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03/07/2023
�ORI�i 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, MARCH 7, 2023 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Michael C. Zito, Interim 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 Wesley Davis, Indian River County Property Appraiser 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Recognizing the Week of March 19-25, 2023, as National Surveyors Week Attachments: Proclamation 5.11. Presentation of Proclamation Recognizing Children's Home Society of Florida Attachments: Proclamation 5.C. Presentation of Proclamation Designating March 2023 As A Month Celebrating the Older Americans Act Nutrition Program Attachments: Proclamation March 7, 2023 Page 1 of 8 5.D. Presentation of Proclamation Dedicating the Wabasso Scrub Conservation Area Overlook in Honor of Joe Carroll Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of December 13, 2022 6.B. Regular Meeting of December 20, 2022 Attachments: 12202022 BCC Draft 6.C. Regular Meeting of January 17, 2023 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Michael T. Wyatt on his Retirement From Indian River County Board of County Commissioners Department of Utility Services/Water Production Division Attachments: Proclamation 7.B. Indian River County Venue Event Calendar Review Attachments: Venue Event Calendar 7.C. Clerk of the Circuit Clerk and Comptroller Jeffrey R. Smith announces Operation Green Light to be held March 17, 2023 through March 24, 2023 8:30 AM - 4:30 PM at the Courthouse. Attachments: Operation Green Light 2023 7.D. CSAC Main Advisory Committee - Member -at -Large Resignation Attachments: Memorandum CSAC Resignation Letter 7.E. Four County Affordable/Attainable Housing Task Team Attachments: Commissioners Memo Attachment 8. CONSENT AGENDA 8.A. Checks and Electronic Payments January 27, 2023 to February 2, 2023 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments February 3, 2023 to February 9, 2023 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments February 10, 2023 to February 16, 2023 Attachments: Finance Department Staff Report March 7, 2023 Page 2 of 8 S.D. Checks and electronic payments February 17, 2023 to February 23, 2023 Attachments: Finance Department Staff Report 8.E. Consideration of the 2023 Title VI Program Update for Public Transportation Attachments: Staff Report Title VI Program 8.F. D.R. Horton, Inc's Request for Final PD Plan/Plat Approval for a Subdivision to be known as Grande Hammock PD [PD -13-11-04 / 2013100058-91467] Attachments: Staff Report Location Map Final Plat Layout 8.G. Renewal of Agreement for Food Concession Services and Lease at Sandridge Golf Club Attachments: Staff Report Renewal Agreement 8.H. Jones' Pier Conservation Area - Modification of Existing Purchase Order to Accommodate Unforeseen Work Associated with the Elevation of the Historic Bungalow Attachments: Staff Report Change order 8.I. Jones' Pier Conservation Area - Architectural & Structural Plan Modifications; Donadio Amendment No. 2 to Work Order No. 3 Attachments: Staff Report Amendment No 2 to WO 3 Contract Addendum 8.1 Miscellaneous Budget Amendment 03 Attachments: Staff Report 2022 2023 Resolution Exhibit "A" 8.K. Donation of Laptops to North Port Florida Fire Rescue District Attachments: Staff Report 8.L. Award of Bid 2023024 - Annual Bid for Bulk Carbon Dioxide Attachments: Staff Report March 7, 2023 Page 3 of 8 8.M. Award of Bid 2023027 - Relocation of Lakes Course #10 Tee Attachments: Staff Report Agreement 8.N. Resolution Cancelling Taxes Attachments: Staff Report Resolution Cancelling Taxes Warranty Deed 8.0. Work Order No. 5- Andersen Andre Consulting Engineers, Incl lth Drive & 37th Street Roadway and Intersection Improvements Project, Geotechnical Testing Services (IRC -2001) Attachments: Staff Report Work Order No. 5 S.P. Change Order No. 1 -Release of Retainage 66th Avenue and 8th Street Signalization Improvements IRC -2002 Attachments: Staff Report Change Order No. 1 8.Q. Extension of the Memorandum of Understanding between Indian River County and Sebastian Inlet District for Coordination of Supplemental Downdrift Nourishment and Related Coastal Activities Attachments: Staff Report Extension of MOU 2013 Original MOU Between County and District 2019 Renewal of MOU 8.R. Timothy Rose Contracting, Inc. proposed donation of 110 pieces of Barrier Wall Attachments: Staff Report Material Donation Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Property Appraiser Wesley Davis re: New Tax Distribution Feature on Property Appraiser's website Attachments: Property Appraiser Memo 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS March 7, 2023 Page 4 of 8 10.11.1. Request to Speak from Ms. Sylvia Telezinski re: Widening the North End of Old Dixie to 2 Full Lanes Attachments: Request to Speak S. Telezinski 10.B.2. Request to Speak from Bill Rigby, West Wabasso Progressive Civic League re: Shared Usage of the Old Douglas School Building Attachments: Request to Speak B. Rigby C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing for March 28, 2023, to Consider an Ordinance Concerning Residency Requirements for Registered Sex Offenders Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Consideration of the Purchase of County -Owned Property to Remedy Private Encroachments on Lot 8, Block E, Unit L of Vero Lake Estates Attachments: Staff Report June 27, 2022, Order Finding Violation Survey of Lot 8 and Lot 9 of VLE Unit L, Block E Aerial Map Lot 8 & Lot 9, eight lots in VLE Street -view of 7985 100th Av, Dec 2007 and Sept 2022 B. Emergency Services C. General Services 12.C.1. South Oslo Riverfront Conservation Area - FDEP Resiliency Grant and Development of a Cost -Share Agreement with the St. John's River Water Management District Attachments: Staff Report Agreement 12.C.2. Indian River County Environmental Bond - Review Committee Selection Process Attachments: Staff Report D. Human Resources 12.D.1. Place Holder - County Administrator Selection Attachments: Staff Report Straw Preference Poll for County Administrator March 7, 2023 Page 5 of 8 E. Information Technology F. Office of Management and Budget 12.F.1. Children's Services Funding Allocation for Fiscal Year 2023/24 Attachments: Staff Report Children's Services Funding History G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Authorization to proceed with foreclosures on Code enforcement cases 2022030038 (Denyes) Attachments: Staff Report Recorded order Imposing Fine Denyes Deed 2-3-23 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman 14.A.1. Discussion on Development of Dredge Material Management Areas (DMMAs) Attachments: Commissioner's Memo 14.A.2. Discussion on Relocation of the Northern Beach Sector 7 Boundary from R-97 to R-99 Attachments: Commissioner's Memo 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 15.11.1. Approval of the Solid Waste Disposal District Meeting Minutes of December 20, 2022 15.B.2. Approval of the Solid Waste Disposal District Meeting Minutes of January 17, 2023 March 7, 2023 Page 6 of 8 15.B.3. Twentieth Amendment to Republic Services Attachments: Staff Report Twentieth Amendment to Republic Services 15.B.4. Residential Paper Shredding Event on April 15, 2023 Attachments: Staff Report Paper Shredding Event Flyer Contract Memorandum of Understanding 15.B.5. Final Pay to Kimley-Horn Work Order No. 43 - Annual Financial Reports Attachments: Staff Report KHA Project Completion Report and Final Invoice 15.B.6. Change Order to Crom Corporation Attachments: Staff Report Letter of Recommendation from KHA Change Order from Crom Corporation 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.irc og v.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. March 7, 2023 Page 7 of 8 Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6. 00p.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. March 7, 2023 Page 8 of 8 Proclamation RECOGNIZING THE WEEK OF MARCH 19-25, 2023, AS NATIONAL SURVEYORS WEEK -Whereas, land surveyors are counted among the founding leaders of our country and were instrumental in the layout of property boundaries in the United States, providing our citizens the opportunity to enjoy the American Dream of property ownership; and -Whereas, United States Presidents Washington, Jefferson, Adams, and Lincoln all served as surveyors, contributing to the historical mapping of America in its early years; and -Whereas, the surveying profession requires special education, training, knowledge of mathematics and related physical and applied sciences, and requirements of law for evidence; and `Whereas, surveyors are uniquely qualified and licensed to determine and describe land and water boundaries for the management of natural resources and protection of private and public property rights; and -Whereas, continual advancements in instrumentation have required surveyors to not only understand and implement the methods of the past, but also to learn and employ modern technology as changes occur through the years; and -Whereas, the citizens of Indian River County recognize the valuable contributions of the surveying profession to land development and quality of life throughout our county, and make important decisions based on the knowledge and expertise of licensed surveyors and mappers. Naw, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that the week of March 19-25, 2023, is recognized as "National Surveyors Week" in Indian River County, and the Board encourages all citizens to applaud the many contributions and ongoing dedication of surveyors to our community and the United States. Adopted this 7th day of March, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss 1 ProcCamatw"n RECOGNIZING CHILDREN'S HOME SOCIETY OF FLORIDA -Whereas, Children's Home Society of Florida opened its doors on November 17, 1902, tc provide a safe home and loving care to the growing population of abandoned and homeless children, thus solving an intense societal challenge; and -Whereas, Children's Home Society of Florida has grown from a team of two caring for 24 children to a team of more than 1,000 empowering more than 50,000 children and family members to cross bridges to success every year, with more than 80,000 served last year alone; and -Whereas, Children's Home Society of Florida has been the leader in enacting change for children, from driving policy establishing child labor laws and compulsory education laws to fiercely advocating for children's rights in foster care and developing innovative solutions that turn odds into opportunities for children and their parents; and -Whereas, Children's Home Society of Florida led the movement to bring the innovative Community Partnership SchoolsTM model to Dodgertown Elementary School, creating opportunities for students to receive greater access to healthcare, counseling, nutrition, enrichment, and more; and -Whereas, Children's Home Society of Florida provides safety and opportunity to hundreds of local children involved in the foster care system annually, bringing families back together through safe reunification and creating forever families through adoption, with an impact felt throughout Indian River County and all of Florida. Wow, 11herefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that the Board hereby recognizes Children's Home Society of Florida for their significant accomplishments and urges all citizens to recognize the good work being done by Children's Home Society of Florida to help create a world where all children may realize their full potential. Adopted this 7th day of March, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss 2 DESIGNATING MARCH 2023 AS A MONTH CELEBRATING THE OLDER AMERICANS ACT NUTRITION PROGRAM -Whereas, on March 22, 1972, President Nixon signed into law a measure that amended the Older Americans Act of 1965 to include a national nutrition program for individuals 60 years and older. For over 50 years, this landmark law has helped to fund community-based organizations, like Meals on Wheels, and it is still the only federal program designed specifically to meet the nutritional and social needs of older adults; and -Whereas, each year, Meals on Wheels programs from across the country join together for the March for Meals awareness campaign to celebrate its success and garner the support needed to ensure these critical programs can continue to address food insecurity and malnutrition, combat social isolation, enable independence, and improve health for years to come; and -Whereas, Meals on Wheels programs in Indian River County have served our communities admirably for over 48 years and in the past year have provided 106,197 meals to 783 clients. Volunteers for Meals on Wheels programs in Indian River County are the backbone of the program and in the past year, 214 individuals volunteered a total of 21,378 hours delivering nutritious meals to seniors and individuals with disabilities who are at significant risk of hunger and isolation, but also caring concern and attention to their welfare. Now, 7 erefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that March 2023, is designated as a month celebrating the Older Americans Act Nutrition Program and urge every community member to take this month to honor our Meals on Wheels programs, the seniors they serve and the volunteers who care for them. Adopted this 7th day of March, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ProcCamation DEDICATING THE WABASSO SCRUB CONSERVATION AREA OVERLOOK IN HONOR OF JOE CARROLL -Whereas, Joe Carroll, over a long public sector career, served in the U.S. Army during World War II and later worked at the U.S. Fish and Wildlife Service to conserve wildlife and habitat; and -Whereas, until his passing on October 14, 2022, Joe had served on the County's Conservation Lands Advisory Committee, maintained an active membership in both the Florida Native Plant Society and the Pelican Island Audubon Society, and co-founded the IRC JayWatch Program, which uses volunteers to track the population of Florida Scrub -jays; and -Whereas, the Wabasso Scrub Conservation Area, or WSCA, was one of several scrub -jay lands that Joe tirelessly monitored for the County, featuring an overlook of a beautiful wetland with the opportunity to hear scrub -jays in their natural habitat; and -Whereas, since the Sebastian Area -Wide Florida Scrub jay Habitat Conservation Plan was approved by the U.S. Fish and Wildlife Service in the year 2000, the conservation and management of WSCA has been an integral component of mitigating for the incidental take of Florida Scrub -jays within platted lots of the Sebastian Highlands; and -Whereas, the WSCA has also been utilized as a recipient site for relocated Florida gopher tortoises that, along with scrub -jays, are often considered "keystone" species whose presence plays a major role in maintaining the composite balance of species in an area; and -Whereas, on October 19, 2021, the Board of County Commissioners approved a motion to name the WSCA wetland overlook after Joe, with the official ribbon cutting taking place on March 17, 2023. Now, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that the Board dedicates the Wabasso Scrub Conservation Area overlook to the memory of Joe Carroll, who in both his professional and private lives spent decades working to preserve scrub - jay habitats and the plants and animals that live in these vital areas. Adopted this 7th day of March, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss 4 Procfamatt0n HONORING MICHAEL T. WYATT ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SERVICES/WATER PRODUCTION DIVISION -Whereas, Mike Wyatt retired from Indian River County, Department of Utility Services, Water Production Division effective March 9, 2023; and -Whereas, Mike Wyatt began his career with Indian River County on July 19, 1999, as a Maintenance Worker V in the Public Works Department/Road & Bridge division. He was thea transferred to Utilities Service Worker in the Department of Utility Services/Water Distribution division on February 2, 2001. He was then transferred to Wastewater Collection as a Utilities Service Worker on February 14, 2003. On December 19, 2003, he was promoted to Water Plant Operator Trainee in the Water Production division and worked his way up, becoming a Water Plant Operator C on April 22, 2005, a Water Plant Operator B on November 2, 2007 and then Chief Operator on July 15, 2014, where he continued in that capacity until his retirement; and -Whereas, Mike Wyatt has served this County and the Public with distinction and selflessness. During his almost 24 years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and Naw, TFierefore, be it Proclaimed dy the Board of County Commissioners of Indian River County, ,Corin that the Board applauds Mike Wyatt's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last 24 years; and Be It Further Proclaimed that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 7th day of March, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman 5 Indian River County Venue Event Calendar — March 2023 For more www.ircgov.com EXTREME SURVIVAL Tuesday, March 7 @ North County Library • 2:00pm-3:00pm. FREE ➢ New York Times best selling author Michael J. Tougias presents a narrated slide presentation for his newest book, Extreme Survival: Lessons from those who triumphed against all odds. ➢ For more information call 772-400-6360 or go to libraries.ircgov.com. YOUTH CO-ED BASEBALL Registration closes March 12. Cost $45 ➢ T -ball, coach pitch and kid pitch ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. VOLUNTEER CLEAN-UP AT HALLSTROM FARMSTEAD CONSERVATION AREA March 11 @ Hallstrom Farmstead Conservation Area • 9:00am-12:00pm. FREE ➢ In preparation for the opening of this wonderful Conservation Area we are having a volunteer clean-up day. Supplies will be provided. ➢ For more information call 772-226-1772 or go to ircgov.com/Departments/General_Services/Parks/Conservation/Hallstrom_Farmstead. PICKLEBALL FOR TEENS OPEN GYM March 11, 18 and 25 @ iG Center • 5pm-8pm. FREE ➢ Community sponsors are generously underwriting the open gym -fee for each participant. Come for a fun night to learn and play pickleball. Equipment provided. ➢ Call 772-226-1780 for more information or go to ircgov.com/ParksandRecjreation. FIREFIGHTERS FAIR March 11-19 @ IRC Fairgrounds ➢ Indian River County Firefighters Fair will be celebrating a long history of uncovering smiles, laughter and community spirit. Exciting performances, food, exhibits and great entertainment. ➢ For more information go to firefightersfair.org 6 I FOLK SONGS OF FLORIDA Tuesday, March 14 @ North County Library • 6:00pm-7:00pm. FREE ➢ Bob Lusk entertains us with a variety of historical and regional folk songs:of Florida. ➢ For more information call 772-400-6360 or go to libraries.ircgov.com CHILDREN'S ST. PATRICK'S DAY PARTY Thursday, March 16 @ Main Library • 6:00pm-7:00pm. FREE -. ➢ Join us for St. Patrick's Day themed games, craft and activities. Ages 5-12. Registration is not required. ➢ For more information call 772-400-6318 or go to libraries.ircgov.com. JOE CARROLL DEDICATION AT WABASSO SCRUB CONSERVATION AREA Friday, March 17 @ West Wabasso Park • 10:00am. FREE ➢ Ribbon cutting and dedication ceremony of the new wetland overlook. ➢ For more information call 772-226-1780. SENIOR EXPO Thursday, March 23 @ IRC Fairgrounds • 9:00am-2:00pm. FREE ➢ Discover the many options for seniors in Indian River County, from healthcare to cultural events. ➢ Speakers, food trucks, free parking and shuttle service. ➢ For more information go to seniorservicesirc.org. COMMUNITY DRUM CIRCLE WITH TREASURE COAST PERCUSSION Wednesday, March 29 @ Brackett Library • 6:00pm-7:00pm. FREE ➢ No experience necessary. All ages welcome. Drums will be provided or you can bring your own. ➢ For more information call 772-400-6366 or go to libraries.ircgov.com. CRAFT SUPPLY SWAP Friday, March 31 @ Brackett Library • 12:00pm-3:00pm. FREE ➢ Bring and take a new craft. Items for the swap may be dropped off at the Brackett Library beginning March 1St. Only items that are in good condition. ➢ Early bird tickets will be given to people who bring items for the swap. ➢ For more information call 772-400-6366 or go to libraries.ircgov.com. 7 ADULT BASKETBALL SPRING LEAGUE • Registration closes April 12. Cost $475 per team. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. ADULT OPEN GYM BASKETBALL Mon and Wed @ iG Center • 4pm-8:30pm. Cost $6 Tues and Thurs @ iG Center • 9am-2pm. Cost $6 ➢ Unstructured activity time where the gymnasium is available to adults (18 and over) to practice skills, shoot hoops, and play pick-up games. . ➢ Call 772-226-1780 for more information or go to ircgov.com/ParksandRecreation. AQUAFIT Tues, Wed and Thurs @ North County Aquatic Center • 9:30am-10:30am. Cost $4 ➢ Through low impact and high resistance power of the water, participants will improve cardiovascular capabilities, muscle tone, increase balance and improve general health. ➢ Flotation belts and water barbells are available at no charge. ➢ For more information call 772-226-1174 or go to ircgov.com/ParksandRecreation. COLORING & COFFEE Tuesdays @ iG Center • 9am-10am. Cost $1 ➢ Looking for a way to unwind and reduce stress? Join us for a morning of relaxation through coloring. Materials provided. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. GENTLE CHAIR YOGA Tues and Thurs @ iG Center • 12pm-fpm. Cost $5 ➢ Designed to improve flexibility and strengthen muscles while using a chair for support. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. HOMESCHOOL PE Tuesdays @ iG Center • 3pm-4pm. Cost $3. Limited spots ➢ A great chance for children between the ages of the 4-10 to exercise and make new friends. ➢ Teaching children valuable life skills i.e. teamwork, fairness, and good sportsmanship. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. IRC STEEL CHALLENGE Last Friday of every month @ IRC Shooting Range • 9am. Cost $21.40 includes standard pistol and rifle ranges. ➢ Allows shooters to test their abilities on steel targets and practice their magazine reloads in the process. No registration required. ➢ For more information call 772-226-3096. MAT PILATES Tues and Thurs @ iG Center • 9:15am-10:15am. Cost $12 ➢ Exercises are structured using special equipment designed to improve strength, flexibility; posture and enhance mental awareness. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. OPEN PLAY PICKLEBALL Mon, Wed and Fri @ iG Center • 9am-12pm and 12:30pm-3:30pm. Cost $3 Saturdays @ iG Center • 9am-12pm. Cost $3 ➢ Pickleball is played in the gymnasium (6 courts) as either singles or doubles with a paddle and a plastic whiffle ball. Please bring your own equipment. ➢ Call 772-226-1780 for more information or go to ircgov.com/ParksandRecreation. PRE-SCHOOL TUMBLING Fridays @ iG Center • 10:15am, fpm and 4pm. Cost $3 ➢ Preschool tumbling is a great start for ages 4-5. Children are taught basic tumbling:skills such as forwards/backwards rolls, handstands, and cartwheels. ➢ They will also improve self-confidence, basic skills, strength, flexibility and balance. Spaces are limited sign up quickly! ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. RIMFIRE CHALLENGE Last Saturday of every month @ IRC Shooting Range • 9am. Cost $12.60 standard range fee ➢ Open to all levels of shooting enthusiasts. It can be for fun, personal improvement or in preparation for a competition. No registration required. ➢ For more information call 772-226-3096. SHINE DANCE WITH CRYSTAL Saturdays @ iG Center • 9:30am-10:30am. Cost $10 ➢ Full body cardio and toning workout based in traditional jazz, ballet and hip-hop. ➢ Get ready to sweat, smile, shimmy and shake your worries away. WalkAfit welcome. ➢ For more information call 772-226-1780 or register online at irCgov.corn/PerksandRecrea§on. SENIOR WELLNESS PROGRAM WITH SANDY Mon, Wed and Fri @ iG Center • 10am-11:30am. Free ➢ Special programming for our 55+ community to have social interaction and light activity. Activities can be adapted to ability levels and interests. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. SENIOR WELLNESS — DANCING TO MUSIC Thursdays @ iG Center • 10:30am—11:30am. Free ➢ Similar to our regular Senior Wellness Program for 55 + but with fun dancing music to spice it up a notch. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. STRETCH & FLEX Tues and Thurs @ iG Center • 9:30am—10:30am. Cost $5 ➢ Great cardiovascular workout set to music. Helps build endurance and strengthens the heart. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. THURSDAY NIGHT LIGHTS Thursdays @ IRC Shooting Range • 5pm-9pm. Cost $8 per round ➢ We light up the fields for a fun skeet -trap night activity. No registration required. ➢ For more information call 772-226-3096. UP BEAT BOXING Tues and Thurs @ iG Center • 3pm-4pm. FREE ➢ Boxing fitness class geared for ages 55 +. Held twice a week to get you out, active and UP- BEAT! Walk-ins welcome. ➢ For more information call 772-226-1780. YOGA LATES Tues and Thurs @ iG Center • 10:30am-11:30am. Cost $5 ➢ Mix between Yoga and Pilates. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. 10 YOUTH OPEN GYM BASKETBALL Tue and Thurs @ iG Center • 4pm-8:30pm. Cost $2 Saturdays @ iG Center • 1pm-4pm. Cost $2 ➢ Unstructured activity time where the gymnasium is available to adults (17 and under) to practice skills, shoot hoops, and play pick-up games. ➢ Call 772-226-1780 for more information or go to ircgov.com/ParksandRecreation. ZUMBA Thursdays @ iG Center • 6pm-7pm. Cost $10 ➢ Join us for a full body workout that combines all elements of fitness, muscle conditioning, balance and flexibility. The perfect energy booster. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. MOMMY SON DANCE • Saturday, May 13 ➢ SAVE THE DATE 11 -- INDIAN RIVE RC'OUNTY CLERK O� COURTS OPERATION A UkIlv ER OCENSE REINS TATEMENI DAYS EVEN I Suspended license? Outstanding fines? Operation Green Light is your chance to: SAVE MONEY I business hours on weekdays. There will be no in person option on Saturday and Sunday; however, online payments will still be accepted. OPER^ W. MM Need more Mrtation? Visit www. i ndlanRiverCi erk.Mn Contact us today: -226-3188 AYoung@clerk.indian-river.org 70 March 07, 2023 Informational Item 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 23, 2023 SUBJECT: CSAC Main Advisory Committee — Member -at -Large Resignation FROM: Maura Stokes, Commissioner Assistant Informational Item: Please be advised that Susan Blaxill-Deal has resigned from the Children's Services Advisory Committee — Main Committee. Ms. Blaxill-Deal held the position of `Member at Large' since January 12, 2021. Pursuant to Ordinance 2022-007, with the exception of one, members cannot serve on both the advisory committee and a sub -committee at the same time. Ms. Blaxill-Deal will continue to serve on the CSAC Grant Subcommittee. Attachment: Resignation Letter 14 Board of County Commissioners Administration Complex 180127 Ih Street Building A — 2nd Floor Vero Beach, FI. 32960 February 2,2023 Dear Board of County Commisioners, I am writing you to tender my resignation from the CSAC Advisory Committee. I was appointed January 21, 2021 as a member at large for a four year term. I an resigning because I believe that I can best serve the county on the Grant subcommittee, and under the new ordinance passed in 2022 1 am not able to serve on both committees. Thank you for appointing me to the CSAC Advisory Committee I enjoyed my brief tenure, Regards, Susan Blaxill-Deal 15 March 7, 2023 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 7, 2023 SUBJECT: Four County Affordable/Attainable Housing Task Team FROM: Joseph H. Earman Commissioner, District 3 During the Four County Commission meeting held in January the establishment of a task team was discussed in order to develop recommendations for the affordable housing issue. A representative was solicited from each County to participate on the Task Team. Vice Chairman Susan Adams has agreed to be our representative to the Four County Affordable/Attainable Housing Task Force. 16 � V M E MORANOUM JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 2, 2023 M SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 27, 2023 to February 2, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of January 27, 2023 to February 2, 2023. iR CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 432579 02/02/2023 JOSEPH EARMAN 193.93 432580 02/02/2023 MICHAEL ZITO 26.70 432581 02/02/2023 RACE TO SAFETY TRAINING LLC 225.00 432582 02/02/2023 SHELBY BALL 50.64 432583 02/02/2023 LAURAYONKERS 34.45 432584 02/02/2023 AMERICAN INSTITUTE FOR CHARTERED PROPERTY 426.25 432585 02/02/2023 KATHY COPELAND 802.81 432586 02/02/2023 MASON KOZAC 30.00 432587 02/02/2023 DARYL LOAR 32.13 432588 02/02/2023 AT&T CORP 1,273.52 432589 02/02/2023 AT&T CORP 1,704.72 432590 02/02/2023 GEOSYNTEC CONSULTANTS INC 7,838.95 432591 02/02/2023 MORGAN & EKLUND INC 72,350.00 432592 02/02/2023 FLORIDA POWER AND LIGHT 8,524.89 432593 02/02/2023 UNITED HEALTH CARE INS COMPANY 179.19 432594 02/02/2023 CIGNA 318.00 432595 02/02/2023 BLUE CROSS BLUE SHIELD 913.28 432596 02/02/2023 BANK OF NEW YORK 962.50 432597 02/02/2023 JOBEAR CONTRACTING INC 84,890.10 432598 02/02/2023 RICHARD KAELIN 100.00 432599 02/02/2023 DOUGLAS W TUTTLE PA 431.68 432600 02/02/2023 DAWN BIEHL 178.06 432601 02/02/2023 ROBERT THOMAS 105.18 432602 02/02/2023 D R HORTON INC 1,559.21 432603 02/02/2023 REHIVIANN GROUP LLC 40,000.00 432604 02/02/2023 SOUTHERN MANAGEMENT LLC 6,803.20 432605 02/02/2023 CENTERLINE UTILITIES INC 48,203.95 432606 02/02/2023 CHANGE HEALTHCARE LLC 41,954.74 432607 02/02/2023 NVR INC 81.75 432608 02/02/2023 CONSOR ENGINEERS LLC 49,613.53 432609 02/02/2023 WEX HEALTH INC 5,739.70 432610 02/02/2023 BULK EXPRESS TRANSPORT INC 3,976.32 432611 02/02/2023 ANTHONY DURANTE 42.82 432612 02/02/2023 RIVERVIEW CONSTRUCTION INC 180.00 432613 02/02/2023 STEPHEN & SHELLY RYAN 10,000.00 432614 02/02/2023 JOHN SPADARO 105.50 432615 02/02/2023 JOSEPH NOBEL JR 150.00 432616 02/02/2023 SMITH MARJORIE 107.26 432617 02/02/2023 RHESA SHAW 106.62 432618 02/02/2023 MARY J WHITE 101.33 432619 02/02/2023 NANCY ZANOTTI 270.00 432620 02/02/2023 RICHARD URBAN 104.86 432621 02/02/2023 ROBERT HAMEISTER 95.23 432622 02/02/2023 RUTH MCCLOUD 105.34 432623 02/02/2023 SANDY WARD 588.80 432624 02/02/2023 SHARYN D CASSINARY 325.00 432625 02/02/2023 TED BAKER 142.38 432626 02/02/2023 TRICARE EAST REGION 265.73 432627 02/02/2023 ZAKRYA HAWA 198.55 432628 02/02/2023 CAROL SIMPSON 82.68 432629 02/02/2023 CAROLE COVIELLO 109.99 432630 02/02/2023 CHARLENE HYNESBEACHEM 208.35 432631 02/02/2023 CHARLES J WELLING 50.59 432632 02/02/2023 DELORIS NEUBAUAR 20.00 432633 02/02/2023 DONNA J BERTRAND 451.20 432634 02/02/2023 ELGIN C NORRIS JR 530.00 �, TRANS NBR DATE VENDOR AMOUNT 432635 02/02/2023 GERTRUDE BRADLEY 4.70 432636 02/02/2023 ISABELLE EPPS 270.00 432637 02/02/2023 JAY E BARRY 103.41 432638 02/02/2023 JOHN MAYER 104.05 432639 02/02/2023 OLD DIXIE 4086 LLC 90,000.00 432640 02/02/2023 STURGIS LUMBER & PLYWOOD CO 27.90 432641 02/02/2023 SSES INC 5,567.27 432642 02/02/2023 TEN -8 FIRE EQUIPMENT INC 1,504.24 432643 02/02/2023 RANGER CONSTRUCTION IND INC 745.36 432644 02/02/2023 VERO CHEMICAL DISTRIBUTORS INC 890.18 432645 02/02/2023 MUNICIPAL EQUIPMENT COMPANY LLC 13,300.81 432646 02/02/2023 RICOH USA INC 854.45 432647 02/02/2023 HENRY SCHEIN INC 1,088.94 432648 02/02/2023 SAFETY PRODUCTS INC 4,121.52 432649 02/02/2023 DATA FLOW SYSTEMS INC 8,743.97 432650 02/02/2023 PARALEE COMPANY INC 1,178.36 432651 02/02/2023 E -Z BREW COFFEE & BOTTLE WATER SVC 91.00 432652 02/02/2023 INDIAN RIVER BATTERY 1,815.45 432653 02/02/2023 GRAINGER 115.81 432654 02/02/2023 TEMPLE INC 3,281.00 432655 02/02/2023 HACH CO 1,401.91 432656 02/02/2023 LFI FORT PIERCE INC 1,468.80 432657 02/02/2023 CLIFF BERRY INC 448.00 432658 02/02/2023 AVERY DENNISON CORPORATION 1,591.20 432659 02/02/2023 BOUND TREE MEDICAL LLC 19,235.00 432660 02/02/2023 EXPRESS REEL GRINDING INC 2,830.00 432661 02/02/2023 ABCO GARAGE DOOR CO INC 52.00 432662 02/02/2023 DELL MARKETING LP 14,640.40 432663 02/02/2023 GOLF SPECIALTIES INC 3,300.75 432664 02/02/2023 MIDWEST TAPE LLC 266.41 432665 02/02/2023 NORTHERN SAFETY CO INC 170.90 432666 02/02/2023 ODYSSEY MANUFACTURING CO 10,498.95 432667 02/02/2023 BAKER DISTRIBUTING CO LLC 29.08 432668 02/02/2023 JIMMYS AIR & REFRIGERATION INC 744.78 432669 02/02/2023 CLERK OF CIRCUIT COURT 759.00 432670 02/02/2023 CITY OF VERO BEACH 1,550.91 432671 02/02/2023 HOME DEPOT USA INC 49.94 432672 02/02/2023 FLORIDA DEPT OF TRANSPORTATION 24.20 432673 02/02/2023 WAL MART STORES EAST LP 636.00 432674 02/02/2023 UNIVERSITY OF FLORIDA 800.00 432675 02/02/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 57.23 432676 02/02/2023 COMO OIL COMPANY OF FLORIDA 120.00 432677 02/02/2023 FAMOSO INC 121.44 432678 02/02/2023 FLORIDA POWER AND LIGHT 121,375.61 432679 02/02/2023 FLORIDA POWER AND LIGHT 34,419.93 432680 02/02/2023 WALTER KOMARNICKI SR 150.00 432681 02/02/2023 COMPLETE ELECTRIC INC 1,580.00 432682 02/02/2023 NATIONAL ASSOC OF COUNTY PARK 90.00 432683 02/02/2023 IRC HEALTHY START COALITION INC 10,018.94 432684 02/02/2023 WATER TREATMENT & CONTROLS CO 688.70 432685 02/02/2023 HENRY SMITH 150.00 432686 02/02/2023 IRONSIDE PRESS LLC 81.59 432687 02/02/2023 ELXSI INC 2,524.74 432688 02/02/2023 INTERNATIONAL ASSOC OF EMERGENCY MANAGERS 199.00 432689 02/02/2023 ECONOLITE CONTROL PRODUCTS INC 4,079.66 432690 02/02/2023 FLORIDA SECTION IMSA 800.00 432691 02/02/2023 HULETT ENVIRONMENTAL SERVICES 332.00 432692 02/02/2023 FASTENAL COMPANY 622.08 432693 02/02/2023 SOUTHERN JANITOR SUPPLY INC 2,777.59 20 TRANS NBR DATE VENDOR AMOUNT 432694 02/02/2023 JACKS COMPLETE TREE SERVICE INC 1,950.00 432695 02/02/2023 GERELCOM INC 14,494.90 432696 02/02/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 461.83 432697 02/02/2023 JOHNNY B SMITH 50.00 432698 02/02/2023 DANE MACDONALD 225.00 432699 02/02/2023 MENTAL HEALTH ASSOCIATION IRC INC 14,408.29 432700 02/02/2023 FIRE FACILITIES INC 2,593.75 432701 02/02/2023 FISHER & PHILLIPS LLP 236.00 432702 02/02/2023 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 175.00 432703 02/02/2023 PETER J CASSARA 1,680.00 432704 02/02/2023 TRADEWINDS POWER CORP 1,112.46 432705 02/02/2023 STAT MEDICAL DISPOSAL INC 205.00 432706 02/02/2023 THOMPSONS REMODELING & HOME REPAIR INC 692.00 432707 02/02/2023 FLORIDA ARMATURE WORKS INC 2,900.31 432708 02/02/2023 XYLEM WATER SOLUTION USA INC 9,377.10 432709 02/02/2023 VERO BEACH PARTNERSHIP 400.00 432710 02/02/2023 MUNICIPAL EMERGENCY SERVICES INC 2,942.50 432711 02/02/2023 BURNETT LIME CO INC 11,724.58 432712 02/02/2023 BURNETT LIME CO INC 1,587.75 432713 02/02/2023 ATLANTIC ROOFING II OF VERO BEACH INC 1,400.00 432714 02/02/2023 LEARNING ALLIANCE 1,623.61 432715 02/02/2023 STEWART & STEVENSON FDDA LLC 1,552.29 432716 02/02/2023 STS MAINTAIN SERVICES INC 14,420.15 432717 02/02/2023 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 432718 02/02/2023 HAWKINS INC 1,512.00 432719 02/02/2023 INDIAN RIVER LACROSSE ASSOCIATION INC 3,600.00 432720 02/02/2023 CATHEDRAL CORPORATION 415.50 432721 02/02/2023 UNIFIRST CORPORATION 1,056.30 432722 02/02/2023 CDA SOLUTIONS INC 180.00 432723 02/02/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 5,864.38 432724 02/02/2023 HYDROMAX USA LLC 48,338.50 432725 02/02/2023 BARSALOU VENTURES LLC 2,952.89 432726 02/02/2023 COLE AUTO SUPPLY INC 632.33 432727 02/02/2023 ADVANCED ROOFING INC 5,013.00 432728 02/02/2023 DAVE FORD PAINTING INC 26,552.00 432729 02/02/2023 NESTLE WATERS NORTH AMERICA 220.43 432730 02/02/2023 GOVDIRECT INC 136,350.08 432731 02/02/2023 CORE & MAIN LP 19,427.79 432732 02/02/2023 DIRECTV GROUP INC 86.99 432733 02/02/2023 AMAZON CAPITAL SERVICES INC 1,345.56 432734 02/02/2023 TREASURE COAST PLUMBING LLC 160.50 432735 02/02/2023 PACE ANALYTICAL SERVICES LLC 257.26 432736 02/02/2023 AMERIGAS PROPANE LP 3,273.87 432737 02/02/2023 DAVID MIKE 145.00 432738 02/02/2023 JORDAN POWER EQUIPMENT CORP 832.56 432739 02/02/2023 MULLINAX FORD OF VERO BEACH 303.00 432740 02/02/2023 R&S RADIO LLC 400.00 432741 02/02/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 629.31 432742 02/02/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 323.79 432743 02/02/2023 MILTON MAYBERRY ENTERPRISES INC 4,905.00 432744 02/02/2023 BLUE GOOSE CONSTRUCTION LLC 1,689.71 432745 02/02/2023 STAPLES INC 573.72 432746 02/02/2023 LOWES COMPANIES INC 5,441.75 432747 02/02/2023 ROBERT A HUDSON 75.00 432748 02/02/2023 LANE MAC LEAN 2,480.00 432749 02/02/2023 THEODORE SEMI 625.00 432750 02/02/2023 QUADMED INC 2,214.00 432751 02/02/2023 BRITTON INDUSTRIES INC 399.51 432752 02/02/2023 SAMBERG CONSTRUCTION & DEVELOPMENT LLC 4,929.85 21 TRANS NBR DATE VENDOR AMOUNT 432753 02/02/2023 LAWRENCE F WALLIN 75.00 432754 02/02/2023 ELECTRONIC SECURITY & TECHNOLOGY INC 274.88 432755 02/02/2023 HIREQUEST LLC 4,565.79 432756 02/02/2023 AMERICAN BACKFLOW PRODUCTS COMPANY 460.02 432757 02/02/2023 PIVOTAL UTILITY HOLDINGS INC 48.85 432758 02/02/2023 STRATEGIC GOVERNMENT RESOURCES INC 11,750.00 432759 02/02/2023 SHRIEVE CHEMICAL CO LLC 3,970.95 432760 02/02/2023 BTAC HOLDING CORP 10,417.37 432761 02/02/2023 TPH HOLDINGS LLC 36.46 432762 02/02/2023 ROBERT P JONES 4,850.00 432763 02/02/2023 VERO BEACH GOLF CARS LLC 100.00 432764 02/02/2023 RONALD MARASCO SR 75.00 432765 02/02/2023 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 432766 02/02/2023 JEFFERY HOGUES 2,050.00 432767 02/02/2023 TAYLOR NELSON AUXIER 75.00 432768 02/02/2023 XEROX CORPORATION 232.84 432769 02/02/2023 SOUTHERN TEES INC 1,660.40 432770 02/02/2023 BLUETARP FINANCIAL INC 1,103.36 432771 02/02/2023 US ECOLOGY TAMPA INC 22,276.17 432772 02/02/2023 FLEETPRIDE INC 623.72 432773 02/02/2023 DONNA W ROBERTS 120.00 432774 02/02/2023 JORDAN PARKER 75.00 432775 02/02/2023 TREASURE COAST GIRLS COALITION INC 1,571.55 432776 02/02/2023 EUROFINS ENVIRONMENT TESTING AMERICA HOLDII 3,516.00 432777 02/02/2023 DESCHAMPS MATS SYSTEMS INC 4,740.00 432778 02/02/2023 RONALD DEANE HUFFMAN 4,064.00 432779 02/02/2023 G & W TRANSMISSION LLC 1,701.83 432780 02/02/2023 MAKAYLA KIARRAH WILLIAMS 100.00 Grand Total: 1,221,940.06 22 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902427 02/01/2023 GRACES LANDING LTD 661.00 902428 02/01/2023 CREATIVE CHOICE HOMES XVI LTD 2,319.00 902429 02/01/2023 TREASURE COAST HOMELESS SERVICES 287.00 902430 02/01/2023 FLORIDA POWER AND LIGHT 45.00 902431 02/01/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 411.00 902432 02/01/2023 PELICAN ISLES LP 657.00 902433 02/01/2023 LAZY J LLC 311.00 902434 02/01/2023 COALITION FOR ATTAINABLE HOMES INC 615.00 902435 02/01/2023 ORCHARD GROVE VENTURE LLC 6,520.00 902436 02/01/2023 SREIT LEXINGTON CLUB LLC 2,508.00 902437 02/01/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 2,363.00 902438 02/01/2023 JACOURT LLC 3,752.00 902439 02/01/2023 GRACES LANDING LTD 13,134.00 902440 02/01/2023 BETTY DAVIS SCROGGS 760.00 902441 02/01/2023 CREATIVE CHOICE HOMES XVI LTD 12,859.00 902442 02/01/2023 DAVID YORK 574.00 902443 02/01/2023 ST FRANCIS MANOR OF VERO BEACH 1,524.00 902444 02/01/2023 TREASURE COAST HOMELESS SERVICES 1,496.00 902445 02/01/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,895.00 902446 02/01/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 2,792.00 902447 02/01/2023 THE PALMS AT VERO BEACH 17,053.00 902448 02/01/2023 DAVID CONDON 870.00 902449 02/01/2023 HILARY MCIVOR 721.00 902450 02/01/2023 PELICAN ISLES LP 11,601.00 902451 02/01/2023 SUNCOAST REALTY & RENTAL MGMT LLC 778.00 902452 02/01/2023 ADINAGOLDMAN-WALKER 1,139.00 902453 02/01/2023 INDIAN RIVER RDA LP 2,344.00 902454 02/01/2023 LAZY J LLC 1,563.00 902455 02/01/2023 JESSE LEWIS 332.00 902456 02/01/2023 SAID S MOOBARK 1,851.00 902457 02/01/2023 OSCEOLA COUNTY SECTION 8 995.22 902458 02/01/2023 YVONNE KOUTSOFIOS 208.00 902459 02/01/2023 BRIAN E GALLAGHER 722.00 902460 02/01/2023 JOHN T STANLEY 1,165.00 902461 02/01/2023 WEDGEWOOD RENTALS LLC 1,204.00 902462 02/01/2023 COALITION FOR ATTAINABLE HOMES INC 944.00 902463 02/01/2023 MYRIAM MELENDEZ 743.00 902464 02/01/2023 WATSON REALTY GROUP 2,945.00 902465 02/01/2023 SHER LLC 732.00 902466 02/01/2023 SUNQUEST APRTMENTS LLC 474.00 902467 02/01/2023 ORCHARD GROVE VENTURE LLC 19,205.00 902468 02/01/2023 SREIT LEXINGTON CLUB LLC 35,110.00 902469 02/01/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 13,178.00 902470 02/01/2023 B4 TC PROPERTIES LLC 958.00 902471 02/01/2023 STREIT RIVER PARK PLACE LLC 20,358.00 902472 02/01/2023 EZAS DIVESTMENTS LLC 767.00 902473 02/01/2023 DANIEL I PREUSS 577.00 902474 02/01/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 30,701.00 902475 02/01/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 5,032.00 902476 02/01/2023 JACOURT LLC 4,841.00 902477 02/01/2023 CHRISTINE HARVEY LAWRENCE 660.00 902478 02/01/2023 CENTER LAKE PROPERTY MANAGEMENT LLC 4,480.00 Grand Total: 241,734.22 23 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020325 01/27/2023 AT&T CORP 198.00 1020326 01/27/2023 OFFICE DEPOT INC 1,948.30 1020327 01/27/2023 COMCAST 225.00 1020328 01/27/2023 WASTE MANAGEMENT INC OF FLORIDA 111.15 1020329 02/02/2023 INDIAN RIVER OXYGEN INC 525.77 1020330 02/02/2023 DEMCOINC 66.92 1020331 02/02/2023 GALLS LLC 1,002.69 1020332 02/02/2023 MEEKS PLUMBING INC 882.00 1020333 02/02/2023 IRRIGATION CONSULTANTS UNLIMITED INC 198.32 1020334 02/02/2023 WORLD INDUSTRIAL EQUIPMENT INC 1,992.92 1020335 02/02/2023 GROVE WELDERS INC 304.70 1020336 02/02/2023 TOTAL TRUCK PARTS INC 224.49 1020337 02/02/2023 HD SUPPLY FACILITIES MAINTENANCE LTD 91.10 1020338 02/02/2023 STRYKER SALES CORP 1,819.00 1020339 02/02/2023 HYDRA SERVICE (S) INC 153,192.00 1020340 02/02/2023 RADWELL INTERNATIONAL INC 527.30 1020341 02/02/2023 EFE INC 149.56 1020342 02/02/2023 CARLON INC 168.00 Grand Total: 163,627.22 24 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10245 01/27/2023 SENIOR RESOURCE ASSOCIATION 467,684.72 10246 01/27/2023 SCHOOL DISTRICT OF I R COUNTY 10,032.05 10247 01/30/2023 INDIAN RIVER COUNTY SHERIFF 755.97 10248 01/30/2023 IRC CHAMBER OF COMMERCE 27,319.55 10249 01/30/2023 IRC CHAMBER OF COMMERCE 50,614.25 10250 01/30/2023 HALLEY ENGINEERING CONTRACTORS INC 351,435.37 10251 02/01/2023 ST LUCIE BATTERY & TIRE CO 1,125.50 10252 02/01/2023 CLERK OF CIRCUIT COURT 115,585.41 10253 02/01/2023 CER SIGNATURE CLEANING LLC 12,852.00 10254 02/01/2023 AMERICAN FAMILY LIFE ASSURANCE CO 14,394.68 10255 02/01/2023 INDIAN RIVER COUNTY SHERIFF 5,367,129.15 10256 02/01/2023 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 119,588.32 10257 02/01/2023 ALLSTATE 95.84 10258 02/01/2023 TD BANK 13,745.57 10259 02/01/2023 P&AADMINISTRATIVE SERVICES INC 390.50 10260 02/02/2023 KIMLEY HORN & ASSOC INC 16,000.78 10261 02/02/2023 KIMLEY HORN & ASSOC INC 72,432.00 10262 02/02/2023 TIMOTHY ROSE CONTRACTING INC 617,032.55 10263 02/02/2023 TOWN OF INDIAN RIVER SHORES 8,343.36 10264 02/02/2023 MUTUAL OF OMAHA 19,356.88 10265 02/02/2023 MUTUAL OF OMAHA 24,265.98 10266 02/02/2023 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,625.10 Grand Total: 7,314,805.53 25 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 9, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 3, 2023 to February 9, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of February 3, 2023 to February 9, 2023. 26 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 432781 02/03/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 8,906.38 432782 02/03/2023 AMERITAS 33,375.92 432783 02/03/2023 COMMONWEALTH OF MASSACHUSETTS 154.00 432784 02/03/2023 P&AADMINISTRATIVE SERVICES INC 489.00 432785 02/03/2023 NORTH DAKOTA CHILD SUPPORT 228.47 432786 02/03/2023 FLUKE ELECTRONICS CORP 344.00 432787 02/09/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 432788 02/09/2023 FLORIDA WATER & POLLUTION CONTROL 115.00 432789 02/09/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 432790 02/09/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 432791 02/09/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 432792 02/09/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 432793 02/09/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 432794 02/09/2023 FLORIDA WATER & POLLUTION CONTROL 85.00 432795 02/09/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 432796 02/09/2023 FLORIDA RECREATION & PARK ASSOC INC 45.00 432797 02/09/2023 FLORIDA RECREATION & PARK ASSOC INC 45.00 432798 02/09/2023 FLORIDA RECREATION & PARK ASSOC INC 60.00 432799 02/09/2023 UNIVERSITY OF FLORIDA 479.00 432800 02/09/2023 GOVERNORS HURRICANE CONFERENCE 285.00 432801 02/09/2023 JOSEPH EARMAN 15.31 432802 02/09/2023 INSTITUTE OF TRANSPORTATION 600.00 432803 02/09/2023 SUSAN ADAMS 27.23 432804 02/09/2023 ERIC CHAREST 425.00 432805 02/09/2023 GRANT WRITING USA 2,225.00 432806 02/09/2023 LAURA MATTHES 209.33 432807 02/09/2023 ALEXANDER AYERDIS 288.00 432808 02/09/2023 JORDAN MONTEROSSO 2.31 432809 02/09/2023 PATRIC CARPENTER 44.00 432810 02/09/2023 KAITLYN MCCARTY 478.07 432811 02/09/2023 ZACHARY KIVENAS 44.00 432812 02/09/2023 VAN BACON 11.00 432813 02/09/2023 MELISSA MEISENBURG 175.00 432814 02/09/2023 ASSOCIATION & CONFERENCE MANAGEMENT LLC 314.00 432815 02/09/2023 MATTHEW SOYKA 249.00 432816 02/09/2023 COMMUNICATIONS INTERNATIONAL 29,962.11 432817 02/09/2023 AT&T WIRELESS 143.74 432818 02/09/2023 INDIAN RIVER COUNTY UTILITIES 100.00 432819 02/09/2023 INTERNATIONAL GOLF MAINTENANCE INC 222,888.50 432820 02/09/2023 GEOSYNTEC CONSULTANTS INC 41,790.30 432821 02/09/2023 FLORIDA POWER AND LIGHT 861.68 432822 02/09/2023 STATE ATTORNEY 11,183.74 432823 02/09/2023 WASTE MANAGEMENT INC 219,160.57 432824 02/09/2023 CELICO PARTNERSHIP 1,090.56 432825 02/09/2023 BRIDGESTONE GOLF INC 310.21 432826 02/09/2023 TENTS N EVENTS INC 400.00 432827 02/09/2023 DE LA HOZ BUILDERS INC 54,743.52 432828 02/09/2023 ELITE TENT COMPANY 200.00 432829 02/09/2023 EXCHANGE CLUB OF VERO BEACH 200.00 432830 02/09/2023 KRAUS ASSOCIATES INC 23,475.00 432831 02/09/2023 SOUTHERN MANAGEMENT LLC 32,800.00 432832 02/09/2023 ANFIELD CONSULTING GROUP INC 10,000.00 432833 02/09/2023 CANARX GROUP INC 6,060.40 432834 02/09/2023 CROSSROADS CHRISTIAN FELLOWSHIP 200.00 432835 02/09/2023 TETRA TECH INC 18,399.28 432836 02/09/2023 WEST PALM BEACH ANTIQUES FESTIVAL INC 500.00 27 TRANS NBR DATE VENDOR AMOUNT 432837 02/09/2023 XGD SYSTEMS LLC 75,922.17 432838 02/09/2023 WITT O'BRIEN'S LLC 310.00 432839 02/09/2023 LOWES COMPANIES INC 17.76 432840 02/09/2023 CONSOR ENGINEERS LLC 108,315.25 432841 02/09/2023 VIRGINIA W RUSSELL FAMILY LIMITED PARTNERSHIP 129,316.29 432842 02/09/2023 HARMONY RESERVE LLC 209,398.78 432843 02/09/2023 SANDHILL ENVIRONMENTAL SERVICES LLC 18,234.00 432844 02/09/2023 COMMANDLINK LLC 31429.90 432845 02/09/2023 BLUETARP FINANCIAL INC 85.10 432846 02/09/2023 KATE PRIEST LCSW LLC 5,000.00 432847 02/09/2023 BULK EXPRESS TRANSPORT INC 31,800.73 432848 02/09/2023 G & W TRANSMISSION LLC 226.00 432849 02/09/2023 UTIL REFUNDS 20.48 432850 02/09/2023 UTIL REFUNDS 24.26 432851 02/09/2023 UTIL REFUNDS 84.95 432852 02/09/2023 UTIL REFUNDS 708.04 432853 02/09/2023 UTIL REFUNDS 31.36 432854 02/09/2023 UTIL REFUNDS 32.81 432855 02/09/2023 UTIL REFUNDS 49.89 432856 02/09/2023 UTIL REFUNDS 71.85 432857 02/09/2023 UTIL REFUNDS 108.48 432858 02/09/2023 UTIL REFUNDS 204.23 432859 02/09/2023 UTIL REFUNDS 16.54 432860 02/09/2023 UTIL REFUNDS 41.84 432861 02/09/2023 UTIL REFUNDS 24.28 432862 02/09/2023 UTIL REFUNDS 50.01 432863 02/09/2023 UTIL REFUNDS 313.41 432864 02/09/2023 UTIL REFUNDS 34.60 432865 02/09/2023 UTIL REFUNDS 64.44 432866 02/09/2023 UTIL REFUNDS 33.40 432867 02/09/2023 UTIL REFUNDS 100.00 432868 02/09/2023 UTIL REFUNDS 221.00 432869 02/09/2023 UTIL REFUNDS 31.26 432870 02/09/2023 UTIL REFUNDS 17.96 432871 02/09/2023 UTIL REFUNDS 42.66 432872 02/09/2023 UTIL REFUNDS 43.42 432873 02/09/2023 UTIL REFUNDS 20.67 432874 02/09/2023 UTIL REFUNDS 69.31 432875 02/09/2023 UTIL REFUNDS 71.43 432876 02/09/2023 UTIL REFUNDS 60.96 432877 02/09/2023 UTIL REFUNDS 21.39 432878 02/09/2023 UTIL REFUNDS 101.47 432879 02/09/2023 UTIL REFUNDS 46.92 432880 02/09/2023 UTIL REFUNDS 39.97 432881 02/09/2023 UTIL REFUNDS 55.14 432882 02/09/2023 UTIL REFUNDS 37.68 432883 02/09/2023 UTIL REFUNDS 71.53 432884 02/09/2023 UTIL REFUNDS 50.00 432885 02/09/2023 UTIL REFUNDS 67.70 432886 02/09/2023 UTIL REFUNDS 58.64 432887 02/09/2023 UTIL REFUNDS 32.47 432888 02/09/2023 UTIL REFUNDS 34.54 432889 02/09/2023 UTIL REFUNDS 58.78 432890 02/09/2023 UTIL REFUNDS 81.20 432891 02/09/2023 UTIL REFUNDS 47.46 432892 02/09/2023 UTIL REFUNDS 34.21 432893 02/09/2023 UTIL REFUNDS 76.96 432894 02/09/2023 UTIL REFUNDS 30.35 432895 02/09/2023 UTIL REFUNDS 337.06 28 2 TRANS NBR DATE VENDOR AMOUNT 432896 02/09/2023 ROCKWOOD CORPORATION 312.67 432897 02/09/2023 TEN-8 FIRE EQUIPMENT INC 551.03 432898 02/09/2023 RANGER CONSTRUCTION IND INC 371.36 432899 02/09/2023 VERO CHEMICAL DISTRIBUTORS INC 672.63 432900 02/09/2023 HENRY SCHEIN INC 5,692.23 432901 02/09/2023 SAFETY PRODUCTS INC 470.75 432902 02/09/2023 LINDEN-BEALS CORP 289.29 432903 02/09/2023 SUB AQUATICS INC 1,108.84 432904 02/09/2023 E-Z BREW COFFEE & BOTTLE WATER SVC 20.00 432905 02/09/2023 GRAINGER 658.29 432906 02/09/2023 GAYLORD BROTHERS INC 615.28 432907 02/09/2023 HACH CO 109.60 432908 02/09/2023 LFI FORT PIERCE INC 2,459.15 432909 02/09/2023 MASTELLER MOLER & TAYLOR INC 3,500.00 432910 02/09/2023 JIMMYS TREE SERVICE 8,860.00 432911 02/09/2023 BOUND TREE MEDICAL LLC 1,705.86 432912 02/09/2023 BRISTER SIGNS INC 360.00 432913 02/09/2023 MOTION INDUSTRIES INC 585.33 432914 02/09/2023 ABCO GARAGE DOOR CO INC 1,279.00 432915 02/09/2023 NEWMANS POWER SYSTEMS 388.18 432916 02/09/2023 DELL MARKETING LP 10,679.72 432917 02/09/2023 GOLF SPECIALTIES INC 3,300.75 432918 02/09/2023 UTILITY SERVICE CO INC 1,476.00 432919 02/09/2023 MIDWEST TAPE LLC 4,742.81 432920 02/09/2023 NORTHERN SAFETY CO INC 141.74 432921 02/09/2023 ODYSSEY MANUFACTURING CO 15,706.95 432922 02/09/2023 CENGAGE LEARNING INC 572.03 432923 02/09/2023 SOFTWARE HARDWARE INTEGRATION 36,643.00 432924 02/09/2023 FLORIDA ASSOCIATION OF COUNTIES INC 150.00 432925 02/09/2023 BOYS & GIRLS CLUB OF INDIAN 10,000.00 432926 02/09/2023 CITY OF VERO BEACH 1,206.41 432927 02/09/2023 HOME DEPOT USA INC 318.00 432928 02/09/2023 ROGER CLEVELAND GOLF INC 5,954.40 432929 02/09/2023 FEDERAL EXPRESS CORP 24.60 432930 02/09/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 57.23 432931 02/09/2023 SIEMENS INDUSTRY INC 2,202.00 432932 02/09/2023 FLORIDA POWER AND LIGHT 67,205.04 432933 02/09/2023 FLORIDA POWER AND LIGHT 5,980.11 432934 02/09/2023 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 432935 02/09/2023 PEACE RIVER ELECTRIC COOP INC 227.59 432936 02/09/2023 NEW HORIZONS OF THE TREASURE COAST 29,379.50 432937 02/09/2023 HIBISCUS CHILDRENS CENTER INC 1,844.72 432938 02/09/2023 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 3.00 432939 02/09/2023 RECHTIEN INTERNATIONAL TRUCKS 224.95 432940 02/09/2023 INSTITUTE OF TRANSPORTATION 325.00 432941 02/09/2023 HULETT ENVIRONMENTAL SERVICES 145.00 432942 02/09/2023 SCOTT MCADAM 200.00 432943 02/09/2023 CINTAS CORPORATION NO 2 884.10 432944 02/09/2023 BIG BROTHERS AND BIG SISTERS 9,349.20 432945 02/09/2023 SOUTHERN JANITOR SUPPLY INC 243.30 432946 02/09/2023 OCLC ONLINE COMPUTER LIBRARY CENTER 500.20 432947 02/09/2023 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 9,013.56 432948 02/09/2023 WOODLAWN MHC LLC 250.00 432949 02/09/2023 CAROLE J MADIGAN 405.00 432950 02/09/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 67.69 432951 02/09/2023 FLORIDA ASSOC OF COUNTY HUMAN SRV ADMIN 110.00 432952 02/09/2023 SIMS CRANE & EQUIPMENT CO 663.00 432953 02/09/2023 PETER J CASSARA 2,870.00 432954 02/09/2023 TREASURE COAST FOOD BANK INC 88.17 29 TRANS NBR DATE VENDOR AMOUNT 432955 02/09/2023 BRENNTAG MID-SOUTH INC 4,128.68 432956 02/09/2023 STAT MEDICAL DISPOSAL INC 430.00 432957 02/09/2023 THOMPSONS REMODELING & HOME REPAIR INC 7,650.00 432958 02/09/2023 FLORIDA ARMATURE WORKS INC 3,442.23 432959 02/09/2023 OVERDRIVE INC 3,534.48 432960 02/09/2023 AUTOMATIONDIRECT.COM INC 153.00 432961 02/09/2023 NEWSOM OIL COMPANY 1,760.50 432962 02/09/2023 ALAN JAY FORD LINCOLN MERCURY INC 38,557.00 432963 02/09/2023 CARDINAL HEALTH 110 INC 5,649.98 432964 02/09/2023 BURNETT LIME CO INC 11,620.00 432965 02/09/2023 BURNETT LIME CO INC 1,640.50 432966 02/09/2023 AFFORDABLE TRAILER SERVICE AND SUPPLY INC 6,299.00 432967 02/09/2023 CHEMTRADE CHEMICALS CORPORTATION 4,693.83 432968 02/09/2023 MICHAEL EDWARD HAMILTON 300.00 432969 02/09/2023 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 432970 02/09/2023 HAWKINS INC 630.00 432971 02/09/2023 CATHEDRAL CORPORATION 1,204.60 432972 02/09/2023 UNIFIRST CORPORATION 1,138.23 432973 02/09/2023 CDA SOLUTIONS INC 1,380.02 432974 02/09/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 371.18 432975 02/09/2023 THE GIFFORD FLORIDA YOUTH ORCHESTRA 7,413.40 432976 02/09/2023 FLORIDA EAST COAST HOLDINGS CORP 9,917.07 432977 02/09/2023 DEBBIE CARSON 100.00 432978 02/09/2023 MATHESON TRI-GAS INC 3,699.80 432979 02/09/2023 COLE AUTO SUPPLY INC 2,259.67 432980 02/09/2023 KREMEDY LLC 3,500.00 432981 02/09/2023 RELX INC 426.40 432982 02/09/2023 CORE & MAIN LP 7,183.95 432983 02/09/2023 AMAZON CAPITAL SERVICES INC 4,959.99 432984 02/09/2023 TREASURE COAST PLUMBING LLC 1,107.60 432985 02/09/2023 PACE ANALYTICAL SERVICES LLC 34.65 432986 02/09/2023 PACE ANALYTICAL SERVICES LLC 8,759.27 432987 02/09/2023 A.MERIGAS PROPANE LP 1,557.03 432988 02/09/2023 METROPOLITAN COMMUNICATION SERVICES INC 270.00 432989 02/09/2023 JORDAN POWER EQUIPMENT CORP 283.82 432990 02/09/2023 NICHOLAS RAMOS 43.46 432991 02/09/2023 MULLINAX FORD OF VERO BEACH 901.81 432992 02/09/2023 SOUTH CENTRAL PLANNING & DEVELOPMENT COMA 4,583.33 432993 02/09/2023 DESK SPINCO INC 13.00 432994 02/09/2023 DESK SPINCO INC 11.68 432995 02/09/2023 FERGUSON US HOLDINGS INC 5,630.92 432996 02/09/2023 BLUE GOOSE CONSTRUCTION LLC 747.39 432997 02/09/2023 ORCHARD GROVE VENTURE LLC 600.00 432998 02/09/2023 STAPLES INC 133.18 432999 02/09/2023 LOWES COMPANIES INC 5,976.20 433000 02/09/2023 SMI TRADING LLC 184.96 433001 02/09/2023 MILLENNIUM CREMATORY LLC 425.00 433002 02/09/2023 NURSERYMENS SURE GRO CORP 260.15 433003 02/09/2023 GREEN SEASONS NURSERY INC 1,109.40 433004 02/09/2023 QUADMED INC 2,560.83 433005 02/09/2023 J-MAC CLEANING SERVICES INC 433.33 433006 02/09/2023 BRITTON INDUSTRIES INC 340.89 433007 02/09/2023 HIREQUEST LLC 1,580.49 433008 02/09/2023 SAFE FAMILIES FOR CHILDREN 9,993.07 433009 02/09/2023 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 433010 02/09/2023 RECOLLECT SYSTEMS 11,777.18 433011 02/09/2023 A&B FENCE CO LLC 14,560.76 433012 02/09/2023 SHRIEVE CHEMICAL CO LLC 12,229.90 433013 02/09/2023 BTAC HOLDING CORP 3,412.30 30 4 TRANS NBR DATE VENDOR AMOUNT 433014 02/09/2023 FORMULA ONE OF VERO BEACH LLC 415.00 433015 02/09/2023 TARKETT USA INC 29,239.57 433016 02/09/2023 SEVEN ISLES CAPITAL 1,549.00 433017 02/09/2023 DE 2018 PLLC 1,144.00 433018 02/09/2023 PREMIER NURSERIES LLC 1,505.68 433019 02/09/2023 NATIONAL 4-H COUNCIL 37.85 433020 02/09/2023 JOHNSON-LAUX CONSTRUCTION LLC 67,816.94 433021 02/09/2023 CHRISTINE STAY 300.00 433022 02/09/2023 FAST DRY CORPORATION 1,252.49 433023 02/09/2023 SON NGUYEN 800.00 Grand Total: 1,898,611.52 31 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902479 02/09/2023 NAN MCKAY AND ASSOCIATES INC 239.00 Grand Total: 239.00 32 Maxelffe lColn mi/NIZl�illd�/�•Y:� A TRANS. NBR DATE VENDOR AMOUNT 1020343 02/03/2023 OFFICE DEPOT INC 751.40 1020344 02/03/2023 COMCAST 284.95 1020345 02/03/2023 WASTE MANAGEMENT INC OF FLORIDA 136.50 1020346 02/07/2023 OFFICE DEPOT INC 2,138.05 1020347 02/08/2023 AT&T CORP 5.29 1020348 02/08/2023 AT&T CORP 971.00 1020349 02/08/2023 AT&T CORP 6.85 1020350 02/08/2023 AT&T CORP 2,055.36 1020351 02/08/2023 AT&T CORP 5.99 1020352 02/09/2023 PARKS RENTAL & SALES INC 160.00 1020353 02/09/2023 MIKES GARAGE & WRECKER SERVICE INC 259.00 1020354 02/09/2023 GALLS LLC 2,826.72 1020355 02/09/2023 MEEKS PLUMBING INC 408.00 1020356 02/09/2023 IRRIGATION CONSULTANTS UNLIMITED INC 147.95 1020357 02/09/2023 GROVE WELDERS INC 82.90 1020358 02/09/2023 PRIDE ENTERPRISES 643.31 1020359 02/09/2023 SPINNAKER VERO INC 29.76 1020360 02/09/2023 NEXAIR LLC 293.17 1020361 02/09/2023 EFE INC 548.47 1020362 02/09/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 1,280.00 Grand Total: 13,034.67 33 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10267 02/03/2023 IRC FIRE FIGHTERS ASSOC 9,949.76 10268 02/03/2023 FL SDU 3,161.94 10269 02/03/2023 FL RETIREMENT SYSTEM 1,037,526.97 10270 02/03/2023 EDH HOLDINGS LLC 878.70 10271 02/03/2023 BENEFLEX INC 895.00 10272 02/03/2023 LINCOLN RETIREMENT 88,532.72 10273 02/03/2023 OPTUMHEALTH FINANCIAL SERVICES 107,534.80 10274 02/06/2023 SENIOR RESOURCE ASSOCIATION 467,834.89 10275 02/06/2023 IRS -PAYROLL TAXES 553,377.72 10276 02/07/2023 SENIOR RESOURCE ASSOCIATION 142,500.00 10277 02/07/2023 HEALTH ADVOCATE SOLUTIONS INC 1,986.00 10278 02/07/2023 HEALTH ADVOCATE SOLUTIONS INC 1,547.70 10279 02/08/2023 CLERK OF CIRCUIT COURT 13,796.28 10280 02/08/2023 INDIAN RIVER COUNTY SHERIFF 47,181.28 Grand Total: 2,476,703.76 34 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 16, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 10, 2023 to February 16, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of February 10, 2023 to February 16, 2023. 35 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 433024 02/10/2023 BAUDVILLE INC 349.94 433025 02/16/2023 RACHEL IVEY 247.84 433026 02/16/2023 SUSAN ADAMS 224.99 433027 02/16/2023 ALEXANDRIA NICHOLAS 259.12 433028 02/16/2023 RICOH USA INC 39.25 433029 02/16/2023 AT&T WIRELESS 788.17 433030 02/16/2023 AT&T WIRELESS 157.34 433031 02/16/2023 SCHULKE BITTLE & STODDARD LLC 4,100.00 433032 02/16/2023 PARAGON ELECTRIC OF VERO INC 181,049.52 433033 02/16/2023 ATKINS NORTH AMERICA INC 2,065.24 433034 02/16/2023 CLERK OF CIRCUIT COURT 546.53 433035 02/16/2023 AT&T CORP 666.24 433036 02/16/2023 TREASURE COAST HOMELESS SERVICES 64.53 433037 02/16/2023 INTERNATIONAL GOLF MAINTENANCE INC 990.00 433038 02/16/2023 GROZA BUILDERS INC 807.00 433039 02/16/2023 G K ENVIRONMENTAL INC 3,200.00 433040 02/16/2023 CELICO PARTNERSHIP 7,890.75 433041 02/16/2023 PATRICIAYOUNT 41.80 433042 02/16/2023 JOBEAR CONTRACTING INC 76,945.90 433043 02/16/2023 SAMANTHA PRYOR 45.00 433044 02/16/2023 SOUTHERN MANAGEMENT LLC 2,180.70 433045 02/16/2023 DEBORAH CUEVAS 175.00 433046 02/16/2023 NAPIER & ROLLIN PLLC 285.00 433047 02/16/2023 ANDERSEN ANDRE CONSULTING ENGINEERS INC 3,305.00 433048 02/16/2023 CATHEDRAL CORPORATION 35,400.00 433049 02/16/2023 CENTERLINE UTILITIES INC 161,567.13 433050 02/16/2023 BOWMAN CONSULTING GROUP LTD 42,657.67 433051 02/16/2023 TETRA TECH INC 1,645.00 433052 02/16/2023 J -MAC CLEANING SERVICES INC 5,591.66 433053 02/16/2023 FERREIRA CONSTRUCTION COMPANY INC 398,755.84 433054 02/16/2023 SEA TURTLE PROPERTIES LLC 100.00 433055 02/16/2023 FRANK R TILLER 97.76 433056 02/16/2023 CENSTATE CONTRACTORS INC 272,289.09 433057 02/16/2023 STANLEY MALAN 90.77 433058 02/16/2023 ERICA RIGAUD 79.88 433059 02/16/2023 SPIEZLE ARCHITECTURAL GROUP INC 650.00 433060 02/16/2023 ACP FACILITY SERVICES 11,736.91 433061 02/16/2023 REBECCA -ANN BEKOFF 820.03 433062 02/16/2023 CYNTHIA BRADEN 30.00 433063 02/16/2023 BLANCAAGUILERA 45.00 433064 02/16/2023 CHANYE EDWARDS 45.00 433065 02/16/2023 DEVARIEV DICKERSON 45.00 433066 02/16/2023 JACK ZINNO 100.00 433067 02/16/2023 MICHAEL PETRUN 100.00 433068 02/16/2023 YONATAN VILENCHIK 26.31 433069 02/16/2023 AMALIA R FERNANDEZ MUNOZ 86.75 433070 02/16/2023 DANIEL B GOOKIN 38.68 433071 02/16/2023 FRANCIS SHUSTER 42.42 433072 02/16/2023 BARBARA J TAYLOR 57.85 433073 02/16/2023 TERRENCE BRISSON 137.38 433074 02/16/2023 SHAWNA L CARROLL 35.91 433075 02/16/2023 UTIL REFUNDS 35.32 433076 02/16/2023 UTIL REFUNDS 75.57 433077 02/16/2023 UTIL REFUNDS 17.75 433078 02/16/2023 UTIL REFUNDS 4.15 433079 02/16/2023 UTIL REFUNDS 96.29 W, TRANS NBR DATE VENDOR AMOUNT 433080 02/16/2023 UTIL REFUNDS 36.23 433081 02/16/2023 UTIL REFUNDS 76.79 433082 02/16/2023 UTIL REFUNDS 40.66 433083 02/16/2023 UTIL REFUNDS 52.79 433084 02/16/2023 UTIL REFUNDS 100.00 433085 02/16/2023 UTIL REFUNDS 40.72 433086 02/16/2023 UTIL REFUNDS 147.36 433087 02/16/2023 UTIL REFUNDS 37.47 433088 02/16/2023 UTIL REFUNDS 665.70 433089 02/16/2023 UTIL REFUNDS 20.35 433090 02/16/2023 UTIL REFUNDS 179.14 433091 02/16/2023 UTIL REFUNDS 176.37 433092 02/16/2023 UTIL REFUNDS 60.61 433093 02/16/2023 UTIL REFUNDS 48.27 433094 02/16/2023 UTIL REFUNDS 66.90 433095 02/16/2023 UTIL REFUNDS 12.49 433096 02/16/2023 UTIL REFUNDS 129.92 433097 02/16/2023 UTIL REFUNDS 71.80 433098 02/16/2023 UTIL REFUNDS 28.25 433099 02/16/2023 UTIL REFUNDS 84.66 433100 02/16/2023 UTIL REFUNDS 27.28 433101 02/16/2023 UTIL REFUNDS 59.24 433102 02/16/2023 UTIL REFUNDS 30.33 433103 02/16/2023 UTIL REFUNDS 16.25 433104 02/16/2023 UTIL REFUNDS 46.00 433105 02/16/2023 UTIL REFUNDS 51.87 433106 02/16/2023 UTIL REFUNDS 86.38 433107 02/16/2023 UTIL REFUNDS 33.06 433108 02/16/2023 UTIL REFUNDS 86.24 433109 02/16/2023 UTIL REFUNDS 91.78 433110 02/16/2023 UTIL REFUNDS 41.07 433111 02/16/2023 UTIL REFUNDS 85.30 433112 02/16/2023 UTIL REFUNDS 28.19 433113 02/16/2023 UTIL REFUNDS 23.24 433114 02/16/2023 UTIL REFUNDS 83.79 433115 02/16/2023 UTIL REFUNDS 43.67 433116 02/16/2023 UTIL REFUNDS 45.31 433117 02/16/2023 UTIL REFUNDS 75.60 433118 02/16/2023 UTIL REFUNDS 81.47 433119 02/16/2023 UTIL REFUNDS 57.75 433120 02/16/2023 UTIL REFUNDS 50.86 433121 02/16/2023 UTIL REFUNDS 85.17 433122 02/16/2023 UTIL REFUNDS 35.02 433123 02/16/2023 UTIL REFUNDS 70.22 433124 02/16/2023 UTIL REFUNDS 47.08 433125 02/16/2023 PORT CONSOLIDATED INC 10,614.91 433126 02/16/2023 STURGIS LUMBER & PLYWOOD CO 283.56 433127 02/16/2023 SSES INC 89.52 433128 02/16/2023 TEN -8 FIRE EQUIPMENT INC 1,372.88 433129 02/16/2023 RANGER CONSTRUCTION IND INC 447.04 433130 02/16/2023 VERO CHEMICAL DISTRIBUTORS INC 745.40 433131 02/16/2023 RICOH USA INC 34.10 433132 02/16/2023 CHISHOLM CORP OF VERO 2,714.75 433133 02/16/2023 HENRY SCHEIN INC 764.59 433134 02/16/2023 SAFETY PRODUCTS INC 51.90 433135 02/16/2023 INDIAN RIVER BATTERY 907.50 433136 02/16/2023 GRAINGER 2,986.00 433137 02/16/2023 KELLY TRACTOR CO 3,212.95 433138 02/16/2023 GENES AUTO GLASS INC 280.00 37 TRANS NBR DATE VENDOR AMOUNT 433139 02/16/2023 GRAYBAR ELECTRIC CO INC 1,177.75 433140 02/16/2023 APPLE INDUSTRIAL SUPPLY CO 1,041.51 433141 02/16/2023 HACH CO 339.36 433142 02/16/2023 LFI FORT PIERCE INC 816.00 433143 02/16/2023 BOUND TREE MEDICAL LLC 3,916.25 433144 02/16/2023 TIRESOLES OF BROWARD INC 13,138.08 433145 02/16/2023 DELL MARKETING LP 6,700.00 433146 02/16/2023 PETERSEN INDUSTRIES INC 69.09 433147 02/16/2023 GOLF SPECIALTIES INC 2,200.50 433148 02/16/2023 MIDWEST TAPE LLC 1,025.74 433149 02/16/2023 NORTHERN SAFETY CO INC 187.59 433150 02/16/2023 ODYSSEY MANUFACTURING CO 10,500.00 433151 02/16/2023 BAKER DISTRIBUTING CO LLC 14.80 433152 02/16/2023 CENGAGE LEARNING INC 395.94 433153 02/16/2023 PING INC 3,174.39 433154 02/16/2023 CITY OF VERO BEACH 6,075.45 433155 02/16/2023 HOME DEPOT USA INC 127.22 433156 02/16/2023 LIVINGSTON PAGE 595.00 433157 02/16/2023 JANITORIAL DEPOT OF AMERICA INC 295.87 433158 02/16/2023 TREASURE COAST HOMELESS SERVICES 927.53 433159 02/16/2023 ENVIRONMENTAL LEARNING CENTER INC 7,269.87 433160 02/16/2023 ROGER CLEVELAND GOLF INC 9,807.59 433161 02/16/2023 ACUSHNET COMPANY 7,070.80 433162 02/16/2023 WEST PUBLISHING CORPORATION 202.32 433163 02/16/2023 FEDERAL EXPRESS CORP 436.89 433164 02/16/2023 CALLAWAY GOLF SALES COMPANY 18,320.20 433165 02/16/2023 FLORIDA POWER AND LIGHT 32,232.56 433166 02/16/2023 WALTER KOMARNICKI SR 150.00 433167 02/16/2023 CITY OF FELLSMERE 278.88 433168 02/16/2023 US KIDS GOLF LLC 293.24 433169 02/16/2023 LANGUAGE LINE SERVICES INC 212.63 433170 02/16/2023 TREASURE COAST SPORTS COMMISSION INC 6,178.12 433171 02/16/2023 FLORIDA STATE GOLF ASSOCIATION 10,829.00 433172 02/16/2023 HENRY SMITH 550.00 433173 02/16/2023 CHILDRENS HOME SOCIETY OF FL 3,769.48 433174 02/16/2023 BRIDGESTONE AMERICAS INC 4,425.53 433175 02/16/2023 RECHTIEN INTERNATIONAL TRUCKS 2,095.87 433176 02/16/2023 TRANE US INC 1,632.00 433177 02/16/2023 HULETT ENVIRONMENTAL SERVICES 166.50 433178 02/16/2023 CINTAS CORPORATION NO 2 356.67 433179 02/16/2023 FLORIDA DEPT OF JUVENILE JUSTICE 45,718.00 433180 02/16/2023 ELECTRONIC ACCESS SPECIALIST 87.67 433181 02/16/2023 POLYDYNE INC 3,749.00 433182 02/16/2023 SOUTHERN JANITOR SUPPLY INC 2,809.45 433183 02/16/2023 GLOVER OIL COMPANY INC 109,579.83 433184 02/16/2023 ORCHID ISLAND PROPERTY MGMT II INC 18,600.00 433185 02/16/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 3,138.24 433186 02/16/2023 JOHNNY B SMITH 450.00 433187 02/16/2023 DANE MACDONALD 720.00 433188 02/16/2023 THOR GUARD INC 2,010.00 433189 02/16/2023 CEMEX INC 355.32 433190 02/16/2023 REDLANDS CHRISTIAN MIGRANT ASSOC 4,626.31 433191 02/16/2023 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 2,000.00 433192 02/16/2023 VATLAND IMPORTS INC 2,083.62 433193 02/16/2023 YOUTH GUIDANCE DONATION FUND 4,625.92 433194 02/16/2023 SOUTHEAST POWER SYSTEMS OF ORLANDO 1,298.84 433195 02/16/2023 JEFF MATHIS 75.00 433196 02/16/2023 AMERICAN HEART ASSOCIATION INC 369.27 433197 02/16/2023 HELPING ANIMALS LIVE -OVERCOME 22.00 TRANS NBR DATE VENDOR AMOUNT 433198 02/16/2023 BRENNTAG MID-SOUTH INC 9,231.11 433199 02/16/2023 ATLANTIC COASTAL LAND TITLE CO LLC 95.00 433200 02/16/2023 ATLANTIC COASTAL LAND TITLE CO LLC 190.00 433201 02/16/2023 SYN-TECH SYSTEMS INC 1,248.50 433202 02/16/2023 OVERDRIVE INC 2,692.97 433203 02/16/2023 BERMUDA SANDS APPAREL LLC 57.95 433204 02/16/2023 ALAN JAY CHEVROLET CADILLAC 40,840.00 433205 02/16/2023 CARDINAL HEALTH 110 INC 3,852.95 433206 02/16/2023 BURNETT LIME CO INC 3,919.26 433207 02/16/2023 PENGUIN RANDOM HOUSE LLC 519.00 433208 02/16/2023 STS MAINTAIN SERVICES INC 32,239.12 433209 02/16/2023 COBRA GOLF INCORPORATED 2,791.92 433210 02/16/2023 SYLVIA MILLER 1,455.00 433211 02/16/2023 CATHEDRAL CORPORATION 1,641.65 433212 02/16/2023 UNIFIRST CORPORATION 1,120.56 433213 02/16/2023 JDS GRAPHICS DESIGN INC 1,583.72 433214 02/16/2023 WILSON SPORTING GOODS CO 2,595.11 433215 02/16/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 163.66 433216 02/16/2023 GOTTA GO GREEN ENTERPISES INC 89.83 433217 02/16/2023 EASTERN PIPELINE CONSTRUCTION INC 5,325.00 433218 02/16/2023 COALITION FOR ATTAINABLE HOMES INC 450.00 433219 02/16/2023 MATHESON TRI-GAS INC 10,262.20 433220 02/16/2023 COLE AUTO SUPPLY INC 252.53 433221 02/16/2023 KONICA MINOLTA BUSINESS SOLUTIONS 757.06 433222 02/16/2023 BETH NOLAN 234.00 433223 02/16/2023 DAVE FORD PAINTING INC 2,380.00 433224 02/16/2023 GOVDIRECT INC 17,918.98 433225 02/16/2023 CORE & MAIN LP 2,125.00 433226 02/16/2023 WOERNER AGRIBUSINESS LLC 736.00 433227 02/16/2023 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,844.46 433228 02/16/2023 GYRO-TRAC CORPORATION 1,990.51 433229 02/16/2023 TRAFFIC SUPPLIES & DISTRIBUTION LLC 6,144.00 433230 02/16/2023 LAURAYONKERS 98.75 433231 02/16/2023 DIRECTV GROUP INC 103.39 433232 02/16/2023 AMAZON CAPITAL SERVICES INC 1,589.59 433233 02/16/2023 TREASURE COAST PLUMBING LLC 257.80 433234 02/16/2023 PACE ANALYTICAL SERVICES LLC 226.80 433235 02/16/2023 AMERIGAS PROPANE LP 1,579.66 433236 02/16/2023 DAVID MIKE 155.00 433237 02/16/2023 THE HOPE FOR FAMILIES CENTER INC 3,328.42 433238 02/16/2023 JORDAN POWER EQUIPMENT CORP 144.93 433239 02/16/2023 PC SOLUTIONS & INTEGRATION INC 3,630.00 433240 02/16/2023 MULLINAX FORD OF VERO BEACH 4,062.31 433241 02/16/2023 JUDITH A BURLEY 369.50 433242 02/16/2023 SOMMERS CONSTRUCTION LLC 5,800.00 433243 02/16/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,355.90 433244 02/16/2023 SUNBELT HYDRAULIC & EQUIPMENT INC 1,608.60 433245 02/16/2023 BLUE GOOSE CONSTRUCTION LLC 3,691.56 433246 02/16/2023 ORCHARD GROVE VENTURE LLC 450.00 433247 02/16/2023 STAPLES INC 581.92 433248 02/16/2023 LOWES COMPANIES INC 3,674.62 433249 02/16/2023 SMI TRADING LLC 15.16 433250 02/16/2023 TOTAL GOLF CART LLC 183.67 433251 02/16/2023 SPORTS ENGINE INC 74.00 433252 02/16/2023 ROBERT A HUDSON 225.00 433253 02/16/2023 THEODORE SEMI 1,635.00 433254 02/16/2023 CONSTANT CONTACT INC 378.00 433255 02/16/2023 BRITTON INDUSTRIES INC 257.19 433256 02/16/2023 JUNIPER LANDSCAPING OF FLORIDA LLC 3,649.00 39 TRANS NBR DATE VENDOR AMOUNT 433257 02/16/2023 LAWRENCE F WALLIN 275.00 433258 02/16/2023 HIREQUEST LLC 10,669.20 433259 02/16/2023 PETERBILT STORE SOUTH FLORIDA LLC 743.93 433260 02/16/2023 STEPHANIE LEIGH TRUMBLE 490.00 433261 02/16/2023 MARUBENI AMERICA CORPORATION 3,469.64 433262 02/16/2023 DOBBS EQUIPMENT LLC 4,443.60 433263 02/16/2023 A&B FENCE CO LLC 1,963.18 433264 02/16/2023 BTAC HOLDING CORP 4,265.06 433265 02/16/2023 CONSOLIDATED WATER GROUP LLC 1,658.16 433266 02/16/2023 TPH HOLDINGS LLC 80.49 433267 02/16/2023 CRYSTAL MCANELLY DIVERS 60.00 433268 02/16/2023 SEVEN ISLES CAPITAL 418.00 433269 02/16/2023 SCOTT SEELEY 75.00 433270 02/16/2023 RONALD MARASCO SR 565.00 433271 02/16/2023 KERNER LLC 4,785.00 433272 02/16/2023 MIWANA SARGENT 75.00 433273 02/16/2023 TAYLOR NELSON AUXIER 125.00 433274 02/16/2023 SUNCOAST RESEARCH LABS INC 1,515.00 433275 02/16/2023 TREASURE COAST SWIMMING 1,000.00 433276 02/16/2023 STEVENS & STEVENS BUSINESS RECORDS MANAGEN 3,398.24 433277 02/16/2023 BLUETARP FINANCIAL INC 325.80 433278 02/16/2023 PRINTFLY CORPORATION 6,287.25 433279 02/16/2023 DONNA W ROBERTS 60.00 433280 02/16/2023 JORDAN PARKER 50.00 433281 02/16/2023 NOVATECH INC 395.77 433282 02/16/2023 MID FLORIDA MATERIAL HANDLING INC 193.05 433283 02/16/2023 G & W TRANSMISSION LLC 3,736.39 433284 02/16/2023 RUSSOM'S MARINE OCALA INC 4,997.41 433285 02/16/2023 MARCEL REALTY LLC 350.00 Grand Total: 1,860,547.41 40 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020363 02/10/2023 COMCAST .561.05 1020364 02/10/2023 WASTE MANAGEMENT INC OF FLORIDA 13,244.49 1020365 02/16/2023 UNIVERSAL SIGNS & ACCESSORIES 900.50 1020366 02/16/2023 INDIAN RIVER OXYGEN INC 165.95 1020367 02/16/2023 GALLS LLC 244.55 1020368 02/16/2023 MEEKS PLUMBING INC 3,303.58 1020369 02/16/2023 IRRIGATION CONSULTANTS UNLIMITED INC 184.94 1020370 02/16/2023 GROVE WELDERS INC 617.00 1020371 02/16/2023 TOTAL TRUCK PARTS INC 920.78 1020372 02/16/2023 HARCROS CHEMICALS, INC. 4,660.47 1020373 02/16/2023 AUTO PARTNERS LLC 3,182.11 1020374 02/16/2023 RADWELL INTERNATIONAL INC 493.94 1020375 02/16/2023 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 1020376 02/16/2023 GUARDIAN ALARM OF FLORIDA LLC 826.00 1020377 02/16/2023 NEXAIR LLC 145.13 1020378 02/16/2023 EFE INC 1,812.10 1020379 02/16/2023 FIRST HOSPITAL LABORATORIES INC 497.00 Grand Total: 31,859.59 41 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10281 02/10/2023 FLORIDA DEPARTMENT OF REVENUE 2,758.26 10282 02/10/2023 FLORIDA DEPARTMENT OF REVENUE 1,257.45 10283 02/10/2023 FLORIDA DEPARTMENT OF REVENUE 44,805.04 10284 02/10/2023 FLORIDA DEPARTMENT OF REVENUE 3,405.72 10285 02/10/2023 RX BENEFITS INC 316,485.92 10286 02/10/2023 RX BENEFITS INC 2,611.66 10287 02/10/2023 IRS -PAYROLL TAXES 7,116.13 10288 02/10/2023 EDH HOLDINGS LLC 16,952.64 10289 02/15/2023 CITY OF SEBASTIAN 34,817.30 10290 02/16/2023 WRIGHT EXPRESS FSC 41,023.30 10291 02/16/2023 SCHOOL DISTRICT OF I R COUNTY 146,985.00 Grand Total: 618,218.42 42 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 23, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 17, 2023 to February 23, 2023 ou COUN c V� "M a In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of February 17, 2023 to February 23, 2023. 43 C���.yiP/�IIW11�l►1 TRANS NBR DATE VENDOR AMOUNT 433286 02/17/2023 UNITED WAY OF INDIAN RIVER COUNTY 688.50 433287 02/17/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 8,095.54 433288 02/17/2023 NORTH CAROLINA CHILD SUPPORT 105.69 433289 02/17/2023 COMMONWEALTH OF MASSACHUSETTS 154.00 433290 02/17/2023 NORTH DAKOTA CHILD SUPPORT 228.47 433291 02/23/2023 AT&T WIRELESS 298.70 433292 02/23/2023 AT&T WIRELESS 147.92 433293 02/23/2023 AT&T WIRELESS 291.45 433294 02/23/2023 AT&T WIRELESS 918.81 433295 02/23/2023 AT&T WIRELESS 950.39 433296 02/23/2023 INDIAN RIVER COUNTY HEALTH DEPT 64,633.66 433297 02/23/2023 VICTIM ASSISTANCE PROGRAM 7,460.08 433298 02/23/2023 ROGER J NICOSIA 1,500.00 433299 02/23/2023 CITY OF VERO BEACH 2,230.27 433300 02/23/2023 CITY OF VERO BEACH 11,987.50 433301 02/23/2023 HOME DEPOT USA INC 39.97 433302 02/23/2023 AT&T CORP 880.47 433303 02/23/2023 AT&T CORP 1,239.78 433304 02/23/2023 TLC DIVERSIFIED INC 590,516.84 433305 02/23/2023 ST LUCIE COUNTY BOCC 59,533.16 433306 02/23/2023 CELICO PARTNERSHIP 2,990.69 433307 02/23/2023 FISHER & PHILLIPS LLP 59.00 433308 02/23/2023 GFA INTERNATIONAL INC 1,056.50 433309 02/23/2023 BOWMAN CONSULTING GROUP LTD 14,064.55 433310 02/23/2023 STATE OF FLORIDA 19,802.85 433311 02/23/2023 STAPLES INC 97.78 433312 02/23/2023 CW ROBERTS CONTRACTING INC 248,307.20 433313 02/23/2023 FLORIDA INDIAN HERITAGE ASSOCIATION INC 500.00 433314 02/23/2023 HOT AIR MANAGEMENT GROUP 500.00 433315 02/23/2023 TROPIC OIL COMPANY LLC 4,699.84 433316 02/23/2023 FLORIDIAN OUTDOOR SERVICES 75.00 433317 02/23/2023 UTIL REFUNDS 85.62 433318 02/23/2023 UTIL REFUNDS 41.61 433319 02/23/2023 UTIL REFUNDS 69.66 433320 02/23/2023 UTIL REFUNDS 74.75 433321 02/23/2023 UTIL REFUNDS 80.65 433322 02/23/2023 UTIL REFUNDS 45.84 433323 02/23/2023 UTIL REFUNDS 374.15 433324 02/23/2023 UTIL REFUNDS 50.00 433325 02/23/2023 UTIL REFUNDS 69.32 433326 02/23/2023 UTIL REFUNDS 70.13 433327 02/23/2023 UTIL REFUNDS 47.47 433328 02/23/2023 UTIL REFUNDS 38.74 433329 02/23/2023 UTIL REFUNDS 47.59 433330 02/23/2023 UTIL REFUNDS 11.61 433331 02/23/2023 UTIL REFUNDS 35.77 433332 02/23/2023 UTIL REFUNDS 303.44 433333 02/23/2023 UTIL REFUNDS 1.77 433334 02/23/2023 UTIL REFUNDS 75.47 433335 02/23/2023 UTIL REFUNDS 35.24 433336 02/23/2023 UTIL REFUNDS 60.29 433337 02/23/2023 UTIL REFUNDS 79.70 433338 02/23/2023 UTIL REFUNDS 28.37 433339 02/23/2023 UTIL REFUNDS 37.80 433340 02/23/2023 UTIL REFUNDS 13.19 433341 02/23/2023 UTIL REFUNDS 334.14 44 TRANS NBR DATE VENDOR AMOUNT 433342 02/23/2023 UTIL REFUNDS 46.41 433343 02/23/2023 UTIL REFUNDS 169.80 433344 02/23/2023 UTIL REFUNDS 14.07 433345 02/23/2023 UTIL REFUNDS 45.08 433346 02/23/2023 UTIL REFUNDS 43.50 433347 02/23/2023 UTIL REFUNDS 44.65 433348 02/23/2023 UTIL REFUNDS 51.11 433349 02/23/2023 UTIL REFUNDS 31.20 433350 02/23/2023 UTIL REFUNDS 33.78 433351 02/23/2023 UTIL REFUNDS 74.80 433352 02/23/2023 UTIL REFUNDS 42.34 433353 02/23/2023 UTIL REFUNDS 16.06 433354 02/23/2023 UTIL REFUNDS 77.64 433355 02/23/2023 BELANAGY 246.53 433356 02/23/2023 GOVERNORS HURRICANE CONFERENCE 420.00 433357 02/23/2023 RICHARD MECKES 38.00 433358 02/23/2023 SHELLEY NOWLIN 124.61 433359 02/23/2023 TRAVIS PARILLO 69.00 433360 02/23/2023 RACE TO SAFETY TRAINING LLC 180.00 433361 02/23/2023 RACE TO SAFETY TRAINING LLC 2,700.00 433362 02/23/2023 SHEILA O'SULLIVAN 151.54 433363 02/23/2023 LINDA CAGGIANO 280.21 433364 02/23/2023 EVENT MANAGERS LLC 200.00 433365 02/23/2023 RYAN LLOYD 174.00 433366 02/23/2023 MASON KOZAC 152.00 433367 02/23/2023 ERIK FERGUSON 22.00 433368 02/23/2023 FL ASSOCIATION OF PUBLIC PROCUREMENT PROFESS 700.00 433369 02/23/2023 GUARDIAN EQUIPMENT INC 8,120.00 433370 02/23/2023 COMMUNICATIONS INTERNATIONAL 3,398.40 433371 02/23/2023 TEN-8 FIRE EQUIPMENT INC 25,099.77 433372 02/23/2023 RANGER.CONSTRUCTION IND INC 852.72 433373 02/23/2023 VERO CHEMICAL DISTRIBUTORS INC 227.40 433374 02/23/2023 HENRY SCHEIN INC 334.06 433375 02/23/2023 SAFETY PRODUCTS INC 2,947.20 433376 02/23/2023 DATA FLOW SYSTEMS INC 40,099.00 433377 02/23/2023 SUB AQUATICS INC 1,850.46 433378 02/23/2023 E-Z BREW COFFEE & BOTTLE WATER SVC 71.00 433379 02/23/2023 INDIAN RIVER BATTERY 299.00 433380 02/23/2023 INDIAN RIVER BATTERY 3,956.95 433381 02/23/2023 GRAINGER 133.88 433382 02/23/2023 HACH CO 1,720.05 433383 02/23/2023 LFI FORT PIERCE INC 2,668.03 433384 02/23/2023 CLIFF BERRY INC 280.70 433385 02/23/2023 AMAZON HOSE & RUBBER COMPANY 263.87 433386 02/23/2023 BOUND TREE MEDICAL LLC 1,501.90 433387 02/23/2023 EXPRESS REEL GRINDING INC 3,080.00 433388 02/23/2023 TIRESOLES OF BROWARD INC 1,718.92 433389 02/23/2023 CHILDCARE RESOURCES OF IRC INC 37,079.24 433390 02/23/2023 UTILITY SERVICE CO INC 15,221.00 433391 02/23/2023 COMPUTYPE INC 679.80 433392 02/23/2023 MIDWEST TAPE LLC 424.56 433393 02/23/2023 NORTHERN SAFETY CO INC 39.58 433394 02/23/2023 ODYSSEY MANUFACTURING CO 10,498.95 433395 02/23/2023 K & M ELECTRIC SUPPLY INC 311.12 433396 02/23/2023 CENGAGE LEARNING INC 386.03 433397 02/23/2023 SOFTWARE HARDWARE INTEGRATION 1,949.42 433398 02/23/2023 WILLIE C REAGAN 850.00 433399 02/23/2023 CLERK OF CIRCUIT COURT 428.50 433400 02/23/2023 CITY OF VERO BEACH 254.37 45 2 TRANS NBR DATE VENDOR AMOUNT 433401 02/23/2023 INDIAN RIVER ALL FAB INC 2,797.97 433402 02/23/2023 HOME DEPOT USA INC 295.68 433403 02/23/2023 LIVINGSTON PAGE 100.00 433404 02/23/2023 TREASURE COAST HOMELESS SERVICES 14,244.00 433405 02/23/2023 BRACKETT FAMILY LIMITED PARTNERSHIP 1,174.00 433406 02/23/2023 FEDERAL EXPRESS CORP 7.80 433407 02/23/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 147.74 433408 02/23/2023 COMO OIL COMPANY OF FLORIDA 304.01 433409 02/23/2023 FLORIDA POWER AND LIGHT 35,293.18 433410 02/23/2023 FLORIDA POWER AND LIGHT 7,613.97 433411 02/23/2023 COMPLETE ELECTRIC INC 4,469.00 433412 02/23/2023 THE ROOF AUTHORITY INC 6,540.00 433413 02/23/2023 IRC HEALTHY START COALITION INC 15,875.00 433414 02/23/2023 IRC HEALTHY START COALITION INC 9,582.18 433415 02/23/2023 NOTARY PUBLIC UNDERWRITERS INC 360.90 433416 02/23/2023 L WALTON ELECTRIC INC 445.00 433417 02/23/2023 INDIAN RIVER FARMS WATER CNTRL DIST 934.17 433418 02/23/2023 LARRY STALEY 706.00 433419 02/23/2023 CHILDRENS HOME SOCIETY OF FL 1,750.00 433420 02/23/2023 ELXSI INC 526.30 433421 02/23/2023 DEPARTMENT OF HEALTH AND HUMAN SERVICES 180.00 433422 02/23/2023 DAVID SPARKS 808.00 433423 02/23/2023 FORT PIERCE HOUSING AUTHORITY 825.00 433424 02/23/2023 MIDWEST MOTOR SUPPLY CO 397.74 433425 02/23/2023 PELICAN ISLAND AUDUBON SOCIETY INC 5,594.87 433426 02/23/2023 THE PALMS AT VERO BEACH 2,736.00 433427 02/23/2023 TRANE US INC 775.20 433428 02/23/2023 HULETT ENVIRONMENTAL SERVICES 540.00 433429 02/23/2023 ARTHUR PRUETT 798.00 433430 02/23/2023 ELECTRONIC ACCESS SPECIALIST 1,494.43 433431 02/23/2023 SYNAGRO-WWT INC 80,521.05 433432 02/23/2023 POLYDYNE INC 3,749.00 433433 02/23/2023 PARGAS 855.50 433434 02/23/2023 SOUTHERN JANITOR SUPPLY INC 3,215.90 433435 02/23/2023 MICHAEL JAHOLKOWSKI 554.00 433436 02/23/2023 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 250.00 433437 02/23/2023 ARDAMAN & ASSOCIATES INC 2,210.50 433438 02/23/2023 RICHARD SCHLITT 862.00 433439 02/23/2023 1 ST FIRE & SECURITY INC 145.00 433440 02/23/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 36.03 433441 02/23/2023 SUNCOAST REALTY & RENTAL MGMT LLC 753.00 433442 02/23/2023 PAMELA R CUMMINGS 689.00 433443 02/23/2023 MENTAL HEALTH ASSOCIATION IRC INC 6,446.91 433444 02/23/2023 INDIAN RIVER RDA LP 532.00 433445 02/23/2023 DAWN WITHERINGTON 2,400.00 433446 02/23/2023 CEMEX INC 710.64 433447 02/23/2023 REDLANDS CHRISTIAN MIGRANT ASSOC 5,651.03 433448 02/23/2023 SIMS CRANE & EQUIPMENT CO 663.00 433449 02/23/2023 PETER J CASSARA 1,600.00 433450 02/23/2023 AFFORDABLE WATER & COFFEE SVC 30.00 433451 02/23/2023 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 9,523.68 433452 02/23/2023 TRADEWINDS POWER CORP 2,297.77 433453 02/23/2023 TREASURE COAST FOOD BANK INC 509.67 433454 02/23/2023 NICOLACE MARKETING INC 14,181.30 433455 02/23/2023 OKEECHOBEE PARTNERS LLC 1,050.00 433456 02/23/2023 STAT MEDICAL DISPOSAL INC 450.00 433457 02/23/2023 OVERDRIVE INC 12,111.75 433458 02/23/2023 MISS INC OF THE TREASURE COAST 2,127.00 433459 02/23/2023 XYLEM WATER SOLUTION USA INC 10,238.15 46 TRANS NBR DATE VENDOR AMOUNT 433460 02/23/2023 PROMATIC INC 146.13 433461 02/23/2023 VERO BEACH PARTNERSHIP 400.00 433462 02/23/2023 GFA INTERNATIONAL INC 22,055.00 433463 02/23/2023 FIVE STAR PROPERTY HOLDING LLC 1,865.94 433464 02/23/2023 ALAN JAY FORD LINCOLN MERCURY INC 37,289.00 433465 02/23/2023 MUNICIPAL EMERGENCY SERVICES INC 5,629.90 433466 02/23/2023 BURNETT LIME CO INC 11,404.20 433467 02/23/2023 LEARNING ALLIANCE 100,856.25 433468 02/23/2023 SOUTHERN MANAGEMENT LLC 1,911.60 433469 02/23/2023 TRINOVA-FLORIDA INC 3,459.70 433470 02/23/2023 STS MAINTAIN SERVICES INC 14,410.45 433471 02/23/2023 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 433472 02/23/2023 HAWKINS INC 3,921.75 433473 02/23/2023 RICHARD SZPYRKA 98.75 433474 02/23/2023 ANDERSEN ANDRE CONSULTING ENGINEERS INC 4,519.00 433475 02/23/2023 AUGUSTUS B FORT JR 939.00 433476 02/23/2023 A GREAT FENCE LLC 1,190.00 433477 02/23/2023 UNIFIRST CORPORATION 1,455.32 433478 02/23/2023 H&H SHADOWBROOK LLC 737.00 433479 02/23/2023 CDA SOLUTIONS INC 2,296.05 433480 02/23/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 334.50 433481 02/23/2023 GOTTA GO GREEN ENTERPISES INC 89.83 433482 02/23/2023 WURTH USA INC 183.75 433483 02/23/2023 FLORIDA EAST COAST HOLDINGS CORP 3,934.00 433484 02/23/2023 RECYCLE ACROSS AMERICA 250.00 433485 02/23/2023 WEDGEWOOD RENTALS LLC 768.00 433486 02/23/2023 CDW LLC 736.11 433487 02/23/2023 ALIX DENEAU 750.00 433488 02/23/2023 MATHESON TRI-GAS INC 4,803.50 433489 02/23/2023 COLE AUTO SUPPLY INC 6,242.05 433490 02/23/2023 KONICA MINOLTA BUSINESS SOLUTIONS 518.06 433491 02/23/2023 BETH NOLAN 450.00 433492 02/23/2023 DAY DREAMS UNIFORMS INC 334.00 433493 02/23/2023 NKW PIP HOLDINGS I LLC 942.00 433494 02/23/2023 FLORIDA BULB & BALLAST INC 784.50 433495 02/23/2023 DAVE FORD PAINTING INC 2,250.00 433496 02/23/2023 CALVIN GIORDANO & ASSOCIATES INC 28,719.38 433497 02/23/2023 VEOLIA WATER TECHNOLOGIES INC 61,394.98 433498 02/23/2023 CORE & MAIN LP 75,864.55 433499 02/23/2023 WOERNER AGRIBUSINESS LLC 432.00 433500 02/23/2023 REXEL USA INC 211.00 433501 02/23/2023 KARL POKRANDT 1,109.00 433502 02/23/2023 LAURAYONKERS 120.00 433503 02/23/2023 BRANDON ROUER 5,304.00 433504 02/23/2023 HUDSON CONSULTING & MANAGEMENT LLC 716.00 433505 02/23/2023 AMAZON CAPITAL SERVICES INC 9,261.11 433506 02/23/2023 AMERIGAS PROPANE LP 3,078.18 433507 02/23/2023 DAVID MIKE 75.00 433508 02/23/2023 JORDAN POWER EQUIPMENT CORP 15.00 433509 02/23/2023 LIBERTY TIRE RECYCLING LLC 10,088.00 433510 02/23/2023 MULLINAX FORD OF VERO BEACH 1,066.94 433511 02/23/2023 JUDITH A BURLEY 1,012.00 433512 02/23/2023 SHARON P BRENNAN 602.00 433513 02/23/2023 NETCENTRIC TECHNOLOGIES INC 93.60 433514 02/23/2023 R&S RADIO LLC 400.00 433515 02/23/2023 SAFEWARE INC 7,730.00 433516 02/23/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 322.98 433517 02/23/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 84.63 433518 02/23/2023 DESK SPINCO INC 1,893.36 47 TRANS NBR DATE VENDOR AMOUNT 433519 02/23/2023 A PLUS PROPERTY MANAGEMENT INC 3,094.00 433520 02/23/2023 FERGUSON US HOLDINGS INC 11,947.20 433521 02/23/2023 BLUE GOOSE CONSTRUCTION LLC 321.30 433522 02/23/2023 ORCHARD GROVE VENTURE LLC 675.00 433523 02/23/2023 STAPLES INC 1,143.71 433524 02/23/2023 LOWES COMPANIES INC 5,459.80 433525 02/23/2023 SMI TRADING LLC 30.32 433526 02/23/2023 GOOD SPORTSMAN MARKETING LLC 393.53 433527 02/23/2023 BREGO PROPERTIES LLC 750.00 433528 02/23/2023 SREIT LEXINGTON CLUB LLC 4,476.00 433529 02/23/2023 QUADMED INC 709.15 433530 02/23/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 484.00 433531 02/23/2023 MARLBROS HOLDINGS LLC 1,341.00 433532 02/23/2023 AQUATIC WEED CONTROL INC 145.00 433533 02/23/2023 BRITTON INDUSTRIES INC 183.77 433534 02/23/2023 BRITTON INDUSTRIES INC 111.86 433535 02/23/2023 HIREQUEST LLC 6,757.74 433536 02/23/2023 SEUNG KIM 708.00 433537 02/23/2023 A TEAM OF THE TREASURE COAST INC 1,720.00 433538 02/23/2023 NEX-GEN PARTNERS LLC 5,435.00 433539 02/23/2023 EZAS INVESTMENTS LLC 1,300.00 433540 02/23/2023 MICHAEL MILLER 1,361.00 433541 02/23/2023 JBM PROPERTY MANAGEMENT LLC 1,400.00 433542 02/23/2023 RS REALTY ADVISORS LLC 1,818.00 433543 02/23/2023 SHAMROCK ENVIRONMENTAL CORPORATION 22,226.62 433544 02/23/2023 WESTERN OILFIELDS SUPPLY COMPANY 5,665.22 433545 02/23/2023 WILLIAM J LAHEY 1,900.00 433546 02/23/2023 SONIA SUSAN SOSA 993.00 433547 02/23/2023 ULTIMATE PROPERTIES & LOGISTICS LLC 2,450.00 433548 02/23/2023 SHRIEVE CHEMICAL CO LLC 9,014.59 433549 02/23/2023 BTAC HOLDING CORP 6,424.44 433550 02/23/2023 CONSOLIDATED WATER GROUP LLC 518.20 433551 02/23/2023 TPH HOLDINGS LLC 678.21 433552 02/23/2023 CRYSTAL MCANELLY DIVERS 245.00 433553 02/23/2023 SEVEN ISLES CAPITAL 2,215.00 433554 02/23/2023 OSCARALVARADO 709.00 433555 02/23/2023 COFFEY BROTHERS INC 463.08 433556 02/23/2023 JEFFERY HOGUES 2,050.00 433557 02/23/2023 NATIONAL CONSTRUCTION RENTALS INC 618.24 433558 02/23/2023 ANCHOR MECHANICAL INC 2,786.41 433559 02/23/2023 KAREN CHENNELL 2,243.00 433560 02/23/2023 JT VERO PROPERTIES LLC 3,348.00 433561 02/23/2023 DE 2018 PLLC 1,100.00 433562 02/23/2023 PREMIER NURSERIES LLC 2,135.68 433563 02/23/2023 SM REALTY PARTNERS LLC 2,207.00 433564 02/23/2023 IXORIA RE LLC 2,465.00 433565 02/23/2023 SEAN GIVANS 225.00 433566 02/23/2023 DONNA W ROBERTS 60.00 433567 02/23/2023 HI LIFE PROPERTY MANAGEMENT LLC 1,578.00 433568 02/23/2023 FRANK & AIMEE DZAMA 115.95 433569 02/23/2023 JB JONES JR 721.00 433570 02/23/2023 RITA PARISI 400.00 433571 02/23/2023 UNA GRAHAM 1,400.00 433572 02/23/2023 HAR-RO PROPERTIES LLC 1,030.00 433573 02/23/2023 FIRST ARRIVING LLC 669.00 433574 02/23/2023 MATTHEW SOYKA 98.75 433575 02/23/2023 RICHARD REICHENBACH 98.75 433576 02/23/2023 CLARK COUNTY PUBLIC LIBRARY 40.00 433577 02/23/2023 JOHN DAVID HAYES 5,900.00 TRANS NBR DATE VENDOR Grand Total: AMOUNT 2,085,272.73 49 TRANS NBR DATE 902480 02/23/2023 902481 02/23/2023 902482 02/23/2023 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN VENDOR GRACES LANDING LTD THE PALMS AT VERO BEACH ORCHARD GROVE VENTURE LLC AMOUNT 240.00 742.00 658.00 1,640.00 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020380 02/17/2023 OFFICE DEPOT INC 2,156.68 1020381 02/17/2023 WASTE MANAGEMENT INC OF FLORIDA 231.60 1020382 02/21/2023 FIRST HOSPITAL LABORATORIES INC 1,018.00 1020383 02/22/2023 COMCAST 225.00 1020384 02/22/2023 WASTE MANAGEMENT INC OF FLORIDA 1,613.02 1020385 02/23/2023 NORTH SOUTH SUPPLY INC 496.89 1020386 02/23/2023 MIKES GARAGE & WRECKER SERVICE INC 1,140.00 1020387 02/23/2023 GALLS LLC 4,856.82 1020388 02/23/2023 MEEKS PLUMBING INC 1,031.91 1020389 02/23/2023 IRRIGATION CONSULTANTS UNLIMITED INC 90.61 1020390 02/23/2023 WORLD INDUSTRIAL EQUIPMENT INC 1,360.50 1020391 02/23/2023 GROVE WELDERS INC 46.39 1020392 02/23/2023 COMMERCIAL ENERGY SPECIALISTS 1,139.82 1020393 02/23/2023 HD SUPPLY FACILITIES MAINTENANCE LTD 88.06 1020394 02/23/2023 PRIDE ENTERPRISES 3,513.90 1020395 02/23/2023 RADWELL INTERNATIONAL INC 131.30 1020396 02/23/2023 ALLIED DIVERSIFIED OF VERO BEACH LLC 4,695.00 1020397 02/23/2023 EFE INC 764.05 1020398 02/23/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 1,474.73 1020399 02/23/2023 CARLON INC 1,403.00 Grand Total: 27,477.28 51 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10292 02/17/2023 KIMLEY HORN & ASSOC INC 50,809.00 10293 02/17/2023 KIMLEY HORN & ASSOC INC 4,000.00 10294 02/17/2023 IRC FIRE FIGHTERS ASSOC 10,438.22 10295 02/17/2023 TEAMSTERS LOCAL UNION #769 5,444.00 10296 02/17/2023 FL SDU 3,328.49 10297 02/17/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 9,662.25 10298 02/17/2023 PUBLIC DEFENDER 3,272.71 10299 02/17/2023 MUTUAL OF OMAHA 2,711.25 10300 02/17/2023 APTIM CORP 8,785.92 10301 02/17/2023 EDH HOLDINGS LLC 2,181.06 10302 02/17/2023 LINCOLN RETIREMENT 86,947.12 10303 02/21/2023 IRS -PAYROLL TAXES 543,785.57 10304 02/22/2023 IRS -PAYROLL TAXES 10.04 10305 02/23/2023 KIMLEY HORN & ASSOC INC 13,000.00 10306 02/23/2023 TIMOTHY ROSE CONTRACTING INC 840,763.20 10307 02/23/2023 VERO HERITAGE INC 6,443.90 10308 02/23/2023 VETERANS COUNCIL OF I R C 6,326.60 10309 02/23/2023 SAVE ON SP LLC 27,881.89 10310 02/23/2023 EDH HOLDINGS LLC 5,343.00 10311 02/23/2023 HALLEY ENGINEERING CONTRACTORS INC 253,396.47 Grand Total: 1,884,530.69 52 DO INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael Zito Interim County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Brian Freeman, AICP MPO Staff Director DATE: February 24, 2023 SUBJECT: Consideration of the 2023 Title VI Program Update for Public Transportation It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of March 7, 2023. DESCRIPTION, CONDITIONS, AND ANALYSIS Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving federal financial assistance. As a direct recipient of federal public transportation funds, Indian River County is required to submit a Title VI program to the Federal Transit Administration (FTA). The purpose of the Title VI program is to document the methods by which Indian River County ensures that its transit services are provided in a nondiscriminatory manner. Federal regulations stipulate which elements must be included in the Title VI Program. For Indian River County, the Title VI program includes a description of the county's complaint process, a limited English proficiency (LEP) population analysis, and transit service standards and policies. The Title VI program must be updated every three years. Indian River County's current Title VI program expires on April 1, 2023.The attached document complies with the requirements issued by FTA for Title VI programs. In order for Indian River County to continue receiving federal public transportation funds, the Title VI program needs to be approved by the Board and submitted to the FTA for its review and approval. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Title VI Program Update and direct staff to submit the program to the Federal Transit Administration. ATTACHMENTS 1. 2023 Title VI Program Update. 53 CAGranicus\Legistar5\L5\Temp\e1497479-971d4602-aaaf-d4IW621c6e.docx 1 Indian River County Title VI Program Prepared by the: Indian River County Metropolitan Planning Organization 1801 27th Street Vero Beach, FL 32960 Phone: (772) 226-1455 February 2023 54 Table of Contents Resolution................................................................................................................................................ iii Title VI Nondiscrimination Policy Statement............................................................................................ v Introduction..............................................................................................................................................6 TitleVI Program Checklist.........................................................................................................................6 Section 1— General Reporting Requirements..............................................................................................9 1-1 Title VI Notice to the Public..........................................................................................................9 1-2 Title VI Complaint Procedures and Form......................................................................................9 1-3 Record of Title VI Investigations, Complaints, or Lawsuits.........................................................10 1-4 Promoting Inclusive Public Participation....................................................................................10 1-5 Providing Meaningful Access to Services by Persons with Limited English Proficiency (LEP) ....11 Results of the Four Factor Analysis, including a description of the LEP population(s) served ...............12 Developing a Language Assistance Plan.................................................................................................16 1-6 Determination of Site or Location of Facilities...........................................................................18 Section 2 - Specific Requirements for Transit Providers.............................................................................19 2-1 Service Standards........................................................................................................................19 VehicleLoad............................................................................................................................................19 VehicleHeadway.....................................................................................................................................19 On -Time Performance.............................................................................................................................20 ServiceAvailability.................................................................................................................................. 20 2-2 Service Policies............................................................................................................................21 Distribution of Transit Amenities............................................................................................................21 VehicleAssignment.................................................................................................................................21 Appendix A: Title VI Notices to the Public..................................................................................................23 Appendix B: Title VI Complaint Form..........................................................................................................24 55 RESOLUTION No. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE SUBMISSION OF A TRIENNIAL TITLE VI PROGRAM UPDATE TO THE FEDERAL TRANSIT ADMINISTRATION WHEREAS, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving federal financial assistance; WHEREAS, the Federal Transit Administration (FTA) requires that all direct and primary recipients document their compliance with Title VI requirements by submitting a Title VI Program Update every three years; and WHEREAS, the Indian River County Board of County Commissioners must approve the Title VI Program Update prior to submission to the FTA; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS THAT: 1. The Board Hereby approves the 2023 Title VI Program Update. 2. The Chairman, or in his or her absence, the Vice Chairman, is hereby authorized to sign the Title VI Program Update transmittal letter. 3. The MPO Staff Director is authorized to sign any and all assurances, warranties, certifications, and other documents which may be required in connection with the 2023 Title VI Program Update. THIS RESOLUTION was moved for adoption by the motion was seconded by the vote was as follows: Chairman Joseph Earman Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss and and, upon being put to a vote, The Chairman thereupon declared the resolution duly passed and adopted this day of March, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph Earman, Chairman 56 RESOLUTION No. 2023 - Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk State of Florida, County of Indian River The foregoing instrument was acknowledged before by means of ❑ physical presence or ❑ online notarization, this day of March, 2023 by Joseph Earman as Chairman of the Indian River Newuser12345 County Board of County Commissioners who is ❑ personally known or ❑ produced identification Type of ID Produced _ Printed name of Notary Signature of Notary_ Notary Seal APPROVED AS TO FORMAND LEGAL SUFFICIENCY BY: Dylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Phillip J. Matson, AICP, Director Community Development Department iv 57 TITLE VI NONDISCRIMINATION POLICY STATEMENT Indian River County and its transit service provider, the Senior Resource Association (SRA), are committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended. It is Indian River County's objective to: 1. Ensure that the level and quality of transportation service is provided without regard to race, color or national origin; 2. Identify and address, as appropriate, disproportionately high and adverse human health and environmental effects, including social and economic effects of programs and activities on minority populations and low-income populations; 3. Promote the full and fair participation of all affected populations in transportation decision making; 4. Prevent the denial, reduction or delay in benefits related to programs and activities that benefit minority populations or low-income populations; and 5. Ensure meaningful access to programs and activities by persons with limited English proficiency (LEP). The County Attorney has been designated as the County's Title VI Nondiscrimination Coordinator, responsible for civil rights compliance and monitoring to ensure the nondiscriminatory provision of transit services and programs. In addition, the SRA is responsible for implementing all aspects of the Title VI Program. All County and SRA employees share the responsibility and are committed to ensuring that Indian River County's Title VI Program is strictly adhered to. Dylan Reingold, County Attorney Date v 58 INTRODUCTION Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving federal financial assistance. As a direct recipient of federal public transportation funds, Indian River County is required to submit a Title VI update to the Federal Transit Administration (FTA). This update includes the level and quality of transit service provided for minority and low-income areas and also system -wide environmental justice policies and procedures. This update is submitted to the FTA every three years and is intended to demonstrate compliance with Title VI requirements. The purpose of this Title VI program is to assure that no person is excluded from participating in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance from the FTA, on grounds of race, color, or national origin. This report will detail policies and procedures for ensuring Title VI compliance. This program is consistent with FTA Circular 4702.16, dated October 1, 2012. TITLE VI PROGRAM CHECKLIST The following checklist addresses Title Vl reporting requirements for all recipients as described in FTA Circular 4702.18: 1. Title VI Notice to the Public, including a list of locations where the notice is posted ✓ Pages 9, 23 2. Title VI Complaint Procedures ✓ Page 9 3. Title VI Complaint Form ✓ Page 24 4. List of transit -related Title VI investigations, complaints, and lawsuits ✓ Page 10 S. Public Participation Plan, including information about outreach methods to engage minority and limited English proficient populations (LEP), as well as a summary of outreach efforts made since the last Title VI Program submission ✓ Page 10 6. Language Assistance Plan for providing language assistance to persons with limited English proficiency (LEP), based on the DOT LEP Guidance Title VI Program (2023 Update) Page 6 59 ✓ Page 12 7. A table depicting the membership of non -elected committees and councils, the membership of which is selected by the recipient, broken down by race, and a description of the process the agency uses to encourage the participation of minorities on such committees N/A 8. Primary recipients shall include a description of how the agency monitors its subrecipients for compliance with Title VI, and a schedule of subrecipient Title VI Program submissions N/A 9. A Title VI equity analysis if the recipient has constructed a facility, such as a vehicle storage facility, maintenance facility, operation center, etc. ✓ Page 18 10. A copy of board meeting minutes, resolution, or other appropriate documentation showing the board of directors or appropriate governing entity or official(s) responsible for policy decisions reviewed and approved the Title VI Program. For State DOT's, the appropriate governing entity is the State's Secretary of Transportation or equivalent. The approval must occur prior to submission to FTA. ✓ Page iii The following checklist addresses Title V/ reporting requirements for all fixed route transit providers as described in FTA Circular 4702.18: Service standards: 1. Vehicle load ✓ Page 19 2. Vehicle headway ✓ Page 20 3. On time performance ✓ Page 20 4. Service availability ✓ Page 20 Title VI Program (2023 Update) Page 7 60 Service policies: 1. Transit Amenities ✓ Page 21 2. Vehicle Assignment ✓ Page 22 Title VI Program (2023 Update) Page 8 61 SECTION 1- GENERAL REPORTING REQUIREMENTS The following information addresses the Title VI general reporting requirements, as described in Chapter III of the FTA Circular 4702.113. 1-1 TITLE VI NOTICE TO THE PUBLIC Agencies shall inform the public of their rights under Title VI through such measures as posting the Title VI notice on posters, comment cards, or flyers placed at stations, bus shelters, and in transit vehicles. The type, timing, and frequency of these measures are at the recipient's discretion, as long as the type, timing, and frequency are sufficient to notify passengers and other interested persons of their rights under DOT's Title VI regulations with regard to the recipient's program. Notices detailing a recipient's Title VI obligations and complaint procedures shall be translated into languages other than English, as needed and consistent with the DOT LEP Guidance and the recipient's language assistance plan. Indian River County has a Title VI notice to the public that directs citizens to contact the County if any person feels that the County or its transit service provider, the Senior Resource Association (SRA), has violated his or her Title VI protections. This notice is on the County website, the GoLine website, on GoLine buses, at GoLine stations, and in the GoLine rider brochure. The Title VI notice is available in both English and Spanish. A copy of the Title VI notice is provided in Appendix A. 1-2 TITLE VI COMPLAINT PROCEDURES AND FORM In order to comply with the reporting requirements established in 49 CFR Section 21.9(b), all recipients shall develop procedures for investigating and tracking Title VI complaints filed against them and make their procedures for filing a complaint available to members of the public. Recipients must also develop a Title VI complaint form, and the form and procedure for filing a complaint shall be available on the recipient's website. FTA requires direct and primary recipients to report information regarding their complaint procedures in their Title VI Programs in order for FTA to determine compliance with DOT's Title VI regulations. As a recipient of federal dollars, Indian River County is required to comply with Title VI of the Civil Rights Act of 1964, as amended, and ensure that services and benefits are provided on a nondiscriminatory basis. The County has in place a Title VI Complaint Procedure, which outlines a process for local disposition of Title VI complaints and is consistent with guidelines found in FTA Circular 4702.113, dated October 1, 2012. The complaint procedure has five (5) steps, outlined below: Submission of Complaint: Any person who feels that he or she, individually, or as a member of any class of persons, on a basis of race, color, or national origin has been excluded from or denied the benefits of, or subjected to discrimination under any program of activity receiving federal financial assistance through Indian River County may file a written complaint, using the FTA Title VI complaint form which can be downloaded by accessing the following link at the GoLine website: http://www.golineirt.com/documents/VI Complaint Form.pdf (a copy of the complaint form is also available in Appendix 13). Any complaint must be filed within 180 calendar days after the person believes discrimination occurred. If the complainant is unable to provide a written complaint, the Title VI Specialist will conduct an interview and assist the complainant in converting verbal complaints to writing. All complaints must be signed by the complainant or his/her representative. Title VI Program (2023 Update) Page 9 62 2. Complaint Tracking Log: Once Indian River County receives the complaint and the investigation is initiated, the complaint will receive a case number and will then be logged into the County's records identifying its basis and alleged harm. 3. Complaint Review: Upon receipt of the signed complaint, the MPO's Title VI Specialist will coordinate with the County and its transit service provider, the SRA, to ensure a thorough review of the complaint within 60 calendar days after the date received. If more time is required, the Title VI Specialist shall notify the complainant of the estimated timeframe for completing the review. Upon completion of the review, the Title VI Specialist shall make a recommendation regarding the merit of the complaint and whether remedial actions are available to provide redress. Additionally, the Title VI Specialist may recommend improvements relative to Title VI and environmental justice, as appropriate. The Title VI Specialist shall then issue a written response to the complainant explaining the determination. Request for Reconsideration: If the complainant is dissatisfied with the determination and/or resolution set forth by the County, the same complaint may be submitted to the Federal Transit Administration (FTA) for investigation. Complainant will be advised to contact the Federal Transit Administration, Office of Civil Rights, 1200 New Jersey Avenue SE, Washington, DC 20590. County Response to FTA: A copy of the complaint and the County's investigative report of finding and final remediation action plan, if appropriate, will be issued to FTA within 120 days of receipt of the complaint. A summary of the complaint and its resolution will be included as part of the Title VI updates to the FTA. 1-3 RECORD OF TITLE VI INVESTIGATIONS, COMPLAINTS, OR LAWSUITS In order to comply with the reporting requirements of 49 CFR Section 21.9(b), FTA requires all recipients to prepare and maintain a list of any of the following that allege discrimination on the basis of race, color, or national origin: active investigations conducted by entities other than FTA; lawsuits, and complaints naming the recipient. This list shall include the date that the investigation, lawsuit or complaint was filed; a summary of the allegation(s); the status of the investigation, lawsuit or complaint, and actions taken by the recipient in response, or final findings related to, the investigation, lawsuit or complaint. There are no lawsuits or complaints alleging that Indian River County discriminates on the basis of race, color, or national origin with respect to service or other transit benefits. 1-4 PROMOTING INCLUSIVE PUBLIC PARTICIPATION The content and considerations of Title Vl, the Executive Order on LEP, and the DOT LEP Guidance shall be integrated into each recipient's established public participation plan or process (i.e., the document that explicitly describes the proactive strategies, procedures, and desired outcomes that underpin the recipient's public participation activities). Grant recipients are required to comply with the public participation requirements of 49 U.S.C. Sections 5307(b) (requires programs of projects to be developed with public participation) and 5307(c)(1)(1) (requires a locally developed process to consider public comment before raising a fare or carrying out a major reduction in transportation service). Recipients engaged in planning and other decision-making activities at the local level should consider the principles embodied in the planning regulations, and develop and use a documented public participation plan or process that provides adequate notice of public participation activities, as well as early and continuous opportunities for public review and comment at key decision points. Title VI Program (2023 Update) Page 10 63 Indian River County welcomes the opportunity to include the public in its activities. The County continually updates both the County website and the GoLine website to provide the most current information on transit activities, including, but not limited to, public notices, service changes, public workshops, fares, and policies. Comparable information is posted on GoLine buses and at GoLine stations. The County's transit service provider, the Senior Resource Association (SRA), produces a rider brochure, also available on the GoLine website, with information on GoLine policies, procedures, and routes. The County, to the best of its ability, follows the Indian River County Metropolitan Planning Organization's Public Participation Plan. The MPO's Public Participation Plan sets forth the MPO's vision for public participation, identifies strategies for engaging the public, and establishes protocols for receiving public comment. The MPO's Public Participation Plan is available on the MPO's website at the following link: h_ttps://ircgov.com/mpo/Documents/Studies/PPP 2020.pdf. The MPO continually updates its website to provide the most current information on transportation planning activities. In an effort to identify racial and ethnic minority, transportation disadvantaged, economically challenged, Limited English Proficient (LEP), elderly, and other populations that could potentially be the victims of discrimination in the use of federal funds, the Indian River County MPO maintains a Community Characteristics Report, which divides the county into 24 communities based on census tract boundaries. This report was first developed in 2003 and was the first such report in the state of Florida. Since that year, the report was been twice updated: first using data from the 2010 Census and American Community Survey (ACS) along then again using 2015 ACS. The Community Characteristics Report is available on the MPO's website (https://www.irmpo.com/Documents/Studies/Community-Profile.pdf). For each community, major institutions and issues of concern were identified in order to meet the state's mandate of "early and proactive public involvement in future transportation improvements." At the time of this report, staff is preparing an update to the Community Characteristics Report based on 2020 Census data. Based on the results of that input, the MPO has identified a number of neighborhoods with minority populations and has targeted numerous public transportation events and outreach activities in those areas. Most of these events have been conducted in conjunction with updates to the MPO's Transit Development Plan (TDP) and Long Range Transportation Plan (LRTP). As part of the 2015 LRTP process, ten public workshops were conducted throughout the county to gather public input on the future of public transportation in Indian River County. Of those ten public workshops, five were conducted in predominantly minority communities, including a predominantly African-American community and a predominantly Spanish-speaking community. In addition, the 2018 Transit Development Plan (TDP) process included substantial outreach to both transit users and non-users. Over 750 passenger surveys (and an additional 249 online surveys) were conducted to provide riders an opportunity to provide the MPO with valuable feedback on how the public transportation can best serve the community and the surrounding region. Both the workshops and surveys were conducted in both English and Spanish, as needed. 1-5 PROVIDING MEANINGFUL ACCESS TO SERVICES BY PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP) Consistent with Title VI of the Civil Rights Act of 1964, DOT's implementing regulations, and Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency" (65 FR 50121, Aug. 11, 2000), recipients shall take reasonable steps to ensure meaningful access to benefits, services, information, and other Title VI Program (2023 Update) Page 11 64 important portions of their programs and activities for individuals who are limited -English proficient (LEP). In order to ensure meaningful access to programs and activities, recipients shall use the information obtained in the Four Factor Analysis to determine the specific language services that are appropriate to provide. Results of the Four Factor Analysis, including a description of the LEP population(s) served To continue reaching LEP persons in Indian River County, MPO staff conducted targeted needs assessments and gathered data to gain an understanding of the public transportation needs. The four - factor framework, as described in Chapter III of FTA Circular 4702.113, was used to determine the following: Factor 1 — The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or recipient. According to data from the Census Bureau's 2020 American Community Survey (ACS), Indian River County's population aged 5 years and over is 150,484, with 86.2% speaking English as the primary language at home. The ACS estimates that 14,177 people, or 9.4% of the population age 5 and over, speaks primarily Spanish at home. Table 1 provides a detailed breakdown of the languages spoken in Indian River County. Over five percent of the total population speaks English less than "very well". Of those who speak English less than "very well", the overwhelming majority speak Spanish as their primary language. Map 1 shows the geographic location of persons in Indian River County who speak English less than "very well". As a result of this analysis, the GoLine has targeted Spanish speakers as the predominant LEP population for assistance. The agency will work to target areas with a high proportion of LEP populations to ensure that all needs for assistance are met. Factor 2 - The frequency with which LEP persons come into contact with the program. The Federal guidance for this factor recommends that agencies should assess the frequency with which they have contact with LEP individuals from different language groups. The more frequent the contact with a particular LEP language group, the more likely enhanced services will be needed. Among the users of the GoLine are persons with LEP. As shown in Map 1, many GoLine routes serve portions of Indian River County where there are concentrations of persons with LEP. This includes the community of Fellsmere, where, according to 2020 ACS 5 -year data, 22% of the population speaks English less than "very well". In the Fellsmere community, nearly all LEP persons speak Spanish as their primary language. Factor 3 - The nature and importance of the program, activity, or service provided by the program to people's lives. Due to the number of Spanish-speaking residents that rely upon the GoLine as a primary mode of transportation, the County's transit service provider, the SRA, maintains at least one Spanish- speaking dispatcher and driver on staff. Where feasible, the County, the MPO, and SRA translate plans, programs, and guidelines into Spanish, including surveys. In addition, both the County and the MPO make available translators at public transportation public meetings conducted in Title VI Program (2023 Update) Page 12 65 Fellsmere, a community which has the highest concentration of LEP persons in Indian River County. Factor 4 - The resources available to the recipient for LEP outreach, as well as the costs associated with that outreach As discussed above, many LEP persons depend on the GoLine public transportation system as a primary mode of travel. Based on the current resources available, Indian River County, the MPO, and transit service operator (SRA) are providing the most cost-effective means of delivering competent and accurate language services within the GoLine service area. Both the County and SRA employ bilingual persons to assist with translating when needed. Both the County and the SRA will continue to monitor the need for additional language assistance, including the need for greater dissemination of information in the existing languages and/or translation to new languages. If additional services are needed, the County and the SRA will determine which additional language assistance measures are cost-effective and feasible for implementation based on current and projected financial resources. Title VI Program (2023 Update) Page 13 66 Table 1— Languages Spoken in Indian River County Languages Spoken at Home 2020 ACS — SYR Table C16001 (Population Age 5 and Above) % of Total Total Population Speaking Population Language Population English Less Than Speaking English "Very Well" Less Than "Very Well" English 129,666 0 0.00% Spanish 14,177 4,841 3.22% French (incl. Patois, Cajun) 1,958 791 0.53% German or other West Germanic 673 87 0.06% Languages Russian, Polish, or other Slavic 719 172 0.11% languages: Other Indo-European languages: 1,813 692 0.46% Korean: 0 0 0.00% Chinese (incl. Mandarin, 235 134 0.09% Cantonese): Vietnamese: 121 121 0.08% Tagalog (incl. Filipino): 223 0 0.00% Other Asian and Pacific Island 470 367 0.24% languages: Arabic: 156 24 0.02% Other and unspecified 273 67 0.04% languages: * All calculations assume an estimated 150,484 total population above 5 years old as of 2020 within Indian River County, FL. Title VI Program (2023 Update) Page 14 67 Map 1— Persons with LEP in Indian River County Indian River County: Limited English Proficiency as a Percentage of the Population ► N Source: 2020 ACS 5 - Year Estimates (S1601) Aggregated to Tract Level 0 1-15 2-5 Maks ge �FEEvkk;) CC NTY ` r 0% I 6.4% 0.2% 1.3 % 2.6% 0% 0% 32.4% 0% 7.3 1.3% 10.3% 0% 1.6 1.3% 4%_ 4.1% 3.8%., 0% 4.5% 0.7% 0% 4.9°/ 3.4% 7% ' i 6.5%---- -[12.4% 5.5% 0.6 IX 7.1% 1.5% X8.8% 1.6% 0.6% i 4 $T. i41 AN10-0,0NTY Developing a Language Assistance Plan Based upon the Four Factor Analysis described above, the Language Assistance Plan addresses the results and provides further direction. Describe how the recipient provides language assistance services by language. Individuals who have a limited ability to read, write, speak, or understand English are considered LEP persons. Indian River County recognizes that a special effort is necessary to communicate important transit information to some transit system users. In order to meet this need, the County and its transit service provider, the SRA, take the following steps: • Seek out opportunities to conduct outreach to the community and faith -based organizations serving minority populations. • Provide language assistance on its transit customer service hotline. • Participate in updates to the County's evacuation and disaster preparedness plans to ensure the plans include the needs of all community members, especially LEP, low-income, and minority populations. • Continue to review programs, activities, and services provided to ensure that LEP persons can participate and utilize our services. To determine how best to continue reaching LEP persons in Indian River County and improve current ongoing efforts, the County and the SRA will continue to conduct targeted needs assessments and gather data to gain an understanding of the need. Describe how the recipient provides notice to LEP persons about the availability of language assistance. Through the methods listed below, the County and its transit service provider, the SRA, provide notice to LEP persons about the availability of language assistance: • Website: Both the MPO and GoLine websites feature a language translator for over 100 languages. For GoLine passengers, information on how to access GoLine services, bus schedules, route maps, and instructions on riding the bus are available in English and Spanish. • Safety and Security: Several GoLine drivers speak Spanish and assist Spanish-speaking bus riders as needed. • Training: Driver training for new employees and refresher training provided annually to drivers reminds them of the importance of conveying information to passengers as part of their customer service training. • Customer Service: Telephone lines are equipped to the extent possible with persons who speak Spanish and English. Personnel who are bilingual are identified for providing assistance. • Translated Material: Spanish versions of the rider brochure and survey materials are available upon request. • Telecommunications Device for the Deaf (TDD): The SRA, Indian River County's transit service provider, has a TDD dedicated line. • Community Outreach: Indian River County makes available persons who can serve as translators at community outreach meetings whenever possible. Title VI Program (2023 Update) Page 16 69 Describe how the recipient monitors, evaluates and updates the language assistance plan. Indian River County provides an ongoing needs assessment to determine how best to continue reaching LEP persons in the community and how to improve ongoing efforts. To ensure that the intent of the language assistance plan remains current, County and SRA staff will continue to monitor and update the plan and report progress every three years. These efforts will include the following actions: • Monitor current LEP populations in the service area and in emerging populations affected or encountered. • Assess the language assistance plan's success in meeting the needs of LEP persons. • Communicate the goals and objectives of the language assistance plan and evaluate the opportunity for community involvement and planning. • Post signs to communicate language services available at initial contact points. The County and SRA will continue to provide signage and written information on vehicles and at transfer stations in other languages. • Indicate the availability of language services on outreach documents, brochures, booklets, and in recruitment materials. • Whenever possible, make announcements in vehicles in other languages. • Whenever possible, make available telephone voicemail and menu systems in Spanish and services about how to get them. • Conduct outreach presentations and notices to schools, community, and faith -based organizations. The County and SRA will provide announcements and collect information on how best to serve LEP persons through community and faith -based organizations. • Whenever possible, include Spanish and other languages on its website. • Strive to provide excellent customer service, in-person and over the phone, in other languages. Front-line personnel will routinely provide information on LEP persons in order to best address identified needs. • Participate to the greatest extent possible in local events. Describe how the recipient trains employees to provide timely and reasonable language assistance to LEP populations. Both the County and SRA will provide ample training opportunities for employees to assist LEP populations with timely and reasonable language assistance. Towards this end, the County and SRA will conduct the following activities: • Provide information on LEP policies and procedures as part of new employee orientation and staff retraining. • Require staff to complete customer service traning and be provided guidance on working effectively with in-person and telephone interpreters. • Inform transit staff on how to obtain LEP services. • Train staff on how to respond to LEP persons over the telephone, through written communications, and through in-person contact. • Strive to ensure the competency of interpreters and translation services per DOT LEP Guidance Section VII(2). Title VI Program (2023 Update) Page 17 70 1-6 DETERMINATION OF SITE OR LOCATION OF FACILITIES Title 49 CFR Section 21.9(b)(3) states, "In determining the site or location of facilities, a recipient or applicant may not make selections with the purpose or effect of excluding persons from, denying them the benefits of, or subjecting them to discrimination under any program to which this regulation applies, on the grounds of race, color, or national origin; or with the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Act or this part." Title 49 CFR part 21, Appendix C, Section (3)(iv) provides, "The location of projects requiring land acquisition and the displacement of persons from their residences and businesses may not be determined on the basis of race, color, or national origin." For purposes of this requirement 'facilities" does not include bus shelters, as these are transit amenities and are covered in Chapter IV, nor does it include transit stations, power substations, etc., as those are evaluated during project development and the NEPA process. Facilities included in this provision include, but are not limited to, storage facilities, maintenance facilities, operations centers, etc. Indian River County is committed to determining sites and location of facilities in a fair and equitable manner that is in accordance with Title VI. Excluding bus shelters and transit stations, the County has constructed one transit facility in recent years. That facility is the Main Transit Hub located near downtown Vero Beach and was funded through a Section 5309 Bus Livability Program grant awarded by the FTA. A major route restructuring occurred with the opening of the Main Transit Hub in April, 2017. As a result of those route modifications, transit service was enhanced in the Gifford community (86% minority population) and the Oslo/Vero Beach Highlands community (29% minority population). In the case of Gifford, the number of transit routes serving the community was increased and direct service to Indian River Mall was introduced. For Oslo/Vero Beach Highlands, direct service is now offered to the Main Transit Hub (and its many connecting options). During the planning stage for the Main Transit Hub, a Title VI equity analysis was conducted as part of the facility's Documented Categorical Exclusion prepared through the National Environmental Policy (NEPA) process. Through this analysis, it was determined that the facility was in compliance with Title VI. Title VI Program (2023 Update) Page 18 71 SECTION 2 - SPECIFIC REQUIREMENTS FOR TRANSIT PROVIDERS The following information addresses the Title VI reporting requirements for fixed route transit providers, as described in Chapter IV of the FTA Circular 4702.113. 2-1 SERVICE STANDARDS FTA requires all fixed route transit providers to develop quantitative standards for all fixed route modes of operation for the indicators listed below. Providers of public transportation may set additional standards as appropriate or applicable to the type of service they provide. Section 2-1 summarizes the service standards for Indian River County's GoLine fixed -route transit system. GoLine operates as a fare free fixed -route system. The GoLine route network consists of 14 routes providing service throughout Indian River County, including the communities of Vero Beach, Sebastian, Fellsmere, Gifford, Wabasso, and Oslo. GoLine operates six days per week (Monday through Saturday). For most routes, weekday service hours are 6 AM to 7 PM, and Saturday service hours are 8 AM to 5 PM. GoLine's 14 routes connect at four transfer hubs: the Main Transit Hub, Indian River Mall, Gifford Health Center, North County Transit Hub, and the South County Park Intergenerational Center. At each hub, the connecting buses arrive at the same time, which allows for easy transfers from one route to another. According to MPO estimates, 47% of Indian River County residents live within Y4 mile of a GoLine route and 83% live within % mile of a GoLine route. Because GoLine is a fare free system and because a majority of county residents live close to a GoLine route, it is expected that the utilization of the GoLine public transportation system by the transportation disadvantaged population is very high. Vehicle Load Vehicle load can be expressed as the ratio of passengers to the total number of seats on a vehicle. For example, on a 40 -seat bus, a vehicle load of 1.3 means all seats are filled and there are approximately 12 standees. A vehicle load standard is generally expressed in terms of peak and off-peak times. Vehicle load, or load factor, is a ratio of the number of seats on a vehicle to the number of passengers on a particular route during periods of either peak or off-peak travel. Load factors are used by transit systems to determine the extent of possible overcrowding or the need for larger or additional vehicles on a route. The County and SRA monitor vehicle loads through feedback from passengers and operations staff, as well as ride checks. In situations where ridership increases on a route, then a larger vehicle will be assigned to that route to accommodate the increase in passengers. Because of Indian River County's aging population, it is the County's intent to operating transit vehicles with seating capacity for all passengers. Therefore, all transit routes operate at a vehicle load of 1.0 or below during all times (peak and non -peak). Vehicle Headway Vehicle headway is the amount of time between two vehicles traveling in the some direction on a given line or combination of lines. Title VI Program (2023 Update) Page 19 72 Vehicle headway is a measurement of the time interval between two vehicles traveling in the same direction along the same route. A shorter headway corresponds to more frequent service. Vehicle headways are measured in minutes (e.g., every 60 minutes). Indian River County has the same frequency of service standard for all routes, with the only exception being for routes that provide regional or intercity service. All GoLine routes operate on 60 -minute headways. Currently, only one vehicle operates on a GoLine route at any given time. Reducing vehicle headways (i.e. increasing frequencies) would require adding a second vehicle to each affected route. Because increasing frequencies will require increasing the size of the GoLine fleet, it will involve capital costs as well as operating costs. Due to the limited resources available to a transit system operating in a county of only 156,000 residents, it is not financially feasible to reduce headways at this time. In the future, if vehicle headways are reduced, it would be implemented on a group of connected routes with high levels of ridership. On -Time Performance On-time performance is a measure of runs completed as scheduled. This criterion first must define what is considered to be "on time." An acceptable level of performance must be defined (expressed as a percentage). Indian River County strives to continually maintain on-time bus service. Because of the "hub and spoke" design of the GoLine route system, it is critical that buses consistently operate on-time. Every hour, GoLine buses connect with each other at five transfer locations: the Main Transit Hub (seven routes), Indian River Mall (five routes), the North County Hub (four routes), the Intergenerational Center (four routes), and the Gifford Health Center (three routes). Whenever one bus falls behind schedule, it can cause delays on all vehicles that operate on connecting routes. Therefore, County and SRA staff evaluate on-time performance on an ongoing basis and implement service changes to improve performance, as necessary. On-time performance is defined as a bus arriving at a scheduled time point within five minutes of the scheduled arrival. During FY 21/22, GoLine buses arrived on-time 95.7% of the time. Through the first quarter of FY 22/23, on-time performance has remained steady at 95%. Service Availab Service availability is a general measure of the distribution of routes within a transit provider's service area. For example, a transit provider might set a service standard to distribute routes such that a specified percentage of all residents in the service area are within a one-quarter mile walk of bus service or a one-half mile walk of rail service. A standard might also indicate the maximum distance between stops or stations. These measures related to coverage and stop/station distances might also vary by population density. Service availability is a measure of the distance a person must travel to gain access to transit service. Based on an analysis of the GoLine route network using 2020 Census data, it was determined that 47% of Indian River County residents live within % mile of a fixed route and 83% are within % of a fixed route. Title VI Program (2023 Update) Page 20 73 Standards developed with respect to transit access would apply to existing services as well as any proposed service modifications affecting transit service levels. The Indian River County Transit Development Plan includes policies to provide fixed route bus service to all multi -family developments exceeding 500 units and to all commercial areas exceeding 200,000 square feet. In developing the GoLine route network, several factors are considered in determining where to provide transit service: population density, average household income/poverty status within a community, and the amount of households without access to an automobile. GoLine service availability is highest in areas of higher population density, areas of concentrated poverty, and areas where vehicle ownership rates are lowest. 2-2 SERVICE POLICIES FTA requires fixed route transit providers to develop a policy for each of the following service indicators. Transit providers may set policies for additional indicators as appropriate. In accordance with Chapter IV of FTA Circular 4702.113, Indian River County has adopted the transit service policies below. Distribution of Transit Amenities Transit amenities refer to items of comfort convenience, and safety that are available to the general riding public. Fixed route transit providers must set a policy to ensure equitable distribution of transit amenities across the system. Transit providers may have different policies for the different modes of service that they provide. Policies in this area address how these amenities are distributed within a transit system, and the manner of their distribution determines whether transit users have equal access to these amenities. Policy: The location of transit amenities, such as bus shelters and benches, along bus routes shall be based on the number of passenger boardings at bus stops along those routes. In addition, the availability of public right-of-way and the presence, or lack thereof, of physical constraints are factors that can affect the installation of transit amenities. Indian River County strives to maximize the coverage of transit service with amenities that provide comfort and convenience to its riders. In recent years, the County has implemented a program to install bus shelters at bus stop locations with high levels of passenger boardings. Through 2022, multiple phases of bus shelters have been constructed throughout Indian River County. These improvements include 78 completed shelters and 15 Simme seats installed at busy commercial stops, transfer locations, near employment centers, and adjacent to multi -family developments. Because those bus shelters have been constructed throughout Indian River County, including in Fellsmere and Gifford (two predominantly minority communities with high levels of transit ridership), transit users have equal access to such transit amenities. All transit amenities are provided in a manner that complies with ADA regulations. Vehicle Assignment Vehicle assignment refers to the process by which transit vehicles are placed into service in depots and on routes throughout the transit provider's system. Policies for vehicle assignment may be based on the age of the vehicle, where age would be a proxy for condition. Title VI Program (2023 Update) Page 21 74 Policy: Bus assignments shall take into account the operating characteristics of buses of various lengths in relation to the operating characteristics of each route. The largest vehicles shall be assigned to those routes that carry the highest number of passengers per revenue hour. Routes which require tight turns on narrow streets may be assigned smaller vehicles that are more maneuverable. Indian River County assigns vehicles based on the number of passengers along a route, vehicle seating capacity, and vehicle maneuverability. Bus assignments and the distribution of equipment are monitored to ensure that vehicle load/assignment policies are followed. All buses are wheelchair accessible. As of February 2023, the GoLine active fleet consists of the following vehicles: Table 2 — Vehicle Capacity Title VI Program (2023 Update) Page 22 75 FY 21/22 # of Average Average Seated Ridership Make/Model Type Vehicles Length Age (Yrs) Passenger (Avg. per Capacity Route) Gillig Low -Floor Bus Heavy Duty 2 35' 9.0 32 161,169 Bus Gillig Low -Floor Bus Heavy -Duty 4 29' 7.25 28 70,407 Medium - Champion Defender Duty 4 31' 2.25 24 77,498 Cutaway Medium - Champion Defender Duty 2 29' 4.0 20 59,992 Cutaway Turtle Top Odyssey Light -Duty 2 29' 6.0 20 Spare Cutaway Medium - Champion Defender Duty 3 28' 1.0 20 56,943 Cutaway Turtle Top Odyssey Light -Duty 3 24' 6.0 16 Spare Cutaway Title VI Program (2023 Update) Page 22 75 APPENDIX A: TITLE VI NOTICES TO THE PUBLIC Standard Notice: Notifying the Public of Rights Under Title VI INDIAN RIVER TRANSIT Indian River Transit operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act. Any person who believes she or he has been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with Indian River County. For more information on the Indian River Transit's civil rights program, and the procedures to file a complaint, contact 772-569-0903 or visit our administrative office at 4385 43rd Avenue, Vero Beach, FL 32967. A complainant may also file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights; Attention: Title VI Program Coordinator, East Building, 5th Floor - TCR, 1200 New Jersey Ave. SE, Washington, DC 20590. Si necessita informaci6n en espanol, Ilame 772-569-0903. Vehicle Notice (English): In accordance with title VI of the Federal Civil Rights Act of 1964, any person who feels they have been discriminated against may issue a formal written complaint. The complaint procedure and Title VI Policy is available upon request from Indian River Transit's Administrative Offices or by calling 772-569-0903. Vehicle Notice (Spanish): En conformidad con el titulo VI de la Ley Federal de Derechos Civiles de 1964, cualquier persona que se siente haber sido discriminados pueden emitir una queja formal por escrito. EI procedimiento de denuncia y Politica del Titulo VI esta disponible a petici6n de las oficinas administrativas de Indian River Transit o Ilamando al 772-569-0903. Title VI Program (2023 Update) Page 23 76 APPENDIX B: TITLE VI COMPLAINT FORM Section 1: Name: Address: Telephone (Home): Telephone (Work): Electronic Mail Address: Accessible Format Requirements? Large Print Audio Ta e TDD Other Section II: Are you filing this complaint on your own behalf? Yes* No *If you answered "yes" to this question, go to Section I ll. If not, please supply the name and relationship of the person for whom you are complaining: Please explain why you have filed for a third party: Please confirm that you have obtained the permission of the aggrieved party if you are filing on behalf of a third party. Yes No Section III: I believe the discrimination I experienced was based on (check all that apply): [ ] Race [ ] Color [ ] National Origin Date of Alleged Discrimination (Month, Day, Year): Explain as clearly as possible what happened and why you believe you were discriminated against. Describe all persons who were involved. Include the name and contact information of the person(s) who discriminated against you (if known) as well as names and contact information of any witnesses. If more space is needed, please use the back of this form. Section IV Have you previously filed a Title VI complaint with this agency? Yes No Title VI Program (2023 Update) Page 24 77 Section V Have you filed this complaint with any other Federal, State, or local agency, or with any Federal or State court? [ ] Yes [ ] No If yes, check all that apply: [ ] Federal Agency: [ ] Federal Court [ ] State Agency [ ] State Court (] Local Agency Please provide information about a contact person at the agency/court where the complaint was filed. Name: Title: Agency: Address: Telephone: Section VI Name of agency complaint is against: Contact person: Title: Telephone number: You may attach any written materials or other information that you think is relevant to your complaint. Signature and date required below Signature Date Please submit this form in person at the address below, or mail this form to: Indian River County Attorney's Office Title VI Nondiscrimination Coordinator Indian River County 180127 th Street Vero Beach, FL 32960 Title VI Program (2023 Update) Page 25 78 SF INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael Zito; Interim County Administrator THROUGH: Phil Matson; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: February 23, 2023 SUBJECT: D.R. Horton, Inc's Request for Final PD Plan/Plat Approval for a Subdivision to be known as Grande Hammock PD [PD -13-11-04 / 2013100058-91467] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 7, 2023. DESCRIPTION & CONDITIONS: Grand Hammock PD, which was formerly known as Hammock Lakes PD Phase III, is a single phase, 96 lot residential subdivision on 37.64 acres. The project site is located on the north side of 1St Street SW, ± 1,300' east of 58th Avenue. The site is zoned RS -3, Residential Single -Family (up to 3 units/ acre), and has an L-1, Low -Density Residential -1 (up to 3 units/ acre) land use designation (see Attachment 1). The density for Grand Hammock PD is 2.55 units per acre. On February 14, 2014, the Planning and Zoning Commission (PZC) granted preliminary PD plan/ plat approval for Grande Hammock PD (formerly known as Hammock Lakes PD Phase III). On December 14, 2018, the PZC granted a 3 -year extension of the preliminary PD plan/plat approval. After the extended preliminary PD plan/plat approval, the developer obtained a land development permit, constructed the subdivision improvements, and obtained a Certificate of Completion from Public Works. The applicant has submitted a final plat in general conformance with the approved preliminary PD plan/plat, and now requests that the Board of County Commissioners grant final PD plan/plat approval for Grande Hammock PD. ANALYSIS: All of the required improvements for Grande Hammock PD have been completed and inspected, and a Certificate of Completion was issued by Public Works on January 31, 2023. All project improvements (stormwater tracts, landscape tracts, roadways) will be private, with the exception of certain utility facilities which will be dedicated to and guaranteed to Indian River County after plat recordation as required by the Utility Services Department. All dedications, including those to the County, can be found on the final plat, which is on file with the Planning Division. All requirements of final plat approval have been satisfied. C:\Granicus\Legistar5\L5\Temp\62de3e9c-a309-41 e5-8de3-8b87786253de.doc 79 RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final PD plan/plat approval for Grand Hammock PD. ATTACHMENTS: 1. Location Map 2. Final Plat Layout C:\Granicus\Legistar5\L5\Temp\62de3e9c-x309-41e5-8de3-8b87786253de.doc :1 f" KI 1 � M N C/] KI 1 = t KI 1 !gig 91!92 @§a#§! fJ!(! HIM WH § \ § §) § � !�./� •|||` ! |! ,. •, 1=,.. | ! ^` � � �`■ I Hill Wil � } INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services Sandridge Golf 7 CONSENT AGENDA BCC Meeting 03-07-2023 Date: February 3, 2023 To: The Honorable Board of County Commissioners Thru: Michael C. Zito, Interim County Administrator From: Bela Nagy, Golf Professional Subject: Renewal of Agreement for Food Concession Services and Lease at Sandridge Golf Club BACKGROUND & ANALYSIS: On February 10, 2015, in response to an RFP, a selection committee came to an agreement with Di'Michelli's Catering Inc. (" Di'Michelli's") to operate and manage the snack bar operation at the Sandridge Golf Club. On March 10, 2015, the Board approved the recommendation and the Chairman signed an agreement for food concession services and entered into a lease agreement for sixty (60) months commencing on April 1, 2015 and terminating on March 31, 2020. The owner of Di'Michelli's requested to enter into an assumption and joinder agreement adding Bottom's Up Beverage of Florida, LLC, as a fully responsible co -tenant. The Board approved this request on December 12, 2017. The original lease calls for successive one- year renewal periods not to exceed an aggregate lease term of 10 years. The first one-year renewal approved by the Board on March 3, 2020, to expire on March 31, 2021. The second one-year renewal approved by the Board on March 2, 2021 expires on March 31, 2022. The third one-year renewal approved by the Board on February 15, 2022 expires on March 31, 2023. Staff is satisfied with Di'Michelli's performance under the Agreement and desires to renew another year. The Agreement may be terminated for cause, or upon the expiration of the one-year term, and may only be renewed under mutually acceptable terms. The monthly rent is calculated based on the sales including 10% of all food and non-alcoholic beverage gross income and 15% of alcoholic beverage gross income. The rent income the first full fiscal year of business revenue totaled $23,180.42 in FY 2015-16, and has increased to $44,176.74 in FY 2021-22. For the current budget year, sales are currently 17.3% above last year through the end of February. Di'Michelli's has made a number of improvements to the restaurant as per the lease including new tables, chairs, cabinetry and equipment and has fulfilled all of their obligations as per the lease for the initial term. FUNDING: The rental revenue to be received shall continue at the rate of 10% of all food and non-alcoholic beverage gross income and 15% of alcoholic beverage gross income per month payable on the first day of each month. C:\Granicus\Legistar5\L5\Temp\d807daff-f3844eOc-82ec-Ob6757c7a588.doc 84 RECOMMENDATION: Staff respectfully requests that the Board approve the renewal term under the existing lease and authorize the Chairman to execute the document. ATTACHMENTS: • Fourth Renewal Agreement For Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc APPROVED AGENDA ITEM FOR MARCH 07, 2023 C:\Gmuicus\Legistar5\L5\Temp\d807daff-f3844e0c-82ec-Ob6757c7a588.doc 85 RENEWAL OF AGREEMENT FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN INDIAN RIVER COUNTY AND DI'MICHELLI'S CATERING, INC. This Renewal of Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. ("Renewal") is entered into this 7th day of March, 2023 ("Effective Date"), by and between Indian River County ("County"), whose address is 1801 27th Street, Building A, Vero Beach, FL, 32960, and Di'Michelli's Catering, Inc., a Florida corporation whose address is 857 South Kings Highway, Ft. Pierce, FL, 34949 (the "Concessionaire"). WHEREAS, County and Concessionaire entered into the Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc., (the "Agreement") which commenced on April 1, 2015; and WHEREAS, on December 12, 2017, an Assumption and Joinder to Agreement for Food Concession Services and Lease at Sandridge Golf Club was entered into; and WHEREAS, the Agreement was renewed for a one-year term commencing on April 1, 2020 until March 31, 2021; and WHEREAS, the Agreement was renewed for another one-year term commencing on April 1, 2021, which ends on March 31, 2022; and WHEREAS, the Agreement was renewed for another one-year term commencing on April 1, 2022, which ends on March 31, 2023; and WHEREAS, County and Concessionaire desire to renew the Agreement for one year, until March 31, 2024, under the terms as set forth in the Agreement; and WHEREAS, the Agreement can be renewed for successive one-year terms for a maximum of ten years; and NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The recitals are true and correct and are adopted by reference herein. 2. The Agreement is renewed until March 31, 2024, unless otherwise terminated as set forth in the Agreement. 3. All other terms and conditions of the Agreement shall remain unchanged. 1 IN WITNESS WHEREOF, the parties have executed this Renewal of Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. as of the day and year first written above. CONCESSIONAIRE Di'Michelli's Catering, Inc. Juliann Petticrew, President Bottom's Up Beverage of Florida, LLC Juliann Petticrew, President WITNESS: WITNESS: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY By: Joe Earman, Chairman Board of County Commissioners Approved by the BCC: March 7, 2023 APPROVED: By: Michael C. Zito, Interim County Administrator M !7,20123 CONSENTBCC Meeting March INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation Date: February 24, 2023 To: The Honorable Board of County Commissioners Through: Michael C. Zito, Interim County Administrator Beth Powell, Director Parks and Recreation/Acting General Services Director From: Wendy Swindell, Conservation Lands Manager Subject: Jones' Pier Conservation Area — Modification of Existing Purchase Order to Accommodate Unforeseen Work Associated with the Elevation of the Historic Bungalow. BACKGROUND: On November 8, 2022, the Board approved the Gordian proposal (Gordian Work Order #10749.00) in the amount of $460,629.70 to raise and shore up the existing Jones Pier historic bungalow. The County subsequently issued PO #95258 for this work. Work was initiated in January 2023, and the house has been partially elevated. Work is underway to construct the concrete piers and other elements of the house elevation project. Once the house was elevated, the contractor began the work beneath the house in preparation for installation of the concrete piers. One of the main tasks is to remove any materials on, and below, the soil surface that would impede the construction of the piers. The approved Gordian Work Order #10749.00 included removal of materials within two feet of the ground surface as part of their scope. Unfortunately, the original construction of the house, as well as subsequent additions, included a significant amount of concrete work well below the two -foot threshold required for successful installation of the piers. ANALYSIS: The removal of the additional concrete below the bungalow will require the following additional work: (1) extended rental of a skid steer to move the concrete that is excavated; (2) two extra dumpsters to accommodate the extra tonnage of concrete; and (3) demolition of the extra concrete. Gordian has provided a Work Order Modification (#10749.01), which itemizes all of the additional costs associated with this work, in the amount of $7,436.93. This house elevation project has a very short time schedule to allow for the County to request reimbursement from FEMA for the Hazard Mitigation Grant for this project (FEMA Grant: DR -4283 Hurricane Matthew — 4283-91-R). FUNDING: C:\Granicus\Legistar5US\Temp\d87a5bec-3997-40b9-91d8-a7edc55a8e16.doc 88 Funding for the of raising and shoring the existing Jones Pier historic house was approved and is programmed into the Capital Improvement Element. This was approved by the Board of County Commissioners on December 8, 2022 in the amount of $485,000. This Change Order for $7,436.93, plus additional funding for possible future change orders, in the total amount of $20,000, is budgeted and available in the Optional Sales Tax/Parks/Jones Pier Improvements account, number 31521072-066510-18010. Account Name Account Number Amount Optional Sales Tax/Parks/Jones Pier Improvements 31521072-066510-18010 $20,000 STAFF RECOMMENDATION Staff respectfully recommends the Board approve Gordian Work Order Modification #108749.01, in the amount of $7,436.93, and authorize the Purchasing Division to increase the Purchase Order by that amount. In order to ensure timely completion of the project, and to eliminate any future delays should the contractor encounter additional unforeseen work, staff recommends that the Board authorize the County Administrator to authorize additional modifications to PO #95258 up to $20,000. ATTACHMENT Gordian Modification to Existing Work Order 108749.01. APPROVED AGENDA ITEM FOR MARCH 7, 2023 C:\Granicus\Legistar5\L5\Temp\d87a5bec-3997-40b9-91d8-a7edc55a8e16.doc 89 Work Order Signature Document EZIQC Contract No.: FL-R10-GC11-111821-JLC ❑ New Work Order Fx I Modify an Existing Work Order Work Order Number.: 108749.01 Work Order Date: 02/23/2023 Work Order Title: Indian River County - Jones Pier Residence- Supplemental # 1 Owner Name: SOURCEWELL - FL - Indian River Contractor Name: Johnson-Laux Construction, LLC County Contact: Beth Powell Contact: James Powell Phone: 772.226.1873 Phone: 407-453-2261 Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of EZIQC Contract No FL-R10-GC11-111821-JLC. Brief Work Order Description: Time of Performance Estimated Start Date: Estimated Completion Date: Liquidated Damages Will apply: 1:1 Will notapply: Y Work Order Firm Fixed Price: $7,436.93 Owner Purchase Order Number: Approvals Owner Work Order Signature Document Date Contractor Date Page 1 of 1 so 2/23/2023 Ni Detailed Scope of Work To: James Powell From: Beth Powell Johnson-Laux Construction, LLC SOURCEWELL - FL - Indian River County 650 Garden Commerce Parkway 1801 27th St A Winter Garden, FL 34787 Vero Beach, FL 32960 407-453-2261 772.226.1873 Date Printed: February 23, 2023 Work Order Number: 108749.01 Work Order Title: Indian River County - Jones Pier Residence- Supplemental # 1 Brief Scope: F]Preliminary FIRevised ❑X Final The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Please see the attached Scope of Work. Subject to the terms and conditions of JOC Contract FL-R10-GC11-111821-JLC. Contractor Date Owner Date Scope of Work Page 1 of 1 91 2/23/2023 Contractor's Price Proposal - Summary Date: February 23, 2023 Re: IQC Master Contract #: FL-R10-GC11-111821-JLC Work Order #: 108749.01 Owner PO #: Title: Indian River County - Jones Pier Residence- Supplemental # 1 Contractor: Johnson-Laux Construction, LLC Proposal Value: $7,436.93 Section - 01 $5,031.14 Section - 02 $2,405.79 Proposal Total $7,436.93 Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. Contractor's Price Proposal - Summary Page 1 of 1 922/23/2023 Contractor's Price Proposal - Detail Date: February 23, 2023 Re: IQC Master Contract #: FL-R10-GC11-111821-JLC Work Order #: 108749.01 Owner PO #: Title: Indian River County - Jones Pier Residence- Supplemental # 1 Contractor: Johnson-Laux Construction, LLC Proposal Value: $7,436.93 Sect. Item Mod. uOM Description Line Total Labor Equip. Material (Excludes) Section - 01 1 01 22 23 00 0282 DAY 2,400 LB Capacity, 72" Wide, Skid -Steer Loader With Full -Time Operator $1,966.53 Quantity Unit Price Factor Total Installation 2,00 x 794.75 x 12372 - 1,966.53 additional time for lifting and transporting footers to dumpster location 2 01 74 19 00 0014 EA 20 CY Dumpster (3 Ton) "Construction Debris" Includes delivery of dumpster, $1,652.11 rental cost, pick-up cost, hauling, and disposal fee. Non -hazardous material. Quantity Unit Price Factor Total Installation 2.00 x 667.68 x 12372 - 1,652.11 Additional dumpsters for footers. 17 tons of concrete 3 01 74 19 00 0014 0003 MOD For Each Ton Over Indicated Amount, Add $1,412.50 Quantity Unit Price Factor Total Installation 11.00 x 103.79 x 1.2372 1,412.50 Subtotal for Section - 01 $5,031.14 Section - 02 4 02 41 16 13 0024 CF Reinforced Concrete Foundation Demolition $2,637.39 Quantity Unit Price Factor Total Installation 234.00 x 9.11 x 1.2372 2,637.39 162 CF of 3'x3'x6" footers. 72 CF of 3'x3'x2' footers 5 02 41 16 13 0024 0080 MOD For >135 To 405, Deduct -$231.60 Quantity Unit Price Factor Total Installation 234.00 x -0.80 x 12372 - -231.60 Subtotal for Section - 02 $2,405.79 Proposal Total $7,436.93 This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. Contractor's Price Proposal - Detail Page 1 of 1 93 2123,2023 Re: IQC Master Contract #: FL-R10-GC11-111821-JLC Work Order #: 108749.01 Owner PO #: Title: Indian River County - Jones Pier Residence- Supplemental # 1 Contractor: Johnson-Laux Construction, LLC Proposal Value: $7,436.93 Name of Contractor Duties Amount q No Subcontractors have been selected for this Work Order $0.00 0.00 Subcontractor Listing Page 1 of 1 942/23/2023 JOHNSON dh Eaux C:O N STRU CTION 650 GARDEN COMMERCE PARKWAY, SUITE 100 WINTER GARDEN, FL 34787 PHONE 407.770.2180 FAx 407.770.2181 02/15/2023 PROJECT: Indian River County: Jones' Pier Residence SUBJ: Scope of Work — Supplemental .01— Foundation Demolition Summary Scope: This supplemental consists of removing the existing footers that were excluded in our original scope of work. This is located at 7770 Jungle Trail, Vero Beach, FL 32963. Detailed Scope of Work: Provide labor, material, and equipment in accordance with the site walk performed on 7/28/2022 and the scope review call on 8/23/2022. Also reference the drawings by Donadio and Associates dated: 05/10/2021. - Removal of 36 - 3' x 3' x 6" footers - Removal of 4 — 3' x 3' x 2' footers Clarifications: - Work to be performed during normal/regular business hours as defined: Monday through Friday, 7:00am to 3:30pm with holidays excluded - No interior work is to take place other than what is specifically stated in the detailed scope of work above - Owner is responsible for all power, water, HVAC, and wastewater safe -off and disconnection - Over excavation/57 stone is not included for the footers - Lead, asbestos, and mold abatement not included. If TCLP sampling testing determines that the lead is hazardous, hazardous waste removal will be addressed via supplemental change order - Geotechnical evaluation is excluded - Any specialty permitting is not included such as environmental, discharge permit for dewatering, historical, etc. - Building permit fee included - Dumpster to be provided by GC - Certified Payroll / Davis -bacon wages are to be applied per determination provided - Liability insurance included - Builder's risk insurance included - Bond included - Any engineering, design, or drawings by JLC are excluded - Certified As-Builts survey included - No Liquidated Damages - Any unforeseen conditions are excluded - Johnson-Laux Construction is not responsible for delays to the schedule caused by other contractors www.johnson-la m CGC 15910I u�cew�eil �i� Detailed Scope of Work To: James Powell From: Marcel Moreno Johnson-Laux Construction, LLC Gordian Group 650 Garden Commerce Parkway No Data Input Winter Garden, FL 34787 No Data Input, 407-453-2261 470-433-9370 Print Date: February 23, 2023 Work Order Number: 108749.01 Work Order Title: Indian River County - Jones Pier Residence- Supplemental # 1 Brief Scope: The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Detailed Scope: Please see the attached Scope of Work. Subject to the terms and conditions of JOC Contract FL-R10-GC11-111821-JLC. Marcel Moreno James Powell uace uace Detailed Scope of Work Page 1 of 1 96 2/23/2023 JOHNSON idii LAUX C ON S T R U C T ION 650 GARDEN COMMERCE PARKWAY, SUITE 100 WINTER GARDEN, FL 34787 PHONE 407.770.2180 FAx 407.770.2181 02/15/2023 PROJECT: Indian River County: Jones' Pier Residence SUBJ: Scope of Work — Supplemental .01 — Foundation Demolition Summary Scope: This supplemental consists of removing the existing footers that were excluded in our original scope of work. This is located at 7770 Jungle Trail, Vero Beach, FL 32963. Detailed Scope of Work: Provide labor, material, and equipment in accordance with the site walk performed on 7/28/2022 and the scope review call on 8/23/2022. Also reference the drawings by Donadio and Associates dated: 05/10/2021. - Removal of 36 - 3' x 3' x 6" footers - Removal of 4 — 3' x 3' x 2' footers Clarifications: - Work to be performed during normal/regular business hours as defined: Monday through Friday, 7:00am to 3:30pm with holidays excluded - No interior work is to take place other than what is specifically stated in the detailed scope of work above - Owner is responsible for all power, water, HVAC, and wastewater safe -off and disconnection - Over excavation/57 stone is not included for the footers - Lead, asbestos, and mold abatement not included. If TCLP sampling testing determines that the lead is hazardous, hazardous waste removal will be addressed via supplemental change order - Geotechnical evaluation is excluded - Any specialty permitting is not included such as environmental, discharge permit for dewatering, historical, etc. - Building permit fee included - Dumpster to be provided by GC - Certified Payroll / Davis -bacon wages are to be applied per determination provided - Liability insurance included - Builder's risk insurance included - Bond included - Any engineering, design, or drawings by JLC are excluded - Certified As-Builts survey included - No Liquidated Damages - Any unforeseen conditions are excluded - Johnson-Laux Construction is not responsible for delays to the schedule caused by other contractors www.johnson-lauy,cpm CGC 15#701 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation • M SENT March 7, 2023 Date: February 24, 2023 To: The Honorable Board of County Commissioners Through: Michael C. Zito, Interim County Administrator Dylan Reingold, County Attorney Beth Powell, Director Parks and Recreation/Acting General Services Director From: Wendy Swindell, Conservation Lands Manager Subject: Jones' Pier Conservation Area — Architectural & Structural Plan Modifications; Donadio Amendment No. 2 to Work Order No. 3 BACKGROUND: On October 15, 2019, staff provided a Departmental Item to the County Commissioners regarding the Jones' Pier Conservation Area Public Use Improvements. This item provided a project update and requested authorization to make applications to potential grantors to provide additional funding for the repurposing of the 1920s Bungalow Cottage/Main House for the purposes of creating a museum with associated educational exhibits. Subsequently, staff made an application to the State of Florida Division of Historical Resources (DHR) to provide funding for the interior stabilization and museum planning for the Main House. The application was successful and the County was chosen to receive funding for the 2020-2021 DHR funding cycle. The funding in this grant agreement provided for a 50/50 match of $10,725 for a total project cost of $21,450. The final grant deliverable to DHR was a full set of construction documents including schematic design and engineering, which included bid ready plans and specifications. As part of the grant process, staff received a proposal from Donadio & Associates under the Continuing Services Contract for Architectural Services RFQ 2018063 for the Museum design and development, which fulfilled the grant deliverables described above. Work Order No. 3 — Donadio & Associates was approved by the Board on August 18, 2020, in the amount of $20,500. The final DHR grant deliverable was submitted to DHR in July 2021, and DHR reimbursed the County $10,725 in September 2021. The grant was officially closed by DHR on April 8, 2022. The original design plans included access to the Bungalow connecting the parking lot to the modified entrance to the bungalow on the south side of the house. After discussions with DHR, it was requested that the boardwalk be removed from the plans, as it was not an element of the interior museum plan. Donadio & Associates prepared Amendment No. 1 to Work Order No. 3 for these Architectural Document and Structural Engineering Document Revisions. In addition to the removal of the ADA access, the proposed revisions include final design of the exterior walls, roof, windows, doors, miscellaneous structural details, ADA access, and revisions to the demolition and floor plans. Amendment No. 1 to Work Order 3 was approved by the Board on August 16, 2022. C:\Granicus\Legistar5\L5\Temp\68df840d-fl 5c480b-86df-500598e95c1 c.doc 98 On November 8, 2022, the Board approved the Gordian proposal (Work Order 10749.00) to raise and shore up the existing Jones Pier historic house. Gordian entered into an agreement with Johnson Laux to complete this work. Work was initiated in January 2023, and the house has been elevated. Work is underway to construct the concrete piers and other elements of the house elevation project. ANALYSIS: Upon completion of the work by Johnson Laux, the house will be in suitable condition to bid the renovation of the interior and exterior of the structure to complete the conversion into an interpretive center. In order for staff to solicit bids for this renovation work, Donadio & Associates must amend the plans to include all of the access features (including the front stairways) that were removed from the plans per the coordination with DHR. In addition to the bid ready plans, the County will need bid forms and other items to complete the house renovation bidding process. Donadio & Associates has prepared Amendment No. 2 to Work Order No. 3, in the amount of $4,000.00, to complete the plans and architectural bid elements for the renovation of the house. FUNDING: Funding for Amendment No. 2 to Work Order No. 3 — Donadio & Associates is budgeted and available in the Optional Sales Tax/Parks/Jones Pier Improvements account, account number 31521072-066510-18010, in the amount of $4,000. Rev, ne �urce Aa�e+utt Fuer Aivaeu�t Optional Sales Tax/Parks/Jones Pier Improvements 31521072-066510-18010 $4,000.00 STAFF RECOMMENDATION Staff respectfully recommends the Board accept Work Order Number 3, Amendment No. 2 — Donadio & Associates, Continuing Architectural Services RFQ 2018063, renewed November 2, 2021, for design services associated with the Jones' Pier Bungalow House Renovations, authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 2, Work Order Number 3. ATTACHMENT • Amendment No. 2 to Work Order Number 3, Donadio & Associates — Continuing Architectural Services RFQ 2018063, Amendment and Renewal No. 1 — Jones' Pier Conservation Area Historic Residence Structural Evaluation and Improvements (Museum) • Donadio & Associates, Architects, P.A Architectural Additional Services Contract Addendum list of services APPROVED AGENDA ITEM FOR MARCH 7, 2023 C:\GrmimsTegistar5\L5Uemp%8df840d-fl5c-480b-86df-500598e95c1 c.doc 99 CONTINUING ARCHITECTURAL SERVICES AMENDMENT 2 TO WORK ORDER 3 JONES' PIER Architectural & Structural Modifications to the Historic House This Amendment -2— to Work Order Number 3 is entered into as of this _ day of , 2023, pursuant to that certain Continuing Architectural Services Agreement for Professional Services entered into as of the 13`h day of November, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Donadio and Associates, a Spiezle Architectural Group, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number -3— , Effective Date August 18, 2020 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 Work Order as of the date first written above. CONSULTANT: By: Print Name: Anthonv J. Donadio BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman Title: Principal BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Michael C. Zito, Interim County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 100 D� DONADIO & Associates, Architects, P.A. A Spiezle Group, Inc. Company ARCHITECTURAL ADDITIONAL SERVICES ONT A T ADDENDUM FOR: Project Name: IRC Jones Pier Historic Residence DAA Job: 2018-23.004.1.2 Architectural and Structural and Improvements (Museum) Date: February 15, 2023 Contact: Wendy Swindell Conservation Lands Manager - Parks & Conservation Resources From: Anthony J. Donadio DESCRIPTION OF WORK: CONSTRUCTION DOCUMENT PHASE o Architectural Construction Document Revisions — $2,000.00 ■ Add Back Northwest Stair and West Stair to Architectural Site Plan to Show as New ■ Remove Northwest Stair and West Stairs from Existing and Demolition Floor Plans ■ Add Back Northwest Stair and West Stairs to Proposed Floor Plan to Show as New ■ Remove Northwest Stair and West Stair from Existing Exterior Elevations ■ Add Back Northwest Stair and West Stair to Proposed Exterior Elevations to Show as New ■ Add Back Northwest Stair Detail and Section Sheet o Bid Form Preparation - $750.00 0 90% Construction Document Cost Estimate - $1,000.00 Architectural Additional Services Amount: Construction Document Revisions - $3,750.00 Reimbursables - $250.00 Approved by: (Authorized to sign on behalf of client) Please Print Name: Date: Delivery: Permit and Bidding Package delivered to Owner on or about 04/07/2023 Standard Hourly Fees $65.00/hour Clerical $85.00/hour Office Manager $100.00/hour CADD Tech 1 $135.00/hour CADD Manager $135.00 Project Manager $175.00/hour S e n i o r Project Manager $200.00/hour Principal 2001 9t' Avenue, Suite 308 Vero Beach, Florida 32960 Phone 772 794 2929 Fax 772 562 8600 Email -adonadio@spiezle.com License No. AA00012456 101 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: February 28, 2023 Subject: Miscellaneous Budget Amendment 03 Description and Conditions: 1. On July 12, 2022, the Board of County Commissioners approved the renewal of the annual HUD Grants for the Continuum of Care (CoC) Programs. Exhibit "A" appropriates the balances of the grants' revenues and expenses into the current fiscal year. 2. Changes in health insurance coverages and salary adjustments approved by the County Administrator require additional funding in six divisions. Exhibit "A" appropriates funding from General Fund/Reserve for Contingency in the amount of $51,781 and MSTU/Reserve for Contingency in the amount of $5,705. 3. Additional funds are needed due to the increase in price of Fire Rescue pumpers and Traffic Engineering vehicles. Exhibit "A" appropriates $86,775 from Emergency Services/Fire Rescue/Reserve for Contingency and $18,025 from Transportation Fund/Reserve for Contingency. 4. On December 6, 2022, the Board of County Commissioners approved an additional position for Environmental Planning and Code Enforcement. As a result, an additional vehicle has become necessary. Exhibit "A" appropriates funding of $38,900 from MSTU/Reserve for Contingency. 5. The telephone expenses charged to the Mailroom are exceeding budgeted estimates. Exhibit "A" appropriates funding of $13,100 from General Fund/Reserve for Contingency. 6. The North County Aquatic Center slide needs to be re -coated at a cost of $42,846. Additionally, a new proximity card lock access control system is needed at the Intergenerational Facility for $14,005. Exhibit "A" appropriates funding of $56,851 from MSTU/Reserve for Contingency. 7. As a result of the Purchasing Division enrolling in Amazon Prime Business's eight-month free trial, $2,755 in shipping costs were saved. The Purchasing Department would like to enroll in Amazon Prime Business for an annual cost of $1,299. Exhibit "A" appropriates funding from General Fund/Reserve for Contingency. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2022-23 budget. 102 RESOLUTION NO. 2023- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2022-2023 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2022-2023 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2022-2023 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2022-2023 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , 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 Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2023. Attest: Jeffrey R. Smith Clerk of Court and Comptroller as Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 103 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 03 1 of 2 104 Type Fund/ Department/Account Name Account Number Increase Decrease HUD Grant/CocWide TRA FL01131-41-1092109 136033-331601-22803 $34,894 $0 Revenue HUD Grant/IR Chronic FL03601-41-1092112 136033-331601-22808 $64,052 $0 HUD Grant/New Horizons FL04401-41-1092110 136033-331601-22811 $39,913 $0 1. HUD Grant/CocWide TRA FL 01131-4H092109 13616364-036730-22803 $34,894 $0 Expense HUD Grant/IR Chronic FL03601-41-1092112 13616364-036730-22808 $64,052 $0 HUD Grant/New Horizons FL04401-41-1092110 13616364-036730-22811 $39,913 $0 General Fund/Office of Budget 00122913 911120 $6,860 General PURF-110MA-e ef—Rudget 4 MaRagmmen See13i-SeeWity 00122912 012+10 $42.6 90122912 012129 @Q4C �TQ99 00122912 017170 GeneFal FundlHuman SeFymee /Salare 90121164 011129 $11,068 V) 90171164 012110 GeneFa' Fund/Human Ser.: n s/Refirnment 00121164 012120 $1�0 0 Gen eFal Fund/Human Ser..:6es/\A..rli6aF.. - 09121672 011120 $14,268 $() Seek+* 001 21 672 0121 1 n $886 2. Expense w12167Tz-� 722'-001212-0 $1,699 00121672 012170 $207 General r ndPVetnrnns 8eFY' a /InnUrnnnn I fe & Health 00120663 012430 $8-048 $0 General Fund/Purchasing/Insurance-Life & Health 00121613-012130 $4,860 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $51,781 MSTU/Planning/Salaries 00420515-011120 $4,772 $0 MSTU/Planning/Social Security 00420515-012120 $296 $0 MSTU/Planning/Retirement 00420515-012130 $568 $0 MSTU/Planning/Medicare 00420515-012170 $69 $0 MSTU/Reserve for Contingency 00419981-099910 $0 $5,705 1 of 2 104 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 03 2 of 2 105 Type Fund/ Department/Account Name Account Number Increase Decrease Emergency Services District/Fire Rescue/ 11412022-066420 $86,775 $0 Automotive Emergency Services District/Fire Rescue/ 11412022-099910 $0 $86,775 3. Expense Reserve for Contingency Transportation Fund/Traffic Engineering/ 11124541-066420 $18,025 $0 Automotive Transportation Fund/Reserve for Contingency 11119981-099910 $0 $18,025 MSTU/Env Planning/Automotive 00420724-066420 $38,900 $0 4. Expense MSTU/Reserve for Contingency 00419981-099910 $0 $38,900 General Fund/Mailroom/Telephone 00125119-034110 $13,100 $0 5. Expense General Fund/Reserve for Contingency 00119981-099910 $0 $13,100 MSTU/NCAC/Other Machinery & Equipment 00410472-066490 $42,846 $0 6. Expense MSTU/iG Facility/Other Machinery & 00411572-066490 $14,005 $0 Equipment MSTU/Reserve for Contingency 00419981-099910 $0 $56,851 General Fund/Purchasing/Dues-Memberships 00121613-035420 $1,299 $0 7. Expense General Fund/Reserve for Contingency 00119981-099910 $0 $1,299 2 of 2 105 DATE: February 23, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael C. Zito, Interim County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Donation of Laptops to North Port Florida Fire Rescue District BACKGROUND: The Indian River County Fire Rescue Division (IRCFR) has identified eight Panasonic Toughbook laptops, used as mobile data terminals, as surplus to their needs. The items were retired on February 2, 2023, with book value of $642.17 each. Asset Serial # Model IMEI MEID 30609 8LKKC97875 CF-20G5-02VM 990008240569256 89148000003860244958 30610 8LKKC97893 CF-20G5-02VM 990008240565775 89148000003860244941 30612 8LKKC97886 CF-20G5-02VM 990008240569314 89148000003860244917 30614 8LKKC97891 CF-20G5-02VM 990008240565932 89148000003860244974 30616 8LKKC97894 CF-20G5-02VM 990008240565783 89148000003860244966 30617 8LKKC97892 CF-20G5-02VM 990008240566153 89148000003860244982 30611 8LKKC97879 CF-20G5-02VM 990008240569561 89148000003860244933 30613 8LKKC97823 CF-20G5-02VM 990008240569272 89148000003860244925 The Division has learned the City of North Port Fire Rescue District would be able to utilize the laptops, and therefore would like to donate them to North Port. Section 274.05, Florida Statutes authorize the County, at its discretion, and in consideration of its best interests, to offer to donate surplus property to other governmental agencies. RECOMMENDATION: Staff recommends the Board authorize the donation of the eight laptops to the City of North Port Fire Rescue District. 106 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 27, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael C. Zito, Interim County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2023024 —Annual Bid for Bulk Carbon Dioxide for Water Treatment Plants BACKGROUND: The Department of Utility Services has purchased Bulk Liquid Carbon Dioxide (COI) for the North County and South County RO Plants under various piggyback contracts awarded by other Florida municipalities. Purchases through the end of 2022 were made from Matheson (Matheson) Tri -Gas, piggybacking a Seacoast Utility Authority bid. That contract expired on December 31, 2022, and staff anticipated utilizing a Palm Beach County contract after that time. On January 5, 2023, the Purchasing Division received notification from Matheson that there were no longer allowing piggybacks to bids, "due to significant increases over the last year." Purchasing and Utilities staff worked together to quickly issue a bid for COI on January 10, 2023. BID RESULTS: Advertising Date: January 10, 2023 Bid Opening Date: February 7, 2023 Broadcast to: 113 Subscribers Bid Documents Obtained by: 5 subscribers Replies: 4 vendors Firm Location Price per Pound Annual cost for 2,128,000 pounds Airgas USA Tampa, FL $0.265 $563,920 Matheson Tri -Gas, Inc. Irving, TX $0.23 $489,440 Linde, Inc. Danbury, CT No Bid — cannot deliver supply required Univar Solutions Kent, WA No Bid — no support in our area for this product The price paid under the Seacoast piggyback was $0.13 per pound, for an estimated total $276,640 annual cost. That price had been effective since December 16, 2020. 107 CONSENT After the public bid opening and during additional responsiveness review of the bids with the Attorney's office, the Matheson bid was found to have not been properly signed. Most notably, the notary signature on the disclosure of relationships form, required by Section 105.08 of the Indian River County Code of Ordinances, was computer generated, but not a legal electronic signature. As a result, the Matheson bid was determined to be non-responsive, and the vendor was notified. The Purchasing Manual authorizes negotiation when a single responsive bid is received. When contacted by the Purchasing Division about reducing their bid price, Airgas USA offered to reduce its bid price to $0.23 per pound. The Department has determined that Airgas is responsible and has recommended award to them. The term of award is one year, with two one-year renewals available, subject to vendor acceptance, satisfactory performance, and staff's determination that renewal is in the best interest of the County. FUNDING: Funds in the amount of $229,000 for anticipated need for the remainder of the fiscal year will come from the Utilities/Water Production/Chemicals Account, number 47121936-035230, in the operating fund. Operating funds are derived from water and sewer sales. Description Account Number Remainder of FY 22/23 Amount Utilities/Water Production/Chemicals 47121936-035230 $229,000 RECOMMENDATION: Staff recommends the Board award Bid 2023024, at the negotiated price, to Airgas USA, and authorize the Purchasing Manager to issue purchase orders, and execute renewals with no change to prices or terms. 108 i DATE: TO: THROUGH: FROM: SUBJECT: INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION February 27, 2023 BOARD OF COUNTY COMMISSIONERS Michael C. Zito, Interim County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager Award of Bid 2023027 — Relocation of Lakes Course #10 Tee BACKGROUND: On September 14, 2021, the Board approved an agreement with Sun Patrick Architecture, DBA: sparcdesign, for architectural design services for the expansion of the current clubhouse facilities at Sandridge Golf Club, to include a new two-story facility. The footprint of the new clubhouse, anticipated to be going out for bid in the next few months, is in line with the existing #10 Tee boxes on the Lakes Course. In order to eliminate the conflict between the #10 Tee and the new building, bids were solicited to relocate the Blue/Gold and White tee boxes, install cart path and curbing, remove palm trees and root balls, relocate an irrigation system controller, and placement of sod and grass. ANALYSIS: Advertising Date: Bid Opening Date: Solicitation Broadcast to: Bid Documents Requested by Replies: January 27, 2023 February 17, 2023 520 Subscribers 8 Firms 1 Firm The single responsive, responsible bid was submitted by A. Thomas Const. Inc. of Fort Pierce, for a total price of $103,000. Expenses, in the amount of $103,000, for this project are available in the Golf Course operating capital account, Sandridge Golf Course/Golf Course Improvements, account number 418-164044. Account Name Account Number Amount Sandridge Golf Course/Golf Course Improvements 418-164044 $103,000 109 CONSENT RECOMMENDATION: Staff recommends the Board award Bid 2023027 to A. Thomas Const. Inc., approve the agreement, and authorize the Chairman to sign the agreement after review and approval by the County Attorney as to form and legal sufficiency. FA m ifTd! I kvi 1:10 hi Agreement 110 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and A. Thomas Const. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Relocation of tee boxes on hole #10 (Lakes Course), installation of cart path and curbing, removal of palm trees and root balls, relocation of irrigation system controller, sodding and grassing. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Bid Number: Project Address ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence Relocation of #10 Tee (Lakes) 2023027 5300 73rd Street, Vero Beach, FL 32967 A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 90' day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $388.00 for each calendar day that expires after the time specified in paragraph 3.02 111 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $103,000.00 Written Amount: One hundred three thousand dollars ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR otherthan claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 112 A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or. Contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 113 (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2023027; (6) CONTRACTOR'S Bid Form; (7) Bid Bond; (8) Qualifications Questionnaire; (9) Drug Free Workplace Form; (10) Affidavit of Compliance; (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (13) Certification Regarding Lobbying; (14) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed 114 to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street 115 Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 —TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: 116 (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 117 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 March 7, 2023. OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Joseph H. Earman, Chairman By: , County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Bela Nagy, Director of Golf 530073 rd Street, Vero Beach FL 32967 (772) 770-5000 bnagy@indianriver.gov Attest (Contractor) (CORPORATE SEAL) Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 118 SN CONSENT: 3/7/2023 Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 24, 2023 SUBJECT: Resolution Cancelling Taxes Resolutions have been prepared for the purpose of earmarking the public use of the following properties and cancelling any delinquent, omitted or current taxes which may exist on the properties obtained by Indian River County: Public Purpose: Right -of -Way and Stonmwater Treatment Area for Public Works Project #1359 Location/Description: 32392600008000000001.0 - 4086 OLD DIXIE HWY 32392600008000000010.0 - 2185 41ST ST Purchased from: OLD DIXIE 4086, LLC, a Florida Limited Liability Company Instrument: Warranty Deed, recorded in Book 3598, Page 1454 of the public records of Indian River County FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the properties purchased by or donated to Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. ATTACHMENTS: Resolution Warranty Deed cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 119 Purchased from Old Dixie 4086, LLC Public Purpose: Right -of -Way and Stormwater Treatment Area Tax Parcel Portion of Parcel Nos.: 32392600008000000001.0 - 4086 OLD DIXIE HWY 32392600008000000010.0 - 2185 41ST ST RESOLUTION NO. 2023- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 1 120 RESOLUTION NO. 2023 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxas delinquent or current against the following described lands which were purchased by Indian River County from OLD DIXIE 4086, LLC, a Florida Limited Liability Company for Right -Of -Way and Stormwater Treatment Area, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Special Warranty Deed describing lands, recorded in O.R. Book 3598, Page 1454 of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of March, 2023. 2 121 RESOLUTION NO. 2023 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA :J ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 0 Deputy Clerk Joseph H. Earman, Chairman Tax Certificates Outstanding _ X_ Yes No Current Prorated Tax Received and Deposited with Tax Collector $ Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney 43 122 UNTY. E1 Y `A FSkbt6 - an Legal Dwripfion: or ,,. 1 NOM4 UNTY. E1 Y `A Sketch and Legal Description for: INDIAN RIVER COUNTY to RIGHT OF WAY LINE 41st Street (South Gifford Road) SOUTH LINE OF THE NORTHWEST 1/4 w� .� SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST�^�� POI -i Of 4 Beginning NORTHEAST CORNER LOT 1 S89'55' 16"E 58.36' KITH RIGHT OF WAY IN ` t NORTH LINE LOT 1 I 65398 � N'� EL ------ MEL dda U d � D z Esp.Vs S bdivision 2 Q Y O #P (P.B.S. 2, AGE 36) .3 �► CU u �C4 3 �o !� LOT 10 LOT 11 co t.Z 10 1 YS3a 4.M SO. F7. C Y� (0.11 ACRESt) N Z N89'55'16"WCORNERST 0 30.03' Lor 1 ;� SOU1H LINE LOT 1 No to Scale 1 O This is not a Boundary Sun AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. Sketch and Legal Description D ��S0/2fl22 DRAWN BY: D. SILON for: INDIAN RIVER COUNTY SCALE: APPROVED BY: (LOT 1 -- ADDRESS 4086 N/A D. SCHRYVER SHEET: OB NO: OLD DIXIE HIGHWAY) 2 OF 2 IRC -1359 Sketch and LegOl Description Ibr,, NDN lVrz.R SUN' T" Sketch and Legal Description for: INDIAN i r Z RIGHT OF WAY UNE 1 ' 41 st Street (South Gifford Road) K� 1 SOUTH UNE OF THE NORTHWEST 1/4 SECTION 26, TOWNSHIP 32 SOUTH. RANGE 39 m� N; NORTHWEST CORNER OF ' LOT 10 NORTH UNE SB9'55' 16" 1 _ � � � R ;> 8�0 0 RIVER COUNTY Point of BeQinninc ' NORTHEAST CORNER EAST LOT 10 10 y s4bdivision .B.S. 2, 1 PAGE 36) o O co U< O Q ; /� N iDt~� � Y♦•y� N �dN Za 1 "st3 ` jN 3rd}////�/%$aa�NS/ s� /�j/'LO/T/ 1 La /-WN LOT 1 a Im ,p� 5,724 SQ. FT. (0.13 ACRES*) cok SouTHwsT COMER 1N890S516"W 54.0y�e0� SOUTH UNE LOT 10 No to Scale O 1 This is not a -Boundary Survev v INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPTJENGINEERING DIV. 30 m D. SILON D. SCHRYVER 1359 LOT 11 SOUTHEAST CORNER OF LOT 10 Sketch and Legal Description for: INDIAN RIVER COUNTY (LOT 10 - ADDRESS 4086 OLD DIXIE HIGHWAY) M!r INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael C. Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Rob Skok, Infrastructure Project Manager SUBJECT: Work Order No. 5 — Andersen Andre Consulting Engineers, Inc. 11th Drive & 37th Street Roadway and Intersection Improvements Project, Geotechnical Testing Services (IRC -2001) DATE: February 6, 2023 DESCRIPTION AND CONDITIONS On December 4, 2018, the Board of County Commissioners approved the annual agreement for Professional Geotechnical Services, with Andersen Andre Consulting Engineers, Inc. for various services including, but not limited to, field and laboratory construction materials testing in Indian River County. The purpose of Work Order No. 5 is to provide laboratory testing and material engineering related services for quality assurance of the roadway and intersection improvements on 11th Drive and 37th Street. The project was awarded on December 20, 2022 to Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. and will include construction of a new public road segment of 11th 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, pavement markings, drainage improvements and separate turn -outs for Go -Line bus stops. Andersen Andre Consulting Engineers, Inc. submitted the proposal for field and laboratory construction material testing as outlined in the attached Work Order No. 5 for a not to exceed amount of $43,851.00. FUNDING Funding for Work Order No. 5 in the amount of $43,851.00 is available in Account No. 10215241-066510- 22010/Traffic Impact Fees/District II/Aviation Extension to 37th and 41St Streets. RECOMMENDATION Staff recommends approval of Work Order No. 5 to Andersen Andre Consulting Engineers, Inc. authorizing the professional services as outlined in the Scope of Services (Exhibit A) and requests the Board to authorize the Chairman to execute Work Order No. 5 on their behalf for a not to exceed amount of $43,851.00. ATTACHMENTS Work Order No. 5 APPROVED AGENDA ITEM FOR MARCH 7, 2023 128 C:\G ran i cu s\ Leg ista r5\L5\Temp\Oaf99 b7f-5225-4e39-bfb4-fbac6e9a9ae3.docx WORK ORDER NUMBER 5 IRC -2001 111h Drive & 37th Street Roadway and Intersection Improvements This Work Order Number 5 is entered into as of this day of , 2023 pursuant to that certain Continuing Contract Agreement for Continuing Geotechnical Engineering dated December 4, 2018, renewed and amended as of December 7, 2021, collectively referred to as the "Agreement", by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ANDERSEN ANDRE CONSULTING ENGINEERS, INC. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit A (Proposal for Professional Services), attached to this Work Order No. 5 and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fees set forth in Exhibit A (Proposal for Professional Services, Items 1-4), attached to this Work Order and made a part hereof by this reference. 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 ANDERSEN ANDRE CONSULTING OF INDIAN RIVER COUNTY ENGINEERS, INC. By: Title: By: Joseph H. Earman, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Michael C. Zito, Interim County Administrator William K. DeBraal, Deputy County Attorney 129 EXHIBIT A ANDERSEN ANDRE CONSULTING ENGINEERS, INC. Geotechnical Engineering Construction Materials Testing Environmental Consulting Indian River County Engineering Department 1801 27t` Street, Building `A' Vero Beach, Florida 32960 Attention: Mr. Robert S. Skok Infrastructure Project Manager AACE Proposal No. P23-2555 February 3, 2023 Subject: PROPOSAL FOR CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES 11— DRIVE AND 37"` STREET ROADWAY AND INTERSECTION IMPROVEMENTS IRC PROJECT No. 2001 INDIAN RIVER COUNTY, FLORIDA Dear Mr. Skok: Andersen Andre Consulting Engineers, Inc. (AACE) is pleased to present this proposal for construction materials testing services during improvements to portions of 11"' Drive and 37h Street, as indicated above. The purpose of our services, as discussed further herein, will be to provide materials testing in general accordance with the project plans and technical specifications. Our services also include drilled shaft, signal pole anchor bolt and mast -arm connection bolt inspections as detailed herein. BACKGROUND INFORMATION We understand that the roadway and intersection improvement project includes the following scope elements: • Paving and drainage improvements to approximately 90OLF of 1 Ph Drive, south of 37`b Street; • New roadway construction for the 11'h Drive extension for approximately 70OLF north of 37`h Street; • Drainage improvements within approximately 50OLF of 37`' Street; • Miscellaneous milling and resurfacing of the intersection of 11'h Drive and 37h Street; • The construction of mast -arm traffic lighting mounted on four aluminum signal poles which will be supported by drilled shafts; • Incidental sidewalk construction, bus pad construction and driveway restoration. - Balance ofpage intentionally 1ft blank - 834 SW Swan Avenue, Port St. Lucie, Florida 34983 Ph: 772-807-9191 Fx: 772-807-9192 www.aaceinc.com 130 11TH DRIVE AND 37TH STREET ROADWAY AND INTERSECTION IMPROVEMENTS Page -2- IRC PROJEcr No. 2001 RACE Proposal No. P23-2555 SCOPE OF SERVICES Based on our review of the Contract Plans (roadway) prepared by MBV Engineering, Inc. (dated October 2022) and the Contract Plans (signalization improvements) prepared by Kimley-Horn (dated April 2022) , we understand that required QC services will include the elements listed below: • Density testing for all embankment, subgrade and base rock used for roadway construction; • Density testing for all drainage improvements (including various conduits and utility deflections /conflicts); • Density testing of sidewalk, driveway and bus pad subgrade; • Concrete compressive strength testing for curbing, driveways, sidewalks, ADA ramps and drilled shafts; • Perform limited asphalt inspection and testing services, both in the field and at the plant; • Drilled shaft inspections and testing for the four mast -arm lighting assemblies and pols. Additionally, we will coordinate the inspection of signal pole anchor bolts and mast -arm connection bolts at each signal location (in general accordance with FDOT Standard Specification 649 (Galvanized Steel Poles, Mast Arms & Monotube Assemblies) and also FDOT's Standard Index 17745 (Mast Arm Assemblies). These services will be performed by our subconsultant, Johnson, Mirmiran and Thompson GMT); • Performing all necessary laboratory testing services to support the above -listed field testing services (e.g., Proctor, LBR, percent -fines, organic content, asphalt gradation/extraction, etc.). Based upon our understanding of the project plans and our prior experience with projects similar to this one, we estimate the cost of the services will be approximately $43,851.00. The actual cost of AACE's testing services will be a function of work actually performed in accordance with the attached unit fee schedule (in accordance with the continuing service contract between Indian River County and AACE, Contract #20211207). Contractor efficiency, methodology and changes in testing frequencies may affect the testing cost. We will notify you in advance if it appears that the cost estimate will be exceeded. To authorize us to proceed with this project, please execute and return to us a copy of the attached Project Agreement form or a Purchase Order number. If you have any questions or if we can provide any additional information, please feel free to contact us at your convenience. Best Regards, ANDERSEN ANDRE CONSULTING ENGINEERS, INC. David P. Andre, P.E. Peter G. Andersen, P.E. Principal Engineer Principal Engineer ANDERSEN ANDRE CONSULTING ENGINEERS, INC. WWW.AACEINC.COM 131 11TH DRIVE AND 37TH STREET ROADWAY AND INTERSECTION IMPROVEMENTS IRC PROJEcr No. 2001 AACE Proposal No. P23-2555 Page -3- ITEM #1: Field and Lab Testing of Roadway Construction • In -Place Density Testing of Roadway Embankment, Stabilized Subgrade and Base Course; - 85 tests @ $25.00/test (minimum 4 tests per hour, per trip) ......................................... $2,125.00 • In -Place Density Testing of Excavation Backfill for Removal of Old Storm Drainage; $4,250.00 - 50 tests @ $25.00/test (minimum 4 tests per hour, per trip) ......................................... $1,250.00 • In -Place Density Testing of Storm Drainage Trench & Excavation Backfill; - 250 tests @ $25.00/test (minimum 4 tests per hour, per trip) ........................................ $6,250.00 • In -Place Density Testing of Misc. Deflections & Conflicts; $512.00 - 25 tests @ $25.00/test (minimum 4 tests per hour, per trip) ........................................... $625.00 • In -Place Density Testing of Sidewalk, Driveway, Bus Pad Subgrade; - 40 tests @ $25.00/test (minimum 4 tests per hour, per trip) ......................................... $1,000.00 • Moisture/Density Relationship (Proctor) Testing. 6 tests @ $91.00/test.................................. $546.00 • LBR Testing (Stabilized Subgrade, Base Rock); 5 tests @ $315.00/test................................. $1,575.00 • Compressive Strength Testing of Concrete (Sidewalk., Curb, Bus Pad, Driveways, etc.) - 12 sets of concrete cylinders @ $95.00/set....................................................... $1,140.00 • Engineering Technician (man-hours for sample collection, limited standby, etc.) $2,988.00 - 100 hours @ $63.00/hour.................................................................... $6,300.00 Item #1 Subtotal: ........................................... $20,811.00 ITEM #2: QC Services During Paving Operations • Asphalt Plant Inspection - Senior Transportation/Roadway Technician; - 2 Days x 10 hours/day @ $85.00/hr. x 1.5 (nighttime testing rate) ................................... $2,550.00 - Asphalt Content and Extraction/Gradation Testing; 2 samples x $210.00/sample ........................ $420.00 • Roadway Coring (2 Coring Events) - Engineering Technician (for Roadway Coring - 2 techs. required for all coring); 2 events @ 8 hours/event x @ $63.00/hour x 2 technicians ........................................ $2,016.00 - Coring Mobilization; 2 events x $100.00/mob..................................................... $200.00 - Core Machine Usage; 2 days x $150.00/day....................................................... $300.00 - Generator Usage; 2 days x $50.00/day............................................................ $100.00 - Specific Gravity Testing (Unit Weight) of Cores; 8 cores x $37.00/core................................. $296.00 • Snr. Project Engineer (Pre -Pave Mtg., Test Review, etc.); 10 hours x $128.00/hour....................... $1,280.00 Item #2 Subtotal: ............................................ $7,162.00 ITEM #3: Signalization Drilled Shaft and Anchor/Connection Bolt Inspections • Drilled Shaft Inspection and Testing. - Senior Transportation/Roadway Technician (drilled shaft (4) inspections, includes Pre -Con mtg.); 50 hours @ $85.00/hour....................................................................... $4,250.00 • Drilled Shaft Concrete Testing; 4 sets of concrete specimens @ $95.00/ set .................................. $380.00 • Senior Field Technician (CTQP/FDOT Concrete Field Technician, if needed during pours); -24 hours @ $63.00/hour....................................................................... $1,512.00 • Senior Project Engineer; 4 hours @ $128.00/hour..................................................... $512.00 • Anchor/Connection Bolt Inspections: Since the contractor's proposed assembly methodology is currently unknown, we have assumed that separate technician -visits will be required for each of the four anchor assemblies, and also for each mast -arm connection (for a total of 8 technician -visits). Further, we have assumed that a bucket truck will be available for our use. Finally, we have budgeted limited standby time during this effort in the event that MOT requires adjusting, the bucket truck is delayed, etc. However, we have assumed that all inspections will occur during normal working hours/days (M -F, 7am-5pm). • Senior Field Technician (Bolted Connections): 6 visits x 6 hours/visit @ $83.00/hour ...................... $2,988.00 • Senior Project Engineer: 4 hours @ $128.00/hour..................................................... $512.00 • Professional/Administrative Man-hours (Engineering Consultations, Reporting, etc.): - Senior Project Engineer; 3 hours @ $128.00/hr....................................................... $384.00 - Technical Secretary; 5 hours @ $50.00/hr........................................................... 2$ 50.00 Item #3 Subtotal: .................................. $10,788.00 132 11TH DRIVE AND 37TH STREET ROADWAY AND INTERSECTION IMPROVEMENTS IRC PROJEcr No. 2001 RACE Proposal No. P23-2555 Page -4- ITEM #4: Professional/Administrative Services Estimate: • Snr. Project Engineer: - Limited Meeting Attendance - 10 hours x $128.00/hour......................................... $1,280.00 - Project Coordination, review of testing results; 20 hours x $128.00/hour ............................ $2,560.00 • Technical Secretary; 25 hours x $50.00/hour.................................................... $1,250.00 Item #5 Subtotal: ............................................ $5,090.00 PRotEcr TOTAL:.. $43.851.00 TERMS AND CONDITIONS (1) Unit rates apply to standard working days, Monday through Friday, 7:00 a.m to 6:00 p.m. Testing and hourly rates will be increased by 50% for weekend, holiday or after-hours services (i.e., services performed before 7:00 am or after 7:00 pm). Our man-hour rates as presented herein are based on day -time testing only. No allowances for nighttime work are reflected in our fee. (2) The contractor (or County personnel) should contact Andersen Andre Consulting Engineers, Inc. at (772) 807-9191 a minimum of 24 hours prior to any testing and 48 hours prior to weekend and evening work. (3) If our testing estimate for a specific work element is insufficient for that particular activity, resources from another work element can be used without prior authorization from the client as long as our total cost estimate is not exceeded. We will notify you in advance if it appears that the cost estimate presented in the attached unit fee schedule will be exceeded. (4) AACE has not been provided with the selected Contractor's proposed schedule (i.e.; paving days, FDR days, etc.). Therefore, man-hours and associated testing quantities are based on our experience with similar projects. It is possible that our testing budget may require revision based on contractor efficiency, methodology and scheduling. (5) Soil sample and concrete cylinder pickup for laboratory testing (e.g., Proctor, LBR testing, compressive strength, etc.) will be billed at $63.00/hour if not scheduled with other work. (6) Our services do not include reviewing, monitoring or reporting any aspect of the required Maintenance of Traffic (M.O.T.) that may be required for this project. (7) AACE's field technicians and engineers do not direct or witness the performance of any work. Neither the presence of an AACE representative on-site nor the observation and testing performed by our firm implies AACE's responsibility for defects discovered in the construction work. (8) AACE will not be responsible for job or site safety for this project; job site safety will be the sole responsibility of the contractor. (9) AACE will not have stop -work authority. Should our representatives encounter materials or workmanship that, either based on direct testing or on our experience with similar projects, does not appear to meet the engineering plans and specifications, we will notify Indian River County immediately. Results will not be relayed to the Contractor without prior consent of the County. (10) We understand that no FDOT Earthwork/Density Log Book will be required for this project. ANDERSEN ANDRE CONSULTING ENGINEERS, INC. WWW.AACEINC. "r:7 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael C. Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Mark Winslow, P.E, Project Engineer SUBJECT: Change Order No. 1— Release of Retainage 66th Avenue and 8th Street Signalization Improvements IRC -2002 DATE: February 21, 2023 DESCRIPTION AND CONDITIONS On December 14, 2021, the Board of County Commissioners awarded Bid No. 2022007 to Ferreira Construction Southern Division Co., Inc. in the amount of $694,326.36 to construct signalization improvements to the intersection of 66th Avenue and 8th Street that includes traffic signal mast arm assemblies with all other appurtenances. Also included is milling and resurfacing the intersection, signage, pavement markings and sod. Change Order No. 1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $53,701.85 for a final cost of $640,624.51 and makes final contract time adjustments. Ferreira Construction Southern Division Co., Inc. has successfully completed the project and has been paid $608,593.24 with $32,031.27 held in retainage. Ferreira Construction Southern Division Co., Inc. has submitted Contractor's Application for Payment No. 5 for release of retainage in the amount of $32,031.27. FUNDING Funding for the release of retainage in the amount of $32,031.27 is available in the following account: Traffic Impact Fees/District 3/8th Street & 66th Ave Account No. 102-206000-20015 Signal/Retainage/ $32,031.27 Ferreira Construction 134 C:\Granicus\Legistar5\L5\Temp\f6e8ee30-4940-49e6-9b52-f688720cld24.docx Page 2 Change Order No. 1— Release of Retainage 66`h Avenue & 81h Street Signalization Improvements (IRC -2002) March 7, 2023 BCC Meeting RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 5 in the amount of $32,031.27 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION Contractor's Application for Payment No. 5 Change Order No. 1 APPROVED AGENDA ITEM FOR MARCH 7, 2023 135 C:\Gra n icus\Legi sta r5\LS\Te m p\f6e8ee30-4940-49e6-9 b52-f688720cld24. docx SECTION 00942 - Change Order Form DATE OF ISSUANCE: 3-07-23 IRC -2002 No. 1 EFFECTIVE DATE: 3-07-23 OWNER: Indian River County CONTRACTOR Ferreira Construction Southern Division Co., Inc. Project: 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS OWNER's Project No. IRC -2002 OWNER'S Bid No. 2022007 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to the bid line items to finalize the contract amount and release retainage to the Contractor. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $694,326.36 Net (decrease) of this Change Order: $(53,701.85) Contract Price with all approved Change Orders: $640,624.51 Net increase this Change Order: ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 90 Final Completion: 120 Net increase this Change Order: Substantial Completion: (days) Final Completion: 39 39 Contract Time with all approved Change Orders: (days) Substantial Completion: 129 Final Completion: 159 RECOMMENDED: Mark Winslow, P.E. By: ENGINEER (Signature) Date: APPROVED: Richard Szpyrka, P.E. By: OWNER (Signature) Date: Change Order Form — 0099422 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Agenda ftems\Project Closeout\Forms\IRC-2002_CO1_2023031M CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: 66TH AVE. AND 8TH STREET SIGNALIZATION IMPROVEMENTS PROJECT NO. IRC -2002 BID NO. 2022007 WCD 1 TRAFFIC ENGINEERING REQUESTED ADDITIONAL EQUIPMENT LS 1 4,738.09 4,738.09 WCD 3 327-70-6 ASPHALT PAVEMENT MILLING 1.5 -INCH AVG. DEPTH SY 71.50 29.75 2127.13 WCD 3 337-7-83 ASPHALT CONCRETE FC -12.5 TRAFFIC C PG 76-22 1.5 -INCH TN 4.94 301.96 1,491.68 630-2-12 CONDUIT SIGNAL) (F&I) (DIRECTIONAL BORE LF 45.00 29.35 1,320.75 635-2-11 PULL BOX (F&I) (TRAFFIC SIGNAL EA 7 1,534.00 10 738.00 FA FORCE ACCOUNT LS 1 50,000.00 50 000.00 SUBTOTALS 1 1 8,356.90 1 62,058.75 NET DECREASE OF CONTRACT AMOUNT TOTAL I $ 53,701.85 137 F:WuDlic Worim ENGINEERING DIVISION PROJECTS000288th Ave sd 8N St SignWcmWnkl-AdminWgende ltemsPmject ClossouNRC-2002_COt ITEM_CFIANOES_20230307 M INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Michael C. Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Extension of the Memorandum of Understanding between Indian River County and Sebastian Inlet District for Coordination of Supplemental Downdrift Nourishment and Related Coastal Activities DATE: February 22, 2023 DESCRIPTION AND CONDITIONS On April 2, 2013 the Board approved a Memorandum of Understanding (MOU) between Indian River County (County) and the Sebastian Inlet District (District) to cooperate in connection with obtaining beach compatible materials from the dredging of the Sebastian Inlet sand trap and other approved borrow sources to partially construct or repair dune projects located in previous beach nourishment project areas or erosional hot spots along the County's beaches north of the Florida Department of Environmental Protection (FDEP) Reference monument R-40 (Wabasso Beach Park). The MOU provides a mechanism for the County and District to increase State grant funding opportunities on future beach projects. The State recognizes projects conducted in a manner that encourages cost -savings, fosters regional coordination of projects, optimizes management of sediments and project performance, protects the environment, mitigates impacts caused by modified inlets and provides long-term solutions. The MOU address all of the State grant funding eligibility requirements. The original MOU included a term limit of five (5) years, with one renewal option of an additional five (5) years, upon satisfactory coordination between the County and District. The County and District agreed on executing the five (5) year renewal, extending the terms of the MOU through to April 1, 2023. The District has convened a Technical Advisory Committee (TAC) to update the Sebastian Inlet Management plan. The County is an active participant in this TAC, with an anticipated completion date for TAC findings later in 2023. 138 Page 2 Extension of MOU with District March 7, 2023 BCC Agenda The TAC meetings have not yet been completed, and as such, the District and County are looking to extend the terms of the current MOU for one (1) additional year while the TAC outcomes are finalized. This proposed extension would maintain the conditions referenced in the original MOU and it's renewal for an additional year, with the extension running through April 1, 2024. FUNDING Funding is not required for the extension of the Memorandum of Understanding (MOU) between Indian River County and the Sebastian Inlet District. In the event that funding is required to implement the terms of the MOU, funds for the various beach projects are budgeted and available in the Beach Restoration Fund. RECOMMENDATION Staff recommends approval of the extension of the attached Memorandum of Understanding (MOU) between the County and the Sebastian Inlet District. ATT,&rwMFNT 2023 Extension of MOU 2013 Original MOU Between County and District 2019 Renewal of MOU APPROVED AGENDA ITEM FOR: March 7. 2023 139 ONE-YEAR EXTENSION OF MEMORANDUM OF UNDERSTANDING for Coordination of Supplemental Beach Nourishment and Related Coastal Activities THIS ONE-YEAR EXTENSION OF MEMORANDUM OF UNDERSTANDING for COORDINATION OF SUPPLEMENTAL DOWNDRIFT NOURISHMENT AND RELATED COASTAL ACTIVITIES ("Extension") entered into effective this day of April 2023 ("Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County"); and the Sebastian Inlet District ("District") an independent special taxing district established by a Special Act of the Florida Legislature, and agree as follows: WHEREAS, on April 2, 2013, the County and the District entered into a Memorandum of Understanding for Coordination of Supplemental Beach Nourishment and Related Coastal Activities (Agreement); and WHEREAS, the Agreement called for an initial term of five (5) years subject to renewal for an additional five (5) year term, for a total of ten (10) years; and WHEREAS, on April 2, 2019, the County and the District renewed and extended the Agreement until April 1, 2023; and WHEREAS, the District has convened a Technical Advisory Committee (TAC), in which the County is an active participant, to update the Sebastian Inlet Management Plan, expected completion 2024; and WHEREAS, the Parties have mutually benefitted from participating in the Agreement and desire to extend the Agreement for a one-year term while the TAC is ongoing; NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The above recitals are true and correct and are adopted by reference herein. 2. The term of the Memorandum of Understanding for Coordination of Supplemental Beach Nourishment and Related Coastal Activities dated April 2, 2013 and renewed April 2, 2019 is hereby extended until April 1, 2024. 3. The remaining terms and conditions of the Agreement shall remain unchanged. 1 140 IN WITNESS WHEREOF, the parties have executed this Extension as of the day and year first written above. ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller M Deputy Clerk Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney SEBASTIAN INLET DISTRICT BOARD OF COMMISSIONERS M Jenny L. Seal, Chairman Attest: Jack Kirschenbaum District Legal Counsel BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY By: Joe Earman, Chairman BCC Approved: Approved: Michael C. Zito Interim County Administrator Approved: James D. Gray, Jr. Executive Director 2 141 MEwlORAW" + U OED C"oo rdinationof Supplemental Beach Nourishment and Related Coastal Activities THIS MEMORANDUM UN .;I,,,'` �i� RD TFt�.OF ,SUPPLEMENTAL DOWNDRIFT N0URMWEW)00ASATED,0QASTAL At�WTIE`t "Agreement") entered It'd effete 2nd day _ ctive Dates by and between INDIAN RIVER COUNTY, a, paiMcal subdivision of the. Florida ( and Sebastian inlet fl Disk aft -independent special district estab ._ � ("lish 11101 $. Spcial Act of ths Fbida Legislature_ in .1.919, 'to maintain o navigability of Sebastian Inlet. BACKGROUND RECITAL' A The Cortes maintains beach and dune systems along the 2; miles of Indian Rker County Atlantic Ocean shoreline. The mission of the Indian FOWC&AIV ODSstal Engineering Division is to identify areas of chronic beach erosion andareas off high potential storm damage and to,, propose appropriate projects to mitigate the threats. Coastal activities are.. guided by the County's Beach Preservation Plan and the County's Habitat Conservation Plan, t fh plans are referenced in Chapter 9, Coastal Management Element of the 2030 County Comprehensive Plan adopted on October 12, 2010. Ba The Distrix is auftrized by l A Florida Legisl ( Mapter 2003-371, H Laws Qf Florida) `to oonsbuct e. wideftw deepen, and maintain the Sebastian Inlet. Pursuant to F.1% IRM.i 42 the District is directed to place all beach compatible materials derived f bM dredging the Sebastian Inlet on the downdrift beaches of Indian River County, C. The D * a ivies are guided by an ftftt Management Plan certified in March 2000 and recommert °s by, a Technical Advisory rnittee accepted August 1W6. Tho District strives t6itransfer an average annual volutes of sand to the downdrift beach -as in the range of 70AM to .90,060 oibic yards. A sand bypass budget is maintained by comparing annual survey p Iles of #m besO and d.une system and perform, iltg other coastal measurements.. D. The CmAy and ft z t desire to bobpWate in car t action,. tWft beach compat materials It the dredging of the Sebastian Inlet-tnw find channel, tag bead► =npatible materials to partially o truce or, x; [ecW, previo Mach rend hment projects or erosional Fit, spots along o f ghee north of DNR monut�tR-4Q ,all on the terms and conditions set fore . . �. The [district has cornstrur d a. edged Material Management Area (D fes. sWckpiling- both beach compatible- sand :and non -beach comps#ible sand mater 't I trict and County vlesire to coordinate on the appropriate use OT DMMA materia wort, type projects- w4h a zortesponding public benefit. 142 F. Tit* at tt �t regulad' ..coastal system hydrooWftaurin, ev i l wit blologit l nwitoring, serial photogr j/, Oki The 6006ty arum to ObW data w1W, rl cessary for permitting rposes, management pian modWAdjonn and analysis and Understanding .of the coastal system. Coordination between} awl WVineeringtonsultants will benefit loth the County and'the' DWet 0. The DWot hes entered into an agreement with -a:pf11vaft Oonsulting fitm Mr evaluating the econom% benefits of maintaining the Sebastian #"tit. keys o€,MNA fGt b0sinesses, boat owners and M- Whe related -entities will frovWa infMatio4,, related t*ft of the inlet. The Cow may befit f eooltoiC data gen , V. the sure related to property values near the inlet arW ;pu in in esta Ing a>1lfi offshore Sebastian Inlet. H Florida Statutes Chapter 163knoft as the Fl da Interlocal ooperatitm Acct of 19W provides a method frar rnmental entities such as the C>ou* V M the District cooperate with each other vn a basis of l advantage to provide ` end facilities lin d rtnwr #hat will accord best -M the fad influencing needs sad dowlopment of local 'raft- es. Also, Florida Statute 119.4 21 Mows the District t purchase commodities and certain contractual services from purchasing agreements of -the County wlh have been procured by a process that would have met t p�nent r uuements of the l i .� angement also known as piggybacking. NOW THIIERIEFOREO In consideration of the mutuet covenants and promises hereml coed ark,., inter good and valuable consideration, and intending to be legally bound, the County and District agree as follows: 1. Background Recitals. The wkgf.bUnd tecitals are trMand coned and Wrn s material part of this Agreement. 2. Ordination. Inlet s,"ment bypassing, a tiemental downdrift hou*OWftft and related avr'tfes of the District old be carried WA lit dose cooperations ivetr C tnty and the Florida Depar edt Otgnmert l'Protection, and the mon af leation and Parks. All parties desire to mitiga downdrift erosion;, promote publla to and protect natural resources through that respective management plans. 3 ,Send BypassinG% The District desires to faafer sartd'td the downdrift eaches. The pr"'" placement lotion. for �tl � '.sand trap and alternate seances -should Ise of the downdrift beadh, n,ta -17 a the approval m on fill teMplate of the Cout* designeW _ s 1 ct area„ Tits t and placement of supobimental mateelat and Inlet sand bpassing shodile Indian Rimer Countty to reduce the f uency of COU01y, beach nourish " that region. A figure id6nl ing the to tion of the sedhent.b . ing i I 2) is .attached ;as EMMI and in oo•0W by reference,, 4. SupplementaCitpyrish if. -is r t adequate.volumetric capacity'v : the Sectors 1 and 2 construes 0 , , ;,; supplemental material should ba placed by °DiOdet on the. in areas of greatest need (as 141B determined by lam River Cts '" R-4. Supplemental volumes, deternined through .: nent betwlft ftny and tho District. (targetyOkms re adtWpated to be in the range of rds),-, %Wre identifying the 1 cation of the:°l pletr�nta1 FID t plate (R-� �- JR -40) t attar hed as Exhibit 2 and incorporated by t�eference hereit i`rict aid Enver County Responsibil In order to maximize success of this S.upplemenW t4ourishment and Sand Bypassing Plans, the District and Irufan River 000ty most cooperate closely, and any such placemer>°mould be:qtpdild b ytheSebast rt Inlet Management Plan, and Indian River Dm`s Beaoit PreseNotion Plon OW 4une Maintenance Program. • The Dist#* will be respolibs►r`fill excavation, transportation anct placerofati> cziowndrif#beach7neet bypassing objective. Indian Rivet County mild rortsirile fits 't) 'Identifying, si pitting, and construing supplemental fill cess location. 1 , designing d permitting supplements N! placerr ma fl ns sov of R47 *md . curing necessa it releases and approved* from up1s�W property inti • The DWn*ct, a sible fof ., ordinating (with the Department &W 1tkillan Rin ' Coin use of supoernental fill access and placement locakms north, A-17. Tfie District, fid be responsible *r r: t staining (dutlpg construction and vWoft any Oil access locations d their immediate pre -use ocarttdi to,) lit uses to plac�a.iai�pptemental sand. Ind an l' t shaulkl Nurse the District for any incremental increase lin for, ind placement south of l-'1.is. Gusty and the 8tWM Wdrdinate,_monitoring, to maximi Off1dioncy and nethiftb overall cost. 5. Mond6rina. The District agrees to. fume all physical and t monitoring associated with the approved Sectots 1: iii fill template as required , , .. t lor purposes of measutifig the potential i* rshotis .fid bottom agrees to share all Heal t omtorrrlg dot cOected by ft 'li nty'W WPOW of estaWi , r cit baselitt tri #rte evert# of o l��y sponsored beach nourishment p nor#h.of. l 7, rhes the C ountyitiI . ` s agencies will renegotiate the responsibi 0 pemt required monitoring. 6. ILOW Loss Mifigi+ Tt>o. undertake applications for storm t tnitigation for Sectors 1 and ult i t itederal agencies for impacts resusnJ±om Named storms and identified by 410 declarations. The +>`rnty'a iattgineered beach' template qualifies the pr f� reimbursement prograi' everft to offset storm loss, the Com`Ond District will coordinate and give priority to sand available in I *lde sartd. tap and/.or DMMA for potential beach Or 04,6e placiettient. If tt - i iE istal englneeropWan ©ffshore or upland swW MAW 14 7. Notices. Any nom, cwt, derrt, consent, approval or other trrtunication required 4t peraAc reern shall be giVed, ,ar made ift.Writing rind shall served, elected by the paidywing notice, by wW of mowing methods: (1) Hand. detivery to ftrother party, Of�: [delivery by:OM.mercial q night' meter services; or Mailed by registered or certified mail (postage prepai, t'eturn :lpt requested at the addresses of the parti+e � wn below: Sebastian District. Attn: Martin $mithson,Administrator 114 Sixth Amenue Indialart# , ftrida,3290 Fax: (321) 9SI 1 82 Notices shall be effective when received at the address as, specified above. Either p may change its addressi fi the purposes of this section,, by written notice to the oto party given in accordance wlih the,ptrovisions 41his secttc >' Gcing L,aw: Venue: �, it~terpretation, .itstruction, effect Of this. AWeement shall be in accordaftoewith, and gowned k t the laws of ft State of , 1=`I, +�: The I+ttt4tl for.settlent oOW and all: elaims, ntroversies, or��lisputes arming out of or relating part of Aft Agreement, or any breach hereof, as well as any, litigasn between the parties, shall be Indian !river County, Florida for claims brought in state court, and the Southern District of FWWWW 00a claims justifiable in federal co Because it is impossible to ascertah d If neither pOWN should broach fps, agreement, the parties hereto are li ►8t an action ;i event'v, . ewh, for specific performance 9. Merger modification. This ?fir rpt Morporafes and includes all pr r and contemper neons negaUabons `res ooderice, conversations, agreements, ar d understandings ap .icable to the mars contained hereth and the parties agree th e no commits nts agreements, or ander and pining th i subject mattetaftA Aweemert & deviati " that are not contained herein, Av , : : agr d tits t O -M the ter't1t>3 her wt shall be predicated representaiit� + greet whether oral° wren, It is further rtcatic, alerts alteration 146 In the terms and oot lIgo conitained herein st g be effective: +i > VAI'Men document 6WMd by all parte A eating amendrt to . Agreement rrruat pt ose SWh rt a in vViV the other party at least' Y days pft to the proposed effectts of tk rndment. 10. Severability. if aft, or proves .of thit wgvf .the application thereof to any person or dMu� S- .. 'et l enforceable fot the remain of thinsVQM , then l* term Ot pwision to por ins o c rnstances Or OwIcft la # Id Invalid or + ? sill rot beof cted, and every, ether toff SM -provision of this Agreement be deqnwd valid and enforceable to the extent permitted by law. .. It Captions: Construction. Captio In this Agfeement are iftlu&d tr convenlenoe only and are not to be consWerefln,oMi raonstruction or interpretation Ofthis Agreement or y of s ;pbvisio . Unlest� c text iP lcates otherwise, r�rda Importing the singular nurrr lftbluft its Pk#W truer, . *e versa. Words'6f any gender include the relative worm of ft Vther genders, unless the sense indicates otherwise. 13. ScyeMb JMm rW to this Agreementis responsible for all injury and property damage attributable to ft. fiegligent acts or omissions of that party and the :officers, employees and :agents thered, ijrr addition, each party is subject to the `ins of Florida Statutes seob'M- 14: No 4!a#fir: 17he blure of either party at any #W.to require performance by the other party of OW Omision, tWof shall in ne way affect the right of either party thereafter to ftarce the same. No waiver by either party of any 0, -b of any provision hereof shall be then or held to be a waiver of any succeeding breach O. cb provision or as a waiver of any pr avWon itself; 15. Coenrparts. This AgreemenPtt tlnay be executed in any number counterpsm, eachof wh shall be deemed an original and all of which shall constitute but one and the same docwftnt. 16. Term.: Sib, early termination as set forth in this Agree Ns Agreement -shall .00rnnrenoe "the Effective Date and shall remain in effect for a` five (a) years from the Effecter pate of the Agreement, with one renewal optics '6V# years, for a potential total, of ten (10) 17, @WWWM 7home effective upon execution by both parties and flung rf (**�jfthe QVA QpW for If vdM,f Wer C#4* #nd the Clerk of the Circuit Court for BrevaM.AOwn `y. . M A /►f-- Y 'wwE.'► !r'tYA1Lf,il.s i 'V i " 3" ft* immo .. .. .. ... I flm iii m„i�nurvc Y NOTE: IMAGE DATED 2010 Exbbit 1 Primary Placement Locations Sectors 1 & 2 Bypassing Template ON LET R— NOTE: IMAGE D Exhibit.2 Supplemental Fit] Lo+c t "S(R47 to R- * W m z D r T F rrp A D O Exhibit.2 Supplemental Fit] Lo+c t "S(R47 to R- * W RENEWAL OF MEMORANDUM OF UNDERSTANDING for Coordination of Supplemental Beach Nourishment and Related Coastal Activities THIS RENEWAL OF MEMORANDUM OF UNDERSTANDING for COORDINATION OF SUPPLEMENTAL DOWNDRIFT NOURISHME�T AND RELATED COASTAL ACTIVITIES ("Renewal") entered into effective this 2 day of April 2019 ("Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County"); and the Sebastian Inlet District ("District") an independent special taxing district established by a Special Act of the Florida Legislature, and agree as follows: WHEREAS, on April 2, 2013, the County and the District entered into a Memorandum of Understanding for Coordination of Supplemental Beach Nourishment and Related Coastal Activities (Agreement); and WHEREAS, the Agreement called for an initial term of five (5) years subject to renewal for an additional five (5) year term, for a total of ten (10) years; and WHEREAS, the Parties have mutually benefitted from participating in the Agreement and desire to renew the Agreement for an additional 5 -year term; NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The above recitals are true and correct and are adopted by reference herein. 2. The term of the Memorandum of Understanding for Coordination of Supplemental Beach Nourishment and Related Coastal Activities dated April 2, 2013 is hereby renewed and extended until April 1, 2023, nunc pro tunc. 3. The contact for the District under the Agreement shall be amended to read as follows: Sebastian Inlet District Attn: James D. Gray Jr., Executive Director 114 Sixth Avenue Indialantic, Florida 32903 Phone: 321-724-5175 1 150 MA • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael C. Zito, Interim County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Timothy Rose Contracting, Inc. proposed donation of 110 pieces of Barrier Wall DATE: February 24, 2023 DESCRIPTION AND CONDITIONS Timothy Rose Contracting, Inc., a local Vero Beach based contractor, recently approached the County's Public Works department offering, as a donation, 110 pieces of concrete barrier wall. The concrete barrier wall would be used by the Road & Bridge Department for various purposes for example separation of material in the maintenance yard, temporary access restrictions, or shore stabilizations. These barriers are versatile in use and barriers currently owned by the County are used in Vero Lake Estate to restrict access to drainage ditches, emergency blockage during a storm events, emergency closures during culvert failures and erosion control. These concrete structures can also be used for the County's artificial reef program if not needed by the Road & Bridge Department. NINMNr Funding is not required as the material is being offered as a donation to the County. The material will be delivered to the County's facilities at 41" Street by the Contractor, and offloaded by County staff. RECOMMENDATION Staff recommends the Board of County Commissioners accept the donation of the proposed material from Timothy Rose Contracting, Inc. ATTArwMFIUT Material donation agreement AGENDA ITEM FOR MARCH 7, 2023 152 C:\G ran icu s\Leg i sta r5\L5\Te m p\42efflc8-34f0-4297-a 380-6e71446b8efl.d o cx MATERIAL DONATION AGREEMENT THIS AGREEMENT made this day of , 2023, by and between Indian River County ("IRC'), a political subdivision of the State of Florida, whose point of contact is IRC, Attention Public Works Department, 1801 27th Avenue, Vero Beach, FL 32960, and Timothy Rose Contracting, Inc., a Florida corporation, whose contact address is 825 8th Street, Vero Beach, FL 32962. WHEREAS, IRC has a beneficiary use for concrete barrier wall sections for various purposes, and WHEREAS, Timothy Rose Contracting, Inc. has offered to donate 110 pieces concrete barrier wall sections that are suitable for use by the Road and Bridge Department for access restriction, emergency blockages during storm events, emergency closures during culvert failures, erosion control and possibly as reef building material. IT IS THEREFORE, AGREED as follows: 1. Timothy Rose Contracting, Inc. hereby donates to IRC 110 old concrete barrier wall sections for use by the Road and Bridge Department. Timothy Rose Contracting, Inc. shall be responsible for delivery of the materials to the County storage facility located on 41s' Street. IRC shall provide the necessary equipment to unload the materials from transport vehicles of Timothy Rose Contracting, Inc. IN WITNESS WHEREOF, the Board has executed this Donation Agreement as of the date approved below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER;COUNTY, FLORIDA By: Joseph H. Earman, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Timothy Rose Contracting, Inc. By: Timothy Rose, President Approved as to form and legal sufficiency By: Dylan Reingold, County Attorney Approved By: Michael C. Zito, Interim County Administrator 153 VA 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES Tuesday, March 7, 2023 To: Michael Zito, Interim County Administrator From: Wesley Davis, CFA Indian River County Property Appraiser Date: February 24, 2023 Re: New Tax Distribution Feature on Property Appraiser's website Wesley Davis respectfully requests the opportunity to present the New Tax Distribution feature, now available on the Property Appraiser's website, at the Board of County Commissioners Commission Meeting scheduled on Tuesday, March 7, 2023. Thank you for your considerations. 154 10)81 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: Sylvia Telezinski ADDRESS: 13570 Westport Dr, Sebastian PHONE: 7725716996 Widening north end of Old Dixie to 2 full lanes SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES Y1 NO North end of Old Dixie needs to be widen to 2 full lanes, at present WHAT RESOLUTION ARE YOU it is not wide enough for 2 vehicles to pass each other comfortably REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? � YES E NO WHAT FUNDS OR ACTIVITIES ARE Road costs REQUIRED TO MEET THIS REQUEST? For HRC Staff only: Transmitted:to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: 155 16&� INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Bill Rigby / West Wabasso Progressive Civic League ADDRESS: SUBJECT MATTER FOR DISCUSSION: PHONE: 772-501-4753 Shared usage of the building Old Douglas School IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES Yl NO WHAT RESOLUTION ARE YOU Open up building for their use for meetings REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1:1 YES Z NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: March 7, 202 156 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 16LA'I Public Notice Item - B.C.C. 3.7.23 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 22, 2023 ATTORNEY SUBJECT: Public Notice of Public Hearing for March 28, 2023, to Consider an Ordinance Concerning Residency Requirements for Registered Sex Offenders The Board of County Commissioners will hold a Public Hearing on Tuesday, March 28, 2023, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 306.06 (RESIDENCY RESTRICTIONS FOR REGISTERED SEX OFFENDERS) AND CREATING SECTION 306.065 (PROHIBITIONS, EXCEPTIONS AND PENALTIES) OF CHAPTER 306 (MISCELLANEOUS OFFENSES AND PROGRAMS) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO UPDATE TERMS AND DEFINITIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. C: Irma,—V,eg W.59,51T-p14Je9edad-2661-4108.b27do&0682&cl.d- 157 INDIAN RIVER COUNTY MEMORANDUM TO: Michael Zito Interim County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Rebeca Guerra, AICP, LEED-AP, CPD Chief, Environmental Planning & Code Enforcement DATE: 2/27/2023 RE: Consideration of the Purchase of County -Owned Property to Remedy Private Encroachments on Lot 8, Block E, Unit L of Vero Lake Estates It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of March 7, 2023. DESCRIPTION AND CONDITIONS Nancy And Herb Schroer own residential property located at 7985 100th Avenue (Lot 9) in Indian River County. They are renting the property to tenants Christopher and Cathie Keller. On May 10, 2022, the County's Public Works Department identified possible unpermitted private encroachments on County - owned property in Vero Lake Estates. These encroachments included a fence, accessory structure, retaining wall, culvert, and driveway expansion all located within a drainage & utility easement. On May 11, 2022, Code Enforcement staff issued a Notice of Violation and the case was brought before the Code Enforcement Board (CEB) on June 27, 2022, where the respondents were found to be in violation of the following: Section 312.06(1)(A) - Alteration of r -o -w without valid permit (placement of fill and structures in the r-o-w/easement without a permit or approval); Section 312.06(1)(B) - Illegal structure in County r -o -w or easement (construction of a fence, wall, driveway in the r-o-w/easement without a permit or approval); Section 312.06(1)(C) - Encroachment/Obstruction in r -o -w or easement (placement of fill, structures, and drainage improvements in the r-o-w/easement without a permit or approval); 105.1 FBC - No building permit, Violation of FL Building Code (construction of a fence, wall, driveway, and accessory building without required building permits); and Section 911.04(2)(C) - Zoning district use violation (construction of an accessory dwelling unit without site plan approval). The tenants contacted the Public Works Director, Rich Szpyrka, to determine if a portion of the County - owned property could be purchased to remedy the encroachments. On August 22, 2022, Mr. Szpyrka agreed to this solution subject to the following steps/conditions being met: Hire a surveyor to provide a boundary, topographical, and existing conditions survey for 7985 100th Avenue and a boundary, topographical, and existing conditions survey for the adjacent County property. The owner/tenant will need to have the surveyor prepare a sketch and description of the property to be acquired from the County. 158 Once the sketch and description are approved by the County, it will be necessary for the owner/tenant to hire a property appraisal company to provide the owner/tenant with an appraisal of the County property and the fair market value of the property that the owner/tenant will need to purchase. While the above is being accomplished, the following issues should be addressed in conjunction: o Obtain building permits and final inspections for the existing fence and wall, and any portions of unpermitted driveway within the property limits. o Obtain Declaration of Covenant approval for portions of the fence/wall that are located within the side yard easement. o Obtain building permits and final inspections (ora C.O.) forthe accessory building. Once all the above has been accomplished and all issues resolved, Staff will prepare an agenda item for the Indian River County Board of County Commissions to consider for the sale of the property necessary to address the above issues. At this point, the tenants have completed the first step listed above: they contracted with a surveyor to provide a survey for 7985 100th Avenue (Lot 9) and the adjacent County -owned property (Lot 8). This survey is attached for the Commission's review. The survey verifies the encroachments, and identifies an approximate 6 -to -7 -foot strip of property which would need to be purchased to remedy the encroachments. Before asking the respondents to complete the additional steps listed above, staff is seeking the Board's direction on this matter. RECOMMENDATION Staff recommends that the Board consider the purchase of a strip of County -owned property by a private resident to remedy the encroachments identified in this report, and provide conditional approval (subject to completing the steps outlined in this report), or denial, for the purchase. ATTACHMENTS 1. June 27, 2022, Order Finding Violation. 2. Survey of Lot 8 and Lot 9 of Vero Lake Estates Unit L, Block E. 3. Aerial map of Lot 8 and Lot 9 and eight County -owned lots in Vero Lake Estates. 4. Street -view photographs of 7985 100th Avenue dated December 2007 and September 2022. 159 Code Enforcement Board of Indian River County ORDER FINDING VIOLATION IN THE MATTER OF: Case No. 2022050078 SCHROER, NANCY and HERB 510 BROOKEDGE TER SEBASTIAN, FL 32958 TENANTS 7985 100TH AV VERO BEACH, FL 32967 , Respondents RE: VIOLATION of the Code of Laws and Ordinances of Indian River County, Florida. DESCRIPTION OF SITE OF VIOLATION: Location: 7985 100TH AV VERO BEACH Tax Parcel ID No.: 31-38-33-00003-0050-00009.0 Zoning: RS -3 Legal Description: VERO LAKE ESTATES SUB UNIT L BLK E LOT 9 PBI 5-86 THE CODE ENFORCEMENT BOARD HAS HEARD TESTIMONY AND EXAMINED EVIDENCE AT A HEARING HELD JUNE 27, 2022, AND BASED ON THE EVIDENCE, THE CODE ENFORCEMENT BOARD HAS ADJUDGED AS FOLLOWS: FINDINGS OF FACT AND CONCLUSION OF LAW 1) Respondent is the legal owner and/or occupant of the subject property, and was duly notified of the hearing, in accordance with Chapter 162, Florida Statutes. The following Respondent(s) or respondent representatives were present at the June 27, 2022, Code Enforcement Board meeting: Cathie Keller & Christopher Keller 2) The subject property is zoned RS -3. The following violation(s) exist on the subject property: - ALTERATION OF RIGHT-OF-WAY WITHOUT VALID PERMIT [placement of fill and structures in the R.O.W./Easemnet without a permit or approval] - ILLEGAL STRUCTURE IN COUNTY R.O.W. OR EASEMENT [construction of a fence, wall, driveway in the R.O.W./ Easement without a permit or approval] - ENCROACHMENT/OBSTRUCTION IN R.O.W. OR EASEMENT [placement of fill, structures, and drainage improvements in the R.O.W./ Easement without a permit or approval] - NO BUILDING PERMIT, VIO.OF FLA. BUILDING CODE [construction of a fence, wall, driveway, and accessory building without required building permits] - ZONING DISTRICT USE VIOLATION [construction of an accessory dwelling unit without site plan approval] 3) The above described is a violation of the following Section(s) of the Code of Laws and Ordinances of Indian River County: Code Chapter/ Section - CHP 312 / .06(1)(A) - CHP 312 / .06(1)(B) - CHP 312 / .06(1)(C) - FBC 105 / 105.1 FBC - CHP 911 (ZON) /.04(2)(C) 160 ORDER (Case No. 2022050078) 1. IT IS THE ORDER OF THIS BOARD that the Respondents shall comply with the herein cited sections of the Code of Laws and Ordinances of Indian River County, Florida, on or before JULY 11, 2022, & SEPTEMBER 23, 2022, (hereinafter compliance date), by taking the following actions: By July 11, 2022, submit & obtain permits for any unpermitted improvements (fence/shed structure) or obtain demolition permits to remove all unpermitted improvements from the County right-of-way and on the property and; By September 23, 2022, relocate the fence from County right-of-way and easement and get final inspections. Relocate shed structure to conform with County code or remove shed and get final inspection. Remove all unauthorized fill, driveway, and drainage improvements from the County right-of-way/Easement and restore the right-of-way/Easement back to its original condition Respondents shall not use, or permit the use of, said property in violation of the cited code sections at any time thereafter. If the violation continues beyond or recurs after the specified compliance date, a fine up to $250 per day for each day of noncompliance shall be imposed. 2. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE INSPECTOR at 1801 27th Street, Vero Beach, Florida 32960, Telephone (772) 226-1249, who shall inspect the property and advise the Code Enforcement Board as to the correction of the violation. 3. IF RESPONDENT HAS NOT ABATED OR CORRECTED THE VIOLATION on or before the compliance date, THIS BOARD SHALL RECONVENE in the Commission Chambers of County Administration Building A, 1801 27th Street, Vero Beach, Florida at 2:00 p.m. on Monday, JULY 25, 2022, & SEPTEMBER 26, 2022, to hear further evidence on the issue of compliance and to impose a fine amount up to $250 per day for each day the violation continues beyond the compliance date. RESPONDENT IS HEREBY FURTHER NOTIFIED TO REAPPEAR before this Board for such compliance hearing, at the aforestated time and place, UNLESS THIS MATTER HAS BEEN SATISFACTORILY RESOLVED AND THE CODE INSPECTOR HAS BEEN DULY NOTIFIED and has acknowledged correction of the violation. 4. REPEAT VIOLATIONS: A repeat violation of the same Code provision by the violator, even if committed at a different location, can result in the issuance of a notice of violation, without an opportunity to correct, and a hearing before the Code Enforcement Board resulting in imposition of fines of up to $500.00 for each day the repeat violation continues, beginning with the day the repeat violation is found by the Board to have occurred. Rf. F.S. 162.04(5); 162.06(3); 162.09(1) and (2)(a). 5. BE ADVISED THAT in accordance with County Code Section 973.04, if the Code Enforcement Board determines at the compliance hearing that the violation(s) constitute a public nuisance posing a serious threat to public health, safety and welfare or if the violation is irreparable or irreversible in nature, then the Board shall advise the County, no sooner than 30 days after the compliance hearing, to enter onto the property and abate the nuisance, with costs of the abatement to be recorded as a lien against the property. TAKE NOTE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST YOU CONSTITUTES A LIEN AGAINST THE REAL PROPERTY ON WHICH THE VIOLATION EXISTS AND UPONANY OTHER REAL OR PERSONAL PROPERTY WHICH YOU OWN. YOUR CONTINUED NONCOMPLIANCE MAYRESULT INFORECLOSURE, JUDICL4L SALE AND LOSS OF YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR IMMEDMTELY. DONE AND ORDERED JUNE 27, 2022, in open session at the County Commission Chambers of County Administration Building A, 1801 27th Street, Vero Beach, Florida. EXECUTED by the Chairperson of the Indian River County Code Enforcement Board, and attested and countersigned by the Recording Secretary of such Board this day of 2022. ATTEST: Lisa Plesnarski Recording Secretary Dana DiFranceso, Chairperson Indian River County Code Enforcement Board Copy furnished to: Respondent REVIEWED AS TO LEGAL FORM: Code Officer DAPHNE DRISKELL Ryne Hartt Board Advising Attorney 161 N r noa..m�.a Wyk S 3 q 0 1 � fOYm-muu " (s). Jo 9L ppTt[3 F f :t Egg OOgg ? � ri Jillp .SE'S'"% in o d i Z wl F 9 11 nil i 01 (dAmr� w v €a�� g€§2�AR €„ 1210 NOW; i i i g j o@ d�F "s98�sd��Go�= AV 1I 57fi A s l6 -,# �;.. _ X t _ AV I1!JUL, r w v, Street -View Photographs of 7985 100th Avenue Dated December 2007 & September 2022 DEC 2007 Consideration of the Purchase of County -Owned Property to Remedy Private Encroachments on Lot 8, Block E, Unit L of Vero Lake Estates Board of County Commissioners March 7, 2023 Overview • Nancy And Herb Schroer are owners of 7985 100th Avenue (Lot 9) in Vero Lake Estates • Christopher and Cathie Keller are tenants of the property • On May 10, 2022, the Public Works Department identified possible unpermitted private encroachments on County -owned property located next-door • These encroachments (made by the tenants) include a fence, accessory structure, retaining wall, culvert, and driveway z lk�-1 County -Owned Properties in VLE Code Enforcement Action • On May 11th 2022, staff issued a Notice of Code Violation & the case was brought before the Code Enforcement Board on June 27th 2022 • Respondents were found to be in violation of the following: ❑ Section 312.06(1)(A) - Alteration of r -o -w without valid permit ❑ Section 312.06(1)(B) - Illegal structure in County r -o -w or easement ❑ Section 312.06(1)(C) - Encroachment/Obstruction in r -o -w or easement ❑ 105.1 FBC - No building permit, Violation of FL Building Code; and ❑ Section 911.04(2)(C) - Zoning District use violation. 6 /& L/" 3 Prepare a sketch/description of property to be bought (approximately 6-7 feet). Hire a property appraisal company to provide an appraisal of County property and its fair market value. Background • Address the following outstanding issues: CONT. ➢ Obtain building permits and final inspections for the existing fence x and wall, and any portions of unpermitted driveway within the property limits. has been accomplished and all issues Staff prepares an agenda item for the Commission to consider the sale of the property needed. Ue44 4 Staff Recommendation • Before directing the respondents to complete the additional steps towards purchasing the property (survey/legal description/appraisals), staff is seeking the Board's direction. • Staff recommends that the Board consider the purchase of a strip of County -owned property by a private resident to remedy the encroachments identified in this presentation, and provide conditional approval (subject to completing the outstanding steps), or denial, for the purchase. Consideration of the Purchase of County -Owned Property to Remedy Private Encroachments on Lot 8, Block E, Unit L of Vero Lake Estates Board of County Commissioners March 7, 2023 Cited Violations e c , If County r -o -w purchased: 1 & Remedies D E f I G _ CODE VIOLATION ACr10N ACnON ACnON ACnON ACTION ACTION Submit DW permlt6 3. DrArJlasecounry r-trw have approved Submit Site Planto Dlanning8 be apgowd Submit Big. permR& Submit Derl. of fay. 6e approved &beapprwad Move St - t -4 '.Alteration of easement (drainage male &fill) X X 5 Nc PW permltfor alteredon of r-o-wldrainage Swale) 6 NO Pw permnforalteration of r-trw(dm way/apron{ i :Structure to easement (fence) X 8 'Structure In easement (wall) X 9 Structure le asement (Shed) 10 -Side xtbeck of l0'(3.Tprovldad{ X 71i -Rear xtbxkoF 2d (16.1'provlded{ X 12 No Building permit (shed) X K 13 No Building penult (fence) X 14 N. Building permit (wall) X 15'Ennoachment In easement (shed) X 161Eriaoachment In eaxment (fence) X LI !Encroachment In eaxment (wall) X 18'IEnaoaa'hment in eaxment (drainage Swale & FlII) X 19 �Enaoachment In easement Gavel driveway) X 20 -:Zoning Use (shed asADU X 21' If County r -o -w NOT purchased: 22 1) Remove all5truthrres Shed/fence/wall fromsel6xtS/easements ANDebtaln permits & final Inspections for all irom Building Department 11 Renrove alliin rovements (fillIgnneildralage zwale from easements ANO rertare to tts nal contlroonAND obtalnfmal In Ions tram PuWieWorks De rrrent INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation M TAL 7, 2023 Date: February 27, 2023 To: The Honorable Board of County Commissioners Through: Michael C. Zito, Interim County Administrator Dylan Reingold, County Attorney Beth Powell, Director Parks and Recreation/Acting General Services Director From: Wendy Swindell, Conservation Lands Manager Subject: South Oslo Riverfront Conservation Area — FDEP Resiliency Grant and Development of a Cost -Share Agreement with the St. John's River Water Management District BACKGROUND: The South Oslo Riverfront Conservation Area (SORCA) was acquired through cost -share funding with Florida Communities Trust. SORCA consists of three parcels: (1) the 66 -acre Salama & Emerson Tract that was acquired in 2000; (2) the 6.69 -acre "South Link" which was acquired in 2004, and serves to connect the Audubon house to SORCA; and (3) the 70 -acre Diamond Tract which was acquired in 2005. The property is located on the south side of Oslo Road directly across from the 298 -acre Oslo Riverfront Conservation Area (ORCA). Similar to ORCA, the site contains pedestrian trails and a wetland overlook. Dominant plant communities on the site include mesic pine flatwoods, coastal hammock, and estuarine wetlands. Over the past 10 years, hydrologic conditions within several of the plant communities abutting the coastline along the Indian River Lagoon (IRL) have been negatively affected by increased inundation from storms and king tides, and the duration of this inundation. Shifting hydroperiods have resulted in fringing coastal upland hammock communities transitioning into wetlands, with a complete loss of mature oaks and other hardwoods. The Indian River Lagoon National Estuary Program (IRLNEP) and other scientific research organizations have reported that this trend is occurring throughout the IRL. Coastal hammocks and maritime hammocks provide habitat for a wide variety of wildlife species, and many protected plants are found in these vegetative associations. The Florida Department of Environmental Protection (FDEP) has allocated extensive funding, including funding through the St. John's River Water Management District (SJRWMD), to encourage development and implementation of projects that will further resiliency and sustainability efforts along the IRL. In January 2021, staff was contacted by the SJRWMD Estuaries Section to solicit potential projects to meet these resiliency goals for the stretch of the IRL in Indian River County, specifically on conservation lands. C:\Granicus\Legistar5\L5\Temp\bae58a6d-5870-4598-94f6-a4015e6b8lcl.doc 165 Since the mid -20th Century, more than 40,000 acres of highly productive herbaceous salt marsh within the IRL have been lost due to the construction of mosquito impoundments. These saltmarsh areas provided habitat for numerous wildlife and plant species unique to the IRL, and served to filter pollutants and protect shorelines from erosion. When mosquito control district implemented the Rotational Impoundment Management (RIM) operations, water levels were controlled during the year to reduce the amount of time that mud flats (where saltmarsh mosquitos breed) would be available. While this works very well to control mosquitos, the hydrologic isolation of these impoundments greatly affected the potential habitat and water quality benefits that are provided by non -impounded saltmarshes. These RIM impoundments become dominated by mangrove species, as these are the only vegetative species that can tolerate long-term saltwater impoundment The eastern portion of SORCA includes an impoundment that is no longer part of the RIM network. The dike along this impoundment extends approximately 1,100 feet from Oslo Road to the conservation area boundary to the south. A connection to the RRL is present midway along the dike. The County has worked with SJRWMD to develop a plan to remove the dike (to the extent feasible), and re -connect wetlands west of the dike directly (in terms of hydrology) to the IRL. Open exchange of waters between the open water portion of the IRL and through the mangroves to the west will be a great benefit to wildlife habitat, especially fisheries, in this portion of the Lagoon. In addition, restoring a natural connection between the IRL and the uplands along the eastern portion of SORCA will provide increased resiliency by reducing the potential for long-term inundation of uplands. One of the goals for the project is for the upper portions of the mangroves to transition into a high marsh habitat. Throughout 2022 County staff worked with the SJRWMD to provide a grant proposal to FDEP to fund the removal of the SORCA dike and the re -connection of the impoundment. County staff included funding for the design of the project in the currently approved CIE. If a grant with the SJRWMD is approved by the Board, County staff plan to engage Carter Associates, Inc. (CAI) to work with Ducks Unlimited (DU) on the design and engineering of the project. DU has extensive experience in habitat restoration work, and has recent experience on similar impoundment work in Brevard County. County staff, with the assistance from the project engineer, will prepare and submit any necessary permit authorizations required. ANALYSIS: FDEP awarded the grant to the SJRWMD in January 2023. A copy of this agreement (22SRP09) has been provided with this staff report. Staff is requesting that the Board authorize the County Attorney to work with SJRWMD staff to develop a cost -share agreement with the County to complete the SORCA impoundment restoration project. FUNDING: There is no funding required for this item at this time. Staff will come back before the Board when the grant is awarded to approve any necessary funding. However, there is $50,000 in available funds in the Optional Sales Tax/Parks/S Oslo Conservation Impoundment Restoration account, number 31521072-066510-22002. C:\Granicus\Legistar5\L5\Temp\bae58a6d-5870-4598-906-a4015e6b81cl.doc 166 STAFF RECOMMENDATION Staff respectfully recommends the Board authorize the County Attorney to work with the SJRWMD staff to develop a cost share agreement for completion of the re -connection of the SORCA impoundment to the Indian River Lagoon. The draft agreement will be presented to the Board for consideration and approval. ATTACHMENT • Agreement 22SRP09: FDEP Grant Agreement with the SJRWMD for the South Oslo Riverfront Conservation Area Floodplain restoration project APPROVED AGENDA ITEM FOR MARCH 7, 2023 C:\Granicus\Legistar5\L5\Temp\bae58a6d-5870-4598-94f6-a4015e6b81cl.doc 167 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: South Oslo Riverfront Conservation Area Floodplain Restoration 22SRP09 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee Florida 32399-3000 (Department) Grantee Name: St. Johns River Water Management District Entity Type: Water Management District Grantee Address: 4049 Reid Street, Palatka, Florida 32177 FEID: 59-1519123 (Grantee) 3. Agreement Begin Date: Date of Expiration: 7/1/2022 6/30/2025 4. Project Number: Project Location(s): Indian River County (If different from Agreement Number) Project Description: The project will remove a 1,100' perimeter dike and restore the land to improve exchange between impounded mangroves and Indian River Lagoon. 5. Total Amount of Funding: Funding Source? Award #s or Line Item Appropriations: Amount $ 100,000.00 R State ❑Federal FY 2022/2023 GAA Line Item #1775A $ ❑ State ❑Federal $ R Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 200,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Lisa Widener Name: Christopher Williams or successor or successor Address: Resilient Florida Program Address: St. Johns River Water Management District 2600 Blair Stone Road, MS235 P.O. Box 1429 Tallahassee, Florida 32399 Palatka, Florida 32178 Phone: 850-245-8323 Phone: 386-643-1195 Email: Lisa.Widener@FloridaDEP.gov Email: cwilliam@sjrwmd.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: Y Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2: Special Terms and Conditions 9 Attachment 3: Grant Work Plan R Attachment 4: Public Records Requirements 0 Attachment 5: Special Audit Requirements 0 Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https:Hfacts.fldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): Y Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form F�] Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Exhibit J: Common Carrier or Contracted Carrier Attestation Form PURI 808 0 Additional Exhibits (if necessary): Exhibit F: Final Report Form, Exhibit G: Photographer Release Form, and Exhibit A: Contractual Services Certification 168 DEP Agreement No. 22SRP09 Rev. 10/18/22 8. The IN WITNESS WHEREOF, this Agreement shall be effective 0n the date iadlented by the Agreement`Begin Date above or the last date. signed below, whichever is later. St. Johns River Water :Management District E By 1/18/23 169 DEP Agreement No. 22SRP09 Rev. 10/18122 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 12 Rev. 10/3/2022 171 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department with reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of12 Rev. 10/3/2022 172 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shalf not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreemenk The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. £ Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.Lnyfloridacfo.com/Division/AA/Vendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government. the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment 1 3of12 Rev. 10/3/2022 173 a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase &Luipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4of12 Rev. 10/3/2022 174 Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. Attachment 1 5of12 Rev. 10/3/2022 175 b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6of12 Rev. 10/3/2022 176 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F. S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment 1 7of12 Rev. 10/3/2022 177 d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entijy Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8of12 Rev. 10/3/2022 178 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA). Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the tern of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 27. Record Keeping. Attachment 1 9of12 Rev. 10/3/2022 179 The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: hM://dos.myflorida.com/libraa-archives/records-management/general-records-schedules-. 28. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps. fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of Attachment 1 10 of 12 Rev. 10/3/2022 180 money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 30. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. £ The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 32. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 33. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 34. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 35. Severability. Attachment 1 11 of 12 Rev. 10/3/2022 181 If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 36. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 37. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 38. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 10/3/2022 182 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.22SRP09 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is South Oslo Riverfront Conservation Area Floodplain Restoration. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ® Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements The Agreement requires at least a 50% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $100,000.00 through cash or third party in-kind towards the project funded under this Agreement. The Grantee may claim allowable project expenditures made on July 1, 2021 or after for purposes of meeting its match requirement as identified above. Attachment 2 1 of 3 Rev. 10/3/2022 183 Each payment request submitted shall document all matching funds and/or match efforts (i.e., in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 5% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people of commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section Attachment 2 2of3 Rev. 10/3/2022 184 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808 15. Additional Terms. Documentary Evidence Requirement for Subcontractor(s). If any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). Sea Level Impact Projection Study Requirement. If the project is within the designated area, pursuant to Section 161.551, F.S. and Chapter 62S-7, Florida Administrative Code, the Grantee is responsible for performing a Sea Level Impact Projection (SLIP) study and submitting the resulting report to the Department. The SLIP study report must be received by the Department, approved by the Department, and be published on the Department's website for at least thirty (30) days before construction can commence. This rule went into effect July 1, 2021, and applies to certain state -funded construction projects located in the coastal building zone as defined in the rule. Attachment 2 3 of 3 Rev. 10/3/2022 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.22SRP09 ATTACHMENT 3 PROJECT TITLE: South Oslo Riverfront Conservation Area Floodplain Restoration PROJECT LOCATION: The Project is located within Indian River County, Florida; Lat/Long (27.58298, -80.36500). PROJECT DESCRIPTION: The St. Johns River Water Management District (Grantee) will conduct the South Oslo Riverfront Conservation Area Floodplain Restoration Project (Project) to remove an existing 1,100' perimeter dike to improve exchange between impounded mangroves and the Indian River Lagoon (IRL). The Project will restore the area to a more natural hydroperiod in the impoundment that will benefit wildlife that use the mangroves, coastal hammock, and surrounding fisheries habitat. The Project includes design, permitting, and construction. TASKS AND DELIVERABLES: Task 1: Design and Permittin Description: The Grantee will acquire professional services for the engineering and design of the removal of an existing 1,100' perimeter dike and the restoration of the land similar to adjacent habitat and shoreline vegetation. The Grantee will obtain all necessary permits for construction of the Project. Design and permitting activities may include coastal or civil engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, environmental analyses, orthophotography, plan formulations and other necessary studies for obtaining environmental permits, and other Project -related authorizations. Deliverables: The Grantee's will submit all final design documents as signed by a Florida -registered Professional Engineer. The Grantee will also submit final permit documents from all appropriate state and federal regulatory agencies. Task 2: Construction Description: The Grantee will remove an existing 1,100' perimeter dike and restore the land similar to the adjacent habitat and shoreline vegetation. The Grantee will complete all Construction activities in accordance with the construction contract documents. Project costs associated with the Construction task include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible activities may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, and mitigation projects. Construction shall be conducted in accordance with all state or federal permits. Deliverables: The Grantee will submit: 1) a copy of the final design and record (as -built) drawings; 2) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; 3) a signed Engineer's Certification of Payment Request; and 4) when construction is complete, a Certificate of Occupancy (if applicable) and a Certificate of Completion signed by a Florida -registered Professional Engineer. DEP Agreement No.: 22SRP09 Page 1 of 2 Rev. 2.11.22 186 PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Grantee must also submit Exhibit A, Progress Report Form, to the Department's Grant Manager, with every deliverable and payment request. For interim payment requests, Exhibit A may serve as the deliverable for a task. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s). Upon review and written acceptance by the Department's Grant Manager of deliverables under the task, the Grantee may proceed with payment request submittal. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's completion of a task, the Grantee may submit a payment request for cost reimbursement using both Exhibit A, Progress Report Form, and Exhibit C, Payment Request Summary Form. Interim payment requests cannot be made more frequently than monthly and must be made using Exhibit A, detailing all work progress made during that payment request period, and Exhibit C. Upon the Department's receipt of Exhibit A and C, along with all supporting fiscal documentation and deliverables, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost -reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager, with the details of the request and the reason for the request made clear. Task Budget DEP Match Total Task Start Task Due No. Task Title Category Amount Amount Amount Date Date 1 Design and Contractual $30,000 $30,000 $60,000 7/1/2022 3/31/2025 Permitting Services 2 Construction Contractual $70,000 $70,000 $140,000 7/1/2022 3/31/2025 Services Total: $100,000 $100,000 1 $200,000 DEP Agreement No.: 22SRP09 Page 2 of 2 Rev. 2.11.22 187 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 11 9.07(l), F. S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F. S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F. S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F. S. d. 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 Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department 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 Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. servicesna,floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 188 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", "FDEP" or "Grantor" or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 C.F.R. Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 C.F.R. § 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 C.F.R. § 200.330 A recipient that expends $750,000 or more in federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 C.F.R. Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 C.F.R. § § 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 C.F.R. Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 C.F.R. §§ 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 C.F.R Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 C.F.R. Part 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.eov Attachment 5 1 of 6 BGS -DEP 55-215 revised 12/1"9 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:Hgpps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hLtp://www.leiz.state.fl.us/Welcomelindex.cftnl State of Florida's website at hW://www.myflorida.com/, Department of Financial Services' Website at hgp://www.fldfs.com/and the Auditor General's Website at htti)://www.myflorida.com/audg . PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.9 7(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 C.F.R. § 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 C.F.R. §§ 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 C.F.R. § 200.501(a) (the number of copies required by 2 C.F.R. § 200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 6 BGS -DEP 55-215 revised 12/1*90 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hq://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditndep. state. flus B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.govn provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP S ingleAudit(a�dep. state. fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 C.F.R. § 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS -DEP 55-215 revised 12/1*9* Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 C.F.R. Part 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS -DEP 55-215 revised 12/1/9' th Oi 0 0 H U o a o Cd w y �; o a o O aU 0 a y N ¢ ~ ¢ a p a 0 �r y � 0 4ES y w O 0 0 q �2 o E y 0 y ti 0 H ti w CL w 0 .� 0 y w ,o F w w F h h � � A A o H U U W •o U 4. o o h U � y U h h d bO+ UZ Uz a a a c a c U � b U U a bc U p y o d � o � cnw "4 vow w dw h beod bao 0 H L .o ec d .o e`n 07 v W a W Gr Q w th Oi H U w y O 0 y N yy ~ a a a p y 41 y w O 0 0 q o E y y ti H ti CL 0 .� 0 y w ,o w w h h � VJ h W 4. o o h U � y U h h c a c U U U a U p y o •r o W-4 cnw "4 vow beod bao th Oi 0 0 0 a� O �-c;; 0 0 v� � o o d. tc a0 � o QU �U d d� L � a a � � d k o O N Q 0 Q 009 0 w 40. w 6R a a O pG biA u 7n a a H O N 0 GTr Q A � O U 0 0 U O w 0 cn 0 w co U i Q O ~' r U 0 � 0 b d e .O Q d w n 00 w� 8 Z o M A A U U ro a a N b ',r N a rA cd w CA a� bc � Q Q a a V IV O 0 O O .y Q 1 0 w +U+ w Q o a be r. 3 A 3 y 6i CIO a abed boo Awa ww rA C 0 0 0 a� O �-c;; • O 0 v� � o o d. tc a0 � o U U d d� w a � k o O N Q 0 Q 009 6R v as .G a 7n a y O r0A y 83 N O U 0 0 U O cn 0 w co U c= ~' r 0 � 0 0 h .O d w n 00 w� 8 Z o M U z U Qi N +' ',r N rA cd w CA a y � w w a a q ., O 0 O O .y Q U bc +U+ U o a be r. 3 A 3 0 H d U a O C un a Cd a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM -SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6 Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant -funded activity that may fall under applicable federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable permit for any grant -funded activity. Upon request, the Grantee must provide a copy of all acquired and approved permits for the project. 2. Ineli ibg ility. If the Grantee fails to perform in accordance with the terms and conditions set forth in this Agreement; Attachment 3 (Grant Work Plan), and all other applicable attachments and exhibits, the Grantee shall be ineligible to be considered for funding under the Resilient Florida Program for two (2) consecutive funding cycles. The Department shall make its determination of ineligibility within thirty (30) days of this Agreement's end date and notify the Grantee in writing if determined ineligible. If the failure to perform in accordance with the terms and conditions set forth in this Agreement is due to the Grantee's contractor or subcontractor(s), then the Grantee should submit that documentation in writing to the Department's Grant Manager. 3. Additional Documentation for Contractual Costs. In addition to the documentation requirements in paragraph 11 of Attachment 2 (Subcontracting), and in paragraph 9.c. of Attachment 1 (Contractual Costs (Subcontractors)), Grantee shall provide the following for all subcontractual agreements that the Grantee executes for this project: a. A valid link or documentation that outlines their entity's procurement processes as required in Attachment 1, paragraph 9.c; and b. A certification statement signed by the Grantee's designated grant manager indicating the procurement process that was utilized per their entities' policies and procedures for all subcontractors. The certification must include a listing of all subcontractor quotes/bids amounts, along with the company name, address, and the details of how and why they made their determinations for those subcontractors that were selected and utilized for this Agreement. 4. Attachment 3, Grant Work Plan, Performance Measures. All deliverables and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act, also known as "508 Compliant," in all formats provided. 5. Copyright, Patent and Trademark. The Department reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes: a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 6. Grant funds may not be used to support ongoing efforts to comply with legal requirements, including permit conditions, mitigation, and settlement agreements. 7. Funding Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings (unless otherwise required under the special terms of this Agreement), Grantee agrees to include the Department's logo (which Rev. 2.11.22 Attachment 6 Page 1 of 2 195 can be found on the Department's website at: https://floridadep.gov or by contacting the Grant Manager for a copy) on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and similar materials, as well as the following language: "This work was funded in part through a grant agreement from the Florida Department of Environmental Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies." The next printed line must identify the month and year of the publication. 8. Final Project Report. The Grantee shall submit Exhibit F, Final Project Report Form, prior to requesting final payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where the next quarterly report falls after the project's completion date. Rev. 2.11.22 Attachment 6 Page 2 of 2 196 DEPARTMENT OF ENVIRONMENTAL PROTECTION Resilient Florida Program Progress Report Form Exhibit A DEP Agreement No.: 22SRP09 Project Title: South Oslo Riverfront Conservation Area Floodplain Restoration Grantee Name: St. Johns River Water Management District Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: MM/DD/YYYY — MM/DD/YYYY INSTRUCTIONS: Provide the following information for all tasks and deliverables identified in Attachment 3, Grant Work Plan: Description of the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, proposed work for the next reporting period, and percentage of the work that has been completed to date. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 2: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 3: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 4: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: This report is submitted in accordance with the reporting requirements of the above DEP Agreement No. and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager (or successor) Exhibit A, DEP Agreement #: 22SRP09 1 of 1 Date 11/17/2021 197 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT C PAYMENT REQUEST SUMMARY FORM The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit C that occur during the grant agreement period. hUs://floridadep.gov/Resilient-Florida-Program/Grants Exhibit C, Page 1 of 1 Rev. 12/02/19 198 EXHIBIT F DEP AGREEMENT NO.22SRP09 SOUTH OSLO RIVERFRONT CONSERVATION AREA FLOODPLAIN RESTORATION St. Johns River Water Management District Final Project Report —9PAe_ ;LS1VTA1. P Insert Month & Year This report is funded in part through a grant agreement from the Florida Department of Environmental Protection. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Exhibit F, DEP Agreement # 22SRP09 Page 1 5/12/2022 199 Part I. Executive Summary Part H. Methodology Part III. Outcome Include evaluation of project's ability to meet goals and expected performance measures and provide explanation for why goals were not met, if applicable. Identify successful outcomes, areas for improvement, and quantifiable metrics as a result of the project. Part IV. Further Recommendations Instructions for completing Attachment F Final Project Report Form: DEP AGREEMENT NO.: This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the title shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 18 of this agreement. Exhibit F, DEP Agreement # 22SRP09 Page 2 5/12/2022 200 VP V SPARri,t Florida Department of Environmental Protection a tit ° EXHIBIT G z Z PHOTOGRAPHER RELEASE FORM ryMFNTAL V FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO: 22SRP09 RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: Phone Number: A_ License and Indemnification State: Zip: Email: I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and am eighteen (18) years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty -free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the "Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to: 1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third -party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner signature: Photo/video/audio/artwork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G, DEP Agreement #: 22SRP09 11/19/2021 Page 1 of 1 Date: 201 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 22SRP09 Project Title: South Oslo Riverfront Conservation Area Floodplain Restoration Grantee: St. Johns River Water Management District Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida Grant Program grant agreement: 1. Documentation of the Grantee's procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; and 4. This Exhibit H, signed and dated by the Grantee's own (non -Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non - Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date 202 3/14/2023 ■ On May 12, 2021, Governor Ron DeSantis signed Senate Bill 1954 into law. This comprehensive legislation ensures a coordinated approach to Florida's coastal and inland resiliency. '■ 'he resiiiency program en��-ancesefforts to protect inland waterways, coastlines and shores, which serve as invaluable natural defenses against sea level rise A ■ The legislation will yield the largest investment in Florida's history to prepare communities for the impacts of climate change, including sea level rise, intensified storms and flooding. vgw ■Nearly $20M was allocated for projects FY 2021-2022 -Ecological RESILIENCE refers to the ability of a natural system to rebound after a disturbance. ■ vents such as sea level rise, hurricanes, droughts, flooding and storm surges can have both short-term and long- terrn affects to natural areas, 111 The goal of the FDEP funded resiliency efforts is to develop projects that result in increased protection against the adverse effects from extreme events, and undesirable trends such as increased water levels South Oslo Riverfront Conservation Area (SORCA) ■ The South Oslo Riverfront 3/14/2023 01- 3/14/2023 SORCA BACKGROUND — What is an Impoundment? ® Since the mid -20th Century, more than 40,000 acres of highly productive herbaceous salt marsh within the IRL have been lost due to the construction of mosquito impoundments ■ These saltmarsh areas pro11 vided habitat` or numerous wildlife and plant species unique to the IRL, and served to filter pollutants and protect s shorelines from erosion_ AW, ■ When the Indian River County Mosquito Control District implemented the Rotational Impoundment Management (RIM) operations, water levels were controlled , 3/14/2023 SORCA BACKGROUND — What is an Impoundment? To reduce the amount of time that mud flats (where saltmarsh mosquitos breed) would be available, the high marshes were bermed along the perimeter to flood the interior = ■ This works very well 'to control mosquitos, however, the hydrologic isolation of these impoundments greatly affects the potential habitat and water quality benefits that are provided by non -impounded Rini saltmarshes .. r .tiIN ;a d -x. ■ These RIM impoundments become dominated by mangrove species, as these are the only vegetative species that can tolerate long-term saltwater impoundment pDa � 4 3/14/2023 SORCA BACKGROUND — Relevant Indian River Lagoon (IRL) Issues ■ Since the early 2000's Indian River County has been working on develo ment 0 .improve water quality and habitat with.' ■ h marsh habitat, an additional notable k 4 a ition everal of the plant co rnunittes abu �t Co i 1� LRL have been negatively affected as d ri At storms and king g y �`, tides, and the duratici (this inundation' ■ These shiftinods have resulted in fringing coastal upland g hammock corn u s transitioning into wetlands, with a complete loss of trtat oaks and other hardwoods 3/14,/2023 SORCA COORDINATION — SJRWMD In January 2021, staff was contacted by the SJRWMD Estuaries Section to solicit potential projects to meet these resiliency goals for the stretch of the IRL in Indian River County, specifically on conservation lands Countystaffidentified that the SORCA impoundment was no longer part of the RIM process, and that removal of the perimeter dike would restore a natural connection to the IRL Oil a This re -connection would allow for the open exchange of waters, which benefits wildlife habitat, specifically fisheries ■ The re -connection also increase the resiliency of the system by reducing the potential for long-term flooding 6 �v� 3/14/2023 SORCA IMPOUNDMENT RESTORATION ■ SJRWMD has received a grant agreement from FDEP for the project. Current funding is $100,000 from FDEP and $50,000 _from SJRWMD1 The 2022-23 CIE includes $50,000 in funds for the design & permitting portion of the project :fqAMes ■ S#�►uld the Board authorize staff to work with SJRWMD on a cost -share funding agreement for the project, the draft agreement will be brought back to the Board for approval ■ Additional grant funding can be pursued towards the construction of the project should the Board authorize the work dD � 7 SORCA IMPOUNDMENT RESTORATION Draft Work Flow Chart FNP.. 000=10N►. ' A kmtldh of $M6 PrbjedFt : 3 overseeing'the Grantfrocess sift VIVID • ++. Coordimting with IRC f#/Project Schedule 6jsft (;d6rdination ; 6 C6ord1natin40e9ign 6t Engineering IRC Environmen�tai Pernd#Mg ....: Cdhsi+rtf► Biding • Grak Marragi m** Engineering g g. PROSCT ENGINEER mm#-: *des -t .: a 'PWMI%/pp4Gotion Prepsretf0n• . a: Engineering DUCKS UNLIMITED mm*e Prepwation of bid Documents • Consttuctfon'Management SORCA IMPOUNDMENT RESTORATION ■ SJRWMD has received a grant agreement from FDEP for the project. Current funding is $100,000 from FDEP and $50,000 _from SJRWMD1 The 2022-23 CIE includes $50,000 in funds for the design & permitting portion of the project :fqAMes ■ S#�►uld the Board authorize staff to work with SJRWMD on a cost -share funding agreement for the project, the draft agreement will be brought back to the Board for approval ■ Additional grant funding can be pursued towards the construction of the project should the Board authorize the work dD � 7 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation DEPARTMENTAL BCC Meeting March 7, 2023 Date: February 24, 2023 To: The Honorable Board of County Commissioners Through: Michael C. Zito, Interim County Administrator Dylan Reingold, County Attorney Beth Powell, Director Parks and Recreation/Acting General Services Director From: Wendy Swindell, Conservation Lands Manager Subject: Indian River County Environmental Bond - Review Committee Selection Process BACKGROUND: On March 8, 2022, the County Administrator provided the Indian River County Board of County Commissioners (`BOCC") with a proposed resolution authorizing an Environmental Land Bond Referendum for the November 8, 2022 ballot. Resolution 2022-016 was passed by majority vote. The Resolution called for a Bond Referendum Election for the issuance of general obligation bonds as follows: To acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, and construct public access improvements related thereto, shall Indian River County be authorized to issue general obligation bonds up to $50,000,000, maturing within 20 years from each issuance, not exceeding the legal maximum interest rate, payable from ad valorem taxes, with full public disclosure of all spending through annual independent audits. On September 20, 2022 staff presented a summary of the Updated Draft Environmental Lands Program Guide to the Indian River County Board of County Commissioners ("BOCC") in order to receive comments and direction for proceeding with the process. Comments made by the BOCC resulted in staff clarifying: (1) in Chapter II the reference to members of the review committee possessing specific "credentials" was amended to state "background and experience," and (2) in Chapter III the reference to "installment sale" with respect to methods of acquiring land was clarified to state that this method is not to be used for the acquisition of environmental lands. A final draft of the Guide with the BOCC changes was posted on the County's website. The Referendum was passed by voters in Indian River County as part of the November 8th 2022 election process. C:\Granicus\Legistar5\L5\Temp\69d16105-bd14- 42b-8564-81eae810efe.doc 203 DESCRIPTION AND CONDITIONS: As the Environmental Bond Program process is initiated, the BOCC will determine the composition of the group responsible for reviewing and ranking the nominated parcels. As presented in the Draft Environmental Lands Program Guide, the duties and responsibilities of the reviewing group will include the following: • Comply with the mandate of the electorate vote in accordance with Indian River County policies enumerated herein. • Make recommendations to the BOCC concerning modifications to the Indian River County ELP Guide to meet the needs of Indian River County. • Present to the BOCC, for their approval, a recommended program for the purchase of environmentally significant lands. • Investigate and consider alternative non -ad valorem -based funding sources for the purchase of environmentally significant lands. • Receive and review individual proposals nominated for purchase in accordance with the criteria established in this ELP Guide. • Create an annual summary for land acquisition in accordance with the criteria established in this ELP Guide from which due diligence investigations and purchase negotiations shall be commenced. The project summary shall carry over those sites still under consideration from the previous year's cycle. • Based upon a staff report, make recommendations to the BOCC concerning the acquisition of Environmentally Significant sites. The ELAP's recommendation shall specifically identify the land and interest therein to be acquired, and features of the land that meet (and don't meet) the selection criteria set forth in this ELP Guide. • Make use and management recommendations to the BOCC regarding environmentally significant lands to be protected. • The ELAP shall conduct an annual review and evaluation of the environmentally significant lands being considered for acquisition based on the results of purchase negotiations, funding opportunities with State and Federal preservation programs and the criteria established by this ELP Guide, reprioritize same, add new sites or delete sites, and provide a written report of results thereof to the BOCC. The 2022 Draft ELP Guide proposed formation of an Environmental Lands Acquisition Panel (ELAP), with the following composition: • One (1) appointee residing in each of the five districts by their respective County Commissioner • Four (4) members "at large" with professional credentials and affiliations. The Draft ELP Guide presents that the four "at large" members be selected from the following three categories: • Two (2) members with a broad background and professional experience in Natural Resources • One (1) member with extensive professional experience in Real Estate or Finance • One (1) member with extensive professional experience in Planning or Engineering C:\Granicus\Legistar5\L5\Temp\69416105-bd14-442b-8564-81eae81d3efe.doc 204 To further the objectives of Resolution 2022-016 and initiate the Environmental Lands Acquisition process, the BOCC will need to provide their designated district appointee to serve on the ELAP. In addition, the application process for the 4 "at large" positions should be initiated. RECOMMENDATION: Staff respectfully recommends that the Board provide a timeline for providing the five (5) designated district appointees to the ELAP to the County Attorney's office. Additionally, it is recommended that the Board initiate the application process for selection of the (4) "at large" positions on the ELAP. Staff will assemble the list of applications and present the list at a future BOCC meeting for consideration. Staff respectfully requests that the BOCC provide direction on the timeframe for approval of the ELAP members. APPROVED AGENDA ITEM FOR MARCH 7, 2023 C:\Granicus\Legistar5\L5\Temp\69d16105-bd14-442b-8564-81eae81d3efe.doc 205 DEPARTMENTAL STAFF REPORT INDIAN RIVER COUNTY MEMORANDUM TO: Michael Zito Interim County Administrator FROM: Suzanne Boyll 44 - Human Resources Director DATE: February 28, 2023 SUBJECT: Place Holder for County Administrator Selection fTT41T Ci T*11P" On March 3, 2023, the Indian River County Board of County Commissioners (BOCC) interviewed the following individuals for the position of County Administrator: 1. Doc Dougherty 2. Phil Matson (internal) 3. Don Rosenthal 4. John Titkanich 5. Jeff Wilkins If the Board has not already made a selection and authorized staff to extend a condition offer of employment to include negotiation of an employment contract to be approved by the BOCC at a future meeting, staff is respectfully requesting the Board to do so at the March 7, 2023 meeting. There is no additional funding required for this item. RECOMMENDATION: Staff respectfully requests the BOCC vote to select the next County Administrator and authorize staff to extend a conditional offer of employment to include negotiation of an employment contract to be approved by the BOCC at a future meeting. ATTACHMENT: Straw Preference Poll for County Administrator 206 Indian River County Straw Preference Poll RE: County Administrator Candidates March 7, 2023 Please place a check mark next to your top 2 choices to become your next County Administrator. Submitted by (please place a mark next to your name): ❑ Adams ❑ Earman ❑ Flescher ❑ Loar ❑ Moss 207 Candidate 1 Doc Dougherty 2 Phil Matson 3 Don Rosenthal 4 John Titkanich 5 Jeff Wilkins Submitted by (please place a mark next to your name): ❑ Adams ❑ Earman ❑ Flescher ❑ Loar ❑ Moss 207 i� Rs h O O ..a s, v v_ w c c d 0 V � - V Indian River County Straw Preference Poll RE: County Administrator Candidates March 7, 2023 Please place a check mark next to your top choice to become your next County Administrator. Submitted by (please place a mark next to your name): ❑ Adams ❑ Earman ❑ Flescher ❑ Loar ❑ Moss pan -a a P-1 DEPARTMENTAL Indian River County Interoffice Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: March 1, 2023 From: Kristin Daniels Director, Office of Management & Budget Subject: Children's Services Funding Allocation for Fiscal Year 2023/24 Description and Conditions Each year, the Board of County Commissioners approves a funding allocation for Children's Services. This amount is then allocated to the applicants based upon recommendations of the Children's Services Advisory Committee (CSAC). The County has historically changed the funding allocation based upon the previous fiscal year's taxroll change with exceptions during the economic downturn. On May 17, 2022 the Board approved changes to the Children's Services Advisory Committee Ordinance which increased the maximum millage cap to 0.2500 mills, up from the previous cap of 0.1250 mills, which doubled the maximum amount of funding allocated towards the program. The ordinance did not contain any specific recommendation as to whether the additional millage would be phased -in over a period of time, or implemented fully in the first year. At the Budget Workshop on July 13, 2022, Commissioner O'Bryan recommended phasing into the 0.2500 millage cap over a three-year period, however no formal vote on the matter was taken. This recommended phased -in approach was the same methodology the Board approved back on March 14, 2017 when phasing into the 0.1250 millage cap that was ultimately reached three years later. The tables below illustrate the funding and millage impact of implementing the new millage cap over a one, two, or three-year period, assuming 3% taxroll growth. Max 0.2500 Mills in Year 1 Fiscal Year Prior Year's Taxable Value Millage Rate Gross Revenue Net Revenue @ 95% Incremental Revenue FY 2022/2023 $20,577,735,527 0.1250 $2,572,217 $2,443,606 $20,577,735,527 FY 2023/2024 $23,354,805,784 0.2500 $5,838,701 $5,546,766 $3,103,160 1: 2 - Year Phase -In to 0.2500 Mills Fiscal Year Prior Year's Taxable Value Millage Rate Gross Revenue Net Revenue @ 95% Incremental Revenue FY 2022/2023 $20,577,735,527 0.1250 $2,572,217 $2,443,606 FY 2023/2024 $23,354,805,784 0.1875 $4,379,026 $4,160,075 $1,716,469 FY 2024/2025 $24,055,449,958 0.2500 $6,013,862 $5,713,169 $1,553,095 1: Board of County Commissioners Page 2 of 2 March 1, 2023 If the Board wants to consider funding Children's Services at the millage cap, staff would recommend that this be phased in over a targeted three-year period. In the event that the County faces an economic downturn over the next two years, the Board has the ability to pause this targeted phase-in and implement the final millage increases at a later date. This approach lessens the financial pressure on the General Fund, and in turn Indian River County taxpayers. Phasing in the additional funding over a targeted three-year period also gives the Children's Services agencies time to plan for the implementation of expanded or additional services. Recommendation Staff recommends that the Board of County Commissioners approve funding for Children's Services agencies in the amount of $3,705,240 for FY 2023/2024, which is an increase of 51.6% or $1,261,634 from the current year's funding level. Attachment Children's Services Funding History 209 3 - Year Phase-in to 0.2500 Mills Fiscal Year Prior Year's Taxable Value Millage Rate Gross Revenue Net Revenue @ 95% Incremental Revenue FY 2022/2023 $20,577,735,527 0.1250 $2,572,217 $2,443,606 FY 2023/2024 $23,354,805,784 0.1670 $3,900,253 $3,705,240 $1,261,634 FY 2024/2025 $24,055,449,958 0.2090 $5,027,589 $4,776,210 $1,070,970 FY 2025/2026 $24,777,113,456 0.2500 $6,194,278 $5,884,564 $1,108,355 If the Board wants to consider funding Children's Services at the millage cap, staff would recommend that this be phased in over a targeted three-year period. In the event that the County faces an economic downturn over the next two years, the Board has the ability to pause this targeted phase-in and implement the final millage increases at a later date. This approach lessens the financial pressure on the General Fund, and in turn Indian River County taxpayers. Phasing in the additional funding over a targeted three-year period also gives the Children's Services agencies time to plan for the implementation of expanded or additional services. Recommendation Staff recommends that the Board of County Commissioners approve funding for Children's Services agencies in the amount of $3,705,240 for FY 2023/2024, which is an increase of 51.6% or $1,261,634 from the current year's funding level. Attachment Children's Services Funding History 209 n/a 1.1% 3.9% 1.1% 3.0% D.0% 7.5% 5.6% 4.1% 3.0% B.9% 9.8% 3.0% D.0% 5.0% 5.0% 0.0% 0.0% 6.6% 3.5% 2.9% 3.5% 4.0% 6.9% 5.3% 5.2% 023-24 210 Children's Services Funding Allocation .. FY 2023/2024 Children's Services Funding History ► FY 2022/23 funding allocation of $2,443,606 ► Funded at full 0.1250 mill per Children's Services Advisory Committee Ordinance 3/14/2023 Revised Ordinance FY 23/24 ► Funding level needs to be determined ► March 4, 2017 the Board voted to phase into the millage cap over a three-year period ► Commissioner O' Bryan recommended three-year phase in at FY ... 2022/23 Budget Workshop ► Staff recommends continuing this approach ► Lessens the burden on the General fund ► Allows agencies time to implement new programs Z Fiscal Year Prior Year Taxable Value Millage Rate GrossRevenueNet Generated Revenue 95% Incremental Revenue FY2022/2023 $20,577,735,527 0.1250 $2,572,217 $2,443,606 FY2023/2024 $23,354,805,784 0.1670 $3,900,253 $3,705,240 $1,261,634 FY2024/2025 $24,055,449,958 0.2090 $5,027,589 $4,776,210 $1,070,970 FY2025/2026 $24,777,113,456 0.2500 $6,194,278 $5,884,564 $1,108,355 No. FY 2023/24 increase of $1,261,634 or 51.6% ► 13.5% increase in taxroll compounded by 33.6% increase in millage rate ► Phase-in can be paused in the event of an economic downturn 'assumes 37. increase in taxroll 3/14/2023 t,r 2 3/14/2023 Pr000sed Fundina Levels 1 & 2 -Year Phase-in Gross Revenue Net Revenue @ Incremental Fiscal Year Taxable Value Millage Rate Generated 95% Revenue FY2022/2023 $20,577,735,527 0.1250 $2,572,217 $2,443,606 FY2023/2024 $23,354,805,784 0.2500 $5,838,701 $5,546,766 $3,103,16 Fiscal Year Taxable Value Millage Rate Gross Revenue Generated Net Revenue @ 95% Incremental Revenue FY2022/2023 $20,577,735,527 0.1250 $2,572,217 $2,443,606 FY2023/2024 $23,354,805,784 0.1875 $4,379,026 $4,160,075 $1,716,469 FY2024/2025 $24,055,449,958 0.2500 $6,013,862 $5,713,169 $1,553,095 ev,j /a — 3 Proposed Funding Levels — 4 & 5 -Year Phase -In Fiscal Year Prior Year Taxable Value Millage Rate Gross Revenue Generated Net Revenue @ 95% Incremental Revenue FY2022/2023 $20,577,735,527 0.1250 $2,572,217 $2,443,606 FY2023/2024 $23,354,805,784 0.1563 $3,649,188 $3,466,729 $1,023,123 FY2024/2025 $24,055,449,958 0.1875 $4,510,397 $4,284,877 $818,148 FY2025/2026 $24,777,113,456 0.21881 $5,419,9941 $5,148,994 $864,117 FY2026/2027 1 $25,520,426,860 0.25001 $6,380,1071 $6,061,101 $912,107 Fiscal Year Prior Year Taxable Value Millage Rate Gross Revenue Generated Net Revenue @ 950/6 Incremental Revenue FY2022/2023 $20,577,735,527 0.1250 $2,572,217 $2,443,606 FY2023/2024 $23,354,805,784 0.1500 $3,503,221 $3,328,060 $884,454 FY2024/2025 $24,055,449,958 0.1750 $4,209,704 $3,999,219 $671,159 FY2025/2026 $24,777,113,456 0.2000 $4,955,423 $4,707,652 $708,433 FY2026/2027 $25,520,426,860 0.22501 $5,742,0961 $5,454,991 $747,340 FY2027/2028 1 $26,286,039,666 0.25001 $6,571,5101 $6,242,934 $787,943 3/14/2023 a2119 - 4 2h Office Of Attorney's Matters 3/7/2023 INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners FROM: Susan Prado, Assistant County Attorney DATE: February 28, 2023 ATTORNEY SUBJECT: Authorization to proceed with foreclosures on Code enforcement cases 2022030038 (Denyes) Pursuant to Florida Statute Section 162.09, the Code Enforcement Board must give the recommendation to start the foreclosure process. This recommendation was given at the last Code Enforcement Board hearing on February 27, 2023. Staff is now seeking this Board's final approval to move forward with filing foreclosure proceedings on the below listed properties and with working with outside counsel, Dill, Evans and Rhodeback. Case Number 2022030038 (Denyes), 855 104th CT, Vero Beach, Florida: This code enforcement action started in 2022 with a complaint regarding junk, trash, and debris, illegal storage of recreational vehicle. There was an evidentiary hearing on June 27, 2022 at which time the respondent (Brenden Denyes) was found in violation of the Indian River County Code of Ordinances (the "IRC Code"). The respondent was given a time frame to correct the violations that were found as well as two extensions. At a compliance hearing held on September 26, 2022, the Code Enforcement Board determined that the respondents did not bring the property into compliance and issued an order for a fine in the amount of $250.00 per day for junk, trash, and debris, illegal storage of recreational vehicle, use of a recreational vehicle as living quarters. The order is recorded at O.R. Book 3576 and Page 641. Funding: Staff estimates outside counsel, filing fees, and costs for the foreclosures detailed above could cost approximately $7,000. Funding for these expenses are available in the MSTU Fund /Env. Planning/Legal Services, Account# 00420724-033110. This funding will be offset by any revenues received through the foreclosure process. 211 Code Enforcement Foreclosures March 1, 2023 Page 12 Recommendation: Staff recommends the Board authorize staff to move forward with outside counsel in the filing of foreclosure on the above named code enforcement cases. Attachments: Order Imposing Fine and Deed for case number 2022030038 212 2/3/23,4:26 PM Landmark Web Official Records Search 3120220060933 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3.576 PG: 641,10/11/2022 3:53 PM CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: DENYES, BRENDAN 8686 105TH AVE VERO BEACH, FL 32967 , Respondent CEB Case No. 2022030038 ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on June 27, 2022 after due notice to the Respondent, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondent to take corrective action by a certain time, as more specifically set forth in that order. On September 26, 2022, this Board conducted a compliance hearing to determine whether the Board's order of June 27, 2022 as amended by Order(s) Granting Extension, had been complied with. Respondent was provided proper notice of the compliance hearing, but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist illegal storage of a recreational vehicle, use of recreational vehicle as living quarters, and junk, trash, and debris in the RS -3 Zoning District, which constitutes the use of the property in violation of Section(s) 973.03(2), 911.15(7), and 911.15(7)(B)6, of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of September 23, 2022, and a fine of $250.00 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 8555 104TH CT VERO BEACH Tax Parcel ID No. 31-38-28-00005-0060-00012.0 Legal Description: VERO LAKE ESTATES UNIT N BLK F LOT 12 PBI 6-19 beginning September 24, 2022. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. DONE AND ORDERED SEPTEMBER 26, 2022, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nunc pro tunc. 213 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCritedaName&quickSearchSelection=# 1/2 2/3/23,4:26 PM BK: 3576 PG: 642 Landmark Web Official Records Search EXECUTED by the Chairperson of the Indian River County Code Enforcement Board, and attested and countersigned by the Recording Secretary of such Board this 5}~ day of COcN (' , 2022. CODE ENFORCEMENT BOARD OF INDIAN RIVER COUNTY, FLORIDA ATTEST: 1&* Lisa Plesnarski Zar anceso, a on Recording Secretary Indian River County Code nforcement.$oard CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provided to the above- named Respondent(s) by first class U.S. Mail addressed to the above-specified addresses this " li`` day of Oc\'�pkC , 2022. (1(1 Lisa Plesnarski, Recording Secretary AS TO LEGAL FORM: Advising CSB Case No. 2022030038 Code Officer: DAPHNE DRISKELL STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS ISA TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. SECRETARY CODE ENFORCEMENT BOARD DATE: `D -�"aa• 214 https://ori.indian-river.org/searchlindex?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 2/2 31 201 9004671 4 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3228 PG: 2467,8/7/2019 4:26 PM D DOCTAX PD $35.00 Return to: Name: Professional Title of Indian River, Inc Address: 1546 N. US Highway 1 Sebastian, FL 32958 This instrument prepared by: Cindy Rich Professional Title of Indian River, Inc. 1546 N. US Highway 1 Sebastian, FL 32958 File No.: 2019-51296 WARRANTY DEED This Warranty Deed Made this 1 day of August , 2019 by Alfred Oberbeck hereinafter called the grantor, whose post office address is: 886 Wentworth Street, Sebastian, Florida 32958 to: Brendan Denyes whose post office address is: 8686 105th Ave Vero Beach, FL 32967 hereinafter called the grantee, WITNESSETH: That said grantor, for and inconsideration of the sum of Ten Dollars, and other variable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situated in Indian River County, Florida, viz: Lot 12, Block F, Vero Lake Estates Unit N, according to the map or plat thereof, as recorded in Plat Book 6, Page(s) 19, ofthe Public Records of Indian River County, Florida. This property is not the homestead of the Grantor (s). TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to 12/31/2018, reservations, restrictions and easements of record, if any. (The terms "grantor" and "grantee" herein shall be construed to include all genders and singular or plural as the context indicates) IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, Sealed and Delivered in Our Presence: 'AL Witness AIberbeck Lee Ann Lorito(-- *ie I rAL STATE OF: FLORIDA COUNTY OF: INDIAN RIVER The foregoing instrument was acknowledged before me this 1 day of August 2019 by Alfred Oberbeck Who is/are personally known to me or who has/have produced driver license(s) as identification. Notary Public My Commission expires: /3 090 1MW M IE=1.= W CMW t OPBondadR n RE: 2019-51296 Page of 5 March 7,2023 Foreclosure Cases 8555104th Court, Vero Beach, FL History • An evidentiary hearing was held on June z7, zozz, where the CEB held the Respondent in violation of the IRC Code for junk, trash, and debris, recreational vehicle storage violation, and recreational vehicle illegal use. • The Respondent was granted two extensions, one on July 25, zozz and another on August zz, zozz. • On September 26, zozz the CEB held a compliance hearing and found the Respondent was not in compliance with it order finding violation and issued an order imposing a fine of $250 per day. 8555104th Court, Vero Beach, FL January 2022 History Continued • The property has not be brought into compliance and has a current fine amount of $18,750. • The property is not a homestead property so the County has the ability to foreclose on the property. Staff Request Staff is requesting the Board of County Commissioners grant the County Attorney's Office in conjunction with outside counsel permission to move forward with foreclosure action on the code enforcement lien for case number 2022030038 pursuant to FL Statute 162.09(3). /qA March 7, 2023 ITEM 14.A. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 28, 2023 SUBJECT: Discussion on Development of Dredge Material Management Areas (DMMAs) FROM: Joseph H. Earman Commissioner, District 3 Background On February 27, 2023, the Beach & Shore Preservation Advisory Committee (BSPAC) unanimously passed a motion recommending the BCC "direct county staff to research development of Dredge Material Management Areas (DMMAs) and allow for overharvesting of borrow areas for storage of sand." Discussion I'd like to discuss the BSPAC's recommendation with the Board members. 216 Sector 7 (IRC -1926) Beach and Dune Restoration Project Easement Status aG2� Public Works Department Coastal Engineering Division March 7th, 2023 February 27, 2023 BSPAC Meeting Recommendations • Recommend the BCC "direct county staff to research development of Dredge Material Management Areas (DMMAs) and allow for overharvesting of borrow areas for storage of sand." Recommend the BCC "direct county staff to evaluate the impacts of moving the beach Sector 7 northern boundary southward, from R- 97 to R-99;' for the primary purpose of bypassing some beachfront easement holdouts and improving the prospects of gaining 90% approval of beach renourishment activities over the redefined Sector 7. 3/14/2023 a,�_ 1 3/14/2023 ' "Feeder Beach" impacts within SeCtot.7 � ' ' ' Shifting the starting point 2,000 feet south (18% reduction in project linear feet) removes much of the "Feeder Beach" and decreases the project sand byapproximately 43%(123'Z9lcyreduction) ' ' ' ' ' ' ' Some Sector 7 Property Owners have performed Emergency Dune Repair Activities authorized under the Governqtl� Emergency Final Order 3/141/2023 '4 Ip — 3 3/14/2023 Shifting the Sector 7 Project Starting point from R97 to R99 could have Financial Implications from Funding Sources • Project Worksheets (PWs) identify Sector 7 Project as R97 to R108 • PWs identify $5,449,863 for 198,000 cy of sand from Hurricanes Matthew, Irma and Dorian as being eligible for funding • PWs also identify 38,400 cy as background erosion — not eligible for FEMA Funding • Proposed R99 starting point would place 171,205 cy of sand within Sector 7, less than FEMA quantity and does NOT include background erosion • Implications to funding??? March 7, 2023 ITEM 14.A. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 28, 2023 SUBJECT: Discussion on Relocation of the Northern Beach Sector 7 Boundary from R-97 to R- 99 FROM: Joseph H. Earman Commissioner, District 3 Background On February 27, 2023, the Beach & Shore Preservation Advisory Committee (BSPAC) unanimously passed a motion recommending the BCC "direct county staff to evaluate the impacts of moving the beach Sector 7 northern boundary southward, from R-97 to R-99," for the primary purpose of bypassing some beachfront easement holdouts and improving the prospects of gaining 90% approval of beach renourishment activities over the redefined Sector 7. Discussion I'd like to discuss the BSPAC's recommendation with the Board members. 217 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: February 25, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Twentieth Amendment to Republic Services Descriptions and Conditions: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement (Agreement) with Republic Services of Florida, Limited Partnership (Republic Services). The agreement covers the operation and maintenance (O&M) of the county's Class 1 landfill as well as non -Class 1 landfill services, which includes O&M of the landfill gas system. On July 13, 2021, the Indian River County (IRC) SWDD Board approved the Wastewater Treatment Agreement (WWTA) between SWDD and Indian River Sustainability Center, LLC (IRSC). This agreement is for the design, construction, and operation of a 30,000 gallon per day evaporation plant to treat the landfill leachate. As part of the WWTA, SWDD is responsible for providing the transportation and disposal of the residual waste from the evaporation plant. The residual will be collected in two roll -off containers. Staff has finalized a Standard Operating Procedure (SOP) for residual removal and disposal with IRSC and has also finalized the attached amendment to Republic Services for them to provide these services. SWDD will be responsible for the disposal costs of the residual waste into the Class 1 landfill. Staff is recommending approval of the attached Twentieth Amendment to Republic Services to provide these additional services. SWDD Agenda - Twentieth Amendment to Republic Services Page 1 of 2 218 SWDD Item Analysis: Republic Services has provided a flat cost of $250 per pull for the transportation and disposal of the residual waste from the evaporation plant. Estimating a pull once per week, the total annual increase in cost to Republic Services is approximately $13,000. The actual cost would be based on the services required, and they would be billed monthly as part of their non -Class 1 landfill services. Based on an anticipated start date of April 2023, the estimated cost for this fiscal year is $6,500. The disposal costs would be billed monthly on actual tonnages per their 2023 rate of $14.62 per ton. Please note, per agreement with Republic Services, the above costs are subject to an annual escalation adjustment based on the change in the consumer price index. Funding: Funding for the SWDD non -Class 1 landfill services is budgeted and currently available in the SWDD/CC & Recycling/Contractual Services account, number 41125534-033489, which is funded from SWDD assessments and user fees. The approved total increase of $6,500 is within the allotted budget for Fiscal Year (FY) 2022/2023. Account Name Account Number Amount SWDD/CC & Recycling/Contractual Services 1 41125534-033489 $6,500 Recommendation: Solid Waste Disposal District staff recommends that its Board approve the Twentieth Amendment to Republic Services landfill contract for the transportation and disposal of the residual waste from the leachate evaporation plant; and authorize the Chairman to execute the agreement. Attachment: 1) Twentieth Amendment to Republic Services SWDD Agenda -Twentieth Amendment to Republic Services Page 2 of 2 219 TWENTIETH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE THIS TWENTIETH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLED WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Twentieth Amendment") is entered into as of the day of , 2023 by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is 1801 27th Street, Vero Beach, Florida (hereinafter referred to as the "District" or "SWDD"), and Republic Services of Florida, Limited Partnership, whose address is 3905 Oslo Road, Vero Beach, Florida 32968 (the "Contractor"). RECITALS WHEREAS, on January 1, 2011, SWDD and Contractor entered into that certain Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement, dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to Contract Agreement, dated July 8, 2014; the Fifth Amendment to Contract Agreement, dated November 4, 2014; the Sixth Amendment to Contract Agreement, dated January 20, 2015; the Seventh Amendment to Contract Agreement, dated May 17, 2016; the Eighth Amendment to Contract Agreement, dated December 15, 2016; the Ninth Amendment and Extension to Contract Agreement, dated February 21, 2017; the Tenth Amendment to Contract Agreement, dated September 12, 2017; the Eleventh Amendment to Contract Agreement, dated September 18, 2018; the Twelfth Amendment to Contract Agreement, dated September 10, 2019; the Thirteenth Amendment to Contract Agreement, dated March 3, 2020; the Fourteenth Amendment to Contract Agreement, dated July 14, 2020; the Fifteenth Amendment to Contract Agreement, dated February 16, 2021; the Sixteenth Amendment to Contract Agreement, dated February 1, 2022; the Seventeenth Amendment to Contract Agreement, dated April 5, 2022; the Eighteenth Amendment to Contract Agreement, dated October 18, 2022; and the Nineteenth Amendment to Contract Agreement, dated January 31, 2023 (the "Contract") for the Contractor to operate and maintain the SWDD landfill located at 1325 74h Avenue SW, Vero Beach, Florida (the "Landfill") and customer convenience centers ("CCCs"); and WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide additional services in connection with the Landfill and the CCCs not included above and as required by SWDD; and WHEREAS, Indian River Sustainability Center LLC ("IRSC") operates (through its contractor) an evaporation plant (the "Evaporation Plant") at the Landfill; and 14Q8938 Twentieth Amendment to Contract Page I of 6 220 WHEREAS, residual from leachate processing performed at the Evaporation Plant ("Residual") is collected in roll -off boxes ("Roll -Offs") at the Evaporation Plant by IRSC, and SWDD is responsible for removing the Roll -Offs containing such Residual from their designated location at the Evaporation Plant, transporting the Roll -Offs to the Landfill and disposing of such Residual at the Landfill, transporting the Roll -Offs to the SWDD's on-site Wash Bay Facility (the "WBF") for performance of washouts (as necessary) by IRSC's contractor, and transporting the Roll -Offs back to the Evaporation Plant and replacing the Roll -Offs at their designated location at the Evaporation Plant when such washouts have been completed (such obligations, collectively, the "Residual Obligations"); and WHEREAS, SWDD desires that the Contractor perform the Residual Obligations, and the Contractor desires to perform the Residual Obligations; and WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Scope of Work. The existing Article 1 — SCOPE OF WORK of the Contract is modified to include the following: A. RESIDUAL OBLIGATIONS. The Contractor shall perform the Residual Obligations as follows: a. The Contractor shall remove the Roll -Offs from their designated location at the Evaporation Plant, transport the Roll -Offs to the Landfill and dispose of Residual contained in the Roll -Offs at the Landfill, transport the Roll -Offs to the WBF (if necessary and as directed by IRSC or its contractor) for performance of washouts of the Roll -Offs by IRSC's contractor, and then transport the Roll -Offs back to the Evaporation Plant and replace the Roll -Offs at their designated location at the Evaporation Plant. b. The Contractor shall perform the Residual Obligations within a reasonable time after notification from IRSC or its contractor that such performance is necessary. c. The Contractor shall require its personnel to comply with the standard operating procedures attached hereto as Exhibit A (the "Residual Removal SOPs") when removing Roll -Offs and Residual from the Evaporation Plant. 3. Compensation. The existing Article 3 — COMPENSATION of the Contract is modified to include the following: a. Residual Obligation Rates. SWDD and the Contractor agree that beginning on the date of this Twentieth Amendment, and during the Renewal Term, compensation 14Q8938 Twentieth Amendment to Contract Page 2 of 6 221 to the Contractor for the Contractor's performance of the Residual Obligations shall be Two Hundred Fifty Dollars ($250.00) per haul ("Residual Obligation Rates"), subject to annual escalation as set forth in Section 3(b) below. b. Annual Escalation. The Residual Obligation Rates are subject to annual escalation as set forth in section 4 of the Ninth Amendment and Extension to Contract Agreement. For purposes of clarity, the first such annual escalation shall be effective on January 1, 2024. 4. Additional Terms. SWDD and the Contractor agree that the following provisions shall apply to the Residual Obligations: a. The Contractor shall, together with SWDD and IRSC, develop a process to ensure that Contractor personnel who perform the Residual Obligations have been properly trained and certified by IRSC ("Certified Operators"), and Contractor shall allow only Certified Operators to perform the Residual Obligations. b. Residual shall at all times remain the property of SWDD. SWDD represents and warrants that the Residual is suitable for disposal in the Landfill and complies with all applicable federal, state and local laws, ordinances, rules and regulations, including environmental laws (including, without limitation, the rules and regulations of the EPA and the State of Florida Department of Environmental Protection) (collectively, "Applicable Law"), and SWDD acknowledges and agrees that the Contractor will rely on such representations and warranties in the Contractor's performance of the Residual Obligations. If the Contractor in its reasonable judgment determines that it cannot perform any or all of the Residual Obligations in compliance with Applicable Law, the Contractor shall have no obligation to perform such. c. Notwithstanding anything to the contrary in the Contract or otherwise, except for the Contractor's obligation to comply with the Class 1 Landfill Operations and Training Plan and FDEP permits as set forth in the Contract, the Contractor shall have no responsibility or obligation to profile, analyze, test or sample the Residual, or to make any determination as to the character of the Residual or its suitability for disposal at the Landfill. d. Notwithstanding anything to the contrary in the Contract or otherwise, the Contractor may act on instructions of IRSC or IRSC's contractor with respect to requests for the performance of the Residual Obligations. e. Notwithstanding anything to the contrary in the Contract or otherwise, the Contractor shall have no obligation to indemnify or hold harmless Indian River County, SWDD or any other person or entity or any of their respective employees, contractors, agents or representatives with respect to any liabilities, claims, damages, losses, or expenses (including, without limitation, attorneys' fees) ("Claims") related to damage to the Roll -Offs (or the stands, structures or 14Q8938 Twentieth Amendment to Contract Page 222 equipment upon which the Roll -Offs are located or placed) caused by the removal of the Roll -Offs from, or the return of the Roll -Offs to, their designated location at the Evaporation Plant, or the loading of Residual onto or off-loading of Residual from the Roll -Offs, except to the extent that such damage is caused solely by the Contractor's (i) negligence or willful misconduct in its performance of the Residual Obligations; (ii) use of personnel who are not Certified Operators; or (iii) failure to materially comply with the Residual Removal SOPS; provided, however, and notwithstanding the foregoing, Contractor shall have no obligation to indemnify or hold harmless Indian River County, SWDD or any other person or entity or any of their respective employees, contractors, agents or representatives with respect to Claims for reasonable and ordinary wear and tear to the Roll -Offs (or the stands, structures or equipment upon which the Roll -Offs are located or placed). 5. Ratification. Except as specifically provided in this Twentieth Amendment, all other provisions of the Contract shall remain in full force and effect. [signature page follows] 14Q8938 Twentieth Amendment to Contract Page' 23 IN WITNESS WHEREOF, the parties have caused this Twentieth Amendment to be executed by their respective duly authorized officers as of the day and year first written above. Attest: (Owner) Jeffrey R. Smith, Clerk of Court and Solid Waste Disposal District Comptroller Indian River County, Florida By: Deputy Clerk Joseph H. Earman, Chairman Date Approved by SWDD: Approved By: Approved as to Form and Legal Sufficiency By: Michael C. Zito, Interim County Administrator Dylan Reingold, County Attorney Signed, sealed, and delivered in the presence Republic Services of Florida, Limited Partnership of: ("Contractor") By: Republic Services of Florida GP, Inc., its General Partner Print Name: Print Name: Print Title: Print Name: [remainder of page intentionally left blank] 14Q8938 Twentieth Amendment to Contract Page M Exhibit A Residual Removal SOPS See attached. 14Q8938 Twentieth Amendment to Contract Page 2M ... �..� .. .. ,.. •y. . www.heartIandtech.com Standard Operating Procedure - Residual Removal Date: 02/15/2023 Prepared by: Brian Crannell Approved By: SWDD, 03/07/2023 Site: 1093 IRC SOP Number: IRC -7004 Objective — Roll -Off Removal, Empty and Replace Estimated Time: 1 Hour. Two people are needed to complete task. Contractor will provide a roll -off truck and truck driver and a member of the operations team from either Indian River Sustainability Center ("IRSC") or Heartland IRSC's contractor, (collectively, "IRSC Personnel") will be present to observe whenever Contractor is completing this task. This SOP was developed by Heartland at IRSC's request. For the purposes of this SOP, IRSC and Heartland will be collectively referred to as "IRSC"). IRSC will also train and certify all personnel Contractor assigns to handle this procedure; only certified Contractor personnel will be permitted to complete Contractor's tasks as outlined herein. Hazards Identification: PPE Required: Tools Required (a): 1. Blind Spots 1. Site Standard PPE 1. Pressure 2. Rough Terrain a. Hi -Viz Safety Vest 2. Washer 3. Inclement Weather b. Hard Hat Scraper 4. Liquid Surge and sloshing C. Steel Toe Boots during Roll -Off transport. d. Safety glasses 5. Slippery Surfaces e. Ear plugs f. Face shield 2. Nitrile coated safety gloves. (a) - To be provided by IRSC Procedure: 1. Within 24-hour notice from IRSC that the Roll-Off's need to be emptied, Contractor and IRSC shall coordinate the timing for removal of residuals. 2. Contractor will meet IRSC employees at the Evaporation Plant on the designated day and time. 3. IRSC Employees will inform Contractor which Residual Roll-Off's will need to be picked up and transported to landfill for disposal. 4. IRSC will be responsible for removing level transmitters, hoses, and closing valves before picking up the Roll -Offs. Contractor may verify this task is complete and inform IRSC if they believe further work is needed. 5. Contractor's Truck Driver will safely back up to designated Roll -Offs stand for removal. Residual Removal Page 1 of 2 SOP IRC; t# ww heard4ndtech.com lv 6. Once truck is aligned with the Roll -Off box, the Contractor can begin the process of picking up the Roll -Off. 7. Contractor will be responsible for securing Roll -Offs for transport. 8. Contractor will transport Roll -Off to Landfill and dispose of residuals contained in the Roll- off. 9. Contractor's Truck Driver will return to Evaporation Plant and Contractor's Truck Driver will place the empty Roll -Off on its designated stand. 10. Performance by Contractor of Procedures 5-9 and 12 must at all times_ be observed by IRSC Personnel. 11. Contractor will complete a walk -around inspection prior to job completion and verbally notify IRSC of any issues, damage etc. to the boxes or stands followed up by a written notification within 24 -hours; IRSC will have the right to observe this process and inspect on its own. 12. At least once monthly or more frequently if requested by IRSC, after the Roll -Offs have been emptied at the landfill by Contractor but before they have been placed back on their stands at the Evaporation Plant, IRSC will inspect the Roll -Offs to determine if they need to be washed out as a preventative maintenance measure. If such washout is required, IRSC will inform Contractor and coordinate Contractor bringing the emptied Roll -Offs to the County's Wash Bay Facility where IRSC will clean them. If Roll -Offs need to be removed from the truck for cleaning, Contractor will be responsible for safely unloading the dirty Roll -Off for cleaning and reloading them back on the truck once IRSC completes the cleaning. [Procedure for this to be developed by the parties if necessary and added to this SOP]. Once the washout is completed, Contractor will be responsible for transporting the washed Roll -Offs back to the Evaporation Plant and replacing them at their designated location on the stands at the Evaporation Plant in accordance with this SOP. DISCLAIMER: This Standard Operating Procedure (SOP) was developed based on a compilation by IRSC of best available information, knowledge, field experience, and general IRSC practices to provide guidance to Contractor as it completes the work required to manage residual coming from the IRSC Evaporation Plant. In performing the activities defined herein, Contractor will work in a consistent and standardized manner. This document does not contain regulatory or statutory requirements unless specified. IRSC has made every attempt to present the information in a clear and concise manner for users with basic mechanical understanding. However, IRSC is not responsible for the misuse or misinterpretation of the information presented herein. Under no circumstances shall IRSC be liable for any actions taken or omissions made by non-IRSC users of this document Hazards have been identified but site conditions can change, and other hazards may occur. Residual Removal Page 2 of 2 SOP IRC ff? r,5a. SWDD Agenda Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: March 1, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Jill Brown, Recycling Specialist, SWDD Subject: Residential Paper Shredding Event on April 15, 2023 Descriptions and Conditions: The Solid Waste Disposal District (SWDD) and Waste Management, Inc., of Florida (WM) will be partnering with Southeast Secure Shredding (SSS) to host the Spring Residential Paper Shredding Event on Saturday, April 15, 2023. All residents of Indian River County are invited to bring up to three boxes/bags of paper (up to 35 lbs. each) to be shredded and recycled. There is no charge to the public, but participation is limited to one drop-off per vehicle per household. The event will be held from 8 am to 1 pm at SSS located at 3910 US Highway 1 in Vero Beach. Analysis: SSS is charging $7 per vehicle. However, there is no anticipated event cost to SWDD, as WM will be covering the cost per the attached Contract Memorandum of Understanding (MOU) to be signed by the interim County Administrator and Kasey C. Godwin, District Manager for WM. SWDD is responsible for the advertising for these types of events, and per the MOU, is responsible for any additional costs over the annual $16,000 allocation by WM. Our last event on November 19, 2022, resulted in 441 cars and a diversion of 10,200 pounds (5.1 tons) of paper. Funding: The funding in the amount of $7,800 for the Spring Residential Paper Shredding Event is available in the SWDD/Customer Convenience & Recycling/Advertising/Except Legal, account, number 41125534- 034810, which is funded from SWDD assessments and user fees. Account Name Account Number Amount SWDD/Customer Convenience & Recycling/Advertising/Except Legal 41125534-034810 $7,800 SWDD Agenda - Spring 2023 Residential Paper Shredding Event & MOU 228 - Page 1- L v SWDD Agenda Recommendation: Solid Waste Disposal District staff recommends that the Board approve the Spring Residential Paper Shredding Event to be held on April 15, 2023 , and authorize the interim County Administrator to sign the Contract Memorandum of Understanding with Waste Management, Inc., of Florida. Attachment: 1. Paper Shredding Event Flyer 2. Contract Memorandum of Understanding with Waste Management, Inc. of Florida SWDD Agenda - Spring 2023 Residential Paper Shredding Event & MOU 229 - Page 2 - Secure S For move informatioa aboW ixyding, call 772-226-3121 A � or i isil indianriAw.gov 12, wl,7 �'T id For move informatioa aboW ixyding, call 772-226-3121 A � or i isil indianriAw.gov BOARD OF COUNTY COMMISSIONERS February 21, 2023 Kasey Godwin, District Manager Waste Management of Florida 4310 771h Street Vero Beach, Florida, 32966 Re: Contract Memorandum of Understanding Supplemental to Franchise Agreementfor Public Events Dear Mr. Godwin: For the remainder of the term of the Franchise Agreement, the following requirements will replace the requirements currently set forth in the second paragraph of Article 9. Community Cleanups of the Franchise Agreement: Franchisee shall assist SWDD with bi-annual Paper Shredding Events within the Franchise Area. a) The Paper Shredding event(s) shall be held with a location and date to be determined from 8:00 a.m. to 12:00 p.m. to be coordinated with SWDD staff. Waste Management shall allocate a not to exceed cost of $16,000 per year for this effort. SWDD shall handle the advertising for the events and shall pay any additional cost beyond this allocation. Indian River County's in -field point of contact for this project is Ms. Sue Flak. Ms. Flak can be contacted at (772) 226-3206 and sflak@iresov.com. Sincerely, Michael C. Zito Interim County Administrator Waste Management, Inc. of Florida Agreed by Kasey C. Godwin, District Manager Date 231 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: February 23, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Final Pay to Kimley-Horn Work Order No. 43 — Annual Financial Reports Descriptions and Conditions: On October 5, 2021, the Solid Waste Disposal District (SWDD) Board approved Work Order No. 43 to Kimley-Horn for SWDD's annual financial reports on behalf of the Indian River County landfill. The authorization was executed with a not to exceed budget of $47,200. Analysis: Kimley-Horn has satisfactorily completed all the assignments described in the scope of work for a total invoiced amount of $47,200, including the final invoice of $3,750. Attached is Kimley-Horn's letter report describing in more details the services provided under each task. Funding: Funding in the amount of $3,750.00 for the annual financial reports is budgeted and available in the SWDD/Landfill/Engineering Services account, number 41121734-033130 which is funded from SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/Engineering Services 41121734-033130 $3,750.00 Recommendation: Solid Waste Disposal District staff recommends that its Board approve Kimley-Horn's final invoice amount of $3,750.00. Attachment: 1. KHA Project Completion Report and Final Invoice 232 SWDD Agenda - Final Pay Kimley-Horn WO No 43- Annual Financial Reports Page 1 of 1 Kimley»>Horrt February 14, 2023 Mr. Himanshu Mehta, PE Managing Director Indian River County Solid Waste Disposal District 1325 SW 741h Avenue Vero Beach, Florida 32968 RE: Work Order No. 43 — Financial Assurance and Full Cost Accounting Project Completion Report On November 5, 2021, the Indian River County authorized Kimley-Horn to complete the Fiscal Year 2020-2021 Full Cost Accounting and Financial Assurance Report. The effort included engaging a survey subconsultant to conduct the volumetric survey of both the Class 1 Landfill (Segments I, II and III) and the Construction and demolition(C&D) debris landfill. The Scope of Work was completed in October 2022. This Project Completion Report accompanies the final invoice for work completed (Invoice No. 22931897) dated October 31, 2022. Scope of Work The Scope of Work for Work Order No. 43 included the preparation of the full cost accounting evaluation for FY2020-2021, which is intended to identify the full cost of solid waste management (i.e. continued operations of the landfill and remote facilities) for customers served by the County. This task includes preparation of a public notice of the full cost and rates charged to customers. The Scope of Work also included preparation of a financial assurance evaluation, which is required by Chapter 701, Florida Administrative Code. This effort is intended to adjust the projected closure cost estimate and determine the required escrow deposit to maintain adequate funding for closure. Budget The approved budget for Work Order No. 43 was $47,200. The total amount invoiced, including the final invoice, was $47,200. The project was completed within the approved budget and corresponding schedule. Closure Kimley-Horn appreciates the opportunity to provide these ongoing services to the Solid Waste Disposal District. The project is complete, and Kimley-Horn is requesting payment of the final invoice and closure of the project and Purchase Order. If you have any questions, please contact me at (772) 794-4146 Sincerely, Ji I Grimaldi Associate Project No. 044572074 Kimley)))Horn Cc: Ron Jones, SWDD Barton Fye, Kimley-Horn Page 2 Project No. 044572074 Kimley*'Horn Invoice for ' rgfessional Services Please remit payment electronically to: If paying by check, please remit to: Account Name: KIMLEY-HORN AND ASSOCIATES, INC. KIMLEY-HORN AND ASSOCIATES, INC. Bank Name and Address: WELLS FARGO BANK, N.A., SAN FRANCISCO, CA 94163 P.O. BOX 932520 Account Number: 2073089159554 ATLANTA, GA 31193-2520 ABA#: 121000248 INDIAN RIVER COUNTY ATTN: HIMANSHU MEHTA 1801 27TH STREET VERO BEACH, FL 32960 Federal Tax Id: 56-0885615 For Services Rendered through Oct 31, 2022 - LUMPSUM Invoice No: 22931897 Invoice Date: Oct 31, 2022 Invoice Amount: $3,750.00 Project No: 044572074.1 Project Name: IRC FCA AND FA FY2022 Project Manager: FYE, BARTON Client Reference: 23,200.00 100.00% WORK ORDER 43 Description Contract Value % Complete Amount Earned to Date Previous Amount Billed Current Amount Due TASK 1 - FULL COST ACCOUNTING 5,000.00 100.00% 5,000.00 1,250.00 3,750.00 TASK 2 - FINANCIAL ASSURANCE 23,200.00 100.00% 23,200.00 23,200.00 0.00 SUB -CONSULTANTS - MM&T SURVEY 19,000.00 100.00% 19,000.00 19,000.00 0.00 Subtotal 47,200.00 100.00% 47,200.00 43,450.00 3,750.00 Total LUMP SUM 3,750.00 DESCRIPTION OF SERVICES PERFORMED: FINAL FCA AND FA REPORTS COMPLETED Total Invoice: $3,750.00 235 If you have any questions, please contact Jennifer Camker at 561-840-0283 orJennlfer.Camker@klmley-horn.com. svac 15e4 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: February 24, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Change Order to Crom Corporation Descriptions and Conditions: On June 22, 2021, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board waived the requirement for bids for the rehabilitation of the existing 0.5 -million -gallon above -ground storage tank (AGST) at the IRC Landfill in a not -to -exceed amount of $252,700 to Crom Corporation. The Purchasing Manager was authorized to issue a purchase order to Crom Corporation for this project. The purpose of this project is to utilize and repurpose the existing 0.5 -million -gallon above ground storage tank (AGST) for the leachate evaporation project. On February 15, 2022, the IRC SWDD Board waived the requirement for bids for the purchase and installation of a mixer for the existing AGST in a not -to -exceed amount of $210,966 to FJ Nugent. The Purchasing Manager was authorized to issue a purchase order to FJ Nugent for this project. Crom has submitted the attached change order to address the needed larger diameter wall penetrations, installation of the pipe support foundations and coatings related to the internal mixer and associated piping, and the installation of water level controls per the Florida Department of Environmental Protection (FDEP) permitting requirements. The purpose of this agenda item is for the SWDD Board to approve the change order to Crom. Analysis: Our engineer, Kimley-Horn and Associates (KHA), has reviewed and recommended approval of the $9,500 change order to Crom. Funding: Funding, in the amount of $9,500, for the SWDD Leachate Treatment services is budgeted and available in the SWDD/Leachate Pre -Treatment System account, number 411-169000-19507, which is funded from SWDD assessments and user fees. Description Account Number Amount SWDD/Leachate Pre -Treatment System 1 411-169000-19507 $9,500 SWDD Agenda - Change Order to CROM PagAA SWDD Item Recommendation: Solid Waste Disposal District staff recommends that its Board approve the change order to Crom Corporation for $9,500 to complete the rehabilitation of the above -ground storage tank, and authorize the Chairman to execute the change order. Attachment (s): Letter of Recommendation from KHA Change Order from Crom Corporation SWDD Agenda - Change Order to CROM Page4 Kimley>Ht'm February 23, 2023 Himanshu H. Mehta, PE Managing Director Indian River County — Solid Waste Disposal District 132575 th Ave SW Vero Beach, FL 32968 RE: CROM Change Order Recommendation In 2021, the Crom corporation was hired by the Solid Waste Disposal District (SWDD) to re -coat the existing ground storage tank associated with the biosolids dewatering facility. The coating project was intended to make the tank usable for the new evaporation system for leachate treatment. In the course of permitting the repurposing of the tank to make it usable for the new evaporation system, FDEP required that the SWDD add water level controls to the tank that were not included in the initial design. In addition, a mixer is being added to the tank to keep the leachate from going septic once it's stored. During the shop drawing review phase of the project, the mixer required larger wall penetrations than initially accounted for in the design phase. Additionally, pipe supports, and pedestal pads will be installed inside the tank by Crom. Attached is a change order for a net contract increase of $9,500 to cover the additional scope of work for Crom. Kimley-Horn has reviewed the estimates included in the proposed change order and agree with the values presented by Crom. Please contact me or my office should you have any additional questions or require additional information. Sincerely, Jill Grimaldi, BCES 772 794 a 9 nn February 9, 2023 Via Email: iill.grimaldi(a*imley-horn.com Jill Grimaldi Kimley Horn 445 24th Street, Suite 200 Vero Beach, Florida 32960 Subject: Change Order Proposal No. 2 — Wall Pipe and Concrete Pipe Supports PO# 90543-00 — Indian River County SWDD Landfill Division CCR Job No. 2021 R044 Dear Ms. Grimaldi: CROM Coatings and Restorations ("CCR"), a Division of CROM, LLC, is submitting this change order for the work as described below in accordance with all applicable codes and standards including OSHA, AWWA, SSPC, and NACE standard practices. 1. SERVICES TO BE FURNISHED BY CCR CCR proposes to furnish all supervision, labor, material, and equipment required to complete the work, except as noted in Paragraph 3. The services to be furnished by CCR are specifically: This scope of work is to be performed on the following tank: • 500,000 -Gallon Ground Storage Tank 60'-0" ID x 23'-6" SWD (CROM Job No. 2009-M-015) Work to be deducted under this change order: a. 3 — 8" SS FLG-FLG Wall Pipes through tank wall at manhole elevation. Work to be added under this change order: a. Additional mobilization. b. 1 — 10" SS FLG-FLG Wall Pipes through tank wall at manhole elevation. c. Four SS adjustable pipe supports with new engineered concrete floor pads. d. Two concrete pads underneath the mixer nozzles 2 x 2 x 2. 2. COMMENCEMENT AND COMPLETION Upon your execution of this change order, CCR will be prepared to start work 20 days after approval of our submittal information; and will undertake to furnish sufficient labor, materials, and equipment to complete this work within approximately 8 Days working time thereafter. Acceptance of this change order proposal will add the aforementioned time to the current contract duration. 3. MATERIALS AND SERVICES FURNISHED BY OTHERS It is understood that the following services shall be provided by others without expense to CCR: a. Adequate access to the tank including open storage space for our equipment and materials, conveniently located near the tank to be repaired. 250 S.W. 36TH TERRACE 1 GAINESVILLE, FLORIDA 1 32607-2889 PHONE 352.372.3436 1 FAX 352.372.6209 1 WWW.CROMCORR.COM 239 CHATTANOOGA, TN - FORT MYERS, FL - GAINESVILLE, FL - RALEIGH, NC - WEST PALM BEACH, FL 2021 R044 — COP 2 — Crack Repair, Dome Probe & Wall Pipes Vero Beach, Florida February 9, 2023 b. A continuous supply of potable water under 50 psi pressure at the rate of 60 gallons per minute for the use of the CCR crew within 100 feet of each tank site. (Note: If the scope includes using our UHP equipment please specify the minimum flow rate required to efficiently operate the UHP pumps and equipment. Minimum of 50 gpm. c. A continuous supply of electricity during the period of the cleaning: one 30 -AMP, 110 -volt service for the operation of our power tools and accessories, located not more than 100 feet from each tank. Please be sure that all circuit breakers are ground -fault protected. d. Complete lock -out and tag -out of the subject tank prior to personnel entering each tank. The Client will be required to provide all materials for this process. The Client will be responsible for demonstrating to CCR that the lock -out procedure is complete, and the tank is rendered "safe" before CCR will perform air quality testing to enter each tank. e. Any permit or other fees from any AHJ as may be required for the work including but not limited to all connect/disconnect, impact and building/construction fees. f. All professional engineering services. 4. QUOTATION We are prepared to carry out this work in accordance with the foregoing for the lump sum price of: Deducted Work: 3 — 8" Wall Pipes Added Work: Additional Mobilization Pipe Penetration Four Pipe Supports& Pads Two Concrete Pads ($37,500.00) $ 3,500.00 $18,500.00 $19,900.00 $ 5,100.00 Total $47,000.00 Deduct ($37,500.00) TOTAL: $9,500.00 Periodic and final payment, including any retention, shall be made within 7 days from the date our work is completed or the billing is received, or in accordance with applicable state Prompt Payment law, whichever is earlier, and is to be received by us in our accounting office at 250 SW 36th Terrace, Gainesville, Florida 32607. All costs for third party contracts and billing management services, or use of any software, as may be required by the Customer or Owner, will be added to the Contract Price, by change order. Final payment shall not be held due to delays in testing. Payment not received by that date will be considered past due and will be subject to a late payment charge of 1'/2% per calendar month, or any fraction thereof until received in our office. If CCR does not receive payment within 7 days after such payment is due, as defined herein, CCR may give notice, without prejudice to and in addition to any other legal remedies and may stop work until payment of the full amount owing has been received. The Proposal Amount and Time shall be adjusted by the amount of CCR's reasonable and verified cost of shutdown, delay, and startup, which shall be effected by an appropriate change order. 240 CCR012 - 10/13/2022 2021 R044 — COP 2 — Crack Repair, Dome Probe & Wall Pipes Vero Beach, Florida February 9, 2023 Any reasonable legal or other expense necessary for the enforcement of this Proposal or for the collection of monies due shall be borne by the party at fault. If sales tax is excluded from our price, or on materials contained in our price, in accordance with project specifications, such exclusion is subject to receipt of adequate tax exemption documents from you or the project owner prior to commencement of Work to allow for our application of same. If proper tax exemption documentation is not received or is not adequate to provide exemption, we reserve the right to receive reimbursement of all sales tax CCR is obligated to pay due to the tardiness, lack of, or inadequate exemption documentation on behalf of you or the owner. 5. ACCEPTANCE This change order proposal is offered for your acceptance within 30 days from the change order proposal date. We reserve the right after that period to amend our pricing to reflect changes in construction schedules, materials and labor rate changes. The return to this company of a copy of this change order proposal with your acceptance endorsed thereon within the time aforesaid will constitute a contract between us. This change order shall be made a part of the original contract agreement. Sincerely, CROM Coatings and Restorations, a Division of CROM, LLC t Chris Wilkerson Alexander Ciasca Project Manager Region Lead /adc.nle -iginal Contract Value: :t Previous Change Orders flue This Change Order: :w Contract Value: $252,700.00 ($9,280.00) $9,500.00 $252,920.00 241 CCR012 - 10/13/2022