is asking for the Board
to continue discussion regarding selection of an interim county administrator.
53
0L
�N ER c
, Office of the
2-1 INDIAN RIVER COUNTY
* * ADMINISTRATOR
OR10
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 16, 2022
SUBJECT: Overview — Preliminary 2023 Legislative Priorities
BACKGROUND
On November 1, 2022, in preparation for the 2023 Florida legislative session, the Commission approved
participation in a Four -County Commission meeting to discuss legislative priorities with fellow
Commissioners from Martin County, St. Lucie County and Okeechobee County. The meeting will be held
on 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.
Each County will present their preliminary legislative priorities and Commissioners will have the
opportunity to identify and discuss issues of mutual interest that may warrant united support. There will be
no votes taken at this meeting.
Additionally, the Florida Association of Counties (FAC) will be holding their annual Legislative
Conference November 30" through December 2. At this conference, various policies will be up for
consideration by the FAC.
The presentation today will highlight legislative priorities identified by staff. Some of these items may be
discussed at the Four County Commission meeting or the Legislative Conference. This is an early
opportunity for the Board to provide guidance to staff and to make any additions and/or deletions to the
overall package deemed appropriate. Following these two events, and considering additional updates on
issues that may be addressed during the 2023 Legislative Session, staff will present a proposed Final 2023
Legislative Priority list to the Board for consideration.
54
RECOMMENDATION
Staff recommends that the Indian River County Board of County Commissioners accept the Preliminary
Legislative Package, with any changes as deemed appropriate by the Board, with the understanding these
priorities might be revised following the Four County Commission meeting, the FAC Legislative
Conference, and as time draws closer to the beginning of legislative session.
ATTACHMENT
Preliminary 2023 Legislative Priorities Presentation
/KC
6-1
I
diSlative Prod
OUTLINE
2023 Florida Legislative Session
• Important Dates 3
• Delegates 4
• Guiding Principles 5
• State Appropriations Requests 6
• Project Pages
• 8th St Stormwater 7
• Emergency Operations Center 8
• Traffic Operations Center 9
• Medical Facility 10
. Legislative Priorities
• Indian River Lagoon 11
• Legislative Priorities 12
• Beach Restoration and Renourishment 13
• Additional Legislative Priorities 14
• Concerns
• Finance and Tax Policies 15
• Administration Policies 17
• Health, Human Services and Public Safety Policies 18
• Environmental Resources and Water Policies 19
• Growth Management and Infrastructure Policies 20
Important Dates
2022
Tuesday, November 22 Organizational Session
Wednesday November 30 - Friday, December 2
FL Assoc. of Counties, Legislative Conference
Hilton St. Petersburg Bayfront
Monday, December 12 - Friday, December 16
2023
Tuesday, January 3 -
Friday, January 6
Tuesday, January 17 - Friday, January 20
Monday, January 23 -
Friday, January 27
Monday, February 6 -
Friday, February 10
Monday, February 13
- Friday, February 17
Monday, February 20
- Friday, February 24
Tuesday, March 7
Wednesday, March 14 - 16
Special Session
Committee Meetings
Committee Meetings
Committee Meetings
Committee Meetings
Committee Meetings
Committee Meetings
Regular Legislative Session Convenes
Chamber of Commerce Legislative Day (15th)
Host Hotel: Doubletree Downtown Tallahassee
Wednesday, March 15
FL Assoc. of Counties, Legislative Day
FSU Turnbull Conference Day - Tallahassee
Friday, May 5 Final Day of Session
2023 Florida Legislative Session %
The 2023 Florida Legislative Session will convene in Tallahassee, on
Tuesday, March 7, 2023 and will run through Friday, May 5, 2023
fliw 11101
.,
6
Guiding Principles
Overarching principles guide the State Legislative Program for Indian River County
(IRC).
Support - County Home Rule. The Indian River County BCC supports main-
taining the integrity of county home rule power, both administrative and fis-
cal, and views this authority conferred to Florida counties by Article VII, Sec-
tion 1(f) and 1(g) of the Florida Constitution (1968), and by section 125.01,
Florida Statues, as vital to developing and implementing community-based
solutions to local problems.
Oppose - Preemptive Legislation. The Indian River County BCC opposes any
effort to preempt locally elected officials from making fiscal and public policy
decisions on behalf of the citizens they represent.
Oppose - Unfunded Mandates. The Indian River County BCC opposes any leg-
islation or any other proposal that would shift costs for providing services,
programs or benefits from the state to the Local level, without concurrence
by the impacted local government.
Oppose - "One Size Fits All" Solutions. The Indian River County BCC opposes
any proposed solutions that add or shift costs from the State to the(ocal lev-
el.
5
Project Description with Costs
8th Street Stormwater Treatment & Storage Area
(Located along the Lateral C Canal at 8th Street & 74th Avenue)
=> State Requested Funds - 1,875,000 (30%)
=> Total Project costs - 6,250,000
Indian River County Emergency Operations Center Expansion
=> State Requested Funds - 2,610,00 (30%)
=> Total Project costs - 8,700,000
Indian River County Traffic Operations Center
=> State Requested Funds - 1,125,000 (25%)
=> Total Project costs - 4,500,000
District 19 Medical Examiner Facility
=:> State Requested Funds - 1,000,000
61
! R
z
6
PROJECT DESCRIPTION
Construct a water storage/pollutant removal system (stormwater park) on an unimproved 38.35- acre parcel,
owned by the County, located at 7205 8`h Street, Vero Beach, FL 32968. The primary goal of the proposed
system is to improve water quality in the Indian River Lagoon by addressing the Total Maximum Daily Loads
(TMDLs) identified in the Central Indian River Lagoon's Basin Management Action Plan (BMAP).
The conceptual design calls for construction of a water storage/treatment pond on the former agricultural
property. A portion of the stormwater flow from the Indian River Farms Water Control District (IRFWCD)
Lateral C drainage canal will be diverted into the created pond for storage and treatment prior to ultimate
discharge into the Lagoon. Utilizing a constructed pump station, stormwater from the Lateral C canal will be
brought onto site where aquatic vegetation will be used to naturally uptake phosphorus and nitrogen, lowering
the concentrations before returning the water by controlled releases back to the canals before finally
discharging into the Lagoon.
The pond will also function as a storage pond during heavy rain events with water released during drier times,
reducing the pulse discharges to the Lagoon.
Benefits
• Reduction of pollutant loading to the Indian River Lagoon
(consistent with FDEP type projects favorable for their
environmental benefits).
• Flexibility in management of pulsed discharges to the Lagoon.
Ability to hold water in the storage pond during heavy rain events,
and actively manage the pond's levels and the riming of releases
back to the network of canals, reducing potential impacts to the
Lagoon.
• Compliance with BMAP. While not completely quantifiable at this
time, the proposed project will be eligible for total nitrogen and
total phosphorus BMAP credits.
Total Project Cost
$6,250,000
Appropriations Request
$1,875,000 (30%)
PROJECT DESCRIPTION
Construction of a 10,000 square -foot, two-story addition to the existing single -story
Emergency Operations Center (EOC) located at 4225 43rd Avenue, Vero Beach, FL, 32967.
The current facility, constructed between 2006-2007, is significantly undersized for the
County's growing population and increased emergency response needs.
The EOC renovation/expansion will occur on the north side of the existing facility. It will be
constructed using the latest Florida Hurricane Building Codes to ensure the resiliency of the
investment into the future.
The expansion will include facilities and bunk rooms necessary for overnight operations and
communications during storm and other emergency events.
Benefits
The County's Emergency Operations Center (EOC) provides dispatch/response/recovery during
emergency events for a population of 161,000. The added construction will provide a
centralized location for Emergency Management Services (EMS) management and staff, training
areas, and safe storage for critical Fire Rescue personnel's equipment. The construction
addition provides for expanded EOC operations capability during the preparation, response
(during onslaught) and recovery stages of emergency events. The ability to co -locate County
staff and essential partners staff during an emergency event greatly increases the efficiency of
response and recovery.
This project contributes to the "National Preparedness Goal" as outlined by FEMA and the on-site
electrical charging stations will reduce IRC's carbon emissions. Training facilities, and increased
response and recovery times impact efficiencies of resources regionally as all resources are
pooled during declared disasters.
Total Project Cost
$8,700,000
Appropriations Request
$2,610,000 (30%)
63
PROJECT DESCRIPTION
This is a construction project which will include demolition of an existing facility built
prior to the adoption of Florida Hurricane Building codes for wind speeds.
Requested dollars are anticipated to cover demolition of the existing facility and
construction of the protective, hardened facility. Demolition and rebuild is preferred
over relocation because this site is in close proximity to the existing Emergency
Operations Center.
This project is construction ready with the local match identified.
Benefits
The new facility will allow for multi -jurisdictional traffic control system efficiently
following an emergency/disaster event. Further, the project will enhance the protection
of tax payers invested dollars in equipment that provides for county -wide traffic
signaling and coordination, central monitoring, increased signal efficiency, reduced
traffic congestion and increased safety. A hardened building will allow for the pre -
staging of equipment necessary for the rapid response and will optimize the Traffic
Team's ability to deploy such equipment and staff following an emergency event greatly
increasing the County's ability to maintain consistency and continuity in traffic flow, and
to reduce congestion and travel hazards.
FA"sTEEYAPp:
TW
�V Fti •Mry'Fi •:.':YY �.
Total Project Cost
$4,500,000
Appropriations Request
$1,125,000 (25%)
M,
9
PROJECT DESCRIPTION
Planning and design funding ($1,000,000) for a new District 19 Medical Examiner Facility to
be located on the Indian River State College main campus in Ft. Pierce, Florida. Currently
the Medical Examiner operates in leased space, built in the 1970s and located on the Indian
River State College main campus. The current facility has been deemed beyond
rehabilitation.
The match for this request is proposed to be jointly shared by four counties: St. Lucie,
Martin, Okeechobee and Indian River.
The combined cost share commitment is based on the percentage of use. Based on the
percentage of use, each county's financial commitment equals approximately $265,250.
Additionally, Indian River State College Board of Trustees has agreed to provide a long-term
lease of two acres of Trustee owned land for the new facility.
Benefits
The District 19 Medical Examiner building is not only dilapidated creating health and safety
issues, the space is undersized for this region's existing and growing population. A newly
constructed and modernized facility will substantially upgrade service to citizens in this region
, providing dignity to the deceased and their families. It will also better assist the State
Attorney's Office in their criminal prosecution and ensure timely determinations in accordance
with Florida Statute Chapter 406.
Funding assistance with the planning and design of a new District 19 Medical Examiner
Facility is timely and critical to the expedition of a newly constructed facility on the land
designated by the College.
Dostrict 19
Indian River
Martin
Okeechobee
St. Lucie
i nodi ani
P_ry e
St.
Lucie
Martin
10
Legislative Priorities
Indian River Lagoon
The 156 -mile -long Indian River Lagoon is one of the most biodiverse ecosystems in the
nation and is a treasure for the State of Florida. The Lagoon provides an economic benefit
by promoting tourism and creating recreational opportunities for residents. The Lagoon is
also an important element in the protection of our environment, including endangered and
protected plant and animal populations.
The County hopes to continue its partnership with the State of Florida to implement projects
that will reduce the nutrient load in the Lagoon so future generations can enjoy this natural
wonder.
Position: Indian River County BCC SUPPORTS policies that will enhance the economic wellbe-
ing of Indian River County by treating and monitoring the health of the Lagoon; and SUP-
PORTS funding for projects, including septic to sewer conversions, that will aid in protection
of the Lagoon.
M.
11
Legislative Priorities
_\LOR►D%_
Beach Restoration and Renourishment
The Florida Department of Environmental Protection (FDEP) has a Beach Management
Funding Assistance Program to protect and restore the state's beaches. Erosion leaves
miles of beaches, public infrastructure and upland development vulnerable to future storm
events as well as impacting tourism. Currently, beach renourishment is funded via docu-
mentary stamps along with countless other programs. This leaves beach renourishment
projects fighting every year for a very small piece of a large pie.
Indian River County, like its sister counties to the north and to the south on Florida's east
coast, has a natural nearshore hardbottom resource. This resource is classified as an es-
sential fish habitat. It provides foraging and breeding grounds for juvenile fish. Indian River
County's beach management plan is specifically customized to maximize the fill while mini-
mizing the impact to the nearshore hardbottom resource.
Position: Indian River County BCC SUPPORTS the increased flexibility in sources of local
funding for beach restoration and renourishment projects.
67
12
Legislative Priorities
Broadband Internet Service
The lack of broadband internet service in rural and underserved areas was a challenge for
many households and businesses across the state during the COVID-19 pandemic. This creat-
ed roadblocks for business expansion in rural and underserved areas of our community. It is
imperative that these areas contain the infrastructure and service capability necessary to pro-
vide efficient internet service to residents.
By working with the Florida Legislature, the Office of Broadband, and community stakehold-
ers, Indian River County hopes to implement programs that will aid in providing efficient In-
ternet service to the rural and underserved communities within the County.
Position: Indian River County BCC SUPPORTS legislation which directs the Office of Broad-
band to expand access to effective broadband internet service in rural and underserved are-
as; and SUPPORTS additional funding for grant programs and initiatives that promote access
to effective broadband internet service in rural and underserved areas.
13
Additional Legislative Priorities
Affordable Housing
SUPPORT the existing state housing trust funds for affordable housing pro-
grams, specifically the local State Housing Initiatives Partnership (SHIP) and
State Apartment Incentive Loan program (SAIL).
OPPOSE efforts by the legislature to not fully fund the state housing trust
fund for affordable housing programs.
Vacation Rentals
OPPOSE policies that would preempt a local government's ability to have
local ordinances related to vacation rentals.
No -Discharge Zones
SUPPORT policies that create or establish No -Discharge Zones in the Indi-
an River Lagoon, prohibiting boats from discharging treated or untreated
sewage into the County's waterbodies.
Concerns
OJ
Millage Rates
and Tax Policies
OPPOSE policies that will negatively change the formula for calculat-
ing a local government's maximum millage rate;
OPPOSE policies that prohibit local governments from redeeming
earned rolled back credits.
Communications Service Tax
SUPPORT policies that (1) modernize the Communication Service Tax
in a manner that is revenue neutral; (2) simplify administration and
collection of the tax; (3) provide for a broad and equitable tax base;
(4) ensure enhanced stability and reliability; and (5) provide the oppor-
tunity for market-based application.
Shared Revenue Sources
SUPPORT policies that consider impacts to the state revenues shared
with counties for the provision of local services.
OPPOSE permanent modifications to state shared revenue sources or
related funding formulas that would significantly impact the counties'
ability to continue to fund local services.
Tax Reform
SUPPORT tax reform measures that simplify administration, enhance
effectiveness to meet current and future public service demands, and
provide an economic boost to Florida's taxpayers while at the same
time consider and minimize the collective and cumulative negative
impacts on local revenues.
Local Preemption on Business Regulation and Taxes
OPPOSE policies that would remove the authority for counties and
municipalities to increase business tax rates or to impose additional
business taxes in the future.
Local Government Fiscal Responsibility
OPPOSE policies that would negatively impact the collection of ad
valorem taxes and other revenue sources.
70
Concerns
OFinance and Tax Policies
Continued
Local Government Fiscal Responsibility
OPPOSE policies that would negatively impact the collection of ad valorem tax-
es and other revenue sources.
Constitutional Officers
SUPPORT policies that provide adequate state funding for constitu-
tionally prescribed county officers that are required to perform duties
on behalf of the State of Florida.
SUPPORT an increase in transparency for Constitutional Officer's
cost of providing services to taxpayers.
Tourist Development Tax
OPPOSE policies that mandate tourist development funds be diverted away
from local communities, or impair the County's use of the funds for local tourist
development.
Fuel Taxes
SUPPORT indexing local option fuel taxes to annual adjustments of
the Consumer Price Index.
County Funding of Court -Related Costs
SUPPORT policies to remove the automatic 1.5% increase in funding
for Court related functions.
SUPPORT policies to increase funding for service fees charged for re-
cording documents and instruments to adequately fund the Court pur-
suant to s. 28.24(12)(e), F.S., from $4.00 to $8.00, so that $6.00 of
the fee is distributed to county commissions to help fund court- related
technology and technology needs as mandated by s. 29.008(1)(f)(2),
F. S.
Funding Judicial Responsibilities
OPPOSE the use of local revenue sources to fund the State of Flori-
da's judicial responsibilities.
71
ORV 1
v>ERC
Concerns
Health, Human Services and * * w4
Public Safety Policies 0
Medicaid Services
SUPPORT policies to establish a 3% cap on growth in the individual
county Medicaid costs under s. 409.915, F.S.
SUPPORT the provision determining the rate of overall growth of the
County Medicaid cost share be maintained at 50% and not be changed
to 100% of the rate of growth in the State Medicaid expenditures.
OPPOSE efforts to further shift state Medicaid costs to counties.
Coverage For Emergency Services
OPPOSE policies that would negatively impact the Indian River Coun-
ty Emergency Services District's ability to be reimbursed for
providing advance life services and basic life services to patients
who have out -of -network providers.
Medical Examiners
OPPOSE policies that prohibit medical examiners from charging a fee
for examination and autopsy services which a medical examiner is re-
quired to perform by law for cremation services.
First Responders
SUPPORT the use of Critical Incident Stress Management Plans to
assist first responders with psychological traumas including post-
traumatic stress syndrome.
Emergency Shelters- Reimbursements
SUPPORT policy changes that allow school boards, municipalities, or
other emergency sheltering entities to directly seek reimbursement
from FEMA for emergency sheltering.
Certificates of Public Convenience and Necessity (COPCN)
OPPOSE policies relating to COPCNs which would negatively impact
the County's Emergency Services District's ability to provide services.
W
Concerns
Administration Policies
Local Government Accountability and Transparency
SUPPORT policies that promote the provision of accurate and acces-
sible administrative and fiscal public information in a manner that is
fiscally responsible, publicly comprehensible, technologically efficient,
and that does not constrain the effective administration of local ser-
vices.
Local Government Administration
SUPPORT policies related to retirement, workers' compensation and
other administrative systems based on sound and accurate data ana-
lyzed with consideration for state and local fiscal impact, fairness and
accessibility for state and local employees, as well as, predictability
and stability relative to market forces for the long-term effective
management of state and local financial plans.
State of Emergency
SUPPORT policies that facilitate local government access to dis-
aster relief funding.
OPPOSE policies that would hinder the County's ability to provide
services to the community immediately following a natural disas-
ter.
73
Concerns
Environmental Resources and
Water Policies
Septic to Sewer
SUPPORT an Indian River Lagoon and Caloosahatchee River 50/50
grant matching program in support of septic to sewer conversions to
include all of the communities along the Indian River Lagoon.
Derelict Vessels
SUPPORT policies that would streamline the process to remove dere-
lict vessels from the waterways of the State of Florida.
SUPPORT revised statutory authority and continued state funding for
the enforcement and removal of derelict vessels, with emphasis on
chronic offenders.
Green Space Funds
SUPPORT policies that add conservation lands to the list of green -
space areas eligible for funding related to management and the re-
moval of exotic and nuisance native vegetation.
74
Concerns
Environmental Resources and
tcLLDWater Policies
Growth Management
OPPOSE policies that would require local governments to incorpo-
rate additional goals, objectives, policies or elements into its com-
prehensive plan.
Florida Building Commission
SUPPORT policies that promote a fair and balanced Florida Building
Commission which includes members from all of the industries regu-
lated by the Florida Building Code.
OPPOSE policies that seek to limit the representatives on the Florida
Building Commission.
Impact Fees
OPPOSE policies that would prohibit the collection of impact fees no
earlier than the issuance of the certificate of occupancy or otherwise
negatively impact the County's ability to use impact fees for infra-
structure costs.
Municipal Service Areas
SUPPORT policies that provide where a county has, by ordinance, es-
tablished one or more utility service areas in the unincorporated area
and where the county has the current ability to provide service, a mu-
nicipality may not provide utility services within such county service
area(s) without consent of the county.
Jackie Robinson Training Complex QRTQ
OPPOSE policies that would (1) inhibit the County's ownership rights
or ability to use the ]RTC or (2) negatively impact the County's bonds
associated with the JRTC.
�y
INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS
ADMINISTRATION
Jason Brown
County Administrator
Kathy Copeland
Legislative Affairs and
Communications Manager
1801 27th Street I Vero Beach, FL 32960
ww. ircgov.com
2023 STATE LEGISLA-liv",
PRIORITIES (PRELIMINARY
Initial Board of County Commissioner's Review/D
November 22, 2022
Kathy Copeland
Legislative Affairs and
Communications Manager
• Today is Organizational Session `'
• FAC Legislative Conference (Nov 30- Dec
• Four County Commission (Dec 15)
'Special Session (Dec 12"- Dec 16A.,
'Committee Meetings (Jan 3 - Feb 24)
• Regular Legislative Session Convenes (Mar
2023 State
Legislative Program
Indian River County Board of County Commissioners
Adopted: Upon Board Approval
Working document until final acceptance.
Refinements following the Four County
Commission Meeting and Florida
Association of Counties Legislative
Conference.
Return to the Board prior to 2023 Legislative
Session.
PRINCIPLES
Support Home Rule
Oppose Unfunded
Mandates
Oppose "One Size Fits All"
Solutions
Indian River Lagoon - Support policies and funding opportunities that enhance th 19MMbftffl
vitality of the Lagoon as well as its overall health, r
Beach Restoration and Renourishment- Consistently on the County's list and this year ;t is
especially critical to support increased flexibility in funding sources for renourishment projects.
Broadband - Support additional funding for grant programs and initiatives that promote access
to effective broadband internet service in rural and underserved areas.
Additional Priorities - High profile year after year, policies impacting Vaca*ion Rentals.
Oppose policies that would preempt the County's ability to have local ordinances.
STRATEGIES FOR PROJECT FUNDING
0
• In addition to the Medical Examiner,
Building, staff identified 3 projects.
All have merit, path to funding might b - .,
different.
• Either way, requests are stronger with
cost -share identified, when staff
(legislative & executive) are fully
knowledgeable & engaged.
8th Street Stormwater Treatment & Storage Area
r (Located along the Lateral C Canal at 8th Street & 74th
Avenue)
?: State Requested Funds - $1,875,000 (30%)
Total Project Costs - $6,250,000
Indian River County Emergency Operations Center
Expansion
State Requested Funds - $2,610,000 (30%)
Total Project Costs - $8,700,000
Indian River County Traffic Operations Center
State Requested Funds -$1,125,000 (25%)
Total Project Costs - $4,500,000
District 19 Medical Examiner Facility
State Requested Funds - $1,000,000
State Appropriation
Requests
LOCATED ALONG THE LATERAL C CANAL AT 8TH STREET & 74TM AVENUE
Dual purpose project(38.35 acres -water storage & water treatment)
Pump Station will move water from Lateral C canal to a constructed pand
• Pond also utilized to lower nutrient concentrations via aquatic vegetation
:t
Controlled releases back to canal prior to discharge tnfa #heaaoony
xyi
EMERGENCY OPERATIONS CENTEREx, so
Renovation and expansion protect
• Current facility undersized for growing population
Primarily the expansion will provide for overnight operations and communications during
emergency events
TRAFFIC OPERATIONS CENTER
Demolishing and rebuild
• Located close proximity to EOC
Pre -staging of equipment necessary for rapid response
Efficient operation of multi -Jurisdictional traffic control system post event
MEDICAL EXAMINER FACILITY
Shared cost among four counties
• Located on Indian River State Campus in Ft Pierce (in-kind)
Dilapidated building accommodates growing population
► Recommendation:
► Staff recommends the IRC Board of County Commissioners accept the Preliminary
Legislative Package, with any changes as deemed appropriate by the Board,
recognizing the priorities might be revised following the Four County Commission
meeting, the Florida Association of Counties Legislative Conference, and as time draws
closer to the beginning of legislative session.
/aAl
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Phillip J. Matson, AICP; Community Development Director
FROM: John Stoll; Chief, Long Range Planning
DATE: November 15, 2022
RE: Consideration of Kessel Medical, Ines Request for a Local Jobs Grant
It is requested that the information herein presented be given formal consideration by the Board of
County Commissioners at its meeting of November 22, 2022.
DESCRIPTION AND CONDITIONS
As part of the County's initiatives to improve the local economic base, a package of economic
development incentives designed to attract targeted businesses to the county and to encourage
existing businesses to expand their operations within the county was established in 1996. Included
in that package of incentives was a local job grant program. That program, which was revised by the
Board of County Commissioners in October 2000, December 2006, and March 2009, provides a
financial incentive to businesses that create good paying, full-time jobs in Indian River County.
Kessel Medical, Inc has applied for a local job grant for its business which will manufacture small
medical devices. As proposed, Kessel Medical, Inc will bring a targeted business with approximately
twenty (20) new jobs to the county.
To be eligible for the County's Local Job Grant Program, an applicant must create at least 5 new
jobs, and those jobs must pay wages equal to or greater than 75% of the county's average annual
wage ($46,289 current average annual wage). Currently, seventy-five percent of the County's
average annual wage is $34,716.75, and twenty (20) of the proposed twenty (20) jobs meet the
minimum wage requirements for the job grant application. Based upon proposed wages and jobs,
Kessel Medical, Inc. is eligible to receive up to a $106,000 jobs grant.
77
ANALYSIS
Company
Kessel Medical, Inc is a medical device manufacturer specializing in in vitro diagnostics and
neurosurgical implants. The company was founded in 2021 and currently manufactures permanent
implants used in the repair of severed (peripheral) nerves (FDA cleared device) as well as wearable
sensors for the detection of sleep apnea in support of ongoing clinical studies. Kessel Medical, Inc
will expand their existing business in Indian River County and will create twenty (20) new jobs. All
twenty (20) of the proposed jobs meet the minimum annual wage requirements under the Indian
River County Local Jobs Grant Program.
Due Diligence
As part of the process of evaluating Kessel Medical for participation in the County's Local Jobs
Grant Program, County staff and Chamber of Commerce staff conducted research on Kessel
Medical, Inc., its officers, and agents. Actions taken as part of this due diligence process included:
• Obtaining and evaluating a Dun and Bradstreet credit/financial report for Kessel Medical
• Conducting a general internet search for Kessel Medical. and its officers using key words
such as but not limited to "foreclosure" "lawsuit" "crime" "criminal" and "defendant";
• Checking the Florida Department of State Division of Corporations website for corporate
registrations and liens;
• Searching County official records for tax liens, judgments, and pending litigation;
• Using Public Access to Court Electronic Records (PACER) to search for federal civil and
federal bankruptcy actions; and
• Other searches as needed
Staff focused its due diligence research on the main sources of data readily available. Based upon
that research and an evaluation by the Chamber's project review committee, Kessel Medical appears
to be financially acceptable and appears not to have significant legal problems among its principals
and officers that might raise concerns for providing Kessel Medical with public funds through the
Local Jobs Grant Program. Under the jobs grant program, public funds are expended only after
performance is verified (new jobs created at adequate wage levels).
Local Jobs Grant Eli ig bili Review
➢ Industry Classification of Business
To qualify for the County's Local Job Grant Program, a company must be one of the county's
targeted industries. Under the County's target industry list, Kessel Medical, Inc. qualifies for the
jobs grant program under the "Manufacturing/Warehouse/Distribution — Surgical Appliance and
78
Supplies Manufacturing."
➢ Job Creation Threshold
As structured, the county's jobs grant program provides $3,000 for each new position created that
pays from 75% to 99.99% of the County's average annual wage; $5,000 for each new position
created that pays from 100% to 149.99% of the County's average annual wage; and $7,000 for each
new position created that pays 150% or more of the County's average annual wage.
Currently, the County's average annual wage is $46,289. It is anticipated that Kessel Medical will
create 20 new jobs in Indian River County, and all 20 of the proposed jobs will meet the minimum
job grant qualification of having wages that are above 75% of the County's average annual wage
($34,716.75).
Grant Calculation
The following table indicates the number of proposed jobs in each wage category and the amount of
job grant associated with that wage category and the total jobs grant amount.
Category
Qualified Jobs
Amount per Job
Total
75% of county average wage
0
$3,000
$0
100% of county average wage
17
$5,000
$85,000
150% of county average wage
3
$7,000
$21,000
Sub -Total Grant Amount
$106,000
Jobs Grant Agreement
If the Economic Development Council recommends that the Board of County Commissioners
approve Kessel Medical Inc's Local Job Grant Application, staff will prepare a local job grant
agreement to be executed between the County and Kessel Medical, Inc. That agreement will
stipulate various requirements, including that:
The grant will be payable over a five-year period by phase.
Kessel Medical, Inc will provide copies of its quarterly reemployment compensation reports
(RT — 6 forms) to the County so that the County can verify that the number of jobs claimed
for each local job grant payment level is being provided.
Kessel Medical, Inc will supply documentation to the County showing that employees reside
within the County or in adjacent counties.
79
The agreement will also include automatic termination provisions that are dependent upon
performance (or lack thereof) by Kessel Medical, Inc. Under those provisions, automatic termination
will occur either on the date the County has made the last jobs grant payment or upon failure of
Kessel Medical, Inc to meet the minimum of 5 jobs hiring deadline or upon failure to provide
quarterly reports for a period of three years.
Funding & Proposed Payment Schedule
If approved, the local jobs grant will be funded from County General Fund contingencies taken from
five separate County fiscal years starting in County fiscal year 2024-25.
The following table indicates the proposed grant funds to be distributed to Kessel Medical Inc by
fiscal year.
FY
Proposed Job Grant Payments
2024/25
$8,333.34
2025/26
$20,333.33
2026/27
$35,333.33
2027/28
$27,000.00
2028/29
$15,000.00
Total
$106,000.00
The proposed payment dates and payment amounts stated will vary, depending upon actual
performance by Kessel Medical Inc. Since there may be unanticipated delays in hiring new
employees, an allowance for an administratively approved extension of up to one year will be
included in the jobs grant agreement. That allowance could shift grant payments out by up to one
year.
CONCLUSION
Based on the analysis conducted, staff has determined that Kessel Medical, Inc qualifies for a local
job grant of up to $106,000.
ECONOMIC DEVELOPMENT COUNCIL ACTION
At its regular meeting on November 15, 2022 the Economic Development Council voted
unanimously to recommend that the Board of County Commissioners approve a local jobs grant of
up to $106,000 for Kessel Medical, Inc.
4
X11
RECOMMENDATION
Staff and the Economic Development Council recommends that the Board of County
Commissioners:
1. Approve a local job grant of up to $106,000 for Kessel Medical, Inc.
2. Authorize the Chair to sign the Jobs Grant Agreement for Kessel Medical, Inc after approval
of the agreement by appropriate county staff and the county attorney's office (draft agreement
attached)
ATTACHMENTS
1. Jobs Grant Application
2. Draft Jobs Grant Agreement
FXommunity Development\Users\EDplannr\INCENTIVES & FUNDING\JOBS GRANT PROGRAM\ACTIVE JOBS GRANTS\Kessel Medical,
Inc\BCC Agenda Items%BCC agenda item - Kessel Medical.doc
5
SIV
INDIAN RIVER COUNTY
"FoR,� LOCAL JOBS GRANT PROGRAM
APPLICATION
Overview
To attract new businesses to locate in Indian River County and to encourage existing businesses
to expand locally, the Board of County Commissioners (the Commission) has established the Local
Jobs Grant program. The program offers eligible businesses (those within the County's Target
Industry list) financial incentives for creating new higher -wage jobs within the County and
maintaining those jobs over multiple years.
Targeted businesses that create five (5) or more new jobs within the County paying at least 75%
of the current county average annual wage are eligible to apply. Effective 1/1/2022, the county
uses the State's 2020 Average Annual Wage for IRC of $46,289. Qualifying businesses will be
paid per job in accordance with the table below. An additional 10% bonus is available for a
business that locates within the Indian River County/City of Vero Beach Enterprise Area of
Gifford.
Percent of Average Wage* of New Qualified Jobs
Grant Amount per New Job Created
75% to 99.99% of county average annual wage
$3,000 per job
100% to 149.99% of county average annual wage
$5,000 per job
150% or more of county average annual wage
$7,000 per job
*.overage Annual Wage includes salary, bonuses, and commissions (excluding benefits).
Local Jobs Grant payments are provided on a per job basis, with 1/3`d of the designated payment
being made 1 year after the job is in place, 1/3`d of the designated payment being made 2 years
after the job is in place, and 1/3`d of the designated payment being made 3 years after the job is in
place.
Application Review Process
Generally, the Local Jobs Grant application and award process takes 30-45 days. Because the Jobs
Grant program is an economic development incentive, jobs provided by a company prior to local
jobs grant application review and approval are not eligible and should not be included in a Local
Jobs Grant application.
Applications are first reviewed simultaneously by the Indian River County Chamber of Commerce
and the Indian River County Community Development Department to verify that the business
meets eligibility criteria and that the application is complete. Once that determination is made, the
Local Jobs Grant application is scheduled for review by the Indian River County Economic
Development Council (EDC).
1 82
The EDC is an advisory board to the County Commission. As such, the EDC reviews Local Jobs
Grant applications and provides comments and recommendations to the Commission. Generally,
Local Jobs Grant applications are scheduled for consideration by the Commission =roximately
1 to 2 weeks after EDC review. If the Commission approves the application, a Local Jobs Grant
agreement is executed between the County and the business and is effective on the day of the
Commission approval.
For any questions about the Local Jobs Grant program, please call the Indian River County Economic
Development Planner at (772) 226 — 1243 or the Indian River County Chamber of Commerce
Economic Development Director at (772) 567 — 3491, extension 121.
Please Note: Both the Indian River County Chamber of Commerce and Indian River County conduct
due diligence on local jobs grant applicant businesses, owners, officers, and agents. As part of the
due diligence process, additional information may be requested.
Confidential information and results of the County's and Chamber of Commerce's due diligence will
be shared only between applicable county staff and the Chamber's Economic Development Director.
If the Local Jobs Grant applicant is also applying for state economic development incentives, this
confidential information and results of due diligence findings may be shared with Enterprise Florida
staff, as covered by State Statute.
83
tiVE
Y
LOCAL JOBS GRANT PROGRAM APPLICATION
I. APPLICANT INFORMATION: lease Fill In the Grey Shaded Cells
Kessel Medical, Inc.
Jack Cabell Griffis, III
Business Name
Donald Kenneth Griffin, H
Jack Cabell Griffis, III
Address
Donald Kenneth Griffin, II
Zip Code
Business Owner(s) Full Legal Name(s)
(e.g. John Howard Smith, Jr.
Jack C. Griffis, III
Officers Full Legal Names
Agent(s) Full Legal Name(s)
(Enter Officers in multiple lines above)
2345 14' Avenue, Suite 10 Vero Beach
Florida 32960
Address City
State Zip Code
404-583-6889 i riffis(a)kesselmedical.com www.kessehnedical.com
Phone Number E-mail
Website
Jack Cabell Griffis III
CTO
Contact Person (Full Legal Name)
Title
Business Unit's Federal Employer Identification Number:
87-3981137
Business Unit's Unemployment Compensation Number:
13826710
Which of the following best describes this business:
Yes/No
X New business to Indian River County
Existing business in Indian River County
If an expansion, how many jobs are currently in the business? NA
II. PROPOSED SITE LOCATION
if known):
UNKNOWN AT THIS TIME
Vero Beach
TBD
Address
City
Zip Code
UKNOWN AT THIS TIME LL BE INDIAN RIVER CO
Properly Parcel Number(s)
Current Location (if different)
2345 14'' Avenue, Ste 10
Vero Beach
32960
Address
City
Zip Code
Unknown
Property Parcel Number(s)
III. BUSINESS DESCRIPTION:
Give a full description of the primary business activities/functions:
Medical device manufacturer specializing in in vitro diagnostics and neurosurgical implants. We are
manufacturing finished devices for use in a variety of home and hospital environments serving as a contract
manufacturer for numerous small medical device companies around the eastern United States. We were
founded in 2021 and reached profitability in July 2022. Currently, we manufacture permanent implants
used in the repair of severed (peripheral) nerves (FDA cleared device). We are also manufacturing wearable
sensors for the detection of sleep apnea in support of ongoing clinical studies in preparation for FDA
clearance. We have two other product lines in development, including intubation accessories and dermal
patches used for vaccination of youths who suffer from peanut allergies. The founders (Jack Griffis and
Don Griffin) have over 60 years of combined experience in the medical device industry, including 56
patents issued through the United States Patent and Trademark office.
List the NAICS Codes for the business:
339113
Note: NAICS Codes for business types can be found at the following website:
https:l/www.census.gov/eos/"-w/naics/
Will the site be a dedicated headquarters office (regional, national, or international ?
Yes
IV. JOB CREATION INFORMATION:
Anticipated number of new full-time jobs that will be created by the business in Indian River
County: 20
Salary range of new full-time jobs identified in the previous question: 45,000 —120,000
(PLEASE LIST ALL NEW POSITIONS AND SALARIES ON APPENDIX A OF APPLICATION)
Phase
Number of net new
Date by which promised jobs will be
Year
Average
full-time equivalent
provided (Please circle the appropriate quarter end
Annual
jobs created by the
date)
Wages ($)
business
List jobs in no less than 1 and no more than 3
List at least 5 jobs in Phase 1.
phases.
I
5
Dec. 3111
Mar. 31 st
June 301''
Sept. 300i
2023
55,000
X
II
6
Dec. 3151
Mar. 31 n
June 30'
Sept. 300'
2024
79,000
XLDec.
III
9
1ST
Mar. 3151
June 301
Sept. 300'
2025
54,000
Total
20
4 85
V. CRIMINAL/CIVIL FINES OR PENALTIES:
List and explain any criminal or civil fines or penalties or ongoing investigations that have been
imposed upon the company, its executives, or its affiliates and any recent bankruptcy proceedings of
the applicant or its parent company:
NONE
VI. CONFIDENTIALITY:
In accordance with Section 288.075 of the Florida Statutes, the Applicant may request that
Indian River County maintain the confidentiality of all information regarding the Project (including
information contained in this application) for the lesser of a 12 month period after the date of this
application (which may be extended for an additional 12 months upon request), 6 months after the
issuance of the final project order approving the project or until the information is otherwise
disclosed.
Please indicate whether the Applicant is requesting confidential treatment of the Project in
accordance with Section 288.075 of the Florida Statutes.
a Yes Xa No
To the best of my*fiXyJz4O, the information included in this application is accurate.
Signature of Oydner or Authorized Representative
Jack Griffis
Printed Name
Y/20
Date
:.
JOBS GRANT APPLICATION CHECKLIST
YES
NO
I
Cover letter requesting confidentiality
II
Brief narrative that describes nature of applicant's business
III.
Letter of Authorization from owner if applied for by anyone other than
owner
IV.
Sworn Statement on Disclosure of Relationships and Disclosure of
Financial Conflict of Interest
i�
old
R
w
i
W
TJ
^c3
^o
tt
7:;
C13
7C
-p
-c;
-T:$
'o
"U
b
p
po 4)
O
O
O
O
O
O
O
O
C
O
V
cC
c3
cd
cd
cd
cC
cd
cd
cd
cUC
cUC
c0
3
ccz
>
cct
>
ccacUG
>
>
ld
>
>
Cd►y
>
cd y
R
U
U
U
U
U
U
U
V
U
i-4
3�
c0S
c�
cOd
c�3
Cn C
V] (:)
rA
U
cn aU
cQ o
tn y
V)v'
y
�
cd
«S
aS
c>d
c>3
c>^S
Cd .�4
Cd`�.
CS -!�4
-�e
cd .�
Cd ,lG
18
U
��
N U
x ii:
U�
�
U U
"r''i�
N�
�"i •�n
C) U
� •gin
B
U U
•cn�-•4
N O
in
._.,
.T"-.
r'-.
O
o
0
0
0
0
0
0
0
0
0
0
0
ti
�
p
o
0
0
kn
o
o
o
c
a
�••" i.
..N.i CU
vi
•--
O
N
vi
O
N
l�
cn
M
cn
cn
vi
�
�
O
Qa
4tos
c 9
c�
h
O
0
0
O
O
O
O
O
O
O
O
O
O
O
[t
Vl
110
O
N
O
cn
ao
O
cn
O
kn
O
�
to
PC
CG W
N
N
N
N
N
N
N
N
N
N
N
N
M
M
M
M
r.+ 4-b
O
N
N
N
N
N
N
N
N
N
N
L.. 0
O
�A
M
o
4r
O
kn
V�
O
a
4?
0
0
r
OL
CLa
cd
U
pp
cd
U
d
U
U
p '�
� En
tc
Er
C
U M
U
CCA,
u
.v
u�
C:
O
C
=
c� r -:N
c
Q =
N O
O
O
ti
m
v O
+0
O cUC
t14
v c�3
O
O fl¢
ei
N
bA
u
'
t
m
'
i
4
v
cd
cr
^D
cn C3
cd
voi
-ca
cn
bD
w3
ww
o �w
a
o Ew
Ea
o
i�
old
R
w
i
W
JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY
AND
KESSEL MEDICAL, INC.
THIS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT ("Agreement") is made as
of the 22nd day of November, 2022 (the "Effective Date") by and between Indian River County, a
political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter
referred to as COUNTY, and Kessel Medical, Inc, a company authorized to do business in the State of
Florida, hereinafter referred to as COMPANY.
BACKGROUND RECITALS:
WHEREAS, it is the policy of COUNTY to stimulate economic growth in COUNTY by either
attracting new businesses to COUNTY or by encouraging the expansion of existing businesses within
COUNTY; and
WHEREAS, the creation of new employment opportunities for residents of COUNTY and the
increased tax revenues resulting from such business expansions or relocations within COUNTY is
beneficial to the local economy; and
WHEREAS, COUNTY has determined that offering a Jobs Grant Program encourages
businesses to expand within or new businesses to locate in COUNTY and thereby creates new
employment opportunities for the residents of COUNTY; and
WHEREAS, COUNTY, through its Board of County Commissioners, has created a local Jobs
Grant Program; and
WHEREAS, COMPANY, in accordance with the COUNTY's Jobs Grant Program criteria, is a
Existing Business that will expand its business in COUNTY to create 20 additional full-time jobs which
pay at least 75% of COUNTY's average annual wage level; and
WHEREAS, COUNTY has determined that COMPANY is eligible to receive a Jobs Grant; and
WHEREAS, COMPANY acknowledges that this Agreement shall be based upon compliance
with COUNTY Jobs Grant Program requirements; and,
WHEREAS, COUNTY finds and declares that it is in the public interest to award a Jobs Grant
to COMPANY pursuant to the terms of this Agreement.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties do agree as follows:
Definitions. As used in this Agreement, the following terms shall mean:
a. "Adjacent Counties" means Brevard, Osceola, St. Lucie, Okeechobee, and Martin
Counties.
4 -
ATTACHMENT 2
b. "Annual Wage" - includes salary, bonuses, and commissions.
c. "Default" - failure to comply with the terms of this Agreement.
d. 'Expanding Business" — shall be defined as a business expanding its operation
over and above its base employment amount at the time of jobs grant approval
by 5 or more new jobs to employ 5 or more new full-time employees in the
COUNTY within the term of the Grant.
"Full-time Equivalent Job" - shall be defined as a position that is scheduled for
at least 35 hours per week.
f. "Indian River County Average Annual Wage" — shall be defined as the average
annual wage per job in COUNTY as determined by Florida Agency for
Workforce Innovation, Labor Market Statistics Center, Quarterly Census of
Employment and Wages Program, in cooperation with the U.S. Department of
Labor, Bureau of Labor Statistics. Currently, the COUNTY's average annual
wage is $46,289 (effective January 1' 2022 for the state QTI Tax Refund
Program). This dollar value shall be used for the duration of this Agreement for
determining local jobs grant incentives.
g. "New Business" — shall be defined as a business establishing 5 or more new jobs
to employ 5 or more new full-time employees in the COUNTY within the term
of the Grant (as such term is hereinafter defined), provided that such business
first begins operations on a site in the COUNTY clearly separate from any other
operation owned by the same business.
h. Commencement Date" — the date that the COUNTY begins tracking qualifying
jobs for potential local jobs grant payments. Such date shall start on one of the
following dates: January 1St, April 1St, July 1St, or October 1St of a year agreed to
by COUNTY as established within this Agreement or as otherwise modified in
accordance with this Agreement.
i. "Qualifying job" — a full-time equivalent job having an annual wage equal to or
greater than 75% of Indian River County's Average Annual Wage. Such jobs
must be filled by people who live in COUNTY or Adjacent Counties.
j. "Quarterly Reemployment Compensation Report (RT -6 form)" — Form from the
Florida Department of Revenue that businesses in the state of Florida must
complete and submit to the state on a quarterly basis. Information collected on
the form includes the names of employees, their social security numbers, and the
gross wages paid to each employee on a quarterly basis. The information is used
for reemployment compensation should employees cease to be employed. For
purposes of this Agreement, this definition shall also include other similar
COUNTY approved certified forms from COMPANY or COMPANY's
professional employer organization.
-2-
ATTACHMENT 2
.0
k. "Relocation of a business" — a business relocating to COUNTY and
employing 5 or more full-time employees in the COUNTY.
1. "Target Industry" — An industry identified within the Target Industry List of the
Economic Development Element of COUNTY's Comprehensive Plan (Policy
2.5 of the Economic Development Element).
2. Term; Termination. This Agreement shall be effective as of the date of this
Agreement stated on page 1 and shall automatically terminate after one of the
following has occurred (whichever occurs first), unless terminated earlier by
COUNTY because of a Default by COMPANY.
a. COUNTY has made the last payment to COMPANY;
b. COMPANY did not employ a minimum of 5 new Qualifying Jobs by the
Commencement Date, as may be modified; or
c. COMPANY failed, for a period of 3 consecutive years (12 quarters), to provide
required Quarterly Reemployment Compensation Reports (RT -6 form) to
COUNTY.
3. Grant Eligibility; Payment Schedule.
a. COMPANY will be eligible for total Jobs Grant Funding (hereinafter a "Grant")
in an amount of up to $106,000. COMPANY acknowledges and agrees that the
initial Grant under this Agreement is payable on a re -imbursement basis. The
number of jobs estimated to be provided is listed below. Jobs grant payments
are dependent upon the number of employees exceeding the company's
employment level at the time that this Agreement is approved by the Indian
River County Board of County Commissioners, and by the criteria set forth
below.
(i) For Phase I, 5 new qualifying jobs meeting the wage level commitment
in Section 5 of this Agreement shall be provided by the phase
commencement date 1/01/24. For each of the three successive annual
periods that those jobs are maintained at the required wage level,
COMPANY shall receive 1/3 of the Grant amount for those 5 jobs.
(ii) For Phase Il, 6 new qualifying jobs meeting the wage level commitment
in Section 5 of this agreement shall be provided by the phase
commencement date 01/01/25. For each of the three successive annual
periods that those jobs are maintained at the required wage level,
COMPANY shall receive 1/3 of the Grant amount for those 6 jobs.
(iii) For Phase III, 9 new qualifying jobs meeting the wage level
commitment in Section 5 of this agreement shall be provided by the phase
commencement date 01/01/26. For each of the three successive annual
-3-
ATTACHMENT 2
91
periods that those jobs are maintained at the required wage level,
COMPANY shall receive 1/3 of the Grant amount for those 9 jobs.
(iv) It is understood that the quantity of jobs proposed above, their annual
wages, and dates of hire are estimates. Because of that, the quantity of jobs
provided may be less than 20, and the Commencement Date (for Grant
tracking) may be extended. Proposed jobs will remain eligible for Grant
incentives provided:
a. The minimum number of qualifying jobs provided in Phase I is
5.
b. The maximum number of jobs eligible for local jobs grant funds
for Phases I, II, and III is 20.
c. The maximum extension for a phase commencement date shall
be one year. Such commencement date extension may be
approved administratively by the County Community
Development Director or his designee provided the extension
date meets the requirements of Section 3 of this agreement. If
any of the 20 eligible jobs proposed for Phases I, II, and III are
created after the Phase III commencement date or, if applicable,
after an administratively approved extension to the Phase III
commencement date, those jobs shall not be eligible for local
jobs grant funds.
In no case shall the total Grant exceed $106,000.
(v) Failure of COMPANY to maintain claimed jobs for at least 3 years at
required wage levels will result in the reduction of the Grant amount paid
to COMPANY, as set forth herein. If, by the end of any of the annual
periods, COMPANY has not maintained the total number of claimed jobs
required or if COMPANY has provided the total jobs required, but the
annual wage for any of those jobs is less than required for that year, the
Community Development Department Director, or his designee, will lower
the jobs grant award for the respective year by the amount allocated in such
year for each job for which the requirements of this agreement are not met.
Thus, the total jobs grant award could be less than $106,000 by the end of
this Agreement.
(vi) If COMPANY changes the products or services it provides in such a
way that would make COMPANY no longer qualify as a "Target Industry"
or if COMPANY relocates outside of Indian River County, COMPANY
shall be in Default of this Agreement. COMPANY shall reimburse
COUNTY for payments made to COMPANY while COMPANY was not a
"Target Industry or if while COMPANY was not relocated within Indian
River County."
-4-
ATTACHMENT 2
(vii) During the Term of this Agreement, COMPANY shall have a majority
(greater than 50%) of its goods and services, attributable to the Indian River
County location, sold or distributed outside of Indian River County.
COMPANY shall reimburse COUNTY for payments made to COMPANY
while COMPANY did not meet this requirement.
b. Performance Evaluation for Payment. Prior to the submittal of COMPANY's 1 st
Quarterly Reemployment Compensation Report COMPANY shall provide to
the COUNTY Community Development Director, or his designee, an employee
census and a copy of the Quarterly Reemployment Compensation Report for the
Effective Date of this Agreement. That employee census must list employee
name, job title, city and state in which the employee lives, annual salary,
location where employee works, and date of hire.
COMPANY's performance evaluation will be conducted on an annual basis
using the information provided on the Quarterly Reemployment Compensation
Report (RT -6 form) and COMPANY's quarterly updates to its employee
census. Each updated employee census must include the information referenced
above plus the date of termination for each employee (if the employee
terminates employment with the COMPANY). COMPANY shall supply
additional documentation to the Community Development Director, or his
designee, in a form acceptable to the Community Development Director, or his
designee, showing that positions for which Grant funds will be awarded are
filled by people who live in COUNTY or Adjacent Counties.
The Grant eligibility determinations will cover one year periods, with each
yearly period beginning and ending as follows:
Phase
Grant Eligibility
Determinations
1st
2nd
3'final)
Begin
End Begin
End
Begin End
I
1/01/2025
12/31 /2025 1/01/2026
12//31 /2026
1/01/2027 12/31/2027
II
1/01/2026
12/31/2026 1/01/2027
12/31/2027
1/01/2028 12/31/2028
III
1/01/2027
12/31/2027 1/01/2028
12/31/2028
1/01/2029 12/31/2029
(i) Each job must meet the minimum wage requirements
specified in this Agreement. Payment of Grant funds shall be made based
on the County's current adopted payment calculation methodology
(methodology approved by the BCC on 10-24-2017) within forty-five (45)
days after the date COMPANY submits the latest Quarterly Reemployment
Compensation Report comprising the Annual Job Status Report (as defined
in Paragraph 6), and this payment obligation shall survive the termination
of this Agreement. Notwithstanding the foregoing, should the date for filing
the last Quarterly Reemployment Compensation Report, as described
-5-
ATTACHMENT 2
above, not coincide with the date that an eligibility determination is made,
COMPANY shall have the right to file a Quarterly Reemployment
Compensation Report, in a form substantially similar to a Quarterly
Reemployment Compensation Report, and such Quarterly Reemployment
Compensation Report shall constitute the Annual Job Status Report, the
filing of which shall begin the running of the forty-five (45) -day period
within which payment shall be made.
If COMPANY applies for a Qualified Target Industry (QTI)
Tax Refund from the State of Florida and if COMPANY" has that QTI Tax
Refund approved by the State, the Community Development Director or his
designee will reduce the Grant amount paid directly to COMPANY for each
eligibility determination in an amount sufficient to cover COUNTY's QTI
Tax Refund 20% contribution obligation to the State for COMPANY's QTI
Tax Refund agreement. The Community Development Director or his
designee will submit the 20% payment obligation to the State for placement
in the Florida Economic Development Trust Fund.
(ii) If at the time of performance evaluation for payment as
described in subsection 3.b COMPANY is not current on COUNTY Real
Estate and Tangible Personal Property Taxes, COUNTY shall withhold
Grant payments for that eligibility determination time period and
COMPANY shall automatically forfeit its right to collect Grant payments
for that eligibility time period. COMPANY shall remain eligible for any
remaining future Grant payments for future eligibility time periods provided
COMPANY is current on such taxes referenced above at the time of future
Grant eligibility determination time periods.
4. Job Creation Commitment. COMPANY estimates that it will provide 20 new
Qualifying Jobs within COUNTY as set forth in Exhibit `B", which is attached
hereto and made a part hereof. The exact number of jobs actually supplied and their
salaries, however, may vary. Grant funds will be awarded up to a maximum of
$106,000. The Grant award will be based on the following:
Category*
Amount Per Job
75% to 99.99% of Indian River County
$3,000
Average Annual Wage
100% to 149.99% of Indian River County
$5,000
Average Annual Wage
150% of Indian River County Average
$7,000
Annual Wage (or greater)
*One average annual wage category will be utilized consistent with Exhibit "D" and the
County's current adopted payment calculation methodology.
-6-
ATTACHMENT 2
m
5. Wage Level Commitment. COMPANY estimates that it will pay 0 employees
whose jobs are eligible for a Grant hereunder an annual wage of not less than
$34,716.75, will pay 17 employees an annual wage of not less than $46,289, and
will pay 3 employees an annual wage of not less than $69,433.50. The annual wage
of the positions will be determined without taking into account the value of any
benefits. COMPANY shall, in accordance with the provisions of paragraph 6
below, provide written verification of such wages satisfactory to the Community
Development Director or his designee.
6. Annual Job Status. COMPANY must provide the Community Development
Director or his designee with Quarterly Reemployment Compensation Reports
(Form RT -6) of its business operations within COUNTY on State form RT -6, as
amended, a sample of which is attached hereto and made a part hereof as Exhibit
"C". COMPANY must also provide the Community Development Director or his
designee with quarterly updates to its employee census for employees working at
its Indian River County location(s) (see section 3.b. of this Agreement). The
cumulative Quarterly Reemployment Compensation Reports required to be filed
for the annual period, correlated with each eligibility determination and the
corresponding quarterly employee census shall collectively comprise the Annual
Job Status Report. Quarterly, COMPANY must also provide the Community
Development Director or his designee a signed statement indicating the percent of
its total sales/services from the Indian River County location provided outside of
Indian River County for the jobs grant payment time period.
Starting with calendar quarter 2 in 2024, quarterly reports must be submitted for
Grant eligibility determination. Those quarterly reports must be submitted no later
than 60 days after the end of each quarter, until the termination of this Agreement.
Submittal deadline may be waived by the Community Development Director, for
good cause.
7. Default; Termination. Except as set forth herein, in the event that COMPANY
defaults in the performance of its guarantees and commitments as provided for in
this Agreement, COUNTY may, at its option, terminate this Agreement.
8. Indemnification. COMPANY shall indemnify and hold harmless and defend
COUNTY, its agents, servants, and employees from and against any and all claims,
liabilities, losses, and/or causes of action which may arise from any negligent act
or omission of COMPANY, its agents, servants, or employees in the performance
of services under this Agreement.
9. Forum; Venue. This Agreement shall be governed by the laws of the State of
Florida. Any and all legal action necessary to enforce the Agreement will be held
in Indian River County or the Federal District Court for the Southern District of
Florida. No remedy herein conferred upon any party is intended to be exclusive of
any other remedy, and each and every such remedy shall be cumulative and shall
-7-
ATTACHMENT 2
95
be in addition to every other remedy given hereunder or now or hereafter existing
by law or in equity or by statute or otherwise. No single or partial exercise by any
party of any right, power, or remedy hereunder shall preclude any other or further
exercise thereof. Parties hereby waive their right for a jury trial.
10. Lobbyist Certification. COMPANY warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for
COMPANY, to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for COMPANY, any fee, commission, percentage, gift,
or any other consideration contingent upon or resulting from the award or making
of this Agreement.
11. No Discrimination Certification. COMPANY warrants and represents that all of its
employees are treated equally during employment without regard to race, color,
religion, disability, sex, age, national origin, ancestry, marital status, or sexual
orientation.
12. Attorneys Fees. If any legal action or other proceeding is brought for the
enforcement of this Agreement, or because of an alleged dispute, breach, default or
misrepresentation in connection with any provisions of this Agreement, each party
shall bear its own costs.
13. Enforceability. If any term or provision of this Agreement, or the application
thereof to any person or circumstances, shall to any extent be held invalid or
unenforceable, the remainder of this Agreement, or the application of such terms or
provision, to persons or circumstances other than those as to which it is held invalid
or unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
The COMPANY's failure to maintain its job creation commitment or annual wage
level commitment for any one year will result in the decrease of the Grant amount
it was scheduled to receive for that year; however, such decrease will not preclude
the COMPANY's receipt of scheduled Grant amounts for those subsequent years
in which it is able to maintain its job creation and wage level commitment.
14. Assignment. COMPANY shall not, directly or indirectly, assign or transfer any
of its rights or obligations under this Agreement, or any interest therein (the
foregoing herein collectively "Transfer"), without the express prior written consent
of the Community Development Director. The Community Development Director
shall not unreasonably withhold its consent to any Transfer. Any such attempted
Transfer without the express prior written Community Development Director
consent shall be null and void and may, at the option of the County Community
Development Director, be deemed a Default under this Agreement. COMPANY
acknowledges and agrees that the Community Development Director has the right,
in granting or withholding consent to any Transfer, to consider, among other things,
-8-
ATTACHMENT 2
the financial responsibility and business reputation of the proposed assignee or
transferee (the foregoing herein collectively "Transferee"); and any other items that
the COUNTY Community Development Director, in his sole discretion, deems
appropriate.
If COMPANY seeks the Community Development Director's consent for a
Transfer, COMPANY shall submit to the Community Development Director a
written request therefore, accompanied by the following documentation: (i) the
name, address, and telephone number of the proposed Transferee; (ii) a description
of the business and jobs, including wages, to be created in COUNTY; and (iii) a
financial statement or other reasonably detailed financial information concerning
the proposed Transferee. If the Community Development Director withholds the
consent to Transfer, COMPANY may appeal to the County Administrator. If the
County Administrator withholds the consent to Transfer, COMPANY may appeal
to the Board of County Commissioners. COMPANY acknowledges and agrees
that: (a) the County Administrator or his designee, or the Indian River County
Board of County Commissioners, has the right to request any additional
information deemed necessary to make the decision relating to consent to the
Transfer; and (b) if appealed to the Board of County Commissioners such request
for a Transfer is expressly subject to the approval of the Transfer by the Board of
County Commissioners, and such Transfer shall become effective only when
signed by the Transferee and approved by the Board, which consent shall not be
unreasonably withheld.
The foregoing covenant shall be binding on the permitted successors or assigns of
COMPANY. The prohibition on Transfers shall not prohibit a change in the form
in which COMPANY conducts business. COMPANY will be released from further
liability under this Agreement in the event of an approved Transfer; provided that
the COUNTY's consent to any Transfer will not otherwise relieve COMPANY
from any pre-existing obligation to COUNTY under this Agreement.
15. Conflict of Interest. COMPANY represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required hereunder, as provided for in
Florida Statutes Part III, Chapter 112. COMPANY further represents that no
person having any interest shall be employed for said performance.
16. Notices. All notices required in this Agreement shall be sent by certified mail,
return receipt requested and if sent to COUNTY shall be mailed to:
Community Development Director
Indian River County
1801 27t' Street
Vero Beach, Florida 32960
and if sent to COMPANY shall be mailed to (or current, official address):
2345 14th Ave., Suite 10
-9-
ATTACHMENT 2
97
Vero Beach FL 32960
17. Entire Agreement. COUNTY and COMPANY agree that this Agreement sets forth
the entire Agreement between the parties, and that there are no promises or
understandings other than those stated herein. None of the provisions, terms and
conditions contained in this Agreement may be added to, modified, superseded or
otherwise altered, except by written instrument executed by the parties hereto.
18. No Pledge of Credit. COMPANY shall not pledge COUNTY's credit or make it a
guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or
any form of indebtedness.
19. Public Records. COMPANY shall comply with the provisions of Chapter 119,
Florida Statutes (Public Records Law) in connection with this Agreement, as
modified by exemptions in Chapter 288, Florida Statutes.
20. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed to be an original copy and all of which shall constitute
but one and the same instrument.
21. General. The Background Recitals are true and correct and fora, a material part of
this Agreement.
22. TERMINATION IN REGARDS TO F.S. 287.135: COMPANY certifies that it and
those related entities of COMPANY as defined by Florida law are not on the
Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of
the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this
agreement is for goods or services of one million dollars or more, COMPANY
certifies that it and those related entities of COMPANY as defined by Florida law
are not on the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not
engaged in business operations in Cuba or Syria.
OWNER may terminate this Contract if COMPANY is found to have submitted a
false certification as provided under section 287.135(5), Florida Statutes, been
placed on the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or been engaged in business operations in Cuba or Syria, as defined by
section 287.135, Florida Statutes.
OWNER may terminate this Contract if COMPANY, including all wholly owned
subsidiaries, majority-owned subsidiaries, and parent companies that exist for the
purpose of making profit, is found to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth
in section 215.4725, Florida Statutes.
23. 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
-10-
ATTACHMENT 2
98
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.
IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County,
Florida has made and executed this Agreement on behalf of COUNTY and COMPANY has
hereunto set its hand the day and year above written.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
(To Be Determined), Chairman
ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
APPROVED:
Jason E. Brown, County Administrator
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Dylan Reingold, County Attorney
COMPANY:
BY:
Typed Name
Title:
-11-
ATTACHMENT 2
99
WITNESS:
Signature
Title:
-12-
ATTACHMENT 2
100
EXHIBIT "A" TO THE JOBS GRANT AGREEMENT
BETWEEN INDIAN RIVER COUNTY & KESSEL MEDICAL, INC
COMPANY Identification and Information:
Application received date: October 12, 2022.
COMPANY description:
KESSEL MEDICAL, INC. is an existing manufacturer in the County that manufactures
surgical appliances and supplies.
COMPANY'S current mailing address:
2345 14th Ave., Suite 10
Vero Beach FL 32960
-13-
ATTACHMENT 2
101
EXHIBIT "B" TO THE JOBS GRANT AGREEMENT
BETWEEN INDIAN RIVER COUNTY & DIAMOND DRINKS OF FLORIDA, INC
I. Target Industry Categories eligible for application:
COMPANY qualifies for the Jobs Grant Program under the
"Manufacturing/Warehouse/Distribution" category. Under the North American Industrial
Classification System (NAICS), COMPANY's activities are classified in the category of
"Surgical Appliance and Supplies Manufacturing", NAICS Code #339113.
II. Employment Commitment:
The COMPANY is receiving this Grant based upon its representation that it will bring the
following employment opportunities to COUNTY:
1) 0 # of new, full-time employees whose annual wages are between 75% and
99.9% of Indian River County's average annual wage.
2) 17 # of new, full-time employees whose annual wages are between 100% and
149.99% of Indian River County's average annual wage
3) 3 # of new, full-time employees whose annual wages are 150% or greater of
Indian River County's average annual wage
III. Maximum Potential Grant Amount
Category
Qualified Jobs
Amount per Job
Total
75% of county average wage
0
$3,000
$0
100% of county average wage
17
$5,000
$85,000
150% of county average wage
3
$7,000
521,000
Sub -Total Grant Amount
$106,000
*The actual amount of the grant will depend upon the actual number of jobs provided and the salary paid for those
jobs. In no case shall the total amount of the grant exceed $106,000. As noted in the agreement, incremental payments
will be made for qualified jobs based upon phase dates and actual company performance in meeting local jobs grant
requirements.
F:\Community Development\Users\EDplannr\INCENTIVES & FUNDING\IOBS GRANT PROGRAM\ACTIVE JOBS GRANTS\Kessel Medical, Inc\BCC Agenda
Items\Proposed Jobs Grant Agreement - Kessel Medical, Inc.docx
-14-
ATTACHMENT 2
102
Use black ink. Example A - Handwritten Example B - Typed
E T pkl A- EXampla-8
0 1 2 3 4 Ft 8:
:;0 1 301L i
QUARTER ENDING
Employer's Quarterly Report Payment Coupon
DUE DATE
7 --
III II VIII I II III II II illll I II IIII
II
Name
Title
Do not inke any changes Ifyou do not have an account number, you
Mailing
inforinafion on this lonn. FE.LNUMBER
It changes we needed,
Florida Department of Revenue
request and complete an
EmpkywAccount
Addre ss
Phone
--[Fa
Change F— (HTS -3). FOB MMUSE OWPOS MADATE
Citylstmp
Reverse Side Must be Completed
2. Grosswagespaid this quar1ler
(Must 101:31 all pagest
Location
3. Excess wages paid this quarter
(See instructors) 1111 -E•iE]
El
Addre ss
4 Taxable wages paid this matter
(Seeinstruallons) E `1
Preparer check
5. Tax due
(101ultply Line 4 by Tax Rate)
Citylsvzlp
6 Penaltyclue -7
(See insti
Paid
--J T
I Enter the li-ital number
of full-time and part dame 1st Month
7 interest due
(See instructions)
I DE110
coveredwPrkem wt.0
GROSS WAGES—y
(From Line 2 above)
8 Installment fee
penormied services during
or received pay for the 2nd Month
9b. Amount Eldillsed F,
(Seeinstructons) L jT:
F7 [I
payroll penod inclunng the
1,211h ofthemorith- 3rd Month
AMOUNT ENCLOSED
. 717
1�
.Date
Check if final retum:
Date operations ceased.
Check if you had out- A -state wages. Attach Enr9byer%;
Quarterty Report for Out -of -State Taxable Wages (R T-6 N Q.
Exhibit "C"
Florida Department of Revenue Employer's Quarterly Report
Employer's Quarterly Report Payment Coupon
Employers ployers are required to fl e quarterly tmAage reports regardless of employment activity or whe dtw any tax as are due.
RT -6
Use Black Ink to Complete This Form R. 01/15
T
PENALTY AFTER DATE TAX PRE RTAXOUNTNUMBER
R. 01/15
Title
Do not inke any changes Ifyou do not have an account number, you
to the pre-prialled are required to register {see instruotions)t
inforinafion on this lonn. FE.LNUMBER
It changes we needed,
Florida Department of Revenue
request and complete an
EmpkywAccount
)R USE ONLY
Phone
--[Fa
Change F— (HTS -3). FOB MMUSE OWPOS MADATE
L � / —�'
Reverse Side Must be Completed
2. Grosswagespaid this quar1ler
(Must 101:31 all pagest
��
LPOSTMARK OR NAND -DELIVERY DATE
3. Excess wages paid this quarter
(See instructors) 1111 -E•iE]
El
preparer'a
4 Taxable wages paid this matter
(Seeinstruallons) E `1
Preparer check
5. Tax due
(101ultply Line 4 by Tax Rate)
6 Penaltyclue -7
(See insti
Paid
--J T
1
7 interest due
(See instructions)
--N or PTIN
kms,
E :1 EE
GROSS WAGES—y
(From Line 2 above)
8 Installment fee
(Seeinstruclions)
9a. Total annual due
(See instruclions)
9b. Amount Eldillsed F,
(Seeinstructons) L jT:
F7 [I
lifyou are filing as a soleproprietor, is this for
AMOUNT ENCLOSED
domestic (household) employment only? V
if8eir-amployed]
Rule 73111-10.037
Employer's Quarterly Report Payment Coupon
RT -6
Florkle Adminialtrallive Go"
ISign
R. 01/15
Title
here
Florida Department of Revenue
COMPLETE and MAIL with your REPORTMAYMENT.
)R USE ONLY
Phone
--[Fa
Please write your RT ACCOUNT NUMBER on check,
Make check payable to: Rmich tI.C. Fad
L � / —�'
L
Date
��
LPOSTMARK OR NAND -DELIVERY DATE
preparer'a
Preparer check
--------
Prepo'e..'s
Paid
1
if sel"implafed
--N or PTIN
kms,
E :1 EE
GROSS WAGES—y
(From Line 2 above)
— ----- ----- --
preparers
Firm's name for yrs
FEIN
AMOUNT ENCLOSED
only
if8eir-amployed]
.Date
(From Line 9b above.)
end address
ZIP
Preparers
Mailing
phone number
Rule 73111-10.037
Employer's Quarterly Report Payment Coupon
RT -6
Florkle Adminialtrallive Go"
R. 01/15
Efteofte Date 11/14
Florida Department of Revenue
COMPLETE and MAIL with your REPORTMAYMENT.
)R USE ONLY
7
Please write your RT ACCOUNT NUMBER on check,
Make check payable to: Rmich tI.C. Fad
L � / —�'
L
��
LPOSTMARK OR NAND -DELIVERY DATE
RT ACCOUNT NO.
11 LJ
1
Cents I
F.E.I. NUMBER
El -
kms,
E :1 EE
GROSS WAGES—y
(From Line 2 above)
-1
AMOUNT ENCLOSED
(From Line 9b above.)
Name
PAYMENT FOR QUARTER
Mailing
ENDING MM/YY IF,
Address
Check here if you are electing to Check here if you transmitted
cjtyfstjzlp
pay tax due in installments- funds electronically.
L9100
0 99999999 0068054031 7 5009999999 0M
4
III II VIII I II III II II VIII I II IIII II III II L Florida Department of Revenue Employer's Quarterly Report R. 01/15
Employers are recuira4 to fila quarterly tex/avags reports regr9ess of employ^nert activity a whether arty axes are due.
Use Black Ink to Complete This Form
QUARTER ENDING EMPLOYER'S NAME
10. EMPLOYEE'S SOCIAL SECURITY NUMBER
F1'El---- ---
007111 — Ell ----
(� (—[--1 E -^
th _
11. EMPLOYEE'S NAME (please pnrl first twaw cheraciers of lain noire and lira!
eWdaWetaoffrSnwreinboxesl
RT 4CCOUNT NUMBER
12a EMPLOYEE'S GROSS WAGES PAID THIS QUARTER
12b. EMPLOYEE'STAxABLE WAGES PAID THS WART ER
Only the fiwt V000 poid to each employee per cdendar year is tenable.
DO NOT
Mail Reply Ta
Social security numbers (SSNs) are used by the Rodda Department of Revenue as unique
Reemployment Tax
identifiers for the administration of Florida's taxes. SSNs obtained for tax administration
rr
r
purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not
5050 W Temessee St Bldg L
subject to disclosure as public records. Collection of your SSN is authorized under state
�,
C .:E
for more information regarding the state and federal law governing the collection, use, or
-.i--u --
--
12a.
r
---� - -
I
� 1-17-1
"M:ae
a,
.�-
,Zb.,�
,i�
E.
_
-
L
I] ----
— —
I- - __-12..-.
_
� `
Flt
-r-�
�L
,.
12b.
�.
-E- C ---
C ,ti.
_
I ,I
i
C.
r
11 Ell ID Ell—
I
L..�_
Name--
-----C
12■.--.
r fstd
I
---- ---
t he
„a
12b.C.
--
11 - CMCJ
EllEE
Fist
El
E
h
a
12b.
t�r—
t ,
----------
- ,�.-�
i
-
--.
,L.
E
Nan
i
[I
,t::_.a
,
h
13a. Told (kris Wages (add Lines 12a only). Total this page only.
Inckide itis and totals from additional pages in Line 2 on page 1.
I
( ! -
,�
i -
,_
J ■ Ell,
+ I
u
13b. Total Taomble Wages (add Lines 12b only). Total this page only.
Include this and totals from additional pages in Line 4 on page 1.
! �u
DO NOT
----------------- DETACH _--__..-----------------------------"'------------------------------
Mail Reply Ta
Social security numbers (SSNs) are used by the Rodda Department of Revenue as unique
Reemployment Tax
identifiers for the administration of Florida's taxes. SSNs obtained for tax administration
Florida Department of Revenue
purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not
5050 W Temessee St Bldg L
subject to disclosure as public records. Collection of your SSN is authorized under state
Tallahassee FL 32399-0180
and federal law. Visit our website at www.myfloridacomt/dor and select "Privacy Notice'
for more information regarding the state and federal law governing the collection, use, or
release of SSNs, including authorized exceptions.
Please save your instructions!
Quarterly Report instructions (RT-6NlRTSA are only mailed
with new accounts or when there are changes. tl you misplace
your instructions, you can dowNoad thein from
wwwnyflorida.com/dor
104
•
1007111
COMPANY INTRODUCTION
Economic Development Committee
Indian River County, Florida
November 15h, 2022
FOUNDERS
11/22/2022 Item 12.A.1.
F-1
KESSE0
MEDICAL
KESSELI
MEDICAL
November 15i°,2022
Both Jack Griffis and Don Griffin recently exited
last start-up post $125M acquisition in April 2021
2
30 years in the medical device industry
32 years in the medical device industry
• Served in research and development,
Served in research and development,
quality assurance, and regulatory affairs
operations, quality assurance, and
we.
Co -recipient of six national design /
customer service
excellence awards and has 56 patents 1�
Fortune 500 and numerous start-up
issued by the United States Patent Office
medical device companies
Recipient of the Tibbett's Award from the
6 patents issued by the United States
SBA in 2011
Patent Office
Inducted into the National Academy of
BS in engineering from Georgia Tech and
Inventors in 2014
MBA from Kennesaw State University
• BS and MS degrees in engineering from
Planned relocation to Vero Beach from
Georgia Tech
Atlanta upon end of current school year
• Current resident of Vero Beach (since '15)
KESSELI
MEDICAL
November 15i°,2022
Both Jack Griffis and Don Griffin recently exited
last start-up post $125M acquisition in April 2021
2
OPERATIONS / CUSTOMERS
• Started out with 1,100 sqft space off 14" Avenue
• Start out with 2 part-time employees (excluding founders)
• Expanding to —4,000 sgft by 2"d Qtr 2023
• Converted 2 part-time to full-time employees Q1 2023
• Adding 3 full-time employees by Q4 2023
Adding another 6 full-time employees by Q4 2024
Adding another 9 full-time employees by Q4-2025
JSIMPLE SOLUTIONS
MEDICAL
11/22/2022 Item 12.A.1.
IMNational Institutes of Health
Tuming Discovery Into Health
GRANT SUPPORT: 1 R43HL158282-01
GRANT SUPPORT: 5R42AI143011-01/04
GRANT SUPPORT: 7R44NS0971 1 3-05
BIOCIRCUIT'm
TECH NOLOG IES
Smithfield
B10SCiENCE
ISO 7
Cleanroom
-
3
Kessel Medical LLC
Current facility
Build out complete
Addition of ISO 7
Added fifth
founded in Jun '21,
lease signed,
and started
(Class 10,000)
customer and
moved to Florida
build -out initiated
operations, added
cleanroom for
expanding
and converted to
and obtained first
second and third
implant
operations (new
S -corp in Aug '21
customer
customers
manufacturing and
facility, additional
added fourth
equipment)
customer
Jun `21 Nov `21 Feb `22 Oct `22 Dec `22
November 15', 1072
1104- 2
P1
CAPABILITIES
Na -h, 15", 7017 2�
11/22/2022 Item 12.A.1.
• Over $250K in capital
equipment
• Packaging and sterilization
services (3,d party strategic)
• Specialty (shape memory)
alloy processing
• Printed flexible circuits
• Laser cutting and marking
• Die cutting and converting
• 3D printing
• Electronics assembly
• Device assembly
• Quality and inventory control
for finished goods
• Tissue decellularization (2023)
• Adding $250K in capital
equipment in 2023
KESSE0
MEDICAL
5
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
November 22, 2022
Kessel Medical, Inc
Local Jobs Grant Application
Applicant has not requested
confidentiality in accordance with
Florida Statutes Section 288.075
Local Jobs Grant Program
• Financial incentives for "Targeted Industries" to locate or expand within
Indian River County - Polic 2.5
• $3,000 for each new position created that pays from 75% to 99.99%
of the County's average annual wage ($34,717 to $45,826)
• $5,000 for each new position created that pays from 100% to
149.99% of the County's average annual wage ($46,289 to $69,429)
• $7,000 for each new position created that pays 150% or more of the
County's average annual wage ($69,434).
Kessel Medical, Inc is a Medical Supply Manufc,
Business
Applicant qualifies for the jobs grant program under
County's "Manufacturing/Warehousing/Distribution"
Industry Categories
Location will be in Indian River County
Due Diligence
Focused on the main sources of data readily available
Company, its Officers, and Agents
• Dun and Bradstreet credit/financial report
• Corporate registrations and liens search
• County official records for tax liens, judgments, and pending litigation
• Public Access to Court Electronic Records (PACER) to search for federal civil
and federal bankruptcy actions
Proposed Jobs Salary Range and Payment Per Job
Category
Qualified
Amount pet-
Total
Jobs
Job
5°loo' county average wage
0
$3,000
$0
($32,384 to $43,177)
100% of county average wage
17
$5,000
($43,178 to $64,766)'>'������
150% of county average wage
3
$7,000
$21,000
($64,767)
Sub -Total Grant Amount
$106,000
provided
5 1/1/2024* $259000
6 1/1/2025* $369000
9 1/1/2026* $459000
TOTAL $1069000
* Date can be administratively extended up to one year
Potential Payments by Fiscal Year (FY)
Aw MW
FY
Proposed
Job Grant
Payments
�:2024-25
$8,333.34
jr,"' 2025-26
$20,333.33
2026-27
$35,333.33
ELM-
, 2027-28
'RPM[, M[,
$27,000.00
AMA
2028-29
$1500.00
Total
$1069000.00
Economic Development Council
At its regular meeting on November 15, 202
Indian River Economic Development Cou
voted unanimously to recommend that oard
of County Commissioners approve a c jobs
grant of up to $106,000 for Kesse ical, Inc.
RECOMMENDATION
ue
F
Staff recommends that the Economic Development
Council recommend that the Board of County
Commissioners approve a local job grant of up to
$106,000 for Kessel Medical, Inc.
/4
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)Highway Maintenance Memorandum of
Agreement (MMOA) for CR510 (85' Street)
FM No. 405606-7-52-01 (IRC -2230)
DATE: November 15, 2022
DESCRIPTION AND CONDITIONS
The Florida Department of Transportation is in the final stages of design for the CR510 (851 Street) project as
part of the County roadway system from CR512 to 87' Street and is preparing to move the project forward for
construction in 2025.
Florida Department of Transportation requires that the local agency governing board approve a resolution
accepting the attached Highway 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 widening of CR510 from
two lanes to four, drainage improvements, stormwater retention ponds, 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 the CR510 (85'h Street) project 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 22, 2022
C:\Granicus\Legistar5\L5\Temp\d3197360-bOc8-4f46-8ef2-ba863d80fc95.docx 105
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 405606-7-52-01 WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF CR510 (85TH
STREET) WIDENING FROM CR512 TO 87TH STREET UPON FINAL ACCEPTANCE BY THE
COUNTY OF THE IMPROVEMENTS CONSTRUCTED BY THE FLORIDA DEPARTMENT OF
TRANSPORTATION
WHEREAS, the construction of the CR510 widening from CR512 to 87th Street (Project) is an Indian
River County priority project; and
WHEREAS, FDOT has agreed to make certain improvements to CR510 from CR512 to 87th Street,
including, but not limited to widening from two lanes to four lanes, stormwater retention ponds, 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 405606-7-52-01 for the County to maintain CR510
(85th Street) from CR512 to 87th Street 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 405606-7-52-01 for the Project.
The foregoing resolution was offered by Commissioner
The motion was seconded by Commissioner
as follows:
Susan Adams
Joseph E. Flescher
Joseph H. Earman
Deryl Loar
Laura Moss
who moved its adoption.
and, upon being put to a vote, the vote was
The Chairman thereupon declared the resolution passed and adopted this
12022.
BOARD OF COUNTY COMMISSSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By.
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By:
Deputy Clerk
Page 1
, Chairman
day of
Approved as to Form and Legal Sufficiency
William K. DeBraal, Deputy County Attorney
106
SECTION No.: 88050000
FM No.: 405606-7-52-01
AGENCY: Indian River CO.
C.R. No.: 510
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 COUNTY, a political subdivision of the State of
Florida, or a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY
collectively referred to as Parties.
WITNESSETH:
WHEREAS, the AGENCY has jurisdiction over COUNTY ROAD 510 (85th Street), as part of the
COUNTY roadway system from CR 512 to 87th Street; 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
405606-7-52-01, which involves widening CR 510 from two lanes to four lanes; hereinafter referred to as
the "Project", as more particularly described in Exhibit A; and
WHEREAS, the DEPARTMENT may not spend state funds for off -system projects; and
WHEREAS, upon acquisition of the necessary right-of-way, if needed, the DEPARTMENT will
proceed to construct the Project; and
-1- 107
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.
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 to construct this
Project.
4.The AGENCY shall continue to maintain the existing roadway and any property owned by the
AGENCY until the DEPARTMENT begins construction of the Project. The AGENCY shall continue
to 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 2022, 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 2022-2023, 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 but is not limited to, drainage pond,
flexible pavement, signing and pavement markings, signalization equipment, sidewalks,
intersection pedestrian lighting, drainage structures, handrails, the Indian River County North
County Transit Hub (inclusive of fencing, gates, sidewalk, pavement, sodding, signing & marking,
curb, and pond), and miscellaneous walls.
a. The AGENCY grants to the DEPARTMENT all rights necessary to enter and
construct the Project.
-2- 108
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.
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 requests of the DEPARTMENT to
provide written notice to utility owners 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
connections with utility customers.
9. Signals: The AGENCY shall cooperate with the DEPARTMENT to effect signal and interconnect
connections for the Project.
10. The DEPARTMENT and the AGENCY shall keep the commitments established in the PD&E study,
Preliminary Engineering Report and as amended by approved re-evaluations.
11. Drainage: Includes drainage system along CR 510, a new combined drainage pond with bus hub
-3- 109
located east of CR 510 immediately north of the Sebastian River High School, an existing pond
located on the south side of CR 512 between CR 510 and Sebastian River Lane, and an existing
pond located adjacent to and on the west side of CR 510 between 89th Street and 87th Street.
The proposed design will maintain existing drainage patterns with modifications to some
drainage structures necessitated by widening of the roadway. A drainage pond north of the
Sebastian River High school and the existing drainage pond between 89th Street and 87th Street
will treat the CR 510 drainage. The existing pond on CR 512 between CR 510 and Sebastian River
Lane will treat water from CR 510 and intersection improvements at CR 512. A new box culvert
will be installed across CR 510 to replace the existing box culvert at 89th Street.
12. 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 DEPARMENT 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.
13. 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.
14. 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.
15. The DEPARTMENT will provide the AGENCY with as-builts as a part of the final acceptance
package.
16. Additional Insured: The DEPARTMENT shall include the following paragraph as part of Section 7-
13.2 of the Standard Specifications for Road and Bridge Construction, Division 1, General
Requirements and Covenants (January 2022), as amended, applicable to this Project:
"Cause Indian River County to be an additional insured party on the Contractor's Public Liability
and Property Damages Liability Insurance policies that insure the Contractor for the described
work that it performs under the Contract."
-4- 110
17. This Agreement shall be governed, interpreted and construed according to the laws of the State
of Florida.
18. LIST OF EXHIBITS
• Exhibit A: Project Scope
• Exhibit B: AGENCY'S Resolution
[This space intentionally left blank.]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year provided
below.
AGENCY
ATTEST:
INDIAN RIVER COUNTY, through its
JEFFREY R. SMITH BOARD OF COUNTY COMMISSIONERS
By:
day of 20
Approved as to form by Office of County Attorney
By:
DEPARTMENT
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Transportation Development Director
day of 20
Approval :
Office of the General Counsel (Date)
-6- 112
SECTION No.: 88050000
FM No.: 405606-7-52-01
AGENCY: Indian River CO.
C.R. No.: 510
EXHIBIT A
PROJECT SCOPE
All of the improvements are to be completed by the DEPARTMENT within the AGENCY's existing CR 510,
from CR 512 to 87th Street; and CR 512, from Sebastian Crossing Boulevard to Sebastian River Lane,
right-of-way and/or all acquired property interests to be acquired by the DEPARTMENT for the AGENCY.
Typical Section
• CR 510 from CR 512 to 87th Street
o Four (4) 11 -foot wide travel lanes (two in each direction) with seven (7) -foot buffered
bicycle lanes
o Raised median of variable width (minimum 20 -foot wide)
0 5- to 6 -foot wide sidewalks along both sides of roadway with ADA compliant pedestrian
ramps
Signing and Pavement Markings
• Includes signing and pavement marking within the project limits.
Signalization
• Includes signals on CR 510 at the intersections of CR 512, Mako Way; Hammerhead Way, and
87th Street. Interconnect from CR 512 to 87th Street.
Drainage
• Includes drainage system along CR 510 and CR 512 with a new drainage pond immediately north
of Sebastian River High School and use of two existing drainage ponds: CR 512 between CR 510
and Sebastian River Lane, and on CR 510 between 891h Street and 87th Street. A new box culvert
across CR 510 at 89th Street to replace the existing culvert.
Permits
• The DEPARTMENT will acquire the following permits in the AGENCY's name: SJRWMD, SRID and
USACE/FDEP.
Lighting
• Includes lighting at the signalized intersections.
Miscellaneous
• Retaining walls with handrail along back of sidewalk or other areas along the right of way of CR
510.
-7- 113
Transit
• A new bus hub (Indian River County North County Transit Hub) to utilize the berm tops of the
proposed pond immediately north of the Sebastian River High School.
-8- 114
SECTION No.: 88050000
FM No.: 405606-7-52-01
AGENCY: Indian River CO.
C.R. No.: 510
EXHIBIT B
AGENCY's Resoluti
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
13A
Attorney's Matters - B. C.C. 11-22-2022
Oce of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: November 8, 2022
SUBJECT: Indian River County Committees — Member Reappointments
BACKGROUND.
ATTORNEY
On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which appointed
the County Attorney's Office to monitor member terms of certain committees.
Specifically, the resolution requires that (1) on approximately October 15 of each year, the County Attorney's
Office shall contact all board appointed committee members whose terms will expire in the following January,
and determine whether those members want to be considered for reappointment, and (2) at the last Board
meeting in November of each year, the County Attorney's Office shall present to the Board a list of all
committee members requesting reappointment — at which time the Board will reappoint members from the
list as it deems appropriate. Thereafter, on approximately December lst of each year, a list of committee
vacancies will be created and posted on the County website, and the Board will make appointments to fill the
vacancies no later than the following January 15th.
The County Attorney's Office has contacted committee members whose term will expire in January 2023.
Attached to this memorandum is a list of those members who have requested reappointment. The Board should
now review the list and make such reappointments as it deems appropriate.
It should be noted that in addition to those committee members not seeking reappointment, there are many
existing vacancies. A list of the anticipated vacancies is attached for informational purposes.
C:IGranicuslLegistar5tL5Temp W99469f--3a 13-482c-872a-defdal245Jb0.docx
116
Board of County Commissioners
November 8, 2022
Page Two
RECOMMENDATION.
The County Attorney recommends that the Board consider the list of committee members requesting
reappointment, and reappoint such members as the Board deems appropriate.
ATTACHMENT(S).
1. List of Committee Members Requesting Reappointment
2. List of Anticipated Committee Vacancies (Informational Purposes Only)
DTR:cm
C: IGranicusU egistar51L51Templec99469f-3a13-482c-872a-defda1245Jb0.docx
117
COMMITTEE MEMBER TERM
RENEWAL FOR 2022
Committee Members who have terms that are due to expire in January 2023, and wish to
have their term renewed.
1. AFFORDABLE HOUSING ADVISORY COMMITTEE
2 Year Terms — No Residency Requirement
o Jeff Francisco — Not -for -Profit Provider of Affordable Housing
o Julianne Price — Advocate for Low Income Persons
o David Myers, H - For -Profit Provider of Affordable Housing
2. AGRICULTURE ADVISORY COMMITTEE
2 Year Terms — County Residency Requirement
o David F. Howard — Actively Involved in Agricultural Industry Representative
o Sean Sexton - Actively Involved in Agricultural Industry Representative
o Anna Kirkland — Agriculture Industry Associate Representative
o Michael Sexton — Farm Bureau Representative
3. BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE
2 Year Terms — County Residency Requirement
o William "Tuck" Ferrell - BCC Appointee
4. CHILDREN SERVICES ADVISORY COMMITTEE
4 Year Terms — County Residency Requirement
o Robert Schutt, Jr. — Member -At -Large
5. CODE ENFORCEMENT BOARD
3 Year Terms — County Residency Requirement
o Frank (Pete) Clements — General Contractor
o James A. Kordiak — Member -At -Large
o David Myers, H — Business Person
6. CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
3 Year (Staggered) Terms — No Residency Requirement
o Bryant Jenks — Engineer
o William B. Schuh, Jr. — General Public
o Kathryn Casano-Radecke — General Public
118
7. ECONOMIC DEVELOPMENT COUNCIL,
4 Year Terms - County Residency Requirement
o John Dyer - Local Industry Representative
o Anna Kirkland - Member -At -Large
o Danny Markford - Local Manufacturing Representative
o Gerald W. (Jerry) Renick - Local Agricultural Industry Representative
o J. Rock Tonkel - Representative Appointed by the BCC
8. ENVIRONMENTAL CONTROL HEARING BOARD
4 Year Terms - County Residency Requirement
o Norman Meyers - Medical doctor, recommended to BCC by County Medical Society
o Anna Kirkland - Member -At -Large: Citizen Not Holding Elective Office
9. PLANNING $ ZONING COMMISSION
4 Year Terms - County Residency Requirement
o John Stewart - Member -At -Large
10. TOURIST DEVELOPMENT COUNCIL
4 Year Terms - County Residency Requirement
o Jennifer Bates - Owner/Operator of Motel, Hotel, RV Park or Other Tourist
Accommodation
o Keith Kite - Owner/Operator of Motel, Hotel, RV Park or Other Tourist
Accommodation
o Karen Mechling - Interested in Tourist Industry, etc., But Owner/Operator of Motel,
Hotel, RV Park or Other Tourist Accommodation
119
INFORMATIONAL ONLY
Committee Members who have terms that are due to expire in January 2023, but decided
not to renew their term or resigned (does not include district specific appointments, and
existing vacancies).
• AGRICULTURE ADVISORY COMMITTEE - 2 -year term, unless otherwise noted
o Actively Involved in Agritourism Industry Representative - (two existing vacancies)
• BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE - 2 -year term,
unless otherwise noted
o BCC Appointee — Dave Barney
o BCC Appointee — Mark Tripson
• CHILDREN'S SERVICES ADVISORY COMMITTEE — 4 -year term, unless otherwise
noted
o District 4 Appointee - Michelle Falls
o Accountant, certified financial officer, certified financial planner or has significant
financial experience (existing vacancy)
• CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS — 3 -year term, unless
otherwise noted
o Mechanical Contractor (existing vacancy)
• COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN ADVISORY
TASK FORCE — 4 -year term, unless otherwise noted
o Citizen of Indian River County (two existing vacancies)
• ECONOMIC DEVELOPMENT COUNCIL — 4 -year term, unless otherwise noted
o Real Estate Industry Representative — Tim Borden
o Healthcare Industry Representative — Ralph D. Turner
120
• ENVIRONMENTAL CONTROL HEARING BOARAD 4 -year term, unless otherwise
noted
o Member -At -Large: Citizen Not Holding Elective Office —Dr. Richard Baker
• PLANNING & ZONING COMMISSION — 4 -year term, unless otherwise noted
o District 2 Appointee - Alan Polackwich
• PUBLIC SAFETY COORDINATING COUNCIL — 4 -year term, unless otherwise noted
o Representative from county/state jobs program or other community groups who work
with offenders and victims (existing vacancy)
W41
IgAi
NOVEMBER 22, 2022
COMMISSIONER'S MATTERS
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: November 15, 2022
SUBJECT: County Commissioners' Administrative Assistants' Assignments
FROM: Deryl Loar, Commissioner, District 4
Discussion Item:
I respectfully ask to discuss with the Board the current assignments of our County Commissioners'
Administrative Assistants.
Thank you.
122
16-61
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: November 14, 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 (SWDD)
Subject: Request for General Funds - PACE Project and Other Community Projects FY2022-23
Descriptions and Conditions:
The Solid Waste Disposal District (SWDD) has in the past used the General Fund to cover the disposal cost
for fees associated with community projects, including the Florida Department of Health (FDOH) in Indian
River County (IRC) Division of Environmental Health's (EH) Protocol for Assessing Community Excellence
(PACE) project. The PACE project focuses on identifying issues in a community, one of which is abandoned
homes. These abandoned homes pose safety and health hazards, and provide havens for drug dealers and
other criminal activities. It has been determined that there are homes that need to be demolished in
order to enhance the well-being of the community. Other community projects include removing illegal
dumping and other clean-up projects that involve volunteers throughout our community.
SWDD has received the attached request from Julianne Price, EH Manager at FDOH in IRC, for an
allocation of $6,000 for this fiscal year. Staff supports this request, but is requesting a total of $9,000 in
funding to cover the request from FDOH along with an annual pledge of $2,000 to the Indian River Farms
Water Control District (IRFWCD) and $1,000 for other miscellaneous cleanup/illegal dumping projects.
Analysis:
For each PACE EH project, labor and machinery will be donated towards the cleanup effort. It is the
request of the partners involved in each project that the Board of County Commissioners (BCC) allocate
funds to cover associated landfill disposal fees. This will include disposal of debris from the demolition and
reconstruction of homes involved in the PACE project, and illegal public dumping debris that is cleaned up
by County/SWDD staff or by volunteers. The total estimated landfill fees are not expected to exceed
$9,000.00 for all projects involved in clean-up efforts.
Funding:
The $9000 in funding to cover landfill disposal fees for cleanup events and illegal dumping debris will
come from the General Fund/Planning/Other Professional Services account (00120415-033190) via a
budget amendment from Reserve for Contingency.
SSWDD Agenda - Request for General Funds - PACE and Other Community Project FY2022-23 Page123
SWDD Item
Description
F Account Number
Amount
General Fund/Planning/Other Professional Services
1 00120415-033190
$9,000.00
Recommendation:
Staff recommends the Board of County Commissioners authorize up to $9,000.00 to be donated to various
Protocol for Assessing Community Excellence (PACE), Indian River Farms Water Control District, and
miscellaneous illegal dumping projects for the sole purpose of paying associated landfill fees.
Attachment:
Letter from Health Department
SSWDD Agenda - Request for General Funds - PACE and Other Community Project FY2022-23 PageIN
Mission:
To protect, promote & improve the health
of all people in Florida through integrated
state.. county & community efforts.
HEALTH
Vision: To be the Healthiest State in the Nation
November 14, 2022
Indian River County Solid Waste Disposal District
1325 74" Avenue SW
Vero Beach, FL 32968
RE: Landfill Fee Allocation
Dear Himanshu:
Ron DeSantis
Governor
Joseph A. Ladapo, MD, PhD
State Surgeon General
Since April 2009. Florida Department of Health in Indian River County's Environmental Health section
has been implementing the Protocol for Assessing Community Excellence in Environmental Health
(PACE EH) in the Gifford, Fellsmere and Wabasso communities. One of the top issues that has been
identified by the residents and the health department is abandoned homes. These abandoned homes
are safety and health hazards and provide havens for drug dealers and other criminal activities.
In addition to PACE EH; Environmental Health responds to complaints associated with abandoned and
derelict homes and structures throughout the county. Environmental Health staff also respond to illegal
dumping complaints when there is a creation of a sanitary nuisance. This type of complaint response
has increased with the current economic climate, aftermath tropical storms and continued mosquito
concerns in the community.
In 2018, the Commission allocated $6,000 to assist with landfill fees while labor and equipment were
donated by private contractors to assist the very low-income property owners with demolishing the
hazardous structures.
It has been determined that there are other abandoned structures and illegal dumping sites that need to
be demolished and cleaned up to improve the well-being of the community. It is the request of the
partners involved that the County Commission allocate funds to cover associated landfill fees. The total
associated landfill fees are not expected to exceed $6,000.
Sincerely,
WC4�1 DN��
JLYianne R. Price, R.S.
Environmental Health Manager
Florida Department of Health
in Indian River County
1900 271, Street, Vero Beach, FL 32960 Accredited Health Department
PHONE: 772!794-7400 • : Public Health Accreciitationl3rd
WEBSITE: http:l/indianriver.flo6dahealth.gov LLQ
FloridaHeatth.gov
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: November 11, 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. 18 to Geosyntec for Segment 3, Cell 3 Site Preparations
Descriptions and Conditions:
The Indian River County (IRC) Solid Waste Disposal District (SWDD) Class 1 landfill includes the closed Segment
1- Infill/Segment 2 vertical expansion, and Segment 3 lateral expansion (Segment 3). The total footprint area
of Segment 3 is 76 acres and consists of eight cells that are being constructed in phases, as needed. Segment
3 - Cell 1, directly east of and on top of the east slope of Segment 2, was constructed in 2013. Segment 3 - Cell
2 was constructed in 2020.
Over the past two years, we have seen an average 21% increase in construction and demolition (C&D) debris
going into the landfill compared to an average 1% increase in municipal solid waste (MSW). Based on the
University of Florida Bureau of Economic and Business Research (BEER) reports, our average population
growth for the past two years has only been 2%. The significant increase in overall tonnages into the landfill
has resulted in our operator, Republic Services of Florida, LP (Republic), to estimate that the filling of Cell 2
will be nearly completed by the end of Calendar Year (CY) 2023 and has therefore recommended that SWDD
consider construction of Cell 3 during CY 2023.
SWDD staff is preparing a request for qualification (RFQ) for an engineering and construction services package
for future cell design, permitting, and construction services, which is projected to be complete before the end
of CY 2022. In the meantime, staff is recommending that we proceed with the Segment 3 - Cell 3 site
preparations, which include the earthwork for the subgrade of Cell 3, appropriate routing of the perimeter
stormwater ditch, and any impacts to groundwater monitoring wells and landfill gas probes, as necessary.
Accordingly, staff requested the attached proposal from Geosyntec to provide engineering design, contractor
procurement, and construction support services related to the site preparation activities.
Analysis:
Geosyntec has prepared Work Order No. 18, provided in Attachment 1, for engineering services detailing
the scope of work, budget, and schedule for each of the phases. The fees to be paid by SWDD for the
execution of this work authorization are in accordance with the Continuing Contract Agreement for
Professional Services (CCNA), dated April 17, 2018, renewed and amended as of May 18, 2021 engineer's
126
SWDD Agenda - Geosyntec WO No. 18- Segment 3 Cell 3 Site Preparation Page 1 of 2
SWDD Item
continuing consulting services master agreement. The phases are listed below along with their estimated
fees.
Phase Description
Budget
Phase 1: General Consulting/Meeting Support/Project Management
$19,502.26
Phase 2: Preparation of Construction Documents
$31,499.02
Phase 3: Contractor Procurement Support Services
$22,458.75
Phase 4: Construction -Phase Support Services
$83,707.44
Phase 5: Abandonment and Installation of Existing Monitoring Wells and LFG Probe
$14,137.24
Total
$171,304.71
Since time is of the essence, the proposed schedule anticipates contractor award by the end of January
2023, and to have the site preparation work ready for a future liner construction project by April 2023.
Funding:
Funding of $171,304.71 for this project is budgeted and available in the SWDD/WIP/Cell 3 Landfill
Expansion account, number 411-169000-22034. This is funded from SWDD assessments and user fees.
Description
Account Number
Amount
SWDD/ WIP/Cell 3 Landfill Expansion
1 411-169000-22034
$171,304.71
Recommendation:
Solid Waste Disposal District staff recommends that its Board approves and authorizes the Chairman to
sign Work Order No. 18 authorizing Geosyntec to provide engineering services for a not to exceed fee of
$171,304.71.
Attachment:
1. Geosyntec Work Order No. 18
127
SWDD Agenda - Geosyntec WO No. 18 - Segment 3 Cell 3 Site Preparation Page 2 of 2
WORK ORDER 18
Phase I - Segment 3, Cell 3 Site Preparation
This Work Order Number 18 is entered into as of this day of November, 2022, pursuant to that
certain Continuing Consulting Engineering Services Agreement dated April 17, 2018, renewed and amended as of
May 18, 2021, (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of
Work), attached to this Work Order and made part hereof by this reference. The professional services will be
performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order
and made a part hereof by this reference. The Consultant will perform the professional services within the
timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions
set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order
shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated
in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above.
CONSULTANT:
By:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By:
, Chairman
Print Name: Jim Langenbach, PE
Title: Vice — President BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Approved as to form and legal sufficiency:
Jason E. Brown, County Administrator
Dylan T. Reingold, County Attorney
128
EXHIBIT 1
PROFESSIONAL SERVICES
129
Geosyntec p
consultants
Mr. Himanshu Mehta, P.E.
Managing Director
Solid Waste Disposal District
Indian River County
1325 74th Avenue SW
Vero Beach, Florida 32968
1200 Riveiplace Blvd., Suite 710
Jacksonville, Florida 32207
PH 904.858.1818
www.geosyntec.com
15 November 2022
Subject: Proposal to Provide Engineering and Construction Support Services
Site Preparation for Cell 3 of Segment 3 Expansion
Indian River County Class I Landfill
Vero Beach, Indian River County, Florida
Dear Mr. Mehta:
Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this proposal to the Indian River
County (IRC) Solid Waste Disposal District (SWDD) for the provision of engineering design,
contractor procurement, and construction support services related to the site preparation activities
for Cell 3 of Segment 3 Expansion of the Class I Landfill (hereafter referred to as the Project) at
the IRC Landfill (IRCL) facility located in Vero Beach, Florida. The site preparation activities
include preparation of the subgrade of the approximately 10.5 -acre Cell 3 footprint, and
associated stormwater management features and groundwater monitoring wells in order to
expedite the construction of the Cell 3 liner system under a separate procurement contract. This
proposal presents the scope of work, schedule, and budget estimate for the: (i) preparation of
construction and contract documents; (ii) contractor procurement support services;
(iii) abandonment and installation of groundwater monitoring wells and landfill gas (LFG) probe
in accordance with the Water Quality Monitoring Plan (WQMP) of the Class I Landfill permit;
and (iv) construction -phase services for the site preparation work. This proposal was prepared in
response to a verbal request from Mr. Himanshu Mehta, P.E., Managing Director of SWDD to
Dr. Kwasi Badu-Tweneboah, P.E. of Geosyntec.
Geosyntec has prepared this proposal (professional services) as Exhibit A of CCNA-2018-WO
No. 18, 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.
NCP2022/XL222460 JL22072 Segment 3 Cell 3 Site Prepamtion doc
t111gineers I scientists I innovators
130
Mr. Himanshu Mehta, P. E.
15 November 2022
Page 2
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 SWDD administers the
management and operation of the Class I landfill at the IRCL facility. The Class I Landfill
includes the closed Segment 1/Infill/Segment 2 vertical expansion, and Segment 3 lateral
expansion (Segment 3). The total footprint area of Segment 3 is 76 acres and consist of eight
cells that are being constructed in phases as needed. Segment 3, Cell 1, directly east of and on
top of the east slope of Segment 2, was constructed in 2013. Segment 3, Cell 2 was constructed
in 2020. Republic Services of Florida LP (Republic), the operator of the Class I Landfill, has
estimated that filling of Cell 2 will be nearly completed by the end of Calendar Year (CY) 2023
and has therefore recommended that SWDD considers construction of Cell 3 during CY 2023.
In order to expedite Cell 3 construction, SWDD would like to implement it in two phases, as
follows:
• Phase 1: Site preparation activities consisting primarily of the earthwork for construction of
the subgrade for Cell 3; the fill material will be obtained from off-site borrow sources with
the actual placement and compaction to be performed by a contractor through the
procurement process. This phase also includes: (i) abandonment of the perimeter ditch east
of Cell 2 and construction of new perimeter ditches around Cells 3 and 4 footprints to tie
into the existing ditch south of Cells 1 and 2 footprints; and (ii) abandonment of existing
groundwater monitoring wells within Cell 3 footprint in accordance with the WQMP of the
Class I Landfill permit; this also includes and abandonment and installation of a
replacement LFG gas probe at the Class Landfill.
• Phase 2: Construction of the Cell 3 liner and leachate control systems to be performed by a
contractor selected through a separate procurement process.
This proposal addresses the engineering design and construction support services required to
complete Phase 1 of the Project, including preparation of construction and contract documents,
contractor procurement support, construction management (CM), and construction quality
assurance (CQA) services during the placement and compaction of the fill material for the
subgrade.
PROPOSED SCOPE OF WORK
This project includes professional engineering design and construction support services that will
be performed for the site preparation phase of the Project. The scope of work is based on the
requirements of Chapter 62-701, Florida Administrative Code (F.A.C.) and Geosyntec's
understanding of the Project based on information provided by the SWDD.
NCP2022/XL222460 JL22072 Segment 3 Ce113 Site Preparation.doc
eri;,,irtvers I scientists I innovators
131
Mr. Himanshu Mehta, P. E.
15 November 2022
Page 3
Geosyntec will provide engineering services necessary to complete the site preparation to
facilitate construction of Segment 3, Cell 3. The scope of services, therefore, includes
construction -phase services, such as, providing SWDD with the relevant construction drawings
and technical specifications, bid quantities, CM, and CQA monitoring, testing, and
documentation services. The scope of services to be performed by Geosyntec would ensure that
the fill material is placed and compacted in accordance with the project specifications and
regulatory requirements. In addition, groundwater monitoring wells and perimeter drainage
ditch within the footprint of Cell 3 will have to be abandoned and new perimeter ditch
constructed around Cells 3 and 4 footprints.
For budgeting purposes, the scope of work will be performed in five phases, as follows:
• Phase 1 — General Consulting/Meeting Support/Project Management;
• Phase 2 — Preparation of Construction Documents;
• Phase 3 — Contractor Procurement Support Services;
• Phase 4 — Construction -Phase Support Services; and
• Phase 5 — Abandonment and Installation of Existing Monitoring Wells and LFG Probe.
Each of these phases is briefly described below.
Phase 1- General Consulting/Meeting Support/Project Management
Phase 1 consists of three components: general consulting, meeting support, and project
management. Geosyntec will provide SWDD with consulting services necessary to initiate the
project. Geosyntec will prepare presentation graphics, engineering drawings, and other
documents required to support the Project's meetings and coordination activities.
A kickoff meeting with SWDD is proposed before the start of project activities so that the
specific project requirements can be discussed. In addition, review meetings will be held with
SWDD as necessary during the various phases of the project implementation schedule.
Following each meeting, Geosyntec will prepare meeting minutes that document decisions
reached in the meetings.
Project management activities will include: budget and schedule tracking, invoice review, and
project communications, including the preparation of a monthly progress report. The project
report will include a description of the activities completed during the month and planned
activities for the following month. In addition, the progress report will identify any technical or
administrative issues that require SWDD's attention and the current status of the budget and
schedule.
NCP2022/XL222460/JL22072 Segment 3 Cell 3 Site Preoaration.doc
engineers I scientists I innovators
132
Mr. Himanshu Mehta, P. E.
15 November 2022
Page 4
For the purpose of this budget estimate, Geosyntec has included two meetings: (i) one kickoff
meeting with SWDD; and (ii) one meeting with SWDD following completion of Phase 2 below.
Phase 2 - Preparation of Construction Documents
Geosyntec will prepare the construction documents (i.e., drawings, technical specifications,
material quantities, and CQA Plan) required for SWDD to procure a contractor to prepare the
subgrade for Cell 3 of Segment 3. Geosyntec understands that SWDD might include in the bid
package an option for the selected contractor to also prepare the subgrade for Cell 4. Therefore,
Geosyntec will include relevant information on Cell 4 subgrade in the construction documents.
It is anticipated that the following drawings will be prepared:
1. Cover Sheet;
2. Existing Site Conditions;
3. Site Development Plan (will also show monitoring wells to be abandoned);
4. Subgrade Grading Plan;
5. Construction Control Points Data;
6. Perimeter Drainage Ditch Plan and Profile;
7. Cross Sections and Details (2 sheets);
8. Surface Water Drainage System Details; and
9. Erosion and Sediment Control Details.
The construction drawings will be prepared utilizing the Segment 3 Expansion Permit Drawings
prepared by Geosyntec in March 2010 and revised in November 2015. Construction control
points will be shown for the subgrade, drainage ditches, toes of slopes, and other locations
sufficient for the cell construction.
Technical Specifications and the CQA Plan will be compiled as part of the Construction
Documents. The specifications will be prepared using the industry -standard Construction
Specification Institute (CSI) format. Geosyntec will also prepare a bid sheet with estimate of
material quantities for the contractor procurement.
Geosyntec will prepare an Engineer's Estimate of Probable Construction Cost for the Project to
serve as a basis for comparison of bids during the procurement process. Probable construction
cost will be based on estimated construction quantities for the project and engineering estimate
of the probable unit cost for each item. Probable construction costs will be based on catalogues
such as R.S. Means, information provided by product manufacturers, and Geosyntec's
professional judgment and experience with similar projects.
NCP2022/XL222460/JL22072 Segment 3 Ce113 Site Preparation.doc
engineers I scientists i innovators
133
Mr. Himanshu Mehta, P. E.
15 November 2022
Page 5
Geosyntec will also prepare a construction schedule based on Geosyntec's understanding of the
Project and experience with similar landfill construction projects.
Phase 3 - Contractor Procurement Services
Under this phase, Geosyntec will prepare construction documents for procuring a construction
contractor for the Phase 1 construction. This will include preparation of the request for bid
(RFB) documents; attending the pre-bid meeting; responding to bidders' questions and preparing
required updates to the bidding document throughout the bids preparation process; evaluating
bids; and preparing a recommendation to SWDD of the preferred bid for Phase 1 construction.
Our budget is based on the assumption that the entire RFB package including the construction
drawings, specifications document, responses to questions and project update will be uploaded
by the County's Purchasing Division onto Demandstar website (or equivalent) where it will be
available for downloading by candidate contractors wishing to respond to the RFB.
Geosyntec will attend the pre-bid meeting with potential contractors to describe the Project and
its requirements and answer questions at the pre-bid meeting. During the bidding process,
Geosyntec will respond to written questions by issuing addenda. Preparation of addenda may
require revisions to the Construction Drawings or material quantities as necessary to allow
comparison and evaluation of bids from the contractors. Geosyntec will manage the
procurement process, review and evaluate the bids submitted in compliance with the
requirements of the RFB process, and prepare a recommendation with supporting rational for the
selection of the preferred candidate contractor for construction of Phase 1 of the Project.
Phase 4 - Construction -Phase Support Services
Geosyntec will provide CM engineering support services associated with construction of the
Cell 3 subgrade, including the following tasks: (i) Field CQA Services; (ii) CQA Surveying; and
(iii) CM and Engineering Support Services.
Task 4.1: Field CQA Services
Geosyntec will provide periodic CQA monitoring, testing, and documentation services to assist
SWDD staff (or contractor) on the subgrade preparation activities. CQA monitoring, testing
methods, test frequencies, and the reporting requirements will be performed in accordance with
the CQA Plan, ASTM standards, and applicable portions of Chapter 62-701, F.A.C.
Geosyntec will provide periodic on-site monitoring services for the activities associated with
construction of the subgrade. The periodic CQA services will be provided by a CQA Technician
on a weekly basis or as -needed by the selected contractor. The CQA Technician will visit the
NCP2022/XL222460JJL22072 Se¢ment 3 Ce113 Site Preoaration.doc
I scientists I innovators 134
Mr. Himanshu Mehta, P. E.
15 November 2022
Page 6
site on a weekly basis (or as requested by the contractor) to collect soil samples from the off-site
borrow source soil stockpile for laboratory conformance testing (see below), monitor
construction progress, and conduct in-situ nuclear density and moisture content testing to
evaluate the adequacy of compaction of the subgrade. Soil samples from the off-site borrow
source will be tested by an independent geotechnical CQA laboratory for conformance with the
Technical Specifications and CQA Plan.
The CQA Technician will be responsible for CQA activities throughout the Project including
monitoring construction, coordinating soils testing (if needed), and maintaining documentation
of CQA activities at the site. Any non -conforming or questionable practices observed by
Geosyntec will be brought to the attention of the concerned parties for review and correction.
Task 4.2: CQA Surveying
Geosyntec will subcontract the services of a Registered Land Surveyor to provide the surveying
required and prepare the as -built record drawing of the Cell 3 subgrade construction. Geosyntec
has selected Peavey & Associates (Peavey) of Fort Meade, Florida to provide surveying services.
Peavey will assist SWDD staff in the subgrade preparation work and provide data to check
material quantities for measurement and payment purpose. A copy of Peavey's proposal is
enclosed as Attachment A.
Task 4.3: CM and Engineering Support Services
Geosyntec will provide CM and engineering support services throughout the duration of the site
preparation work. Construction management activities will include conducting pre -construction
and monthly construction progress meetings with the entity selected by the SWDD to prepare the
site for the construction. Geosyntec will evaluate Contractor payment requests, verify quantities
and conformance with the plans and specifications, and provide contract administration.
As part of this phase, Geosyntec will review laboratory conformance and field performance tests
results (performed through the Contractor) and as -built record drawings for inclusion in the
Cell 3 construction certification report. Geosyntec will therefore review all test results and
drawings to ensure compliance with the project specifications and FDEP-issued permit for the
Class I Landfill.
Phase 5: Abandonment of Existing Monitoring Wells
Construction of Cell 3 will require abandonment of two groundwater monitoring well clusters
(MW41 and MW -42). In addition, LFG migration monitoring probe GW -00011 that is located
close to the flare station would have to be abandoned and replaced with a new probe in order to
NCP2022/XL222460/JL22072 Segment 3 Cell 3 Site P=aration.doc
ent ineer.ti I scientists I innovators
135
Mr. Himanshu Mehta, P. E.
15 November 2022
Page 7
accommodate construction of a new skid. Geosyntec has selected Andersen Andre Consulting
Engineers, Inc. (AACE) of Fort Pierce, Florida to serve as a drilling subcontractor to perform
these services. A copy of AACE's proposal is included as Attachment B.
A Geosyntec engineer will be on-site to supervise the work. The replacement gas probe location
will be surveyed using a portable GPS equipment. Upon completion of groundwater monitoring
well and LFG probe abandonment and replacement gas probe installation activities,
documentation will be submitted to FDEP in accordance with the requirements of the solid waste
permit.
SCHEDULE
Geosyntec has prepared a schedule for the site preparation work (Phase 1) of Cell 3, which is
included as Attachment C. The schedule, as presented, assumes a start date of 23 November
2022. Procurement of supplier and/or contractor will take place during the month of January
2023 with contractor selection and contract award completed by 31 January 2023. Site
preparation of Cell 3 is projected to require 2 to 3 months to complete. The abandonment and
replacement of groundwater monitoring wells and LFG probe will be completed in January 2023.
Thus, Cell 3 liner and leachate control system could be ready for construction by April 2023.
Geosyntec recognizes the importance of the schedule for SVWDD and their need to obtain
additional disposal capacity for the Class I Landfill. Throughout the duration of the Project,
Geosyntec will work diligently to meet those milestones and the schedule developed for the
Project.
BUDGET ESTIMATE
A budget estimate for the scope of work outlined in Phases 1 through 5 of this proposal is
summarized in the following table. A detailed budget estimate is provided as Attachment D.
Note that fee for the surveyor is included in Phase 4 and the drilling subcontractor's fee is
included in Phase 5.
NCP2022/XL.222460/JL22072 Seement 3 Ce113 Site Preparationdoc
wiginc°ers I scientists I innovators
136
Mr. Himanshu Mehta, P. E.
15 November 2022
Page 8
• Phase 1 - General Consulting/Meeting Support/Project Management
• Phase 2 - Preparation of Construction Documents
• Phase 3 - Contractor Procurement Services
• Phase 4 - Construction -Phase Support Services
• Phase 5 - Abandonment and Installation of Wells and Probe
TOTAL
$19,502.26
$31,499.02
$22,458.75
$83,707.44
$14,137.24
$171,304.71
Geosyntec will not exceed the cost 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 the undersigned with questions you may have as you review this proposal.
Sincerely,
Kwasi Badu-Tweneboah, Ph.D., P.E.
Senior Principal
Attachments
NCP2022/XL222460/JL22072 Segment 3 Cell 3 Site Preparation.doc
I scientists I innovators
137
ATTACHMENT A
SURVEYING PROPOSAL
138
Peavey & Associates
Surveying & Mapping, PA
9399 North Lake Buffum Road Fort Meade, F133841
Phone: 863-738-4960
Email: DebPeaveya,12eaveysurveyin .com
November 10, 2022
Mr. Kwasi Badu-Tweneboah, Ph. D. P.E.
Geosyntec Consultants
1200 Riverplace Boulevard, Suite 710
Jacksonville, Florida 32207
RE: Indian River County Vero Beach
Landfill Cells 3&4 Construction
I am pleased to offer the following proposal for surveying services at the above referenced
project location.
1. SCOPE OF SERVICES
The project consists of the following surveying services located at the above location as
follows:
PHASE 1 -Site Preparation Surveying
• Task One: Establish additional site control with references for contractor as specified
in bid specifications to use during construction. Pre-topo of the construction limits.
After stripping and dewatering.
• Task Two: Construction staking at 50' grid within the cell area. "These fees are for
one time staking"
• Task Three- Survey of the grades for measurement and payment purposes for a total
of 3 months. (There maybe additional work to include hourly rate of survey crew).
• Task Four- Stakeout locations of groundwater monitoring wells and gas monitoring
probes.
• Task Five- Survey TOC (northing, easting, and elevation in NGVD29) for individual
wells. Survey shall be prepared in accordance with the FDEP permit. Providing three
(3) signed and sealed hard copies and electronic file.
TTbkSF 11- Cell Construction Surveying NOT PART OF
• TaskAs-built survey of the prep THIS WORK de surface & a or
trench. ORDER
• Task Two: As -built survey seco rane. Panels, repairs,
destructs.
• Task Three: As -built survey of the ary liner embrane. Panels, repairs,
destructs, and liner tsurtvcy'o�the
• Task Four: As 2' protective layer surface.
Peavey & Associates Page 1 Surveying & Mapping, PA 139
b . Peavey & Associates
Surveying & Mapping, PA
9399 North Lake Buffum Road Fort Meade, F133841
Phone: 863-738-4960
Email: DebPeaveyApeaveysurygying.com
• TaskAs-built of the leachate collection system corridpr4-iip,
sumps, manholes, Tarsc main, etc.
• Task Six: As -built su of the final im ents. Edge of liner markers and
stormwater improvements.
• Task Seven: Volume cal ions nformance check and for
measurement and fina ment purposes.
Survey shall a square grid spaced not wider than et. Five copies of the final as -
built ings and electronic copy in Cadd will be provided.
2. REQUIREMENTS OF CLIENT
• Receipt of an executed agreement.
• Hard copy of the approved construction plans
• Digital copy of plans. (pdf and cadd)
3. PROFESSIONAL FEES
Compensation for the outlines services will be on a lump sum basis, billed monthly for
completion percentages of work in progress, as followed:
Task One:
Task Two:
Task Three:
Task Four:
Task Five:
Task One:
Task Two:
Task Three:
Task Four:
Task Five:
Task Six:
Task Seven:
11,500.00
10,000.00
6,000.00
1,500.00
2,500.00
TOTAL $31,500.00
12,000.00
13,000.00
13,000.00
13,000.00
8,000.00
8,000.00
TOTAL $600.00
Peavey & Associates Page 2 Surveying & Mapping, PA 140
Peavey & Associates
Surveying & Mapping, PA
9399 North Lake Buffum Road Fort Meade, F133841
Phone: 863-738-4960
Email: DebPeaveynpeaveysurveying com
4. ACCEPTANCE OF TERMS
Services requested by the CLIENT not listed in the above scope of work will be provided
on a time and material basis in accordance with the "Hourly Rate Schedule" attached hereto
as Exhibit "A".
If the proceeding is satisfactory to you, please return a signed copy of this Agreement.
Invoicing will occur monthly based upon the percentage or hours of work completed.
Sincerely,
Deborah L. Peavey, PSM
Agreed to and accepted by:
Owner or Owner's Authorized Agent
EXHIBIT A
HOURLY RATE SCHEDULE
Senior Project Surveyor
Survey Crew
Date
175.00
175.00
Peavey & Associates Page 3 Surveying & Mapping, PA 141
ATTACHMENT B
DRILLING PROPOSAL
142
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
Geotechnical Engineering
Construction Materials Testing
Environmental Consulting
Geosyntec Consultants, Inc.
1200 Riverplace Boulevard, Suite 710
Jacksonville, FL 32207
Attention: Mr. Kwasi Badu-Tweneboah, Ph.D., P.E.
PROPOSAL FOR ABANDONMENT OF MONITORING WELLS
AND INSTALLATION OF GAS MONITORING WELL
INDIAN RIVER COUNTY LANDFILL
INDIAN RIVER COUNTY, FLORIDA
RACE Proposal No. P22-2487
(November 8, 2022)
November 10, 2022 (Revl)
In accordance with your request, we are pleased to submit our proposal to abandon four (4)
groundwater monitoring wells at the above referenced project site. The wells vary in depth from
approximately 23 feet to 45 feet, for a total of approximately 136LF of well length, with the diameter
of each well being 2 inches. Further, 2 -ft by 2 -ft concrete well pads, manholes and bollards will be
removed, with these materials being left at the Indian River County Landfill. No earthwork operations
to backfill the well pad and bollard areas are included herein. The abandonment will completed by
grouting (by tremie method from the bottom up) the wells using a lean cement grout and a truck-
mounted drill rig. The well abandonment will be performed by a Water Well Contractor licensed by
the South Florida Water Management District (SFWMD). Upon completion of the work, Well
Completion Reports will be issued relative to the abandonment.
In addition, we understand that an existing 7 -ft deep gas monitoring well (probe) will require
abandonment, and a new 7 -ft deep probe (2" diameter schedule 40 PVC) will be installed, including
concrete pad, locking manhole and four protective bollards.
Our estimate of the cost of our services for this project is $8,100.00, itemized as follows:
• Mobilization of Men and Equipment, lump sum ............................. $350.00
• Obtaining Well Abandonment Permits from the Indian River County Health Department;
- Permit Cost + 15% .................................................... $250.00
- Project Engineer; 5 hours @ $110.00/hour................................ $550.00
• Monitoring Well Abandonment by a SFWMD Licensed Well Contractor;
- Cost+ 15%.........................................................$1,200.00
• Issuance of SFWMD Well Completion Report (relative to abandonment) to the FDEP;
- Project Engineer; 5 hours @ $110.00/hour................................ $550.00
• Abandonment of gas probe and installation of new gas probe - lump sum........ $5,200.00
Total Project Cost: .................. $8,100.00
Weather conditions permitting, we will start the well abandonment within 7-10 days after receiving your
authorization to proceed. The well abandonment report will be issued within 14-21 days subsequent
to our field work.
834 SW Swan Avenue, Port St. Lucie, Florida 34983 Ph: 772-807-9191 Fx: 772-807-9192 www.aaceinc.com
143
PROPOSAL FOR ABANDONMENT OF MONITORING WELLS AND INSTALLATION OF GAS MONITORING WELL -2-
INDIAN RIVER COUNTY LANDFILL
AACE PROPOSAL No. P22-2487
We appreciate the opportunity to present this proposal. If the terms above are acceptable to you, please
sign and return the attached Professional Services Agreement as an indication of your acceptance and
authorization to proceed with the work. Please contact us if you should have any questions concerning
this cost estimate.
Best regards,
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
Peter G. Andersen, P.E.
Principal Engineer
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
WW W.AACEINC. COM
144
ANDERSEN ANDRE CONSULTING ENGINEERS, Inc.
PROFESSIONAL SERVICES AGREEMENT
AACE Proposal No: P22-2487
Project Name: ABANDONMENT OF MONITORING WELLS AND INSTALLATION OF GAS MONITORING WELL
INDIAN RIVER COUNTY LANDFILL
Client: Geosyntec Consultants, Inc. Address: 1200 Riverplace Boulevard, Suite 710
Attention: Mr. Kwasi Badu-Tweneboah, Ph.D., P.E. Jacksonville, FL 32207
Client hereby requests and authorizes Andersen Andre Consulting Engineers, Inc. ("AACE") to perform the following
services:
ABANDONMENT OFMONITORING WELLS AND INSTALLATION OF GAS MONITORING WELL I IRC LANDFILL, as detailed herein.
Estimated Budget:
$8,100.00
Payment Terms:
Net 30 days from invoice date; invoices will be sent every four weeks for continued or extended projects. Interest charges, l'/z%
per month following the due date.
Proposal Acceptance:
By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre
Consulting Engineers, Inc.'s General Conditions appearing on the reverse side of this page are incorporated herein by reference.
In the event this Professional Services Agreement was received by facsimile or via email, Client hereby confirms that the above
described Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre
Consulting Engineers, Inc.'s General Conditions have been made available and are incorporated in this agreement.
PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013) AN
INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD
INDIVIDUALLY LIABLE FOR NEGLIGENCE.
Accepted by CLIENT:
By.
Name:
Title:
Date:
Billing Address:
Phone/Email:
Accepted for AACE:
By:
Name: Peter G. Andersen, P.E.
Tide: Principal Engineer
Date: November 10, 2022 (Revl)
145
AACE GENERAL CONDITIONS
1- Parties And Scope Of Work: Andersen Andre Consulting Engineers, Inc. (hereinafter
referred to as "AACE'� shall include said company, its individual professionals, particular
division, subsidiary or affiliate performing the Work. "Work" means the specific
geotechnical, analytical, testing, environmental or other service to be performed by AACE
as set forth in AACE's proposal, the Client's acceptance thereof, both incorporated herein
by this reference, and these General Conditions. "Client" refers to the person or business
entity ordering the Work to be done by AACE. If the client is ordering the Work on behalf
of another, the Client represents and warrants that the Client is the duly authorized agent
of said party for the purpose of ordering and directing said Work. Further, Client shall
disclose any such agency relationship to AACE in writing before the commencement of
AACE's Work hereunder. Client agrees that AACE's professional dudes are specifically
limited to the Work as set forth in AACE's proposal. The Client assumes sole responsibility
for determining whether the quantity and the nature of the Work ordered by the Client is
adequate and sufficient for the Client's intended purpose. Client shall communicate these
General Conditions to each and every third party to whom the Client transmits any part of
AACE's Work. AACE's Work is for the exclusive use of Client, and its properly disclosed
principal. In no event shall AACE have any duty or obligation to any third party. The
ordering of Work from AACE shall constitute acceptance of the terms of AACE's proposal
and these General Conditions.
2 - Scheduling of Work. If AACE is required to delay commencement of the work, or if,
upon embarking on its work, AACE is required to stop, delay or otherwise interrupt the
progress of work as a result of changes in the scope of work requested by the client, to fulfill
the requirements of third parties, interruptions in the progress of construction, or other
causes beyond the exclusive reasonable control of AACE, additional charges will be
applicable and payable by the Client
3 - Responsibility: AACE's work shall not include determining, supervising, or
implementing the means, methods, techniques, sequences or procedures of construction.
AACE shall not be responsible for evaluating, reporting or affecting job conditions
conceming health, safety or welfare. AACE's work or failure to perform same shall not in
any way excuse any contractor, subcontractor or supplier from performance of its work in
accordance with the contract documents.
4 - Payment: Payment shall be due within 30 days after date of invoice. Interest at the tate
of 18% per annum (or the highest rate allowable by law) from 30 days after date of invoice
to dare payment is received will be added to all amounts not paid within 30 days after date
of invoice. All attorney fees and expenses associated with collection of past due invoices will
be paid by Client.
5 - Right -of -Entry: Unless otherwise agreed, Client will furnish right -of -entry on the
property forAACE to make the planned borings, surveys, and/or explorations. AACE will
take reasonable precautions to minimize damage to the property caused by its equipment
and sampling procedures, but the cost of restoration or damage which may result from the
planned operations is not included in the contracted amount. If Client desires to restore the
property to its former condition, AACE will accomplish this and add the cost to its fee.
6 - Damage to Existing Man-made Objects: It shall be the responsibility of the Owner
or his duly authorized representative to disclose the presence and accurate location of all
hidden or obscure man-made objects relative to field tests, sampling, or boring locations.
When cautioned, advised or given data in writing that reveal the presence or potential
presence of underground or overground obstructions, such as utilities, AACE will give
special instructions to its field personnel. As evidenced by your acceptance of this proposal,
Client agrees to defend, indemnify and save harmless AACE from all claims, suits, losses,
personal injuries, death and property liability resulting from subsurface conditions or
damages to subsurface structures or man made objects, owned by Client or third parties,
occurring in the performance of the proposed work, whose presence and exact locations
were not revealed to AACE in writing, whether such claims or damages are caused in whole
or in part by AACE, and agree to reimburse AACE for expenses in connection with any
such claims or suits, including reasonable attorney's fees. Client's obligation to indemnify
is limited to $1 million per occurrence, which Client agrees beats a reasonable commercial
relationship to the Work undertaken by AACE. Client further agrees that these general
conditions are a part of the Work's specifications or bid documents, if any.
7 - Warranty and Limitation of Liability: AACE shall perform services for Client in a
professional manner, using that degree ofcare and skill ordinarily exercised by and consistent
with the standards of competent consultants practicing in the same or a similar locality as the
project. In the event any portion of the services fails to comply with this warranty obligation
and AACE is promptly notified in writing prior to one year after completion of such portion
of the services, AACE will re -perform such portion of the services, or if re -performance is
impracticable, AACE will refund the amount of compensation paid to AACE for such
portion of the services.
This warranty is in lieu of all other warranties. No other warranty, expressed or implied,
including warranties of merchantability and fitness for a particular purpose is made or
intended by the proposal for consulting services, by furnishing an oral response of the
findings made or by any representations made regarding the services included in this
agreement. In no event shall AACE be liable for any special, indirect, incidental, or
consequential loss or delay or time -related damages. The remedies set forth herein are
exclusive and the total liability of consultant whether in contract, tort (including negligence
whether sole or concurrent), or otherwise arising out of, connected with or resulting from
the services provided pursuant to this Agreement shall not exceed the total fees paid by
Client or $50,000.00, whichever is greater. Client may, upon written request received within
five days of Client's acceptance hereof, increase the limit of AACE's liability by agreeing to
pay AACE an additional sum as agreed in writing prior to the commencement of AACE's
services. This charge is not to be construed as being a charge for insurance of any type, but
is increased consideration for the greater liability involved.
For services involving or relating to pollution, it is further agreed that the Client shall
indemnify and hold harmless AACE and their consultants, agents and employees from and
against all claims, damages, losses and expenses, direct and indirect or consequential
damages, including but not limited to fees and charges of attorneys and court and
arbitration costs, arising out of or resulting from the performance of the work by AACE,
or claims against AACE arising from the work of others. This indemnification provision
extends to claims against AACE which arise out of, are related to, or are based upon, the
disposal, discharge, escape, release or saturation of vapors, fumes, acids, alkalis, toxic
chemicals, liquids, gases or any other material, irritant, contaminant or pollutant in or into
the atmosphere or on, onto, upon, in or into the surface or subsurface. Client's obligation
to indemnify is limited to $1 million per occurrence, which Client agrees bears a reasonable
commercial relationship to the Work undertaken by AACE. Client further agrees that
these general conditions are a part of the Work's specifications or bid documents, if any.
8 - Sampling or Testing Location: Unless specifically stated to the contrary, the fees
included in this proposal do not include costs associated with professional land surveying
of the site or the accurate horizontal and vertical locations of tests. Field tests or boring
locations described in our report or shown on our sketches are based on specific
information furnished to us by others or estimates made in the field by our technicians.
Such dimensions, depths or elevations should be considered as approximations unless
otherwise stated in the report.
9 - Sample Handling and Retention: Generally test samples or specimens areconsumed
and/or substantially altered during the conduct of tests and AACE, at its sole discretion,
will dispose (subject to the following) of any remaining residue immediately upon
completion of test unless required in writing by the Client to store or otherwise handle the
samples. (a) NON HAZARDOUS SAMPLES: At Client's written request, AACE will
maintain preservable test samples and specimens or the residue therefrom for thirty (30)
days after submission of AACE's report to Client free of storage charges. After the initial
30 days and upon written request, AACE will retain test specimens or samples for a
mutually acceptable storage charge and period of time. (b) HAZARDOUS OR
POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain
substances or constituents hazardous or detrimental to human health, safety or the
environment as defined by federal, state or local statutes, regulations, or ordinances
('Hazardous Substances" and "Hazardous Constituents", respectively), AACE will, after
completion of testing and at Client's expense: (I) return such samples to Client; (li) using
a manifest signed by Client as generator, will have such samples transported to a location
selected by Client for final disposal Client agrees to pay all costs associated with the
storage, transport, and disposal of such samples. Client recognizes and agrees that AACE
is acting as a bailee and at no time does AACE assume title of said waste.
10 - Discovery of Unanticipated Hazardous Materials: Hazardous materials or certain
types of hazardous materials may exist at a site where there is no reason to believe they
could or should be present. AACE and Client agree that the discovery of unanticipated
hazardous materials constitutes a changed condition mandating a renegotiation of the
scope of work or termination of services. AACE and Client also agree that the discovery
of unanticipated hazardous materials may make it necessary for AACE to take immediate
measures to protect health and safety. AACE agrees to notify Client as soon as practicable
should unanticipated hazardous materials or suspected hazardous materials be encountered.
Client encourages AACE to take any and all measures that, in AACE's professional
opinion, are justified to preserve and protect the health and safety of AACE's personnel
and the public. Client agrees to compensate AACE for the additional cost of working to
protect employees' and the public's health and safety. In addition, Client waives any claim
against RACE, and agrees to defend, indemnify and save AACE harmless from any claim
or liability for injury or loss arising from AACE's discovery of unanticipated hazardous
materials or suspected hazardous materials. Client also agrees to compensate AACE for
any time spent and expenses incurred by AACE in defense of any such claim, with such
compensation to be based upon AACE's prevailing fee schedule and expense
reimbursement polity relative to recovery of direct project costs.
11- joint and Several Liability: The concept of joint and several liability is basically this:
When two or more parties are considered responsible for causinginjuryordamage, any one
of the parties may be made to provide compensation for as much as 100% of the damages
assessed. When applied to hazardous materials projects, it is possible that the concept of
joint and several liability could be construed to make AACE partly or wholly responsible
for damages created directly or indirectly by the hazardous materials. Client agrees that it
would be unfair for AACE to be exposed to such an action, because AACE had nothing
whatsoever to do with the creation of the hazardous condition. Accordingly, Client waives
any claim against RACE, and agrees to defend, indemnify and save AACE harmless from
any claim or liability for injury or loss arising from application of a joint and several liability
concept that would, in any manner, hold or seek to hold AACE responsible for creating
a hazardous condition or permitting one to exist. Client also agrees to compensate AACE
for any time spent and expenses incurred by AACE in defense of any such claim, with such
compensation to be based upon AACE's prevailing fee schedule and expense
reimbursement polity relative to recovery of direct project costs.
12 - Legal jurisdiction: The parties agree that any actions brought to enforce any
provision of this Agreement shall only be brought in a court of competent jurisdiction
located in St. Lucie County, Florida All causes of action arising out of AACE's Work shall
be deemed to have accrued and the applicable statutes oflimitation shall commence to run
not later than either the date of substantial completion of the Work for acts or failures to
act occurring prior to substantial completion, or the date of issuance of final payment for
acts or failures to act occurring after substantial completion of the Work.
13 - Force Majeure: AACE shall not be held responsible for any delay or failure in
performance of any part of this Agreement to the extent such dela ofi Wure is caused by
fire, flood, explosion, war, strike, embargo, government requirecivil or military
authority, acts of God, act or omission of subcontractors, carriers, client or other similar
causes beyond its control.
ATTACHMENT C
PROJECT SCHEDULE
147
N
N
co
2
m
0
N
a
Q
N
N
U_
O
O
N
cu
a
N:
pN
N
__
N
7
C>
(0
.D
N
C
N
E
0
v
C
�
�
N
II
0
W
E
M "
v
>
L
o
Z
-
d N
N
O
N
0
N
fn C 10, lL
g
o a
p
c
Cl) U N �"�
N
N
N
Cl
N
N
U
L
M
N
N
(D
t0
m
m
U >
C
N
C
O
LO L
'p
C
c
O
o
0
0
d
>�
.�
w= 0
'. C
T
Cl
Cl.C•
N
c0
f9
O
a
>.
T
'm
O
T
cc
'O
CL
L
7 �
O
LO
C7
N
O
LO
N
CL
o
w
0)
C
.O
y
C
C
''. Q
O
E
X
W
0)
m
y
E{
o
d
o
ca
N
d
N
o
'.O
N
2
o
i
cn
0
a
Q
U
U7
Z
a
0
c
CC
o
CL
M
o
c
U
2
c
m
E
a
v7
c
o�
`0
c
d
N
—
m
a
c
U
w
m
c
m
€
4
`
�
o
a
d
c
a
U
0
CL
c
0
U
m
2
47 fn
2
O
cD
co
U
2
N
C
U
Z N
N
O
d
O
U
O
C)
a
Q
N t
�a
ATTACHMENT D
DETAILED BUDGET ESTIMATE
149
Table 1
BUDGET ESTIMATE
PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION
CLASS I LANDFILL - SEGMENT 3 EXPANSION
INDIAN RIVER COUNTY, FLORIDA
PHASE 1: PROJECT MANAGEMENT/MEETINGS
ITEM
BASIS
RATE
QUANTITY
ESTIMATED
COST
A. Professional Services
a. Senior Principal
Hr$260.00
34
$8,840.00
b. Principal
HrF$203.00
$245.00
0
$0.00
c. Senior Professional
Hr$225.00
0
$0.00
d. Project Professional
Hr
0
$0.00
e. Professional
Hr
$176.00
40
$7,040.00
f. Senior Staff Professional
Hr
$154.00
0
$0.00
g. Staff Professional
Hr
$132.00
0
$0.00
Subtotal Professional Services
$15,880.00
B. Technical/Administrative Services
a. Senior Designer
Hr
$165.00
6
$990.00
b. Designer
Hr
$143.00
0
$0.00
c. Senior Drafter/Senior CADD Operator Hr
$126.00
0
$0.00
d. Project Administrator
Hr 1
$71.00
12
$852.00
e. Clerical
Hr 1
$55.00 1
4
$220.00
Subtotal Technical/Administrative Services
$2,062.00
C. Reimbursables
a. Lodging
Da
$150.00
2
$300.00
b. Per Diem
Da
$55.00
2
$110.00
c. Communications Fee
3% Labor
$0.03
$17,942
$538.26
d. CADD Computer System
Hr
$15.00
6
$90.00
e. Vehicle Rental & Fuel
Da
$150.00
3
$450.00
f. 8"x11" Photocopies
Each
$0.12
100
$12.00
9.CADD Drawin s
Each
$3.00
20
$60.00
Subtotal Reimbursables
$1,560.26
TOTAL ESTIMATED BUDGET: PHASE 01
$19 502.26
150
Table 2
BUDGET ESTIMATE
PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION
CLASS I LANDFILL - SEGMENT 3 EXPANSION
INDIAN RIVER COUNTY, FLORIDA
PHASE 2: PREPARATION OF CONSTRUCTION DOCUMENTS
ITEM
BASIS
RATE
QUANTITY
ESTIMATED
COST
A. Professional Services
a. Senior Principal
Hr
$260.00
16
$4,160.00
b. Principal
Hr
$245.00
0
$0.00
c. Senior Professional
Hr
$225.00
16
$3,600.00
d. Project Professional
Hr
$203.00
0
$0.00
e. Professional
Hr
$176.00
42
$7,392.00
f. Senior Staff Professional
Hr
$154.00
30
$4,620.00
g. Staff Professional
Hr
$132.00
0
$0.00
Subtotal Professional
$19,772.00
B. Technical/Administrative Services
a. Senior Designer
Hr
$119.39
76
$9,073.64
b. Designer
Hr
$117.10
0
$0.00
c. Senior Drafter/Senior CADD Operator
Hr
$81.39
0
$0.00
d. Project Administrator
Hr
$83.08
0
$0.00
e. Clerical
Hr
$49.96
0
$0.00
Subtotal Technical/Adminis
$9,073.64
C. Reimbursables
a. Lodging
Da
$100.00
0
$0.00
b. Per Diem
Da
$55.00
0
$0.00
c. Communications Fee
3% Labor $0.03
$28,846
$865.38
d. CADD Computer System
Hr
$15.00
76
$1,140.00
e. Vehicle Rental & Fuel
Da
$150.00
0
$0.00
f. 8"x11" Photocopies
Each
$0.12
400
$48.00
CADD Drawin s
Each
$3.00
200
$600.00
Subtotal Reimburs
$2,653.38
TOTAL ESTIMATED BUDGET: PHASE 02
$31 499.02
151
Table 3
BUDGET ESTIMATE
PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION
CLASS I LANDFILL - SEGMENT 3 EXPANSION
INDIAN RIVER COUNTY, FLORIDA
PHASE 3: CONTRACTOR PROCUREMENT
152
ITEM
BASIS
RATE
QUANTITY
ESTIMATED
COST
A. Professional Services
a.
Senior Principal
Hr
$260.00
16
$4,160.00
b.
Principal
Hr
$245.00
0
$0.00
c.
Senior Professional
Hr
$225.00
16
$3,600.00
d.
Project Professional
Hr
$203.00
0
$0.00
e.
Professional
Hr
$176.00
48
$8,448.00
f.
Senior Staff Professional
Hr
$154.00
0
$0.00
g.
Staff Professional
Hr
$132.00
12
$1,584.00
Subtotal Professional Services
$17,792.00
B. Technical/Administrative Services
a.
Senior Designer
Hr
$119.39
24
$2,865.36
b.
Designer
Hr
$117.10
0
$0.00
c.
Senior Drafter/Senior CADD Operator Hr
$81.39
0
$0.00
d.
Project Administrator
Hr
$83.08
0
$0.00
e.
Clerical
Hr
$49.96
1 8
$399.68
Subtotal Technical/Administrative Services
$3,265.04
C. Reimbursables
a. Vehicle Rental & Fuel
Da
$150.00
2
$300.00
b.
Per Diem
Da
$55.00
2
$110.00
c.
Communications Fee
3% Labor
$0.03
$21,057
$631.71
d.
CADD Computer System
Hr
$15.00
24
$360.00
e.
8"x11" Photocopies
Each
$0.12
0
$0.00
f. CADD Drawings
Each
$3.00
0
$0.00
Subtotal Reimbursablesl
$1,401.71
TOTAL ESTIMATED BUDGET: PHASE 03
$22,458.75
152
Table 4
BUDGET ESTIMATE
PHASE 1 - SITE PREPARATION FOR CELL 1 CONSTRUCTION
CLASS I LANDFILL - SEGMENT 3 EXPANSION
INDIAN RIVER COUNTY, FLORIDA
PHASE 4: CONSTRUCTION -PHASE SERVICES
153
ITEM
BASIS
RATE
QUANTITY
ESTIMATED
BUDGET
A. Professional Services
a.
Senior Principal
hr
$260.00
14
$3,640.00
b.
Principal
hr
$245.00
0
$0.00
c. Senior Professional
hr
$225.00
16
$3,600.00
d.
Project Professional
hr
$203.00
0
$0.00
e.
Professional
hr
$176.00
54
$9,504.00
f.
Senior Staff Professional
hr
$154.00
0
$0.00
g.
Staff Professional
hr
$132.00
142
$18,744.00
Subtotal Professional Services
$35,488.00
B. Technical/Administrative Services
a.
Construction Manager
hr
$132.00
0
$0.00
b.
Site Manager
hr
$110.00
0
$0.00
c.
Senior Technician
hr
$88.00
0
$0.00
d.
Senior Designer
hr
$165.00
8
$1,320.00
e.
Designer
hr
$143.00
0
$0.00
f.
Senior Drafter/CADD Operator
hr
$126.00
0
$0.00
g.
Project Administrator
hr
$71.00
0
$0.00
h.
Clerical
hr
$55.00
8
$440.00
Subtotal Technical/Administrative Services
$1,760.00
C. Reimbursables
a.
Lodging
da
$150.00
15
$2,250.00
b.
Per Diem
da
$55.00
15
$825.00
c.
Communications Fee
3% labor
$0.03
$37,248
$1,117.44
d.
CADD Computer System
hr
$15.00
8
$120.00
e.
Geotechnical Lab Testing
est
$1,500.00
1.10
$1,650.00
f.
Geos nthetics Lab Testing
est
$7,500.00
0
$0.00
g.
Surveyor
est
$31,500.00
1.10
$34,650.00
h.
Vehicle Rental & Fuel
da
$150.00
15
$2,250.00
i.
Computer, Data Collectors, Camera
week
$25.00
15
$375.00
j.
Nuclear Density Gauge
week
$125.00
15
$1,875.00
k.
Consumables
week
$75.00
15
$1,125.00
I.
8.5"x11" Photocopies
each
$0.12
600
$72.00
m.
CADD Photocopies
each
$3.00
50
$150.00
Subtotal Reimbursables
$46,459.44
TOTAL ESTIMATED BUDGET: PHASE 04
_$83,707.44
153
Table 5
BUDGET ESTIMATE
PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION
CLASS I LANDFILL - SEGMENT 3 EXPANSION
INDIAN RIVER COUNTY, FLORIDA
PHASE 5: ABANDONMENT OF WELLS
ITEM
BASIS
RATE
QUANTITY
ESTIMATED
BUDGET
A. Professional Services
a. Senior Principal
hr
$260.00
2
$520.00
b. Principal
hr
$245.00
0
$0.00
c. Senior Professional
hr
$225.00
0
$0.00
d. Project Professional
hr
$203.00
0
$0.00
e. Professional
hr
$176.00
20
$3,520.00
f. Senior Staff Professional
hr
$154.00
0
$0.00
g. Staff Professional
hr
$132.00
0
$0.00
Subtotal Professional Services
$4,040.00
B. Technical/Administrative Services
a. Construction Manager
hr
$132.00
0
$0.00
b. Site Manager
hr
$110.00
0
$0.00
c. Senior Technician
hr
$88.00
0
$0.00
d. Senior Designer
hr
$165.00
0
$0.00
e. Designer
hr
$143.00
0
$0.00
f. Senior Drafter/CADD Operator
hr
$126.00
0
$0.00
g. Project Administrator
hr
$71.00
8
$568.00
h. Clerical
hr
$55.00
0
$0.00
Subtotal Technical/Administrative Services
$568.00
C. Reimbursables
a. Lodging
da
$150.00
1.00
$150.00
b. Per Diem
da
$55.00
1.00
$55.00
c. Communications Fee
3% labor
$0.03
$4,608
$138.24
d. CADD Computer System
hr
$15.00
0
$0.00
e. Drilling Subcontractor
est
$8,100.00
1.10
$8,910.00
f. Vehicle Rental & Fuel
da
$150.00
1.10
$165.00
g. Consumables
week
$75.00
1.00
$75.00
h. 8.5"x11" Photocopies
each
$0.12
50
$6.00
i. CADD Photocopies
each
$3.00
10
$30.00
Subtotal Reimbursables
$9,529.24
TOTAL ESTIMATED BUDGET: PHASE 05
$14 137.24
154