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12/20/2022
ORY� A COUNTY COMMISSIONERS Joseph H. Earman, District 3, Chairman Susan Adams, District 1, Vice Chairman Joseph Flescher, District 2 Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 20, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.11. INVOCATION Minister Jack White, Gifford Church of Christ 3. PLEDGE OF ALLEGIANCE Commissioner Deryl Loar 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Jason Brown for 24 Years of Distinguished Service to the Indian River County Board of County Commissioners Attachments: Proclamation 5.11. Presentation of Proclamation Honoring Cathleen Reimsnyder on her Retirement from the Indian River County Sheriffs Office Attachments: Proclamation 5.C. Presentation of Proclamation Honoring Jackie Craig on her Retirement from the Indian River County Sheriffs Office Attachments: Proclamation December 20, 2022 Page I of 6 6. APPROVAL OF MINUTES 6.A. Regular Meeting of October 4, 2022 6.B. Regular Meeting of October 11, 2022 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring William A. McGrath On His Retirement From the Indian River County Commissioners Department of Utilities/Wastewater Treatment Attachments: Proclamation 7.B. Proclamation Honoring Terry W. Southard On His Retirement From the Indian River County Commissioners Department of Utilities/Operations Division Attachments: Proclamation 7.C. Proclamation Honoring Michael R. Jenkins On His Retirement From Indian River County Board of County Commissioners Department Of Public Works/Facilities Management Division Attachments: Proclamation 7.D. Proclamation Honoring Myles Ray Holmes, Jr. On His Retirement From Indian River County Board of County Commissioners Department of Public Works Attachments: Proclamation 7.E. Planning & Zoning Commission - District 4 Appointee Attachments: Commissioner's Memorandum 8. CONSENT AGENDA 8.A. Waiver of Requirement for Bids for Road Base Material Attachments: Staff Report 8.B. Adoption of Modifications to the Purchasing Manual Attachments: Staff Report Changes to Purchasing Manual 8.C. Resolution Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the Time Frame of December 21, 2022, through and including January 16, 2023 Attachments: Staff Report Resolution delegating authority December 20, 2022 Page 2 of 6 8.D. El Rancho Investments, L.L.C.'s Request for Affidavit of Exemption Approval with Dedications to the County [AOE-18-10-05 / 99110173-82447] (El Rancho AOE) Attachments: Staff Report Location Map AOE Layout Plan 8.E. Award of Bid No. 2023009, 11th Drive and 37th Street Roadway and Intersection Improvements, IRC -2001 Attachments: Staff Report Sample Agreement 8.F. Award of RFP 2023007 - North County Water & Sewer Project Phase 2 -Private Side Connections for Sewer Attachments: Staff Report 8.G. The Reserve At Grand Harbor, Plat 33 - Third Request for 2 -Year Extension to Final Lift of Asphalt Contract - Developer: GH Vero Beach Development LLC Attachments: Staff Report Letter Request for Extension Third Modification to Contract Amended Cash Deposit and Escrow Agreement 8.H. Revision to Administrative Policy AM -702.1 Sick Leave - Payment of Leave upon Employee Death Attachments: Staff Report 702.1 Sick Leave 2022 Markup 8.1. Approval of the Affordable Housing Advisory Committee 2022 Incentives Review and Recommendation Report Resolution Attachments: Staff Report Draft Resolution 8.J. Work Order Number 25, Amendment No. 2 - Continuing Engineering Services RFQ 2018008 - Renewal and Amendment No. 1 Hobart Park Restroom Connections and Utility Service Plans Revisions Attachments: Staff Report Amendment No 2 to WO No 25 8.K. Work Order Number 26, Amendment No. 2 - Continuing Engineering Services RFQ 2018008- Renewal and Amendment No. 1 Hosie Schumann Renovations, Restroom Connections and Utility Service Plans Attachments: Staff Report Amendment 2 to WO No 26 December 20, 2022 Page 3 of 6 8.L. Agreement for Purchase and Sell Real Estate with St. John's River Water Management District for an Easement for Expansion of the Trans -Florida Railroad Trail Attachments: Staff Report Aerial Photo Proposed Easement Agreement to Purchase and Sell 8.M. Amendment No. 3 - FDEP Grant Agreement No. 17IR2 (Wabasso Beach Restoration Project (Sector 3)) Attachments: Staff Report Amendment No 3-FDEP Grant Agreement 171R2 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Supervisor of Elections Leslie Swan re: Election Security Enhancement Grant Attachments: Memorandum from Supervisor of Elections Attachment B of MOA 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1 Public Hearing to Consider a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non -Ad Valorem Assessments for the North County Water and Sewer Project - Phase 2 (Legislative) Attachments: Staff Report Resolution Draft Agreement Affidavit 10.A.2 Amending Indian River County Code Chapter 205. - Parks and Recreation (Legislative) Attachments: Staff Report Draft Park Smoking Ordinance B. PUBLIC DISCUSSION ITEMS 10.B.1 Request to Speak from United States Lifesaving Association Re: Heroic Act Award Presentation for Lt. Dustin Lightsey FWC Attachments: Public Discussion Request C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS December 20, 2022 Page 4 of 6 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A City of Sebastian - Graves Brothers Annexation Update Attachments: Staff Report 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1 Approval of Solid Waste Disposal District Meeting Minutes of September 20, 2022 15.11.2 Approval of Solid Waste Disposal District Meeting Minutes of October 4, 2022 15.13.3 Work Order No. 56 to Kimley-Horn for the Solid Waste Disposal District Annual Financial Reports Attachments: Staff Report Work Order No 56 - KHA December 20, 2022 Page 5 of 6 15.B.4 Amendment No. 2 to Work Order No. 47 to Kiinley-Horn and Associates for Roadway and Drainage Improvements at the IRC Landfill Attachments: Staff Report Amendment No 2 to Work Order No 47 - KHA 15.B.5 Amendment No. 3 to Landfill Gas Agreement with Nopetro Eco District, LLC Attachments: Staff Report Amendment No 3 to Landfill Gas Agreement Biogas Engineering Letter of Agreement C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.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. December 20, 2022 Page 6 of 6 ProcCamati"on HONORING JASON BROWN FOR 24 YEARS OF DISTINGUISHED SERVICE TO THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS -Whereas, Jason Brown, a native son of Vero Beach, is departing from the Indian River County Administrator's Office, effective December 31, 2022; and "Whereas, Jason started his career with the Indian River Board of County Commissioners on May 1, 1998, and has provided exceptional service to the citizens for more than twenty-four years, first in the Office of Management and Budget and subsequently as the County Administrator, where he oversaw the activities of eight departments with 900 employees and a $450 million budget; and -Whereas, Jason prioritized state-of-the-art projects to help improve water quality in the Indian River Lagoon, such as Osprey Acres, which serves as both a recreational amenity and upland habitat preserve, and Septic -to -Sewer projects in North Sebastian, West Wabasso and Roseland, which reduces harmful nutrient loading in the Indian River Lagoon; and -Whereas, Jason successfully led the County response through multiple emergency events, hurricanes as well as the COVID-19 pandemic, and contributed to the development and continued improvement of a Critical Incident Stress Management policy and services to support first responders in Fire Rescue; and 'Whereas, Jason was key to the acquisition and renovation of the first permanent North County Offices, providing more convenient access to County services for the rapidly growing North County population; and -Whereas, Jason facilitated negotiations with Major League Baseball to operate the Jackie Robinson Training Complex as a year-round destination for the MLB and other sports tournaments, attracting visitors from across the country, and also secured agreement with Brightline for $31 million in railroad crossing safety improvements, ensuring that Brightline train crossings in the County are as safe as possible; and -Whereas, Jason's complete commitment to his duties as County Administrator have brought great credit upon himself and the staff, and contributed greatly to the continued positive image of Indian River County. Now, therefore, be it proclaimed by the Board of County Commissioners of Indian River County, Florida, that the Board lauds the many contributions Jason Brown has made to Indian River County during his lengthy tenure, and wishes him the greatest success in all of his future endeavors. Adopted this 20th day of December, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss Proclamation HONORING CATHLEEN REIMSNYDER ON HER RETIREMENT FROM THE INDIAN RIVER COUNTY SHERIFF'S OFFICE _Whereas, Cathleen Reimsnyder is retiring from the Indian River County Sheriff's Office, effective December 28, 2022; and `Whereas, Cathleen's journey at the Indian River County Sheriff's Office culminates with over forty years of distinctive service; and -Whereas, Cathleen was employed in many capacities over her lengthy career, including Dispatch Supervisor and Communications Commander, but spent the majority of her calling serving the citizens as a Process Server in the Legal Process Unit; and -Whereas, over her tenure, Cathleen received many acknowledgements and commendations for her efforts, including the Grand Cordon and Going the Extra Mile award; and ^W ereas, Cathleen worked diligently under five sheriffs to protect and serve the citizens of Indian River County and the State of Florida; and -Whereas, Cathleen's remarkable dedication to her profession has earned her the appreciation of Sheriff Flowers and all those who have had the honor of working with her. Naw, therefore, be it proclaimedby the Board of County Commissioners of Indtan River County, Florid that the Board lauds the contributions Cathleen Reimsnyder has made to the citizens of Indian River County during her highly -successful law enforcement career, and wishes her a happy and prosperous retirement. Adopted this 20th day of December, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairperson Joseph E. Flescher Deryl Loar Laura Moss 2 Proclamation HONORING JACKIE CRAIG ON HER RETIREMENT FROM THE INDIAN RIVER COUNTY SHERIFF'S OFFICE Whereas, Jackie Craig is retiring from the Indian River County Sheriff's Office, effective December 30, 2022; and -Whereas, Jackie started her career at the Sheriff's Office on April 3, 1989, and has provided exceptional service to the citizens for over thirty-three years; and -Whereas, Jackie was employed in Central Records for the duration of her career, ultimately being appointed as a Records Administrator on June 29, 2020; and -Whereas, Jackie has received many honors and awards for her sterling efforts, including the Grand Cordon and Employee of the Quarter; and -Whereas, Jackie worked diligently under five sheriffs to protect and serve the residents of Indian River County and the State of Florida; and -Whereas, Jackie's selfless commitment to her profession has earned her the admiration of Sheriff Flowers and all those who have had the privilege of working with her. Naw, therefore, be it proclaimed- by the Board- of County Commfssfoners of Indtan River County, Florida, that the Board lauds the generous contributions Jackie Craig has made to the people of Indian River County during her outstanding law enforcement career, and wishes her a happy and prosperous retirement. Adopted this 20th day of December, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairperson Joseph E. Flescher Deryl Loar Laura Moss 3 Pro cCamation HONORING WILLIAM A. MCGRATH ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SERVICES WASTEWATER TREATMENT -Whereas, Bill McGrath retired from the Indian River County, Department of Utility Services, Wastewater Treatment division effective December 30, 2022; and -Whereas, Bill McGrath began his career with Indian River County on January 3, 2001, as a Utilities Service Worker in the Water Distribution division. On July 16, 2004, he was promoted to Crew Leader in the Water Distribution division. He was then promoted to the Wastewater Treatment division as a Plant Mechanic on September 13, 2019, where he continued in that capacity until his retirement; and -Whereas, Bill McGrath has served this County and the Public with distinction and selflessness. During his almost 22 years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and Now, 9 erefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida, that the Board applauds Bill McGrath's efforts on behalf of the County, and the Board wishes to express its appreciation for the dedicated service he has given to Indian River County for the last 22 years; and Be &_guilt erProclaimed-that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 20th day of December, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman 0 ProcCamatt'*"on HONORING TERRY W. SOUTHARD ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SERVICES, OPERATIONS DIVISION Whereas, Terry W. Southard retired from the Indian River County, Department of Utility Services, Operations Division effective December 30, 2022; and Whereas, Terry W. Southard began his career with Indian River County on May 27, 1983, as a Wastewater Plant Operator in the Department of Utility Services/Wastewater Treatment Division. He was then promoted to Chief Wastewater Treatment Operator on December 12, 1984. On July 9, 1987, he was promoted to Wastewater Treatment Plant Superintendent. He was then promoted to Superintendent - Water/Wastewater Treatment Plants on October 1, 1999. On February 14, 2003, he was promoted to Manager — Water/Wastewater Operations, where he continued in that capacity until his retirement; and Whereas, Terry W. Southard has served this County and the Public with extraordinary distinction and selflessness. During his 39 and one-half years of service, his hard work, dedication, and knowledge were key in helping grow the Utility into the organization it is today. His leadership and guidance has been instrumental in developing many employees, and his influence will be felt for many years to come. Notiv, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida, that the Board applauds Terry W. Southard's efforts on behalf of the County, and the Board wishes to express its appreciation for the dedicated service he has given to Indian River County for the last 39 years and one-half years; and Be it,T'urtlier Proclaimed- that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 20th day of December, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman 6i Proclamation HONORING MICHAEL R. JENKINS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS FACILITIES MANAGEMENT DIVISION -Whereas, Michael R. Jenkins retires from the Indian River County, Department of Public Works, Facilities Management Division, effective December 29, 2022; and Vhereas, Michael R. Jenkins began his career as a Tradesworker I with Indian River County Facilities Management on December 15, 1992; and -Whereas, Michael R. Jenkins has served this County and the Public with distinction and selflessness. He has gained the respect and admiration of his colleagues, co-workers and citizens within the County and his work is greatly appreciated. wow, -Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Corin that the Board applauds Michael Jenkins' efforts on behalf of the County, and the Board wishes to express its appreciation for the dedicated service he has given to Indian River County for the last thirty years; Se It fu), l r -'P)ociaimed- that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 29th day of December, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman N ProcCamatt'on HONORING MYLES RA Y HOLMES, JR. ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS -Whereas, Myles Ray Holmes, Jr. retires from Indian River County Public Works Department effective December 30, 2022; and -Whereas, Myles Ray Holmes, Jr. began his career with Indian River County as Signal Cable Locator in 2006 with the Traffic Engineering Division; and -Whereas, Myles Ray Holmes, Jr. played an intricate role with the creation of the County's Mapping System for GIS and Fiber for Signalized Intersections. This mapping system allows County staff to pinpoint the location of fiber, pull boxes and splice boxes; give staff the ability to service and maintain them and accurately locate them in the field. Myles was instrumental in locating all traffic - signal related fiber, pull boxes and splice boxes; and -Whereas, Myles Ray Holmes, Jr. has served this County and the Public with dedication, commitment, skill, and selflessness. During his sixteen years of service, he was kind, professional, and cooperative. His work was greatly appreciated by his employer, agencies, and co-workers alike. Wow, I -r erefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that the Board applauds Myles Ray Holmes, Jr.'s efforts on behalf of the County, and the Board wishes to express its appreciation for the dedicated service he has given to Indian River County for the last sixteen years; and Be &_Fm) t%ierPrvcfaimed-that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. Enjoy Endless Weekends, Myles! Adopted this 30th day of December, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman VA December 20, 2022 Agenda Item 7.a. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 09, 2022 SUBJECT: Planning & Zoning Commission — District 4 Appointee FROM: Deryl Loar, Commissioner, District 4 Informational Item: Please be advised that Mr. Johnathan F. Day has been reappointed to the Indian River County Planning and Zoning Commission as the District 4 appointee commencing January 02, 2023 for a four-year term. Thank you to Mr. Day and to all IRC committee appointees. Thank you. CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 8, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Waiver of Requirement for Bids to Procure Material for Road Base Material BACKGROUND: As directed by the Board and County Administrator, Public Works Department's Road & Bridge Division maintains 250 miles of unpaved roadways throughout the county. This work requires the purchase, delivery, and placement of stabilized material to ensure that the roadways are passable. Stabilized material is purchased from Blue Goose, Stewart, and Wild Turkey mines, as appropriate, based on location in relation to the roads being maintained, and availability of a suitable product. Materials are typically picked up from the mines with Road and Bridge dump trucks. Staff is currently preparing an invitation to bid to establish fixed pricing for the product, and to facilitate sufficient budget appropriation for the materials for FY 2023/2024, but requires a waiver of the bid requirements in the interim, as the total amount spent on this material is anticipated to exceed the County Administrator's $75,000 authority. DISCUSSION Staff anticipates expenditures of up to $300,000 for stabilizer in the current fiscal year. Blue Goose has typically had the most material available, and is the closest mine to the north county and Fellsmere dirt roads under maintenance. Stewart is closer for South County Work and is used when stabilizer is available. Wild Turkey is used for road base material when needed, and is used for stabilizer when available. D FUNDING/BUDGET AMENDMENT: Funds are available and budgeted in the following accounts: Account Name Account Number Anticipated Need for FY 22/23 Secondary Roads/Fellsmere Roads Stabilization j 10921441-035390-16032 $90,000 Secondary Roads/North County Road Stabilization 10921441-035390-17019 $100,000 Transportation/Road and Bridge/Other Road Material/Supplies 11121441-035390 $110,000 RECOMMENDATION: Staff recommends the Board of County Commissioners waive the requirement for bids and authorize the Purchasing Division to issue purchase orders to the three local mines in a total cumulative amount not to exceed $300,000. 10 • r INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 8, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Adoption of Modifications to the Purchasing Manual BACKGROUND: Section 105.06 of the Indian River County Code of Ordinances directs the county administrator to prepare a purchasing policies and procedures manual, which is commonly referred to as the Purchasing Manual. Revisions are necessary from time to time, and while not required by code, the administrator has always directed the changes be presented before the Board for their information and concurrence. The updated manual will be posted to the County web site for easy access. DISCUSSION: The following changes have been made and approved: 1. Section 1, General Information, has been updated to make explicit policy statements required for the county to be eligible for federal funding, as well as pass through funding to the sheriff from the Florida Department of Law Enforcement (FDLE). These statements were added in the Ethics and Conflict of Interest, and Project Involving Federal Funding paragraphs in the General Provisions, Purposes and Applications section, and in a new Full and Open Competition section. Section 1 has also been amended to add explicit authorization for the use of alternate construction project delivery methods such as job order contracting (JOC) and design -build. Section 1, Definitions has been updated to expand the capabilities of the Request for Information (RFI) process, which is most often used to obtain information about available products to help develop solicitation documents. It would be advantageous to use this short response process to prequalify vendors to provide supplemental services paid for directly by the public, such as food trucks for various events, and therefore, that explicit authority has been added. Typically, these vendors pay the county a portion of their proceeds, or a flat daily rate, with the annual revenue amounts well below the bid threshold. 4. The time for vendors to make notice of protest in connection with a competitive selection process has been reduced from seven to five calendar days. When notified by a department of a pending agenda for award of a solicitation, Purchasing makes public notice of intent regarding the bid, effectively starting the protest clock. Often this notification to Purchasing is not able to 11 be made until six or seven days prior to the proposed BCC meeting. The time noted in the manual for departments to submit their recommendation of award has been decreased from 10 days prior to the proposed BCC meeting, to seven days. These changes, while still affording ample time for the aggrieved to protest, facilitates bid award in a timeline preferred by the departments. Commensurate with this deduction, the seven day period for denied protests to be appealed is reduced from seven calendar days to three business days. To support the modification of the protest timeline, a review of the protest timelines for neighboring counties was made. Only one other local county offers a protest notice period of longer than five calendar days, and none give more than five business days to appeal. 5. Section 5, which relates to Requests for Proposals (RFPs) and Requests for Qualifications (RFQs) had dictated a maximum number of selection committee members. As some solicitations require input from more than the maximum seven departments and agencies, the maximum has been stricken, and only the requirement for a minimum number of committee members remains. Composition of the selection committees remain subject to the county administrator's approval. Section 6. Summary of Procurement is updated to clarify, as has been practice, the Board is not required to approve individual procurements associated with an existing local agreement, or an eligible cooperative or piggyback agreement (such as contracts awarded by the State). Section 10, Information Technology Procurement Process has been streamlined and clarified. Step by step instructions are removed, and more explicit guidelines for the purchases are provided. RECOMMENDATION Staff recommends the Board note its concurrence with the changes approved by the County Administrator. ATTACHMENTS: Changes to the Purchasing Manual 12 Indian River County Purchasing Manual —Effective August 16December 20, 2022 applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. O. Ethics and Conflict of Interest. All County employees involved in any part of the procurement process are required to act in an ethical manner. Local policies, including disciplinary action for violations, addressing such practices may be found in the Administrative Policy Manual, AM -806.1, Conflicts of Interest/Ethics Code 104.06 (which supplements the requirements of F.S. Chapter 112) and County Code Section 105.08 — Disclosure of Relationships. In addition to civil penalties imposed by state or federal authorities, violation of these practices will be evaluated in accordance with the disciplinary procedure provided in AM -807.1. P. Projects Involving Federal Funding. When a procurement involves federal assistance-$* the expenditure of federal funds, or federal grant funds for a pass-through agency (such as Florida Department of Emergency Management and the Florida Department of Law Enforcement), the procurement and any resulting contract shall be conducted in accordance with any mandatory applicable federal laws and regulations, including 2 C.F.R. §200.317 through 327. Departments are responsible for defining funding sources when requesting a bid number or entering a requisition. Key items of note in relation to 2 C.F.R. include: 1. Departments shall avoid acquisition of unnecessary or duplicative items, with consideration given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. 2. Geograohical preference may not be considered for work under 2 C.F.R. §200.319. Q. Cone of Silence. Potential bidders/respondents and their agents must not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to a solicitation. This restriction is effective from the time of bid advertisement/release until the Board of County Commissioners meets to authorize award. Such communication may result in disqualification. R. Domestic Preference. To the extent practical, as determined by the Department Director and Purchasing Manager, a preference will be given to items produced in the U.S.A. All U.S. Flags purchased for display at County facilities shall be Made in the U.S.A. S. Alternate Proiect Delivery Methods. When appropriate and authorized under local, state and federal law, delivery methods such as iob order contracting (JOC) and design - build may be utilized. 1.4 PURCHASING DEFINITIONS 4 13 Indian River County Purchasing Manual — Effective August36December 20, 2022 APPLICABLE LAW - Any local, state or federal law which applies to the transaction or issue at hand, as amended from time to time. If any specific statute or local law is cited in this manual, such reference shall be to the statute or local law, as amended from time to time. EMERGENCY - Any circumstance which creates a threat to public health, safety, welfare or property, or may result in substantial loss to the County. The term shall not be limited to officially -declared local, state or federal emergencies. In the absence of an officially declared state of emergency, the Purchasing Manager (for purchases up to $35,000), the County Administrator or the Board shall determine whether an emergency exists for procurement purposes. EMERGENCY PROCUREMENT — A procurement transaction necessitated by an emergency where the delay incident to compliance with this manual would be detrimental to the best interests of the County. ENTERPRISE ERP — Tyler Technologies enterprise resource planning (ERP) software program previously known as Munis. INVITATION TO BID — A solicitation for fixed pricing to complete specified work or provide specified commodities or services. INVITATION TO NEGOTIATE (ITN) — A solicitation for proposals to determine a best value option to meet a specific goal or address a specific problem. The solicitation seeks one or more respondents with whom the County will negotiate for the procurement of commodities or contractual services. Unless otherwise identified in the individual solicitation, evaluation will be completed as outlined in Section 5.1, however negotiations with multiple firms may be conducted concurrently. MANDATORY BID THRESHOLD — The mandatory bid threshold shall be $35,000. Commodities or services having an estimated value equal to or in excess of the mandatory bid threshold shall be procured through a competitive selection process; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $75,000, without competitive selection, and at his discretion, without three quotes if determined to be in the best interest of the County, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction up to or in excess of $75,000, without competitive selection, unless otherwise required by applicable law. OFFICIAL — Any reference to a county official in this manual — such as the County Administrator, County Attorney, Department Director, Purchasing Manager or Risk Manager — shall include the official, or his or her designee. ORIGINATING DEPARTMENT — The department within the County which originated the request for procurement of a commodity or service. REQUEST FOR INFORMATION (RFI) — A solicitation of input from interested parties for an upcoming solicitation or project. This procurement practice used to obtain comments, feedback 5 14 Indian River County Purchasing Manual — Effective AbigHst 44December 20, 2022 or reactions from potential suppliers (contractors) prior to the issuing of a solicitation. Generally, price or cost is not required. Feedback may include best practices, industry standards, technology issues, etc. Responses from an RFI may also be used to qualify or select vendors authorized to provide supplemental services paid for by the public, with a portion of revenue or fee paid to the county, such as food trucks and concessions. REQUEST FOR PROPOSAL (RFP) — A solicitation for proposals to achieve a stated objective. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. RFPs may request a price proposal, to be considered in accordance with the evaluation criteria. (See section 5.1 below). REQUEST FOR QUALIFICATION (RFQ) — A solicitation to professionals to submit a summary of their qualifications to perform a general or specific job or service. If the RFQ is subject to the Consultants' Competitive Negotiation Act, the County shall select no less than three professionals for discussions and, if requested by the County, for presentations. After staff recommendation and approval by the Board, the County shall enter into negotiations for a contract with the most qualified professional(s). RFQs shall be governed by the Consultants' Competitive Negotiation Act, to the extent applicable. (See section 5.2 below). RESPONSIVE BIDDER — A bidder whose bid, proposal or submittal complies in all material respects with the bid invitation or solicitation request, as determined by the County. RESPONSIBLE BIDDER — A bidder who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability that will assure good faith performance, as determined by the County. SERVICES — This term shall generally include all services rendered to the County, except those described in section 287.057(3)(e), Florida Statutes (e.g, legal services, health services, etc). Services described in section 287.057(3)(e), Florida Statutes, may be procured without competitive selection. SOLE SOURCE/SINGLE SOURCE — The only known vendor reasonably capable of providing a specific commodity or service to the County. These terms are used interchangeably, with Sole Source being commonly used by the County, but Single Source defined in 2 C.F.R. SOLE BRAND — The only known brand reasonably capable of fulfilling the specific needs of the County. TECHNICALITY OR IRREGULARITY — An item which is not in compliance with the bid invitation or solicitation request, but which is determined by the applicable County awarding authority to be immaterial to the substantive terms and conditions of the bid, proposal or submittal. The waiver of a technicality or irregularity shall not result in an unfair advantage or disadvantage to any person responding to the bid invitation or solicitation request. 1.5 AUTHORITY OF THE PURCHASING MANAGER 6 15 Indian River County Purchasing Manual — Effective August 14December 20, 2022 A. Line of Authority. The Purchasing Division is part of the Office of Management and Budget. The Purchasing Manager is directly responsible to the Director of the Office of Management and Budget. Except as otherwise provided in this manual, the Purchasing Manager shall procure or oversee the procurement of all commodities and services for the Board. B. Principal Procurement Officer of the County. The Purchasing Manager shall be the principal procurement officer of the County. C. Operational Procedures. The Purchasing Manager may adopt operational procedures covering the internal functions of the Purchasing Division and delegate rights, powers, and authority vested in him to other Purchasing Division staff. 1.6 FULL AND OPEN COMPETITION All procurement must be conducted in a manner to encourage full and open competition, and to prohibit unfair competitive advantage. Prohibited actions, defined in 2 C.F.R. §200.319, include: 1. Placing unreasonable requirements on firms in order for them to qualify to do business; 2. Requiring unnecessary experience and excessive bonding; 3. Noncompetitive pricing practices between firms or between affiliated companies; 4. Noncompetitive contracts to consultants that are on retainer contracts; 5. Organizational conflicts of interest; 6. Specifying only a "brand name" product instead of allowing "an equal" product to be offered and describing the performance or other relevant requirements of the procurement; 7. Any arbitrary action in the procurement process; and, 8. Any geographical preferences in the evaluation of bids or proposals (unless specifically mandated or encouraged by Federal statute). This prohibition does not apply to architectural and engineering (A/E) services, for which geographic location may be a selection criterion, provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. 16 Indian River County Purchasing Manual — Effective Abigust 16Decernber 20, 2022 to the bidder with a Drug Free Workplace Program. In cases where a tie still exists, the Board shall award to the bidder identified as the most responsible bidder based upon any other relevant factors. If a tie still exists, the winning bidder shall be determined in favor of the bidder whose response was received first (as indicated on the Purchasing receipt time stamp and associated log). C. Price Adjustment. Where appropriate, contracts may be awarded with a provision for upward or downward price adjustments, provided such adjustments were part of the bid documents. D. Cancellation after Award. The Board may cancel a bid award at any time prior to execution of the contract by all parties, including the County. 4.4 ADDITIONAL REQUIREMENTS FOR CONSTRUCTION AND PUBLIC WORKS CONTRACTS A. Bid Package Preparation. A complete packet of all bid documents including the original specifications and standardized terms and conditions shall be provided by the Originating Department to the County Attorney for approval. A copy of the bid documents indicating approval by the County Attorney shall be forwarded to the Purchasing Division for final review. B. Public Notice. Bids will be advertised as set forth in Florida Statute 255.0525(2) and Indian River County Code paragraph 105.04. C. Recommendation for Award. 1. The Purchasing Division will review the Originating Department's recommendation for Award and prepare an agenda item for submission to the Board. Recommendation of award must be submitted to the Purchasing Division no less than 48 seven days prior to the proposed commission meeting to facilitate both preparation of the agenda and public notice of the recommendation for a period of more than r^�five days, ensuring no bidder's right to protest is subverted. Should the Originating Department prefer to prepare an Agenda Item due to complexity of the bid, the item shall be routed through the Purchasing Division prior to finalization. 2. If a proposed or sample contract is included in the agenda item, the Originating Department is responsible for routing the proposed contract through the office of the County Attorney. The written recommendation should only request permission for the Board Chairman to execute the contract if the proposed or sample contract is included with the agenda item. A contract must be executed by the other party prior to submission to the Board Chairman to sign. 3. If a proposed or sample contract is not included in the agenda item, it shall be the Originating Department's responsibility at a later date, to prepare an agenda item requesting execution by the Board Chairman, to route the agenda item for required approvals, and to present the item at a Board meeting. A contract must be executed by the other party prior to submission to the Board Chairman to sign. A copy of the agenda 20 17 S. COMPETITIVE SELECTION — RFP/RFQ 5.1 REQUEST FOR PROPOSAL (RFP) If it is not practical or advantageous to procure any specific commodity or service by competitive sealed bidding, a request for proposals may be used. A. RFP Process. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. It must include a clear description of the need for the goods or services being procured. RFPs may include a request for price, to be considered in accordance with the evaluation criteria. Except as modified by applicable law or this manual, RFPs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in section 4. 1. Evaluation Criteria. The RFP shall state the evaluation criteria and the relative importance of each evaluation criterion, including price, if applicable. Only criteria set forth in the request may be used to evaluate the proposals submitted. 2. Selection Committee ("Committee"). After the RFP has been issued, a Committee shall be appointed by the County Administrator. The Committee shall be comprised of not less than three and not m F^ than seven members. A majority of members shall constitute a quorum. 3. Review of Proposals. The Committee shall review all proposals submitted in response to the RFP, and shall make a recommendation for award, based upon the evaluation criteria. 4. Non -Public Proceedings of the Committee. If the Committee (a) meets to discuss negotiation strategies, or (b) meets with a proposer for the purpose of hearing a presentation, conducting discussions and asking questions, or conducting negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shall be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. 5. Negotiation of Proposals. The County may negotiate with any proposer to revise, value engineer, etc any proposal, provided the revisions do not amount to a 24 18 BOARD OF COUNTY COMMISSIONERS �gIVEJ� INDIAN RIVER COUNTY, FLORIDA A � WOO ORl Purchasing Policies and Procedures Manual Updated Augus December 20, 2022 S. COMPETITIVE SELECTION — RFP/RFQ 5.1 REQUEST FOR PROPOSAL (RFP) If it is not practical or advantageous to procure any specific commodity or service by competitive sealed bidding, a request for proposals may be used. A. RFP Process. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. It must include a clear description of the need for the goods or services being procured. RFPs may include a request for price, to be considered in accordance with the evaluation criteria. Except as modified by applicable law or this manual, RFPs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in section 4. 1. Evaluation Criteria. The RFP shall state the evaluation criteria and the relative importance of each evaluation criterion, including price, if applicable. Only criteria set forth in the request may be used to evaluate the proposals submitted. 2. Selection Committee ("Committee"). After the RFP has been issued, a Committee shall be appointed by the County Administrator. The Committee shall be comprised of not less than three and not m F^ than seven members. A majority of members shall constitute a quorum. 3. Review of Proposals. The Committee shall review all proposals submitted in response to the RFP, and shall make a recommendation for award, based upon the evaluation criteria. 4. Non -Public Proceedings of the Committee. If the Committee (a) meets to discuss negotiation strategies, or (b) meets with a proposer for the purpose of hearing a presentation, conducting discussions and asking questions, or conducting negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shall be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. 5. Negotiation of Proposals. The County may negotiate with any proposer to revise, value engineer, etc any proposal, provided the revisions do not amount to a 24 18 Indian River County Purchasing Manual — Effective Aueust 16December 20, 2022 substantial and material change to the proposal, and provided that such revisions do not unfairly affect other proposers. 6. Award of Proposals. The committee's recommendation shall be presented to the Board for approval, which may include a request for authorization to negotiate, or recommendation of award, after public notice of the final ranking has been made at least seven days prior to the proposed Board meeting. If the agenda is not prepared by the Purchasing Division, a copy of the agenda item and all supporting documentation shall be provided to the Purchasing Division prior to submission to the Board. The award shall be made to the most responsive and responsible proposer whose proposal is determined to be the most advantageous to the County, based upon the evaluation criteria. 5.2 REQUEST FOR QUALIFICATIONS (RFQ) Certain professional services are required by the Consultants' Competitive Negotiation Act to be procured by the use of a Request for Qualifications (RFQ). An RFQ may also be used to procure professional services not covered by the Consultants' Competitive Negotiation Act. A. RFQ Process. An RFQ is characterized by an invitation to professionals to submit a summary of their qualifications to perform a general or specific job or service. It must include a clear description of the need for the goods or services being procured. If the RFQ is subject to the Consultants' Competitive Negotiation Act, the County shall select no less than three professionals for discussions and, if requested by the County, for presentations. After staff recommendation and approval by the Board, the County shall enter into negotiations for a contract with the most qualified professional(s). RFQs shall be governed by the Consultants' Competitive Negotiation Act, to the extent applicable. Except as modified by applicable law or this manual, RFQs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in Section 4. Ten-year litigation history shall be requested as part of the RFQ submittal. B. Evaluation Criteria. The qualifications of each firm responding to an RFQ subject to the Consultants' Competitive Negotiations Act shall be determined in accordance with the criteria set forth in the Act, including, without limitation, the professional ability of personnel; whether the firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current and projected workloads; and the volume of work previously awarded to each firm by the County, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. The qualifications of each firm responding to an RFQ which is not subject to the Consultants' Competitive Negotiations Act shall be determined in accordance with the criteria set forth in the RFQ. C. Selection Committee ("Committee"). A Committee shall be appointed by the County Administrator after the RFQ has been issued. The Committee shall be comprised of not less than three and Ret mere than Seve- members. A majority of members shall constitute a quorum. 25 19 6. SUMMARY OF PROCUREMENT The following is a summary of the above procurement requirements. A. Less than $3,500. Quotes are not required; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements less than $3,500. B. From $3,500 to $35,000. Three (3) quotes required to be attached to the requisition; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ are permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements from $3,500 to $35,000. D. From $35,000 to $75,000. Emergency purchase orders permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ are required, unless waived by County Administrator or Board, or required by applicable law. The County Administrator and the Board have authority to approve procurements from $35,000 to $75,000, and the Purchasing Manager has authority to authorize purchases associated with an eligible Cooaerative or Piggyback agreement. Bid security required for bids over $35,000. F. Over $75,000. The Board must approve all procurements not associated with an existing local agreement or eligible Cooperative or Piggyback agreement; Bid/RFP/RFQ required, unless waived by the Board, if allowed by applicable law. Bid security is required. G. Construction Projects Over $100,000. Public construction bond required for construction contracts. 28 20 BOARD OF COUNTY COMMISSIONERS �gtVEJ,�c �Z INDIAN RIVER COUNTY, FLORIDA A Z Purchasing Policies and Procedures Manual Updated Augus December 20, 2022 6. SUMMARY OF PROCUREMENT The following is a summary of the above procurement requirements. A. Less than $3,500. Quotes are not required; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements less than $3,500. B. From $3,500 to $35,000. Three (3) quotes required to be attached to the requisition; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ are permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements from $3,500 to $35,000. D. From $35,000 to $75,000. Emergency purchase orders permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ are required, unless waived by County Administrator or Board, or required by applicable law. The County Administrator and the Board have authority to approve procurements from $35,000 to $75,000, and the Purchasing Manager has authority to authorize purchases associated with an eligible Cooaerative or Piggyback agreement. Bid security required for bids over $35,000. F. Over $75,000. The Board must approve all procurements not associated with an existing local agreement or eligible Cooperative or Piggyback agreement; Bid/RFP/RFQ required, unless waived by the Board, if allowed by applicable law. Bid security is required. G. Construction Projects Over $100,000. Public construction bond required for construction contracts. 28 20 7. PROTEST PROCEDURE 7.1 RESOLUTION OF PROTESTS Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (75) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. A. Decision. The Purchasing Manager shall promptly investigate the basis of the protest and, after consultation with the Originating Department, the Office of the County Attorney and any other person or entity deemed necessary by the Purchasing Manager, shall issue a decision in writing. A copy of the decision shall be furnished immediately to the protestor and any other party determined by the Purchasing Manager to be directly affected by the decision. The decision shall: 1. State the decision and the basis for the decision, and 2. Set forth the protestor's right to administrative review. B. Administrative Review. If the protestor disagrees with the decision of the Purchasing Manager, the protestor may appeal the decision. Appeal will be presented to the Board, or to the County Administrator, if within his $75,000 approval authority or other circumstance that would not necessitate consideration of solicitation by the Board. Written notice of such appeal shall be submitted by the protestor to the Purchasing Manager within seveR three (:�3) business�aT days of receipt of the Purchasing Manager's decision. The Board shall consider the appeal with reasonable promptness, and may address the appeal at the same time that it considers the Bid/RFP/RFQ award. C. Stay of Procurements During Protests. In the event of a timely protest, the County shall not award the contract until the administrative appeal is resolved as set forth in paragraphs A and B above, unless the County Administrator or the Board determines that the award must be made without delay in order to protect the substantial interests of the County. 29 21 BOARD OF COUNTY COMMISSIONERS �gIVERc INDIAN RIVER COUNTY, FLORIDA 4 � ORI Purchasing Policies and Procedures Manual Updated Augus December 20, 2022 7. PROTEST PROCEDURE 7.1 RESOLUTION OF PROTESTS Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (75) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. A. Decision. The Purchasing Manager shall promptly investigate the basis of the protest and, after consultation with the Originating Department, the Office of the County Attorney and any other person or entity deemed necessary by the Purchasing Manager, shall issue a decision in writing. A copy of the decision shall be furnished immediately to the protestor and any other party determined by the Purchasing Manager to be directly affected by the decision. The decision shall: 1. State the decision and the basis for the decision, and 2. Set forth the protestor's right to administrative review. B. Administrative Review. If the protestor disagrees with the decision of the Purchasing Manager, the protestor may appeal the decision. Appeal will be presented to the Board, or to the County Administrator, if within his $75,000 approval authority or other circumstance that would not necessitate consideration of solicitation by the Board. Written notice of such appeal shall be submitted by the protestor to the Purchasing Manager within seveR three (:�3) business�aT days of receipt of the Purchasing Manager's decision. The Board shall consider the appeal with reasonable promptness, and may address the appeal at the same time that it considers the Bid/RFP/RFQ award. C. Stay of Procurements During Protests. In the event of a timely protest, the County shall not award the contract until the administrative appeal is resolved as set forth in paragraphs A and B above, unless the County Administrator or the Board determines that the award must be made without delay in order to protect the substantial interests of the County. 29 21 10. INFORMATION TECHNOLOGY PROCUREMENT PROCESS The following procedures are necessary e to maximize consistency, cost efficiencies and life cycle management of the IT -related deviees equipment (telephones, computers, servers, copiers, printers, scanners, software, etc.), and apply regardless of funding source.; aeeesseFies, aP seftwa% PFE)EWFed by PWFGhase er I p --;;-,;P- fe.rthe G-euRty, the fell E)wiRg steps will be uti I ized felr -;;I 19 E)FdeFS: Departments shall not place orders for any item of hardware, related accessory, or software. Requests for all such purchases shall be made to the IT department through a help desk ticket. This restriction excludes new or replacement carrying cases and protective devices, such as screen protectors. If a purchase is reauired. the IT department will obtain necessary auotes or prices for the item determining the best value to the County, and either enter a requisition on behalf of the department, or use an existing department blanket PO, if appropriate. When the Purchase Order has been issued or identified, the IT Department will place the order, with the items shipped to the attention of IT. On arrival, the items will be installed, and the invoice entered by IT, and the help desk ticket closed. Any item being installed on, or connected or plugged into the County's computer or telephone network must be requested on a help desk ticket, to ensure compatibility and compliance with security protocols. 40 22 BOARD OF COUNTY COMMISSIONERS �gIVEj� INDIAN RIVER COUNTY, FLORIDA 4 'Z Z ORI Purchasing Policies and Procedures Manual Updated AugHs December 20, 2022 10. INFORMATION TECHNOLOGY PROCUREMENT PROCESS The following procedures are necessary e to maximize consistency, cost efficiencies and life cycle management of the IT -related deviees equipment (telephones, computers, servers, copiers, printers, scanners, software, etc.), and apply regardless of funding source.; aeeesseFies, aP seftwa% PFE)EWFed by PWFGhase er I p --;;-,;P- fe.rthe G-euRty, the fell E)wiRg steps will be uti I ized felr -;;I 19 E)FdeFS: Departments shall not place orders for any item of hardware, related accessory, or software. Requests for all such purchases shall be made to the IT department through a help desk ticket. This restriction excludes new or replacement carrying cases and protective devices, such as screen protectors. If a purchase is reauired. the IT department will obtain necessary auotes or prices for the item determining the best value to the County, and either enter a requisition on behalf of the department, or use an existing department blanket PO, if appropriate. When the Purchase Order has been issued or identified, the IT Department will place the order, with the items shipped to the attention of IT. On arrival, the items will be installed, and the invoice entered by IT, and the help desk ticket closed. Any item being installed on, or connected or plugged into the County's computer or telephone network must be requested on a help desk ticket, to ensure compatibility and compliance with security protocols. 40 22 Indian River County Purchasing Manual — Effective August 16, 2022 H. The IT depaFtMeRt Will be the sole SOUFEe Fequi;Fed te sign feF deliveFy and submit A-Fale.red em theiF behalf. 1T heipdesk tieket aekpewledging reeeipt ef the equipment th.;# ;Aga_,; A_.rd_p_.red7 this update vAll not have , h.,-,. iRg theiSSUaRee of . Rt- (see Sten H .,h.,., ,\ 41 23 Office of INDIAN ORI Dylan Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Mu 10413 M !7,1101 Dili TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: December 9, 2022 CONSENT: 12/20/2022 RIVER COUNTY ATTORNEY RE: Resolution Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the Time Frame of December 21, 2022, through and including January 16, 2023 The Indian River County Board of County Commissioners has no regularly scheduled meetings during the time frame of December 21, 2022, through and including January 16, 2023. During this interval, it is necessary and desirable that the Board delegate to the County Administrator, or his designee, the authority to call Letters of Credit that may expire during this time interval. Further, it is necessary and desirable that the Board delegate to the County Administrator, or his designee the authority to execute all other documents necessary for the proper functioning of the County. Funding• There is no expense associated with this item. Requested Action: Authorize the Chairman to sign the Resolution as presented, delegating the authority to call Letters of Credit and delegating full signing authority during the period commencing December 21, 2022, through and including January 16, 2023. Attachment Proposed Resolution C:\Granicus\Legistar5\L5\Temp\c8936a41-4c56-4d05-b51 f-aW41770577.doc 24 RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO CALL LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING DECEMBER 21, 2022, THROUGH AND INCLUDING JANUARY 16, 2023, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING DECEMBER 21, 2022, THROUGH AND INCLUDING JANUARY 16, 2023. WHEREAS, there are no regularly scheduled Indian River County Board of County Commissioner ("Board") meetings during the period commencing December 21, 2022, through and including January 16, 2023; WHEREAS, Section 101.05.1.q of the Indian River County Code of Ordinances allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, the Indian River County Code of Ordinances, and Indian River County resolutions, to the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2022-94 and section 101.10(1) of the Indian River County Code of Ordinances, the Board delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5)(2021); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2022-94 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2022-93, the Board delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a 25 RESOLUTION NO. 2022 - declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2022-93 remains in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Indian River County Board of County Commissioners ("Board") to call letters of credit which might expire or otherwise require action to be taken during the period commencing December 21, 2022, through and including January 16, 2023. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing December 21, 2022, through and including January 16, 2023, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary for the proper functioning of the County, which may arise during the period commencing December 21, 2022, through and including January 16, 2023, provided that all such documents signed during such interval are brought to the Board for ratification. 3. The Effective Date of this Resolution is December 20, 2022, and this Resolution shall expire without further action of this Board at the close of business on January 16, 2023. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this 20th day of December, 2022. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Joseph H. Earman, Chairman By: Deputy Clerk Approved as to form and legal sufficiency: By Dylan Reingold, County Attorney 26 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: December 12, 2022 SUBJECT: El Rancho Investments, L.L.C.'s Request for Affidavit of Exemption Approval with Dedications to the County [AOE-18-10-05 / 99110173-82447] (El Rancho AOE) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 20, 2022. DESCRIPTION, CONDITIONS, & ANALYSIS: El Rancho Investments, L.L.C. has submitted an application for an Affidavit of Exemption (AOE) to be known as El Rancho AOE. The project consists of 12 lots on 58.92 acres of land situated on the north side of 21St Street SW, between 58th Avenue SW and 66th Avenue SW (see attachment 1). The property is zoned A-1, Agricultural -1 (up to 1 unit/5 acres), and has an AG -1, Agriculture - 1 (up to 1 unit/5 acres) future land use designation. During the AOE development review process, Public Works staff indicated that a limited access easement would be required along the project's entire 21St Street SW frontage, except four common/shared driveway connections that will provide access to the 12 lots within the overall AOE (see attachment 2). In addition, 30' of right-of-way is required to be dedicated for 21 St Street SW to complete the 60' wide local road minimum. The purpose of the limited access easements is to control the number of driveway connections to the publicly owned and maintained right-of-way. Dedication of the limited access easements to the Board of County Commissioners (BCC) will allow the County to enforce use of the common/shared driveway connections to 21 St Street SW for all the lots within the El Rancho AOE. Normally an AOE may be approved at staff level; however, dedication of the 5' limited access easements and the 30' of 21St Street SW right-of-way to the BCC requires acceptance of the easements and right-of-way by the BCC. Once accepted by the BCC, staff may concurrently approve the AOE and the appropriate documents may be recorded in the public records. The recordable El Rancho AOE accurately depicts the required limited access easements and right- of-way dedication, and also includes the appropriate dedication language. The proposed layout of the AOE has been reviewed by staff, including Public Works, and is acceptable. The BCC may 27 now consider acceptance of the dedication of the limited access easements and right -of way from the property owner as part of the AOE approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the dedication of the limited access easements and right-of-way, and authorize the chairman to execute the subject El Rancho Affidavit of Exemption. ATTACHMENTS: 1. Location Map 2. Affidavit of Exemption Layout 28 e , P nnS na Hi9S s � o r o S 0 g M i } 3 c a m m 'o C C o M � o 0 8 � a o 0 0 K P nns wna-)JAII— � j S 1 � b � 4 O � � p •no P MS A�' H189 N a Ic 138 all ■p ■p w yyP SP�TT N W—LtLLi��3 LiR1 ANC.tIL� m to tamaazed :DaJanudoL�J AWL WMN "M Z oaoa�ar�au rrma�d 1 Li Y (n IM W I1B F W Ulip d d � N B C1 65� ^o v• C tl � � U z w km+ Ou LU gg LJL ®g r 1®nn� ®tipz. 1 "ee i dada �N� �YYPY6 si6c IC -- s---------------- II II II ai mo do dW�fi?�JJ LJ £ R1YIGq J810C131Z.B4O01i � I R IIP�a w° _ I U u 11 T! — — — — — — — — - — Q 0 �, aswc N„tt�G.aoe l6161'Y`fLL1006 R AWI as � IJ -I�iJ na OGAL 3fGllAN ' I I ' tse�cxJt:mos ------------- --mzrtr+eame---------------- I� i i i �Bp1p� ISI p9 IJ 4! I' I�IJ Lwsanr� F I � -------------coxnMuame-----------------'RSI �a. s 3 ,anxn xiz.ame ' I ---- -- ---------------- � � e I RSI / Al lw Ld - s" _j @ a L, qq „ O Y �SWWz RC�3e"1� w g` �'_ L<L1 is fiR � a � �� � W��o Hdew Qb� �R��� :p��NOW a. 13ONB HIM -! R�"dSr����R�� gear . Jill ;�� �8� a �� ='I HIM m<"° .r4 =oWF lei 6 IM, LU� p �rry� a"oma 91r H IMI "Od L 6LL� 91 Hse b�8��� s" � ss IM pg qF � W@616160. s°ws �iNbtl b li Win g RN, �� b�x� � "���� m �1111 141411W-N'� �4 w� Z LLJ J Li W N g�.N�gg`�� O Of� IF® bblilLLJ F t4g�p� R 0 MM Wig ILU 1 < C F 3 �12 LJLJ RM UL - s InI� sN� b �aOm _ W 94 Ing LL- A e LL— 8���� gilt �JLU fill R W v ��les %ilrg < W 5 a° bolls ANI <ql jigi�$� 32 INDIAN RIVER COUNTY, FLORIDA mi MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., Assistant Public Works Director FROM: Robert S. Skok, Infrastructure Project Manager SUBJECT: Award of Bid No. 2023009 111h Drive and 37th Street Roadway and Intersection Improvements, IRC -2001 DATE: November 30, 2022 DESCRIPTION AND CONDITIONS On April 7, 2020, the Board of County Commissioners approved Work Order No. 15 with MBV Engineering, Inc. to provide roadway construction plans including geotechnical investigation, stormwater permitting, and signalization plans to realign a portion of existing 111h Drive immediately south of 37th Street and south through the 36" Court 4 -way stop. The project will also include construction of a new public road segment of 111h Drive North of 37th Street to currently undeveloped property and improving the existing intersection of 11th Drive and 37th Street by installing a new mast arm traffic signal with pedestrian cross walks, curb ramps, sidewalk ramps, signage, and pavement markings. Drainage improvements and installing separate turn -outs for Go -Line bus stops will also be constructed. A bid opening for 11th Drive and 37th Street roadway and intersection project was held on November 16, 2022. Three (3) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: COMPANY BID Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. $3,478,155.50 Ft. Pierce, FL Timothy Rose Contracting, Inc. $3,508,318.72* Vero Beach, FL C.W. Roberts Contracting, Inc. $3,868,384.85 P Palm City, FL *Denotes mathematical errors on bid form corrected Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $3,478,155.50, which is $530,646.79 above the Engineer's Cost Estimate. Dickerson Florida, Inc. has completed various projects for the County in the past. 33 Award of Bid No. 2023009 11th Drive and 37th Street Roadway and Intersection Improvements, IRC -2001 For December 20, 2022 BCC Meeting FUNDING Fund ingforthis project is programmed into the Transportation Capital Improvement Element, which is being presented to the Board. For FY 22/23 $4,900,000 will be funded with Traffic Impact Fees/District II/Aviation Extension to 37th and 41" Streets, Account Number 10215241-066510-22010 and Traffic Impact Fees 2020/District II/Aviation Extension to 37th and 415' Streets Account Number 10415241- 066510-22010. RECOMMENDATION Staff recommends the project be awarded to Dickerson Infrastructure, Inc, dba Dickerson Florida, Inc. in the amount of $3,478,155.50. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement ENDA ITEM FOR DECEMBER 20. 2022 ell C:\Granicu \Legistar5\L5\Temp\1798cc12-85eb-488C-8128-6946cbbc3l lb.doc SECTION 00520 Agreement (Public Works) TABLE OF CONTENTS Title ARTICLE 1- WORK........... ARTICLE 2 - THE PROJECT ARTICLE 3 - ENGINEER .... ARTICLE 4 - CONTRACT TIMES...... ARTICLE 5 - CONTRACT PRICE....... ARTICLE 6 - PAYMENT PROCEDUR ARTICLE 7 - INDEMNIFICATION ........................... ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS ARTICLE 9 - CONTRACT DOCUMENTS ................. ARTICLE 10 - MISCELLANEOUS Page .........................................................2 .........................................................2 ..................................................2 .........................................................2 ......................................................... 3 .......................................................3 .........................................................4 ................................................5 ................................................6 ................................................7 [The Remainder of THIS Page WAS LEFT BLANK INTENTIONALLY] 7198fd29-576a-4b58-950c-6983029f08c6 - 00634 - 1 35 C:\Granicus\Legista r5\LS\Temp\7198fd29-576a-4b58-950c-6983029fO8c6.docz SECTION 00520 Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed project includes realigning a portion of existing 11th Drive immediately south of 37th Street and south through the 36th Court 4 -way stop. Construct a new public road segment of 11th Drive North of 37th Street to currently undeveloped property. Improve the existing intersection of 11th Drive and 37th street by installing a new mast arm traffic signal with pedestrian cross walks, curb ramps, sidewalk ramps, signage, and pavement markings. Improve the existing Go - Line bus stops by installing separate turn -outs that will allow for the buses to pull off the 37th Street travel lanes to load and off-load passengers. Construct drainage improvements to the existing system to improve function ARTICLE 2 - THE PROJECT 2.01 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: 11TH DRIVE AND 37TH STREET ROADWAY AND INTERSECTION IMPROVEMENTS County Project Number: IRC -2001 Bid Number: 2023009 Project Address: 1111 Drive & 37" Street, Vero Beach, FL 32960 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence 7198fd29-576a-4b58-950c-6983029f08c6 - 00634 - 2 36 C:\G ra nicus\Leg ista r5\L5\Temp\7198fd29-576a-4b58-950c-6983029fO8c6.docx A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 240th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 270th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $2,712.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $2,712.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments 7198fd29-576a-4b58-950c-6983029f08c6 - 00634 - 3 37 C:\Granicus\Legista r5\L5\Temp\7198fd29-576a-4b58-950c-6983029fO8c6.docz A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. 7198fd29-576a-4b58-950c-6983029f08c6 - 00634 - 4 38 f:\Granicus\Legistar5\L5\Temp\7198fd29-576a-4b58-950c-6983029f08c6.docx ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees 7198fd29-576a-4b58-950c-6983029f08c6 - 00634 - 5 39 C:\Granicus\Legista rS\L5\Te m p\7 198fd 29- 576a -4 b58- 950c-6983029f08c6. docx 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 for all subcontractors. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-10) inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 00700-1 to 00700-37, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-12, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Roadway Drawings consisting of a cover sheet (1), and sheets numbered 2 through 80, inclusive, and Signalization Drawings consisting of a cover sheet (1), and sheets numbered 2 through 14, with each sheet bearing the following general title: 11th Drive & 37th Street ; 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Special Conditions for Right of Way Construction Appendix D — Subsurface Soil Exploration and Geotechnical Engineering Evaluation 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 16. Bid Bond (page 00430-1); 7198fd29-576a-4b58-950c-6983029fO8c6 - 00634 - 6 40 C:\Granicus\Legistar5\L5\Temp\7198fd29-576a-4b58-950c-6983029fO8c6.docx 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid 7198fd29-576a-4b58-950c-6983029f08c6 - 00634 - 7 41 f:\Granicus\Legistar5\L5\Temp\7198fd29-576a-4b58-950c-6983029f08c6.docx and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(&-ircqov.com Indian River County Office of the County Attorney 1801 27t' Street Vero Beach, FL 32960 7198fd29-576a-4b58-950c-6983029f08c6 - 00634 - 8 42 C:\G ran icus\Legistar5\L5\Temp\7198fd29-576a-4658-950c-6983029f08c6.docx C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 7198fd29-576a-4b58-950c-6983029f08c6 - 00634 - 9 43 C:\G ra nicus\Legista r5\L5\Te m p\7198fd 29-576aABS-950c-6983029f08c6. doa 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 day of 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: 0 Joseph H. Earman, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: CONTRACTOR: 0 (Contractor) (CORPORATE SEAL) Attest Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: James, W. Ennis, P.E., PMP Title: Assistant Public Works Director 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 226-1371 License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 7198fd29-576a-4b58-950c-6983029f08c6 - 00634 - 10 44 C:\Granicus\Legistar5\L5\Temp\7198fd29-576a-4b58-950c-6983029fO8c6.docx c6 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: December 12, 2022 To: BOARD OF COUNTY COMMISSIONERS Through: Jason E. Brown, County Administrator Sean C. Lieske, Director of Utility Services From: Robert J. Tobar, EI, Utility Design Engineer Subject: Award of RFP 2023007 — North County Water & Sewer Project Phase 2 -Private Side Connections for Sewer Background: The North County Water and Sewer Phase 2 construction contract was awarded to Centerline, Inc. by the Board of County Commissioners (BCC) on April 20, 2021. Construction of the project is nearing completion, and the County is transitioning to the private -side connection portion. Typically, homeowners are expected to pay directly for the connection to the utilities; however, on April 20, 2021, the BCC authorized Resolution 3 under which the cost of the private sewer connection and associated septic abandonment would be paid for by the County. Water connection costs will be the responsibility of the homeowner On November 3, 2020, the BCC approved a St. Johns River Water Management District (SJRWMD) Cost - Share Agreement to help fund the Indian River County North Sebastian Septic to Sewer Project Phase 2, as a water quality benefit to the Indian River Lagoon. The agreement provides funding from SJRWMD in the not -to -exceed amount of $1,280,818.77, which can only be applied to 33% of the eligible construction costs of the project. Additionally, the BCC approved the Florida Department of Environmental Protection (FDEP) Cost Share in the amount of $3,250,000, and an Indian River Lagoon Council (IRLC) Cost Share agreement in the amount of $204,017.69 on May 19, 2020, and August 18, 2020, respectively. Discussion: The private side connection portion of the project is anticipated to entail the connection of approximately 196 residential parcels to County sanitary sewer services and approximately 161 water service line connections. On behalf of the Indian River County Department of Utility Services (IRCDUS), the Purchasing Division issued a request for proposals (RFP) to prequalify plumbers for homeowners to select to execute their connections. A single responsive proposal was received. W RFP Results: Advertising Date: RFP Opening Date: Solicitation Broadcast to RFP Documents Requested by: Replies: Analysis: Consent Item October 19, 2022 November 18, 2022 928 Subscribers and 159 Office of Supplier Diversity Registered Vendors 18 Firms 1 Firm (Meeks Plumbing, Inc.) A selection committee comprised of Robert Tobar, Utility Design Engineer; Scott Eddinger, Utility Inspector; and Harrison Youngblood, Utilities Engineer, independently reviewed the received proposal in accordance with the RFP document and Purchasing Manual. The committee then met to discuss the proposal, and agreed that the sole proposer met the RFP requirements, and is qualified to complete the project. Meeks Plumbing, Inc. (Meeks) has completed many projects in and for the County. Staff is prepared to enter negotiations with Meeks to finalize the terms of the agreement, and return the final agreement to the BCC for approval. Funding: Grant funding, in the total amount of $740,946.76, along with American Rescue Plan (ARP) funding from the ARP/Sebastian Phase II Water & Sewer account, number 13821936-066510-17513, in the total amount of $886,111.04, may be used to offset some of the costs to homeowners for sewer connections, for a total amount of $1,627,057.80, as shown below: Grant/Account Description Agency/Account Number Amount SJRWMD Cost -Share Grant SJRWMD $ 536,929.071 Indian River Lagoon Cost -Share IRLNEP $ 204,017.69 ARP/Sebastian Phase II Water & Sewer 13821936-066510-17513 $ 886,111.042 Total $1,627,057.80 1. psi Mine sewer connection costs per SJrtwmu contract 2. Only eligible to be used to reimburse contracted plumber State Housing Initiative Partnership (SHIP) funding of up to $20,000 of connection costs is available to homeowners who qualify based on household income. These requirements are listed on Community Development Planning Division's webpage. Recommendation: Staff recommends the Board of County Commissioners award the Request for Proposal 2022007 to Meeks Plumbing, Inc., and authorize staff to begin negotiations. .m • CONSENT: December 20, 2022 0zce of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: December 12, 2022 ATTORNEY SUBJECT: The Reserve at Grand Harbor, Plat 33 Third Request for 2 -Year Extension to Final Lift of Asphalt Contract Developer: GH Vero Beach Development LLC BACKGROUND: In 2016, GH Vero Beach Development LLC, the developer of The Reserve at Grand Harbor PD Phase 1, Plat 33, in order to receive a Certificate of Completion for its project, entered into a Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703) and posted the required security in the form of cash in the amount of $212,131.88 to guarantee completion of the final lift of asphalt. In 2018, the developer requested and the Board of County Commissioners granted a 2 -year extension to this contract in order to avoid laying the final lift until after a majority of the construction is completed so that the finished roadways will be more aesthetically pleasing to potential buyers. In 2021, the developer requested a second 2 -year extension to complete the final lift of asphalt. The Board of County Commissioners granted the second 2 -year extension. The developer has requested a third 2 -year extension to complete the final lift of asphalt, has paid the pre -requisite extension request fee, and has submitted its engineer's updated certified cost estimate which reflects a $105,131.62 increase from the last submittal. An Amended Cash Deposit and Escrow Agreement will be executed. 47 Section 913.10(1)(E) of the County Code states that for good cause shown the Board may, in its discretion, grant one or more extensions of time for performance of any contract for construction of required improvements provided the security supporting such contract remains valid for the required 90 -day period following the newly extended time for performance. The Public Works Director and the Current Development Chief have no objection to the third additional 2 -year extension, and have approved the submitted updated certified cost estimate. A map depicting the location of where the final lift of asphalt is to be laid is attached to the Third Modification. Additionally, if after an inspection is performed by the County and it reveals that there is any deficiency in the roadway base, the developer must repair any deficiency noted in such inspection prior to the laying of the final lift of asphalt. FIT"INf There is no cost to be borne by Indian River County with respect to this item. RECOMMENDATION: Approve the Third Modification to Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703) to extend the completion date to December 16, 2024, and authorize the Chairman to execute same. It is noted that the supporting cash security will continue to remain in escrow along with the additional posted funds covering the increase on the new cost estimate ATTACHMENTS: Letter Request for Extension Third Modification to Contract Amended Cash Deposit and Escrow Agreement 2 48 CAH VERO BEACH DEVELOPMENT LLC PO Box 7430 PORT Sr. LUCIE, FL 34985 dfletcher@ghvbdevelopment.com December 14, 2022 RECEIVED VIA HAND DELIVERY Nadia Westerik Legal Assistant Office of County Attorney Indian River County 180127" Street Vero Beach, FL 32960 Re. The Reserve at Grand Harbor, Plat 33 Final Lift of Asphalt Extension Request Dear Nadia, COUNTY ATTORNEY'S OFFICE Please find this letter as our request an Extension for the Final Lift Bond for the Reserve at Grand Harbor, Plat 33, as the project has not been completed. Enclosed is our check in the amount of $660.00, an original updated certified cast estimate and a copy of the Resolution giving Christopher D. Card authorization signing authority for GH Vero Beach Development LLC. Please let me know if you need any additional information. Thank you. Sincerely yours, yrs Debbi Fletcher Administrative Assistant /dlf Enclosures The Reserve At Grand Harbor PD Phase 1, Plat 33 THIRD MODIFICATION TO CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT CONTRACT NO. PD -13 -10 -03 -FLA (2001020101-77703) THIS THIRD MODIFICATION, made and entered into this day of December, 2022, by and between GH VERO BEACH DEVELOPMENT LLC, a Delaware limited liability company, hereinafter referred to as "Developer", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer entered into a Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703), guaranteeing the installation of the final lift of asphalt the earlier of 2 years from the project's projected date of Certificate of Completion (December 16, 2016) or 60 days prior to turnover to homeowner association or prior to certificate of occupancy for the Iast residence in this phase of the subdivision; and the Developer posted cash in the amount of $212,131.88 as security to guarantee completion and entered into a Cash Deposit and Escrow Agreement For Final Lift of Asphalt; and WHEREAS, in December, 2018, Developer was granted an additional 2 -year extension to install the final lift of asphalt and entered into a Modification to Contract for Construction for Final Lift of Asphalt, extending the expiration date to December 16, 2020, with the existing cash security continuing to be held to guarantee completion; and WHEREAS, in April, 2021, Developer was granted a Third 2 -year extension to install the final lift of asphalt and entered into a Modification to Contract for Construction for Final Lift of Asphalt, extending the expiration date to December 16, 2022, with the existing cash security continuing to be held to guarantee completion; and WHEREAS, the developer has requested a third 2 -year extension to December 16, 2024 to install the final lift of asphalt, as allowed by code; 2. provided an updated certified cost estimate attached as Exhibit "A" which amount has been approved by County engineering and did change from the initial cost estimate; and 3, increased the initial cost estimate of $212,131.88 to $317,263.50; and 4. provided a map depicting the location of where the final lift of asphalt is to be laid, attached as Exhibit "B". 5. . paid the required $660.00 extension fee request to County. 50 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. The date for completion of the final lift of asphalt as outlined in the Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703), as modified, is extended to December 16, 2024. 2. The $212,131.88 shall continue to be held in escrow for the guaranty for the final lift of asphalt and represents 125% of the cost of the final lift of asphalt to be completed as evidenced by developer's engineer's updated certified cost estimate as approved by County engineering, attached as Exhibit "A". The developer is to post the additional funds in the form of cash. 3. The extension fee in the amount of $660.00 established by Resolution No, 2005- 041 and pursuant to Section 913.10(1)(G) of the Indian River County Code has been paid. 4. All other terms set out in the Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703), as modified, remain in full force and effect as well as the Cash Deposit and Escrow Agreement For Final Lift of Asphalt. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. GH VERO BEACH DEVELOPMENT LLC DEVELOPER printed name: Authorized Signatory INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners COUNTY ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Joseph H. Earman, Chairman By: Deputy Clerk BCC approved: Approved as to form and legal sufficiency: gBy t illiam K. DeBraal Deputy County Attorney 51 KM Ni 1 +TE ER R N101,ER. ENC'. -4 CIVIL ENGINEERS -- 1215/2022 RESERVE AT GRAND HARBOR (PHASE 1) CERTIFIED COST ESTIMATE FINAL LIFT ASPHALT ": Description Quantity Unit Unit Price TOTAL Mobilization 1 LS $3,500.00 53,500.00 1.25" SP 9.5 - 2nd Lift (Grand Harbor Reserve Sq.) 3,321 SY $15.00 549.815.00 Mill Existing Asphalt (1.5") 9,579 SY $4.70 $45,021.30 Overlay w/ 1.5" SP 9.5 Asphalt 9,579 SY S15.50 $148,474.50 Restripe Pavement 1 LS $4,)00.00 S4,000.00 Reset PCP's 1 LS $3,000.00 53,000.00 TOTAL $253,810.80 ISurety Amount 125% $317,263.50 CERTIFICATE OF COST ESTIMATE I, Stephen E. Moler, a Florida registered engineering, License No. 33193, do hereby certify to Indian River County that this cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the total cost estimate is true and accurate to the best of my knowledge. This estimate has been prepared, in part, to induce approval by the County of a final plat for the Reserve at Grand Harbor Phase 1 project, and for the purpose of establishing proper surety amounts associated therewith. %W1 t t 111 rrrf��� ���,��G.��G E.NSF•.��% Dig W c= signed by stwpreri ant oZ The item has been digitally signed and seated DN: c=715, o=Masie9les and Moro, .� ; • * ,: g� Y g Inc-, + No. 33193 ::by STEPHEN E. MOLER, PE on the date adjacent 16140 i 219241cn= TIXl 1EZ-,Y' : ::to the seat. Printed copies of this document are not 1sla00021e2a. cn=st�hen t Tio<<,� ; Dale, 2022.1205 11:16:ss-05C. * considered signed and sealed and the signature Stephen E. Moler, P.E. FL #33193 '. • ' S TAT E O F must be verified on any electronic copies. Executive Vice President �p't` SS O Rtp ,,/ONALe,,, Fi"1357 1655 27th Street, Suite 2 ADMiN\Cons,imcticrlMaint n me Bond Estimate Vero Beach, Florida 32960 tPeAorma Bond_ mkihmphait-Extnnion 22-2205.xisx) (772) 567-5300 Page 1 of 1 52 i.t 1J '-L 'L �l z_11.'i_1.i =r:i ~f—•. F r► i` i �- _�.. ?�? s= - '� .� C �'- _ _ '_[^ 21�-!� — fun - s g Project: The Reserve At Grand Harbor PD Phase 1, Plat 33 Final Lift of Asphalt AMENDED CASH DEPOSIT AND ESCROW AGREEMENT THIS AMENDED AGREEMENT is entered into this day of December, 2022, by and between GH VERO BEACH DEVELOPMENT LLC, a Delaware limited liability company, (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY): WITNESSETH: WHEREAS, Developer entered into a Contract for Construction For Final Lift of Asphalt for the project known as The Reserve At Grand Harbor PD Phase 1, Plat 33 and was required to provide security supporting said contract; and WHEREAS, in support of the Contract for Construction For Final Lift of Asphalt, Developer posted $212,131.88 cash and entered into a Cash Deposit and Escrow Agreement to guarantee the installation of the final lift of asphalt, said amount was based on Developer's engineer's certified cost estimate in the amount of 125% of the total estimated cost; and WHEREAS, under the Contract for Construction For Final Lift of Asphalt, Developer agreed to install the final lift of asphalt the earlier of 2 years from the project's projected date of Certificate of Completion; 60 days prior to turnover to homeowner association; or prior to certificate of occupancy for the last residence in the subdivision (or a separately platted phase of the subdivision); and WHEREAS, Developer has requested an additional 2 -year extension to December 16, 2024 to install the final lift of asphalt, as allowed by code; has provided an updated certified cost estimate; has paid the required extension fee request; and has entered into a Modification to Contract for Construction For Final Lift of asphalt; and WHEREAS, there is a shortage of funds required to be posted based on the difference between the original certified cost estimate ($212,131.88) and the updated certified cost estimate ($317,263.50), necessitating the Developer to post additional cash in the amount of $105,131.62. NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The above recitals are incorporated herein. 2. This Amended Cash Deposit and Escrow Agreement reflects the additional cash deposited into escrow with the County in the amount of $105,131.62. 54 Project: The Reserve At Grand Harbor PD Phase 1, Plat 33 Final Lift of Asphalt 3. All other terms and conditions contained in both the Contract for Construction For Final Lift of Asphalt, as modified, and the Cash Deposit and Escrow Agreement, as amended, remain unchanged. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. OFFICE OF MANAGEMENT AND BUDGET By: Kristin Daniels, OMB Director APPROVED AS TO FORM AND LEGAL SUFFIC ENC • !? By.YL.K j William K. eBraa Deputy County Attorney GH VERO BEACH DEVELOPMENT LLC DEVELOPER printed name: Authorized Signatory INDIAN RIVER COUNTY, FLORIDA IS Joseph H. Earman, Chairman COUNTY BCC Approved: 2 55 CONSENT INDIAN RIVER COUNTY l►�il_��iI� ' � � � u TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: December 13, 2022 W SUBJECT: Revision to Administrative Policy AM -702.1 Sick Leave — Payment of Leave upon Employee Death BACKGROUND: Indian River County has established administrative policies outlining various policies, practices and procedures applicable to County employees. Human Resources is recommending the following revisions: 1. Addition of language to designate that payment of unused sick leave for employees who die while in County employment shall be paid to the same beneficiary as is designated for the life insurance benefit. This payment provision is consistent with the payment of unused vacation leave for employees who die while in County employment. Payment is made to the same beneficiary as is designated for the life insurance benefit. FUNDING: There is no budgetary impact to this change. RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve the revision to AM - 702.1 Sick Leave. ATTACHMENTS: AM -702.1 Sick Leave (markup) 56 POLICY: It is the policy of the County to permit employees to be absent from work due to non -work related sickness or injury. In order to help regular employees maintain their income during these absences, the County will provide compensation according to the guidelines below. COMMENT: 1. Sick Leave will accrue for all regular full-time and regular part-time employees beginning with the completion of their first full calendar month of employment. Full-time employees will accrue one day per month and part-time employees' accrual will be on a pro- rata basis. Part- time employees hired on orafter June 22, 2001, will notaccrue sick leave. 2. New employees' sick leave is available for use as it is earned. To receive compensation while absent on medical leave the employee shall notify the immediate supervisor prior to or as soon as possible after the period of absence begins. The supervisor may request a physician's certification of the need for the absence. In every case, a person using more than five consecutive work days' sick leave will present certification of need for the absence and clearance to return to work from a licensed medical provider. Failure to present such certification may prevent the employee from being allowed to return to work or may result in no pay for the period of absence. 3. Sick Leave may be charged in increments of one-half hour minimum. 4. Sick Leave may be applied for the following purposes: a. Personal injury or illness not connected with the job, except that it may be used for the first seven calendar days of a work connected absence as detailed in the unit PAYROLL/SALARY ADMINISTRATION, AM -301.1, item 11. It may also be used beyond the seventh day to supplement Workers' Compensation benefits until the sick leave balance is reduced to 240 hours, at which time the employee may supplement Workers' Compensation benefits with vacation leave. Once all vacation is used, up to half the employee's remaining sick leave balance may be used for this purpose. b. Medical, dental, optical or chiropractic treatment/examination. C. Exposure to a contagious disease which would endanger others (as determined by a physician). d. Illness of a family member, defined as parent, child, sibling, spouse, stepchild, stepparent, stepsibling, grandparent, parent -in-law, child -in-law, sibling -in-law, and legal guardian. 57 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.1 12/20/2022 MANUAL SUBJECT PAGE SICK LEAVE 1 of 3 It is the policy of the County to permit employees to be absent from work due to non -work related sickness or injury. In order to help regular employees maintain their income during these absences, the County will provide compensation according to the guidelines below. COMMENT: 1. Sick Leave will accrue for all regular full-time and regular part-time employees beginning with the completion of their first full calendar month of employment. Full-time employees will accrue one day per month and part-time employees' accrual will be on a pro- rata basis. Part- time employees hired on orafter June 22, 2001, will notaccrue sick leave. 2. New employees' sick leave is available for use as it is earned. To receive compensation while absent on medical leave the employee shall notify the immediate supervisor prior to or as soon as possible after the period of absence begins. The supervisor may request a physician's certification of the need for the absence. In every case, a person using more than five consecutive work days' sick leave will present certification of need for the absence and clearance to return to work from a licensed medical provider. Failure to present such certification may prevent the employee from being allowed to return to work or may result in no pay for the period of absence. 3. Sick Leave may be charged in increments of one-half hour minimum. 4. Sick Leave may be applied for the following purposes: a. Personal injury or illness not connected with the job, except that it may be used for the first seven calendar days of a work connected absence as detailed in the unit PAYROLL/SALARY ADMINISTRATION, AM -301.1, item 11. It may also be used beyond the seventh day to supplement Workers' Compensation benefits until the sick leave balance is reduced to 240 hours, at which time the employee may supplement Workers' Compensation benefits with vacation leave. Once all vacation is used, up to half the employee's remaining sick leave balance may be used for this purpose. b. Medical, dental, optical or chiropractic treatment/examination. C. Exposure to a contagious disease which would endanger others (as determined by a physician). d. Illness of a family member, defined as parent, child, sibling, spouse, stepchild, stepparent, stepsibling, grandparent, parent -in-law, child -in-law, sibling -in-law, and legal guardian. 57 5. Authorized sick hours shall not be counted as time worked for the purpose of computing overtime pay eligibility. 6. Maximum Accruals: a. For regular full-time employees hired on or after October 1, 2011, sick leave accruals will not exceed thirty days at any time. At the end of December of each year, any sick leave hours over the thirty (30) day maximum will be converted to vacation hours using the following formula: .50 x hours over max = Number of hours to be converted to vacation hours The converted hours will be added to the vacation accrual bank after the annual vacation reduction. b. Regular full-time employees hired prior to October 1, 2011, whose accrual banks are in excess of thirty days will remain eligible for a sick leave incentive as follows: Sick Leave Incentive Payment will be provided for full time employees as an incentive to avoid sick leave abuse. At the close of each anniversary year (based upon the hire date), Regular full time employees will be compensated for one-half of all sick leave days accumulated over thirty. The days that are compensated for through this plan will be deducted from the employee's total sick leave accumulation and paid at straight time rate. When regular full time employees reach the maximum accumulation of sixty days, they will receive, at the end of their anniversary year, compensation for all additional hours earned over this maximum. The hours that are compensated for will be deducted from the employees' total accumulation and paid at straight time rate. iii. At promotion, an employee promoted into the position of Battalion Chief or Assistant Chief with a sick leave balance in excess of thirty days if hired on or after October 1, 2011, or in excess of sixty days if hired prior to October 1, 2011, will have their sick leave balance adjusted to either thirty or sixty days, respectively upon promotion. In addition, the employee will be credited with additional sick leave accruals for each month beyond their anniversary month until the month of promotion. The : SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.1 12/20/2022 MANUAL SUBJECT PAGE SICK LEAVE 2 of 3 5. Authorized sick hours shall not be counted as time worked for the purpose of computing overtime pay eligibility. 6. Maximum Accruals: a. For regular full-time employees hired on or after October 1, 2011, sick leave accruals will not exceed thirty days at any time. At the end of December of each year, any sick leave hours over the thirty (30) day maximum will be converted to vacation hours using the following formula: .50 x hours over max = Number of hours to be converted to vacation hours The converted hours will be added to the vacation accrual bank after the annual vacation reduction. b. Regular full-time employees hired prior to October 1, 2011, whose accrual banks are in excess of thirty days will remain eligible for a sick leave incentive as follows: Sick Leave Incentive Payment will be provided for full time employees as an incentive to avoid sick leave abuse. At the close of each anniversary year (based upon the hire date), Regular full time employees will be compensated for one-half of all sick leave days accumulated over thirty. The days that are compensated for through this plan will be deducted from the employee's total sick leave accumulation and paid at straight time rate. When regular full time employees reach the maximum accumulation of sixty days, they will receive, at the end of their anniversary year, compensation for all additional hours earned over this maximum. The hours that are compensated for will be deducted from the employees' total accumulation and paid at straight time rate. iii. At promotion, an employee promoted into the position of Battalion Chief or Assistant Chief with a sick leave balance in excess of thirty days if hired on or after October 1, 2011, or in excess of sixty days if hired prior to October 1, 2011, will have their sick leave balance adjusted to either thirty or sixty days, respectively upon promotion. In addition, the employee will be credited with additional sick leave accruals for each month beyond their anniversary month until the month of promotion. The : difference between the pre -promotion sick leave balance and the adjusted sick leave balance will be paid to the employee at their pre - promotion hourly rate of pay. The employee will remain eligible for sick leave payments identified under i. and ii. as noted above. 7. Regular full-time employees hired on or after October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of one hundred twenty hours, upon retirement or death. Regular full time employees hired prior to October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of two hundred forty hours, upon retirement, termination of employment for other than involuntary separation, or death. Note that employees being laid off shall have the option of leaving sick leave on account for up to one year. Employees leaving County employment having less than ten years' service shall not be paid for unused sick leave. 8. Regular full-time employees in the position of Fire Battalion Chief, Assistant Chief, or Fire Chief shall be paid for all unused sick leave upon retirement or death up to thirty days for employees hired on or after October 1, 2011, or up to sixty days for employees hired prior to October 1, 2011. There shall be no payment of sick leave for termination of employment to include voluntary separation. 9. In accordance with this policy, payment of unused sick leave for employees who die while in County employment shall be paid to the same beneficiary as is designated for the life insurance benefit. Jason E. Brown DATE 59 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.1 12/20/2022 MANUAL SUBJECT PAGE SICK LEAVE 3 of 3 difference between the pre -promotion sick leave balance and the adjusted sick leave balance will be paid to the employee at their pre - promotion hourly rate of pay. The employee will remain eligible for sick leave payments identified under i. and ii. as noted above. 7. Regular full-time employees hired on or after October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of one hundred twenty hours, upon retirement or death. Regular full time employees hired prior to October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of two hundred forty hours, upon retirement, termination of employment for other than involuntary separation, or death. Note that employees being laid off shall have the option of leaving sick leave on account for up to one year. Employees leaving County employment having less than ten years' service shall not be paid for unused sick leave. 8. Regular full-time employees in the position of Fire Battalion Chief, Assistant Chief, or Fire Chief shall be paid for all unused sick leave upon retirement or death up to thirty days for employees hired on or after October 1, 2011, or up to sixty days for employees hired prior to October 1, 2011. There shall be no payment of sick leave for termination of employment to include voluntary separation. 9. In accordance with this policy, payment of unused sick leave for employees who die while in County employment shall be paid to the same beneficiary as is designated for the life insurance benefit. Jason E. Brown DATE 59 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown, County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director THROUGH: John Stoll Chief, Long -Range Planning FROM: Chris Balter Senior Long -Range Planner DATE: December 13, 2022 SUBJECT: Approval of the Affordable Housing Advisory Committee 2022 Incentives Review and Recommendation Report Resolution DESCRIPTION AND CONDITIONS On December 6t'° 2022 the Board of County Commissioners voted and approved the 2022 Affordable Housing Advisory Committee Incentives Review and Recommendation Report. However, the Draft Resolution was inadvertently left out of the review packet for approval. Attached is the Draft Resolution for approval. RECOMMENDATION Staff and the Affordable Housing Advisory Committee recommend that the Board of County Commissioners approve the 2022 AHAC Incentives Review and Recommendation Report, and direct staff to submit a copy of the report to the Florida Housing Finance Corporation for review by December 31, 2022. ATTACHMENT 1. DRAFT RESOLUTION 60 "FACommunity DevelopmenASHIMAHAMNNUAL INCENTIVE REPORT AND LHAP REVISIONS\2022 Incentives Report\AHAC 1 Incentives staff report #2 2022 — BCC.doc" RESOLUTION NO. 2022 - A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) 2022 REPORT AND DIRECTING STAFF TO SUBMIT THE COUNTY'S LOCAL HOUSING ASSISTANCE PLAN TO FLORIDA HOUSING FINANCE CORPORATION (FHFC) WHEREAS, The County, on April 6, 1993, adopted ordinance 93-13, establishing the county's Local Housing Assistance Program pursuant to section 420.9072, Florida Statutes and Rule 67-37, F.A.C.; and WHEREAS, pursuant to revised Section 420.9076(4), F.S., each local government participating in the State Housing Initiatives Partnership (SHIP) program must prepare an Affordable Housing Advisory Committee Report that recommends to the local governing body specific actions or initiatives to encourage or facilitate affordable housing; and WHEREAS, the Indian River County Affordable Housing Advisory Committee (AHAC) held a public hearing pursuant to the requirements of Section 420.9076(5), F.S., on October 26, 2022 to review the Affordable Housing Advisory Committee's 2022 Report; and WHEREAS, the AHAC at its October 26, 2022 public hearing voted to recommend that the Board of County Commissioners approve the report; and WHEREAS, a copy of the Affordable Housing Advisory Committee report must be submitted to the Florida Housing Finance Corporation by December 31, 2022; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida THAT: Section 1. The above recitals are ratified in their entirety. Section 2. Attachment 1 61 RESOLUTION NO. 2022 - The attached Indian River County Affordable Housing Advisory Committee 2022 Report is hereby approved. Section 3. Staff is directed to submit a copy of the AHAC report to the Florida Housing Finance Corporation by December 31, 2022. The foregoing resolution was offered by Commissioner and seconded by Commissioner , and being put to a vote, the vote was as follows: Joseph H. Earman, Chairman Susan Adam, Vice Chairman Joseph E. Flescher, Commissioner Deryl Loar, Commissioner Laura Moss Commissioner The Chairman thereupon declared the resolution duly passed and adopted this 6th day of December, 2022. (Signatures on next page) 2 Attachment 1 62 RESOLUTION NO. 2022 - Board of County Commissioners of Indian River County Joseph H. Earman, Chairman Attest by: Jeffrey R. Smith, Clerk of Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY ives Report\BCC Item ment 1 63 IN a�. INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Recreation Date: December 7, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristen Daniels, Budget Director From: Beth Powell, Director Parks and Recreation Subject: Work Order Number 25, Amendment No. 2 — Continuing Engineering Services RFQ 2018008 — Renewal and Amendment No. 1 Hobart Park Restroom Connections and Utility Service Plans Revisions BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Kimley-Horn and Associates, Inc. On May 18, 2021, Renewal and Amendment No. 1 was executed for continuing engineering services. On November 5, 2019, the Board of County Commissioners approved Work Order Number 25 for Kimley-Horn and Associates, Inc. in the amount of $12,500 for the design services for the design and engineering of sanitary sewer line connections to an existing restroom (east) and the design and engineering associated with relocation and construction of a new restroom (west) at Kiwanis Hobart Park. On August 16, 2022, approved Amendment number 1 to Work Order 25 to update the site plan, paving and grading plan, utility plan, and all detail sheets. Amendment No. 2 to Work Order Number 25, under the current Continuing Consulting Engineering Services Agreements for RFQ 2018008, Renewal, and Amendment No. 1 would provide for modifications of plans to update the site plan, paving and grading plan, utility plan, and all detail sheets. These modifications are due to an update to the restroom facility to be built as part of this project. FUNDING - Funding for Amendment No. 2 to Work Order Number 25 is budgeted and available in the Impact Fees/Parks/Hobart Park Restroom Account Number 10321072-066390-18013, in the amount of $3500. Description I Account Number Amount Impact Fees/Parks/Hobart Park Restroom 1 10321072-066390-18013 $3500 64 RECOMMENDATION: Staff respectfully requests approval of Work Order Number 25, Amendment No. 2 for revisions to the Hobart Park Restroom Connections and Utility Service Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008, Amendment and Renewal No. 1 with Kimley- Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 2, Work Order Number 25. ATTACHMENT: Amendment No. 2 to Work Order Number 25, Kimley-Horn and Associates, Inc. — Continuing Engineering Services RFQ 2018008, Amendment and Renewal No. 1 - Hobart Park Renovations, Restroom Connections and Utility Service Plans DISTRIBUTION Kimley-Horn and Associates, Inc. December 20, 2022 Consent Agenda 65 AMENDMENT 2 TO WORK ORDER 25 HOBART PARK RENOVATIONS, RESTROOM CONNECTON AND UTILITY SERVICE PLANS This Amendment 2 to Work Order Number 25 is entered into as of this 20th day of December 2022, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 25, Effective Date August 16, 2019. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment 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), and 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. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. 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 Amendment 2 to Work Order 25 as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. By: Print Name: Brian Good, P.E. By: Joe Earman, Chairman Title: Principal BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney bub EXHIBIT A — SCOPE OF WORK Task 1 — Modification of Plans The COUNTY desires to modify the previously prepared plans for the restroom facilities at the southern portion of Hobart Park along with the supporting water and sewer utilities servicing the building. The COUNTY is proposing to modify the plans to rotate the building and modify the location of the proposed lift station. Kimley-Horn will update the dimensional site plan that conforms to local agency having jurisdiction permitting requirements which will depict the location of the proposed restrooms, sidewalks and landings and existing surrounding features. Kimley-Horn will update the limited Paving and Grading plan showing the proposed finished floor elevation of the proposed restroom facilities and surrounding grades of proposed sidewalks. The plan will identify paved areas for proposed sidewalk and associated details. Kimley-Horn will update the limited Utility plan showing the existing utilities provided by COUNTY GIS data and as-builts on 77th Street and the utilities provided by the park foreman. Kimley-Horn also understands that the client desires to not connect the existing restroom east of the existing drainage canal to the public force main to the north. Previously, this was proposed to be connected. This modification will remove the design and lift station for this proposed connection. In summary, the following plans will be updated by the Consultant: • Site Plan • Utility Plan • Paving and Grading Plan • Detail Sheets Kimley-Horn will revise the plans to address up to one (1) round of comments from each of the permitting agencies which are being permitting through as part of the previous work order. EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay, and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Modification of Plans $ 3,500 TOTAL $3,500 67 EXHIBIT C —TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately sixty (60) days from the Notice to Proceed (NTP). NTP Plans Preparation contingent upon BOCC approval 30 days following NTP INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Recreation Date: December 13, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristen Daniels, Budget Director From: Beth Powell, Director Parks and Recreation Subject: Work Order Number 26, Amendment No. 2 — Continuing Engineering Services RFQ 2018008 — Renewal and Amendment No. 1 Hosie Schumann Renovations, Restroom Connections and Utility Service Plans BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Kimley-Horn and Associates, Inc. On May 18, 2021, Renewal and Amendment No. 1 were executed for continuing engineering services. On November 5, 2019, the Board approved Work Order Number 26 for Kimley-Horn and Associates in the amount of $8,600 under the Continuing Consulting Engineering Services Agreements for RFQ 2018008, Renewal and Amendment No. 1. Then, on August 16, 2022, the Board approved Work Order Number 26 Amendment No. 1 in the amount of $3,800 to provide for permit application preparation and supporting documentation for the Indian River County Utility Connection permits, as well as for an Indian River County building permit for the construction of the restroom. This Amendment Number 2 to Work Order 26 will provide for permit application preparation and supporting documentation for the Indian River County Building Permit and for modifying the site plan to accommodate the proposed restroom building. The Work Order, Amendment Number 1, and Amendment Number 2 will total $19,400. FUNDING: Funding for Amendment No. 2 to Work Order Number 26 is budgeted and available in the Optional Sales Tax/Parks/Hosie Schumann Park Restroom account, number 31521072-066390- 18011 in the amount of $7,000. Description I Account Number Amount Optional Sales Tax/Parks/Hosie Schumann Park Restroom 31521072-066390-18011$7,000 RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 26, Amendment No. 2, for permitting services and site plan modification associated with the Hosie Schumann Park Restroom Connections and Utility Service Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008, Amendment and Renewal No. 1 with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 2, Work Order Number 26. ATTACHMENT: Amendment No. 2 to Work Order Number 26, Kimley-Horn and Associates, Inc. — Continuing Engineering Services RFP 2018008, Amendment and Renewal No. 1 — Hosie Schumann Park Renovations, Restroom Connections, and Utility Service Plans Kimley-Horn and Associates, Inc. W 71 AMENDMENT 2 TO WORK ORDER 26 HOISE SCHUMANN RENOVATIONS, RESTROOM CONNECTONS AND UTILITY SERVICE PLANS This Amendment 2 to Work Order Number 26 is entered into as of this _ day of December 2022, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 26, Effective Date August 16, 2019. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment 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), and 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. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. 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 Amendment 2 to Work Order 26 as of the date first written above. CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. By: Print Name: Brian Good, P.E. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joe Earman, Chairman Title: Principal BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Att y EXHIBIT A — SCOPE OF WORK Kimley-horn understands that the client desires to modify the proposed restroom building. Previously Kimley-Horn had permitted the design plans and received all necessary approvals. Task 1— Modification of Plans Kimley-Horn understands that the COUNTY desires to modify the existing building. The modification to the building will require modifications to the grading plan, utility points of connection and sidewalk access. The following sheets will be modified: Site Plan Grading Plan Utility Plan This task also consists of the effort to modify the plans up to one time based on comments from the permitting agencies in Task 2 below. Task 2 — Permitting Assistance Based on the revisions and modifications to the plans in Task 1 above, Kimley Horn will prepare applications to the applicable municipalities listed below to modify the previously approved permits. IRC Utility Connection Permit IRC Right of Way Permit IRC Administrative Approval for Site Plan This task consists of up to one response to comments for each permit listed above. EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Modification of Plans $ 3,200 Permitting Assistance $3,800 EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately sixty (60) days from the Notice to Proceed (NTP). NTP contingent upon BOCC approval Plans Preparation 30 days following NTP 73 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney �L, Of Ce of Consent 12/20/2022 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: Brian Freeman, MPO Staff Director And Jim Mann, Infrastructure Project Manager FROM: William K. DeBraal, Deputy County Attorney DATE: December 14, 2022 SUBJECT: Agreement for Purchase and Sell Real Estate with St. John's River Water Management District for an Easement for Expansion of the Trans -Florida Railroad Trail BACKGROUND: The St. John's River Water Management District (District) and the State of Florida are joint owners of the St. Sebastian River Buffer Preserve located on the north side of County Road 512, west of 1-95. The Preserve is managed by the Florida Department of Environmental Protection (FDEP). The Trans -Florida Railroad Trail (Trail) runs through portions of the Preserve. With the assistance of various grants, the County has agreed to expand the trail an additional 1.4 miles to the west to the city limits of the City of Fellsmere. The trail will be built within abandoned Trans -Florida Central Railroad Right -of -Way as part of the Rails to Trails Program awarded by the Florida Department of Transportation to Indian River County. An aerial photo of the proposed expansion is attached to this memorandum as Exhibit "A". On October 18, 2022, the Board of County Commissioners (Board) approved an easement for construction of the proposed trail expansion with the State through the Board of Trustees of the Internal Improvement Trust. The District and County staff now asks the Board to approve the Agreement to Purchase and Sell Real Estate for the easement needed to expand the existing trail. The Agreement is attached to this memorandum. In order for the District to convey an interest in real property, some type of consideration must be received by the District. Usually the consideration comes in the form of a cash payment to the District, but in this case, the District is willing to accept "in kind" consideration in the form of the County's cost to build the trail extension. The Engineer's Opinion of Probable Cost for construction of the trail extension is also attached to this memorandum. FUNDING: Indian River County will enter into a Local Agency Program (LAP) agreement for construction funding of this project. Estimated funding of $174,979 is programmed into the 2022 Capital Improvement Plan in account #31521441-066510-21035, Optional Sales Tax/Trans-Florida Rail Trail Greenway Phase II and FDOT funding of $920,210. 74 SJRWMD Trail Easement December 15, 2022 Page 12 RECOMMENDATION: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate with St. John's River Water Management District for an Easement for expansion of the Trans -Florida Railroad Trail and authorize the Chairman to execute the same. Attachments: Aerial Photo Proposed Easement Agreement for Purchase and Sell Real Estate with the below exhibits included Aerial Photo Exhibit "A" Easement Location Exhibit "B" Engineer's Opinion of Probable Cost Exhibit "C" 75 t 76 PREPARED BY AND RETURN TO: Karen Ferguson, Esq. St. Johns River Water Management District P.O. Box 1429 Palatka, Florida 32178-1429 LA # EASEMENT THIS EASEMENT is given this day of January 2023 (Effective Date), by ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373 of the Florida Statutes, whose mailing address is 4049 Reid Street, Palatka, Florida 32177 (Grantor) and Indian River County, whose mailing address is 1801 27th Street, Vero Beach, FL 32960 (Grantee). As used herein, the term "Grantor" shall include any and all successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term "Grantee" shall include any heirs, successors or assigns of Grantee. WITNESSETH WHEREAS, Grantee wishes to extend a multi -use trail as part of the Florida Department of Transportation's Rails to Trails project along the of the historic Trans -Florida Railroad Trail through a portion of the St. Sebastian River Buffer Preserve State Park. WHEREAS, Grantor and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Trustees) jointly own certain lands situated in Indian River County, Florida, commonly known as the St. Sebastian River Buffer Preserve State Park, and more specifically described in Exhibit "A" attached hereto and incorporated herein (Easement Property). WHEREAS, the Trustees amended the Trustees' Easement 32851, granted to Indian River County, Florida for its interest in the Easement Property. WHEREAS, the Grantee has requested an Easement for ingress and egress over, on, under and upon the Easement Property for the purpose of designing, constructing, and maintaining a 1.4 -mile paved multi -use trail as an extension of the Florida Department of Transportation's Rails to Trails along the historic Trans -Florida Railroad Trail . WHEREAS, Grantor has agreed to grant and convey to Grantee, a permanent non- exclusive access easement over, on, upon, and across the Property for the specific and limited purposes set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, together with other good and valuable consideration provided to Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual non-exclusive easement (Easement) for and in favor of Grantee upon the Easement Property described on Exhibit "A" which shall run with the land and be binding upon the Grantor. The scope, nature, and character of this Easement shall be as follows: 1. Recitals. The recitals herein are true and correct and are hereby incorporated into and made a part of this Easement. 2. Grant of Easement. Grantor hereby gives, grants, bargains, sells and conveys to Page z of 2 Grantee a perpetual non-exclusive Easement for access and/or right of way purposes over, on, under and upon the Easement Property, with full right and authority of ingress and egress over, on, under and upon the Easement Property at all times for the purpose of designing, constructing, and maintaining a 12 -foot wide asphalt surface multi -use trail and supporting culverts within the Easement Area as part of the Florida Department of Transportation's Rails to Trails 1.4 mile extension of the historic Trans -Florida Railroad Trail for access by Grantee, its invitees, contractors, agents, and members of the general public. By acceptance of the benefits of this Easement, Grantee agrees to perform and comply with all obligations imposed on the Grantee herein. 3. Limitation on Easement. This Easement is given by Grantor to Grantee subject to the following terms, conditions and limitations: (i) the Easement granted herein is solely for the purpose of design, construction, and maintenance of a.paved multi -use trail as part of the rail to trails program for ingress and egress by Grantee, its invitees, contractors and agents, including members of the general public, and for no other purpose whatsoever; (ii) Grantee shall abide by any and all applicable laws, rules, regulations, codes and ordinances when utilizing the Easement Property; (iii) Grantee, at its sole cost and expense, shall construct the multi -use trail and continue to repair and maintain the Easement Property in a good, safe condition; and (iv) Grantee shall indemnify and hold harmless Grantor from and against the claims of all persons whomsoever in the event of damage to property or injury to persons resulting from use of the Easement Property by all persons whomsoever, unless such damage or injury is caused by the sole negligence of Grantor. 4. Special Conditions. The following special conditions apply to this easement: a. All construction will comply with the Americans with Disabilities Act ("ADA") and will be in accordance with State of Florida Department of Transportation's most recent and relevant guidelines for multi -use trails and with the most recent version of Federal Highway Administration's Manual on Uniform Traffic Control Devices. b. Grantee will design and construct the Easement Area to retain natural hydrologic connections between surrounding wetlands severed by the construction of the railroad berm. These efforts may be by construction of multiple culverts or by low-water crossings filled with ballast, both methods designed to be suitable for use by firefighting equipment. C. Grantee acknowledges the St. Sebastian River Buffer State Park is managed by the State of Florida Department of Environmental Protection, Division of Recreation and Park, Florida Park Service (Managing Agency) on behalf of Grantor and the Trustees (Lease 4397, as amended). d. Grantee acknowledges that prescribed burning is a land management practice used by Managing Agency to manage natural resources and that prescribed burning may result in fire or smoke within the Easement Area. The Managing Agency will notify the Grantee prior to any prescribed fire activity in the Easement Area and will limit all temporary closures to the minimum duration possible to assure public safety. e. Grantee will design and construct the Easement Area to be fully functional as a fire line that can be traversed by heavy firefighting equipment without damaging the Easement Area surface and will ensure that all improvements are designed, constructed, operated, and maintained in a manner compatible with prescribed burning practices. Page 2 o78 f. Grantee agrees to cooperate fully with the Managing Agency to ensure that the maintenance and use of the trail does not prevent or adversely affect the Managing Agency's ability to conduct prescribed burns. This includes, but may not limited to, all measures necessary to maximize safety such as assisting with posting and maintaining of smoke signage, complying with, and assisting with traffic control and assisting with possible temporary closure of the Easement Area to pedestrian and vehicular traffic. g. Grantee will coordinate all construction and maintenance activities with the Managing Agency, at least seven (7) days in advance. At the discretion of the Managing Agency, such coordination may require an on-site meeting. The Managing Agency may be contacted at (772) 340-7530. h. Grantee acknowledges that the Managing Agency has the authority to temporarily halt any construction or maintenance activities that are unsafe for Easement Area visitors or staff or unacceptably adversely impacting Easement Area resources or facilities. The Managing Agency will work in earnest to identify and implement a resolution as quickly as possible, so as not to cause unnecessary delays to Grantee's schedule of operation. 5. Reservation of Use by Grantor. This Easement is non-exclusive and the Grantor reserves unto itself, its successors and assigns, its invitees, contractors, and agents, including members of the general public, the right to utilize the Easement Property for any purpose which does not unreasonably interfere with the use of the Easement Property by Grantee for the purposes set forth herein. Each party shall use the rights granted and reserved by this Easement with due regard for the rights of the other party to use and enjoy the Easement Property. 6. Successors and Assigns. The Easement shall be binding upon and inure to the benefit of the parties specified herein, their respective heirs, successors and assigns, and the benefit and burdens hereof shall run with the Easement Property in perpetuity. 7. Grantor's Liability. Grantor's liability is limited as provided in Subsection Section 768.28, F.S. Additionally, Grantor shall not be responsible for any costs or liabilities related to the operation, upkeep, or maintenance of this Easement or the Easement Property. 8. Duration. This Easement shall remain in full force and effect in perpetuity, unless terminated earlier as provided herein. 9. Modification. This Easement may be amended, altered, released, or revoked only by written agreement between the parties hereto or their heirs, assigns or successors, which shall be filed in the public records in Indian River County, Florida. 10. Termination. In the event Grantee fails to construct the multi -use trail as part of the rail to trails program within 36 months of the Effective Date of this Easement, Grantor may terminate this Easement by filing a Notice of Termination of Easement in the Public Records of Indian River County, Florida._ 11. Grantor's Liability. Grantor's liability is limited as provided in Section 768.28, F.S. Additionally, Grantor shall not be responsible for any costs or liabilities related to the operation, upkeep, or maintenance of the Easement Property. 12. Non -waiver of Regulatory Authority. Nothing contained herein shall be construed as a waiver of or contract with respect to the regulatory and permitting authority of the District as it now or hereafter exists under applicable laws, rules, and regulations. Page 3 gJ2 1 -3. Effective Date. The Effective Date of this Easement shall mean the date when the last of Grantor or Grantee has executed the same, and that date shall be inserted at the top of the first page herein. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes By: Rob Bradley. Chair ATTEST: By: J. Chris Peterson Secretary For use and reliance only by St. Johns River Water Management District, Legal Form and Content Approved: Karen Ferguson, Esq. Office of General Counsel STATE OF FLORIDA COUNTY OF PUTNAM I HEREBY CERTIFY that the foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2023, by Rob Bradley, as Chair of the St. Johns River Water Management District, on behalf of the District, who is personally known to me, and who did not take an oath. 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WHEREAS, the District jointly owns a parcel of real property known as the St. Sebastian River Buffer Preserve located on the north side of County Road 512, west of I- 95, as depicted on the aerial photo attached as Exhibit "A", hereinafter, the "Preserve"; and WHEREAS, the Preserve is jointly owned with the State of Florida and is maintained by the Florida Department of Environmental Protection ("FDEP"); and WHEREAS, the Tran -Florida Railroad Trail ("Trail") runs through portions of the Preserve and the County desires to expand the Trail by obtaining a Right -of -Way Easement ("Easement") from the Co-owners of the Preserve; and WHEREAS, on October 18, 2022, the State of Florida, through the FDEP, granted an Easement to the County for the County to build addition trail ("Proposed Trail") to the west of the existing Trail. The Proposed Trail expansion is depicted on the aerial photos attached as Exhibit "A"; and WHEREAS, the County seeks to receive a similar Easement from the District for Proposed Trail; and WHEREAS, when granting an easement, Rule 40C-9.380, Florida Administrative Code, requires, among other things, that the District be compensated for the loss of intended use of the land within the proposed Easement; and 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. Agreement to Purchase and Sell. The District hereby agrees to sell to the County, and the County hereby agrees to purchase from the District, upon the terms and conditions set forth in this Agreement, an Easement over the 8.10 -acre parcel of real property and more specifically described in Exhibit "B" attached and incorporated by reference herein. 2. Purchase Price; Effective Date. The consideration for the Easement shall be paid in kind to the District. As consideration the County shall design, construct, and maintain a 12 -foot wide asphalt Proposed Trail along the existing Trans -Florida Central Railway Right -of -Way. The estimated cost of the Proposed Trail is $830,520.24 EIGHT HUNDRED THIRTY THOUSAND FIVE HUNDRED TWENTY DOLLARS AND TWENTY- FOUR CENTS, as evidenced by the Engineer's Opinion of Probable Cost attached to this Agreement as Exhibit "C" and incorporated by reference herein. The District shall consider the purchase price paid upon completion and acceptance of the Proposed Trail by the Co-owners. The Effective Date of this Agreement shall be the date when the last of the District or the County has executed the same, and that date shall be inserted at the top of the first page hereof. 3. Easement. The District shall convey the Easement free of claims, known to the District that would prohibit or materially affect the County from constructing of the Proposed Trail. In the event the County fails to construct the Proposed Trail, the Easement will automatically terminate. 4. Closing Costs: Expenses. The County and the District shall be responsible for preparation of all Closing documents. The County shall pay all Closing Costs. 5. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to this transaction and any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 6. Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to District: St. John's River Water Management District 4049 Reid Road Palatka, FL 32177 Attn: Real Estate Services Program Director Email: realestateservices(a)-sirwmd.com If to the County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: James Mann, Infrastructure Project Manager Either party may change the information above by giving written notice of such change as provided in this paragraph. 7. 'Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9. Non -Waiver of District Regulatory Powers. Nothing contained in this Agreement shall be construed as a waiver of or contract with respect to the regulatory and permitting authority of the District as it now or hereafter exists under applicable laws, rules and regulations. 10. Non -Waiver of Sovereign Immunity. Nothing contained in this Agreement or in any instrument executed pursuant to the terms of this Agreement shall be construed as a waiver or attempted waiver by the District of its sovereign immunity under the constitution and the laws of the State of Florida. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below. ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: ify/L— 14 - C& 'William K. De raal Deputy County Attorney INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Joseph H. Earman, Chairman Date Signed: Indian River County Administrator By: Jason E. Brown 86 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT By: Rob Bradley, Chair Date Signed: ATTEST: By: J. Chris Peterson, Secretary Approved as to form and legal sufficiency: Karen Ferguson Senior Assistant General Counsel 52-01-VERl24 Am Easement Right -« f Vay 0 500 I,000 2,000 State Managed ("on crvation Land a . Cin,/County NTanagcd Conservation Lands Feet * ' Location Map of Easement .Area !r Owned by St. Johns N Indian River County, Florida *r i e YiNif'a'SI 'i�fi Easement Right -« f Vay 0 500 I,000 2,000 State Managed ("on crvation Land a . 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Lzl t Cl Ln ~ mo i o T Ln o H v go �za rel <<] mz f O g��Q " a�$� �a r 1, F' �L' n �o al F� NI fw oo 3 [h z1 1� O o' En �1 ;u) y f 4q ^Y a C LII fF c� °2 �agm 'j aS >i [a. CO L ng o N �; to ¢ ao n =� N N �p �o W� a f\ z a VI zl Ic1 IN 9 o C3 z .v � NJ I �I pU�j4;. I I w I I o .� o�ww I I OaQ I I AM � W� o0�-Q I I aopm r-�Iz I I goon 1 qQ[i�'O I I z OOH I I F•�� q0 I I z n8 �e o 0 � ci 0 m� i r ¢ ,V, 3NnHXVIN ,8, 3NnHO1bW Z LWT' Y B a,: b ENGINEERING INC C Avon S(tainn, P.E. Ft. PF -0 72460 b i + PROJECT NAME: Rails To Trails 1.4 Me Extension of historic Trans -Florida Rail Trait (Unit Costs Obtained from MOT Item Average Unit Cost Tables From 2021/05/01 to 2022104/30 - Markert Area 11) 77.. Ergirorr he— —u w.vac A. mr.'.f taArYr, ar.rcttaM rgeipiaost ar.cr = fxrn/tkre h; -,A—, rt eve' A, CaeavcWtIt nrrtbada rf dansrlRirep pncaa, e,.— caraprtltive Aidk-r or Dpud.- oe p-babia —1 M—v d.d 't—in in t dna to Mr lryforwnann k-- ar Li. Ene.— m this titre .•xd rrprr , ..f U.r F.FR'Ineo": /rdR+Re^t ar E drgp pr fj 'ivn.I .If.. Aar, .14th A, eansesraian L.dumy. 214 Ci_ —or "df,. nw (raras w &k propo-h' Aida, or .rnret car strodwn matt woo no! —y f on. 10 cpl"i.. f probable -'M PAY ITEM NO. DESCRIPTION UNLT U „Y II]in COST PROJECT COST ROADWAY PAY ITEMS 101-2 MOB11.1ZATION LS 1 S 30,000.00 S 30,000.00 102-1 MAINTENANCE OFTRAFFIC LS 1 S 10,000.00 S 10,000.00 1041 ARTIFICIAL COVERINGS! EROSION CONTROL ABATEMENT PRODUCTS SY 8,150 S 5.00 1 40,750.00 104-10-3 1 SEDIMENT BARRIER U, 14,800 $ 2.32 S 34,33CD0 104-I5 SOIL TP.ACKING PREVENTION DEVICE EA 2 S 5.O00.00 I 10,0x.00 110-1-I CLEARING AND GRUBBING AC 1 4.50 S 18,640.00 S 83,880.00 120-I REGULAR EXCAVATION CY 450 $ 7,14 1 S 3,213.00 120.6 EMBANKMENT CY 2,650 $ 14.42 S 38,213.00 160-4 TYPE B STABILIZATION 12" (LBR-40) SY 13,000 $ 845 S 109,850.00 285-704 OPTIONAL BASE GROUP 4 (6" CEMENTED COQUINA) (LBR 100) SY 10,250 $ 15.00 S 153, 750.00 285-706 OPTIONAL BASE GROUP 6 (8r CEMENTED COQUINA) (LBK I00) SY 300 S 15.44 S 4,63200 334-1-12 SUFERPAVE ASPHALT CONCRETE, TRAFFIC B (TYPE SP -9.5, 1.5') TN 790 S 147.47 S 116501.30 3341-13 SUPERPAVE ASPHALT CONRETE TRAFFIC C (TYPE SP -9.5, 1-) (FPL EASEMENT AREA) TN 14 S 102.44 S 1,434,16 334-1-13 SUPERFAVE ASPHALT CONRETE TRAFFIC C (TYPE SP -I25, 1.5r) (FPL EASEMENT AREA) TN 21 S 102.44 S 2,151.24 430-175.115 PIPE CULVERT, OPTIONAL MATEP.IAI, ROUND, 15- SICD (RCP) LF 24 S 236.87 S 5,684.88 430-175-124 PTFE CULVERT, OPTIONAL M.ATERIA1, ROUND, 240 SICD (RCP) IF so S 11953 S 9,562.4=) 430-175.224 PIPE CULVERT, OPTIONAL 62ATER.IAL, Ron -m, 19-oo- S/CD (ERCP) 1F 40 S 141.82 1 5,672.80 570-1-2 PERFORMANCE TURF, SOD (MATCH EXISTING) SY 1 6,450 5 332 S 21,414 00 700-1-11 SCRUB JAY TRAIL SIGNAGE (iNSTAUATION ONLY) AS 2 $ 458,23 S 916.44 700-1-11 SINGLE OST SIGN, UP TO 12 SF AS 2 S 458.23 S 916.46 519-78 BOLLARDS (COLLAPSIBLE) EA 4 S 1,500.00 S 6,000.00 ROADWAY PAY ITEMS SUBTOTAL S 6K1177.70 7 i44BOLs - L m . SVw DA = Deg LF s Ltoear Foot '°`" t t EA • tatb AS = Anembl; STAGE OF IMPROF''EME.N-FS SUBTOTAL S 666,677.70 20`i. CONTINGENCY S 137,775.54 04FROVENTENTS TOTAL S 626,ES3-24 AC . Acre SY d SquareYard CY . Cubk Yard TN = Too G`ki k Groes hfik PI � Par iatenxtiaa Page 1 M1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Amendment No. 3 — FDEP Grant Agreement No. 171R2 (Wabasso Beach Restoration Project (Sector 3)) DATE: December 12, 2022 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2016/2017 funding to assist eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program. On February 26, 2018, FDEP entered into Local Government Funding Request (LGFR) Grant Agreement No. 171R2 with Indian River County; committing up to $250,000, at a cost share ratio of 50% State - 50% Local, for permit -required construction related monitoring of the Sector 3 Beach and Dune Restoration Project. On June 22, 2018, Grant Agreement 171R2 was amended by the FDEP to increase amount of funding by $643,102.60 (at a cost share ratio of 50% State - 50% Local) as a result of unused funds from a prior LGFR grant issued to the County for Sector 3 Beach and Dune repairs (LGFR 141R2). Amendment No. 1 increased the total eligible grant project costs under LGFR 171R2 to $893,102.60 at a cost share ratio of 50% State — 50% Local. On May 4, 2021, in response to a request from the County to FDEP for an extension to the Task End Dates identified in the original agreement and Amendment No. 1, FDEP issued Amendment No. 2 to Grant 171R2. Amendment No. 2 maintained the same funding levels, but extended the Task End Dates through to September 30, 2022, reflecting a twenty (20) month extension. In granting this initial extension amendment, the FDEP considered the size and complexity of the Sector 3 project as well as the need to split up construction over two (2) construction seasons in order to grant the extension. On July 29, 2022, County staff requested the FDEP issue another extension to the terms of Grant 171R2. Construction of the Sector 3 Beach and Dune Restoration project was completed in March of 2022, but due to on-going discussions with Federal Emergency Management Agency (FEMA) and Florida Division of Emergency Management (FDEM) representatives, the final non -Federal costs associated with the project have not yet been determined. FDEP Grant 171R2 identifies a cost share between the State and County of non -Federally reimbursed expenses, the Federal reimbursement strategy must first be finalized. Amendment No. 3 maintains the same funding total in Grant 171R2 and also extends the Task End Dates through to June 30, 2023, reflecting a nine (9) month extension to the deadlines for 93 FDEP Grant Agreement 171R2 Amendment No. 3 December 20, 2022 BCC Meeting the completion of all tasks and submittal of deliverables. The FDEP granted extension is anticipated to allow time for all agencies making funds available for the County's Sector 3 Beach and Dune Project to agree on their respective allocations, thus allowing for the County to cost - share the non-federal costs under this grant. The attached amendment maintains FDEP's commitment of up to $446,551.30 in cost -share funding to the County's local cost share of up to $446,551.30, totaling up to $893,102.60 for monitoring and design related expenses for the County's Sector 3 Beach and Dune Restoration Project. FUNDING Funding for construction related activities was performed under the Sector 3 Beach and Dune Restoration Project Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricanes Matthew, Irma and Dorian, Account # 12814472-066514-17001 and includes anticipated funding from the Local Option Tourist Tax Revenue, FEMA Project Worksheets, and Local Government Funding Request Grant 171R2 reimbursements. Account Name I Account Number Budgeted Amount Sector 3 Beach and Dune Restoration Fund 1 12814472-066514-17001 $446,551.30 RECOMMENDATION Staff recommends the Board approve FDEP Amendment No. 3 to FDEP LGFR Grant Agreement No. 171R2 for up to $446,551.30 and authorize the Chairman to sign the Amendment on behalf of the County. Following Board approval, the County will transmit the partially executed Amendment to the State for final signatures. Upon receipt of the fully executed FDEP Grant Agreement 171R2 Amendment No. 3 from the State, staff will transmit to the Clerk to the Board of County Commissioners for filing. ATTACHMENTS Amendment No 3-FDEP Grant Agreement 171R2 APPROVED AGENDA ITEM FOR: December 20, 2022 AMENDMENT NO.3 TO AGREEMENT NO. 17IR2 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY This Amendment to Agreement No. 171R2, as previously amended, (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County, 1801 27th Street, Building A, Vero Beach, FL 32960 (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for the Wabasso (Indian River Sector 3) Beach Restoration effective February 26, 2018; WHEREAS, the parties wish to amend the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: 1) The Agreement is extended for a 12 -month period to begin January 1, 2023, and remain in effect until December 31, 2023. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 2) Attachment 3-B, Second Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3- C, Third Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3-B, Second Revised Grant Work Plan, shall hereinafter refer to Attachment 3-C, Third Revised Grant Work Plan. 3) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Indian River County By: Title: Date: Florida Department of Environmental Protection Secretary or Designee Date: LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Type Letter/Number Description Attachment 3-C Third Revised Grant Work Plan (3 pages) Agreement No.: 17M Amendment No.: 3 1 of 1 Rev. 3/1/2022 95 ATTACHMENT 3-C THIRD REVISED GRANT WORK PLAN PROJECT TITLE: Wabasso (Indian River Sector 3) Beach Restoration PROJECT LOCATION: The Project is located between Department of Environmental Protection (DEP) reference monuments R20 and R51.3 along the Atlantic Ocean in Indian River County. PROJECT BACKGROUND: The Wabasso (Indian River Sector 3) Beach Restoration project consists of restoration of approximately 6.1 miles of shoreline between DEP Monuments R20 and R51.3 in Indian River County. Phase I of the construction was completed in 2010 and Phase II was completed in 2012. Due to damages sustained during Hurricane Sandy minor emergency repairs were constructed in 2012 and a full storm repair project was constructed in the winter of 2014/2015. Sector 3 was impacted from Hurricanes Matthew (2016) and Irma (2017) necessitating additional design and permitting for the repair of the entire project area. The local sponsor is working with FEMA and DEM to prepare the reimbursement request. PROJECT DESCRIPTION: The project consists of permit required monitoring and design. PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $446,551.30 for this Project or up to 50 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, F.A.C. The Grantee will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statutes (F.S.). Pursuant to Sections 161.091 - 161.161, F.S, the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program; and Pursuant to 62B -36.005(1)(d), Florida Administrative Code (F.A.C.), the Grantee has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved Scope of Work for an eligible Project item. The monitoring standards may be found at: http://www.dei).state.fl.uslbeaches/publications/pdflPhysicalMonitoringStandards.pdf. One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. DEP Agreement No. 17IR2, Amendment 3, Attachment 3-C, Page 1 of 3 96 Acronyms: DEP or FDEP — Florida Department of Environmental Protection F.A.C. — Florida Administrative Code F.S. — Florida Statutes FWC — Florida Fish and Wildlife Conservation Commission TASKS and DELIVERABLES: For all tasks identified below, the Local Sponsor will provide detailed scopes of work or a letter requesting advance payment, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Monitoring State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with section. 287.057(17)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction environmental monitoring services, or when the Project engineering consultant firm subcontracts for post - construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit -required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task, unless otherwise directed. Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under this task description. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. DEP Agreement No. 17IR2, Amendment 3, Attachment 3-C, Page 2 of 3 97 Task 2: Design Task Description: The Local Sponsor will acquire professional services for the engineering and design of the Project such as coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental permits and other Project -related authorizations. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion including documentation of submittal affirming that the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task No. State Budget Category Budget Amount Task Start Date Task # Eligible Project Tasks Cost DEP Local Total 01/01/2018 Share 2 Design Contractual Services $326,089.40 01/01/2018 06/30/2023 Total: $446,551.30 1 Monitoring 50.00% $120,461.90 $120,461.90 $240,923.80 2 Design 50.00% $326,089.40 $326,089.40 $652,178.80 COSTS $446,551.30 $446,551.30 $893,102.60 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task No. Task Title Budget Category Budget Amount Task Start Date Deliverable Due Date I Monitoring Contractual Services $120,461.90 01/01/2018 06/30/2023 2 Design Contractual Services $326,089.40 01/01/2018 06/30/2023 Total: $446,551.30 DEP Agreement No. 17182, Amendment 3, Attachment 3-C, Page 3 of 3 98 December 15, 2022 Leslie R. Swan Indian River County Supervisor of Elections The Honorable Joe Earman Chairman, Board of County Commissioners Indian River County 1801 271h Street, Building A Vero Beach FL 32960 Dear Chairman Earman: FM Arm, VoteIndianRiver.zov 4375 431-d Avenue Vero Beach, FL 32967 772-226-4700 The Indian River County Supervisor of Elections was recently notified that our office is eligible for an Election Security Enhancement Grant. The grant covers the subscription for Albert Network Monitoring, Voting Technology Upgrades or Enhancements and/or for Improving Voting Accessibility. There are no matching funds required in order to receive this grant. In order to qualify for the grant funds, Attachment B of MOA 2022-23.e.es.100.030 must be signed by the Chairman of the Indian River County Board of County Commissioners. I have provided this document for Chairman Earman's signature. The grant funds will be used to cover the cost for one year of our Albert Network Monitoring and to upgrade a portion of our EViD electronic poll books that are reaching their end of life. Kindest regards, Leslie R. Swan Yv\ Supervisor of Elections ATTACHMENT B of MOA 2022-23.e.es.100. Certification of Outstanding Federal Grant Funds for Use of Funds for Subscription to Albert Network Monitoring, Voting Technology Upgrades or Enhancements or for Improving Voting Accessibility We, Leslie R. Swan, Supervisor of Elections and Joe Earman Chairperson of Board of County Commissioners, of Indian River County, Florida, do hereby certify that the county (check applicable statement): / Have no outstanding federal funds awarded including interest earned under previous years from the Florida Department of State under the Help America Vote Act since 2002. Accounts have been closed and balance and final expenditures reports have been submitted. Have outstanding federal funds awarded including interest earned under previous years under the Help America Vote Act since 2002 that cannot be used for voting technology upgrades or enhancements (e.g., voting equipment, high-speed ballot and envelope printers, ballot -on -demand printers, poll books, ballot -on -demand, electronic poll books, certified automated post-election voting system audit systems and recounts, and other peripherals.) or to improve voting accessibility (e.g., dvoting accessiblility (e.g., accessible voting equipment, accessible vote -by -mail systems or services, polling place accessibility, and other accessible election technology, solutions, and assistive tools) within grant period. Have outstanding federal funds awarded including interest earned under previous years under the Help America Vote Act since 2002 for which funds can be used for one or more purposes herein and will be applied first and fully prior to use of funds under this Grant to purchase or reimburse for voting technology upgrades or enhancements (e.g., certified voting equipment, high-speed ballot and envelope printers, ballot -on -demand printers, poll books, ballot -on -demand, electronic poll books, approved automated post-election voting system audit systems, approved independent recount tabulation system, and other peripherals.) or to improve voting accessibility (e.g., dvoting accessiblility (e.g., accessible voting equipment, accessible vote -by -mail systems or services, polling place accessibility, and other accessible election technology, solutions, and assistive tools) within grant period- Grant/FY Grant/FY Grant/FY Grant/FY Amount to be applied: Amount to be applied: Amount to be applied: Amount to be applied: Supervisor of Elections Chairman, Board of County Commissioners Date: DS -DE 800 (11/2022) Date: 100 Indian River County Supervisor of Elections Proposed Trade in EViD Units - 61 total i 2.10.2 2 j fin. I . A A BC 1 EViD Serial # Asset Tag # 2 1 CE49-14800034 27888 3 2 3 CE49-14900163 27926 27890 4 CE49-14800036 5 4 CE49-14800088 27872 6 7 s 6 7 s CE49-14800057 CE49-14900138 27863 27847 27846 27862 8 CE49-14900135 9 CE49-14800052 10 9 CE49-14900088 27876 11 10 CE49-14800024 27883 12 11 CE49-14900098 27879 13 12 CE49-14800081 27869 14 13 CE49-14900095 27877 15 14 CE49-14800080 27868 16 15 CE49-14900134 27845 17 16 CE49-14900164 -- 27927 18 17 18 CE49-14900087 27875 19 CE49-14900115 27842 20 19 CE49-14800037 27891 21 20 CE49-14900123 27844 22 21 CE49-14800084 CE49-14800043 27871 23 22 27892 24 23 CE49-14800027 27884 25 24 CE49-14800075 CE49-14800031 27866 26 25 27886 27 26 CE49-14900148 27920 28 27 28 29 CE49-14800046 27860 27874 27861 29 CE49-14800118 30 CE49-14800047 31 30 CE00-14200463 27881 [32] 31 CE49-14900096 27878 i 2.10.2 2 j fin. I . A Indian River County Supervisor of Elections Proposed Trade in EViD Units - 61 total ICO --2, A B C 33 32 CE49-14800032 27887 34 33 CE49-14800083 27870 35 34 CE49-14800035 27889 36 35 CE49-14800113 27873 37 36 CE49-14900160 27923 38 37 CE49-14900112 27841 39 38 CE49-14900108 27840 40 39 CE49-14800077 27867 41 40 CE49-14800065 27865 42 41 CE49-14800029 27885 43 42 CE49-14800058 27864 44 43 CE00-14100882 27880 45 44 CE49-14800023 27882 46 45 CE49-14900154 27849 47 46 CE49-14900133 27922 48 47 CE49-14900161 27924 49 48 CE49-14900116 27850 50 49 CE49-14900128 27925 51 50 CE49-14900162 27851 52 51 CE49-14900127 27921 53 52 CE49-14900149 27848 54 53 CE49-14900091 27955 55 54 CE49-14900137 27928 56 55 CE49-14900118 27843 57 56 CE49-14900125 28900 58 57 CE49-14900111 27946 59 58 CE49-14900064 27952 60 59 CE49-14900086 27853 61 60 CE49-14900109 27950 62 61 CE49-14900076 27956 ICO --2, /6AJ Public Hearing Indian River County, Florida Department of Utility Services Board Memorandum Date: November 21, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utilities Prepared By: Cindy Corrente, Utility Finance Manager Subject: Public Hearing to Consider a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non -Ad Valorem Assessments for the North County Water and Sewer Project — Phase 2 On December 6, 2022, the Board of County Commissioners (BCC) announced that they would hold a Public Hearing on Tuesday, December 20, 2022, at 9:05 am, or as soon thereafter as the matter may be heard, to consider adoption of a resolution electing to use the uniform method for the levy, collection, and enforcement of non -ad valorem assessments, pursuant to Florida Statute §197.3632 to recover the costs of the water portion of the North County Water and Sewer Project — Phase 2. The assessment includes 161 homes within the six parcels identified in the attached resolution. As part of the process under section 197.3632, Florida Statutes, the BCC will conduct two public hearings. At this first public hearing, the BCC will consider adopting the attached resolution in which the BCC intends to use the uniform method of collecting the non -ad valorem assessments found in Florida Statute §197.3632. Per statute, notice of the public hearing has been advertised for the past four consecutive weeks. If the resolution is approved, staff will send a first-class letter and a copy of the resolution to each property owner in the assessment area, advising them of the second public hearing and providing them with a copy of the proposed ordinance. Additionally, the BCC will need to enter into an agreement with the Tax Collector and Property Appraiser reimbursing the Constitutional Officers for the costs incurred in the collection of the assessment. Attached is a draft agreement that is based upon a prior agreement approved by the parties in 2021. Recommendation: The Indian River County Department of Utility Services recommends that after the public hearing, the Board of County Commissioners vote to approve the draft resolution and the draft agreement with the Tax Collector and Property Appraiser. Attachments: Resolution 2022 -XXX Draft Agreement F:\Uti1ities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\122022 BCC Agenda Items\Hearing\Agenda Public Hearing Cty special assessment.docx RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON AD VALOREM ASSESSMENTS PURSUANT TO FLORIDA STATUTE 197.3632 TO RECOVER THE COSTS OF THE WATER PORTION OF THE NORTH COUNTY WATER AND SEWER PROJECT — PHASE 2. WHEREAS, Board of County Commissioners of Indian River County is considering imposition of non ad valorem assessments to pay for the cost of the water portion of the North County Water and Sewer Project — Phase 2; and WHEREAS, section 197.3632(3)(x), Florida Statutes requires the Board of County Commissioners to adopt a resolution at a public hearing clearly stating its intent to use the uniform method of collecting such assessment; stating the need for the levy; and including a legal description of the boundaries of the property; and requiring that the local governing board shall send a copy of the resolution by United States Mail to the Property Appraiser, Tax Collector and the Department of Revenue by January 10th of this year; and WHEREAS, a notice of intent to adopt this resolution electing to use the uniform method for collecting the assessment has been published for four consecutive weeks preceding this public hearing in the Indian River Press Journal. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows: 1. The Indian River County Board of County Commissioners ("Board") hereby elects to utilize the uniform method for levy, collection, and enforcement of non 1 102 ad valorem assessments as set out in section 197.3632, Florida Statutes for the water portion of the North County Water and Sewer Project — Phase 2. 2. The levy of the assessment is needed because the North County Water and Sewer Project — Phase 2 will further the health, safety and well-being of all those residing and owning property within the boundaries of the areas to be served. The benefited area is an area within unincorporated Indian River County that is currently served by wells and septic tanks. The property included within the water portion of the North County Water and Sewer Project — Phase 2 is described as: LEGAL DESCRIPTION: NORTH COUNTY WATER/SEWER PROJECT PHASE 2 BEING A PORTION OF THOSE LANDS LYING IN SECTION 21 OF THE FLEMING GRANT AND SECTION 25, TOWNSHIP 30 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE TOWNSITE PLAT OF ROSELAND, FLORIDA AS RECORDED IN PLAT BOOK 1, PAGE 43 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA (NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA) AND THE CENTERLINE OF A 16 FOOT WIDE ALLEY LYING UPON BLOCK 6 OF SAID PLAT; THENCE RUN NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE TO THE INTERSECTION OF SAID SOUTHWESTERLY LINE AND THE CENTERLINE OF THE 16 FOOT WIDE ALLEY THAT LIES UPON BLOCK 5, OF THE AFORESAID PLAT; THENCE DEPARTING SAID SOUTHWESTERLY LINE, RUN NORTHEASTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE AND THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF LOT 9, BLOCK 5 OF SAID PLAT; THENCE DEPARTING SAID CENTERLINE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 9 AND THE NORTHWESTERLY EXTENSION THEREOF, TO THE EAST CORNER OF SAID LOT 9; THENCE SOUTHEASTERLY TO A POINT ON THE NORTHWESTERLY LINE OF LOT 2, BLOCK 6, OF SAID PLAT, SAID POINT LYING 15 FEET SOUTHWESTERLY OF THE NORTH CORNER OF LOT 2; THENCE RUN SOUTHEASTERLY ALONG A LINE LYING 15 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 2, TO THE INTERSECTION OF SAID LINE AND THE SOUTHEASTERLY EXTENSION THEREOF AND THE CENTERLINE OF THE 16 FOOT WIDE ALLEY THAT LIES UPON BLOCK 6 OF SAID PLAT; THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. TOGETHER WITH: 2 103 PARCEL 2: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT OF WAY LINE OF 129TH STREET (DALE STREET PER TOWNSITE PLAT OF ROSELAND, FLORIDA) AND THE CENTERLINE OF THE ALLEY LYING UPON BLOCK 8, OF THE AFORESAID TOWNSITE PLAT OF ROSELAND, FLORIDA; THENCE RUN NORTHWESTERLY, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE TO A POINT ON THE MEAN HIGH WATER LINE OF THE ST. SEBASTIAN RIVER; THENCE DEPARTING SAID NORTHEASTERLY RIGHT OF WAY LINE, RUN NORTHEASTERLY ALONG SAID MEAN HIGH WATER LINE, TO THE NORTH CORNER OF LOT 1, BLOCK B1 OF SAID PLAT; THENCE DEPARTING SAID MEAN HIGH WATER LINE, RUN SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID BLOCK B1 TO THE EAST CORNER OF SAID LOT 1; THENCE DEPARTING SAID NORTHEASTERLY LINE, RUN SOUTHERLY TO THE NORTH CORNER OF LOT 1, BLOCK B2 OF SAID PLAT; THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID BLOCK B2 TO THE MOST EASTERLY CORNER OF LOT 5, BLOCK B2 OF SAID PLAT, SAID POINT ALSO LYING ON THE NORTHERLY RIGHT OF WAY LINE OF 82ND COURT (BERRY AVENUE PER SAID PLAT); THENCE DEPARTING SAID NORTHEASTERLY LINE, RUN SOUTHWESTERLY ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID 8210 COURT, TO THE MOST EASTERLY CORNER OF LOT 10, BLOCK 1, OF SAID PLAT; THENCE DEPARTING SAID NORTHWESTERLY RIGHT OF WAY LINE, RUN SOUTHEASTERLY TO THE NORTH CORNER OF LOT 1, BLOCK 10, OF SAID PLAT; THENCE RUN SOUTHEASTERLY, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF 130TH STREET (GIBSON STREET PER PLAT) TO THE INTERSECTION OF SAID RIGHT OF WAY LINE AND THE CENTERLINE OF THE 16 FOOT WIDE ALLEY LYING UPON BLOCK 10 OF SAID PLAT; THENCE DEPARTING SAID SOUTHWESTERLY RIGHT OF WAY LINE, RUN SOUTHWESTERLY ALONG SAID CENTERLINE AND THE SOUTHWESTERLY EXTENSION THEREOF TO THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF 129TH PLACE (BAIRD STREET PER PLAT) AND THE CENTERLINE OF THE 16 FOOT WIDE ALLEY LYING UPON BLOCK 9 OF SAID PLAT; THENCE RUN SOUTHWESTERLY ALONG SAID CENTERLINE AND THE SOUTHWESTERLY EXTENSION THEREOF, TO THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF 129TH COURT (JOSIE STREET PER PLAT) AND THE CENTERLINE OF THE 16 FOOT WIDE ALLEY LYING UPON BLOCK 8 OF SAID PLAT; THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL 3: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF 133RD COURT (CENTRE AVENUE PER PLAT) AS SHOWN ON THE PLAT OF WAUREGAN, AS RECORDED IN BREVARD COUNTY PLAT BOOK 1, PAGE 178 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA (NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA); THENCE RUN NORTHWESTERLY, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, TO A POINT ON THE MEAN HIGH WATER LINE OF THE ST. SEBASTIAN RIVER, SAID POINT ALSO LYING UPON THE NORTHERLY LINE OF THE LOT LABELED AS RESERVED, LYING NORTHERLY OF BLOCK 4, PER SAID WAUREGAN PLAT; THENCE RUN NORTHEASTERLY, ALONG SAID MEAN HIGH WATER LINE, TO THE MOST NORTHERLY CORNER OF LOT 1 OF SAID WAUREGAN PLAT; THENCE DEPARTING SAID MEAN HIGH WATER LINE RUN SOUTHEASTERLY, ALONG 104 THE NORTHEASTERLY LINE OF SAID LOT 1, TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF 83RD AVENUE (BAY STREET PER PLAT); THENCE RUN SOUTHWESTERLY, ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, TO THE SOUTH CORNER OF LOT 5 OF SAID WAUREGAN PLAT; THENCE DEPARTING SAID NORTHWESTERLY RIGHT OF WAY LINE, RUN SOUTHEASTERLY TO THE NORTH CORNER OF LOT 1, BLOCK 1 OF SAID WAUREGAN PLAT; THENCE RUN SOUTHEASTERLY, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF 135TH STREET (WAUREGAN AVENUE PER PLAT), TO THE EAST CORNER OF THE NORTHEASTERLY ONE-HALF OF LOT 5, BLOCK 16 OF SAID WAUREGAN PLAT; THENCE DEPARTING SAID SOUTHWESTERLY RIGHT OF WAY LINE, RUN SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF THE NORTHEASTERLY ONE-HALF OF SAID LOT 5, TO THE SOUTH CORNER OF THE NORTHEASTERLY ONE-HALF OF SAID LOT 5; THENCE RUN NORTHWESTERLY, ALONG THE NORTHEASTERLY LINE OF LOT 8, LOT 9 AND LOT 10, BLOCK 16 OF SAID PLAT, TO A POINT 15 FEET NORTHWESTERLY OF THE NORTH CORNER OF LOT 9, BLOCK 16, OF SAID WAUREGAN PLAT; THENCE RUN SOUTHWESTERLY, ALONG A LINE 15 FEET NORTHWESTERLY OF AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID 9, TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF 134TH STREET (BREVARD AVENUE PER PLAT); THENCE RUN SOUTHERLY TO THE EAST CORNER OF LOT 4, BLOCK 15, OF SAID WAUREGAN PLAT, SAID POINT LYING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF 134TH STREET; THENCE RUN SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 4, TO THE SOUTH CORNER OF SAID LOT 4; THENCE RUN SOUTHEASTERLY TO THE NORTH CORNER OF THE NORTHWEST ONE-HALF OF LOT 7, BLOCK 15; THENCE RUN SOUTHWESTERLY, ALONG THE SOUTH LINE OF THE NORTHWESTERLY ONE-HALF OF SAID LOT 7, TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF 133RD PLACE (MANATEE AVENUE PER PLAT); THENCE RUN WESTERLY TO THE EAST CORNER OF LOT 5, BLOCK 14, OF SAID WAUREGAN PLAT; THENCE RUN SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 5, TO THE SOUTH CORNER OF SAID LOT 5; THENCE RUN NORTHWESTERLY, ALONG THE NORTHEASTERLY LINE OF LOT 8 AND LOT 9, BLOCK 14, OF SAID WAUREGAN PLAT, TO THE NORTH CORNER OF SAID LOT 9; THENCE RUN SOUTHWESTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 9, TO THE WEST CORNER OF SAID LOT 9; THENCE RUN SOUTHEASTERLY TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL 4: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6, BLOCK K OF THE PLAT OF ERCILDOUNE HEIGHTS SUBDIVISION No. 2, AS RECORDED IN PLAT BOOK 4, PAGE 5 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN WESTERLY, ALONG THE SOUTH LINE OF SAID LOT 6, TO A POINT ON THE NORTHEASTERLY LINE OF LOT 1 OF THE AFORESAID WAUREGAN PLAT; THENCE RUN NORTHWESTERLY, ALONG THE WESTERLY LINE OF THE AFORESAID ERCILDOUNE HEIGHTS SUBDIVISION No. 2 PLAT, TO THE MEAN HIGH WATER LINE OF THE ST. SEBASTIAN RIVER; THENCE RUN NORTHERLY, ALONG SAID MEAN HIGH WATER LINE, TO THE NORTHWEST CORNER OF LOT 16, BLOCK A OF SAID PLAT; THENCE CONTINUE NORTHERLY, ALONG SAID MEAN HIGH WATER LINE, TO THE NORTHWEST CORNER OF LOT 15, BLOCK A OF THE PLAT OF ERICILDOUNE HEIGHTS SUBDIVISION No. 1, AS RECORDED IN PLAT BOOK 3, PAGE 74 OF THE PUBLIC RECORDS OF INDIAN 4 105 RIVER COUNTY, FLORIDA; THENCE DEPARTING SAID MEAN HIGH WATER LINE, RUN EASTERLY ALONG THE NORTH LINE OF SAID LOT 15, TO THE NORTHEAST CONRER OF SAID LOT 15, SAID POINT LYING ON THE WEST RIGHT OF WAY LINE OF 80TH AVENUE (SUNSET BOULEVARD PER PLAT); THENCE RUN NORTHEASTERLY TO THE NORTHWEST CORNER OF LOT 3, BLOCK B, OF SAID PLAT, SAID POINT LYING ON THE EAST RIGHT OF WAY LINE OF 80TH AVENUE (SUNSET BOULEVARD PER PLAT); THENCE RUN EASTERLY, ALONG THE NORTH LINE OF LOT 3 AND LOT 4, BLOCK B, OF SAID PLAT, TO THE NORTHEAST CORNER OF SAID LOT 4, SAID POINT ALSO LYING ON THE WEST RIGHT OF WAY LINE OF 78TH AVENUE (BEVERLY ROAD PER PLAT); THENCE RUN SOUTHERLY, ALONG SAID WEST RIGHT OF WAY LINE TO THE SOUTHEAST CORNER OF LOT 4 OF SAID PLAT; THENCE CONTINUE SOUTHEASTERLY, TO THE SOUTHEAST CORNER OF LOT 10, BLOCK B, OF THE AFORESAID PLAT OF ERCILDOUNE HEIGHTS SUBDIVISION No. 2; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, RUN SOUTHEASTERLY TO THE POINT OF INTERSECTION OF THE CURVE CONCAVE SOUTHWESTERLY, LYING UPON LOT 3, BLOCK F OF SAID PLAT; THENCE RUN SOUTHWESTERLY, ALONG THE TANGENT OF SAID CURVE AND THE WESTERLY RIGHT OF WAY LINE OF 142ND WAY (PALM LANE PER PLAT), TO THE SOUTH CORNER OF LOT 4, OF SAID PLAT; THENCE RUN SOUTHERLY TO THE NORTHEAST CORNER OF LOT 6, BLOCK G OF SAID PLAT; THENCE RUN SOUTH, ALONG THE WEST RIGHT OF WAY LINE OF 79TH AVENUE (PALM LANE PER PLAT), TO THE SOUTHEAST CORNER OF LOT 7, BLOCK H, OF SAID PLAT; THENCE RUN WEST, ALONG THE SOUTH LINE OF SAID BLOCK H, SAID LINE ALSO BEING THE NORTH RIGHT OF WAY LINE OF 140TH STREET (OAK LANE PER PLAT) TO THE SOUTHWEST CORNER OF LOT 12, BLOCK H, OF SAID PLAT; THENCE RUN SOUTHWESTERLY TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL 5: BEGINNING AT THE NORTH CORNER OF LOT 1, BLOCK A OF THE PLAT OF RIVER TREES, AS RECORDED IN PLAT BOOK 9, PAGE 24 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID BLOCK A, TO THE POINT ON THE NORTHEASTERLY LINE OF LOT 5, BLOCK A OF SAID PLAT; THENCE RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 5, TO THE NORTH CORNER OF SAID LOT 5; THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 5, TO THE EAST CORNER OF SAID LOT 5; THENCE RUN SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 5, TO THE NORTH CORNER OF LOT 6, BLOCK A OF SAID PLAT; THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 6, TO THE EAST CORNER OF SAID LOT 6; THENCE RUN SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, TO THE NORTH CORNER OF LOT 7, BLOCK A, OF SAID PLAT; THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 7, TO THE EAST CORNER OF SAID LOT 7; THENCE RUN SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 7 AND THE SOUTHEASTERLY LINE OF LOT 6, BLOCK B OF SAID PLAT, TO THE SOUTH CORNER OF SAID LOT 6; THENCE RUN NORTHWESTERLY, ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK B, TO THE WEST CORNER OF LOT 2, BLOCK B, OF SAID PLAT; THENCE RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, TO THE NORTH CORNER OF SAID LOT 2; THENCE RUN NORTHWESTERLY, TO THE WEST CORNER OF THE AFORESAID LOT 1, BLOCK A; 5 106 THENCE RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, SAID LINE ALSO BEING THE SOUTHEASTERLY RIGHT OF WAY LINE OF BAY STREET TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL 6: BEGINNING AT THE EAST CORNER, LOT 5, BLOCK A OF SAID PLAT OF RIVER TREES, AS RECORDED IN PLAT BOOK 9, PAGE 24 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF PARCEL TWO, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3334, PAGE 820, SAID LINE ALSO BEING THE SOUTHEASTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2308, PAGE 1466, BOTH PARCELS BEING RECORDED IN THE PUBLIC REOCRDS OF INDIAN RIVER COUNTY, FLORIDA, TO A POINT ON THE MEAN HIGH WATER LINE OF THE INDIAN RIVER; THENCE RUN SOUTHEASTERLY, ALONG SAID MEAN HIGH WATER LINE, TO THE MOST NORTHERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3271, PAGE 1421, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTHWESTERLY, ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, SAID LINE ALSO BEING THE SOUTHEASTERLY LINE OF THE AFORESAID PARCEL TWO AS DESCRIBED IN OFFICIAL RECORDS BOOK 3334, PAGE 820, TO THE EAST CORNER OF LOT 6, BLOCK A OF SAID PLAT OF RIVER TREES; THENCE RUN NORTHWESTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 6, TO THE NORTH CORNER OF SAID LOT 6; THENCE RUN NORTHEASTERLY, ALONG THE SOUTHEASTERLY LINE OF THE AFORESAID LOT 5, TO THE POINT OF BEGINNING. ALL LYING IN INDIAN RIVER COUNTY, FLORIDA. and as depicted below: 6 107 7 108 NORTH COUNTY WATER/ SEWER PROJECT PHASE 2 WATER ASSESSMENT PROJECT A PORTION OF TOWNSITE PLAT OF ROSELAND Legend Parcel -1 Parcel 2 (rf) River Front (rrf) Railroad Front 5 8 Parcel 1 e 82 5 Parcels 1 *2 $ 109 NORTH COUNTY WATER / SEWER PROJECT PHASE 2 WATER ASSESSMENT PROJECT A PORTION OF PLAT OF WAUREGAN ON FLEMING GRANT Legend ® Parcel 3 V 1 3305 83 13405 15 13545b a 8301 133413425 \ 7� S� 13333 y 13350 8280 8255 p 13331 8275 G 13329 8235 13328 82fi•8240 3325 �8282� 8` 8285 255 �J� 8235,\ 320 8289 8250 8282 �'�< 8240 275, 8245 o ��u' 8240 8225 EN Parcel 3 9 110 I NORTH COUNTY WATER ! SEWER PROJECT PHASE 2 WATER ASSESSMENT PROJECT A PORTION OF ERCILDOUNE HEIGHTS No. 1 & ALL OF ERCILDOUNE HEIGHTS No. 2 14365 !� 14370 -4 Legend �1 �Parcel4 = 14345 143 14360 � m 55 °' 14325 , Q S 14300 7800 14325 rn I. 14315 7840' 8060 I 7999 7989 QA G�Z 14265 14240 7880 ! 0- ���7` 8080 ^p 5 14195 14155 14125 Q 14095 14055 14025 142ND ST s 14190 8045 8035 8025 8005 I 8065 w 14150 8066 8046 8036 8026 8006 Q ; =I F; h I i 141 ST ST H 8065 8045 8035 8025 8005 1402f8066 8046 8036 8006 140TH ST - Parcel i NORTH COUNTY WATER SEWER / PROJECT PHASE 2 WATER ASSESSMENT PROJECT A PORTION OF RIVER TREE SUBDIVISION Legend ® Parcel 5 ®Parcel—6 13990 �O 13920 PARCEL 5 PARCEL 6 13890 13925 13860 y T . T2 13790' 13895 13820 S 2 N 13825 A� 13795 13700 13725 PARCEL 5 & 6 3. Upon adoption of this resolution, the Clerk to the Board is directed to mail a copy of this resolution by United States Mail to the Indian River County Property Appraiser, the Indian River County Tax Collector and the Department of Revenue by January 10, 2023. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Vice Chairman Commissioner Commissioner Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of December, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA z Chairman ATTEST: Jeffrey R. Smith, Circuit Court Approved: Clerk and Comptroller Deputy Clerk Approved as to Form and legal sufficiency Dylan Reingold County Attorney Jason E. Brown County Administrator 12 113 AGREEMENT FOR REIMBURSEMENT OF COSTS FOR NORTH COUNTY WATER AND SEWER PROJECT — PHASE 2 By this Agreement, the Board of County Commissioners of Indian River County agrees to reimburse the Indian River County Property Appraiser and the Indian River County Tax Collector for necessary administrative costs incurred by those Officers in utilizing the uniform method for the levy, collection, and enforcement of non -ad valorem assessments as provided in Florida State §197.3632. The Board of County Commissioners agrees to reimburse the Property Appraiser and Tax Collector for necessary administrative costs incurred in implementing assessments for the North County Water and Sewer Project — Phase 2, including, but not limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The Property Appraiser and Tax Collector agree annually to carry out their respective duties in utilizing the uniform method for the levy, collection, and enforcement of non -ad valorem assessments as set out in Florida Statute §197.3632 for the North County Water and Sewer Project — Phase 2. This Agreement shall be implemented upon the adoption by the Board of County Commissioners of the resolution clearly stating its intent to use the uniform method of collecting such assessment, which resolution states the need for the levy and includes a legal description of the boundaries of the real property subject to the levy. If the resolution is adopted, the local governing board will send a copy of it by United States Mail to the Property Appraiser and Tax 114 Collector and the Department of Revenue by January 10, 2023. AGREED TO on the date last entered below. ATTEST: Jeffrey R. Smith, Clerk of Courts and Comptroller By: Deputy Clerk Date: (SEAL) Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Date: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A Joseph H. Earman, Chairman Approved by BCC: By: Wesley W. Davis, Property Appraiser Indian River County Date: By: Carole Jean Jordan, Tax Collector Indian River County Date: Approved: By: Jason E. Brown, County Administrator Date: 115 Final Publication Date 12/13/2022 Ad Number GC10979305 Publication Indian River Press Journal Special Requests Case 02562755 Market Treasure Coast Delivery Method Email Number of Affidavits Needed 1 Customer Name Indian River County Attorneys Office Customer Phone Number (772) 226-1580 Account Number (If Known) 461741 Customer Email nwesterik@ircgov.com Your Name Kaylee Downing Email Address kdowning2@gannett.com 116 Treasure Coal Newspapers PART OF TH E USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER CO ATTORNEYS OFC 180127 TH ST VERO BEACH, FL 32960 ATTN NADIA WESTENIK STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement ; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 1112212022; 11/29/2022; 12/6/2022; 12/13/2022 Subscribed and sworn to before on December 6th, 2022 Notary, State of ' ounty o n My commis sio C..� 1�cq� Publication Cost: $5,040.00 Ad No: GC10979305 Customer No: 461741 PO#: PUBLIC NOTICE THIS IS NOT AN INVOICE NANCY HE RMAN Notary Public State Of Wisconsin 117 NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS iM -d H Co w, UmmHrbrals PI LWPn River COURR. AWMI OR, 1m101 t.ib, Drtrlk i M,KC. Wlc'W'1 b SMbn 19'.3C32TWL. FqY SOW;a, d At In".ed l0 WC Ik Am1an -How d edkakp-Z ra _ sPetLR F.wammam AT kvHM Nn pmiv:s d o t URL_" arca d t IU Cam',. TCC1 9 eM 1u'.. b U armed DeWWW Iv IAC eml tl P1wi]bp wa!N . 'np la lMCAmexYex NpmWO PF Ja rvt fi2]: ASSESSMENT MFI CMHn 1WIIaM W N st+ A`W w M k b HJ ,.M UeYalRDm FUT.MR YbtlN K1aU, k aa0NL creel. ,ftl bAn arc mMdt W to W II t 1k I'daG I. CROMECaaUORAORALmGH11a to RmI LOUAY P", EC -A Orya11nm4 Ddb IA:tO : h bhx. RWeA Canal MRRI4UOIMe DmDItA O O 4 A 1001 27Th Gatn,YttODcach,Tb10a EFMa, �T FACUTE;: Wa,a SNNtCs LEGAL DESCRIPTION. MATER F(Anom OF FINE A9RTx COUNTY WATERSE-NER FFK)JFCTFflA5E2 BEING A PORTION O THOSE LMOS MNG W SECTION 21 OF THE REWW GRIM AND SECTION 25, TUNUSNIP 30 SOWN, RANGE 36 EAST, IH;pA RNfF COUNTY fLMAk DOUG MORE PARTGWAIY DESCRIBED AS FOLLOWS: PARCELI: RECEIVING AT TME NERSECRON Of THE 3MIMYE51E4Y LM Of THE TOWPOSP E PLAT O ROSELAND, FLORIDA u RECOP.DEC W PUT BOOK I. PIG( 43 O THE PUBLIC AECINIM OF OT. LARGE COWRY; ROHM INAl7 LYNG WO am N THEAW RNER COUNTY FIOROV AND THE allK LNEOA 16 HUUI WIN, AUT EPRU GRIN mu" S OF SAV PUT; THENCE RAW NO IWBTEFEY ALONG SAD SOLTNNESTERLY LINE TO THE INTERSECTION O AN fiWI TER. UNE AND TIE CENTEAIE DFTHE IB FOOT WIDEAUEY RMT LES UPOI RUM 61 OF THE mmv PURE PEACE D"_"SAD 50 WMVESTRO LINE, NEW MORN6AQERY ALONG SAD CENTEOLRE TO THE HCTESECROP OF SAD CENTRALNE AND THE NNRiMARS1ERY EXTENSION OF THE ;ORFLY UNE OF LOT 9, BLOCK 5 O SAD PUH; PIERCE D(PARiR& SND aM "f 4PI SglitENTE . A DNG THE NORTICATEAY IM O SND LOT 9 AND TE NORTHWESTERLY FX DMMTRAf3, 70 TE EAST COPJER OF SAD LOT I. THENCE 'CANNERY TO A PWT ON THE RORTINES11.1 NINE OF LET 2, AUG. 6, OF SAID PLA, SAO PONT DING 15 FEET SOUTHWESTERLY OF THE ROPER COPPER O LDT 2: THENCE RUM Sou""As1EAT AdD A UNE LYING IS FEET SOUTHWESTERN` d AND PARALLEL WITH THE NOATH""TFAY LRE OF SAID LOT 2, TO TM NTERSECIBR DF SAID UNE AND MESOHIf1EASMY EATEJOON 1EEAWF AAO THE CERIELEDE OF THE 16 MOT WINE ALLEY TKAT Uta UAN ALUI,A b CFF YID NN; ..— MN SWTMNUTERX ALONG AD OMERWR TO TIE FONT OF BEGINNING. TOGETHERRATH. PARCEL L BEONNNG AT THE INTERMEMION OF THE MORRELASEEKY PONT OF WAY EWE OF 129TH STREET @ALE STREET PER TOWNSRE PUT GO, R05ELAFD. FLORIDA) AND THE ONIRLNR Of THE ALEY LYING UPON Mm I. O THE MORFSAD TDANmE FIAT OF ROSELAND. RONDO TIERCE RLI: ACRTHN VITTLY, ALONG $UO hOR11EA6TFar NIGHT OF WM LIE TO A PONT ON THE MEAN THIN WATER UE O TIE ET. SESLS ON AREA, MANCE DERAIDD SAID NORTHEASTERLY ROTE Of WAY LNE RUN NORTHEASTERLY AORG LAD MEAN HIGH WATER LINE, TO TM ND CORNEA O LCT 1, BE= BI d BAD W. THENCE SPADYD IND MEAN WE WATER INK, ANN SOUTEASHALY ALONG TINE NORTREMEALY LINE "AT BLG' D RI TO RARE EAST CORNER O SAO LOT L THENCE OEEWPTIIG SAID HOATHIEASRPU,LRT flUN SDWFERIYTOTEE NCRIN CORNERS UTI, 6LDCK DI O SAD PLAt PENCE ROI SORNEISRRLY 40PE'u IHERDRIIENIERIY lbE DF SNOBL'K B2 TO RE ARM AWMI cmeO OF LOT 5, BLOCK n DF SAN RAT, SAT FONT 460 LYING d: THE HSRM4Y WWI O WAY LINE O @ND CURT SERRYAYENIE PR SND PUT, PEACE ENO DEPARTINGSNC NORTHEASTERLY UE, ALN SOUTHWESTERLY AWG THE OMWt TEFKY EIGHT O WAY LINE O SAD 82ND NUR, TO THE MOST FAQEFKY CORNER OF LOT IN, CK BLOI.OF SOD PATTNNEE SPIRTED AD NORTWYE_`TEREY RAN` O WM LNE, RUN M MUS MY TO SHE NOTAL COANR OF t0I 1. BLOQ 10 Of SAD DUI, THENCE LAN SOUTEASIERY49X6 FREEO SO WSERY FIGHT OF WALME O 13070 STREET EDSON STREET PER RUN) TO THE INTERSECTION O SAD RW OF WAY LIVE AND THE GE TIMNE O THE 16 FIRE WIDE ALLtY LYNG 001 BLOCK 10 OF SAID RAT, THENCE DEPART ARG GRID SOU HAMPI RLY NOR Of WAY UNE , PUN S W TMFSERM ALONG SMO CENTE NNE ANO TE SOUTHWESTERLY EXTENSION THEREOF TO THE ArEfF ECTON O THE SOUMWESIEALY MGM OF WA IN O 125TH PLACE IMPACT STREET PER RID) INT THE CEMERLM OF THE 16 FOOT WOE ALLEY LYNG UF% a= 9 OF SAID FLA. TIONCE RUT:5 .TSWIALONG SAD CEM1TEFOHM AND RE SOUTHANESTERLY EXIEFSION THEREOF TO TIE WIN OF THE SDUTRU STFFTY PoOQ OF WAY LNE O EMIR COURT (JOSE STRET PER PUT AND THE fFN1RLANE O THE 16 FOOT CODE ALLEY LYING LPH' BUCK A O AND PUT THENCE RUN SOUfHWtmILC ALONG SAD SNIERUTA TO THE FONTOOEWNNHD TOCETHRWIT PARCEL S: RGEBRD AT THE NTERSECTON OF THE NOSFIHA5TERLY PGM OWAY LNE DF IIIEFLOBUA EAST WAST PA'LROAD AND THE SDUMVESIERY wCDOV6TUNE0I39RD WOHI FEMAAYENUE FERNP ERS sprimt) INEPUTd BOOK AN,AS 176 76OF TH IN ARC, RE ORDScouniOTtA ARD I, PAIR ,U)dTNFTRU:RECORDS IR BA, OROWANT; FUNOL QmwRD' LYNG WD BEING W IGOIN ANLR WUNGY ROR'ATH TERM ALT' NDRHA:SIERLY, NOD SAOT4 MEASTOUYRGNT UIRE OF NE,TO A PSR Oh' TM MEA NOI WATER UNE O NOTIFT MNRNEk AD POINT 450MNGIETHE MOMMA` lRE OT1E LOT LABELEDN PESEAYED. LWAC THREE HDF RDs:APEPTNDL NdEGW RAT; HIGH RLN AE. TO ME MOST SAD MEAN NIGH WAR ENE, TOME MOST AORH.ERY WMRR O LA 1 O SAC WIN WAN RAT THEME SPARTAOS SAD NNW HE ll WAND L. RLN RDWIE/STRD, HONG THE HAgi1ENiERO URE O SAID F WAY Ltd OF WON TIE hORMYERT m PGD A WM UE O BHN BENNE RAYS LOW SA PUT, WE TE Y RI HT OF WAY URY, ALONG SOU H COMAESTE IC PY.M OF WAY UNE. TC THE SOWN LOANERO, lCT5 OSAO WSTELY RAT; THENCE ORMTE'G SND EMTO THE NSM OF NAY UNE, RUN 1SOUTHEASTERLYIOFTO "A ATRAN GAT,'EA EN UT 1, BLOCK 1 O SOD WMMFWN PEAR THENCE RUN 904'IMESfEBLC ACIA THE EDMYAESRRY PGR N WN REO 1] -SM EASEN:T PPR OF T E NORTHEASTERLY PER AAT, TD THE NST COPPERN O ME OF SA MOR ONE PER. OF l01 S. BOO: 15 O SAO WAUPECAN PIN; OF WAY UNE PER SINUfHM3TRLY ALONG THE SMNIEATIERam OF, TIRE I,'ONI1ENTfNIY ONE. HALF d SND LO 5.70 THE 3dml CORNER WEAR AYNTKNRNY ONE J ALF OF SAD LOT L PEACE PIN AORHAESIF KY. ALOD 11E NDRTIE: "' EMY ME OF LOT B. LOT 9 AD COT 10. BLOCK 16 O SVD RUT TG A PONT 15 FEET NMTHWESIENY OF TIE MONTH CORAER OF LOI 9, BLUM 16, OF SAD WMAEGW RA`., TMM10E SUN S 7N STE4Y ALONG A UK IS FEET NORIIAVESTERLY OF AID PAULLEL WIN THE KORTMIESTEPCY UAE OF SART9, TO A REART ON THE NEITHEASTFAY —a OF WAY LINE OF INTH STREET TREVAPO AOENJE PER PUT DERE RLN SOUIHERY TO THE EAST OWN O LOT B CLOM 15, OF SAD WMARIGAN PUT, SND TOM L"'. ON THE SOTMYESIEHLr PioNT S NAT 11 OF 1NiH SWIFT, TIERCE PON SERIM1YESTEtLY ALON4 TC SOIRNE:AtAty EWE OF SND LOT t. TD TRE SOUTH CORNEA OF RAD MY Y, THFNO AUG SOUTHEASTERLY TO THE NMfN CONTRA OF THE NORTHWEST ONE HALF OF LOi 7, BLOCK. m, 1HER,CE TON SOUffMES1EEUY ALONG THE SBUM LAE O TALE WOIHNESTERCY ONE HALF 05AUtUl I, NAPEX, LN IMt HUXIRASIL11 ANHT GF WAY UNE OF IND PLACE IMAMPEE AVENUE IEA Pun, 1AFNCE RUN WERENY TO TE IEAST COINER OF 10T S, OLDER, 11. d AND WMIPEGUI PLAT PEACE RCN SdTNWESrELC ALA%TIE SOUTHEASTERLY LIKE OF IAD LOT 5, FORK SOUTH CORNER O SAD LDT 5;TRNCE RUN NORTDAESTEALY ALONE HIE MRTNF:STERU UNE DFUT SANDLOT 9, BLOCK 14 OFSAD WWRUAN PU[TOINE NODHCORMACRSND LDT 9, TICNCE WA SOTIiMW.S1EAY, ALOAG THE NDMNNESTfRLY CNE d SWD101 9TO THE AYEST CORNER d SND C W 9 THENCE ROI SWfHEASPERY TO HIE PONT OR BECOMING. ToGETNFR W'OL PAFiCELA: MEW,AUG N THE WATER NT COPIED OR UP 6, am K Of THE RAF DF RCL000M IEDMS SIEOMSKOV W. 2, AS RECORDED 1: PUT BOOK PAF 5 OF TIEWUC RECORDS POF WWW RNER 0001). FLORIDA THEACE RVI `WESTERLY NOLO PC COUNT LINE O SAID LOT 6, TO A POINT OF TIC NORTHEMIE&Y LIN: Of LW I OF THE AOESAIO WAURIGW AAT THEACE RW ORMWESTE0.Y AOC THE WESRALY LIKE OF THE AORESIO E UKJMEN ROOM SUMMON Na.. 2 PLAT, TO THE "HIGH NATER ONE Of THE 9.. SEBISELW Mt THEM FAN NORTHEIRLT ALONG.. SAID MEAN NASA WATER ONE TO THE NORTIRVF' CORQR OF LOT 16, MOM A OF SND Apt, TNRN,'E CONTINUE H(lAIEAD. N.ONG SAN MEAN HIM WARS LIE, TO IME FDRE6YEST CORNER OF LOT 15. BLOCK A OFTEE PUT S ERICLOOUIE PEDNR "U"Y 71 M 1,A5 KtmD W AAT ROCK 3. FACE 74 OF TIE PNUG RECORDS W INDIAN LAYER COWRY FLORINµ THENCE OEPAARIG SID MEA EACH MIER CAE ALN EASIEALYALORIG THE NORTH LINE OF SAD UP 15, TO 11E HORTEA51 COHEN O SND UT M MO FOM LYNG ON THE WEST NGHt S WAY LIKE OF BOTH AYENA: SUNSET BOUAEYARO PER, RAT PACE RUN RORTIEASfEw TO THE A'OTHFMT CORNER OF LOT I BLDCK E O SAID 0.T'Ale PONT LSA:, ON THE FIST KK OF WAY LM O W BOTH AVENUE ISUNSET aotw PER RAT; PRICE NON EASTEALC ALONG THE YDRN LINE OF LDT b AND UP 4. BLOCK B, OF SAID FIAT TO THE M1ORTHA4T CORNBI OF SAD LOT ASND ROM ALSO NVING DN THE MM ROOF a WAYLM OF TSR AWNUF AMWAY, ADA) PER RUT. PENCE RUN SOUTHERLY. ALMG SAID WEST FIGHT O WM LM TO THE SOUTHEAST WITHER Of LOT 4 OF SND AAF HERE CONTINUE SOlYfM TERM, TO THE SOUTHEAST COOPER O LOT AO, ALUM 6. O PC AOIFYD PLAT OF FNCWDO'UNE ROGERS SLNOMSNN Ib, z PIERCE DEPARWC SAID WEST A ENR OF WAY UNE, AN SOURE/STIM TO SHE PMR OF N1USECTEM O THE CURVE "IsonwiEmmy MNG UPON LOT 3, MOM F O SWIG AAT; THENCE RUN wimeSTEALY ALONG THE EUGENE O SAID GURE AND THE WESMINLY SAaIF OF WN UE DF 112ND WAY (REAM LANE PER PLq TO THE BOUT COMER OF LOT 1, OF SND PLA` PIERCE RLN 1011THERLY TO THE NORNEA5T (OPERA S LOT 6, BLOCK C OF RTD PUT; TNFNCE RW SOWN. ALONG TE WEST DIXT OF WRY EWE OF 791M AVENUE LARLM UNE PER PUTT, TO THE SOUTHEAST CORNING OF LOT T, BE= H O SLD PUT; PRICE REIN WASP. ALONG THE SWIM CAE OFSFD BLDCKRSAD LNEAL50 YUD TEE ROTI REMDF WAYINE O CNTESERaTtDAKLAKF PER PUmToTeGOVTNESTCOAEROFUTILma N, OF SAD PUT. THEIRR RUN SW TMWESTEBLY TO THE POM OF REGAINING. TOGETHER WITH PARCEL 6- RFAIINWG AT Till NRREN COM£ROF IGT 1, M MY A S THE RAT OF BRAN TIFFS, As REGORCFO N RLP SOON 0. PAGE 21 Of TNF PHALC RCmS O INDIAN 0.948 COOKY. FLORIDA THENCE RIN SOUTHEASTERLY AU09 THE NWTEEASTEFIY LINE O SAID BLOCK A TO IRE MIT OR THE RCMWASTENY LOS Of LOT S, BLOCK A O SW RD THENCE FON kc fHEASTEW, ALONG 74 NORMYiSTRtY LME OP BIND LOT 5- TO THE AGAIN `EITHER O AD LCT f, RHONE PUN SOUTHEASTERLY. ALaAG YEN NOt71EAQMLV LINE O SAID LOT 5, TO THE Aldi C RDWR OF SAD LO Y THENCE RUN SCQTKMTEHLC ALONG THE SOUTIEAITEALY LM O SAID IDT 5, TO THE FORTH CORNER Of LOT 6. BLUCK A O SAD RAT; ITEEN:E NW SouRNMIHNY, AOD HIE NOAYNEASTERO EWE S SIA LOT CTO THE ENT COM E OF AAD LO 6; TNENU RUN SEXJNWESRALY ALdiG THE SORHEASTERLY LN:O SSD LOSE. TOTIE NORM COMER O LOT 7, BLOC', A O SBD RAT TNFEAL RUN SOURIEAEURCC ALOW IE 90 EY LIFE DF SAD LOT 7, TO THE EAST CORNER O AAD LOT T; THENGE RUN SOUfMYESTEAy, ALONG TIE EOITEASfFAIY UNE OF SND LLT 7 ND THE SOOAFAE O 6 TTEALY ULOT 6. 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BDSFD OF COUNTY COIMOSORRE NOMW RHEA (AUNTY ILOAIOA RTE D.O'SAYAECHMONW 118 PUBLIC HEARINGS BCC Meeting 12-20-22 INDIAN RIVER COUNTY, FLORIDA e AGENDA ITEM Department of General Services '� UutDr Parks and Recreation Date: December 12, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Beth Powell, Parks and Recreation Director From: Gustavo Vergara, Parks and Recreation Asst. Director Subject: Amending Indian River Code Chapter 205. — Parks and Recreation BACKGROUND: On June 17, 2022, Governor Ron DeSantis signed House Bill 105 (HB 105) amending the Florida Clean Indoor Air Act (FCIAA), which allows cities and counties to restrict smoking on City and County -owned public parks, excluding unfiltered cigars. This bill allows counties and municipalities to restrict smoking within public beach and park boundaries under their ownership. Cigarette butts are the predominant pollutant on our coastal beaches. From January 2022 to October 2022, over 22,000 cigarette butts were cleaned up from the Indian River County's beaches. Cleanups like those conducted by the Weekly Wednesday Warriors, International Coastal Cleanup, and quarterly cleanups report cigarette butts, cigarette tips, E cigarettes, and tobacco packaging as the most common pollutant on our beaches. Cigarette butts, particularly the filters, can take anywhere from 18 months to 10 years to degrade. Inland parks and conservation areas are also affected negatively by litter produced from cigarettes and vaping devices. Staff respectfully requests that the Board of County Commissioners approve the attached ordinance amending Chapter 205 (Parks and Recreation) of the Indian River County Code of Ordinances making park and conservation boundaries smoke free, except for unfiltered cigars. Such prohibition would be consistent with HB 105. FUNDING: The cost to implement the update to the Code will include replacement signage which is a budgeted item in the General Fund/Parks/Other Operating Supplies account, number 00121072-035290. The overall cost is estimated to be under $1,000. Account Name I Account Number Amount General Fund/Parks/Other Operating Supplies 00121072-035290 $1,000 RECOMMENDATION: Staff recommends the Board approve the draft ordinance, amending the IRC Code to prohibit smoking and vaping (excluding unfiltered cigars) in public parks and beaches. 119 ORDINANCE NO. 2022 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 205.03 (RULES AND REGULATIONS) OF CHAPTER 205 (PARKS AND RECREATION) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO PROHIBIT CERTAIN SMOKING ACTIVITIES AT COUNTY OWNED PARKS CONSISTENT WITH STATE STATUTE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has amended section 386.209, Florida Statutes to allow for counties to restrict smoking within the boundaries of any public beach and public park that the county owns, except that the county may not restrict the smoking of unfiltered cigars; and WHEREAS, organizations like Coastal Connections and Keep Indian River Beautiful collect over 22,000 cigarette butts per year from County beaches; and WHEREAS, cigarette butts, cigarette tips, E cigarettes, and tobacco packaging are the most common pollutants found on County parks and beaches; and WHEREAS, contaminants and residues from cigarettes and E cigarettes negatively impact the environment by taking up to 10 years to degrade; and WHEREAS, the Board of County Commissioners wishes to prohibit smoking at public beaches and County owned public parks to the extent authorized by statute, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 205.03 (Rules and regulations). New language indicated by underline, and deleted language indicated by strikethre gh Section 205.03 (Rules and regulations) of Chapter 205 (Parks and Recreation) of the Code of Indian River County, Florida is hereby amended to read as follows: 120 CHAPTER 205 — PARKS AND RECREATION Section 205.03. — Rules and regulations. (28) Smoking. Smoking at any public beaches and County owned public parks shall be prohibited. This does not apply to the smoking of unfiltered cigars. Section 3. Conflict. All ordinances or parts of ordinances in conflict herewith arehereby repealed. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 9th day of December, 2022, for a public hearing to be held on the 20th day of December, 2022, at which time it was moved for adoption by Commissioner_, seconded by Commissioner , and adopted by the following vote: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this day of 2022. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By:_ Joseph H. Earman, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 2022 122 12 -2� zZ Ireasure Coast NewspapersS41rA, 10 • h'2. -- PART OF THE (ISA TODAY NETWORK Indian River Press Jorrrnal 1801 U S. 1, Vero Beach. FL 32060 AFFIDAVIT OF PUBLICATION V ILE D DECI 16 20ZZ COUNTY ATTORNEY'S INDIAN RIVER COUNTY ATTORNEYS OFFIC OFFICE E 1801 27TH ST NOTICE OF INTENT - PUBLIC VERO BEACH, FIL 32960-3388 HEARING NOTICE 15 HEREBY GIVEN that STATE OF WISCONSIN the Board of County Commis. COUNTY OF BROWN sioners of Ireflan River County, Florida, will conduct a Public Hearing to consider adoption Before the undersigned authority___ personally appeared, said legal of a proposed ordinance enti- clerk, who on oath says that hetshe is a legal clerk of the Indian tled: River Pry Journal, a daily newspaper published at Vero Beach AN ORDINANCE OF INDIAN , Florida: that the attached co of in Indian River County, Py RIVER COUNTY, FLORIDA, AMENDING SECTION 205.03 advertisement was published in the Indian River Press Journal in (RULES AND REGULATIONS) the followingissues below. Affiant further says that the said Indian Y RE CHAPTER 2O (PARKS AND RECREATION} OF THE CODE River Press Journal is a newspaper published in Vero Beach in OF INDIAN RIVER COUNTY IN . Florida, and that said newspaper has said Indian River County, ORDER TO PROHIBIT CERTAIN SMOKING AC7NiTIES AT heretofore been continuously published in said Indian River COUNTY OWNED PARKS CON- Coun Florida, daily and distributed in Indian River County, County, y n'• P WITH STATE STAT - UTE, PROVIDING FOR CON - UTE; Florida, for a period of one year next preceding the first publication FLICT AND SEVERABILITY; of the attached co of advertisement; and affant further says that copy y CA PROVIDING FOR COG FOR TION; AND PROVIDING FOR she has neither paid or promised any person, firm or corporation AN EFFECTIVE DATE. any discount, rebate, commission or refund for the purpose of The Public Hearing will be securing this advertisement for publication in the said newspaper, held on Tuesday, December The Indian River Press Journal has been entered as Periodical 20, 2022 at 9:05 a.m., or soon thereafter as the matter Matter at the Post Offices in Vero Beach, Indian River County, may be heard, in the County Florida and has been for a period of one year next preceding the Commission lolocated on the first flooroon of f Buildin A first publication of the attached copy of advertisement of the County Administrative Issues dated before where the dates are noted or b publication y p Complex, 1801 lith Street, Vero Beach, Florida 32960, at on the newspaper's website, if authorized. on : which time interested parties 1210912022 may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected by the public during regular business hours (8.30 a.m. to 5.00 p.m., -Mon- day through Friday) at the Of- fice of the Clerk to the Board of County Commissioners lo- cated on the second floor of Building A of the County Ad - Subscribed and sworn to before on December 9, 2022: ministrative Complex, 1801 271h Street, Vero Beach, Flori- da; or alternatively, the pro- posed ordinance may be in- spected at www.ircgov.com, Anyone who may wish to ap- otary. to of WI my of 516W peal any decision which mayy be made at this meeting wirl +} need to ensure that a verba- tim record of the proceedings My commission expires is made, which includes testi- mony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meet- ing must contact the County's Americans With Disabilities Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the meeting. Publication Cost: 5133.35 INDIAN RIVER COUNTY Ad No: 0005512353 BOARD OF COUNTY Customer No 1310775 NANCY HEYRMA COMMISSIONERS JOSEPH H. EARMAN, CHAIRMAN PO* 12120 NOtBf PublicPub 1 Dec 9th 2022 TCN5512353 of Affidavits 1 State Of Wisconsin 11�� 122-� SSVIO I swI 091'sos3vd cl to (P In U 14 122-2, INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: United States Lifesaving Association c/o Joe McManus 13450 77th Street PHONE: ADDRESS: Fellsmere_ FI 32948 772 240 0310 Heroic Act Award presentation for Lt. Dustin Lightsey SUBJECT MATTER FOR DISCUSSION: FVNC IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? YES [�] NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? None ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES I V11 NO WHAT FUNDS OR ACTIVITIES ARE None REQUIRED TO MEET THIS REQUEST? For IRC Staff only: ------------------------------- 'iransmittea to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown December 20 123 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 13W County Attorney's Matters - B.C.C. 12.20.22 Ofc of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: December 9, 2022 SUBJECT: City of Sebastian — Graves Brothers Annexation Update ATTORNEY The County Attorney would like to provide the Indian River County Board of County Commissioners an update on the City of Sebastian Graves Brothers annexation, scheduled for a hearing before the City of Sebastian City Council for December 14, 2022. C:IGraaic V.egistar51L51Tenpib6391111-8964.4878-8f7c5648b3W9.dx 124 (5b3 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: December 9, 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. 56 to Kimley-Horn for the Solid Waste Disposal District Annual Financial Reports Descriptions and Conditions: The Solid Waste Disposal District (SWDD) is required by the Florida Department of Environmental Protection (FDEP) to annually prepare a Full Cost Accounting Report and a Financial Assurance Report that must be certified by a third -party professional engineer. The Financial Assurance Report determines SWDD's annual obligations to fund escrow accounts for the closure and long-term care of the County's active landfills. The Full Cost Accounting Report is to inform residents of the County of the full cost of collection, management, and disposal of solid waste in the County. Analysis: Kimley-Horn and Associates, Inc. (KHA) has prepared Work Order No. 56, per the Continuing Consulting Engineering Services Agreement for Professional Services, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement entered into on April 17, 2018, renewed and amended as of May 18, 2021. The tasks are listed below showing the expected completion dates and their estimated fees. TASK DESCRIPTION DUE DATE AMOUNT Task 1 Full Cost Accounting Report 30 Days from NTP $ 7,500 Financial Assurance Report Task 2 2.1— Closure Cost Adjustment 30 Days from NTP (b) $ 41,750 2.2 — Survey/Air Space Adjustment 90 Days from NTP TOTAL (Lump Sum) _ $49,2S0 NTP — Notice to Proceed (a) And receipt of data from SWDD (b) Escrow balance and budget recommendations will be provided within 30 days of receipt of information from SWDD SWDD Agenda - WO No 56 Kimley-Horn SWDD Annual Financial Reports Page 1Qf5 SWDD Item Funding: Funding for the SWDD Annual Financial Reports is budgeted and available in the SWDD/Landfill/Engineering Services account, number 41121734-033130, for a total amount of $49,250, which is funded from SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/Engineering Services 41121734-033130 $49,250 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve Work Order No. 56 with Kimley-Horn and Associates, Inc. for $49,250 to provide engineering services related to the SWDD Annual Financial Reports; and authorize the Chairman to execute the same, as presented. Attachment: 1. Work Order No. 56 — KHA SWDD Agenda - WO No 56 Kimley-Horn SWDD Annual Financial Reports Page 2pY6 CCNA2018 WORK ORDER 56 FISCAL YEAR 2021-2022 FULL COST ACCOUNTING AND FINANCIAL ASSURANCE This Work Order Number 56 is entered into as of this _ day of , 2022, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of the 18th day of May, 2021 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Kimley-Horn and Associates, Inc. OF INDIAN RIVER COUNTY By: By: Brian A. Good, P.E. Print Name: Joseph H. Earman, Chairman Title: Senior Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 127 WORK ORDER NUMBER 56 FISCAL YEAR 2021— 2022 FULL COST ACCOUNTING AND FINANCIAL ASSURANCE EXHIBIT A SCOPE OF WORK PROJECT UNDERSTANDING Indian River County (COUNTY) Solid Waste Disposal District (SWDD) is required to update and submit the landfill closure cost estimate to the Florida Department of Environmental Protection (FDEP) Solid Waste Operations Permit No. 0128769 -023 -SO Specific Condition F.2. SWDD is also required to document full cost accounting and financial assurance every five years in accordance with Specific Condition A.6; however, to ensure that the landfill escrow balance remains on track to adequately cover the closure costs, SWDD completes the full cost accounting and financial assurance process annually (without submittal to FDEP). Kimley-Horn and Associates (CONSULTANT) will perform following Scope of Services for the preparation of the Full Cost Accounting Evaluation, Financial Assurance, and Closure Cost Estimate Update for Fiscal Year 2021— 2022. SCOPE OF SERVICES Task 1: Full Cost Accounting Evaluation for Fiscal Year 2021 - 2022 In accordance with the requirements of Chapter 62-708.400(1), F.A.C., and F.S. 403.7049, the COUNTY shall determine the full cost for solid waste management services. This shall include the rate charged by the county or municipality to the end user for solid waste management services plus any other direct, indirect or outside contractor costs associated with solid waste management services. CONSULTANT will prepare a draft table using information provided by the COUNTY within 60 days of receipt of the data from the COUNTY. The draft public notice, summary tables and working documents will be provided electronically, unless otherwise requested. The COUNTY will coordinate and facilitate publication of the public notice. In accordance with Chapter 403.7049 Florida Statutes: "Each municipality shall establish asystem to inform, no less than once ayear, residential and nonresidential users of solid waste management services within the municipality's service area of the user's share, on an average or individual basis, ofthefull costfor solid waste management as determined pursuant to subsection (1). Counties shall provide the information required of municipalities only to residential and nonresidential users ofsolid waste management services within the county's service area thatare notserved by a municipality. Municipalities shall include costs charged to them or persons contracting with them for disposal of solid waste in the full cost information provided to residential and nonresidential users ofsolid waste management services. " 128 Page 1 of 5 Task 2: Financial Assurance The COUNTY operates both a Class I landfill and a Construction and Demolition Debris Landfill through a contract with Republic Services. In accordance with Chapter 62-701, F.A.C., the COUNTY is required to submit cost adjustments based on an inflation factor for closure annually. Every five years, the closure cost estimate must be revised by recalculating the total cost of closure. Subtask 2.1 Closure Cost Estimate Adjustment CONSULTANT will provide the Closure Cost Estimate adjustment to the COUNTY based on the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business. CONSULTANT will include escrow account balance recommendations for Fiscal Year 2021-2022, and escrow budget recommendations for Fiscal Year 2022-2023. Subtask 2.2 Survey and Airspace Assessment CONSULTANT will provide surveys and assessments of airspace used by our subconsultant, Masteller, Moler & Taylor, Inc. (MM&T) for the Class I landfill and C&D debris disposal facility. The topographic survey will be performed on the entire COUNTY landfill site, including the Class I waste area (Segment I, II, and III and the ditches and roadways surrounding the Class I area), the C&D disposal facility (waste area, fence line, ditches and berms adjacent to C&D Debris site), expansion areas, stormwater pond, and administrative area. The deliverable from MM&T will consist of a survey identifying the dates the field survey was completed. The airspace consumed, and the remaining airspace will be calculated and provided. The survey shall also include the results of the volumetric calculations for Segments II and II portions of the Class I landfill, and the C&D disposal facility. Deliverables accompanying the survey are as described in MM&T's proposal. For the Class I Landfill (Segments I, II, and III), we will include an evaluation of the waste compaction, so the COUNTY may determine whether Republic Services is meeting its contractual compaction requirements. Ongoing projects at the landfill are also anticipated to impact one of the aerial targets used to conduct the annual survey. This Task includes replacement of one aerial target, including physical reconstruction (pouring of concrete and painting), as well as surveying the new location of the target. The target will be relocated to a location that is determined by SWDD within the allowable distance from the current target. 129 Page 2 of 5 Deliverables Task 1 Table and Working Documents Subtask 2.1 Assurance Form and Escrow Balance and Budget recommendations Subtask 2.2 Survey (as described in MM&T's proposal), remaining airspace and evaluation of compaction Assumptions Information to be provided by the COUNTY includes: • Site access • Escrow account balances • The rates and number of dwelling units for each of the transporters • Available site surveys • Level of service for each transporter • Monthly fee for both single family residence and multi -family residences collected via non -ad valorem assessment • Number of parcels, equivalent residential units, and waste generation units (WGU) for Fiscal Year 2021-2022 for each customer • Wastestream monthly totals • Changes to Basis of Allocation • Direct and indirect cost breakdowns • Confirmation of waste generation units • Amount of residential assessment • Excel spreadsheets prepared by others for prior fiscal year for escrow balance and airspace calculations 130 Page 3 of 5 EXHIBIT B FEESCHEDULE The County agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, a lump sum fee inclusive of expenses as follows: Task Description Fee Task 1 Full Cost Accounting Evaluation for FY2021 - 2022 $7,500 Task 2 Financial Assurance Subtask 2.1 Closure Cost Adjustment $6,500 Subtask 2.2 Survey and Air Space Assessment $10,750 Total Labor Fee $24,750 Subconsultant - MM&T Survey $23,000 Other Direct Costs $1,500 Total Lump Sum Fee $49,250 131 P❑Le 4 of EXHIBIT C TIME SCHEDULE* Task 1 Full Cost Accounting 30 Days from Receipt of Data Task 2.1 Closure Cost Adjustment 30 Days from Receipt of Data Task 2.2 Survey/Air Space Assessment 90 days from Notice to Proceed 132 Page 5 of 5 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: December 9, 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: Amendment No. 2 to Work Order No. 47 to Kimley-Horn and Associates for Roadway and Drainage Improvements at the IRC Landfill Descriptions and Conditions: On November 16, 2021, the Solid Waste Disposal District (SWDD) approved Work Order No. 47 to Kimley- Horn and Associate, Inc. (KHA) to provide engineering services related to the Roadway and Drainage Improvements project for a cost of $37,060. On July 12, 2022, the SWDD approved Amendment No. 1 to Work Order No. 47 for $8,580 for additional design work and construction services. A pre -application meeting with Indian River Farms Water Control District (IRFWCD) indicated that additional improvements will be required for the roadway crossing of the canal, including the full replacement of the culvert, additional drainage improvements, canal restoration and regrading of the entire northern bank of the canal within the project limits. These improvements will be required in order to obtain the necessary IRFWCD permits for the project. This amendment provides for additional design, survey and construction administration services associated with the required modifications. Staff received the attached Amendment No. 2 from KHA for $29,600 for these additional services, which will bring the total contract to $75,240. Since these changes are necessary to receive approval from IRFWCD, staff is recommending approval from the SWDD Board. Analysis: KHA has prepared Amendment No. 2 to Work Order No. 47, per the Continuing Consulting Engineering Services Agreement for Professional Services, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The tasks are listed below showing the scope and their estimated fees. Task DESCRIPTION Original Amount Amendment No.1 Amendment No.2 Revised Amount Task 1 Landfill Roadway Improvements $21,050 $ 0 $17,280 $38,330 Task 2 Drainage Improvements $ 7,480 $4,320 $12,320 $24,120 Task 3 Site Plan Coordination $ 8,530 $4,260 $0 $12,790 TOTAL FEE = $37,060 $8,580 $29,600 $75,240 SWDD Agenda - Amendment No. 2 to Work Order No 47 to Kimley Horn Page 11� SWDD Item The three phases outlined above provide a turnkey engineering project from design, permitting, procurement, to construction services. Funding: Funding for the SWDD Landfill Road Improvement project is budgeted and available in the SWDD/Landfill Interior Roadway/Drainage account, number 411-169000-20031, which is funded from SWDD assessments and user fees. The amount of $17,280 for KHA Work Order 47 will be drawn from this account. The Landfill Drainage and Site Plan portion of the project is part of the Leachate Pre -Treatment System, which is budgeted and available in the SWDD/Leachate Pre -Treatment System account, number 411-169000-19507, which is also funded from SWDD assessments and user fees. The amount of $12,320 for KHA Work Order 47 will be drawn from this account. Description Account Number Amount SWDD/Landfill Interior Roadway/Drainage 411-169000-20031 $17,280 SWDD/Leachate Pre -Treatment System 411-169000-19507 $12,320 Total $29,600 Recommendation: Solid Waste Disposal District staff recommends that its Board approve Amendment No. 2 to Work Order No. 47 with Kimley-Horn and Associates, Inc. for $29,600, with an amended overall total of $75,240, to provide engineering services related to the Roadway and Drainage Improvements at the Indian River County Landfill, and authorize the Chairman to execute the same, as presented. Attachment: 1. Amendment No. 2 to Work Order No. 47 — KHA SWDD Agenda -Amendment No. 2 to Work Order No 47 to Kimley Horn Page 21;4 CCNA2018 WORK ORDER 47 AMENDMENT NO. 2 Roadway Improvements and Drainage Improvements at the IRC Landfill This Amendment No. 2 to Work Order Number 47 is entered into as of this day of , 2022, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of the 18th day of May, 2021 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Kimley-Horn and Associates, Inc. OF INDIAN RIVER COUNTY By: By: Brian A. Good, P.E. Print Name: Joseph H. Earman, Chairman Title: Senior Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan Reingold, County Attorney 135 AMENDMENT NO.2 WORK ORDER NUMBER 47 ROADWAY IMPROVEMENTS AND DRAINAGE IMPROVEMENTS AT THE IRC LANDFILL EXHIBIT A SCOPE OF WORK PROJECT UNDERSTANDING Indian River County (County) Solid Waste Disposal District (SWDD) previously authorized Kimley-Horn and Associates (Consultant) to provide engineering services related to the paving of the yard waste drop-off area driveway and minor drainage improvements. A pre -application meeting with Indian River Farms Water Control District (IRFWCD) indicated that additional improvements will be required for the roadway crossing of the canal, including the full replacement of the culvert, additional drainage improvements, canal restoration and regrading of the entire northern bank of the canal within the project limits. These improvements will be required in order to obtain the necessary IRFWCD permits for the project. This amendment provides for additional design, survey and construction administration services associated with the required modifications. SCOPE OF SERVICES Task 1: Landfill Roadway Improvements Design review and pre -application meeting with Indian River Farms Water Control District (IRFWCD) indicated that the existing CMP culvert could not be extended under a paved road, or with utility crossings above it. Therefore, the existing CMP must be replaced with RCP To maximize cover and minimize the amount of required fill, the County has elected to proceed with elliptical RCP to replace the CMP. This requires minor redesign of the details for the crossing, as well as the addition of a maintenance of operations plan. The construction must take place such that access to the yard waste area is maintained at all times. This will be achieved via a temporary crossing to the east of the existing crossing. Additional sheets, details and notes will be required to convey the requirements to the contractor. This task has been amended to include the additional design services, as well as three coordination meetings with IRFWCD and additional services during construction to provide construction administration for the additional work area. Task 2: Drainage Improvements (Lump Sum) The pre -application meeting with IRFWCD also revealed that the cross section of the canal has eroded over time. IRFWCD is requiring that the County restore the cross section to match that up and downstream of the roadway crossing (i.e. narrowing of the top -of -bank to top -of -bank dimension), and restore the north side berm that prevents sheet flow drainage into the canal. This task has been amended to design the canal restoration, replace the north berm, and reconfigure the drainage in the yard waste drop off area to flow back to the drainage swale on the western perimeter (as originally designed). This amended task also includes contracting with a licensed 136 Page 1 of 5 surveyor to collect additional topographic survey data for the impacted areas to facilitate the regrading design. In addition, supplemental topographic survey is needed in the area immediately east of the existing landfill gas flare skid. SWDD recently removed an area of invasive exotic vegetation, that allows this area to now be accessed for survey. Topographic information in this area is needed to facilitate an ongoing improvements project for the landfill gas flare. This area will be included in the additional survey. Task 3: Site Plan Coordination The proposed changes do not require modifications to the site plan approval. 137 Page 2 of 5 U U a ps 0 0 420 ° N E N tocn bb E � � U •� U � 3 W o� �•3 �7 U O to U • � � Q 69 69 69 69 69 69 Q ^ 14� Q 514 w Uz E� x w w °A. p kn N 4 E -� W A 3S V 0 vi ., maccj -0 O o U Lt O M M `O 05 000 M O E N O O . � 00 C N pp •4 �•-� N M 00 ti ff V•j O O 0co l� 00 l� M ou O O N dr- Cdr- 4) ) s°„ 0 E w U U a ps 0 0 Q 69 69 69 69 69 69 69 69 514 514 519 p kn N O 0 0 0 M M `O �o 000 M �z C N pp •4 �•-� N M 00 ti ff V•j M vi l� 00 l� M N Q' 64 69 69 5q bg 59 69 69 5A us 69 F" oo zQ 69 69 69 69 64 69 69 64 64 bs U RS 000 't 7 N 1 O O H ti 0 0 e4 N N � O Q' z b9 Sc sA 59 64 69 64 bs rn 64 6s � O O o � 3 69 'A 59 59 6q 69 Is 511, 64 Wsl O O N O N N 0 n � U � W 0 4i 0 0 0 0 0 00IzO M Q orz W W [� O O O O N O \z O 7 O V a� b � � d "j X - d > rO d U V Q O G O .+ E d b _�•.. � � �y � o � Q It a ::3 rncc d o c� ti cc e e _ 'a w , N M 0 LIO a rn Cn C4 U� q CL a V v F rn F F F U U a ps 0 0 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project but may be required depending on circumstances that may arise during the execution of this project. Additional services may include, but not be limited to the following: Environmental Services (surface water impacts, gopher tortoise relocation, etc.) Permit or application fees Design services related to the non-Kimley-Horn design projects listed herein. 139 Page 4 of 5 EXHIBIT C TIME SCHEDULE* Task 1.1 Deliverables: No change Task 1.2 Deliverables: 30 Percent Design — No Change 60 Percent Design — No Change 90 Percent Design — Additional 4 weeks Final Bid Documents — Extended 4 weeks Task 1.3 Deliverables: PERMITS TBD Task 1.4 Duration: Additional 8 weeks Task 2 Duration: Additional 4 weeks (Concurrent with Task 1.2) Task 3 Duration: No change 140 Page 5 of 5 Masteller, Moler & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 e-mail: dt5243@bellsouth.net AGREEMENT FOR PROFESSIONAL SURVEYING & MAPPING SERVICES PROJECT: IRC Landfill Survey PHONE: Work - (772) 562-7981 CLIENT NAME: Kimley Horn & Associates - Jill Grimaldi, BCES E-MAIL: jill.grimaldi@kimley-horn.com SITE ADDRESS: 1325 74th Avenue SW MAILING 445 24th Street, Suite 200 Vero Beach, FL 32968 ADDRESS: Vero Beach, FL 32960 MMT, Inc. is pleased to provide you with this proposal for performance of surveying services in support of engineering design for property located in Indian River County and lying in Section 25 -33S -38E and identified as the Indian River County Landfill Project which shall include the following Scope of Services: 1. The Project limits is shown on the attached sketch provided by the client. 2. Recover existing horizontal and vertical control and establish control points including benchmarks on site as required. Elevations shall be based upon the North American Vertical Datum of 1988. 3. Obtain ground elevations within the areas shown on the attached sketch. 4. Obtain two (2) cross sections of the existing canal where identified in the attached. 5. Locate and obtain elevations on existing drainage features, ditches or canals within the project limits. 6. Integrate with previous survey and prepare Topographic survey in accordance with the Standards of Practice for Surveying as set forth by the State of Florida. Provide 5 signed and sealed copies and one digital CAD file upon completion. We propose to perform the above described scope of services for a lump sum fee of $1,800.00. We estimate the time of completion to be two (2) weeks from the notice to proceed. Upon your verbal authorization for this survey, we order research materials and set up your job file. In the event of a cancellation and in order to cover our costs, you will be billed for all work/expenses incurred up to the date of cancellation, including costs to close out your file. See the attached for standard conditions. Price is based and contingent upon site conditions described by Client or Clients representative. If, upon arrival at job site, conditions described do not accurately reflect the actual conditions of the property, charges for additional work may apply. I, the undersigned, agree to all the terms of this Agreement and the Standard Conditions of this Contract attached hereto. Client's Printed Name Client's Signature 12/2/2022 Date David Taylor, President Date Masteller, Moler & Taylor, Inc. 141 a 4r t Z gj q qY -7 a d•� 51' q".� 'T�II M rr a 4r t Z gj q qY -7 a P' 5 •� t 5 r '- ;:5 a l Z q qY -7 a 5 •� t 5 r '- ;:5 t F { •r i 4p ( ^h I F l t• a t MMT STANDARD CONDITIONS: Masteller, Moler & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, FL 32960 Phone: 772-564-8050 Fax: 772-794-0647 e-mail: dt5243@bellsouth.net General: These are the complete terms and conditions of this contract. All terms and conditions of the agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Client to the Surveyor. Definitions: The Client is defined as the addressee(s) and may be referred to as "you". The Surveyor hereafter is defined as Masteller, Moler & Taylor, Inc. who also may be referred to as "I", "me", "it's" or "we". Agency is defined to mean any department or branch of a City or County that oversees or manages activities pertaining to the Surveyor's services. Permission: The client hereby grants the surveyor permission to enter or drive onto client's premises as necessary to perform their services or duties. Furthermore, the client also grants surveyor permission to clear and/or cut trees, branches, or brush as necessary to perform their survey or set property corners. Underground Asbuilts: The Client is responsible for assisting the surveyor as necessary to obtain the location and elevation of any underground utilities as necessary. Client shall expose or mark installed underground utilities for location by surveyor. Surveyor is not responsible to excavate to find utilities. Scheduling: The surveyor makes no guarantee as to field scheduling or time of deliveries. The surveyor is not liable for costs or expenses incurred due to conflicts in scheduling or work backlogs. Further, the surveyor makes no time guarantees, except that surveys, drawings or reports will be performed on first come first served basis. Any scheduling due dates on the front of this contract will be considered target dates only and not be construed as a guarantee. The practice of Land Surveying is not an exact science and is subject to a certain degree of inaccuracy, interpretation of evidence and opinion. The survey is not considered complete until all procedures and calculations used to derive the survey have been reviewed and double-checked by our staff. Warranty: The Surveyor makes no warranty, either expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they were promulgated after preparation according tc generally accepted procedures and practices by or under the direction of a professional surveyor and mapper licensed to practice in the State of Florida. The boundary corners and lines depicted by this survey will be established per record title information and represent deed lines only. They do not purport to show ownership lines, lines affected by adverse use, lines of conflicting/overlapping deeds, or other lines that may otherwise be determined by a court of law. Limitation of Liability: Client recognizes and assumes the inherent risks connected with development and construction. For its part, Surveyor will do its best to perform its services to meet the requirements of generally accepted local principles and practices of engineering and land planning. The client agrees to limit Surveyors liability to the client due to Surveyors negligent acts, errors, or omissions, or alleged breach of contract, such that the total aggregate liability to Surveyor shall not exceed $1,000,000.00. Client further agrees to indemnify Surveyor in an action brought against Surveyor seeking compensation for any personal or bodily injury as a result of services rendered under this contract unless those injuries are caused by the work of the Surveyor. Payment Provisions: The Client agrees to encumber sufficient funds to be designated solely to pay for the Surveyor's services. The Client will make payment in full within 30 days of initial submittal of the Surveyor's report, plan specifications, etc. to the Client or the primary regulatory agency. The Client will pay, in full, each subsequent invoice within 30 days of the date on the invoice, and pay an additional charge of two percent (2%) of the amount of the invoice per month for any payment received by the Surveyor more than thirty (30) days from the date of the invoice. Additionally, a $25.00 administrative service fee will be assessed for each monthly Statement of Account issued after the work is completed or suspended by either party. Accounts 45 days past due will be subject to lien, unless other arrangements are made at the time the Agreement is signed. Fees for all Surveyor's time expended and all expenses incurred for liens or collection of any delinquent amount including, but not limited to reasonable attorney fees, witness fees, court costs, charges at current billing rates for time spent by and on behalf of the Surveyor shall be paid by the Client in addition to the delinquent amount. The Client authorizes the Surveyor to charge Client's credit card, as provided to the Surveyor, in the event invoices become past due. Extra Services: The Client, prior to commencement of additional services will authorize any extra services beyond those that are included in the Scope. The Client will reimburse the Surveyor any extra services monthly Page 1 of 3 143 according to the same provisions identified under the preceding paragraph, "Payment Provisions". The Surveyor will be compensated at a rate determined by the Surveyor. Any and all work performed, other than that specifically contracted for within this general contract, shall be billed at the following job classification and rates: Principal $ 150.00/hr. Professional Surveyor/PSM $ 125.00/hr. Project Manager $ 100.00/hr. Field Crew (2 -man) $ 125.00/hr. Field Crew (3 -man) $ 150.00/hr. CADD Draftsman/Designer $ 75.00/hr. Administration $ 50.00/hr. Surveyor reserves the right to adjust rates as necessary. Reimbursable Expenses: The following Reimbursable items shall be charged the cost as described plus the hourly wage to perform such services if significant. Photo Copies $0.50/sq. ft. Concrete Monuments $25.00/per Mylar $25.00/per sheet Lathes $0.75/per Hubs $0.25/per Be advised if the amount of copies is significant, there may be additional hourly charges. Professional services required for trial and/or document preparation, expert witness, consultation or meetings will be charged at the rate of $150.00 per hour. The Surveyor will submit an invoice to the Client based on the actual time and expenses incurred upon completion of the survey or submittal of drawings or reports to the Client or Agency. If additional and subsequent services are requested or needed, they will be billed on a monthly basis for the services performed. Coordination and Payment of Other Fees and Permits: The Client shall coordinate, be responsible for, and pay for all submittals, reviews, all direct and indirect costs for obtaining permits, etc. unless expressly identified in this agreement as a service to be provided by the Surveyor. Such services and fees excluded from this contract include, but are not limited to: cost of monuments, materials to set monuments (if required), photo Mylars ;if required), surveying of critical areas, environmental studies, road design, aerial topography fees, and other fees, title company charges, special blueprints and reproductions, etc. Overtime Payment Provision: Overtime shall be billed at a rate of 1.5 times the regular time rate. (See Payment Provisions above) Overtime shall be defined as any crew time over 8 hours in a day, including travel time. The Client prior to commencement of services shall authorize overtime. Sub -Contractors: The costs for services and expenses charged to the Surveyor by other sub -contractors, professional or technical firms that may be engaged in connection with completion of the Scope of services will be billed to the Client at costs, plus fifteen percent (15%) for overhead and handling. Disputes: This Agreement may be terminated by either party at any time, for any reason, upon ten (10) days written notice, and may be terminated immediately upon written notice in the event of a breach by the other party. Client will be responsible for all costs due to surveyor for work completed up to the date of termination. The Surveyor will not incur any liability for damages due to the delay of the project as a result of stopping performance of services (as provided in the preceding paragraph) due to the failure of the Client to pay for services rendered, nor will the Surveyor be responsible for delays caused by factors beyond the Surveyor's control or by factors that could not reasonably have been foreseen at the time this Agreement was executed. In the event of legal action brought by either party involving this Agreement, including, but not limited to, an action by the Surveyor against the Client for Invoice amounts not paid, attorney's fees, court costs, and other related expenses will be paid to the prevailing party by the other party. Payment in the Event of Termination: In the event this Agreement is terminated, the Surveyor will be compensated for service performed and expenses incurred under this Agreement to the date of termination in accordance with the above provisions. If the Client terminates this Agreement, the Surveyor will also be compensated for all reasonable costs and expenses incurred to assemble and close project files and records. Frivolous and/or Unfounded Claims: If the Client makes a claim or claims against the Surveyor, at law or otherwise, for any alleged error, omission, or act arising out of the performance of it's professional services, and the Client withdraws or fails to prove such claim, then the Client shall pay for all of the Surveyor's time at Page 2 of 3 144 professional fee rates and all expenses, including such costs as actual attorney's fees, incurred by the Surveyor in the preparation of response to, and in defense against such claim or claims. Ownership of Materials: All reports, plans, specifications, estimates, and supporting documentation, including but not limited to: all field data, photographs/videos, calculations, drawings, reports, other data, documentation, and records prepared by the Surveyor are instruments of service and shall remain the property of the Surveyor. The principal documents (plans, specifications, reports, etc.) are copyright protected. Copies may not be reproduced or altered in any way without the express written consent of the Surveyor. The Client agrees that all reports and other services furnished to the Client or assignee will be returned immediately upon demand, if payment for Surveyor's services is delinquent or in dispute. Further, the Client agrees, under such circumstances, that all material furnished by the Surveyor or the Client or assignees thereof will not use copies for any purposes whatsoever. After the conclusion or suspension of the Surveyor's services, the Surveyor will retain all pertinent summaries and reports relating to services performed for the Client on the project for five (5) years following submission of the report, plans, specifications, and/or engineering cost estimate for examples, as applicable. The records will be made available to the Client during that time period. The Surveyor also retains ownership of all materials used to mark property corners and the right to access these materials in the event of any necessary adjustments. Electronic files may be provided for an additional charge, solely as a convenience to the recipient and shall NOT be considered "Drawings of Record" or as "Construction Documents". All documents considered "Drawings of Record" or "Construction Documents" shall be HARD COPY and shall be accompanied by a professional's stamp and signature. Masteller, Moler & Taylor, Inc. does not guarantee the accuracy of the electronic data, due to possible alterations by others. These electronic files shall not be used for purposes beyond the scope of original contract. All said drawings; reports, etc. are for the exclusive use of the contracting party only, and not transferable. Any subsequent parties or property owners are not authorized to use said documents without contracting with Masteller, Moler & Taylor, Inc. for re- certification of the work. Governing law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties irrevocably consent to the jurisdiction and venue of the courts located in Indian River County, Florida with respect to this Agreement or the services provided. Severability: If any provision herein is determined to be invalid or unenforceable, the validity or enforceability of the other provisions shall not be affected. END OF STANDARD CONDITIONS Page 3 of 3 145 1665 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: December 9, 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: Amendment No. 3 to Landfill Gas Agreement with Nopetro Eco District, LLC Descriptions and Conditions: On February 5, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board directed staff to enter negotiations with the Indian River Eco District, LLC (IRED) for their purchase of landfill gas (LFG) created at the County's landfill. The SWDD Board agreed that the landfill -generated gas, which is currently being flared off, posed a potential health and safety risk and that it could be better used for other purposes rather than flaring. On July 16, 2019, the SWDD Board approved the Landfill Gas Agreement with IRED wherein they purchase the LFG for the production of electricity and/or conversion to Renewable Natural Gas (RNG). On July 14, 2020, the Board approved Amendment No. 1 to the Landfill Gas Agreement confirming IRED's desire to pursue an RNG project and extend the LFG commencement date to September 30, 2021, as well as to increase the landfill gas for a potential leachate project and to reduce the cure period from six months to three months for any further delay in the commencement date. On May 18, 2021, the Board approved Amendment No. 2 to the Landfill Gas Agreement further clarifying the LFG commencement date and amended additional terms of the LFG agreement to include mutual targets to optimize the quantity and quality of the landfill gas to the financial benefit of both parties. On October 12, 2021, a presentation was made to the Board by IRED to introduce Nopetro RNG, LLC, with whom they have formed a joint venture in order to form Nopetro Eco District, LLC, which will design, finance, build and operate the RNG facility on the IRED property. On December 7, 2021, the SWDD Board approved the Consent to Assisgnment of the Landfill Gas Agreement from the Indian River Eco District, LLC, to Nopetro Eco District, LLC (NED). During the past year, NED has actively engaged with SWDD staff on a monthly basis participating in our landfill gas operation and maintenance meetings. NED has also performed various gas testing to optimize the design of their RNG system. In July 2022, NED provided a project update that their Front - End Engineering Design (FEED) study had been completed in June 2022, which resulted in 30% design completion. NED also indicated that they had started their selection process for an Engineering Procurement and Construction (EPC) contractor and NED has recently confirmed that they selected their EPC contractor in September 2022. SWDD Agenda - Amendment No. 3 to Landfill Gas Agreement with Nopetro Eco District LLC Page 1416 SWDD Item However, a key factor in NED proceeding with the financing of their project was to ensure that the landfill had achieved a minimum flow rate of 900 Standard Cubic Feet per Minute (SCFM) of Acceptable Landfill Gas, which meets the quality parameters for methane, nitrogen, oxygen and sulfur. In accordance with our landfill O&M contractor, the landfill achieved this in late August 2022. At the same time, NED made a significant design change, as some of the landfill gas parameters such as acetone was not compatible with their original membrane technology that they were planning to use. As a result, NED also needed additional time to finalize the design and procure the Pressure Swing Adsorption (PSA) equipment for the RNG project. The initial term of the LFG agreement is for 20 years following the LFG commencement date and there are two consecutive 10 -year renewal terms included in the agreement. Based on Amendment No. 2 to the Agreement, the LPG Commencement date is June 30, 2023. NED has requested this be changed to June 30, 2024. In addition, NED requested additional changes to the Agreement which are further discussed below. Both parties have negotiated in good faith to present the attached Amendment No. 3 to the Landfill Gas Agreement for approval by the SWDD Board. Also included in this agenda item is information related to a change order at the request of NED to our High -Pressure Skid System. Analysis: Amendment No. 3 to the Landfill Gas Agreement has been prepared with the acknowledgment that the overall success of the RNG project is contingent upon both SWDD and NED working together to ensure that the goals for the quantity and quality of landfill gas are optimized to the financial benefit of both parties. The request by NED for an extension of the LFG commencement date is supported by staff with the understanding that there were reasonable reasons on both sides to justify the extension. The following summarizes the key elements of the Amendment No. 3 to the Landfill Gas Agreement: Definitions: Certain definitions were clarified and others added to avoid future misinterpretation of the agreement. Term: The initial term for this project is 20 years from the commencement date with two (2) optional ten-year renewal terms upon mutual agreement to extend the term. The commencement date is set for June 30, 2024 with a three-month cure period to September 30, 2024 to start otherwise the Agreement is terminated. Milestones: NED has agreed to the following milestones and the associated penalties if such milestones are not met: Milestone Due Date Penalty 1. Contracts for the purchase of the PSA System to include $15,000 per the gas conditioning system and nitrogen rejection unit. June 30, 2023 month 2. Air Permit, Site Plan, and Building Permit Applications $15,000 per Submittal to Regulatory reviewers. December 31, 2023 month 3. Groundbreaking of foundations. December 31, 2023 $15,000 per month 4. Commencement June 30, 2024 $15,000 per month SWDD Agenda - Amendment No. 3 to Landfill Gas Agreement with Nopetro Eco District LLC Page 147 SWDD Item Landfill Gas Amendment No. 3 has adjusted the quality parameters of what would be considered Quality: Acceptable LFG or Unacceptable LFG. Specifically, the hydrogen sulfide limit has increased in SWDD's favor from 2,000 parts per million by volume (PPMV) to 2,300 PPMV based on actual laboratory data. In addition, the nitrogen limit has increased in SWDD's favor from less than 8% to less than 12%. Payment: Due to the RNG project being more susceptible to the quality of the landfill gas and the potential that SWDD would not achieve maximum royalty payments if the SWDD provided unacceptable LFG, the royalty payments generated by the RNG project for the sale of renewable natural gas were modified to incentivize SWDD and NED. Royalty Payment: NED shall pay SWDD a royalty payment as follows based on certain quantity and quality criteria: Average Gas Flow Target Per Month % of RNG Gross Receipts (Acceptable LFG) % of RNG Gross Receipts (Unacceptable LFG) >_ 1,150 scfm 12% 10% Between 800 and 1,150 scfm 10% 8% < than 800 scfm 8% 6% At the request of NED, this Agreement includes a subordination provision. Specifically, SWDD is agreeing that royalty payments will only be subordinate to any debt service payments between Company and its financing party for the RNG Facility if the prior months' transacted RINS price as listed on RIN Trades and Price Information I US EPA (https://www.epa.gov/fuels-registration-reporting-and-compliance-help/rin-trades- and-price-information) is less than $1.25 per RIN. If subordination occurs, the Company is still obligated to accrue any royalty payments due and will begin making payments within 30 days. On day 31, interest will accrue on the unpaid balance at a 6% annualized interest rate until paid. Financial Staff has estimated that the 20 -year average annual payment of royalties from the Analysis: RNG project to SWDD could range from $340,000 to $910,000 per year. Over a 20 - year period, this could total $6.8 million to $18.2 million. High Pressure On April 5, 2022, the SWDD Board approved the agreement with Biogas Engineering Skid System: (BGE) to fabricate the HPS system for a cost of $789,000. On May 10, 2022, the SWDD Board approved Change Order No. 1 to BGE for $292,570 to add a Chiller to the HPS system to provide dry gas. On September 20, 2022, the SWDD Board approved Change Order No. 2 to BGE for $112,980 to add a Gas Chromatograph to allow SWDD to monitor the quality of the LFG. The total authorization to BGE for the fabrication of the HPS system is currently $1,194,550. NED has agreed to pay SWDD 50% of Change Order No. 1 or $146,285 within 30 days of approval of Amendment No. 3 to the LFG Agreement. Recently NED also requested that due to the change of their design to use the PSA system that they no longer need to install hydrogen sulfide vessels on our site. However, in order to protect the Chiller that they have partially invested in, NED requested that SWDD / BGE upgrade some of the design piping to be constructed from 304 Stainless Steel (SS) to 316SS. NED has agreed to pay 100% for this change SWDD Agenda - Amendment No. 3 to Landfill Gas Agreement with Nopetro Eco District LLC Page 1418 SWDD Item order to BGE and staff is including this letter as an attachment in this agenda item with approval for SWDD staff to co-sign the letter. Funding: No funding is requested in this agenda item, as this is a potential revenue project. However, to date, the SWDD Board has approved funding in support of this agreement for infrastructure upgrades such as the fabrication of the High -Pressure Skid and Chiller at a cost of $1,194,550. There will be additional cost for installation, which are estimated to be between $800,000 to $1 million. Future landfill gas quality issues may require additional equipment. Finally, operation and maintenance costs will increase to our LFG system to ensure reliable production and delivery of LFG to NED. Recommendation: Staff recommends that its Board: 1. Approve Amendment No. 3 to Landfill Gas Agreement with Nopetro Eco District, LLC (NED) and; 2. Authorize the Chairman to execute the agreement after review and approval by the County Attorney as to form and legal sufficiency. 3. Authorize Solid Waste Disposal District staff to co-sign the letter of agreement for a change order to Biogas Engineering to be funded by NED. Attachment: 1) Amendment No. 3 to Landfill Gas Agreement with IRED LLC 2) Biogas Engineering Letter of Agreement SWDD Agenda - Amendment No. 3 to Landfill Gas Agreement with Nopetro Eco District LLC Page 1419 AMENDMENT NO.3 TO LANDFILL GAS AGREEMENT This Amendment No. 3 ("Amendment") to that certain Landfill Gas Agreement (the "Agreement") by and between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida (the "District") and Nopetro Eco District, LLC, a Florida Limited Liability Company ("Assignee" or "NED") (herein referred to as, the "Company") (the District and NED each a "Party" and collectively the "Parties") is made and entered into as of , 2022 ("Effective Date"). WHEREAS, the original Agreement, dated as of July 16, 2019, was made between the District and the Indian River Eco District, LLC, a Texas limited liability company ("IRED"); and WHEREAS, the the District and IRED entered into the Agreement pursuant to which the District would deliver and IRED would accept, landfill gas from the District, which Agreement was amended twice by the Parties on July 14, 2020 ("Amendment No. 1") and May 18, 2021 ("Amendment No. 2"); and WHEREAS, the Parties entered into that certain Assignment and Assumption Agreement (the "Assignment') dated as of November 29, 2021 pursuant to which IRED assigned all of its rights and obligations under the Agreement to NED; and, WHEREAS, the Parties acknowledge that the overall success of this Agreement is contingent upon the Parties working together to ensure that the goals for the quantity and quality of landfill gas are optimized, to the financial benefit of the District and the Company; and NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to modify this agreement and all prior amendments as follows: Each capitalized term used, but not defined, in this Amendment shall have the meaning given it in the Agreement. The Landfill Gas Agreement and prior amendments are hereby amended as follows: ARTICLE 1 - DEFINITIONS Section 1.1 is amended to include and/or replace the following definition(s) (other clauses not referenced below will stay as written): Acceptable Landfill Gas or Acceptable LFG — means landfill gas meeting the quality parameters for methane, nitrogen, oxygen and sulfur as set forth in Schedule 1 hereto. Annual Contract Quantity - means the daily average of 1,150 standard cubic feet per minute ("SCFM") of Acceptable LFG delivered by the District to Company at the Delivery Point over a calendar year. Facility Capacity — means the amount of LFG that the Company is able to accept at the Delivery Point or in the case of the RNG Facility up to 1,600 SCFM. Amendment No. 3 to LFG Agreement Pagii5o Force Majeure — is amended to exclude delays caused by COVID-19. Gross Receipts — means the gross receipts received by the Company or its subsidiaries during the Term from the sale of RNG from the Facility, including any and all Environmental Attributes net of any direct or indirect operating costs incurred in the ordinary course of business including but not limited to plant utility costs, consumables, debt service, regulatory compliance, brokerage fees, transportation costs and sales taxes by the Company and its subsidiaries in connection with the RNG facility. Renewable Identification Numbers (RINS) — means the credits that are used for compliance, and are the "currency" of the Renewable Fuel Standard program. Unacceptable LFG — means landfill gas not meeting the quality parameters for methane, nitrogen, oxygen and sulfur as set forth in Schedule 1 hereto. ARTICLE 2 — TERM, RENEWAL AND MILESTONES Section 2.1 is amended to read as follows (other clauses not referenced below will stay as written): 2.1. This Agreement shall take effect on the Effective Date and continue for a period of twenty (20) years following the LFG Commencement Date (the "Initial Term"), unless terminated earlier or extended as provided herein. The Parties have agreed upon a LFG Commencement Date of June 30, 2024, unless extended as provided herein (the "LFG Commencement Date") If the LFG Commencement Date has not occured by June 30, 2024 (subject to extension by Force Majeure), Section 13.1 shall apply. Company shall meet the following milestones as a demonstration of their progress toward LFG Commencement Date: a) Contracts for the purchase of the following equipment: PSA System to include the gas conditioning system and nitrogen rejection unit. Company shall provide proof of these signed contracts to the District by June 30, 2023. b) Air Permit, Site Plan, and Building Permit Applications submittal to Regulatory reviewers by December 31, 2023. c) Groundbreaking for foundations shall occur by December 31, 2023. The above milestones shall be extended for any delays caused solely by the District in achieving such milestone acknowledged in writing by the District or by an event of Force Majeure, but only to the extent of and for the duration of any such delay. ARTICLE 3 — THE PARTIES' LFG FACILITIES Section 3.1 is amended to read as follows (other clauses not referenced below will stay as written): 3.1. District Responsibilities and Obligations. Amendment No. 3 to LFG Agreement Pag"I J. The District will accept only up to a 1,000 gallons per day of Condensate generated by the Company LFG Assets. K. The District will install a High Pressure Skid System with chiller to provide pressurized dry gas to the Company at 8 PSIG (pounds per square inch gauge). In addition, the District will be responsible for measuring and recording the quantity and quality of LFG that is delivered to Company at the Delivery Point, which is on the District's property and this information will be used to correlate Acceptable Landfill Gas with the Company. The District will, at a minimum, factory calibrate the flow and quality metering equipment at least semiannually and provide copies of those calibrations to the Company. Section 3.2 is amended to read as follows (other clauses not referenced below will stay as written): 3.2. Company Responsibilities and Obligations. I. The Company is responsible for the metering of the Condensate and providing metering records to the District on a monthly basis. The Company shall pay District lesser of $0.22 per gallon or actual operating cost for any volume over 1,000 gallons per day. This rate is subject to annual adjustments. On a quarterly basis, the Company shall sample and analyze the condensate from its equipment to verify that it is non -hazardous and provide a copy of the laboratory results to the District. The Company to identify the sample port location on the facility site plan. If it is determined to be hazardous, then the Company shall be responsible for the proper disposal of the hazardous Condensate. O. The Company commits, per the letter to the County dated April 28, 2022, to issue a payment to the District for $146,285 per Biogas Engineering's Change Order No. 1 cost related to the High Pressure Skid within 30 days of the Effective Date otherwise there will be a 5% penalty per day until it is paid. Section 3.3 C is amended as follows: C. Commercial and Environmental Improvement Projects. Without limiting District's obligations under Section 3.3 within ninety (90) days after the Effective Date, and every three (3) months thereafter, the Company and District shall meet to discuss and agree upon a recommended scope of Commercial and Environmental Improvement projects. The Parties shall work in good faith to reach a consensus plan. When and if an agreement is reached, and the District has approved any District related expenditure at its highest level of government, on the scope and terms of a Commercial and Environmental Improvement projects, the Company shall confirm the Parties' agreement by issuing a notice to District including the terms of the agreement of the Parties as to the Commercial and Environmental Improvement projects, and the Parties' proposed respective responsibilities for such improvements, which notice shall be subject to District's written acknowledgment. As of District's confirmation of the notice provided by Company, Company shall be obligated to pay for the cost of the Amendment No. 3 to LFG Agreement P-9152 Commercial and Environmental Improvement projects as reflected in the Notice. The District may elect to jointly fund some or all of the agreed Commercial and Environmental Improvement projects up to the amount agreed to be paid by the Company, but shall have no obligation to do so. Unless otherwise agreed, title to, and ownership of, the Commercial and Environmental Improvement projects shall be vested in District, and the parties shall execute such documentation as required to evidence the respective ownership of such Commercial and Environmental Improvement projects. ARTICLE 6 — LFG QUANTITY; MEASUREMENT Section 6.7 is amended to read as follows (other clauses not referenced below will stay as written): 6.7 During the term of this Agreement, the District shall not undertake any action that would: (a) temporarily or permanently divert Acceptable LFG to any other user without first offering said LFG to the Company per Section 3.2(L); or (b) permanently reduce the production of LFG at the Landfill, unless such action is (1) required by an applicable law or (2) otherwise deemed necessary and appropriate by the District for the protection of the public health, safety and welfare. After accepting 1,150 SCFM of Acceptable LFG, the Company in its sole discretion will have the option, but not the obligation, to consume the incremental 450 SCFM of Acceptable LFG at the RNG Facility (instead of use by the County at the Landfill for processing of Leachate) and the County will utilize 225 SCFM of pipeline natural gas in lieu of 450 SCFM of Acceptable LFG. In such event, the Company will reimburse the District on a monthly basis for said 225 SCFM of pipeline natural gas consumed but in no event will this volume exceed 118,260,000 SCFM in a calendar year prorated over 12 month period. Section 6.8 is amended to read as follows (other clauses not referenced below will stay as written): A. The Company shall be responsible for measuring and recording the quantity of LFG that is delivered at the Facility Location. The Company shall also measure and analyze the LFG with the Metering equipment defined in Section 6.3 at the Facility Location. The Company shall measure these parameters by using the Metering equipment and/or such other instruments as necessary and shall be solely responsible for the operation, maintenance and calibration of the meters and other equipment used to measure or test the LFG. To ensure accurate correlation of the Acceptable LFG delivered, the Company will, at a minimum, factory calibrate the flow and quality Metering equipment at least semiannually and provide copies of those calibrations to the District. B. The Company will test the incoming LFG at the Facility Location from the District on about an hourly basis over the course of each month in the following 5 categories: 1. Gas Flow in SCFM 2. Methane (CH4) % Content Amendment No. 3 to LFG Agreement Pagel 13 3. N2 % Content 4. 02 % Content 5. Sulfur (H2S) % Content If 90% or more of the readings of categories 2-5 between the District and the Company over the course of a month (ie: 30 days minimum) equal or exceed the Acceptable Landfill Gas Quality criteria in Schedule 1 of the Agreement, this will be deemed Acceptable LFG for the Month. If less than 90% of the readings equal or exceed the quality criteria, Company agrees to immediately recalibrate the specific Metering equipment of concern and then to retest the specific category that is below the quality criteria. Only then will the LFG be deemed unacceptable LFG. C. The Company agrees to provide all flow and chemistry data to the District so the District may use such information that is required by regulatory agencies for air permit reporting and District records. Section 6.9 is amended to read as follows (other clauses not referenced below will stay as written): 6.9. If Company or the District discovers that the Metering equipment are not calibrated to within 95% accuracy, they shall promptly report this information to the other Party. In such case, the applicable Party shall have the right to request and receive an equitable adjustment of the payments hereunder reflected on the first statement or invoice after the inaccuracy is identified. It is the intent of the Parties that no one should benefit unjustly as a result of an error in the calibration of the Metering equipment., Unless there are specific factual reasons to believe otherwise, the Parties shall assume that the error in the calibration of the Metering equipment increased or decreased at a uniform rate over time. ARTICLE 7 — LFG QUALITY; MEASUREMENT Section 7.6 is deleted (other clauses not referenced below will stay as written): Schedule 1 is amended as follows: SCHEDULE 1 Acceptable Landfill Gas Quality Constituent Units Minimum Methane Content >=45% Sulfur <=quarterly average of 2,300 ppmv Oxygen (02) <=2.0% Nitrogen (N2) <=12.0% ARTICLE 8 — PRICE FOR LFG AND DISTRICT CREDITS Amendment No. 3 to LFG Agreement Page Section 8.1 (B) and 8.1 (C) are deleted and replaced with a new 8.1 (B) to read as follows (other clauses not referenced below will stay as written): 8.1. Price for LFG B. The LFG Price for a Landfill Gas to RNG Facility shall be as follows: 1. On the months whereby the District provides an average gas flow greater than or equal to 1,150 scfin per month, the LFG Price for a Landfill Gas to RNG Facility, the Company shall pay to the District a royalty payment of 12% of the Gross Receipts generated by the RNG Facility from the Acceptable LFG ("RNG Gross Receipts"). If the average gas flow is greater than or equal to 1,150 scfin per month of unacceptable LFG, the Company shall pay to the District a royalty payment of 10% of RNG Gross Receipts. 2. On the months whereby the average gas flows are between 800 scfin and 1,150 scfin of Acceptable LFG, the LFG Price for a Landfill Gas to RNG Facility, the Company shall pay to the District a royalty payment of 10% of the RNG Gross Receipts. If the average gas flows are between 800 scfin and 1,150 scfin per month of unacceptable LFG, the Company shall pay to the District royalty payment of 8% of RNG Gross Receipts. 3. On the months whereby the average gas flows are less than 800 scfin of Acceptable LFG, the LFG Price for a Landfill Gas to RNG Facility, the Company shall pay to the District a royalty payment of 8% of the RNG Gross Receipts. If the average gas flows are less than 800 scfin per month of unacceptable LFG, the Company shall pay to the District royalty payment of 6% of RNG Gross Receipts. The above translated into table format is shown below where "x" is the average gas flow rate: Average Gas Flowrate SCFM Acceptable LFG Unacceptable LFG x> 1,150 12% 10% 800 < x < 1,150 10% 8% x < 800 8% 6% Notwithstanding the above, the District and the Company agree that royalty payments will only be subordinate to any debt service payments between Company and its financing party for the RNG Facility if the prior months' transacted RINS price as listed on RIN Trades and Price Information 1 US EPA (haps://www.epa. gov/fuels-registration-reportiniz-and-compliance-help/rin-trades- and_price-information) is less than $1.25 per RIN. If subordination occurs, the Company is still obligated to accrue any royalty payments due and will begin making payments within 30 days. On day 31, interest will accrue on the unpaid balance at a 6% annualized interest rate until paid. ARTICLE 9 — LFG STATEMENT AND INVOICE Amendment No. 3 to LFG Agreement Pag"15 Section 9.1 is amended to read as follows (other clauses not referenced below will stay as written): A. Monthly LFG Statement. On the fifth (5') day of each month, starting with the first full month after the LFG Commencement Date, the Company shall provide a Monthly LFG Statement to the District. The Monthly LFG Statement will be marked "Confidential" and shall identify: (1) the total amount of Acceptable LFG provided to the Facility (standard cubic feet); (2) the total amount of Unacceptable LFG provided to the Facility (standard cubic feet); (3) the daily average methane content of the Acceptable LFG and unacceptable LFG (accordingly, the Company will test the incoming LFG on approximately an hourly basis over the course of each month for methane content); (4) the calculated MMBTUs of RNG produced from the Facility for injection into the natural gas pipeline; and (5) the total amount owed to the District including documentation of RNG Gross Receipts. B. Quarterly LFG Statement. Within thirty (30) Days after the end of each Quarter, the Company shall provide a Quarterly LFG Statement to the District. The Quarterly LFG Statement shall identify: (1) the total amount of Acceptable LFG and unacceptable LFG provided to the Facility during the applicable Quarter and the average SCFM of Acceptable LFG delivered; (2) the daily average methane content of the Acceptable LFG and unacceptable LFG (accordingly, the Company will test the incoming LFG on approximately an hourly basis over the course of each month for methane content); and (3) the calculated MMBTUs of RNG produced from the Facility for injection into the natural gas pipeline; and (4) the total amount owed to the District including documentation of RNG Gross Receipts. C. Payments / Statement Submittals. All payments, statements, etc. shall be made out to and sent to the Indian River County Landfill at 1325 74th Avenue SW, Vero Beach, FL 32968 to the attention of the SWDD Managing Director. D. To the extent Company believes that the information provided to District is confidential and protected per section 815.045, Florida Statutes, and is to be Amendment No. 3 to LFG Agreement Pagef,% redacted in response to a public records request submitted to the District or Indian River County, Company shall indemnify and defend the District and Indian River County in any related litigation. ARTICLE 13 — TERNIINATION AND REMEDIES Section 13.1 is amended to read as follows (other clauses not referenced below will stay as written): 13.1 Delay in Achieving LFG Commencement Date. If the Company has not met the LFG Commencement Date as set forth in Section 2. 1, the Company will pay the District $15,000 a month as liquidated damages and not as a penalty for each month until the LFG Commencement Date has occurred or until the Agreement has terminated. If the LFG Commencement Date has not occured by September 30, 2024 (subject to extension due to Force Majeure), then this Agreement shall terminate and neither Party shall have any further rights, obligations or liabilities hereunder. A. Delay in Meeting Milestones. If the milestones listed in Section 2.1 are not met by Company, then Company shall pay District as follows: i. $15,000 per month for the first milestone not achieved (prorated for a partial month) until milestone is achieved. ii. $15,000 per month for the 2nd milestone not achieved (prorated for a partial month) until milestone is achieved. iii. $15,000 per month for the 3rd milestone not achieved (prorated for a partial month) until milestone is achieved. Milestone Payments. The total amount of remedies are payable from Company to District within thirty (30) days of invoice from District to Company. �ther sections and contents of the Agreement shall remain the same. [Refnainder of Page Intentionally Left Blank] Amendment No. 3 to LFG Agreement Pageffif7 IN WITNESS WHEREOF, District and Company hereto have executed this Amendment No. 3 as of the date first written above Attest: Jeffrey R. Smith, Clerk of Court and Comptroller LIM By Owner: Solid Waste Disposal District Indian River County, Florida Deputy Clerk Joseph H. Earman, Chairman Date Approved by SWDD: Approved By: By Company: NOPETRO ECO DISTRICT, LLC Jason E. Brown, County Administrator Print Name: Print Title: Approved as to Form and Legal Print Sufficiency By: Date: Dylan Reingold, County Attorney Amendment No. 3 to LFG Agreement Pagep" Letter of Agreement November 29, 2022 Jorge A. Herrera Chief Executive Officer Nopetro Energy 150 SE 2nd Avenue, PH1 Miami, Florida 33131 Subject: Letter Agreement for Indian River Blower Skid Design and Equipment Changes Dear Mr. Herrera, This purpose of this letter is to provide an agreement of the design changes and equipment modifications to the Indian River County High Pressure Blower Skid that are being requested by Nopetro Energy (Nopetro). This letter is a revision to the version that was sent on November 151, 2022. This letter takes into consideration the phone call I had with Mr. Steve Josephs on November 15th, 2022. Biogas Engineering (BGE) designed and is supplying certain equipment for Indian River County Solid Waste Disposal District (SWDD). BGE's design incorporated 304SS material in the design. Nopetro's technical staff has suggested to SWDD that they would prefer to have certain parts of the design constructed from 316SS instead of 304SS. BGE discussed the design with Nopetro and the provided support to the reason for the material selection and the confidence that 304SS is sufficient for the design as originally presented. However, based on Nopetro's direction of redesigning piping to 316SS and including coating on equipment that is already in fabrication, BGE has looked further in the cost and schedule implications to the project with SWDD. It is the understanding of the parties involved (SWDD, Nopetro and BGE) that Nopetro would be compensating BGE for these efforts. Along with the efforts mentioned, Nopetro is also asking BGE to include a bypass piping and manual valve in the system so that gas can be redirected so that it does not need to flow through the H2S removal vessels (to be procured by Nopetro). BGE is presenting to Nopetro a total cost for this effort of $42,000. This includes the cost to: • design the bypass piping and the bypass valve, • redesign of the filter to be constructed from 316SS (to be procured by Nopetro), • coating the necessary internal parts of the heat exchanger that is being provided by BGE, and • redesign of the piping that connects the filter and the discharge vessel from 304SS to 316SS. Note that the heat exchanger is currently in fabrication. Coating of the internals of this equipment will allow for the material to remain as 304SS. BGE will no longer look at making modifications to BIOGAS ENGINEERING Signal Hill, CA biogaseng.com +1 (562) 786 -ARP 0uoie: BOFT10420n1 Fv nik Me'r�braneq the discharge vessel and it will stay as uncoated 304SS. Below is a breakdown of the costs, which are only effective until November 22, 2022, due to current fabrication schedule. Cost Breakdown Cost Total Project Management $5,800 Engineering — by-pass valve $1,900 Engineering — equipment modifications $10,300 Drafting $10,500 Labor $28,500 3rd Party Charges- Equipment modifications $13,500 Change Order Amount $42,000 All parties need to be aware that it is estimated that a three -to -four week delay in the schedule is expected by implementing these changes. The revised delivery date would likely be the first half of March 2023. BGE proposes that, upon agreement to this letter by Nopetro, and from SWDD (as owner of the equipment that is being changed), that BGE will prepare an invoice for the 100% of the work and submit it to Nopetro. BGE payment terms are 30 days from date of invoice. Upon full execution of this agreement by both Nopetro and SWDD, BGE will begin drawing changes and work with the equipment fabricator to have the internals of the heat exchanger coated. If you have any questions, please contact me at 832-314-4418. Sincerely, Ryan Rueve Operations Manager BIOGAS ENGINEERING Email: rrueve@biogaseng.com Approvals: Nopetro Energy Indian River Solid Waste Disposal District (;�&4�- Yrs 11/29/2022 Si nature Date Signature CC: Mr. Himanshu Mehta, Managing Director, IRC-SWDD Date BIOGAS ENGINEERING Signal Hill, CA biogaseng.com +1 (562) 7867