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03/28/2023
Eke OR1V t E3 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 28, 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.B. INVOCATION Reverend Ardra Rigby, New Bethel AME Church 3. PLEDGE OF ALLEGIANCE Commissioner Deryl Loar 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Announcement of Renewal of HUD High Performer 5.B. Presentation of Proclamation Honoring Anthony Consalo on His Retirement from the Indian River County Sheriff's Office Attachments: Proclamation 5.C. Presentation of Proclamation Honoring Paul Fafeita on Lifetime of Service to Indian River County Attachments: Proclamation March 28, 2023 Page 1 of 7 5.D. Presentation of Proclamation - Recognizing Indian River County as a Moonshot Community for Literacy Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of January 31, 2023 6.11. Regular Meeting of February 7, 2023 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Distinguished Budget Presentation Award Attachments: Staff Report Press Release Distinguished Budget Presentation Award 7.B. District #3 Appointee to the Environmental Lands Acquisition Panel (ELAP) Attachments: Commissioners Memo 8. CONSENT AGENDA 8.A. Checks and Electronic Payments February 24, 2023 to March 2, 2023 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments March 3, 2023 to March 9, 2023 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments March 10, 2023 to March 16, 2023 Attachments: Finance Department Staff Report 8.D. Quarterly OPEB Trust Report for the Quarter Ending 12/31/22 Attachments: OPEB Report 8.E. Quarterly Investment Report for the Quarter Ending 12/31/22 Attachments: Investment Committee Report 8.F. Quarterly Tourist Development Tax Report for the Quarter Ending 12/31/22 Attachments: Tourist Development Tax Report 8.G. Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education Program Trust Fund Report - Cumulative Reporting Through 12/31/22 Attachments: Traffic Education Fund Report March 28, 2023 Page 2 of 7 8.H. Award of Bid 2023021 - Replacement Pontoon Boat Dock at the Environmental Learning Center (Re -bid) Attachments: Staff Report Agreement 8.I. Designation of Excess Equipment as Surplus and Authorization for Disposal Attachments: Staff Report - Surplus List Excess List for 032823 8.1 Award of RFP 2023029 Sandridge Golf Cart Fleet Replacement Attachments: Staff Report Sandridge Sales Order 8.K. Final Ranking of Firms and Authorization to Negotiate - RFQ 2023031 for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion, and Cell Construction Attachments: Staff Report 8.L. Adoption of Modifications to Purchasing Manual Attachments: Staff Report Changes to the Purchasing Manual 8.M. Rejection of Bid 2023028 for Street Sweeping Attachments: Staff Report 8.N. Fourth of July Fireworks Funding Attachments: Staff Report City of Vero Beach Fourth of July 2023 City of Sebastian Fourth of July 2023 8.0. Termination of Bid 2023024 - Annual Bid for Bulk Carbon Dioxide for Water Treatment Plants Attachments: Staff Report 8.P. Final Ranking of Firms and Authorization to Negotiate - RFQ 2023017 WRWWTF Reuse Storage Tank and Pump Station Engineering Consulting Services Attachments: Staff Report 8.Q. Appointments to the Economic Opportunities Council of Indian River County, Inc. Attachments: Staff Report Appointments Renewal Request March 28, 2023 Page 3 of 7 8.R. Right -of -Way Consent Agreement for Construction of the Trans -Florida Railroad Trail through FP&L Easement Attachments: Staff Report ROW Consent Agreement 8.S. Award of RFQ No. 2022072 (IRC -1505B) CEI Services for 66th Avenue (69th Street to CR-510/85th Street) Attachments: Staff Report Agreement for Professional Services 8.T. Approval of Facilities Relocation Agreement between Indian River County and Florida Power and Light Company for the Relocation of Transmission Facilities Required for Construction of 66th Avenue Phase 1B (IRC -1505B) Attachments: Staff Report FPL Facilities Relocation Agreement Memorandum of Facilities Relocation Agreement 8.U. Work Order No. 3 - Morgan & Eklund, Inc. 2023 Beach Profile Monitoring Surveys (SUMMER) Attachments: Staff Report Morgan and Eklund IRC Summer 2023 WO No. 3 Work Order No. 3 Agreement Execution 8.V. Final Payment to National Metering Services, Inc. Attachments: Staff Report Invoice IRC 2022-09 Retainage Spreadsheet 8.W. Griffon Residences, LLC dba Crest Griffon, LLC Developer's Agreement Attachments: Staff Report Developers Agreement Hinterland Group Proposal 8.X. West Wabasso Phase 3 Septic to Funding Agreement Attachments: Staff Report FDEP Grant Agreement IRC Grant Form 8.Y. Sewer (S2S) Approval of FDEP Cost -Share Amendment 2 to the Lost Tree Preserve, LLC, Developers Agreement Attachments: Staff Report Amendment 2 to Developers Agreement March 28, 2023 Page 4 of 7 8.Z. Final Pay to CDM Smith for Work Order No. 5, Groundwater Modeling and Impact Evaluations Attachments: Staff Report Invoice No 90168541 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Tax Collector Carole Jean Jordan re: Delinquent Tax Advertising Attachments: Tax Collector Memo Advertising Quotes and Circulation Audits 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Residency Restrictions for Registered Sex Offenders (LEGISLATIVE) Attachments: Staff Report Residency Restrictions Ordinance B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Bill and Ardra Rigby, West Wabasso Progressive Civic League re: Shared Usage of the Old Douglas School Building Attachments: Request to Speak Rigby C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Consideration of Roadway Jurisdictional Transfers to the Florida Department of Transportation Attachments: Staff Report Map 12.A.2. Application for a Federal Transit Administration Grant for Low or No Emission Buses Attachments: Staff Report B. Emergency Services C. General Services D. Human Resources E. Information Technology March 28, 2023 Page 5 of 7 F. Office of Management and Budget G. Public Works 12.G.1. FDOT Small County Outreach Program (SCOP) Supplemental Agreement No. 1 and Resolution for Construction (Milling and Resurfacing) and Construction Engineering Inspection (CEI) Services of CR-603/Indian River Boulevard from Merrill Barber Bridge to 53rd Street. Attachments: Staff Report Authorizing Resolution Supplemental Agreement No. 1 H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Offer of Judgment for a Parcel of Right -Of -Way Located at 6600 65th Street, Vero Beach, Owned by Harish and Deepti Sadhwani Attachments: Staff Report Aerial photo, Sketch, and Legal Descriptions 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman B. Commissioner Susan Adams, Vice Chairman 14.B.1. 82nd Avenue Road Conditions Attachments: Commissioners Memo 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 C. Environmental Control Board 16. ADJOURNMENT March 28, 2023 Page 6 of 7 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. March 28, 2023 Page 7 of 7 Indian River County Board of Commissioners Housing Choice Voucher Programs County Rental Assistance Department Administers these three programs HCV *406 VASH EHV Housing Choice Voucher Programs Congre riatesFunding ,j HUD Provides Funding to Indian River County Hoar ommissioners HCV Program, ReyuN ion. and, County HCV Programs Administers Housing Choice Voucher Section 8 Program <--Family (Program Participation) Owner -Landlord—> Voucher specifies Family Obligations HAP Contract specifies Owner & the County's Obligations Lease Specifies Tenant and Landlord Obligations Total Vouchers issued to Indian River County Housing Choice Voucher Programs from HUD • Housing Choice Vouchers 351 • Veterans Affairs Supportive 59 Housing (VASH) Vouchers • EHV Vouchers for Homeless 34 How are Applicants matched with Programs? • Housing Choice Vouchers (HCV): applicants are pulled from the waiting list; • Emergency Housing Vouchers (EHV): applicant referrals are provided to Rental Assistance from the Treasure Coast Homeless Services Council; • Veteran Affairs Supportive Housing (VASH) Vouchers: applicant referrals are provided to Rental Assistance from the Veterans Affairs out of West Palm Beach- Case Management is Applied; HUD has the following major responsibilities: • Develop regulations, requirements, handbooks, notices and other guidance to implement HCV housing programs legislation passed by Congress; • HUD Allocates HCV program funds to local government (Indian River County Board of Commissioners); • HUD monitors agency compliance with HCV program requirements and agency performance in program administration. Responsibilities of the Rental Assistance Department: • Establishes local policies and procedures; • Reviews applications for eligibility; • Maintains waiting list and selects applicants for admission, • Issues vouchers and assists the applicants in finding a place to live; • Conducts outreach; • Approves the rental unit, the owner, and the tenancy; • Monitors applicants and rental units for ongoing compliance; Responsibilities of the Owner: • Screens applicants; • Maintain compliance fair housing and discrimination laws; • Maintains housing unit; • Collects rent and enforces the provisions of the dwelling lease. • Attends landlord meetings as scheduled by the Rental Assistance staff; Responsibilities of the Applicants: • Provides Information; • Makes effort to find a place to live that qualifies for the program, • Takes care of the unit, • Complies with the terms of the lease and obligations of the voucher (including inspections), • Does not engage in drug-related or violent criminal activity, fraud, bribery, corruption, • Notifies Rental Assistance staff of any changes (Income, Family Status, Terminating Lease, etc) Housing Choice Voucher Program has several HUD mandated reporting requirements through the Real Estate Assessment Center (REAL). • PIC, SEMAP, VMS, EIV AND FDS Management Assessment (SEMAP): The Section 8 Management Assessment Program(SEMAP) is a tool that allows HUD to measure Indian River Counties HCV program performance in key areas to ensure program integrity and accountability. SEMAP scores translate into a rating for each HCV agency as high performing, standard, or troubled. Agencies that score 90% or better earn the `High Performing' designation. High Performing agencies enjoy competitive advantges for funding and other perks. Indian River County's HCV-VASH-EHV Program has been designated a `H_iigh Performer' for the past 16 years! We got their number baby! Indian River County Board of Commissioners Housing Choice Voucher — Section 8 Program Mission Statement The Mission of the Indian River County Board of Commissioners HCV -Section 8 Program is committed to operating and partnering with private owners and property managers in an efficient, professional and ethical manner which will create a team effort to provide decent, safe, sanitary and affordable housing for the clients that we serve in this community and enhancing the housing stock for under privileges and low income applicants, INCLUDING SENIOR HOUSING; To assist and prepare low to moderate income residents in making a transition to a greater financial security, To provide our clientele with empathy, dignity and responsive customer service; By providing the highest quality customer services, integrity is never compromised! Why is the Program so Successful? 1. Innovative Board Members and county staff 2. High performing agency 3. Competent staff work as a team 0 with positive attitudes Can't — is not in our vocabulary- WE do not take no for an answer How can we do even Better? 1. Expand and/or enhance our housing portfolio; we have obtained 34 Emergency Housing Vouchers, additional Veteran VASH vouchers and additional regular Housing Choice Vouchers within the past 12 to 24 months 2. Continue to achieve `High Performer' designation 03/28/2023 Item 5 Proclamation HONORING ANTHONY CONSALO ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY SHERIFF'S OFFICE -Whereas, Anthony Consalo is retiring from the Indian River County Sheriff's Office, effective March 24, 2023; and -Whereas, Anthony began his law enforcement career in 1995 and has served with distinction for over twenty-seven years; and -Whereas, Anthony, during his lengthy tenure with the Sheriff's Office, served in numerous capacities as he steadily progressed into the supervisory ranks of sergeant, lieutenant, and captain; and -Whereas, Anthony received many acknowledgements and commendations for his outstanding efforts, including Law Enforcement Deputy of the Quarter, Tactical Achievement, and Lifesaving; and -Whereas, Anthony worked diligently under four sheriffs to serve and protect the residents of Indian River County and the State of Florida; and -Whereas, Anthony's selfless commitment to his profession has earned him the admiration of Sheriff Flowers and all those who have had the privilege of working with him. Notiv, therefore, be itproclaimed by the Board of County Commissioners of Indian River County, ,Florida, that Captain Anthony Consalo is lauded for the vast contributions he has made to the people of our county during his exceptional law enforcement career, and that the Board wishes him a happy and prosperous retirement. Adopted this 28th 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 Proclamation HONORING PAUL FAFEITA ON LIFETIME OF SERVICE TO INDIAN RIVER COUNTY -Whereas, after graduating from Vero Beach High School in 1968, Paul Fafeita served our Country in the United States Marine Corps during two tours in Vietnam; and -Whereas, Paul assisted the residents of Indian River County over a lengthy career with the Sheriff's office, retiring as a Captain after more than 30 years; and -Whereas, Paul continued his involvement as the Local Lodge 69 President, State Officer of the Fraternal Order of Police, and co-founder of Fight Drug Abuse of Indian River County; and -Whereas, Paul has been a driving force in local coastal and clean water conservation efforts as President and State Officer of the Treasure Coast Chapter of the Coastal Conservation Association, and as founding President of the Clean Water Coalition of Indian River County; and ^WGiereas, Paul has given his all to the mission of cleaning up our lagoon and stemming the flow of pollutants that impair the estuary; and Whereas, Paul has provided input and maintained oversight on important water and safety initiatives pertaining to our lagoon, including leading the ban on application of potentially harmful biosolids and encouraging a stop to the use of glyphosate for weed control; and -Whereas, Paul's waterborne tours aboard his pontoon boat have educated countless people on the importance of restoring sea grass cover while generating local, national, and international stories on our diverse estuary. Now, therefore, be itproclaimedby the Boardof County Commissioners ofln&an River County, Florida, that the Board applauds the contributions Captain Paul Fafeita has made to the citizenry of Indian River County and wishes him well in his future endeavors. Adopted this 28th 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 ProcCamati"M Recognizing Indian River County as a MOONSHOT COMMUNITY FOR LITERACY Whereas, children are our most precious resources, and the first years of a child's life, where the most rapid brain development occurs, lay the foundation for all future learning; and Whereas, early literacy is the gateway to all learning; from birth to third grade we learn to read so that we can then, read to learn; and Whereas, literacy is the key to individual success and our community's economic prosperity, with a $13 to $1 return on investment; and -Whereas, as their child's first and most important teacher, families must have support, knowing that building a reading brain begins at birth; and Whereas, statistics show that children reading on level by the end of third grade have a three in four chance of success; and Whereas, the Campaign for Grade -level Reading has declared our Indian River County Moonshot Community Action Network as a national Pacesetter, honoring us for the community - inspired literacy movement; and Whereas, the Board of County Commission hereby agrees to join the Moonshot Moment Journey "team of teams", working together in 2023 to make Indian River County a leading literacy capital of the nation. Naw, 71herefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that Indian River County is recognized as a Moonshot Community for Literacy, taking a stand for our youngest citizens, improving early literacy, and giving every child the opportunity to be a literate, productive, and compassionate citizen who will improve our world. Adopted this 28th 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 -7q INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: March 7, 2023 SUBJECT: Distinguished Budget Presentation Award Fiscal Year 2022/2023 FROM: Kristin Daniels Director, Management & Budget Following is notification received from the Government Finance Officers Association (GFOA) awarding Indian River County, Florida, the Distinguished Budget Presentation Award for the current fiscal year 2022/2023. A Certificate of Recognition has also been presented to the Office of Management & Budget as the department designated as being primarily responsible for having achieved the award. This is the thirty-second consecutive year that the Office of Management & Budget has received this award. 4 FOR IMMEDIATE RELEASE February 16, 2023 For more information, contact: Technical Services Center Phone: (312) 977-9700 Fax: (312) 977-4806 E-mail: bud¢etawardsAefoa.org (Chicago, Illinois) --Government Finance Officers Association is pleased to announce that Indian River County, Florida, has received GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: ■ a policy document ■ a financial plan ■ an operations guide ■ a communications device Budget documents must be rated "proficient" in all four categories, and in the fourteen mandatory criteria within those categories, to receive the award. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual(s) or department designated as being primarily responsible for having achieved the award. This has been presented to the Office of Budget & Management. There are over 1,700 participants in the Budget Awards Program. The most recent Budget Award recipients, along with their corresponding budget documents, are posted quarterly on GFOA's website. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. Government Finance Officers Association (GFOA) advances excellence in government finance by providing best practices, professional development, resources and practical research for more than 22,500 members and the communities they serve. 5 GOVERNMENT FINANCE OFFICERS ASSOCIATION Distinguished Budget Presentation Award PRESENTED TO Indian River County Florida For the Fiscal Year Beginning October 01, 2022 Executive Director A March 28, 2023 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 22, 2023 SUBJECT: District #3 Appointee to the Environmental Lands Acquisition Panel (ELAP) FROM: Joseph H. Earman Commissioner, District 3 Calvin D. Reams of 2016 Cordova Ave., Vero Beach, FL 32960 will be the District #3 appointee to the Environmental Lands Acquisition Panel (ELAP). Mr. Reams has submitted his application to the County Attorney's Office. rl 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: MARCH 2, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS FEBRUARY 24, 2023 TO MARCH 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 February 24, 2023 to March 2, 2023. 0 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 433578 03/02/2023 AT&T WIRELESS 345.84 433579 03/02/2023 AT&T WIRELESS 172.92 433580 03/02/2023 HOME DEPOT USA INC 95.00 433581 03/02/2023 AT&T CORP 690.00 433582 03/02/2023 AT&T CORP 1,261.42 433583 03/02/2023 MATTHEW BENDER & CO INC 501.61 433584 03/02/2023 CULTURAL COUNCIL OF IRC 137.00 433585 03/02/2023 FLORIDA POWER AND LIGHT 9,196.68 433586 03/02/2023 PASSAGE ISLAND CONSTRUCTION LLLP 225.00 433587 03/02/2023 STEVE GRAUL 138.80 433588 03/02/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 44.50 433589 03/02/2023 MARK ODOM CONSTRUCTION INC 180.00 433590 03/02/2023 SOUTHEAST JET CONSULTLANTS INC 4,554.13 433591 03/02/2023 IMAGINE SCHOOLS AT SOUTH VERO 150.00 433592 03/02/2023 REI ENGINEERS INC 1,730.00 433593 03/02/2023 CERES ENVIRONMENTAL SERVICES 13,990.91 433594 03/02/2023 LESLIE N MUNROE 38.28 433595 03/02/2023 PROCTOR CONSTRUCTION COMPANY LLC 313,494.04 433596 03/02/2023 MAXIMUM VELOCITY GYMNASTICS INC 406.25 433597 03/02/2023 OHLA USA INC 135,673.98 433598 03/02/2023 CONNIE HUGHART 63.63 433599 03/02/2023 NATIONAL RADIOLOGICAL EMERGENCY PREPAREDN 600.00 433600 03/02/2023 ERIC CHAREST 209.95 433601 03/02/2023 QUINTIN BERGMAN 301.51 433602 03/02/2023 LAURA MATTHES 117.21 433603 03/02/2023 JORDAN MONTEROSSO 15.75 433604 03/02/2023 MASON KOZAC 531.95 433605 03/02/2023 ELISE KRISS 124.75 433606 03/02/2023 ANDREW SECHEN 225.00 433607 03/02/2023 PORT CONSOLIDATED INC 2,400.76 433608 03/02/2023 STURGIS LUMBER & PLYWOOD CO 73.21 433609 03/02/2023 COMMUNICATIONS INTERNATIONAL 336.00 433610 03/02/2023 SSES INC 148.34 433611 03/02/2023 RANGER CONSTRUCTION IND INC 552.88 433612 03/02/2023 VERO CHEMICAL DISTRIBUTORS INC 209.80 433613 03/02/2023 PERERS ENTERPRISES INC 48,405.50 433614 03/02/2023 RICOH USA INC 139.20 433615 03/02/2023 RICOH USA INC 140.84 433616 03/02/2023 SAFETY PRODUCTS INC 521.05 433617 03/02/2023 INDIAN RIVER BATTERY 338.20 433618 03/02/2023 INDIAN RIVER BATTERY 330.55 433619 03/02/2023 GRAINGER 1,911.20 433620 03/02/2023 SAFETY KLEEN SYSTEMS INC 711.62 433621 03/02/2023 WILD LAND ENTERPRISES INC 282.00 433622 03/02/2023 CLIFF BERRY INC 289.45 433623 03/02/2023 PARKSON CORPORATION 691.64 433624 03/02/2023 AMERICAN TEST CENTER INC 5,455.00 433625 03/02/2023 BOUND TREE MEDICAL LLC 39,671.23 433626 03/02/2023 DIVE RESCUE INC 9,395.42 433627 03/02/2023 TIRESOLES OF BROWARD INC 5,662.72 433628 03/02/2023 MOTION INDUSTRIES INC 981.90 433629 03/02/2023 ABCO GARAGE DOOR CO INC 207.00 433630 03/02/2023 DELL MARKETING LP 39,982.00 433631 03/02/2023 BARNEYS PUMP INC 975.00 433632 03/02/2023 MIDWEST TAPE LLC 1,167.60 433633 03/02/2023 FATHER & SONS CARPET LLC 18,793.24 433634 03/02/2023 ODYSSEY MANUFACTURING CO 10,437.00 w TRANS NBR DATE VENDOR AMOUNT 433635 03/02/2023 CENGAGE LEARNING INC 1,177.09 433636 03/02/2023 SOFTWARE HARDWARE INTEGRATION 97.50 433637 03/02/2023 COMMUNITY ASPHALT CORP 408.00 433638 03/02/2023 SUNSHINE REHABILATION CENTER OF IRC INC 1,980.00 433639 03/02/2023 PING INC 204.55 433640 03/02/2023 CITY OF VERO BEACH 1,045.54 433641 03/02/2023 LIVINGSTON PAGE 625.00 433642 03/02/2023 JANITORIAL DEPOT OF AMERICA INC 349.40 433643 03/02/2023 PUBLIX SUPERMARKETS 47.27 433644 03/02/2023 FLORIDA POWER AND LIGHT 294,302.80 433645 03/02/2023 FLORIDA POWER AND LIGHT 7,011.32 433646 03/02/2023 WALTER KOMARNICKI SR 50.00 433647 03/02/2023 TAYLOR MADE GOLF CO INC 260.00 433648 03/02/2023 TAYLOR MADE GOLF CO INC 4,413.07 433649 03/02/2023 GLOBAL GOLF SALES INC 1,202.21 433650 03/02/2023 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,786.22 433651 03/02/2023 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,181.72 433652 03/02/2023 HIBISCUS CHILDRENS CENTER INC 1,344.41 433653 03/02/2023 COMPLETE ELECTRIC INC 125.00 433654 03/02/2023 DEPARTMENT OF STATE DIV OF ADMIN SV 22.68 433655 03/02/2023 TREASURE COAST SPORTS COMMISSION INC 398.34 433656 03/02/2023 NEW YORK TIMES 612.45 433657 03/02/2023 IRC HEALTHY START COALITION INC 2,500.00 433658 03/02/2023 FLORIDA STATE GOLF ASSOCIATION 138.00 433659 03/02/2023 HENRY SMITH 650.00 433660 03/02/2023 INDIAN RIVER COUNTY HISTORICAL 4,678.35 433661 03/02/2023 G K ENVIRONMENTAL INC 985.00 433662 03/02/2023 ELXSI INC 4,898.10 433663 03/.02/2023 BRIDGESTONE AMERICAS INC 122.59 433664 03/02/2023 MIDWEST MOTOR SUPPLY CO 29.16 433665 03/02/2023 RECHTIEN INTERNATIONAL TRUCKS 224.95 433666 03/02/2023 HULETT ENVIRONMENTAL SERVICES 348.50 433667 03/02/2023 POTTERS INDUSTRIES LLC 2,960.00 433668 03/02/2023 CINTAS CORPORATION NO 2 221.40 433669 03/02/2023 POLYDYNE INC 3,749.00 433670 03/02/2023 FASTENAL COMPANY 241.49 433671 03/02/2023 THE SHERWIN WILLIAMS CO 229.82 433672 03/02/2023 SOUTHERN JANITOR SUPPLY INC 2,152.83 433673 03/02/2023 GLOVER OIL COMPANY INC 53,701.81 433674 03/02/2023 LARRY STEPHENS 125.00 433675 03/02/2023 ORCHID ISLAND PROPERTY MGMT II INC 2,800.00 433676 03/02/2023 AMERICAN WATER WORKS ASSOCIATION 266.00 433677 03/02/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,982.94 433678 03/02/2023 DANE MACDONALD 430.00 433679 03/02/2023 GLOBALSTAR USA 224.11 433680 03/02/2023 TRADEWINDS POWER CORP 995.00 433681 03/02/2023 FLEETBOSS GLOBAL POSITIONING SOLUTIONS INC 607.20 433682 03/02/2023 TAMPA BAY LIBRARY CONSORTIUM 48.98 433683 03/02/2023 HERITAGE CRYSTAL CLEAN INC 50.00 433684 03/02/2023 TORRES ELECTRICAL SUPPLY COMPANY INC 7,536.00 433685 03/02/2023 OVERDRIVE INC 1,767.66 433686 03/02/2023 ALAN JAY CHEVROLET CADILLAC 81,680.00 433687 03/02/2023 WILD TURKEY ESTATES OF VERO LLC 1,882.80 433688 03/02/2023 CARDINAL HEALTH 110 INC 3,125.67 433689 03/02/2023 BURNETT LIME CO INC 7,554.66 433690 03/02/2023 STEWART & STEVENSON FDDA LLC 4,615.08 433691 03/02/2023 CHEMTRADE CHEMICALS CORPORTATION 8,314.59 433692 03/02/2023 STS MAINTAIN SERVICES INC 20,287.40 433693 03/02/2023 MICHAEL EDWARD HAMILTON 300.00 433694 03/02/2023 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 10 TRANS NBR DATE VENDOR AMOUNT 433695 03/02/2023 UNIFIRST CORPORATION 1,380.37 433696 03/02/2023 CDA SOLUTIONS INC 8,640.00 433697 03/02/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 940.40 433698 03/02/2023 GOTTA GO GREEN ENTERPISES INC 190.83 433699 03/02/2023 BARSALOU VENTURES LLC 2,485.60 433700 03/02/2023 FLORIDA EAST COAST HOLDINGS CORP 17,024.30 433701 03/02/2023 EASTERN PIPELINE CONSTRUCTION INC 1,775.00 433702 03/02/2023 LJB EQUIPMENT SALES INC 2,411.52 433703 03/02/2023 COLE AUTO SUPPLY INC 2,847.94 433704 03/02/2023 GOLF GENIUS SOFTWARE LLC 1,600.00 433705 03/02/2023 BETH NOLAN 306.00 433706 03/02/2023 NESTLE WATERS NORTH AMERICA 175.46 433707 03/02/2023 CORE & MAIN LP 1,945.88 433708 03/02/2023 WOERNER AGRIBUSINESS LLC 104.00 433709 03/02/2023 GYRO-TRAC CORPORATION 637.50 433710 03/02/2023 VISTA OUTDOOR SALES LLC 2,535.63 433711 03/02/2023 AMAZON CAPITAL SERVICES INC 2,567.39 433712 03/02/2023 TREASURE COAST PLUMBING LLC 423.50 433713 03/02/2023 PACE ANALYTICAL SERVICES LLC 95.57 433714 03/02/2023 NUTTING ENGINEERS OF FLORIDA INC 497.25 433715 03/02/2023 JORDAN POWER EQUIPMENT CORP 169.90 433716 03/02/2023 LIBERTY TIRE RECYCLING LLC 2,227.60 433717 03/02/2023 SYTECH INC 950.00 433718 03/02/2023 DERECK R PRINCE 190.00 433719 03/02/2023 MULLINAX FORD OF VERO BEACH 1,943.74 433720 03/02/2023 SAFEWARE INC 3,915.00 433721 03/02/2023 CIVICPLUS LLC 1,055.09 433722 03/02/2023 KRONOS SAASHR INC 52.92 433723 03/02/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 257.49 433724 03/02/2023 DESK SPINCO INC 685.80 433725 03/02/2023 TREASURE COAST PERCUSSION 150.00 433726 03/02/2023 BLUE GOOSE CONSTRUCTION LLC 410.56 433727 03/02/2023 STAPLES INC 343.56 433728 03/02/2023 LOWES COMPANIES INC 2,919.12 433729 03/02/2023 TAGMARSHAL INTERNATIONAL LIMITED 2,019.20 433730 03/02/2023 MILLENNIUM CREMATORY LLC 850.00 433731 03/02/2023 THEODORE SEMI 740.00 433732 03/02/2023 QUADMED INC 319.70 433733 03/02/2023 BRITTON INDUSTRIES INC 341.17 433734 03/02/2023 KMG FENCE LLC 170,870.34 433735 03/02/2023 FUN EXPRESS LLC 30.37 433736 03/02/2023 HIREQUEST LLC 4,016.64 433737 03/02/2023 PETERBILT STORE SOUTH FLORIDA LLC 1,835.84 433738 03/02/2023 DOBBS EQUIPMENT LLC 719.49 433739 03/02/2023 SUPERIOR FLOOR COATINGS LLC 5,280.00 433740 03/02/2023 WESTERN OILFIELDS SUPPLY COMPANY 3,571.30 433741 03/02/2023 BTAC HOLDING CORP 7,033.27 433742 03/02/2023 TK ELEVATOR CORPORATION 613.47 433743 03/02/2023 CONSOLIDATED WATER GROUP LLC 79.00 433744 03/02/2023 CRYSTAL MCANELLY DIVERS 55.00 433745 03/02/2023 SCOTT SEELEY 100.00 433746 03/02/2023 LEGENDARY HEADWEAR 1,603.73 433747 03/02/2023 BIO -CHEM INCORPORATED 693.00 433748 03/02/2023 LOGAN PERALTA 85.00 433749 03/02/2023 XEROX CORPORATION 1,594.28 433750 03/02/2023 ISO CLAIMS SERVICES INC 791.30 433751 03/02/2023 SEAN GIVANS 200.00 433752 03/02/2023 FLEETPRIDE INC 82.60 433753 03/02/2023 ARGIE FOCCO 110.00 433754 03/02/2023 CARTERS EQUIPMENT & SPECIALTY PRODUCTS 4,140.10 11 TRANS NBR DATE 433755 03/02/2023 433756 03/02/2023 433757 03/02/2023 433758 03/02/2023 Grand Total: VENDOR TAYLOR TEAM RELOCATION UNIT 9 DANTE J AMATO ERIK FERGUSON DATABANK IMX LLC AMOUNT 654.00 440.00 98.75 43,100.73 1,534,843.32 12 RENTAL ASSISTANCE TRANS NBR DATE VENDOR AMOUNT 902483 03/02/2023 BREVARD COUNTY HOUSING AUTHORITY 2,216.22 902484 03/02/2023 GRACES LANDING LTD 13,396.00 902485 03/02/2023 BETTY DAVIS SCROGGS 760.00 902486 03/02/2023 CREATIVE CHOICE HOMES XVI LTD 12,873.00 902487 03/02/2023 DAVID YORK 574.00 902488 03/02/2023 ST FRANCIS MANOR OF VERO BEACH 1,684.00 902489 03/02/2023 TREASURE COAST HOMELESS SERVICES 1,496.00 902490 03/02/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,603.00 902491 03/02/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 2,732.00 902492 03/02/2023 THE PALMS AT VERO BEACH 17,897.00 902493 03/02/2023 DAVID CONDON 870.00 902494 03/02/2023 HILARY MCIVOR 721.00 902495 03/02/2023 PELICAN ISLES LP 11,601.00 902496 03/02/2023 SUNCOAST REALTY & RENTAL MGMT LLC 1,016.00 902497 03/02/2023 ADINAGOLDMAN-WALKER 1,139.00 902498 03/02/2023 INDIAN RIVER RDA LP 2,344.00 902499 03/02/2023 LAZY J LLC 1,540.00 902500 03/02/2023 SAID S MOOBARK 1,715.00 902501 03/02/2023 OSCEOLA COUNTY SECTION 8 995.22 902502 03/02/2023 YVONNE KOUTSOFIOS 208.00 902503 03/02/2023 BRIAN E GALLAGHER 722.00 902504 03/02/2023 JOHN TSTANLEY 1,165.00 902505 03/02/2023 WEDGEWOOD RENTALS LLC 1,204.00 902506 03/02/2023 COALITION FOR ATTAINABLE HOMES INC 944.00 902507 03/02/2023 MYRIAM MELENDEZ 743.00 902508 03/02/2023 WATSON REALTY GROUP 2,945.00 902509 03/02/2023 SHEJI LLC 801.00 902510 03/02/2023 SUNQUEST APRTMENTS LLC 474.00 902511 03/02/2023 ORCHARD GROVE VENTURE LLC 19,967.00 902512 03/02/2023 SREIT LEXINGTON CLUB LLC 34,703.00 902513 03/02/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 13,504.00 902514 03/02/2023 B4 TC PROPERTIES LLC 958.00 902515 03/02/2023 STREIT RIVER PARK PLACE LLC 19,931.00 902516 03/02/2023 EZAS INVESTMENTS LLC 767.00 902517 03/02/2023 DANIEL I PREUSS 577.00 902518 03/02/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 31,662.00 902519 03/02/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 4,950.00 902520 03/02/2023 JACOURT LLC 4,060.00 902521 03/02/2023 CHRISTINE HARVEY LAWRENCE 660.00 902522 03/02/2023 CENTER LAKE PROPERTY MANAGEMENT LLC 4,568.00 902523 03/02/2023 BREVARD COUNTY HOUSING AUTHORITY 1,155.00 902524 03/02/2023 GRACES LANDING LTD 661.00 902525 03/02/2023 CREATIVE CHOICE HOMES XVI LTD 2,319.00 902526 03/02/2023 TREASURE COAST HOMELESS SERVICES 287.00 902527 03/02/2023 FLORIDA POWER AND LIGHT 45.00 902528 03/02/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 411.00 902529 03/02/2023 PELICAN ISLES LP 657.00 902530 03/02/2023 LAZY J LLC 311.00 902531 03/02/2023 COALITION FOR ATTAINABLE HOMES INC 615.00 902532 03/02/2023 ORCHARD GROVE VENTURE LLC 5,783.00 902533 03/02/2023 SREIT LEXINGTON CLUB LLC 2,508.00 902534 03/02/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 2,370.00 902535 03/02/2023 JACOURT LLC 3,752.00 Grand Total: 245,559.44 13 ELECTRONIC PAYMENT - VISA CARD TRANS NBR DATE VENDOR AMOUNT 1020400 02/24/2023 OFFICE DEPOT INC 1,582.93 1020401 03/01/2023 AT&T CORP 5,461.78 1020402 03/01/2023 AT&T CORP 198.00 1020403 03/01/2023 OFFICE DEPOT INC 536.08 1020404 03/01/2023 COMCAST 116.85 1020405 03/02/2023 UNIVERSAL SIGNS & ACCESSORIES 140.00 1020406 03/02/2023 INDIAN RIVER OXYGEN INC 4,503.00 1020407 03/02/2023 MIKES GARAGE & WRECKER SERVICE INC 405.00 1020408 03/02/2023 GALLS LLC 1,026.93 1020409 03/02/2023 MEEKS PLUMBING INC 559.00 1020410 03/02/2023 ST LUCIE BATTERY & TIRE CO 606.68 1020411 03/02/2023 IRRIGATION CONSULTANTS UNLIMITED INC 193.39 1020412 03/02/2023 GROVE WELDERS INC 3,020.67 1020413 03/02/2023 41MPRINT INC 5,069.20 1020414 03/02/2023 PRIDE ENTERPRISES 979.66 1020415 03/02/2023 SPINNAKER VERO INC 44.54 1020416 03/02/2023 AUTO PARTNERS LLC 1,450.76 1020417 03/02/2023 WRIGHT FASTENER COMPANY LLC 244.00 1020418 03/02/2023 ALLIED DIVERSIFIED OF VERO BEACH LLC 1,390.00 1020419 03/02/2023 EFE INC 3,613.32 Grand Total: 31,141.79 14 ELECTRONIC PAYMENTS - WIRES & ACH TRANS NBR DATE VENDOR AMOUNT 10312 02/27/2023 INDIAN RIVER COUNTY SHERIFF 2,205,414.25 10313 02/28/2023 RX BENEFITS INC 222,758.63 10314 02/28/2023 EDH HOLDINGS LLC 954.14 10315 03/01/2023 ST LUCIE BATTERY & TIRE CO 1,125.50 10316 03/01/2023 CLERK OF CIRCUIT COURT 115,585.41 10317 03/01/2023 INDIAN RIVER COUNTY SHERIFF 5,367,129.15 10318 03/01/2023 INDIAN RIVER COUNTY SHERIFF 40,563.58 10319 03/01/2023 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 119,588.32 10320 03/01/2023 P&AADMINISTRATIVE SERVICES INC 396.00 10321 03/02/2023 KIMLEY HORN & ASSOC INC 203,031.85 10322 03/02/2023 AMERICAN FAMILY LIFE ASSURANCE CO 14,505.46 10323 03/02/2023 ALLEN CONCRETE & MASONRY INC 70,236.01 Grand Total: 8,361,288.30 15 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271 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: MARCH 9, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 3, 2023 TO March 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 March 3, 2023 to March 9, 2023. 16 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 433759 03/03/2023 FLORIDA UC FUND 1,012.88 433760 03/03/2023 NORTH CAROLINA CHILD SUPPORT 105.69 433761 03/03/2023 AMERITAS 34,390.00 433762 03/03/2023 COMMONWEALTH OF MASSACHUSETTS 154.00 433763 03/03/2023 NORTH DAKOTA CHILD SUPPORT 228.47 433764 03/09/2023 DIVE RESCUE INC 480.00 433765 03/09/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 433766 03/09/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 433767 03/09/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 433768 03/09/2023 TYLER TECHNOLOGIES INC 2,198.00 433769 03/09/2023 NAEMT 225.00 433770 03/09/2023 SHELLEY NOWLIN 95.41 433771 03/09/2023 SUSAN ADAMS 292.56 433772 03/09/2023 JACQUELINE MEANS 111.17 433773 03/09/2023 ADAM HELTEMES 82.00 433774 03/09/2023 SHEILA O'SULLIVAN 109.00 433775 03/09/2023 KATHY COPELAND 220.87 433776 03/09/2023 JOSE VEGA 495.00 433777 03/09/2023 OWEN SANTARELLA TRAINING GROUP LLC 1,345.00 433778 03/09/2023 ERIN SAWYER 47.00 433779 03/09/2023 HARRISON YOUNGBLOOD 152.00 433780 03/09/2023 COMMUNICATIONS INTERNATIONAL 29,962.11 433781 03/09/2023 RICOH USA INC 36.70 433782 03/09/2023 REPUBLIC SERVICES INC 1,128,676.82 433783 03/09/2023 PARAGON ELECTRIC OF VERO INC 97,583.82 433784 03/09/2023 BARTH CONSTRUCTION INC 71,131.37 433785 03/09/2023 SUNBONNET SUE QUILTERS GUILD 750.00 433786 03/09/2023 FLORIDA WATER & POLLUTION CONTROL 30.00 433787 03/09/2023 GEOSYNTEC CONSULTANTS INC 72,665.47 433788 03/09/2023 STATE ATTORNEY 23,014.37 433789 03/09/2023 SUNSHINE STATE ONE CALL OF FL INC 3,335.02 433790 03/09/2023 NANCY ARMSTRONG-ONEILL 54.82 433791 03/09/2023 TLC DIVERSIFIED INC 402,833.18 433792 03/09/2023 FLORIDA ENGINEERING SOCIETY 210.00 433793 03/09/2023 JAMES E CARROLL JR 200.00 433794 03/09/2023 J C WELTON CONST INC 2,623.29 433795 03/09/2023 MICHAEL K VERNON 75.00 433796 03/09/2023 MBV ENGINEERING INC 2,213.25 433797 03/09/2023 MASTELLER & MOLER INC 1,767.00 433798 03/09/2023 AMERICAN WATER WORKS ASSOCIATION 1,866.00 433799 03/09/2023 AMBROSINI, ALBERT & JOAN 263.60 433800 03/09/2023 FISHER & PHILLIPS LLP 11,888.50 433801 03/09/2023 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 10,625.00 433802 03/09/2023 RICHARD SCHLITT 134.56 433803 03/09/2023 RICHARD HOPE 70.11 433804 03/09/2023 REHMANN GROUP LLC 20,000.00 433805 03/09/2023 SOUTHERN MANAGEMENT LLC 22,078.20 433806 03/09/2023 KESSLER CONSULTING INC 4,015.00 433807 03/09/2023 MICHAEL LOVEDAY 75.00 433808 03/09/2023 CANARX GROUP INC 5,122.30 433809 03/09/2023 TETRA TECH INC 17,090.23 433810 03/09/2023 AMAZON CAPITAL SERVICES INC 58.78 433811 03/09/2023 NATALIE PINEIRO 150.00 433812 03/09/2023 CONSOR ENGINEERS LLC 176,840.98 433813 03/09/2023 BIOGAS ENGINEERING 4,412.22 433814 03/09/2023 LATITUDE 88 INC 464.96 433815 03/09/2023 CLEAN SPACE INC 15,530.91 17 TRANS NBR DATE VENDOR AMOUNT 433816 03/09/2023 SUN PATRICK ARCHITECTURE INC 66,076.19 433817 03/09/2023 COMMANDLINK LLC 3,460.80 433818 03/09/2023 SPIEZLE ARCHITECTURAL GROUP INC 1,162.50 433819 03/09/2023 WEX HEALTH INC 10,484.00 433820 03/09/2023 JAMES MCALHANY 32,918.00 433821 03/09/2023 DIGITAL DATA SERVICES INC 12,420.00 433822 03/09/2023 REVIZE LLC 27,600.00 433823 03/09/2023 BULK EXPRESS TRANSPORT INC 24,098.64 433824 03/09/2023 WILLIAM W CALDWELL 9.70 433825 03/09/2023 MERRICK C WORTH 40.03 433826 03/09/2023 JENNIFER L MACY 18.76 433827 03/09/2023 JAIME D SANCHEZ 22.72 433828 03/09/2023 GABRIELE SASIA 53.35 433829 03/09/2023 JOSEPH T MARSDEN 14.91 433830 03/09/2023 REBECCA ROSIER 113.05 433831 03/09/2023 INTERTECH CONSTRUCTION CORPORATION OF AMER 8,918.55 433832 03/09/2023 REIS SHOW LLC 500.00 433833 03/09/2023 KENNETH SHANKS 90.00 433834 03/09/2023 FIGHTING INDIANS FOOTBALL BOOSTERS INC 350.00 433835 03/09/2023 MICHAEL FLAXMAN 30.00 433836 03/09/2023 SAFIR COALITION 441.50 433837 03/09/2023 HARRISON YOUNGBLOOD 98.75 433838 03/09/2023 UTIL REFUNDS 45.83 433839 03/09/2023 UTIL REFUNDS 78.30 433840 03/09/2023 UTIL REFUNDS 65.08 433841 03/09/2023 UTIL REFUNDS 100.00 433842 03/09/2023 UTIL REFUNDS 46.62 433843 03/09/2023 UTIL REFUNDS 85.41 433844 03/09/2023 UTIL REFUNDS 44.54 433845 03/09/2023 UTIL REFUNDS 34.60 433846 03/09/2023 UTIL REFUNDS 14.37 433847 03/09/2023 UTIL REFUNDS 82.76 433848 03/09/2023 UTIL REFUNDS 5.92 433849 03/09/2023 UTIL REFUNDS 1.63 433850 03/09/2023 UTIL REFUNDS 80.07 433851 03/09/2023 UTIL REFUNDS 62.52 433852 03/09/2023 UTIL REFUNDS 89.76 433853 03/09/2023 UTIL REFUNDS 55.20 433854 03/09/2023 UTIL REFUNDS 88.95 433855 03/09/2023 UTIL REFUNDS 260.63 433856 03/09/2023 UTIL REFUNDS 7.95 433857 03/09/2023 UTIL REFUNDS 130.55 433858 03/09/2023 UTIL REFUNDS 41.95 433859 03/09/2023 UTIL REFUNDS 62.26 433860 03/09/2023 UTIL REFUNDS 88.72 433861 03/09/2023 UTIL REFUNDS 98.52 433862 03/09/2023 UTIL REFUNDS 28.05 433863 03/09/2023 UTIL REFUNDS 41.70 433864 03/09/2023 UTIL REFUNDS 77.78 433865 03/09/2023 UTIL REFUNDS 48.75 433866 03/09/2023 UTIL REFUNDS 9.17 433867 03/09/2023 UTIL REFUNDS 159.96 433868 03/09/2023 UTIL REFUNDS 38.94 433869 03/09/2023 UTIL REFUNDS 10.71 433870 03/09/2023 UTIL REFUNDS 185.46 433871 03/09/2023 UTIL REFUNDS 84.13 433872 03/09/2023 UTIL REFUNDS 52.87 433873 03/09/2023 UTIL REFUNDS 44.11 433874 03/09/2023 UTIL REFUNDS 32.11 433875 03/09/2023 UTIL REFUNDS 2.13 Pa TRANS NBR DATE VENDOR AMOUNT 433876 03/09/2023 UTIL REFUNDS 44.75 433877 03/09/2023 UTIL REFUNDS 53.77 433878 03/09/2023 UTIL REFUNDS 69.64 433879 03/09/2023 UTIL REFUNDS 45.42 433880 03/09/2023 UTIL REFUNDS 2.04 433881 03/09/2023 UTIL REFUNDS 34.57 433882 03/09/2023 UTIL REFUNDS 40.67 433883 03/09/2023 ANITHRA MINUS 126.00 433884 03/09/2023 PORT CONSOLIDATED INC 2,181.83 433885 03/09/2023 GUARDIAN EQUIPMENT INC 1,200.00 433886 03/09/2023 FISHER SCIENTIFIC COMPANY LLC 99.51 433887 03/09/2023 VERO CHEMICAL DISTRIBUTORS INC 552.20 433888 03/09/2023 RICOH USA INC 103.00 433889 03/09/2023 KIMLEY HORN & ASSOC INC 791.50 433890 03/09/2023 DATA FLOW SYSTEMS INC 67,124.00 433891 03/09/2023 INDIAN RIVER BATTERY 1,874.10 433892 03/09/2023 GRAINGER 322.60 433893 03/09/2023 KELLY TRACTOR CO 1,604.07 433894 03/09/2023 KELLY TRACTOR CO 4,240.94 433895 03/09/2023 GRAYBAR ELECTRIC CO INC 1,040.04 433896 03/09/2023 MCMASTER CARR SUPPLY CO 80.93 433897 03/09/2023 WILD LAND ENTERPRISES INC 19.60 433898 03/09/2023 HACH CO 995.24 433899 03/09/2023 LFI FORT PIERCE INC 2,934.83 433900 03/09/2023 CLIFF BERRY INC 454.65 433901 03/09/2023 PARKSON CORPORATION 321.65 433902 03/09/2023 BOUND TREE MEDICAL LLC 1,463.70 433903 03/09/2023 TIRESOLES OF BROWARD INC 9,653.08 433904 03/09/2023 NEWMANS POWER SYSTEMS 220.00 433905 03/09/2023 DELL MARKETING LP 1,783.78 433906 03/09/2023 NORTHERN SAFETY CO INC 65.10 433907 03/09/2023 BAKER DISTRIBUTING CO LLC 372.06 433908 03/09/2023 SOFTWARE HARDWARE INTEGRATION 2,001.96 433909 03/09/2023 CLERK OF CIRCUIT COURT 1,512.50 433910 03/09/2023 CITY OF VERO BEACH 659.42 433911 03/09/2023 INDIAN RIVER ALL FAB INC 2,188.00 433912 03/09/2023 HOME DEPOT USA INC 76.80 433913 03/09/2023 HOME DEPOT USA INC 922.24 433914 03/09/2023 JANITORIAL DEPOT OF AMERICA INC 777.38 433915 03/09/2023 ROGER CLEVELAND GOLF INC 3,981.42 433916 03/09/2023 ACUSHNET COMPANY 15,839.93 433917 03/09/2023 FEDERAL EXPRESS CORP 157.83 433918 03/09/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 96.25 433919 03/09/2023 COMO OIL COMPANY OF FLORIDA 71.39 433920 03/09/2023 MELVIN EVERETT 3,450.00 433921 03/09/2023 CALLAWAY GOLF SALES COMPANY 15,794.69 433922 03/09/2023 FLORIDA POWER AND LIGHT 119,390.35 433923 03/09/2023 FLORIDA POWER AND LIGHT 34,243.00 433924 03/09/2023 GIFFORD YOUTH ACHIEVEMENT CENTER INC 8,456.65 433925 03/09/2023 HIBISCUS CHILDRENS CENTER INC 2,358.62 433926 03/09/2023 TREASURE COAST SPORTS COMMISSION INC 1,211.52 433927 03/09/2023 IRC HEALTHY START COALITION INC 13,375.00 433928 03/09/2023 IRC HEALTHY START COALITION INC 10,018.94 433929 03/09/2023 FLORIDA ASSOCIATION OF COUNTY ATTORNEYS 450.00 433930 03/09/2023 NOTARY PUBLIC UNDERWRITERS INC 137.95 433931 03/09/2023 BE SAFE SECURITY ALARMS INC 239.70 433932 03/09/2023 3 BALL ENTERPRISES LLC 6,969.03 433933 03/09/2023 JOHN BROWN & SONS INC 6,125.00 433934 03/09/2023 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 160.50 433935 03/09/2023 ELXSI INC 2,344.00 Wol TRANS NBR DATE VENDOR AMOUNT 433936 03/09/2023 BRIDGESTONE AMERICAS INC 297.82 433937 03/09/2023 TRANE US INC 57,408.00 433938 03/09/2023 HULETT ENVIRONMENTAL SERVICES 192.50 433939 03/09/2023 FASTENAL COMPANY 73.70 433940 03/09/2023 THE SHERWIN WILLIAMS CO 23.46 433941 03/09/2023 SOUTHERN JANITOR SUPPLY INC 2,627.40 433942 03/09/2023 JACKS COMPLETE TREE SERVICE INC 3,000.00 433943 03/09/2023 GLOVER OIL COMPANY INC 49,634.17 433944 03/09/2023 USA SERVICES OF FLORIDA INC 3,427.75 433945 03/09/2023 JOHNNY B SMITH 25.00 433946 03/09/2023 REDLANDS CHRISTIAN MIGRANT ASSOC 4,628.79 433947 03/09/2023 PETER J CASSARA 1,800.00 433948 03/09/2023 AAPMVR CORP 1,804.35 433949 03/09/2023 TREASURE COAST FOOD BANK INC 101.04 433950 03/09/2023 F. J. NUGENT & ASSOCIATES INC 85.00 433951 03/09/2023 YOUTH GUIDANCE DONATION FUND OF IRC INC 4,625.92 433952 03/09/2023 BRENNTAG MID -SOUTH INC 13,304.16 433953 03/09/2023 PIONEER MANUFACTURING 1,634.65 433954 03/09/2023 GUETTLER BROTHERS CONSTRUCTION LLC 300.00 433955 03/09/2023 TORRES ELECTRICAL SUPPLY COMPANY INC 13,659.00 433956 03/09/2023 VERO BEACH PARTNERSHIP 400.00 433957 03/09/2023 WILD TURKEY ESTATES OF VERO LLC 994.32 433958 03/09/2023 BURNETT LIME CO INC 7,561.30 433959 03/09/2023 STRAIGHT OAK LLC 149.10 433960 03/09/2023 THE LAW OFFICES OF 1,931.25 433961 03/09/2023 STS MAINTAIN SERVICES INC 21,757.50 433962 03/09/2023 SYLVIA MILLER 1,425.00 433963 03/09/2023 HAWKINS INC 472.50 433964 03/09/2023 ESI ACQUISITION INC 6,960.00 433965 03/09/2023 CATHEDRAL CORPORATION 626.39 433966 03/09/2023 UNIFIRST CORPORATION 1,675.26 433967 03/09/2023 CDA SOLUTIONS INC 420.00 433968 03/09/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 1,378.83 433969 03/09/2023 HYDROMAX USA LLC 60,769.50 433970 03/09/2023 AC VETERINARY SPECIALTY SERVICES 45.00 433971 03/09/2023 MATHESON TRI -GAS INC 4,758.00 433972 03/09/2023 WILLIS SPORTS ASSOCIATION INC 10,530.00 433973 03/09/2023 COLE AUTO SUPPLY INC 4,410.67 433974 03/09/2023 KREMEDY LLC 3,500.00 433975 03/09/2023 TARGET SOLUTIONS LEARNING LLC 30,750.00 433976 03/09/2023 BETH NOLAN 144.00 433977 03/09/2023 RELX INC 426.40 433978 03/09/2023 ENVIRONMENTAL OPERATING SOLUTION INC 16,905.92 433979 03/09/2023 CORE & MAIN LP 13,804.75 433980 03/09/2023 WOERNER AGRIBUSINESS LLC 140.00 433981 03/09/2023 BOTTOMS UP BEVERAGE OF FLORIDA LLC 2,714.00 433982 03/09/2023 REXEL USA INC 26.79 433983 03/09/2023 DIRECTV GROUP INC 87.99 433984 03/09/2023 AMAZON CAPITAL SERVICES INC 16,249.65 433985 03/09/2023 TREASURE COAST PLUMBING LLC 1,297.20 433986 03/09/2023 PACE ANALYTICAL SERVICES LLC 7,727.38 433987 03/09/2023 AMERIGAS PROPANE LP 3,905.45 433988 03/09/2023 METROPOLITAN COMMUNICATION SERVICES INC 408.75 433989 03/09/2023 ILLINOIS TOOL WORKS 98.93 433990 03/09/2023 MISS B'S LEARNING BEES 6,738.73 433991 03/09/2023 JORDAN POWER EQUIPMENT CORP 1,183.42 433992 03/09/2023 LIBERTY TIRE RECYCLING LLC 4,393.60 433993 03/09/2023 PC SOLUTIONS & INTEGRATION INC 7,780.80 433994 03/09/2023 DERECK R PRINCE 145.00 433995 03/09/2023 JUDITH A BURLEY 379.50 20 4 TRANS NBR DATE VENDOR AMOUNT 433996 03/09/2023 TRAVERSE PC INC 250.00 433997 03/09/2023 R&S RADIO LLC 400.00 433998 03/09/2023 SOUTH CENTRAL PLANNING & DEVELOPMENT COMM 4,583.33 433999 03/09/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 363.17 434000 03/09/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 302.78 434001 03/09/2023 MT CAUSLEY LLC 27,555.00 434002 03/09/2023 FERGUSON US HOLDINGS INC 4,220.70 434003 03/09/2023 BLUE GOOSE CONSTRUCTION LLC 702.98 434004 03/09/2023 ORCHARD GROVE VENTURE LLC 925.00 434005 03/09/2023 STAPLES INC 299.10 434006 03/09/2023 LOWES COMPANIES INC 1,226.40 434007 03/09/2023 MILLENNIUM CREMATORY LLC 425.00 434008 03/09/2023 KELE INC 576.26 434009 03/09/2023 DEX IMAGING LLC 28.82 434010 03/09/2023 SPORTS ENGINE INC 18.50 434011 03/09/2023 ROBERT A HUDSON 25.00 434012 03/09/2023 THEODORE SEMI 25.00 434013 03/09/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 750.00 434014 03/09/2023 WIPEOUT SERVICES LLC 175.00 434015 03/09/2023 BRITTON INDUSTRIES INC 345.24 434016 03/09/2023 TRAILHEAD LABS INC 1,250.00 434017 03/09/2023 LAWRENCE F WALLIN 25.00 434018 03/09/2023 HIREQUEST LLC 7,151.73 434019 03/09/2023 PETERBILT STORE SOUTH FLORIDA LLC 220.97 434020 03/09/2023 PETERBILT STORE SOUTH FLORIDA LLC 641.44 434021 03/09/2023 A TEAM OF THE TREASURE COAST INC 860.00 434022 03/09/2023 CER SIGNATURE CLEANING LLC 9,900.00 434023 03/09/2023 UNION BUG UNITED LLC 1,321.20 434024 03/09/2023 DOBBS EQUIPMENT LLC 1,648.20 434025 03/09/2023 SHAMROCK ENVIRONMENTAL CORPORATION 4,420.00 434026 03/09/2023 PIVOTAL UTILITY HOLDINGS INC 39.93 434027 03/09/2023 SOURCE INCORPORATED OF MISSOURI 1,065.00 434028 03/09/2023 SH LEVE CHEMICAL CO LLC 4,532.71 434029 03/09/2023 BTAC HOLDING CORP 4,935.82 434030 03/09/2023 TPH HOLDINGS LLC 310.98 434031 03/09/2023 CRYSTAL MCANELLY DIVERS 40.00 434032 03/09/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 800.00 434033 03/09/2023 RONALD MARASCO SR 25.00 434034 03/09/2023 KERNER LLC 4,785.00 434035 03/09/2023 TAYLOR NELSON AUXIER 25.00 434036 03/09/2023 ANCHOR MECHANICAL INC 588.68 434037 03/09/2023 DE 2018 PLLC 562.00 434038 03/09/2023 PREMIER NURSERIES LLC 3,641.36 434039 03/09/2023 XEROX CORPORATION 61.52 434040 03/09/2023 ISO CLAIMS SERVICES INC 710.75 434041 03/09/2023 BLUETARP FINANCIAL INC 52.75 434042 03/09/2023 US ECOLOGY TAMPA INC 33,085.20 434043 03/09/2023 DJ LOUIE G ENTERTAINMENT 450.00 434044 03/09/2023 JORDAN PARKER 25.00 434045 03/09/2023 TRAVIS WADDELL 31,100.00 434046 03/09/2023 EUROFINS ENVIRONMENT TESTING AMERICA HOLDII 1,100.00 434047 03/09/2023 TRADEWINDS ENRICHMENT SOLUTIONS INC 760.00 434048 03/09/2023 BARBARA D WHITTAKER 347.60 434049 03/09/2023 FL STATE HORTICULTURAL SOCIETY INC 60.00 Grand Total: 3,278,368.13 21 ELECTRONIC PAYMENT - VISA CARD TRANS NBR DATE VENDOR AMOUNT 1020420 03/09/2023 PARKS RENTAL & SALES INC 249.00 1020421 03/09/2023 INDIAN RIVER OXYGEN INC 2,127.26 1020422 03/09/2023 MIKES GARAGE & WRECKER SERVICE INC 235.00 1020423 03/09/2023 DAVES SPORTING GOODS & TROPHIES 1,662.00 1020424 03/09/2023 GALLS LLC 781.08 1020425 03/09/2023 IRRIGATION CONSULTANTS UNLIMITED INC 345.94 1020426 03/09/2023 GROVE WELDERS INC 869.10 1020427 03/09/2023 WIGINTON CORPORATION 594.00 1020428 03/09/2023 4IMPRINT INC 1,840.75 1020429 03/09/2023 TOTAL TRUCK PARTS INC 151.26 1020430 03/09/2023 HD SUPPLY FACILITIES MAINTENANCE LTD 782.31 1020431 03/09/2023 PRIDE ENTERPRISES 130.95 1020432 03/09/2023 SPINNAKER VERO INC 209.33 1020433 03/09/2023 HYDRA SERVICE (S) INC 202,992.00 1020434 03/09/2023 RADWELL INTERNATIONAL INC 124.30 1020435 03/09/2023 NEXAIR LLC 54.09 1020436 03/09/2023 EFE INC 2,815.91 1020437 03/09/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 65.50 Grand Total: 216,029.78 22 ELECTRONIC PAYMENTS - WIRES & ACH TRANS NBR DATE VENDOR AMOUNT 10324 03/03/2023 TD BANK 10,606.29 10325 03/03/2023 AGENCY FOR HEALTH CARE ADMIN 2,283,452.00 10326 03/03/2023 FL SDU 3,328.49 10327 03/03/2023 CER SIGNATURE CLEANING LLC 12,852.00 10328 03/03/2023 IRC FIRE FIGHTERS ASSOC 10,438.22 10329 03/03/2023 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,738.36 10330 03/03/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 37,459.80 10331 03/03/2023 MUTUAL OF OMAHA 24,535.21 10332 03/03/2023 LINCOLN RETIREMENT 86,981.45 10333 03/03/2023 ALLSTATE 95.84 10334 03/03/2023 HUMANE SOCIETY 43,000.00 10335 03/03/2023 IRC CHAMBER OF COMMERCE 27,631.99 10336 03/03/2023 IRC CHAMBER OF COMMERCE 53,682.59 10337 03/03/2023 INDIAN RIVER COUNTY TAX COLLECTOR 77,061.09 10338 03/06/2023 FL RETIREMENT SYSTEM 981,578.85 10339 03/06/2023 EDH HOLDINGS LLC 208.48 10340 03/06/2023 IRS -PAYROLL TAXES 521,128.48 10341 03/06/2023 BENEFLEX INC 887.50 10342 03/07/2023 MUTUAL OF OMAHA 19,410.70 10343 03/07/2023 SENIOR RESOURCE ASSOCIATION 499,103.11 10344 03/07/2023 OPTUMHEALTH FINANCIAL SERVICES 106,551.25 10345 03/08/2023 IRS -PAYROLL TAXES 146.65 10346 03/09/2023 KIMLEY HORN & ASSOC INC 42,359.19 10347 03/09/2023 TIMOTHY ROSE CONTRACTING INC 588,794.90 10348 03/09/2023 TOWN OF INDIAN RIVER SHORES 8,348.92 10349 03/09/2023 HEALTH ADVOCATE SOLUTIONS INC 1,975.20 10350 03/09/2023 HEALTH ADVOCATE SOLUTIONS INC 1,544.40 Grand Total: 5,447,900.96 23 MOB JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 27t' 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: March 16, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 10, 2023 to March 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 March 10, 2023 to March 16, 2023. 24 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 434050 03/10/2023 CRAIG RAPPEL 28.39 434051 03/10/2023 FRANK OCCHIOGROSSO 3,329.90 434052 03/10/2023 MC DONALDS CORP # 7454 333.65 434053 03/10/2023 SPIRIT HALLOWEEN 27.80 434054 03/10/2023 ACTION RENTALS HOLDINGS LLC 207.58 434055 03/10/2023 MERLENE MILLS 4,010.49 434056 03/10/2023 JULIA MANNING 21.08 434057 03/10/2023 DIANE LIVOTI 45.28 434058 03/10/2023 WJH LLC 172.34 434059 03/16/2023 AT&T WIRELESS 157.34 434060 03/16/2023 AT&T WIRELESS 106.29 434061 03/16/2023 EDLUND DRITENBAS BINKLEY ARCHITECTS 18,050.00 434062 03/16/2023 BAKER DISTRIBUTING CO LLC 262.08 434063 03/16/2023 ATKINS NORTH AMERICA INC 10,257.17 434064 03/16/2023 CLERK OF CIRCUIT COURT 374.26 434065 03/16/2023 AT&T CORP 1,278.45 434066 03/16/2023 INTERNATIONAL GOLF MAINTENANCE INC 1,980.00 434067 03/16/2023 FLORIDA POWER AND LIGHT 1,134.61 434068 03/16/2023 AMERON HOMES INC 7,906.99 434069 03/16/2023 SUNSHINE STATE ONE CALL OF FL INC 1,667.51 434070 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 250.00 434071 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 434072 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 434073 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434074 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434075 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434076 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434077 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434078 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434079 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434080 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434081 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434082 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434083 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 434084 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434085 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434086 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434087 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434088 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434089 03/16/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434090 03/16/2023 GROZA BUILDERS INC 8.91 434091 03/16/2023 CELICO PARTNERSHIP 7,031.63 434092 03/16/2023 MICHAEL WYATT 75.00 434093 03/16/2023 JOBEAR CONTRACTING INC 14,014.16 434094 03/16/2023 DIVOSTA HOMES LP 1,401,847.33 434095 03/16/2023 SOCIETY FOR HUMAN RESOURCE MGMT 244.00 434096 03/16/2023 FRANCIS KELLY III 80.78 434097 03/16/2023 THOMPSONS REMODELING & HOME REPAIR INC 11,000.00 434098 03/16/2023 GFA INTERNATIONAL INC 753.00 434099 03/16/2023 CALDWELL PACETTI EDWARDS 5,145.20 434100 03/16/2023 SOUTHERN MANAGEMENT LLC 2,462.40 434101 03/16/2023 NAPIER & ROLLIN PLLC 520.00 434102 03/16/2023 ANFIELD CONSULTING GROUP INC 10,000.00 434103 03/16/2023 SHEILA O'SULLIVAN 6.00 434104 03/16/2023 CENTERLINE UTILITIES INC 186,852.89 434105 03/16/2023 CHANGE HEALTHCARE LLC 42,194.31 434106 03/16/2023 CKA LLC 19,216.50 434107 03/16/2023 RAYMOND BAKER 75.00 25 TRANS NBR DATE VENDOR AMOUNT 434108 03/16/2023 SPIEZLE ARCHITECTURAL GROUP INC 443.50 434109 03/16/2023 JOHNSON-LAUX CONSTRUCTION LLC 275,100.73 434110 03/16/2023 DALE DOUGHERTY 840.03 434111 03/16/2023 JEFF WILKINS 867.71 434112 03/16/2023 GROUP ATLANTIC LLC 507.50 434113 03/16/2023 UTIL REFUNDS 42.68 434114 03/16/2023 UTIL REFUNDS 39.34 434115 03/16/2023 UTIL REFUNDS 66.51 434116 03/16/2023 UTIL REFUNDS 68.61 434117 03/16/2023 UTIL REFUNDS 51.98 434118 03/16/2023 UTIL REFUNDS 49.73 434119 03/16/2023 UTIL REFUNDS 33.14 434120 03/16/2023 UTIL REFUNDS 196.87 434121 03/16/2023 UTIL REFUNDS 30.62 434122 03/16/2023 UTIL REFUNDS 30.84 434123 03/16/2023 UTIL REFUNDS 48.00 434124 03/16/2023 UTIL REFUNDS 27.25 434125 03/16/2023 UTIL REFUNDS 76.27 434126 03/16/2023 UTIL REFUNDS 79.52 434127 03/16/2023 UTIL REFUNDS 83.21 434128 03/16/2023 UTIL REFUNDS 79.38 434129 03/16/2023 UTIL REFUNDS 27.24 434130 03/16/2023 UTIL REFUNDS 39.91 434131 03/16/2023 UTIL REFUNDS 17.30 434132 03/16/2023 UTIL REFUNDS 29.96 434133 03/16/2023 UTIL REFUNDS 6.91 434134 03/16/2023 UTIL REFUNDS 46.00 434135 03/16/2023 UTIL REFUNDS 62.74 434136 03/16/2023 UTIL REFUNDS 32.74 434137 03/16/2023 UTIL REFUNDS 23.90 434138 03/16/2023 UTIL REFUNDS 60.04 434139 03/16/2023 UTIL REFUNDS 87.96 434140 03/16/2023 UTIL REFUNDS 126.91 434141 03/16/2023 UTIL REFUNDS 81.93 434142 03/16/2023 UTIL REFUNDS 70.11 434143 03/16/2023 UTIL REFUNDS 40.74 434144 03/16/2023 UTIL REFUNDS 30.87 434145 03/16/2023 UTIL REFUNDS 73.70 434146 03/16/2023 UTIL REFUNDS 176.14 434147 03/16/2023 UTIL REFUNDS 85.54 434148 03/16/2023 UTIL REFUNDS 34.17 434149 03/16/2023 UTIL REFUNDS 20.72 434150 03/16/2023 UTIL REFUNDS 82.51 434151 03/16/2023 UTIL REFUNDS 39.50 434152 03/16/2023 UTIL REFUNDS 37.83 434153 03/16/2023 UTIL REFUNDS 81.77 434154 03/16/2023 UTIL REFUNDS 74.87 434155 03/16/2023 UTIL REFUNDS 84.04 434156 03/16/2023 UTIL REFUNDS 73.04 434157 03/16/2023 UTIL REFUNDS 33.91 434158 03/16/2023 UTIL REFUNDS 36.58 434159 03/16/2023 UTIL REFUNDS 63.55 434160 03/16/2023 UTIL REFUNDS 35.08 434161 03/16/2023 UTIL REFUNDS 42.34 434162 03/16/2023 UTIL REFUNDS 73.12 434163 03/16/2023 UTIL REFUNDS 85.52 434164 03/16/2023 UTIL REFUNDS 11.01 434165 03/16/2023 CLEMENTS PEST CONTROL 125.00 434166 03/16/2023 PORT CONSOLIDATED INC 8,985.54 434167 03/16/2023 LENGEMANN CORP 795.15 26 2 TRANS NBR DATE VENDOR AMOUNT 434168 03/16/2023 TEN -8 FIRE EQUIPMENT INC 389.08 434169 03/16/2023 VERO CHEMICAL DISTRIBUTORS INC 160.65 434170 03/16/2023 RICOH USA INC 35.19 434171 03/16/2023 HENRY SCHEIN INC 5,702.16 434172 03/16/2023 SAFETY PRODUCTS INC 5.40 434173 03/16/2023 DATA FLOW SYSTEMS INC 3,656.00 434174 03/16/2023 GRAINGER 373.29 434175 03/16/2023 KELLY TRACTOR CO 15,068.75 434176 03/16/2023 APPLE INDUSTRIAL SUPPLY CO 61.65 434177 03/16/2023 WILD LAND ENTERPRISES INC 14.70 434178 03/16/2023 LFI FORT PIERCE INC 567.03 434179 03/16/2023 AVERY DENNISON CORPORATION 1,623.84 434180 03/16/2023 KSM ENGINEERING & TESTING INC 779.90 434181 03/16/2023 BOUND TREE MEDICAL LLC 8,133.65 434182 03/16/2023 TIRESOLES OF BROWARD INC 54.24 434183 03/16/2023 MYRON L COMPANY 494.96 434184 03/16/2023 BRANDTS APPLIANCE SERVICE INC 125.00 434185 03/16/2023 MIDWEST TAPE LLC 5,925.60 434186 03/16/2023 NEWSBANK INC 23,768.00 434187 03/16/2023 CENGAGE LEARNING INC 80.22 434188 03/16/2023 JIMMYS AIR & REFRIGERATION INC 6,102.69 434189 03/16/2023 GO COASTAL INC 110.80 434190 03/16/2023 INFO USA MARKETING INC 485.00 434191 03/16/2023 CITY OF VERO BEACH 474.62 434192 03/16/2023 APPLE MACHINE & SUPPLY CO 637.40 434193 03/16/2023 HOME DEPOT USA INC 144.90 434194 03/16/2023 TREASURE COAST REGIONAL PLANNING 1,380.40 434195 03/16/2023 LIVINGSTON PAGE 75.00 434196 03/16/2023 HENRY FISCHER & SONS INC 885.00 434197 03/16/2023 ROGER CLEVELAND GOLF INC 3,373.35 434198 03/16/2023 ACUSHNET COMPANY 3,819.68 434199 03/16/2023 WEST PUBLISHING CORPORATION 202.32 434200 03/16/2023 FEDERAL EXPRESS CORP 94.12 434201 03/16/2023 ATHENS TECHNICAL SPECIALISTS INC 728.58 434202 03/16/2023 COMO OIL COMPANY OF FLORIDA 385.15 434203 03/16/2023 TIMOTHY ROSE CONTRACTING INC 26,745.71 434204 03/16/2023 CALLAWAY GOLF SALES COMPANY 10,720.83 434205 03/16/2023 FLORIDA POWER AND LIGHT 25,757.61 434206 03/16/2023 GIFFORD YOUTH ACHIEVEMENT CENTER INC 6,154.51 434207 03/16/2023 CITY OF FELLSMERE 9,000.81 434208 03/16/2023 CITY OF FELLSMERE 205.06 434209 03/16/2023 PEACE RIVER ELECTRIC COOP INC 246.68 434210 03/16/2023 NEW HORIZONS OF THE TREASURE COAST 29,379.50 434211 03/16/2023 LANGUAGE LINE SERVICES INC 161.69 434212 03/16/2023 TREASURE COAST SPORTS COMMISSION INC 6,178.12 434213 03/16/2023 HENRY SMITH 75.00 434214 03/16/2023 INDIAN RIVER COUNTY HISTORICAL 7,160.00 434215 03/16/2023 JOHN BROWN & SONS INC 1,875.00 434216 03/16/2023 CHILDRENS HOME SOCIETY OF FL 5,088.65 434217 03/16/2023 INTERNATIONAL CODE COUNCIL INC 800.25 434218 03/16/2023 BRIDGESTONE AMERICAS INC 859.33 434219 03/16/2023 RECHTIEN INTERNATIONAL TRUCKS 224.95 434220 03/16/2023 TRANE US INC 2,812.60 434221 03/16/2023 HULETT ENVIRONMENTAL SERVICES 58.50 434222 03/16/2023 CINTAS CORPORATION NO 2 92.31 434223 03/16/2023 CINTAS CORPORATION NO 2 442.80 434224 03/16/2023 BIG BROTHERS AND BIG SISTERS 9,057.64 434225 03/16/2023 FASTENAL COMPANY 906.65 434226 03/16/2023 BRIDGESTONE GOLF INC 2,405.87 434227 03/16/2023 THE SHERWIN WILLIAMS CO 298.67 27 TRANS NBR DATE VENDOR AMOUNT 434228 03/16/2023 SOUTHERN JANITOR SUPPLY INC 5,161.13 434229 03/16/2023 OCLC ONLINE COMPUTER LIBRARY CENTER 500.20 434230 03/16/2023 GLOVER OIL COMPANY INC 51,549.93 434231 03/16/2023 GERELCOM INC 16,865.00 434232 03/16/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,265.40 434233 03/16/2023 MENTAL HEALTH ASSOCIATION IRC INC 6,837.68 434234 03/16/2023 REDLANDS CHRISTIAN MIGRANT ASSOC 6,878.93 434235 03/16/2023 INDIAN RIVER SOCCER ASSOCIATION 3,500.00 434236 03/16/2023 SOUTHEAST SECURE SHREDDING 34.98 434237 03/16/2023 NICOLACE MARKETING INC 840.00 434238 03/16/2023 SOUTHEAST POWER SYSTEMS OF ORLANDO 2,139.12 434239 03/16/2023 TORRES ELECTRICAL SUPPLY COMPANY INC 19,517.00 434240 03/16/2023 OVERDRIVE INC 3,279.52 434241 03/16/2023 GFA INTERNATIONAL INC 25,243.75 434242 03/16/2023 CARDINAL HEALTH 110 INC 926.17 434243 03/16/2023 MUNICIPAL EMERGENCY SERVICES INC 907.12 434244 03/16/2023 O SPORTSWEAR LLC 2,948.40 434245 03/16/2023 STS MAINTAIN SERVICES INC 21,328.50 434246 03/16/2023 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 434247 03/16/2023 SYLVIA MILLER 28.00 434248 03/16/2023 ADAM HELTEMES 98.75 434249 03/16/2023 VENMILL INDUSTRIES INC 1,485.00 434250 03/16/2023 A GREAT FENCE LLC 1,160.00 434251 03/16/2023 UNIFIRST CORPORATION 933.31 434252 03/16/2023 WILSON SPORTING GOODS CO 3,723.36 434253 03/16/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 424.18 434254 03/16/2023 BARSALOU VENTURES LLC 31.00 434255 03/16/2023 EASTERN PIPELINE CONSTRUCTION INC 1,775.00 434256 03/16/2023 CDW LLC 480.84 434257 03/16/2023 KEMPFER SAWMILL INC 2,335.00 434258 03/16/2023 DEBBIE CARSON 100.00 434259 03/16/2023 MATHESON TRI-GAS INC 5,174.00 434260 03/16/2023 COLE AUTO SUPPLY INC 39.87 434261 03/16/2023 ROY I SMITH 150.00 434262 03/16/2023 KONICA MINOLTA BUSINESS SOLUTIONS 517.01 434263 03/16/2023 DAY DREAMS UNIFORMS INC 96.45 434264 03/16/2023 FLORIDA BULB & BALLAST INC 7,257.30 434265 03/16/2023 DAVE FORD PAINTING INC 650.00 434266 03/16/2023 CALVIN GIORDANO & ASSOCIATES INC 13,196.25 434267 03/16/2023 CORE & MAIN LP 7,436.76 434268 03/16/2023 TRAFFIC SUPPLIES & DISTRIBUTION LLC 580.98 434269 03/16/2023 DIRECTV GROUP INC 97.14 434270 03/16/2023 HANLEX VERO BEACH LLC 111,000.00 434271 03/16/2023 AMAZON CAPITAL SERVICES INC 3,710.68 434272 03/16/2023 TREASURE COAST PLUMBING LLC 206.00 434273 03/16/2023 JORDAN POWER EQUIPMENT CORP 443.81 434274 03/16/2023 MULLINAX FORD OF VERO BEACH 1,037.54 434275 03/16/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 267.80 434276 03/16/2023 BLUE GOOSE CONSTRUCTION LLC 3,455.83 434277 03/16/2023 STAPLES INC 161.07 434278 03/16/2023 LOWES COMPANIES INC 1,837.04 434279 03/16/2023 TOTAL GOLF CART LLC 82.49 434280 03/16/2023 THEODORE SEMI 225.00 434281 03/16/2023 QUADMED INC 3,243.52 434282 03/16/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 650.00 434283 03/16/2023 J-MAC CLEANING SERVICES INC 433.33 434284 03/16/2023 BRITTON INDUSTRIES INC 307.37 434285 03/16/2023 VATLAND CDJR LLC 3,276.87 434286 03/16/2023 JUNIPER LANDSCAPING OF FLORIDA LLC 2,487.00 434287 03/16/2023 VERO COLLISION 11 LLC 1,596.40 w TRANS NBR DATE VENDOR AMOUNT 434288 03/16/2023 HIREQUEST LLC 3,967.86 434289 03/16/2023 PETERBILT STORE SOUTH FLORIDA LLC 367.17 434290 03/16/2023 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 434291 03/16/2023 CER SIGNATURE CLEANING LLC 1,800.00 434292 03/16/2023 MARUBENI AMERICA CORPORATION 4,142.57 434293 03/16/2023 DOBBS EQUIPMENT LLC 2,171.82 434294 03/16/2023 BTAC HOLDING CORP 4,660.50 434295 03/16/2023 ERGOFLEX SYSTEMS INC 61,367.75 434296 03/16/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 919.40 434297 03/16/2023 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 434298 03/16/2023 STERLING CUT GLASS CO INC 449.98 434299 03/16/2023 M JARED SMITH 260.00 434300 03/16/2023 XEROX CORPORATION 1,992.03 434301 03/16/2023 BLUETARP FINANCIAL INC 15.00 434302 03/16/2023 DIGITAL DATA SERVICES INC 1,485.00 434303 03/16/2023 DONNA W ROBERTS 180.00 434304 03/16/2023 JORDAN PARKER 120.00 434305 03/16/2023 TRAVIS WADDELL 14,400.00 434306 03/16/2023 NICOLE ALBANO 30.00 434307 03/16/2023 DALE COOPER LLC 42,846.00 434308 03/16/2023 BAY COUNTY BOCC 83.00 434309 03/16/2023 SAXON BUSINESS SYSTEMS INC 376.20 434310 03/16/2023 UTIL REFUNDS 77.17 434311 03/16/2023 UTIL REFUNDS 40.50 434312 03/16/2023 UTIL REFUNDS 19.37 434313 03/16/2023 UTIL REFUNDS 25.91 434314 03/16/2023 UTIL REFUNDS 62.60 434315 03/16/2023 UTIL REFUNDS 77.08 434316 03/16/2023 UTIL REFUNDS 25.12 434317 03/16/2023 UTIL REFUNDS 43.57 434318 03/16/2023 UTIL REFUNDS 7.42 434319 03/16/2023 UTIL REFUNDS 39.68 434320 03/16/2023 UTIL REFUNDS 220.84 434321 03/16/2023 UTIL REFUNDS 68.50 434322 03/16/2023 UTIL REFUNDS 309.61 434323 03/16/2023 UTIL REFUNDS 17.78 434324 03/16/2023 UTIL REFUNDS 71.71 434325 03/16/2023 UTIL REFUNDS 30.72 434326 03/16/2023 UTIL REFUNDS 16.22 434327 03/16/2023 UTIL REFUNDS 215.69 434328 03/16/2023 UTIL REFUNDS 5.94 434329 03/16/2023 UTIL REFUNDS 77.07 434330 03/16/2023 UTIL REFUNDS 2.94 434331 03/16/2023 UTIL REFUNDS 31.84 434332 03/16/2023 UTIL REFUNDS 78.02 434333 03/16/2023 UTIL REFUNDS 38.49 434334 03/16/2023 UTIL REFUNDS 50.92 434335 03/16/2023 UTIL REFUNDS 68.44 434336 03/16/2023 UTIL REFUNDS 72.46 434337 03/16/2023 UTIL REFUNDS 81.23 434338 03/16/2023 UTIL REFUNDS 51.98 434339 03/16/2023 UTIL REFUNDS 4.20 434340 03/16/2023 UTIL REFUNDS 84.88 434341 03/16/2023 UTIL REFUNDS 32.04 434342 03/16/2023 UTIL REFUNDS 11.44 434343 03/16/2023 UTIL REFUNDS 78.15 434344 03/16/2023 UTIL REFUNDS 352.52 434345 03/16/2023 UTIL REFUNDS 75.32 434346 03/16/2023 UTIL REFUNDS 4.09 434347 03/16/2023 UTIL REFUNDS 93.51 29 TRANS NBR DATE 434348 03/16/2023 434349 03/16/2023 434350 03/16/2023 434351 03/16/2023 434352 03/16/2023 434353 03/16/2023 434354 03/16/2023 434355 03/16/2023 434356 03/16/2023 Grand Total: VENDOR AMOUNT UTIL REFUNDS 78.94 UTIL REFUNDS 39.48 UTIL REFUNDS 36.64 UTIL REFUNDS 30.82 UTIL REFUNDS 43.30 BRIAN FREEMAN 197.37 MICHAEL KING 640.58 FLORIDA WATER RESOURCES CONFERENCE INC 925.00 CRAWFORD MARKETING AND CONSULTING INC 140.00 2,784,025.85 30 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 902536 03/10/2023 902537 03/16/2023 Grand Total: VENDOR MRI SOFTWARE LLC SREIT LEXINGTON CLUB LLC AMOUNT 20,967.84 109.00 21,076.84 31 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020438 03/13/2023 AT&T CORP 6.85 1020439 03/13/2023 AT&T CORP 5.99 1020440 03/13/2023 AT&T CORP 2,056.79 1020441 03/13/2023 OFFICE DEPOT INC 637.25 1020442 03/13/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 500.00 1020443 03/13/2023 COMCAST 284.95 1020444 03/13/2023 WASTE MANAGEMENT INC OF FLORIDA 1,109.10 1020445 03/13/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,000.00 1020446 03/16/2023 INDIAN RIVER OXYGEN INC 2,663.25 1020447 03/16/2023 RING POWER CORPORATION 442.05 1020448 03/16/2023 DEMCOINC 68.80 1020449 03/16/2023 MIKES GARAGE & WRECKER SERVICE INC 175.00 1020450 03/16/2023 GALLS LLC 1,494.74 1020451 03/16/2023 WORLD INDUSTRIAL EQUIPMENT INC 3,040.00 1020452 03/16/2023 GROVE WELDERS INC 645.77 1020453 03/16/2023 AUTO PARTNERS LLC 118.98 1020454 03/16/2023 NEXAIR LLC 131.18 1020455 03/16/2023 EFE INC 1,445.69 1020456 03/16/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 931.49 1020457 03/16/2023 CARLON INC 980.20 1020458 03/16/2023 FIRST HOSPITAL LABORATORIES INC 3.00 Grand Total: 22,741.08 32 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10351 03/10/2023 KIMLEY HORN & ASSOC INC 35,000.00 10352 03/10/2023 PUBLIC DEFENDER 6,965.91 10353 03/10/2023 FLORIDA DEPARTMENT OF REVENUE 3,343.66 10354 03/10/2023 FLORIDA DEPARTMENT OF REVENUE 1,488.47 10355 03/10/2023 FLORIDA DEPARTMENT OF REVENUE 2,016.04 10356 03/10/2023 RX BENEFITS INC 201,771.85 10357 03/10/2023 RX BENEFITS INC 283,566.89 10358 03/10/2023 APTIM CORP 19,475.58 10359 03/10/2023 ATLAS ORGANICS INDIAN RIVER LLC 496,019.84 10360 03/13/2023 IRS -PAYROLL TAXES 11,488.85 10361 03/14/2023 HUMANE SOCIETY 43,000.00 10362 03/14/2023 FLORIDA DEPARTMENT OF REVENUE 41,243.40 10363 03/14/2023 SENIOR RESOURCE ASSOCIATION 30,970.00 10364 03/16/2023 KIMLEY HORN & ASSOC INC 14,000.00 10365 03/16/2023 CITY OF SEBASTIAN 29,137.64 10366 03/16/2023 WRIGHT EXPRESS FSC 32,589.26 10367 03/16/2023 RX BENEFITS INC 283,089.78 Grand Total: 1,535,167.17 33 0qj JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 Telephone: (772) 226-1516 CPA, CGFO, CGMA TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Elissa Nagy, Chief Deputy of Finance THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: March 10, 2023 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 12/31/2022 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the first quarter of fiscal year 2023. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on March 9, 2023. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. 34 m a v LL Q V C C xx xag x x LL A C r O N O m N N p Np N N O O O c x m q u > O'd0 O > l7 v N > o o u a ut Q y y E E d N IA IA O o 1A m m W t° O O N to w m O V V O m ato m N N W N of O\ N N N r1 N ti 0 0 0 0 0 0 E E E E E E 0 0 0 E E E N N d m m m m m m m 1lt O t0 °t N T 00 Op N 00 OD of N �"� � NN N N m N N m w 00 Vf pp O O O w m N N OO O O tD b Dd Ol tp N m N N> N m N N N H N N 1° C N O 16 Lr N O' N H N e -I T 00 M N N V' 00 00 N N Vf N 00 N N OD O m Vf 00 01 tO m N OD m N Ol m 1D 01 N N N O N N N N O O O NN N of q of 00 It m m O S S -f N N a n OD to m w to 10 LD S O N N 1p `-' 00 m ` N N .... ........ 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Q oW O L 6 L Vryry 6 M 9 W C N � 6 m a v n Ui moms (ni ao^ c neaSno o. -i. -i o0 N N 4�D N m 000 N N .00N m m .+nnNm eto°� N N O 00 N of 00 0 0 0 O O d Y CA C d C � O Y Z a m X 'O A i d LL C y X d C d r m d ` x 3 n' 10 0 cc fi d m f W N c LL v �up Y w m m m m m y m m r m r LL o m m m m o `m m o m o r >> r > r LO M LL Q V C C d LL A d x r `0 r T C j y T O c x m q u > O'd0 O > l7 v N > o d L ut Q y y E E d N IA IA O o 1A m m L L L L L L L L L L L L 0 0 0 0 0 0 E E E E E E 0 0 0 E E E 0 0 0 E E E m m m m m m m m m mm m n Ui moms (ni ao^ c neaSno o. -i. -i o0 N N 4�D N m 000 N N .00N m m .+nnNm eto°� N N O 00 N of 00 0 0 0 O O d Y CA C d C � O Y Z a m X 'O A i d LL C y X d C d r m d ` x 3 n' 10 0 cc fi d m f W N c LL v �up Y w m m m m m y m m r m r LL o m m m m o `m m o m o r >> r > r LO M JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 Telephone: (772) 226-1516 TO: Board of County Commissioners FROM: Elissa Nagy, Chief Deputy of Finance THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: March 10, 2023 6� �bOOUNTy '• • V`l�4 � COG u� w g'�R�n.nn 6'J6� SUBJECT: Quarterly Investment Report for Quarter Ending 12/31/2022 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the first quarter of fiscal year 2023. This report was reviewed by our investment advisory committee on March 9, 2023. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. 36 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271b Street Vero Beach, FL 32960 Telephone: (772) 226-1516 Indian River County Investment Advisory Committee Quarterly Investment Report October 1, 2022 through December 31, 2022 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court & Comptroller. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, and recommend investment strategies. The Committee consists of the County Administrator, or his designee, and a minimum of two qualified citizens with investment or financial management expertise. Kristin Daniels, Budget Director, is the County Administrator's designee. The individuals with investment expertise who have agreed to serve are: David W. Griffis, Founding Principal Vero Beach Global Advisors, Ted Libby, Senior Portfolio Manager with Cypress Capital Group; and Bill Penney, President & CEO of Marine Bank and Trust Company. Also present at the meetings are the Clerk of the Circuit Court & Comptroller, Finance Director, and Internal Audit Director. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, surplus funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F. S. 163.0 1, Certificates of Deposit (CDs), Money Market Funds, and Repurchase Agreements. QUARTERLY AVERAGE YIELD The overall average yield for the quarter ended December 31, 2022 was 1.79%. The overall average yield for the quarter ended September 30, 2022 was 1.09%. 37 INVESTMENT ACTIVITY As of December 31, 2022, the investments portfolio book value was $560,919,047 with a market value of $550,938,314. Of the $560,919,047 portfolio total, $411,531,514 is restricted for the following purposes: $ 155,380,988 Special revenue projects $ 742,530 Debt service $ 86,463,565 Capital projects $ 164,988,559 Business -type activities 3,955,872 Fiduciary funds $ 411,531,514 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Fiduciary Special Business- 1.0% Revenue Type 37.8% 40.0 Debt Service Capital 0.2% Projects 21.0% The weighted average maturity of the treasury and agency investments as of December 31, 2022 is 13 months. Coupon yields on the individual investments ranged from 0.10% to 5.40%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending December 31, 2022: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) W 06r 1 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type December 31, 2022 12/31/22 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value FFCB Bullet 3133ENBT6 0.180% 11/23/21 01/25/23 0.07 0.308% $ 3,000,000.00 $ 2,995,500.00 FFCB Callable 3133EMQH8 0.110% 02/10/21 02/10/23 0.31 0.110% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRQ7 0.100% 03/17/21 02/24/23 1135 0.156% $ 3,000,000.00 $ 2,996,760.00 FFCB Bullet 3133EMSS2 0.125% 05/07/21 03/09/23 M19 0.152% $ 3,000,000.00 $ 2,998,500.00 FFCB Callable 3133EMSM 0.140% 03/10/21 03/10/23 0.19 0.140% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMG97 0.140% 07/01/21 05/09/23 035 0.225% $ 3,000,000.00 $ 2,995,260.00 FFCB Bullet 3133EMYX4 0.125% 05/10/21 05/10/23 0.36 0.160% $ 3,000,OOD.00 $ 2,997,900.00 FFCB Callable 3133EMKG6 0.200% 12/15/20 06/15/23 OAS 0.200% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMS37 0.125% 11/16/21 07/14/23 033 0.429% $ 3,000,000.00 $ 2,984,940.00 FFCB Callable 3133EL5J9 0.300% 12/03/21 09/01/23 0.67 0.503% $ 3,000,000.00 $ 2,989,440.00 FFCB Bullet 3133ENAL4 0.290% 12/03/21 10/12/23 0.78 0.578% $ 3,000,000.00 $ 2,984,070.00 FFCB Callable 3133ENBN9 0.340% 10/20/21 10/20/23 0.80 0.340% $ 3,000,000.00 $ 3,000,OD0.00 FFCB Bullet 3133ENNJS 1.180% 02/09/22 02/09/24 L11 1.180% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRZ7 0.250% 09/14/21 02/26/24 ,1.16 0.291% $ 3,000,000.00 $ 2,997,000.00 FFCB Callable 3133ENQX1 1.670% 03/08/22 03/08/24 'L19 1.670% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133ENCVO 0.670% 11/02/21 05/02/24 L34 0.670% $ 3,000,ODO.00 $ 3,000,000.00 FFCB Bullet 3133ENG20 3.300% 11/07/22 08/15/24 L62 4.787% $ 3,000,000.00 $ 2,924,910.00 FFCB Callable 3133ENQC7 1.940% 03/03/22 09/03/24 L68 1.940% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133ENS68 4.620% 10/17/22 10/17/24 1.80 4.620% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133ENCA6 0.700% 10/25/21 10/25/24 L82 0.700% $ 3,000,000.00 $ 3,000,000.00 $ 59,000,000.00 $ 58,864,280.00 10.50% FHLB Bullet 3130ALRG1 0.125% 12/03/21 03/17/23 0.21 - 0.351% $ 3,000,000.00 $ 2,991,300.00 FHLB Callable 3130AMSP3 0.180% 04/28/21 04/28/23 0.32 0.180% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130AMRYO 0.125% 07/09/21 06/02/23 0.42 0.183% $ 3,000,000.00 $ 2,996,700.00 FHLB Callable 313OAKL38 - 0.155% 12/30/20 06/30/23 0.50 0.155% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AN7N4 0.220% 08/10/21 08/10/23 0.61 0.220% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130AIXD6 0.125% 09/28/21 09/08/23 0.69 0.275% $ 3,000,000.00 $ 2,991,300.00 FHLB Callable 313OAQDWO 0.650% 12/29/21 12/29/23 0.99 0.650% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 313OAQ5T6 0.750% 12/29/21 12/29/23 0.99 0.750% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANFPO 0950% 06/23/21 02/23/24 1.15 0.350% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APXNO 0.820% 12/14/21 03/14/24 1.20 0.820% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ARNK3 2.625% 04/29/22 04/26/24 1.32 2.625% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMV33 0.300% 06/29/21 04/29/24 1.33 0.300% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMMM1 0.375% 06/03/21 06/03/24 1.42 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMLM2 0.375% 06/07/21 06/07/24 1.44 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMIO(9 0.400% 06/07/21 06/07/24 1.44 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKZ4 0.400% 06/10/21 06/10/24 1.44 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APYD3 0.900% 12/14/21 06/14/24 1.45 0.900% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMSFO 0.400% 07/01/21 06/28/24 1.49 0.471% $ 3,000,000.00 $ 2,993,700.00 FHLB Callable 3130AMXQO 0.475% 07/12/21 07/12/24 1.53 0.475% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMZBS 0.520% 07/12/21 07/12/24 1.53 0.520% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APQVO 1.000% 11/16/21 08/16/24 1.63 1.000% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APB52 1.000% 11/23/21 08/23/24 1.65 1.000% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANVA5 0.500% 09/10/21 09/10/24 1.70 0.500% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANRP7 0.500% 09/13/21 09/13/24 1.70 0.500% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 313OATT31 4.500% 11/07/22 30/03/24 1.76 4.817% S 3,000,000.00 $ 2,982,930.00 FHLB Callable 3130APAA3 0.555% 10/21/21 10/21/24 1.81 0.555% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ATME4 5.000% 10/27/22 01/27/25 2.08 5.000% $ 2,000,000.00 $ 2,000,000.00 $ 80,000,000.00 $ 79,955,930.00 14.26% FHLMCCallable 3134GW7EO 0.200% 11/16/20 02/16/23 0.13 0.200% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEQB 0.375% 11/24/21 04/20/23 0.30 0.398% $ 3,000,000.00 $ 2,999,040.00 FHLMC Callable 3134GXEXB 0.250% 12/02/20 06/01/23 0.42 0.250% 5 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAES4 0.250% 10/20/21 06/26/23 0.48 0.334% $ 3,000,000.00 $ 2,995,770.00 FHLMC Bullet 3137EAEV7 0.250% 11/22/21 08/24/23 0.65 0.433% $ 3,000,000.00 $ 2,990,400.00 FHLMC Bullet 3137EAEWS 0.250% 09/28/21 09/08/23 0.69 0.276% $ 3,000,000.00 $ 2,998,500.00 FHLMC Bullet 3137UEY1 0.125% 11/18/21 10/16/23 0.79 0.505% 5 3,000,000.00 $ 2,978,340.00 FHLMC Callable 3134GW6E1 0.320% 07/06/21 11/02/23 0.84 0.320% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEZB 0.250% 11/24/21 11/06/23 0.85 0.579% $ 3,000,000.00 $ 2,980,890.00 FHLMC Bullet 3137EAEZB 0.250% 10/06/21 11/06/23 0.85 0.286% $ 3,000,000.00 $ 2,997,750.00 FHLMC Callable 3134GXMM3 1.850% 03/22/22 03/22/24 1.22 1.850% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXPH1 2.020% 03/30/22 03/28/24 1.24 2.020% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GY2E3 5.000% 11/22/22 05/22/24 1.39 5.000% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXUHS 3.000% 05/27/22 05/24/24 1.40 3.000% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3134GY3X8 5.100% 11/30/22 08/30/24 1.67 5.104% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GXT61 4.000% 09/13/22 09/13/24 1.70 4.000% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GYA69 5.000% 12/27/22 09/27/24 1.74 5.005% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GX3D4 4.500% 09/30/22 09/30/24 1.75 4.500% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GXZJ6 3.500% 06/30/22 09/30/24 1.75 3.500% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GXB8 4.000% 07/18/22 10/18/24 1.80 4.000% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GXRCO 3.000% 06/05/22 11/05/24 1.85 3.000% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXSAB 5.250% 11./08/22 11/08/24 1.86 5.250% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GX6RO 5.400% 11/18/22 11/15/24 1.88 5.400% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXK86 4.000% 09/18/22 11/18/24 1.88 4.000% $ 2,000,000.00 $ 2,000,000.00 $ 65,000,000.00 $ 64,940,690.00 11.59% FNMA Bullet 3135G04Q3 0.250% 11/12/21 05/22/23- 0.39 0.375% $ 3,000,000.00 $ 2,994,300.00 FNMA Bullet 3135G04Q3 0.250% 03/18/22 05/22/23 0.39 1.540% $ 3,000,000.00 $ 2,955,000.00 FNMA Bullet 3135GOSG4 0.250% 09/29/21 07/10/23 0.52 0.250% $ 3,000,000.00 $ 3,000,000.00 FNMA Bullet 3135G05G4 0.250% 11/22/21 07/10/23 0.52 0.367% $ 3,000,000.00 $ 2,994,300.00 FNMA Callable 3135GOST6 0.350% 11/18/21 08/18/23 0.63 0.488% $ 3,000,000.00 $ 2,992,770.00 FNMA Callable 3136G471.1 0.350% .09/28/21 04/26/24 1.32 0.434% $ 3,000,000.00 $ 2,993,520.00 $ 18,000,000.00 $ 17,929,990.00 3.20% 1oft 06r 1 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type December 31, 2022 Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves Total Pooled Cash & Equivalents Restricted Cash - Housing Account Total Portfolio Note: See separate investment report for OPEB funds. 2 oft $ 8,788,644.94 1.57% $ 560,539,915.97 100.00% $379,131.24 $560,919,047.21 ME 12/31/22 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % Treasury Note 91282CBGS 0.125% 17/13/21 01/31/23 0.08 0.350% $ 3,000,000.00 $ 2,992,380.00 Treasury Note 91282CBGS 0.125% 10/26/21 01/31/23 0.08 0.212% $ 3,000,000.00 $ 2,996,700.00 Treasury Note 91282CBNO 0.125% 10/29/21 02/28/23 0.16 0.275% $ 3,000,000.00 $ 2,994,000.00 Treasury Note 912828ZDS 0.500% 02/15/22 03/15/23 0.20 1.217% $ 3,000,000.00 $ 2,977,031.25 Treasury Note 91282CBU4 0.125% 11/23/21 03/31/23 0.25 0.368% $ 3,000,000.00 $ 2,990,160.00 Treasury Note 912828ZH6 0.250% 02/14/22 04/15/23 0.29 1.220% $ 3,000,000.00 $ 2,966,250.00 Treasury Note 912828ZH6 0.250% 12/13/21 04/15/23 0.29 0.445% $ 3,000,000.00 $ 2,992,200.00 Treasury Note 91282CBXB 0.125% 10/26/21 04/30/23 0.33 0.311% $ 3,000,000.00 $ 2,991,600.00 Treasury Note 912828ZPS 0.125% 02/14/22 05/15/23 0}37 1.259% $ 3,000,000.00 $ 2,958,000.00 Treasury Note 912828ZY9 0.125% 05/17/21 07/15/23 0154 0.169% $ 6,000,000.00 $ 5,994,360.00 Treasury Note 912828592 1.250% 02/15/22 07/31/23 0168 1.392% $ 3,000,000.00 $ 2,993,850.00 Treasury Note 91282CCN9 0.125% 11/16/21 07/31/23 0,58 0.451% $ 3,000,000.00 $ 2,983,380.00 Treasury Note 91282CAFS 0.125% 05/26/21 08/15/23 0.62 0.175% $ 6,000,000.00 $ 5,993,400.00 Treasury Note 91282CCU3 0.125% 09/27/21 08/31/23 0.67 0.262% $ 4,000,000.00 $ 3,989,520.00 Treasury Note 91282CAK7 0.125% 05/20/21 09/15/23 0.71 - 0.181% $ 6,000,000.00 $ 5,992,200.00 Treasury Note 912828T26 1.375% 02/15/22 09/30/23 0.75 1.482% $ 3,000,000.00 $ 2,994,843.75 Treasury Note 91282CDA6 0.250% 10/19/21 09/30/23 0.75 0.405% $ 3,000,000.00 $ 2,991,000.00 Treasury Note 91282CAP6 0.125% 08/23/21 10/15/23 0.79 0.250% $ 3,000,000.00 $ 2,991,960.00 Treasury Note 91282CAP6 0.125% 11/16/21 10/15/23 0.79 0.499% $ 3,000,000.00 $ 2,978,700.00 Treasury Note 91282CDDO 0.375% 11/01/21 10/31/23 0.83 0.501% $ 3,000,000.00 $ 2,992,500.00 Treasury Note 91282CAW1 0.250% 09/27/21 11/15/23 0.87 0.306% $ 4,000,000.00 $ 3,995,200.00 Treasury Note 91282CBEO 0.125% 07/09/21 01/15/24 1.04 0.271% $ 3,000,000.00 $ 2,989,050.00 Treasury Note 91282CBEO 0.125% 11/16/21 01/15/24 1.04 0.596% $ 3,000,000.00 $ 2,969,700.00 Treasury Note 912828529 2.500% 12/13/22 01/31/24 1.08 4.675% $ 3,000,000.00 $ 2,928,699.00 Treasury Note 91282CDVO 0.875% 05/19/22 01/31/24 1.08 2.588% $ 2,000,000.00 $ 1,943,320.00 Treasury Note 91282CDVO 0.875% 03/23/22 01/31/24 1.08 2.158% $ 3,000,000.00 $ 2,930,190.00 Treasury Note 91282CBM2 0.125% 07/09/21 02/15/24 1.13 0.288% $ 3,000,000.00 $ 2,987,343.75 Treasury Note 91282CEA5 1.500% 03/23/22 02/29/24 1.16 2.154% $ 3,000,000.00 $ 2,962,968.75 Treasury Note 91282CBR1 0.250% 08/23/21 03/15/24 1.21 0.327% $ 3,000,000.00 $ 2,994,090.00 Treasury Note 91282CBR1 0.250% 10/19/21 03/15/24 1.21 0.547% $ 3,000,000.00 $ 2,978,700.00 Treasury Note 91282CBV2 0.375% 09/27/21 04/15/24 1.29 0.418% $ 4,000,000.00 $ 3,995,640.00 Treasury Note 91282CBV2 0.375% 10/19/21 04/15/24 1.29 0.572% $ 3,000,000.00 $ 2,985,450.00 Treasury Note 91282CEK3 2.500% 12/09/22 04/30/24 1.33 4.596% $ 3,000,000.00 $ 2,916,045.00 Treasury Note 91282CCC3 0.250% 12/03/21 05/15/24 1.37 0.770% $ 3,000,000.00 $ 2,962,170.00 Treasury Note 912820003 0.250% 08/23/21 05/15/24 1.37 0.375% $ 3,000,000.00 $ 2,989,860.00 Treasury Note 912828XT2 2.000% 04/07/22 OS/31/24 1.42 2.552% $ 3,000,000.00 $ 2,965,560.00 Treasury Note 91282CCL3 0.375% 10/08/21 07/15/24 1.54 0.500% $ 3,000,000.00 $ 2,989,710.00 Treasury Note 91282BY87 1.750% 12/13/22 07/31/24 1.58 4.529% $ 3,000,000.00 $ 2,870,100.00 Treasury Note 9128282N9 2.125% 11/30/22 07/31/24 1.58 4.642% 5 3,000,000.00 $ 2,880,000.00 Treasury Note 9128282N9 2.125% 07/19/22 07/31/24 1.58 3.157% $ 2,000,000.00 $ 1,959,660.00 Treasury Note 91282CCr6 0.375% 12/03/21 08/15/24 1.62 0.825% $ 3,000,000.00 $ 2,964,000.00 Treasury Note 9128282U3 1.875% 10/06/22 08/31/24 1.67 4.198% $ 2,000,000.00 $ 1,915,936.00 Treasury Note 9282CFQ9 4.375% 12/01/22 10/31/24 1.84 4.572% $ 3,000,000.00 $ 2,989,170.00 Treasury Note 9128283VO 2.500% 11/18/22 01/31/25 2.09 4.403% $ 3,000,000.00 $ 2,881,350.00 Treasury Note 91282CDZ1 1.500% 11/18/22 02/15/25 2.13 4.413% $ 3,000,000.00 $ 2,815,320.00 Treasury Note 912828ZC7 1.125% 11/30/22 02/28/25 2.16 4.398% $ 3,000,000.00 $ 2,791,875.00 Treasury Note 91282CED9 1.750% 12/01/22 03/15/25 2.21 4.446% $ 3,000,000.00 $ 2,825,859.38 Treasury Note 91282CEHO 2.625% 12/12/22 04/15/25 2.29 4.220% $ 3,000,000.00 $ 2,894,296.88 Treasury Note 9128284M9 2.875% 12/12/22 04/30/25 2.33 4.206% $ 3,000,000.00 $ 2,910,234.36 $ 156,000,000.00 $ 153,935,533.14 27,46% Regions Bank Money Market $ 12,127,799.10 2.17% Regions Bank Lockbox Accounts $ 1,184,351.42 0.21% TD Bank Checking Account $ 19,361,940.95 3.45% BankUnited Money Market $ 27,296,351.19 4.87% Valley National Bank Government Interest Checking $ 21,177,729.27 3.78% Marine Bank Business Money Market $ 5,010,784.96 0.89% Florida Trust Day to Day Fund $ 35,448,837.05 6.32% FL STAR $ 20,347,959.06 3.63% FL CLASS - BOCC Funds $ 34,169,194.89 6.10% Total General Cash & Equivalents - Unrestricted $ 551,7S3,27LO3 Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves Total Pooled Cash & Equivalents Restricted Cash - Housing Account Total Portfolio Note: See separate investment report for OPEB funds. 2 oft $ 8,788,644.94 1.57% $ 560,539,915.97 100.00% $379,131.24 $560,919,047.21 ME 41 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date December 31, 2022 17/31/22 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity MaturityPer Amount Book Value Mo Cash Flow FFCB Bullet 3133ENBT6 0.180% 11/23/21 01/25/23 0.07 0.308% 5 3,000,000.00 $ 2,995,500.00 Treasury Note 91282CBGS 0.125% 12/13/21 01/31/23 0.08 0.350% $ 3,000,000.00 $ 2,992,380.00 Treasury Note 91282CBGS 0.125% 10/26/21 01/31/23 0.08 0.212% $ 3,000,000.00 $ 2,996,700.00 $ 9,000,000.00 FFCB Callable 3133EMQH8 0.110% 02/10/21 02/10/23 0.11 0.110% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GW7E0 0.200% 11/16/20 02/16/23 0.13 0.200% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRQ7 0.100% 03/17/21 02/24/23 0.15 0.156% $ 3,000,000.00 $ 2,996,760.00 Treasury Note 91282CBN0 0.125% 10/29/21 02/28/23 0.16 0.275% $ 3,000,000.00 $ 2,994,000.00 $ 12,000,000.00 FFCB Bullet 3133EMSS2 0.125% 05/07/21 03/09/23 0.19 0.152% $ 3,000,000.00 $ 2,998,500.00 FFCB Callable 3133EMST0 0.140% 03/10/21 03/10/23 0.19 0.140% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828ZDS 0.500% 02/15/22 03/15/23 0.20 1.217% $ 3,000,000.00 $ 2,977,031.25 FHLB Bullet 3130ALRG3 0.125% 12/03/21 03/17/23 0.21 0.351% $ 3,000,000.00 $ 2,991,300.00 Treasury Note 91282CBU4 0.125% 11/23/21 03/31/23 0.25 0.368% $ 3,ODO,000.00 $ 2,990,160.00 $ 15,000,000.00 Treasury Note 912828ZH6 0.250% 12/13/21 04/15/23 0.29 0.445% $ 3,000,000.00 $ 2,992,200.00 Treasury Note 912828ZH6 0.250% 02/14/22 04/15/23 0.29 1.220% $ 3,000,000.00 $ 2,966,250.00 FHLMC Bullet 3137EAEQ8 0.375% 11/24/21 04/20/23 0.30 0.398% $ 3,000,000.00 $ 2,999,040.00 FHLB Callable 3130AMSP3 0.180% 04/28/21 04/28/23 0.32 0.180% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CBX8 0.125% 10/26/21 04/30/23 0.33 0.311% $ 3,000,000.00 $ 2,991,600.00 $ 15,000,000.00 FFCB Bullet 3133EMG97 0.140% 07/01/21 05/09/23 0.35 0.225% $ 3,000,000.00 $ 2,995,260.00 FFCB Bullet 3133EMYX4 0.125% 05/10/21 05/10/23 0.36 0.16096 $ 3,000,000.00 $ 2,997,900.00 Treasury Note 912828ZPB 0.125% 02/14/22 05/15/23 0.37 1.259% $ 3,000,000.00 $ 2,958,000.00 FNMA Bullet 3135G04Q3 0.250% 03/18/22 05/22/23 0.39 1.540% $ 3,000,000.00 $ 2,955,000.00 FNMA Bullet 3135G04Q3 0.250% 11/12/21 05/22/23 0.39 0.375% $ 3,000,000.00 $ 2,994,300.00 $ 15,000,000.00 FHLMC Callable 3134GXEXS 0.250% 12/02/20 06/01/23 0.42 0.250% $ 3,000,000.00 S 3,000,000.00 FHLB Bullet 3130AMRYO 0.125% 07/09/21 06/02/23 0.42 0.183% $ 3,000,000.00 $ 2,996,700.00 FFCB Callable 3133EMKG6 0.200% 12/15/20 06/15/23 0.45 0.200% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAES4 0.25096 10/20/21 06/26/23 0.48 0.334% $ 3,000,000.00 $ 2,995,770.00 FHLB Callable 3130AKL38 0.155% 12/30/20 06/30/23 0.50 0.155% $ 3,000,000.00 $ 3,000,000.00 $ 15,ODO,000.00 FNMA Bullet 3135G05G4 0.250% 09/29/21 07/10/23 0.52 0.250% $ 3,000,000.00 $ 3,000,000.00 FNMA Bullet 3135GOSG4 0.250% 11/22/21 07/10/23 0.52 0.367% 5 3,000,000.00 $ 2,994,300.00 FFCB Bullet 3133EMS37 0.125% 11/16/21 07/14/23 0.53 0.429% $ 3,000,000.00 $ 2,984,940.00 Treasury Note 912828ZY9 0.125% 05/17/21 07/15/23 0.54 0.169% 5 6,000,000.00 $ 5,994,360.00 Treasury Note 912828592 1.250% 02/15/22 07/31/23 0.58 1.392% $ 3,000,000.00 $ 2,993,850.00 Treasury Note 91282CCN9 0.125% 11/16/21 07/31/23 0.58 0.451% $ 3,000,000.00 $ 2,983,380.00 $ 21,000,000.00 FHLB Callable 3130AN7N4 0.220% 08/10/21 08/10/23 0.61 0.220% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CAF8 0.125% 05/26/21 08/15/23 0.62 0.175% $ 61000,000.00 $ 5,993,400.00 FNMACallable 3135GOST6 0.350% 11/18/21 08/18/23 0.63 0.488% $ 3,000,000.00 $ 2,992,770.00 FHLMC Bullet 3137EAEV7 0.250% 11/22/21 08/24/23 0.65 OA33% $ 3,000,000.00 $ 2,990,400.00 Treasury Note 91282CCU3 0.125% 09/27/21 08/31/23 0.67 0.262% $ 4,000,000.00 $ 3,989,520.00 $ 19,000,000.00 FFCB Callable 3133EL519 0.30096 12/03/21 09/01/23 0.67 0.503% $ 3,000,000.00 S 2,989,440.00 FHLB Bullet 3130AJXD6 0.125% 09/28/21 09/08/23 0.69 0.275% $ 3,000,000.00 $ 2,991,300.00 FHLMC Bullet 3137EAEWS 0.250% 09/28/21 09/08/23 0.69 0.276% $ 3,000,000.00 $ 2,998,500.00 Treasury Note 91282CAK7 0.125% 05/20/21 09/15/23 0.71 0.181% $ 6,000,000.00 $ 5,992,200.00 Treasury Note 91282BT26 1.375% 02/15/22 09/30/23 0.75 1.482% $ 3,000,000.00 $ 2,994,843.75 Treasury Note 91282CDA6 0.25096 10/19/21 09/30/23 0.75 0.405% $ 3,000,000.00 $ 2,991,000.00 $ 21,000,000.00 FFCB Bullet 3133ENAL4 0.290% 12/03/21 10/12/23 0.78 0.578% $ 3,000,000.00 $ 2,984,070.00 Treasury Note 91282CAP6 0.125% 08/23/21 10/15/23 0.79 0.250% $ 3,000,000.00 $ 2,991,960.00 Treasury Note 91282CAP6 0.125% 11/16/21 10/15/23 0.79 0.499% $ 3,000,000.00 $ 2,978,700.00 FHLMC Bullet 3137EAEY1 0.125% 11/18/21 10/16/23 0.79 0.505% $ 3,000,000.00 $ 2,978,340.00 FFCB Callable 3133ENBN9 0.340% 10/20/21 10/20/23 0.80 0.340% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CDD0 0.375% 11/01/21 10/31/23 0.83 0.501% $ 3,000,000.00 $ 2,992,500.00 $ 18,000,000.00 FHLMC Callable 3134GW6E1 0.320% 07/06/21 11/02/23 0.84 0.320% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEZ8 0.250% 10/08/21 11/06/23 0.85 0.286% $ 3,000,000.00 $ 2,997,750.00 FHLMC Bullet 3137EAEZB 0.250% 11/24/21 11/06/23 0.85 0.579% $ 3,000,000.00 $ 2,980,890.00 Treasury Note 91282CAW1 0.25096 09/27/21 11/15/23 0.87 0.306% $ 4,000,000.00 $ 3,995,200.00 $ 13,000,000.00 FHLB Callable 3130AQDW0 0.65096 12/29/21 12/29/23 0.99 0.650% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AQST6 0.750% 12/29/21 12/29/23 0.99 0.750% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 Treasury Note 91282CBE0 0.125% 07/09/21 01/15/24 1.04 0.271% $ 3,000,000.00 $ 2,989,050.00 Treasury Note 91282CRE0 0.125% 11/16/21 01/15/24 1.04 0.596% $ 3,000,000.00 $ 2,969,700.00 Treasury Note 9128285Z9 2.500% 12/13/22 01/31/24 1.08 4.675% $ 3,000,000.00 $ 2,928,699.00 Treasury Note 91282CDV0 0.875% 05/19/22 01/31/24 1.08 2.588% $ 2,000,000.00 $ 1,943,320.00 Treasury Note 91282CDV0 0.875% 03/23/22 01/31/24 1.08 2.158% $ 3,000,000.00 $ 2,930,190.00 $ 14,000,000.00 FFCB Bullet 3133ENNJS 1.180% 02/09/22 02/09/24 1.11 1.180% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CBM2 0.125% 07/09/21 02/15/24 1.13 0.288% $ 3,000,000.00 $ 2,987,343.75 FHLB Callable 3130ANFP0 0.350% 08/23/21 02/23/24 1.15 0.350% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRZ7 0.250% 09/14/21 02/26/24 1.16 0.291% $ 3,000,000.00 $ 2,997,000.00 Treasury Note 91282CEA5 1.500% 03/23/22 02/29/24 1.16 2.154% $ 3,000,000.00 $ 2,962,968.75 $ 15,000,000.00 FFCB Callable 3133ENQX1 1.670% 03/08/22 03/08/24 1.19 1.670% $ 3,000,000.00 $ 3,000,000.00 FH LB Callable 3130APXN0 0.820% 12/14/21 03/14/24 1.20 0.820% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CBR1 0.250% 10/19/21 03/15/24 1.21 0.547% $ 3,000,000.00 $ 2,978,700.00 Treasury Note 91282CBR1 0.250% 08/23/21 03/15/24 1.21 0.327% $ 3,000,000.00 $ 2,994,090.00 FHLMC Callable 3134GXMM3 1.850% 03/22/22 03/22/24 1.22 1.850% $ 3,000,000.00 $ 3,000,000.00 FH LMC Callable 3134GXPH1 2.020% 03/30/22 03/28/24 1.24 2.020% $ 3,000,000.00 $ 3,000,000.00 $ 18,000,000.00 Treasury Note 91282CBV2 0.375% 09/27/21 04/15/24 1.29 0.418% $ 4,0110,000.00 $ 3,995,640.00 Treasury Note 91282CBV2 0.375% 10/19/21 04/15/24 1.29 0.572% $ 3,000,000.00 $ 2,985,450.00 FNMA Callable 3136G47L1 0.350% 09/28/21 04/26/24 1.32 0.434% $ 3,000,000.00 $ 2,993,520.00 FHLB Callable 3130ARNK3 2.625% 04/29/22 04/26/24 1.32 2.625% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMV33 0.300% 06/29/21 04/29/24 1.33 0.300% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CEK3 2.500% 12/09/22 04/30/24 1.33 4.596% $ 3,000,000.00 $ 2,916,045.00 $ 19,000,000.00 FFCB Callable 3133ENCV0 0.670% 11/02/21 05/02/24 1.34 0.670% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CCC3 0.250% 12/03/21 05/15/24 1.37 0.770% $ 3,000,000.00 $ 2,962,170.00 Treasury Note 91282CCC3 0.250% 08/23/21 05/15/24 1.37 0.375% $ 3,000,000.00 $ 2,989,860.00 FHLMC Callable 3134GY2E1 5.000% 11/22/22 05/22/24 1.39 5.000% $ 3,000,000.00 S 3,000,000.00 FHLMC Callable 3134GXUH5 3.000% 05/27/22 05/24/24 1.40 3.000% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828XT2 2.000% 04/07/22 05/31/24 1.42 2.552% $ 3,000,000.00 $ 2,965,560.00 $ 18,000,000.00 FHLB Callable 3130AMMM1 0.375% 06/03/21 06/03/24 1.42 0.375% $ 3,000,000.00 S 3,000,000.00 I of 41 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date December 31, 2022 42 W& 12/31/22 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow FHLB Callable 3130AMLM2 0.375% 06/07/21 06/07/24 1.44 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKX9 0.400% 06/07/21 06/07/24 1.44 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKZ4 0.400% 06/10/21 06/10/24 1.44 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APYD1 0.900% 12/14/21 06/14/24 1.45 0.900% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMSFO 0.400% 07/01/21 06/28/24 1.49 0.471% $ 3,000,000.00 $ 2,993,700.00 $ 18,000,000.00 FHLB Callable 3130AMXQO 0.475% 07/12/21 07/12/24 1.53 0.475% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMZSS 0.520% 07/12/21 07/12/24 1.53 0.520% $ 3,000,000.00 $ 3,000,000.00 Treasury Nate 91282CCL3 0.375% 10/08/21 07/15/24 1.S4 0.500% $ 3,000,000.00 $ 2,989,710.00 Treasury Note 91282BY87 1.750% 12/13/22 07/31/24 1.58 4.529% $ 3,000,000.00 5 2,870,100.00 Treasury Note 9128282N9 2.125% 11/30/22 07/31/24 1.58 4.642% $ 3,000,000.00 $ 2,880,000.00 Treasury Note 9128282N9 2.125% 07/19/22 07/31/24 1.58 3.157% $ 2,000,000.00 $ 1,959,660.00 $ 17,000,000.00 Treasury Note 91282CCT6 0.375% 12/03/21 08/15/24 1.62 0.825% $ 3,000,000.00 $ 2,964,000.00 FFCB Bullet 3133ENG20 3.300% 11/07/22 08/15/24 1.62 4.787% $ 3,000,000.00 $ 2,924,910.00 FHLB Callable 3130APQVO 1.000% 11/16/21 08/16/24 1.63 1.000% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APBS2 1.000% 11/23/21 08/23/24 1.65 1.000% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GY3XB 5.100% 11/30/22 08/30/24 1.67 5.104% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 91282821.13 1.875% 10/06/22 08/31/24 1.67 4.198% $ 2,000,000.00 $ 1,915,936.00 $ 16,000,000.00 FFCB Callable 3133ENQC7 1.9417% 03/03/22 09/03/24 1.68 1.940% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANVA5 0.500% 09/10/21 09/10/24 1.70 0.500% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXT61 4.000% 09/13/22 09/13/24 1.70 4.000% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130ANRP7 0.500% 09/13/21 09/13/24 1.70 0.500% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GYA69 5.000% 12/27/22 09/27/24 1.74 5.005% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GX3D4 4.500% 09/30/22 09/30/24 1.75 4.500% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GX216 3.500% 06/30/22 09/30/24 1.75 3.500% $ 2,000,000.00 $ 2,000,000.00 $ 18,000,000.00 FHLB Bullet 3130ATF31 4.500% 11/07/22 10/03/24 1.76 4.817% $ 3,000,000.00 $ 2,982,930.00 FFCB Callable 3133ENS68 4.620% 10/17/22 10/17/24 1.80 4.620% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GXBB 4.000% 07/18/22 10/18/24 1.80 4.000% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130APAA3 0.555% 10/21/21 10/21/24 1.81 0.555% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ENCA6 0.700% 10/25/21 10/25/24 1.82 0.700% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 9282CFQ9 4.375% 12/01/22 10/31/24 1.84 4.572% $ 3,000,000.00 $ 2,989,170.00 $ 16,000,000.00 FHLMC Callable 3134GXRCO 3.000% 05/05/22 11/0S/24 1.85 3.000% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXSAB 5.250% 11/08/22 11/08/24 1.86 5.250% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GX6R0 5.400% 11/18/22 11/15/24 1.88 5.400% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXK86 4.000% 08/18/22 11/18/24 1.88 4.000% $ 2,0110,000.00 $ 2,000,000.00 $ 10,000,000.00 FHLB Callable 3130ATME4 5.000% 10/27/22 01/27/25 2.08 5.000% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 9128283VO 2.500% 11/18/22 01/31/25 2.09 4.403% $ 3,000,000.00 $ 2,881,350.00 $ 5,000,000.00 Treasury Note 91282CDZ1 1.500% 11/18/22 02/15/25 2.13 4.413% $ 3,000,000.00 $ 2,815,320.00 Treasury Note 912828ZC7 1.125% 11/30/22 02/28/25 2.16 4.398% $ 3,000,000.00 $ 2,791,875.00 $ 6,000,000.00 Treasury Note 91282CED9 1.750% 12/01/22 03/15/25 2.21 4.446% $ 3,000,000.00 $ 2,825,859.38 $ 3,000,000.00 Treasury Note 91282CEHO 2.625% 12/12/22 04/15/25 2.29 4.220% $ 3,000,000.00 $ 2,894,296.88 Treasury Note 9128284M9 2.875% 12/12/22 04/30/25 2.33 4.206% $ 3,000,000.00 $ 2,910,234.38 $ 6,000,000.00 Sub Total- General Investments $ 378,000,000.00 $ 375,626,323.14 $ 378,000,000.00 Regions Bank Money Market $12,127,799.10 Regions Lockbox Accounts $1,184,351.42 TD Bank Checking Account $19,361,940.95 BankUnited Money Market $27,296,351.19 Valley National Bank Government Interest Checking $21,177,729.27 Marine Bank Business Money Market $5,010,784.96 Florida Trust Day to Day Fund $35,448,837.05 FL STAR $20,347,959.06 FL CLASS - BOCC Funds $34,169,194.89 Total General Cash & Equivalents - Unrestricted $ 551,751,271.03 Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves $ 8,788,644.94 Total Pooled Cash & Equivalents $ 560,539,915.97 Restricted Cash - Housing Account $379,131.24 Total Portfolio $ 560,919,047.21 Note: See separate investment report for OPEB funds. 42 W& Schedule 3 Indian River County Portfolio By Maturity Date December 31, 2022 Schedule 4 Indian River County Portfolio By Type December 31, 2022 Treasury - I BankUnited 4.87% FNMA 3.20% Sank 3.78% lank 0.89% k Checking .45% FHLB 14.26% 44 Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending December 31, 2022 PURCHASES: Investment Description Yield to Maturity Purchase Date Call Date Maturity Date Par Amount Book Value FHLB Callable 5.000% 10/27/22 01/27/23 01/27/25 $ 2,000,000.00 $ 2,000,000.00 Treasury Note 4.198% 10/06/22 08/31/24 $ 2,000,000.00 $ 1,915,936.00 FFCB Callable 4.620% 10/17/22 10/17/23 10/17/24 $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 5.250% 11/08/22 02/28/23 11/08/24 $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 5.400% 11/18/22 02/15/23 11/15/24 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 5.000% 11/22/22 05/22/23 05/22/24 $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 4.787% 11/07/22 08/15/24 $ 3,000,000.00 $ 2,924,910.00 FHLB Bullet 4.817% 11/07/22 10/03/24 $ 3,000,000.00 $ 2,982,930.00 FHLMC Callable 5.104% 11/30/22 08/30/23 08/30/24 $ 2,000,000.00 $ 2,000,000.00 Treasury Note 4.403% 11/18/22 01/31/25 $ 3,000,000.00 $ 2,881,350.00 Treasury Note 4.413% 11/18/22 02/15/25 $ 3,000,000.00 $ 2,815,320.00 Treasury Note 4.642% 11/30/22 07/31/24 $ 3,000,000.00 $ 2,880,000.00 Treasury Note 4.398% 11/30/22 02/28/25 $ 3,000,000.00 $ 2,791,875.00 Treasury Note 4.572% 12/01/22 10/31/24 $ 3,000,000.00 $ 2,989,170.00 Treasury Note 4.446% 12/01/22 03/15/25 $ 3,000,000.00 $ 2,825,859.38 FHLMC Callable 5.005% 12/27/22 12/27/23 09/27/24 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 4.596% 12/09/22 04/30/24 $ 3,000,000.00 $ 2,916,045.00 Treasury Note 4.220% 12/12/22 04/15/25 $ 3,000,000.00 $ 2,894,296.88 Treasury Note 4.206% 12/12/22 04/30/25 $ 3,000,000.00 $ 2,910,234.38 Treasury Note 4.675% 12/13/22 01/31/24 $ 3,000,000.00 $ 2,928,699.00 Treasury Note 4.529% 12/13/22 1 1 07/31/24 $ 3,000,000.00 $ 2,870 100.00 21 1 $ 58,000,000.00 $ 56,526,725.64 MATURITIES - Investment Descri tion Yield to Maturity Purchase Date Early Call Date Maturity Date Par Amount Book Value FFCB Bullet 0.165% 11/02/20 10/13/22 $ 3,000,000.00 $ 2,999 700.00 1 $ 3,000,000.00 $ 2,999,700.00 Reconciliation of General Investments Only: Beginning portfolio (9/30/22) $ 322,099,297.50 Total purchased 21 securities $ 56,526,725.64 Total matured 1 security $ (2,999,700.00 Ending portfolio for quarter 12/31/22 $ 375,626,323.14 45 1 of 1 October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years December 31, 2022 Fiscal Year 2017-2018 Net Chane Month End Bal* $ (7,971,324) $ 331,604,874 $ 33,131,597 $ 364,736,471 $ 41,846,074 $ 406,582,545 $ (5,758,898) $ 400,823,647 $ 5,191,358 $ 406,015,005 $ (4,784,411) $ 401,230,594 $ 1,577,951 $ 402,808,545 $ (6,945,787) $ 395,862,758 $ (9,710,169) $ 386,152,589 $ (2,464,004) $ 383,688,585 $ (8,022,779) $ 375,665,806 $ 6,810,637 $ 368,855,169 Fiscal Year 2018-2019 Net Chane Month End Bal* $ (6,577,674) $ 362,277,495 $ 48,128,205 $ 410,405,700 $ 31,350,078 $ 441,755,778 $ (9,877,034) $ 431,878,744 $ 2,964,540 $ 434,843,284 $ (2,750,051) $ 432,093,233 $ (3,802,746) $ 428,290,487 $ (8,379,243) $ 419,911,244 $ (9,758,699) $ 410,152,545 $ (13,728,763) $ 396,423,782 $ (11,767,333) $ 384,656,449 $ 5,342,336 $ 379,314,113 $ 29,278,971 $ 10,458,944 $ 12,246,355 Fiscal Year 2019-2020 Net Change Net Chane Month End Bal* $ (9,260,244) $ 370,053,869 $ 39,158,339 $ 409,212,208 $ 47,023,081 $ 456,235,289 $ (6,941,131) $ 449,294,158 $ (1,465,745) $ 447,828,413 $ (5,997,667) $ 441,830,746 $ (5,331,833) $ 436,498,913 $ (10,937,819) $ 425,561,094 $ (13,546,695) $ 412,014,399 $ (3,248,804) $ 408,765,595 $ (7,041,321) $ 401,724,274 $ 10,163,806 $ 391,560,468 $ 29,278,971 $ 10,458,944 $ 12,246,355 Fiscal Year 2022-2023 Fiscal Year 2020-2021 Net Change Net Chane $ Month End Bal* $ (8,561,737) $ 382,998,731 $ 39,238,741 $ 422,237,472 $ 57,117,548 $ 479,355,020 $ (6,119,043) $ 473,235,977 $ 12,395,392 $ 485,631,369 $ (12,127,894) $ 473,503,475 $ (9,006,651) $ 464,496,824 $ 295,126 $ 464,791,950 $ (5,748,174) $ 459,043,776 $ (11,764,390) $ 447,279,386 $ (11,517,721) $ 435,761,665 $ 7,438,252 $ 428,323,413 Fiscal Year 2022-2023 Fiscal Year 2021-2022 Net Change Month End Bal* $ 302,966 $ 428,626,379 $ 63,526,149 $ 492,152,528 $ 25,611,495 $ 517,764,023 $ 872,988 $ 518,637,011 $ (7,201,984) $ 511,435,027 $ (17,106,146) $ 494,328,881 $ (11,640,607) $ 482,688,274 $ (5,845,338) $ 476,842,936 $ (9,580,769) $ 467,262,167 $ 6,361,893 $ 473,624,060 $ (5,770,624) $ 467,853,436 $ (11,243,254) $ 456,610,182 Fiscal Year 2022-2023 Net Change Month End Bal* $ (11,358,975) $ 445,251,207 $ 81,589,406 $ 526,840,613 $ 23,718,570 $ 550,559,183 36,762,945 $ 28,286,769 $ 93,949,001 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. 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Y a n n S cw M N M N a ------------ NNNa U 8 8 m o (J W X X X X x X x x x o x o o X X X X X X X x x x x x x x E `N"000NNNNNNN� 0 00000000 e—e--NNOmmmom 0000000000�� Egg N c mNmom o. $miY Nao�mmNm�aao alio m �$ Nci .o vi .cNNuiaavN NNNN �N 'r� nim � w ------w----- !gxmxmgg`mxmmxop XXXXXXroXroXXxxxn "m" LL' C G C O C G C C o� o N Q N N o O o C O 0 0 0 0 0 0 0 O °! meyV gNNm�Nn mT� N1� � ON�m 4211"1rO.O�.m z' m�t7mN 1� r O�mi 00NN y �n m g E - - ' m m m io � n dim o - - - - - - N N n P I W N - - -ov NN---»www--N N 7 NN .".SS 'ANNN 'N NN'¢I�NFIN3N{�NNN NN INI`` � Ozo-m+LLi<42-','a'in oz24--�y oz°o O a S 5 E 4 8E �k8 C e Wg 5� Rt E g m E d O@ 0 ? z a H i� V Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of December 31, 2022 Pooled Investments General Fund $ 139,027,669 Special Revenue Funds $ 155,380,988 Debt Service Funds $ 742,530 Capital Project Fund $ 86,463,565 Solid Waste Fund $ 41,941,145 Golf Course Fund $ 2,476,117 Building Fund $ 7,089,707 Utilities Funds $ 75,426,083 Fleet Fund $ 41,967 Insurance Funds $ 35,012,978 Information Technology Fund $ 3,000,562 Fiduciary Fund $ 3,955,872 Total Investments $ 550,559,183 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Excludes Section 8 HUD bank account. Schedule does not include OPEB investments - see separate report. JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Internal Audit Division 2000 161 Avenue Vero Beach, FL 32960 Telephone: (772) 226-3108 CPA, CGFO, CGMA TO: Board of County Commissioners FROM: Edward Halsey, Internal Audit Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: March 10, 2023 SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 12/31/2022 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in the Clerk's office for quarters ended December 31, 2021 and 2022. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. U•1 0 00 a v v. D N 00 �7 U d in 000 N O w CD Wvvo�, od '" a es es 6s s F O O JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27h Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Chief Deputy of Finance THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: March 9, 2023 _ r rcoukry �♦ v P ` a r SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 12/31/22 BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Traffic Education Program Trust Fund (Fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court & Comptroller. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine. Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee was effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund driver education programs in public and nonpublic schools". Provided is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. As of December 31, 2022, the balance in the Fund is $200,946. The Clerk's office will continue to provide a quarterly report of the traffic education trust activity. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the report. 51 N LO M 0O CO M a OI I- p N O 0 V N 1� N N V7 N O O O N N M O O O O N tNh u7 n r L N N 0�1 Q c OSI N C M O a � 69 N N N Y G O a a N N � aM0 m LL M O p� fR tl'i �_ro� au n O O � M M a r N O N N N O to O N O M to M M CO LL O M O p� p N N r p N O N tf fop N O r O LL M O � p� O ONO ac V a M M (p0 L � O N LO fflu 1 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 1, 2022 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 2023021— Replacement Pontoon Boat Dock at the Environmental Learning Center (re -bid) BACKGROUND: On December 13, 2022, the Board approved the Fourth Modification to the Agreement with the Environmental Learning Center ("ELC") for the replacement of the Main Dock, including the rejection of bids received on July 15, 2022, as the prices exceeded the available funding. The fourth modification authorized the application for a Florida Inland Navigation District ("FIND") Waterway Assistance Program grant to make up the shortfall in funding for the project. New bids were solicited for the project, as the previous bids were only valid for go days. BID RESULTS: Advertising Date: January 4, 2023 Bid Opening Date: February 23, 2023 Solicitation Broadcast to: 256 Subscribers Bid Documents Requested by: 28 Firms Replies: 3 Firms Indian River Docks, LLC1 $33 ,456 Underwater Engineering Services, Inc. $634,184 Custom Built Marine Construction, Inc. DQ Custom Built Marine Construction determined non-responsive, as their bid was submitted on the form from the previous bid, which had different line items than the current bid. ANALYSIS: The Parks and Recreation Division and ELC reviewed the bids received and determined Indian River Docks to be the lowest, responsive, responsible bidder, and has recommended award to them. FUNDING: Funds are available in the Florida Boater Improvement Fund/Parks/ELC Main Dock Replacement account, number 13321072-066510-22013. 53 CONSENT RECOMMENDATION: Staff recommends the Board award Bid 2023021 to Indian River Docks, LLC, approve the agreement, and authorize the Chairman to execute it after approval by the County Attorney as to form and legal sufficiency. ATTACHMENT Agreement 54 SECTION 00520 - 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 Indian River Docks, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The PROJECT entails (a) removal of the existing Pontoon Boat Dock, and (b) new dock construction with water and electric service, an entrance gate, and adjacent sidewalk. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Replacement Pontoon Boat Dock at the Environmental Learning Center County Project Number: N/A FM Number: N/A Bid Number: 2023021 Project Address: 255 Live Oak Drive Vero Beach, FL 32963 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 90 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 120 calendar day after the date when the Contract Times commence to run. 00520-1 55 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER 338.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $338.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $331,456 Written Amount: Three hundred thirty one thousand, four hundred fifty-six dollars ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 00520-2 56 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous 00520-3 57 Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey:towerstanding of all terms and conditions for performance and furnishing of the Work. K. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration for all subcontractors. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-8, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 00520-4 58 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 00700-1 to 00700-37, inclusive); 10. Supplementary Conditions (pages 00800-i to 00800-14, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of sheets numbered C. 1_0 through C.4.0, inclusive, with each sheet bearing the following general title: Replacement Pontoon Boat Dock at the Environmental Learning Center, Indian River County, Florida; 13. Addenda 1 to 4, inclusive; 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits (no permits required) Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Special Conditions for Right of Way Construction 15. CONTRACTOR'S BID (pages 00310-1 to 00310-5, inclusive); 16. Bid Bond (NFL 35211 17. Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive); 18. List of Subcontractors (page 00458-1); 19. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 20. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; 00520-5 59 c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a 00520-6 60 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 publicrecordsAircgov.com Indian River County Office of the County Attorney 180127' Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 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. 00520-7 61 This Agreement will be effective on March 28, 2023 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman By: Michael C. Zito, Interim County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Wendy Swindell Conservation Lands Manager 1590 9t' St SW Vero Beach, Florida 32962 (772) 226-1781 By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520-8 62 ?T CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 1, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael Zito, Interim County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Excess Equipment as Surplus and AtIthorization for Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. FUNDING: There is no cost to the County associated with these requests. RECOMMENDATION: Staff recommends the Board declare the items on the Excess List for 032823 Agenda as surplus, and authorize their disposal. ATTACHMENT: Excess List for 032823 63 Dept # Asset Fleet Description Working y/n 245 25124 155 2008 Transcor Trailer y 110 22845 192 2006 Ford E350 Van y 110 22847 194 2006 Ford E350 Van y 110 22889 197 2005 Ford E350 Van N 110 25668 222 2009 GMC Glaval N 204 22542 278 2006 Chevy Silverado y 268 22657/216070 870 2005 Ford F350 with Crane y 101 28173 Dell Optiplex 7020 N 103 30446 IDell Precision 3630 N 106 26201 Unitech PA600 Wifi 1D Laser Scanner N 106 25999 Dell Latitude E5510 N 106 26531 Dell Latitude E6230 N 106 27991 Dell XPS Laptop N 106 27992 Dell XPS Laptop N 106 28101 1 Dell Optiplex 7020 N 106 28102 Dell Optiplex 7020 N 106 28103 Dell Optiplex 7020 N 106 28104 Dell Optiplex 7020 N 106 28105 Dell Optiplex 7020 N 106 28106 Dell Optiplex 7020 N 106 28107 Dell Optiplex 7020 N 106 28108 Dell Optiplex 7020 N 106 28109 Dell Optiplex 7020 N 106 28110 Dell Optiplex 7020 N 106 28111 Dell Optiplex 7020 N 106 28112 Dell Optiplex 7020 N 106 28113 Dell Optiplex 7020 N 106 28114 Dell Optiplex 7020 N 106 28118 Dell Optiplex 7020 N 106 28119 Dell Optiplex 7020 N 106 28120 Dell Optiplex 7020 N 106 28122 Dell Optiplex 7020 N 106 28123 Dell Optiplex 7020 N 106 28127 Dell Optiplex 7020 N 106 28128 Dell Optiplex 7020 N 106 28129 Dell Optiplex 7020 N 106 28130 Dell XPS Laptop N 106 28180 Dell Latitude 14 Laptop - 5000 Series N 106 28181 Dell Latitude 14 Laptop - 5000 Series N 106 28184 Dell Latitude 14 Laptop - 5000 Series N 106 28185 Dell Latitude 14 Laptop - 5000 Series N 106 28233 Panasonic Toughbook N 106 28234 Panasonic Toughbook N 106 28236 Panasonic Toughbook N 106 28237 Panasonic Toughbook N 106 28774 Dell Optiplex 7040 N 106 28835 Dell Latitude E6440 Laptop N 106 28836 Dell Latitude E6440 Laptop N 106 29069 Dell Optiplex 7040 N 106 29070 Dell Optiplex 7040 N 106 29071 Dell Optiplex 7040 N 106 29740 1 Dell Latitude 3379 BTX Laptop N 108 28041 Dell Optiplex 9020 N 108 28680 ITaskalfa 2551 Cl Copier I N Dept # Asset Fleet Description Working y/n 108 iPhone 12 Lost /Stolen 110 25668A Seon Camera System Hardware Y 110 28032 Seon Camera System Hardware Y 110 30306 Seon DVR W/Removeable Drive DXHD Y 110 29558 Seon Camera System Hardware Y 110 24383A Seon Camera System Hardware Y 110 29559 Seon Camera System Hardware Y 133 28736 Higher Ground Recorder - Sebastian PD N 133 28735 Higher Ground Recorder - EOC N 133 29961 Dell Poweredge R630 Server N 204 HP Color Laserjet Pro M452NW Printer with Toner Y 208 28385 Dell Optiplex 7020 N 216 Cannon imagerunner 1435if Black & White all -in -one Y 222 29270 Dell Optiplex 5040 N 237 27580 Dell Precision T5610 Computer N 241 24019 Netgear GSM7248 48 Port Network Switch Y 241 Netgear GSM7224 24 Port Network Switch Y 241 29898 Dell Optiplex 3020 N 244 29261 Dell Optiplex 5040 - No Hard Drive N 244 29950 Dell Lattitude 5580 N 244 28040 Dell Optiplex 9020 N 244 27745 Dell Latitude E5520 Laptop N 244 26968 Dell Optiplex 7010 N 245 24141 Sony 31" TV Y 245 24142 Sony 31" N Y 245 24143 Sony 31" TV Y 245 21775 RD4000T10 N 245 26191 TX -10 Radio Detechtion Bluetooth N 245 26190 RD8000 PDL Radio Detection N 245 10001083 RD433HC7X-2 Radio Detection N 245 24581 Metrotech Bio -Transmitter N 245 32524 Dell Latitude 5420 Laptop N 245 29151 Apollo II Thermoplastic Handliner (attached to #155) Y 245 29152 1 IAPollo II Thermoplastic Handliner (attached to #155) Y 262 1 1 HP Wide Page Pro MFP 477DN All in One I Y 65 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 7, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael Zito, Interim County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of RFP 2023029 Sandridge Golf Cart Fleet Replacement BACKGROUND: On January 17, 2023, the Board approved of the advance purchase of a replacement golf cart fleet for Sandridge Golf Club and authorized the Purchasing Division to issue a Request for Proposals for 160 gasoline golf carts, utility cart, range cart and beverage cart. DISCUSSION: The selection committee met on March 6, 2023 and unanimously ranked Yamaha as their number one choice and recommended award to them. After discussions, the committee determined interviews with the vendors were not necessary and designated the initial ranking of proposals to be final. Description I Unit Price I Quantitv I Total 1. Gasoline Powered Golf Cart $6350 160 $1,016,000 2. Gasoline Powered Range Cart $11,750 1 $11,750 3. Gasoline Powered Beverage Cart $20,600 1 $20,600 4. Gasoline Powered Utility Cart $10,090 1 $10,090 Subtotal — Cost of New Carts $1,058,440 Less Trade Credit Trade credit for 156 2020 Yamaha Gas Carts $624,000 Trade credit for 1 Gasoline Powered Range Cart $3,000 Subtotal —Total Trade Credit t $627,000 Total Proposal Price (Subtotal Cost of New Carts less Subtotal Total Trade Credit) $431,440 CONSENT FUNDING: Funding for the new fleet will be reflected in the 2023/2024 fiscal budget for the golf course in the Sandridge/Golf Carts account, number 418-166018 in the amount of $431,440. The new golf cart fleet will not be delivered or invoiced before January of 2024. Account Number Account Description Amount 418-166018 Sandridge/ Golf Carts $431,440 RECOMMENDATION: Staff recommends the Board approve the final ranking of firms, cart selection, and purchase price as selected by the committee, and authorize the Purchasing Manager to sign the attached sales order with Yamaha to facilitate the fleet update, including the addition of any accessories requested by Sandridge Staff. Staff also recommends the Board declare the 160 carts, driving range cart, utility cart and beverage cart as surplus excess equipment upon delivery of the new carts and authorize their trade in to Yamaha as indicated in the RFP. 67 YAMAHA YAMAHA GOLF -CAR COMPANY Paul Meyer 587 NW Brinkley Terrace Lake City, FL 32055 Cell #813-777-8133 Fax #352-240-3484 Sales Order Sold to: lindian River County Purchasing Name: Sandridge Golf Club Address 1800 27th Street City Vero Beach State FL Zip 32960 Phone 772-226-1575 Ship to: Name: Sandridge Golf Club Address 5300 73rd Street City Vero Beach State FL Zip 32967 Phone 772-770-5003 Qty Description 160 New 2024 Yamaha QuieTech Gasoline Fleet Cars Equipped per Specifications in RFP2023029 1 New 2024 Yamaha Umax 1 Gasoline Utility Driving Range Vehicle Equipped with Ball Cage and Front End Picker Adaptor 1 New 2024 Yamaha Umax 2 Gasoline Bistro Beverage Vehicle 1 New 2024 Yamaha Umax 2 Gasoline Utility Vehicle Equipped with Top, Windshield, Lights, and Bed Mat Sub Total 156 2020 Yamaha QuieTech Gasoline Trades 1 2020 Yamaha Range Picker Signing of this Sales Order will get the vehicles on order, PO due in October, 2023. UP 2023029 Payment Details Lease Deal Direct/Cashiers Check X Other Notes: Municipal PO Authorized Purchaser Authorized Sales Representative Ymd .Meyex RFP #2023029 Date: March 9, 2023 Terms: Purchase Sales Rep.: Meyer Unit Price Total $ 6,350.00 $ 1,016,000.00 $ 11,750.00 $ 11,750.00 $ 20,600.00 $ 20,600.00 $ 10,090.00 $ 10,090.00 $ 1,058,440.00 $ (4,000.00) $ (624,000.00) $ (3,000.00) $ (3,000.00) Net Total $ 431,440.00 Shipping & Handling Taxes State* TOTAL $ 431,440.00 * Applicable Sales Taxes will be calculated and presented on YGC Invoice 01\ CONSENT INDIAN RIVER COUN'T'Y OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 20, 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: Final Ranking of Firms and Authorization to Negotiate — RFQ 2023031 for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion, and Cell Construction BACKGROUND: On behalf of the Solid Waste Disposal District, and in accordance with Section 287.055, Florida Statute (Consultant's Competitive Negotiation Act), statements of qualifications ("SOQs") were requested from qualified engineering firms for design and permitting services for landfill cell closure and construction projects anticipated over the next ten years, as well as landfill gas system expansion design. A selection committee, comprised of Himanshu Mehta, SWDD Managing Director, Ron Jones, SWDD Assistant Managing Director, and Sean Lieske, Utilities Director, independently reviewed, scored, and ranked the received SOQs in accordance with FS 287.055, the RFQ, and the Purchasing Manual. All three submitting firms were invited to participate in discussions, and at the conclusion of the discussions, a final selection committee meeting was held, during which each committee member read his overall ranking of firms, and a final ranking determined. The final ranking established by the committee is: 1. Geosyntec Consultants, Inc. 2. Jones Edmunds & Associates, Inc. 3. Tetra Tech, Inc. Staff is prepared to begin negotiations with the top ranked firm and bring the final agreement to the Board at a meeting in the near future. FUNDING• Funding for the design services will be come from the SWDD/Landfill/Engineering Services Account. Work orders for each specific project will be brought before the Board for approval Account Number Account Description Budget 41121734-033130 SWDD/Landfill/Engineering Services TBD RECOMMENDATION• Staff recommends the Board approve the Committee's final with the top ranked firm in accordance with FS 287.055, should negotiations with the top ranked firm fail. CONSENT ranking and authorize negotiations and the subsequently ranked firms, 70 M INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 21, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael C. Zito, Interim County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Adoption of Modifications to the Purchasing Manual BACKGROUND: Section 105.06 of the Indian River County Code of Ordinances directs the county administrator to prepare a purchasing policies and procedures manual, which is commonly referred to as the Purchasing Manual. Revisions are necessary from time to time, and while not required by code, the administrator has always directed the changes be presented before the Board for their information and concurrence. The updated manual will be posted to the County web site for easy access. nicri icanti• The following substantial revisions have been made and approved: 1. Contact information has been updated throughout to reflect the pending email domain change. 2. Paragraph 1.3.D is clarified to add explicit authorization for the Administrator and Purchasing Manager to waive the requirements of the manual within their authority threshold ($35,000 for the Purchasing Manager and $75,000 for the County Administrator). A redundant statement is incorporated here and removed from paragraph 1.3.M. 3. Section 2 is updated to reflect the electronic nature of the requisition, purchase order, and vendor self serve processes. 4. Section 2.6 Change Orders is modified to facilitate use of electronic workflow in Tyler ERP, rather than pdf forms, for department and budget approval of changes to purchase orders. 5. Section 3.6 is updated to include the restriction on purchasing "attractive items," on blanket purchase orders. This ensures the items are appropriately tagged and inventories, in accordance with the new Capital Asset Policy. 6. Section 4 is modified to accommodate the receipt of electronic, rather than hard copy, bids. Section 4 is also modified to incorporate the pending utilization of the Contracts module in Enterprise ERP. 7. Paragraph 4.2.d is clarified to allow negotiation with a single responsive bidder. RECOMMENDATION Staff recommends the Board note its concurrence with the changes approved by the Interim County Administrator. ATTACHMENTS: Changes to the Purchasing Manual 71 Indian River County Purchasing Manual — Effective December 20, 2G2 March 28. 2023 3. Dependent Special Districts. This manual shall apply to procurement transactions solicited or entered into by the County on behalf of dependent special districts. 4. Revisions. The Purchasing Manager shall review this manual on an annual basis to determine if revisions are needed. Revisions may be made at the direction of the County Administrator upon recommendation of the Purchasing Manager. Any substantial and material revisions shall be approved by the Board. D. Waiver of Requirements of the Manual. The Board may waive the requirements of this manual, or any related technicalities or irregularities, when it is in the best interests of the County to do so. This waiver may be made before or after completion of the procurement transaction. The County Administrator and Purchasing Manager may also waive the requirements for procurement within their award authority. E. Waiver of Technicalities and Irregularities. The Board may waive any technicalities or irregularities relating to compliance with the requirements of this manual when it is in the best interests of the County to do so. This waiver may be made before or after completion of the procurement transaction. F. Limited Authority of the Purchasing Manager. The Purchasing Manager shall be authorized to procure commodities and services up to $35,000, without competitive selection, unless otherwise required by applicable state or federal law; provided, however, that nothing herein shall require the Purchasing Manager to exercise such authority. G. Limited Authority of the County Administrator. The County Administrator shall be authorized to procure commodities and services up to $75,000, without competitive selection, unless otherwise required by applicable state or federal law; provided, however, that nothing herein shall require the County Administrator to exercise such authority. The County Administrator is authorized to procure planning or study activity services obtained pursuant to the Consultants' Competitive Negotiation Act, F.S. 287.055 up to $35,000. H. Indemnification. All contracts for services or public works projects (other than construction contracts), and any other contracts deemed necessary by the County Administrator or the Board, shall provide that the contractor or vendor shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the contractor (or vendor), or its employees, agents, subcontractors, or other persons or entities performing work under the contract. CONSTRUCTION CONTRACTS SHALL INCLUDE THE INDEMNIFICATION PROVISION SET FORTH IN SECTION 4.4 BELOW. I. Insurance Requirements. Contracts shall contain requirements for the protection of the County through sufficient insurance as specified by the Risk Management Division, which shall approve the insurance requirements contained in the bid documents. Upon award, the Risk 2 72 Indian River County Purchasing Manual — Effective DeeembeF 20 '^"March 28, 2023 Management Division shall review certificates of insurance, approving those which comply with the requirements of the bid documents. Non -approved certificates of insurance shall be returned to the Purchasing Division with a statement of the reasons for non -approval and instructions on how the certificate may be corrected. Insurance requirements shall be met prior to final execution of the contract by the Chairman of the Board, or the County Administrator or the Purchasing Manager. The Originating Department, Purchasing Division and the Risk Management Division shall not allow any contract to continue without proper insurance in effect. Work to be authorized by purchase order must also meet the insurance requirements dictated by the Administrative Policy and Risk Management. J. Bid Bond. 1. A bid bond or alternative bid security must accompany each bid exceeding $35,000, unless such requirement is waived by the County. A bid bond must be properly executed by the bidder and by a qualified surety. Alternative bid security must be in the form of a certified check or cashier's check issued by a bank authorized to do business in the State of Florida. The bid bond or security shall be in the amount of not less than five percent (5%) of the total amount of the bid, and shall be payable to the Indian River County Board of County Commissioners. Any failure or refusal by the bidder to honor the bid after opening shall be deemed to be a breach of the bidder's obligations. In such event, the bid bond or security shall be immediately payable to the County as liquidated damages, and not as a penalty. 2. Failure to supply the required bid bond or security at the time of the bid opening shall automatically disqualify the bidder as non-responsive to the bid requirements. K. Sole Discretion. Any decision, waiver, exercise of judgment or interpretation required or permitted by this manual, or the application of this manual, by the County or any County official shall be deemed to be made in the sole and absolute discretion of the County or the official, and shall be final and binding upon all affected parties. L. Contract Renewal or Extension. Renewal or extension of any contract shall be at the sole discretion of the County. No supplier of commodities or services shall have a legal right to renewal or extension of any contract. M. Contracts or Purchase Orders Entered into in Violation of this Manual. Any contract, purchase order, or other commitment entered into by a County employee or department in violation of this manual shall be null and void; "^•• eveF, that the I39aFd N. Nondiscrimination, Equal Employment Opportunity and Americans with Disabilities Act. Indian River County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall 3 73 2. REQUISITION, PURCHASE ORDER AND RECEIVING GUIDELINES 2.1 AUTHORITY p. No County employee has the authority to purchase or commit public funds toward the purchase of commodities or services without first complying with the appropriate requisition and procurement procedures. Purchase Orders will not be issued "after the fact" without sufficient justification and explanation, at the Purchasing Manager, County A M''Inistrator or Board's discretion. 2.2 PURCHASE REQUISITIONS All requests for procurement shall start with a properly prepared purchase requisition created in the Enterprise ERP program. Requisitions must be eempletely foiled aut with theinclude all proper information, such as required quotes, documentation, attachments, departmental approvals, appropriate account number, and final approval by the Budget Office. Incomplete requisitions may be rejected and returned to the Originating Department. 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD Purchase requisitions for items valued between $3,500 and $35,000 shall include copies of the written quotations received from each of a minimum of three vendors dated within the past 30 days or listing a current expiration date. The lowest quote should be selected, unless otherwise authorized by the Purchasing Manager. The Purchasing Manager may waive the requirement for quotes below the mandatory bid threshold, if determined to be in the best interest of the County. 2.4 CAPITAL ITEM PURCHASES Budgeted capital purchases must be completed and received during the funded fiscal year and must be procured in accordance with the quote and mandatory bid thresholds. Bids for capital purchases budgeted for more than the $35,000 bid threshold should be prepared in the first quarter of the fiscal year. All budgeted capital purchases should be made prior to June 1 to ensure the goods are received prior to the end of the fiscal year. Requisitions for unbudgeted capital purchases must be submitted with the written approval (email) of the Budget Director attached. 8 74 BOARD OF COUNTY COMMISSIONERS �g1VER C 4 INDIAN RIVER COUNTY, FLORIDA Z Purchasing Policies and Procedures Manual Updated n.,..,,....-,ee.- 29,2022March 28, 2023 2. REQUISITION, PURCHASE ORDER AND RECEIVING GUIDELINES 2.1 AUTHORITY p. No County employee has the authority to purchase or commit public funds toward the purchase of commodities or services without first complying with the appropriate requisition and procurement procedures. Purchase Orders will not be issued "after the fact" without sufficient justification and explanation, at the Purchasing Manager, County A M''Inistrator or Board's discretion. 2.2 PURCHASE REQUISITIONS All requests for procurement shall start with a properly prepared purchase requisition created in the Enterprise ERP program. Requisitions must be eempletely foiled aut with theinclude all proper information, such as required quotes, documentation, attachments, departmental approvals, appropriate account number, and final approval by the Budget Office. Incomplete requisitions may be rejected and returned to the Originating Department. 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD Purchase requisitions for items valued between $3,500 and $35,000 shall include copies of the written quotations received from each of a minimum of three vendors dated within the past 30 days or listing a current expiration date. The lowest quote should be selected, unless otherwise authorized by the Purchasing Manager. The Purchasing Manager may waive the requirement for quotes below the mandatory bid threshold, if determined to be in the best interest of the County. 2.4 CAPITAL ITEM PURCHASES Budgeted capital purchases must be completed and received during the funded fiscal year and must be procured in accordance with the quote and mandatory bid thresholds. Bids for capital purchases budgeted for more than the $35,000 bid threshold should be prepared in the first quarter of the fiscal year. All budgeted capital purchases should be made prior to June 1 to ensure the goods are received prior to the end of the fiscal year. Requisitions for unbudgeted capital purchases must be submitted with the written approval (email) of the Budget Director attached. 8 74 Indian River County Purchasing Manual — Effective Peeem"^F'^ '^"March 28. 2023 2.5 REQUISITION ENTRY Requests for purchase orders shall be initiated by. entry of an electronic requisition into Enterprise ERP indicating the vendor, item description, and amount being requested. Requisitions shall also include the following information: A. Dates the blanket purchase order is to be in effect (i.e., start and end dates). B. General description of commodities to be purchased. C. Account number must accurately reflect the item being procured (for example, capital items should be against a capital account; tools should be against expendable tools rather than office supplies). Contact Finance for assistance in adding appropriate accounts. D. Multiple line items are required where more than one account number is to be used. Each account number requires a separate line. E. If only one account is used on the requisition and/or if a quote is attached showing all items to be purchased are under the $3,500 quote threshold, the entire requisition amount should be entered oq a single line to facilitate invoice processing and year end PO closeout. F. Shipping must be included or accounted for on the total PO amount. G. Quote numbers and bid or contract numbers must be referenced in a note that will print on the Purchase Order. H. Requisitions for tires must have a list of fleet vehicles and their respective tire sizes attached. Fleet Management Division purchases are exempted from this requirement. I. Any requisition involving grant funding must have the commodity code (on main page of requisition entry) set to "000 Grant". J. Any requisition involving an operating lease must have the commodity code (main page of requisition entry) set to "001 Operating Lease". 2.6 CHANGE ORDERS If the amount of a purchase order is anticipated to be exceeded, or information on an issued purchase order needs to be modified, the department shall request autheFity to inc-Fe se the amountchanees in Enterprise ERP's Purchase Order Chanee Order oroeram. which will utilize workflow approvals through their Department Director, and 4e the Budget Departmentusing the eleetree+s "Purc�iase QFdeF !RcFease Request 9Fm",, Requesting; department should provide sufficient detail and justification for the increase or change to account number as a note. 9 75 Indian River County Purchasing Manual - Effective DeeembeF 20 '^"March 28, 2023 All requests to increase allocation against a Purchase Order (including those associated with bids, piggybacks and other contracts) must provide an explicit explanation for the overage. Rem feF divisieR en this geed 9F sewice 49Fn this YeRdeF in the piteviews fiseal YeaF, en thiS geed E)F seFyiee fe-Fi.y,rd-ed by the Department Duce.+„ If the Budget Department approves the increased funding request, the Purchasing Division shall review and process the change order, up to a maximum total of $35,000 (for purchase orders not associated with a bid, contract, or piggyback, which may exceed the $35,000 threshold). The County Administrator may authorize an increase up to a maximum $75,000 total (on purchase orders not associated with a bid, contract, or piggyback). The Board may authorize increases to Purchase Orders over $75,000. Multiple Purchase Orders may not be issued to the same vendor for the same goods or services to subvert the required approvals. Requests to decrease the funds allocated on a Purchase Order can be made by informal email to purchasing@4c�ea-ee+ indianriver.gov. 2.7 PURCHASE ORDER AUDITS The Purchasing Division will audit Purchase Orders issued by vendor to ensure compliance with applicable thresholds, approvals and contract terms and pricing. 2.8 VENDORS When a new vendor, whether to be paid through PO, Contract or Payment Request, is not presently listed in Enterprise ERP, or when an update to the vendor's information is necessary, the Originating Department shall obtain and submit new vendor information in the form of a W-9 to the Purchasing Division for approval as a vendor. Alternately, vendors may submit updates to their information through Enterprise ERP's Vendor Self Serve platform. The vendor shall be referenced against the State of Florida's lists of convicted and suspended vendors, the U.S. Government's System for Award Management database, and the U.S. Department of Treasury Office of Foreign Assets Control's Sanctions List. The vendor must be classified as "open" in the U.S. Department of Homeland Security's E -Verify system (as required in Section 287.137, Florida Statutes). If required, the possession of appropriate licensure, and liability and worker's compensation insurance will also be verified. Additional sources of information regarding the vendor's qualifications may also be reviewed. If approved, the Purchasing Division will forward the W-9 to the Finance Office of the Clerk of the Circuit Court, either directly, or through workflow approval in Enterprise ERP. The Clerkwhe shall will enter the vendor information into its records and issue a vendor number which shall be provided to the Originating Department. —Departments should review the vendor information (address, contact name, email, etc.) for accuracy prior to releasing a requisition. Requested changes to vendor addresses must be documented in writing from the vendor and will require either Purchasing or Finance to contact the vendor by telephone for verification. 10 76 Indian River County Purchasing Manual — Effective DeEeFnbeF 20 '^"March 28, 2023 The Originating Department shall provide a written request to purchasing@ffiFc:gey.eeFnindianriver.gov describing the emergency and providing justification for the emergency purchase order. The proposed vendor, estimated dollar amount of the procurement and funding account should be provided, as available. A formal quote is not required. If an emergency is confirmed by the Purchasing Manager, the Purchasing Division shall enter a requisition and assign an emergency purchase order number. The Originating Department shall provide the vendor with the PO number, make the purchase of the necessary commodities or services, and may be required to update the emergency requisition to reflect the actual description and cost of the commodities or services. The Purchasing Division shall issue a "confirming" purchase order to cover the purchase after receipt of the approved requisition. The Purchasing Manager will forward emergency purchase requests exceeding $35,000 to the County Administrator for his approval. Approved requests exceeding $75,000 will be presented to the Board of County Commissioners for ratification. After Normal Working Hours. The Department Director shall exercise his or her judgment as to the justification for making an emergency procurement. If justified, the Department shall make the written emergency purchase request to the Purchasing Division, which shall prepare a requisition and assign a purchase order number. The Originating Department shall submit the written emergency purchase order request to the Purchasing Division on the next working day. 3.5 PROCUREMENT PURSUANT TO EXISTING ANNUAL TERM CONTRACTS The Purchasing Manager shall issue annual term contracts for commodities and services (up to $35,000) or after approval by the County Administrator (up to $75,000) or.the Board (up to or in excess of $75,000). The Purchasing Manager may renew an annual contract for multiple years, one year at a time, subject to satisfactory performance, zero cost increase (or as stated in the original contract), vendor acceptance and the determination that such renewal of the annual contract is in the best interests of the County, and authority for such renewal(s) is set forth in the contract. 3.6 BLANKET PURCHASE ORDERS A blanket purchase order may be issued for up to $35,000 for the purchase of miscellaneous commodities where the quantity cannot be anticipated or where it is hot practical to store all items until they are needed. Single item purchases pursuant to a blanket purchase order may not exceed $3,500. Capital and attractive items may not be purchased on blanket POs, unless the blanket PO is associated with a bid or contract, or the using departmertt has been explicitly authorized to make capital purchases on a blanket PO by the Budget Director. Blanket purchase orders issued as a result of a bid or piggyback contract (entered into in accordance with section 3.3), or otherwise approved by the County Administrator (up to $75,000) or the Board (up to or in excess of $75,000), are exempt from the $35,000 limit. Blanket purchase orders shall be effective for up to one year, and only for the fiscal year for which it has been issued. Blanket Purchase order requisitions should be requested in the full estimated expenditure for the year. 16 77 Indian River County Purchasing Manual — Effective DeeembeF 20 '^"March 28, 2023 provided to the Purchasing Division for its records. E. Time of Receipt. Bids must be received by the Purchasing Division no later than the time and date stated in the invitation for bids. Bids offered or received after this time shall not be considered. The time stamp in the Purchasing Division used to log receipt of bids will serve as the official clock for hard copy bid receipt. For electronic bids, the County's bid platform (Tyler Enterprise, Demandstar, Bidexpress, direct email, etc.) time will govern. Any bid stamped beyond the proscribed hour, minute and zero seconds will be considered late. F. Public Bid Opening. All timely received bids shall be publicly opened by the Purchasing Manager in the presence of one or more witnesses at the time and place stated in the invitation for bids. Unless obviously non-responsive, or bid form does not include a sum of all line items, the total bid pricing will be announced. The Purchasing Division shall retain the original bids on file and remaining copies shall be sent to the Originating Department. G. Bid Acceptance. Bids shall be accepted without alteration or correction, except as authorized in this manual. All bids must be signed either in ink or electronically. H. Bid Review. The Originating Department is responsible for reviewing the bid responses and making a recommendation for award of the bid. Should the low bidder not be recommended, a reason must be stated in the written recommendation for award. I. Verification and References. Prior to award, the Purchasing Division shall reference the lowest, responsive, responsible bidder against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database, and the U.S. Department of Treasury Office of Foreign Assets Control's Sanctions List. The lowest, responsive, responsible bidder must be active in or exempt from the U.S. Department of Homeland Security's E -Verify system. Provided references shall be verified at the discretion and/or request of the Originating Department. Additional sources may also be reviewed to aid in determining if the bidder is responsible. J. Correction, Cancellation or Withdrawal of Bids. 1. Correction of Bids. a. Correction of Mathematical Errors Prior to Award. Errors in addition or multiplication of unit prices or in other mathematical calculations may be corrected by the Director of the Originating Department or Purchasing Manager prior to award. Bids shall be deemed to be amended to the corrected amount. In all cases of errors in mathematical computation, the unit prices shall not be changed. b. Correction of Mathematical Errors after Award. Errors in addition or multiplication of unit prices or in other mathematical calculations identified after award may be corrected only with the approval of the Board, and any correction shall not exceed the amount of the next low bid. 18 78 Indian River County Purchasing Manual — Effective DeGembeF 20,2024March 28, 2023 2. Cancellation of Bids. Any time prior to the bid opening date and time, the Purchasing Manager may cancel or postpone the bid opening, or cancel the invitation for bids in its entirety. 3. Amendment or Withdrawal of Bids. a. Bid Amendments Prior to Opening. Any bidder may voluntarily withdraw or amend the bid at any time prior to the bid opening in person, of -by written notice received by the Purchasing Manager prior to the bid opening, or via the electronic bidding platform. Amendments shall be forwarded to the Purchasing Division prior to bid opening, sealed and identified with the bid number. b. Bid Amendments after Opening. After bid opening, bidders may not amend their bid. Bids shall remain in effect and binding upon the bidder for a period of sixty days, or such other time period specified in the bid documents. C. Withdrawal of Bids. If, within 48 hours after Bids are opened, any bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that bidder may withdraw its bid and bid security will be returned. Thereafter, if the work is rebid, that bidder may be disqualified from further bidding on the work. d. Negotiation. If less than two responsive bids are received, the Purchasing Division, on behalf of the Department, may negotiate on the best terms and conditions, prior to recommendation of award. 4.3 AWARD A. Award Authority. A bid shall be awarded by written notice to the lowest responsible and responsive bidder. Awards not exceeding $35,000 may be awarded by the Purchasing Manager; awards not exceeding $75,000 may be awarded by the County Administrator; and, awards exceeding $75,000 shall be awarded by the Board. The Board is authorized to waive technicalities and irregularities and to reject any and all bids, or any portion of a bid. After an award is made, the Purchasing Manager shall issue a purchase order or a "Notice of Award" as applicable. If, within 60 days after bids are opened, or within such other time period specified in the bid documents, the bid of the lowest responsible and responsive bidder is withdrawn or not honored, the County may award the bid to tlhe next lowest responsible and responsive bidder. After 60 days or such other time period specified in the bid documents, the Board may award to the next lowest responsible and responsive bidder only if the next lowest responsible and responsive bidder agrees, in writing, to extension of the bid price for the additional period of time. These processes may be repeated until an award is made to a responsible and responsive bidder. B. Tie Bids. If two or more bidders are tied after review by the Originating Department, in accordance with section 287.087 of the Florida Statutes, preference shall be given 19 79 Indian River County Purchasing Manual — Effective Deeem~'"'^ 202 March 28. 2023 to the bidder with a Drug Free Workplace Program. In cases where a tie still exists, the Board shall award to the bidder identified as the most responsible bidder based upon any other relevant factors. If a tie still exists, the winning bidder shall be determined in favor of the bidder whose response was received first (as indicated on the Purchasing receipt time stamp and associated log, or electronic receipt, as applicable). C. Price Adjustment. Where appropriate, contracts may be awarded with a provision for upward or downward price adjustments, provided such adjustments were part of the bid documents. D. Cancellation after Award. The Board may cancel a bid award at:any time prior to execution of the contract by all parties, including the County. 4.4 ADDITIONAL REQUIREMENTS FOR CONSTRUCTION AND PUBLIC WORKS CONTRACTS A. Bid Package Preparation. A complete packet of all bid documents including the original specifications and standardized terms and conditions shall be provided by the Originating Department to the County Attorney for approval. A copy of the bid documents indicating approval by the County Attorney shall be forwarded to the Purchasing Division for final review. B. Public Notice. Bids will be advertised as set forth in Florida Statute 255.0525(2) and Indian River County Code paragraph 105.04. C. Recommendation for Award. 1. The Purchasing Division will review the Originating Department's recommendation for Award and prepare an agenda item for submission to the Board. Recommendation of award must be submitted to the Purchasing Division no less than seven days prior to the proposed commission meeting to facilitate both preparation of the agenda and public notice of the recommendation for a period of more than five days, ensuring no bidder's right to protest is subverted. Should the Originating Department prefer to prepare an Agenda Item due to complexity of the bid, the item shall be routed through the Purchasing Division prior to finalization. 2. If a proposed or sample contract is included in the agenda item, the Originating Department is responsible for routing the proposed contract through the office of the County Attorney. The written recommendation should only request permission for the Board Chairman to execute the contract if the proposed or sample contract is included with the agenda item. A contract must be executed by the other party prior to submission to the Board Chairman to sign. 3. If a proposed or sample contract is not included in the agenda item, it shall be the Originating Department's responsibility at a later date, to prepare an agenda item requesting execution by the Board Chairman, to route the agenda item for required approvals, and to present the item at a Board meeting. A contract must be executed by the other party prior to submission to the Board Chairman to sign. A copy of the agenda 20 80 Indian River County Purchasing Manual — Effective PeeembeF 20,'^"March 28, 2023 providing for the termination of the contract for convenience of the County, and shall prescribe methods by which the contractor may calculate the cost of work already performed and termination settlement costs. J. Indemnification. All construction contracts shall provide that the contractor (or other appropriate party) shall indemnify and hold harmless the County, and its Commissioners 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 (or other appropriate party) and persons employed or utilized by the contractor (or other appropriate party) in the performance of the construction contract. 4.5 WORK ORDERS/AUTHORIZATIONS A. Work Orders/Authorizations for continuing services agreements, excluding those awarded in accordance with 287.055, Florida Statute (CCNA), previously approved by the Board may be executed by the County Administrator, if within his defined authorization limits and if not prohibited within the agreement. A copy of the executed work order/authorization must be submitted to Finance by the department, or through the Contracts module in Tyler ERP. B. If not prohibited within the agreement, minor work authorizations under $35,000 may be entered through a Purchase Order requisition referencing the contract number. No Work Order number will be assigned and payment will be made by standard PO procedures, rather than contractual payments. Only work that will be completed prior to the conclusion of the current fiscal year is eligible to be authorized by Purchase Order, and Purchase Orders will not be used in place of work orders/authorizations exceeding $35,000. 4.6 CHANGE ORDERS A. Applicability. Modifications may be made to an executed contract, which do not substantially alter the character of the work contracted, and which do not vary substantially from the original specifications as to constitute a new undertaking. Such changes must be reasonably viewed as being in fulfillment of the original scope of the contract and must be clearly directed to the achievement of a more satisfactory result or to the elimination of work not necessary. B. Purchasing Manager Authority. The Purchasing Manager'is authorized to approve change orders to contracts executed under the Purchasing Manager's authority, provided the criteria in paragraph A above are met, and the total value of the contract does not exceed $35,000. C. County Administrator Authority. The County Administrator is authorized to approve and authorize change orders which fit the criteria in paragraph A, above, where the net modification in the contract amount does not exceed $5,000, unless contract was initially awarded solely under the Purchasing Manager or County Administrator's authority ($75,000 threshold) and the total value of the contract still does not exceed $75,000. A copy of the executed change order must be submitted to Finance by the depa.+., ent 22 81 M1 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 20, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael C. Zito, Interim County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Rejection of Bid 2023028 for Street Sweeping BACKGROUND: On April 19, 2022, the Board awarded bid 2022037 to USA Services of Florida, LLC ("USA Services"), for sweeping of approximately 224 lane miles of streets and parldng lots. The term of award was one year, with two additional one-year renewals available, subject to Contractor acceptance, satisfactory performance, and staffs determination that renewal is in the best interest of the County. Staff was not satisfied with the performance of USA Services, and elected to rebid, rather than renew the agreement. BID RESULTS: Advertising Date: February 10, 2023 Bid Opening Date: March 9, 2023 Broadcast to: 278 Subscribers Specifications/Plans Downloaded by: 6 Vendors Replies: i Vendor (USA Services) Firm Location Total Bid Price/Estimated Annual Cost USA Services of Florida, LLC Longwood $220,440 ANALYSIS• The Purchasing Manual defines a responsible bidder as one with "the capability in all respects to fully perform the contract requirements, and the integrity and reliability that will assure good faith performance." The Road and Bridge Division found the contractor to be unreliable during the first term of the previous bid award and, therefore, does not believe USA Services to be a responsible bidder. They have recommended rejection of the bid. Since most, if not all, potential sweeping contractors are located well outside the County, Staff proposes to restructure the bid to offer options for equipment staging at our facilities, and other ideas that might decrease cost to the contractor, and increase response to a new bid. FUNDING• There is no cost associated with rejecting and rebidding. RECOMMENDATION• Staff recommends the Board reject bid 2023028 and authorize the Purchasing Division to rebid. 99 I?fi 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: March 15, 2023 Subject: Fourth of July Fireworks Funding Background Information For many years, Indian River County has provided assistance in funding Fourth of July firework displays in the City of Vero Beach and the City of Sebastian. The City of Sebastian and the City of Vero Beach have requested assistance in funding their celebrations this year. In most years, the County has contributed $2,500 each to the City of Sebastian and the City of Vero Beach, after each of the agencies appropriated and paid an equal amount up to $2,500. Funding Funding in the amount of $5,000 is currently budgeted and available for the firework displays in MSTU Fund/Recreation/Special Events, Account #00410872-041110. Staff Recommendation Staff recommends that the Board of County Commissioners approve funding the firework displays for the Cities of Sebastian and Vero Beach in the amount of $2,500 each. Staff also recommends that each of the cities appropriate and pay an equal amount up to $2,500 and the County will match that amount, up to $2,500 each, after the cities pay their share. Attachments City of Vero Beach - Request for Firework Display Funding City of Sebastian - Request for Firework Display Funding Carol Beraeron From: Kristin Daniels Sent: Wednesday, March 8, 2023 10:01 AM To: 'O'Connell, Jim' Cc: Bursick, Tammy; Carol Bergeron Subject: RE: 4th of July 'Boom on the Lagoon' Thanks Jim. I'll be sure to add this request to the agenda item. Carol will reach out to you moving forward. Kristin Daniels, CGFO Director - Office of Management & Budget Indian River County 772-226-1214 kdaniels@ircgov.com From: O'Connell, Jim <JO'Connell@covb.org> Sent: Wednesday, March 8, 2023 9:39 AM To: Kristin Daniels <kdaniels@ircgov.com> Cc: Bursick, Tammy <tbursick@covb.org> Subject: 4th ofJuly'Boom on the Lagoon' CAUTION: This message is fr6te ai`externa source. Please use caution when opening a ac `menta or clicking` in Dear Ms. Daniels, On behalf of the City of Vero Beach, we would like to formally request that the Indian River County Board of County Commissioners provide their usual contribution of $2500.00 towards the 'Boom on the Lagoon' fireworks display that is scheduled for the 4th of July at Riverside Park. The event has been a great success for many years, and we truly appreciate the contribution. Thanks again to the county for helping us put on this great event. And thank you for all of your help with procuring the county's contribution! Please let me know if you have any questions. iia, 0'490#1MO , Director Vero Beach Recreation Department k, ww, Please Note: Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request Your email communications, including your email address, may therefore be subject to public disclosure. 1 84 Carol Bergeron From: bbenton@cityofsebastian.org Sent: Friday, March 10, 2023 4:18 PM To: Carol Bergeron Subject: 4th of July Fireworks Deposit.... . .... . . ...... Attachments: Xtreme FX LLC +106669+101422.pdf CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Carol, Good afternoon. Attached is the copy of the deposit check paid so far for this year's 4th of July Fireworks event. The City is requesting that the Indian River County Board of County Commissioners continues to donate $2,500 towards the cost of the 2023 Freedom Festival Fireworks Display held on July 4th, 2023. 1 will provide a copy of the final check following the event. Please let me know if you have any questions. Brian Benton, CPRP Leisure Services Director 772-228-7057 bbenton@cityofsebastian.org 000000818 1 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 21, 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: Termination of Bid 2023024 — Annual Bid for Bulk Carbon Dioxide for Water Treatment Plants BACKGROUND: On March 7, 2023, the Board awarded bid 2023024 to Airgas USA ("Airgas"), who was the sole responsive bidder, and who volunteered when contacted to negotiate price, to match the bid price of $0.23 per pound, submitted by the non-responsive bidder, Matheson Tri -Gas, Inc. ("Matheson"). Bulk Carbon Dioxide is used at both the North and South County RO Plants as part of the water treatment process. After notice of award was made, Airgas requested modification to terms and conditions of sale. Staff worked diligently to arrive at mutually -acceptable terms, ensuring the interests of both parties were preserved. During their final review of the negotiated terms and conditions, Airgas indicated they will also require additional delivery fees, and hazardous materials fees (at a minimum of $200 per delivery, per plant) above the $0.23 per pound price. Airgas also wants access to deliver at our plants 24 hours a day and/or to place telemetry monitors on the County's tanks to measure product levels at will, or the County will face an additional $65 per delivery "restricted access" fee. Airgas did present an alternate to the restricted access fee, which would require plant staff to report tank levels to Airgas weekly by email. DISCUSSION: Based on the number of deliveries of carbon dioxide received last year, the requested increase in total cost of the award, above what the Board approved, is three percent. During the negotiation process, Staff came to understand that Airgas interprets our use of purchase orders to facilitate ordering and payment, to override the scope and terms of the bid and its award, and therefore we expect they will continue to request modifications to terms and costs throughout the initial term of the award. This negates the value of having awarded a bid with the anticipation of firm fixed prices, scope of work, and terms. Staff believes it to be in the County's best interest to terminate the award of the bid to Airgas. 01 CONSENT Staff has identified a piggyback -eligible bid, awarded to Matheson by the City of Edgewater, that would enable us to obtain product as needed, and on more favorable and stable terms, although at a higher cost. Matheson has been providing Carbon Dioxide to the County under various piggyback agreements for several years, and Staff has been highly satisfied with their service. The three options available and the annual cost estimate for each are detailed in the table below. Other pricing considered at the time of award is provided in the gray boxes. Firm Source Price per Pound Annual cost for 2,128,000 pounds Airgas USA Actual bid submitted $0.265 $563,920 Matheson Tri -Gas, Inc. Edgewater Bid $0.249 $529,872 Airgas USA Award modified for delivery fees and restricted access fee $0.237 $504,336 Airgas USA Award modified for delivery fee $0.235 $500,080 Airgas USA Negotiated and Awarded Bid $0.23 $489,440 Matheson Tri -Gas, Inc. Disqualified Bid $0.23 $489,440 Staff would like to piggyback the City of Edgewater bid in the short term, and rebid at a later date, specifying that no telemetry will be added to the County's tanks, detailing terms and conditions that are inclusive of some of the chemical safety terms and conditions that were not in the existing bid, and utilizing a formal agreement, rather than purchase orders. 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, 47121936-035230, in the operating fund. Operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/Water Production/Chemicals 47121936-035230 $229,000 RECOMMENDATION: Staff recommends the Board reject the award of bid 2023024 to Airgas USA, and authorize staff to rebid, and piggyback the City of Edgewater bid in the interim. we 0 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 20, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael Zito, Interim County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Final Ranking of Firms and Authorization to Negotiate — RFQ 2023017 WRWWTF Reuse Storage Tank and Pump Station Engineering Consulting Services BACKGROUND: On behalf of the Department of Utilities Services, and in accordance with Section 287.055, Florida Statute (Consultant's Competitive Negotiation Act), statements of qualifications ("SOQs") were requested from qualified engineering firms for design services to facilitate diversion of effluent from its current discharge site (wetland treatment system) and into a tank that can hold at least one day's storage capacity (currently 2 mgd, but estimated to increase to 3 mgd). The effluent will then be distributed from the tank to rapid infiltration basins (RIBS), to reuse, or to the wetland treatment system. DISCUSSION: A selection committee, comprised of Rich Meckes, Water/Wastewater Operations Manager, Mike Loveday, Plant Superintendent, David Messer, Central WWTF Chief Operator, Howard Richards, Utilities Capital Projects Manager, and Harrison Youngblood, Utilities Engineer, independently reviewed, scored, and ranked the received SOQs in accordance with FS 287.055, the RFQ, and the Purchasing Manual. All four submitting firms were invited to participate in discussions, and at the conclusion of the discussions, a final selection committee meeting was held, during which each committee member read his overall ranking of firms, and a final ranking determined. The final ranking established by the committee is: 1. Kimley-Horn and Associates, Inc. 2. Infrastructure Solution Services, LLC 3. Atkins North America, Inc. 4. Masteller & Moler, Inc. Staff is prepared to begin negotiations with the top ranked firm and bring the final agreement to the Board at a meeting in the near future. FUNDING: There is no funding required for this item. A future item will be brought to the Board once a final agreement is reached. RECOMMENDATION: Staff recommends the Board approve the Committee's final ranking and authorize negotiations with the top ranked firm in accordance with FS 287.055, and the subsequently ranked firms, should negotiations with the top ranked firm fail. 90 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Consent Agenda - B. C.C. 3.28.23 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: March 14, 2023 ATTORNEY SUBJECT: Appointments to the Economic Opportunities Council of Indian River County, Inc. The Economic Opportunities Council of Indian River County, Inc. ("EOC") is a non-profit corporation in Indian River County. Since the EOC receives Community Services Block Grant funds, pursuant to 42 USC §9910, the EOC must have 1/3 of the members of its board who are elected officials or their representatives. On March 8, 2022, the Indian River County Board of County Commissioners ("Board") reappointed Jennifer Proper, Teddy Floyd and Jeanette Anderson and appointed Leonard Frankel to the EOC. On December 6, 2022, the Board appointed Nancy McCurry to the EOC to replace Jennifer Proper, whose term expired in October 2022. On March 9, 2023, the Board received a letter from EOC requesting the reappointment of Teddy Floyd, Jeanette Anderson and Leonard Frankel to the EOC. The EOC separately requested the reappointment at this time of Nancy McCurry so that all of the appointments will renew annually at the same time. RECOMMENDATION. The County Attorney recommends that the Board reappoint Teddy Floyd, Jeanette Anderson, Leonard Frankel and Nancy McCurry to the Economic Opportunities Council of Indian River County, Inc. ATTACHMENT. Letter from Angela Davis -Green to Board of County Commissioners, dated March 9, 2023 C. IGraninul x&wr5USlTmpl3Jc8b39d-5665-469c-9j4l-ol3cdw53209.do 91 2455 St. Lucie Avenue Vero Beqck f L 32960 772--02-4177 1O"�1 "W1plp01111WFamdtes C.net March 9, 2023 Board of County Commissioners 180127' Street Vero Beach, FL 32960 Dear Comn*sloners, The Economic Opportunities Council of Indian tiger County, Inc. (EOC) is the federally designated Community Action Agency flu tndfian River Cat ". Chartered in 1965, EOC has provided services to low-income, county,resident for over 50 y As the Commission may know, CoMmunity Action Agencies are the focal grantees for the Community Services Block Grant, and operate under the Community Services Bloch Grant Act 1998 Reauthorization, P. L. 105-295. Required by legislation 4s a tripartite board strut ure; one- third elected officials, or their designees, one-third low-inwme representatives, and one-third members of the private/business community. EOC is required to document commissloWs appointrim, is to Its board. in past years, Commissioners schedule have not allowed for direct participation and have appointed designees to serve in their place. EOC respectfully request consideration :of the following individual to appointment for a one-year term: Teddy Floyd Jeanette Anderson Leonard Frankel EOC appreciates your support, looks forward to working together and helping those within our community who live in poverty, and moves towards self-sufficiency. Sincerely, . Angela Davis -Green Executive Director 00 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael Zito Interim County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director Brian Freeman, AICP MPO Staff Director FROM: Jim Mann, MPA MPO Senior Planner DATE: March 17, 2023 SUBJECT: Right -of -Way Consent Agreement for Construction of the Trans -Florida Railroad Trail through FP&L Easement It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of March 28, 2023. DESCRIPTION, CONDITIONS, AND ANALYSIS The Community Development Department, along with Florida Power and Light Company (FP&L) is requesting a Right -of -Way Consent Agreement for the extension of the Trans -Florida Railroad Trail (trail) through the St. Sebastian River Buffer Preserve (Preserve). This extension is a 1.4 -mile section that is due west of the recently completed pedestrian overpass, that spans Interstate 95. The trail will consist of a 12 -foot -wide asphalt shared -use path that seconds as a natural fire line suitable for heavy safety equipment, three culvert installations that will provide hydrologic connections between surrounding wetlands severed by the construction of the original railroad berm, and installation of collapsible bollards at each end of the Preserve. The trail will be built within abandoned Trans -Florida Central Railroad Right -of -Way as part of the Rails to Trails Program awarded by the Florida Department of Transportation to Indian River County. FP&L currently maintains a 170 -foot wide easement which intersects this trail corridor west of 1-95. On October 18, 2022, the Board of County Commissioners (Board) approved an amendment to easement for construction of the proposed trail extension with the State through the Board of Trustees of the Internal Improvement Trust. Also, on December 20, 2022, the Board approved an agreement with the St. Johns River Water Management District for an easement needed for 93 C:\Granicus\Legistar5\L5\Temp\42156d35-6950-4abd-9022-5408d638de76.docx 1 expansion of the trail. Approval of the Right -of -Way Consent Agreement is needed to construct the trail through the FP&L easement located within the trail corridor. FUNDING The trail will be built within abandoned Trans -Florida Central Railroad Right -of -Way as part of the Rails to Trails Program awarded by the Florida Department of Transportation to Indian River County. Indian River County will enter into a Local Agency Program (LAP) agreement for $1,095,159.00 in construction funding of this project under Optional Sales Tax/Trans Florida Greenway PH II/ Account Number: 31521441-066510-21035, with FDOT funding $920,180.00 and the County funding $174,979.00. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Right -of -Way Consent Agreement and direct staff to submit to FP&L for final execution. ATTACHMENTS 94 2 Structure No.: 82W2-82 W l Section 19, Township 31S, Range 38E: EasementNo.: C14300370 Parcel ID: (Maintained by County Appraiser) RIGHT-O&WAY CONSENT AGREEMENT (Governmental Entity) FLORIDA POWER & LIGHT COMPANY, a Florida corporation ("Company"), with a mailing address at P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereby consents to Indian River County, a Political Subdivision of the State of Florida, ("Licensee"), whose mailing address is 1801 271 Street, Vero Beach, Florida 32960 using that certain area within Company's right-of-way granted by that certain agreement recorded in Official Record Book 38, at Page 257, Official Record Book 194, at Page 474, Public Records of Indian River County, Florida, as more particularly described on Exhibit A attached hereto ("Lands"). Licensee's use of the Lands shall be solely for the purpose of construction of a paved walking trail with a constant 6 -inch rise in grade as shown on the plans and specifications submitted by Licensee, and attached to this Right -of -Way Consent Agreement (Governmental Entity) ("Agreement") as Exhibit B. and for no other purpose whatsoever. In consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this Agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time -to -time may require Licensee, to relocate, alter, or remove its facilities and equipment, including parking spaces and areas, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other improvements within thirty (30) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration, or removal, Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee hereby agrees to immediately reimburse Company for all of its costs and expense incurred in connection therewith upon demand. 3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]), Form 3740GROW Rev, 09/2Q6 Page 1 of 6 petroleum products, liquids or flammables shall be placed on, under, transported across or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost and expense, correct such condition or situation; provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement. 4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a one hundred and fifty (150) foot wide area, clear of any activities, with a lineal measurement of seventy five (75) feet on each side of the centerline of Company's existing and planned facilities. 5. Licensee understands and agrees that the planting of trees, shrubs, and other foliage capable of exceeding fourteen (14) feet in height at full maturity is not permitted within Company's Lands. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one (1) foot below existing road grade. 8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Company's facilities. Licensee hereby acknowledges the receipt and required execution of Form 360, a copy of which is attached hereto as Exhibit C, prior to the commencement of any construction within the Lands. 9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris. Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping, and Licensee agrees to notify its employees, agents, contractors, and invitees accordingly. 10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for its purposes. 11. Notwithstanding any provision contained herein to the contrary, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation, rearrangement or change. Form 3740GROW Rev. 09/22M Page 2 of 6 .7V 12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees subject to the limitations contained in Section 768.28, Florida Statutes, if applicable, to indemnify and save harmless Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (collectively, the "FPL Entities"), from all liability, loss, cost, and expense, including attorneys' and paralegals' fees and court costs at all trial and appellate levels, which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property, arising out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees; and Licensee agrees subject to the limitations contained in Section 768.28, Florida Statutes, if applicable, to defend at its sole cost and expense and at no cost and expense to FPL Entities any and all suits or action instituted against FPL Entities, for the imposition of such liability, loss, cost and expense. 13. Licensee shall, and shall cause each of Licensee's contractors and subcontractors performing work in connection with the project during the period of this Agreement, to procure and maintain at Licensee's and such contractors' and subcontractors' sole expense, the following minimum insurance, with insurers with a rated "A-, VII" or higher by A.M. Best's Key Rating Guide (i) General Liability insurance with limits of $3,000,000 for bodily injury or death of person(s) and property damage per occurrence, which shall insure against obligations assumed by Licensee in indemnity provision set forth in Section 12 above, (ii) Workers' Compensation Insurance for statutory obligations imposed by applicable laws, (iii) Employers' Liability Insurance with limits of $1,000,000 for bodily injury per accident, by disease per policy and disease per employee and, (iv) Automobile Liability Insurance which shall apply to all owned, non -owned, leased and hired automobiles with limits of $1,000,000 combined single limit. Except for the Workers' Compensation Insurance, License shall name Company as an additional insured and provide for a waiver or subrogation in favor of Company. Upon execution of this Agreement, License shall provide evidence of the required insurance coverage in the form of an ACORD certificate to Company evidencing that said policy of insurance is in force and will not be cancelled or non -renewed so as to affect the interests of Company until thirty (30) days written notice has been furnished to Company. Upon request, copies of policies will be furnished to Company by Licensee. Licensee understands and agrees that the use of the Lands for the purposes described herein is expressly contingent upon acceptance and compliance with the provisions contained herein. Licensee shall be responsible for managing and administering all insurance policies required hereunder, including the payment of all deductibles and self-insured retention amounts, the filing of all claims and the taking of all necessary and proper steps to collect any proceeds on behalf of the relevant insured person or entity. Licensee shall at all times keep Company informed of the filing and progress of any claim. If Licensee shall fail to perform these responsibilities, Company may take such action as it determines appropriate under the circumstances. In the event Licensee collects proceeds on behalf of other persons or entities, it shall ensure that these are paid directly from the insurers to the relevant person or entity and, in the event that it receives any such proceeds, it shall, unless otherwise directed by Company, pay such proceed to such party forthwith and prior thereto, hold the same in trust for the recipient. Nothing in this Section shall be deemed to limit Licensee's liability under this Agreement regardless of the insurance coverages required hereunder. No limitation of liability provided to Licensee under this Agreement is intended nor shall run to the benefit of any insurance company or in any way prejudice, alter, diminish, abridge or reduce, in any respect, the amount of proceeds of insurance otherwise payable to Company under coverage required to be carried by Licensee under this Agreement, it being the intent of the parties that the full amount of insurance coverage bargained for be actually available notwithstanding any limitation of liability contained in this Agreement, if any. Company assumes no responsibility for the solvency of any insurer or the failure of any insurer to settle any claim. In the event that the Licensee self - insures, Licensee shall provide Company with a letter of self-insurance in form and substance satisfactory to Company's Risk Management Department. Licensee's contractors and sub -contractors may not self - insure. This Section shall survive the expiration or earlier termination of this Agreement Form 3740GROW Rev. 09/22gl Page 3 of 6 CJI 14. This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety (90) days written notice by Company to Licensee, or at the option of Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. 15. "rhe use granted herein as shown on Exhibit B shall be under construction by Licensee within one (1) year of the effective date of this Agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days prior written notice of its commencement of construction. "Under construction" means the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, purchasing construction materials, placing such construction materials on the site, clearing or grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of two (2) months or more. Licensee acknowledges that failure to have the use under construction within the one (1) year time period will result in immediate termination of this Agreement in accordance with Section 14 above for failing to comply with the provisions contained herein unless Licensor grants a written extension for a mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee no later than thirty (30) days prior to the expiration of the one (l ) year period for the project to be under construction. 16. The term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s) and the obligations contained herein shall be absolute and primary and shall be complete and binding as to each, including its successors and assigns, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. 17. In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 18. In the event of any litigation arising out of enforcement of this Agreement, the prevailing party in such litigation shall be entitled to recovery of all costs, charges and expenses of enforcement, including reasonable attorneys' and paralegals' fees and court costs at all trial and appellate levels. 19. This Agreement constitutes the entire Agreement between the parties relative to the transaction contemplated herein and neither this Agreement nor any term or provision hereof may be changed or waived except by an instrument in writing and executed by both Licensee and Company. 20. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Florida. 21. This Agreement may be executed simultaneously or in counterparts, each of which together shall constitute one and the same agreement. 22. This Agreement shall not be construed more strictly against one party than against the other, merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both Licensee and Company have contributed substantially and materially in the negotiation and preparation of this Agreement, and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits, schedules, addendums or amendments hereto. Form 3740GROW Rev. 09/2�7Q Page 4 of 6 .i7 V0 23. Licensee may assign its rights and obligations under this Agreement to a solvent party upon prior written consent of Company. 24. Licensee agrees that any review or approval by Company of the plans and/or specifications submitted by Licensee attached hereto as Exhibit B, the approval of the identity of any contractors, subcontractors and materialmen, or the delivery by Company of any construction specifications to Licensee, is solely for the purpose of processing this Agreement,, and without any representation or warranty whatsoever to Licensee with respect to the adequacy, con-ectness or efficiency thereof or otherwise and it is understood that such Company's approval does not absolve Licensee of any liability hereunder. Further, Licensee, in connection with the construction, maintenance and/or removal of improvements depicted on Exhibit B to this Agreement, agrees to observe and fully comply with all construction, operation and maintenance standards, as well as all applicable laws, rules and regulations of the United States, the State of Florida, and all agencies and political subdivisions thereof, including without limitation, the National Electrical Safety Code and the Occupational Safety & Health Administration regulations, standards, rules, registers, directives or interpretations. 25. This Agreement includes and is subject to the provisions described on the attached Addendum. IN WITNESS WHEREOF, the Board has executed this Agreement at as of the date approved below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY. Joseph H. Earman, Chairman BCG Approved: Attest: Jeffrey R. 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NOTIFICATION OF FPL FALRfE Customerftency gate ofMeeting lContact DeveloperiContractor Nan1e Project Number/Name; Location of Project City< FPL Representative Phone: - Developer/Contractor Representative FPL Work Request #!Work Dale[ FPL calls your attention to the fact that there may be energized, high voltage electric lines, both overhead and underground, located in the area of this project. It is imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed improvements will bring any person, too], machinery, equipment or object closer to FPL's power lines than the OSHA -prescribed limits, If it will, you must either re -design your project to allow it to be built safely given the preexisting power line location, or make arrangements with FPL to either deenergize and ground our facilities, or relocate them, possibly at your expense. You must do this before allowing any construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors, and their employees, will operate or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, in dangerous proximity to such power lines during the course of construction, and, if so, when and where. Therefore, if it becomes necessary for any contractor or subcontractor, or their employees, to operate or handle cranes, digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer to underground or overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented. The National Electrical Safety Code ('NESC') prescribes minimum clearances that must be maintained. If you build your structure so that those clearances cannot be maintained, you may be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such, you should contact FPL prior to commencing construction near pre-existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the NESC clearances. It is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations: 1. Make absolutely certain that all persons responsible for operating or handling cranes, digging apparatus, draglines, mobile equipment or any equipment, tool, or material capable of contacting a power line, are in compliance with all applicable state and federal regulations, including but not limited to U.S. Department of Labor OSHA Regulations, while performing their work. 2. Make sure that all cranes, digging apparatus, draglines, mobile equipment, and all other equipment or materials capable of contacting a power line have attached to them any warning signs required by U.S. Department of tabor OSHA Regulations. 3. Post and maintain proper warning signs and advise all employees, new and old alike, of their obligation to keep themselves, their tools, materials and equipment away from power lines per the following OSHA minimum approach distances (refer to OSHA regulations for restrictions): 'Power Line Vottaoes -Personnel and Equipment Cranes and Derricks Travel under or near Power Lines (on construction sites no load) (29 OR 1910.333 and 1926.600) (29 GFW1926.1407,1408) (290FR 1926.600 -Equipment) (1926.1411 -Cranes and Derricks) 0 - 750 volts 10 Feet 10 Feet 4 Feet 4 Feet 751- 50,000 volts 10 Feet 10 Feet 4 Feet 6 Feet 69,000 volts 11 Feet 15 Feet 10 Feet 10 Feet 115,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 138,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 230,000 volts 16 Feet 20 Feet 1D Feet 10 Feet 500,000 volts 25 Feet 25 Feet 'Iii Feet 16 Feet 'When uncertain of the voltage, maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000 volts. " For personnel approaching insulated secondary conductors less than 750 volts, avoid contact (Maintain 10 Feet to bare energized conductors less than 750 volts). For qualified personnel and insulated aerial lift equipment meeting requirements of 29 CFR 1910.333, distances may be reduced to those shown in 29 GFR 1914.333 Table 54. 4. All excavators are required to contact the Sunshine State One Call of Florida, phone number 1-800432.4770 or 811 a minimum of two woikirtg r (excluding weekends) in advance of commencement of excavation to ensure facilities are located accurately. 5. Conduct all locations and excavations in accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention & Safety Act and all local city and county ordinances that may apply. 6. When an excavation is to take place within a tolerance zone, an excavator shall use increased caution to protect underground facilities. The protection requires hand digging, pot holing, soft digging, vacuum methods, or similar procedures to identify underground facilities. A copy of this notification must be provided by you to each contractor and subcontractor on this project, to be shared with their supervision and employees prior to commencing work on this project. Means by which this notification was PwAded10IXilWM iladbr INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael C. Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Kirstin Leiendecker P.E., Assistant Public Works Director SUBJECT: Award of RFQ No.2022072 (IRC -1505B) CEI Services for 66th Avenue (6911 Street to CR-510/85th Street) DATE: March 16, 2023 DESCRIPTION AND CONDITIONS • On June 14, 2022 the Board of County Commissioners approved an Agreement with the Florida Department of Transportation to provide the County with financial assistance under Financial Management (FM) No. for 436379-2-54-01 for the widening of 66th Avenue from a two-lane to a four - lane divided highway from 69th Street to CR-510/85th Street. Also included in the grant are construction engineering inspection (CEI) services through its Transportation Regional Incentive Program (TRIP) with an estimated cost of the project of $15,708,271.04. The FDOT TRIP grant amount approved was for $7,000,000.00 with the County's cost share to be $8,708,271.04. This TRIP Agreement also required the County to hire a FDOT prequalified consultant firm to perform Construction Engineering Inspection (CEI) Services as defined in the Agreement. The County has since advertised CEI Services for a Request for Qualifications (RFQ). On November 8, 2022, the Board of County Commissioners approved final ranking and authorized negotiations with the top ranked firm from the CEI Services RFQ selection process, Consor Engineers, LLC, in accordance with FS 287.055. The purpose of this Construction Engineering and Inspection (CEI) Agreement is to provide construction administration, inspection and testing services for the upcoming 66th Avenue improvements from 69th Street to CR-510/85th Street. The proposed improvements will include widening and reconstruction of the existing roadway to a 4 -lane divided roadway section within the project limits. Curb and gutter and a raised median will be provided. An 8' wide concrete sidewalk will be provided on the west side of the roadway. Also included will be stormwater drainage improvement, pavement markings, traffic signals and landscape and irrigation improvements. The CEI Services Agreement is for a total lump sum amount of $2,998,953.39. 135 Page Two Award of RFQ No. 2022072 Agenda Item for March 28, 2023 FUNDING Funding for the CEI Services is available from Traffic Impact Fees/District 1 Roads/Construction in Progress/661h Ave — 69th Street to 85th Street, in the amount of $2,105,082.39, and Traffic Impact Fees 2020/District 1 Roads/Construction in Progress/66th Ave — 691h Street to 85th Street. Description Account Number Amount Traffic Impact Fees/District 1 Roads/Construction in Progress/661h 10215141-066510-16009 $2,105,082.39 Ave — 691h Street to 85th Street Traffic Impact Fees 2020/District 1 Roads/Construction in Progress/661h 10415141-066510-16009 $893,871.00 Ave — 69th Street to 85th Street RECOMMENDATION Staff recommends approval of Agreement with Consor Engineers, LLC, authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Agreement on their behalf for a lump sum amount of $2,998,953.39. ATTACHMENTS Agreement for Professional Services AGENDA ITEM FOR MARCH 28, 2023 136 C:\Gr icus\Legistar5Q.5\Temp\3abaac32ca2e-4ab5-b838-8e76040e0206.doc AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), entered into as of this day of , 2023 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach FL 32960 ("COUNTY"), and CONSOR ENGINEERS, LLC, headquarters in Houston Texas and authorized to do business in Florida, whose address is 1511 N. Westshore Boulevard, Suite 220, Tampa, FL 33607 ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY solicited Requests for Statements of Qualification #2022072 for Construction Engineering and Inspection (CEI) Services for IRC -1505B (66th AVE From 69th St to CR-510/85th St) (FDOT FM No. 436379-2-54-01) ("Project") attached as Attachment A to this Agreement and made a part hereof by reference. B. As a result of its response, the County has selected Consultant to provide certain professional services relating to Public Works, ("Services") as more fully set forth in the Scope of Services dated 1/08/2019, included in Attachment A (pages 18 through 43) to this Agreement and made a part hereof by reference. C. Consultant submitted a Qualified Fee Proposal dated March 10, 2023, attached as Attachment B to this Agreement and made a part hereof by reference. The Qualified Fee Proposal is based on the Scope of Services included in Attachment A. D. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and E. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in recognition and consideration of the above Recitals, which are not merely prefatory, but are incorporated by reference as though fully set forth herein and form part of the consideration, terms and conditions of this Agreement, and in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: GENERAL. 1.1 All professional services provided by the Consultant for the COUNTY shall be as identified in Attachment A and invoiced per Attachment B (collectively, the "Attachments", individually, Attachment A or Attachment B). The parties agree that the fully loaded hourly rates and staff hours shown in Attachment B are estimates only to be 137 used for billing purposes and that Consultant's compensation is the total lump sum as set forth in paragraph 5.1. Consultant's services will be performed in a timely, efficient, cost- effective manner. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. The Consultant will use due care in performing its services and will have due regard for acceptable engineering standards and principles. Consultant's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. The Attachments include a description of services to be performed; a statement of fees; proposed schedule for compensation; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the Consultant (20 months) which is dependent on the schedule of the construction contractor; and any other additional instructions or provisions relating to the specific Services authorized that do not conflict with the terms of this Agreement. 1.3 Additional services not contained in the Attachments which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Attachments shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Agreement, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Agreement. 1.4 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the Project and as otherwise provided in Attachment B. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that are made known to the Consultant, but Consultant is not responsible for discovering errors, omissions, or inconsistencies in the drawings or data provided. 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2 :1 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all reports, sketches, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the Consultant's work, including but not limited to written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with this Agreement. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub - consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, this Agreement shall be modified in writing, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 3 139 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary Construction Engineering and Inspection services as outlined in Attachment B, in connection with the assigned Project(s) as set forth in this Agreement. 3.2 Not used 3.3 The Consultant agrees to complete the Project within 600 calendar days, as may be modified from time to time based on the progress of the construction contract. 3.4 The Consultant will maintain an adequate staff of qualified personnel. 3.5 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 Not used 3.9 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 3.11 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all related work open to the inspection of the County Project Manager or her/his authorized agent at any time, upon reasonable request. 4 'R 3.12 All documents, reports, field books, survey notes and information, , and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The Consultant will confer with the COUNTY during the project(s) for which the Consultant has provided CEI services, and the Consultant will make corrections to the Consultant's Work Product at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant that corrections are needed, whichever event shall first occur. 3.14 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. However, the Consultant is permitted to retain sub -consultants to perform work under this Agreement. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any documents prepared by the Consultant is prohibited and shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 3.17 Consultant is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and compliance for all subcontractors. 5 141 4. TERM; TIME FOR COMPLETION. 4.1 The time for completion of the Project shall be 600 calendar days, as may be modified from time to time based on the progress of the construction contract. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant the mutually agreed professional fee of TWO MILLION NINE HUNDRED NINETY-EIGHT THOUSAND NINE HUNDRED FIFTY-THREE DOLLARS AND THIRTY-NINE CENTS ($2,998,953.39) for Services rendered for the Project, to be paid in monthly installments based on staff hours expended and materials and geotechnical tests performed, as set forth in the Attachments. Duly certified invoices, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will review and will authorize payment to be made. All payments for services shall be made to the Consultant 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.). 5.1 .1 The Consultant acknowledges and agrees that it will not be reimbursed for any travel within the State of Florida associated with its Services on this Project. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services under the Contract, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable Amendment to the Contract. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under the Attachments at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. C 142 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub -consultant, such additional services by an Amendment to the Contract. 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant's insurance coverage shall be primary. 7.3 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.4 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.5 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.6 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.7 Consultant shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 7.8 Consultant agrees that it now carries and will continue to carry during the performance of this Agreement, at its own expense, the applicable insurance policies indicated below, with limits not less than those specified. Any insurance on a "claims made" basis shall be maintained for at least 3 years after completion of the Services. A. Worker's Compensation — Statutory B. Employer's Liability - $1,000,000 per occurrence C. Commercial General and Contractual Liability — $1,000,000 per occurrence D. Automobile Liability - $1,000,000 per occurrence E. Umbrella Liability - $2,000,000 aggregate (in excess of B., C. and D. above) 7 143 F. Professional Liability - $1,000,000 per claim/aggregate. 7.9 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or (d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY shall be obligated to pay the Consultant for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the Consultant, up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 In addition to the termination rights set forth in 8.1, the obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 0 144 8.8 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those related entities of CONSULTANT 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, CONSULTANT certifies that it and those related entities of CONSULTANT 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 CONSULTANT 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 CONSULTANT, 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. 9. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The original contract price and any additions thereto will be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time - to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 0 145 10. MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to 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 federal jurisdiction, in the United States District Court forthe Southern District of Florida. The prevailing party in any lawsuit arising out of or related to this Agreement shall be entitled to recover its reasonable attorney's fees and costs, including fees and costs through appeal. The parties expressly and voluntarily waive any and all rights to trial by jury in connection with any litigation arising out of or related to this Agreement. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or 10 unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10.8 Public Records. A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant 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 Consultant 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 Consultant or keep and maintain public records required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO 11 147 THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960. C. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Richard B. Szpyrka, P.E. 1801 27th Street Vero Beach, FL 32960-3365 Facsimile: (772) 770-5143 Consultant: CONSOR Engineers LLC Attn: William R. Adams, III 1511 N. Westshore Blvd. Suite 220 Tampa, FL 33609 Email wadams@consoreng.com Notices shall be effective when received at the address as specified above. Email transmission is acceptable notice effective when received, provided, however, that email transmissions received after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 12 10. 11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 13 149 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. CONSOR ENGINEERS, LLC William R. Adams, III, Sr. Vice President Date Witness: By 14 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS a Joseph H. Earman, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved: Michael C. Zito Interim County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 150 VFkc� Indian River County Purchasing Division �4 ?� 180027 1h Street Vero Beach, FL 32960 `at QRr9' Phone (772) 226-1416 Request for Qualifications Project Name: Construction Engineering and Inspection (CEI) Services for IRC -1505B (66th AVE From 69th St to CR-510/85th St) (FDOT FM No. 436379-2-54-01) RFQ #: 2022072 RFQ Opening Date: Wednesday, August 31, 2022 RFQ Opening Time: 2:00 P.M. All Statements of Qualifications (SOQs) must be received by the Purchasing Division, 180027 th Street, Vero Beach, Florida 32960 prior to the date and time shown above. Late responses will be not be accepted or considered. PLEASE SUBMIT: (1) ONE MARKED ORIGINAL SOQ, (5) COPIES OF YOUR SOQ, AND ONE ELECTRONIC COPY AS A SINGLE PDF ON USB, CD OR EMAILED TO PURCHASING@IRCGOV.COM PRIOR TO THE RFQ OPENING DATE AND TIME. Refer All Questions to: Email: purchasing@ircgov.com Page 1 of 17 151 IRC -15058 RFQ-CCNA 2022 FINAL REQUEST FOR QUALIFICATIONS RFQ # 2022072 Construction Engineering and Inspection (CEI) Services for IRC -15058 (66th AVE From 69th St to CR-510/85th St) In compliance with Section 287.055, Florida Statutes, the Indian River County Board of County Commissioners is requesting Statements of Qualifications (SOQs) for professional architectural and engineering firms for Construction Engineering and Inspection (CEI) Services for IRC -1505B — 66th AVE From 69th St to CR-510/85th St. Detailed specifications are available at: www.demandstar.com or by selecting "Current Solicitations" at http:/Jwww.ircgov.com/`Departments/Budget/Purchasing. Receipt of one original and five (5) copies, plus one electronic copy of the SOQ by the Purchasing Division, 180027 th Street, Building B, Vero Beach, Florida 32960 must occur by 2:00 p.m. Wednesday, August 31, 2022. Initial screening, ranking, final ranking and negotiations will be in accordance with the Consultant Competitive Negotiation Act, Section 287.055, Florida Statutes. The Board of County Commissioners reserves the right to accept or reject any and all submittals and to waive any and all informalities. PURCHASING MANAGER INDIAN RIVER COUNTY Publish: For Publication on Demandstar and Vendor Registry, Thursday, July 28, 2022 Page 2 of 17 152 IRC-15058 RFQ-CCNA 2022 FINAL Scope of Services See Exhibit "A" Page 3 of 17 153 IRC -15058 RFQ-CCNA 2022 FINAL Submittal Instructions Professional Engineering Firms (Consultants) responding to this Request for Qualifications (RFQ) shall submit the following in their Statement of Qualifications (SOQ): Information to Be Submitted: Submit one marked original and five (5) copies, plus one electronic copy (both printed and electronic copies are required). SOQs must include and are requested to be organized as follows: a. A history a description of the range of services offered by of the Consultant. b. Summaries or biographies of the required Consultant Staff that will be assigned to the County. Include name, background, special skills, number of years with the firm and years of experience. Identify the Consultant's representative assigned to manage the County's project. c. A detailed description of the Consultant's approach to successful completion of services such as those described within this RFQ. d. A description of expertise or unique capability Consultant can provide the County. e. Provide a projected timeline/schedule with the Consultant's methodology. f. References from municipalities Consultant has provided the similar services for in the last five years. Please provide contact name, phone number, email address and project name. g. Litigation: List of all ligation cases during the past three (3) years in which the proposing firm has been a named party. Provide case number, case venue, and brief description of facts. h. Firm Information form i. Sworn statement on Disclosure of Relationships as per Section 105.08 of the Indian River County Code. j. Certification Regarding Prohibition Against Contracting with Scrutinized Companies k. Certification regarding lobbying I. Certification regarding debarment Method of Selection: The County shall convene a Selection Committee of which the responsibility shall be as follows: a. Independently review and evaluate each Submittal 1. Each Committee member shall evaluate each firm by assigning a number of points for each criterion, as established in the solicitation, and then totaling the number of points for all criteria. 2. Each Committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked # 1. b. Asa "Committee of the whole", develop a combined ranking order of all Submittals meeting minimum qualifications. The ranking of firms shall be done in the following manner: 1. The rankings received by each firm from all Committee members shall be totaled and divided by the number of Committee members, to produce an average ranking. 2. The firm receiving the lowest average ranking (i.e. closest to # 1) shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average ranking. 3. In the event of a tie, the ranking of tied firms shall be determined by a comparison of the total number of points received by each firm from all Committee members. The firm with the highest number of points will be awarded the higher ranking position. 4. The Committee may discuss the rankings and their reasons behind them, and each member may modify their ranking of firms accordingly until the Committee is satisfied with the rankings. 5. After interviews, and based upon information learned during the interviews, each Committee member will rank the firms in order of preference and a consolidated final Committee ranking established. Page 4 of 17 154 IRC-1505B_RFQ-CCNA_2022 FINAL c. The County may, solely at its own option, seek additional Submittals with this or a similar Submittal in the event the County, solely at its own option, determines that the quantity and/or quality of Submittals received is insufficient to meet the County's needs and/or that award of a contract arising from this RFP would not be in the public interest. d. The Committee shall forward its recommendations in accordance with the ranking to the Indian River County Board of County Commissioners, which shall, at its sole option, authorize negotiations of a contract pursuant to the requirements of Florida law. e. The Indian River County Board of County Commissioners possesses sole authority to award a contract for the services sought herein. Criteria for Award: EVALUATION CRITERIA EVALUATION POINTS MAXIMUM 1. Firm qualifications/capabilities and similar projects* 20 2. Staff qualifications 15 3. Approach 20 4. Proposed Timeline 20 5. References 25 TOTAL 100 *In determining whether a firm is qualified, the Committee shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. Page 5 of 17 155 IRC -15056 RFQ-CCNA 2022 FINAL General Instructions Cone of Silence. Potential respondents and their agents must not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to this solicitation. This restriction is effective from the time of solicitation advertisement until the Board of County Commissioners meets to authorize award. Such communication may result in disqualification. Sealed Submittals and Envelope Markings: All responses shall be submitted in a sealed envelope or box. The outside of the envelope shall be clearly marked with the Consultant's Name and Return Address RFQ # Title Date of opening, and Time of Opening. Opening Location: Responses must be received by the Purchasing Division at 1800 27th Street, Vero Beach, FL 32960, on or before the closing hour and date listed in the Request for Qualifications. SOQs submitted after the stated time and date will not be accepted or considered. Submission: Submit one marked original and five (5) copies of your SOQ, PLUS one electronic copy submitted or CD, USB drive or by email to purchasing@ircgov.com PRIOR to the due date and time for responses. Both printed and electronic copies are required. Public Record Exemption: Correspondence, materials, and documents received pursuant to this Invitation for Bid become public records subject to the provisions of Chapter 119, Florida Statutes. Should the Bidder assert any exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Bidder. Taxes: Indian River County is exempt from any taxes imposed by State and / or Federal Government. Exemption Certificates, if required, are to be furnished by the successful Consultant and will be filled out by the County. Indemnification: The Consultant shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Public Access: The Consultant shall comply with Florida's Public Records Law in accordance with the provisions of Chapter 119, Florida Statutes. Specifically, the Consultant shall keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. The Consultant shall provide the public with access to public records on the same terms and conditions that the County would provide the records at a cost that does not exceed the costs provided in Chapter 119 or as otherwise provided by law. The Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. The Consultant shall meet all requirements for retaining public records and transfer, at no cost, to the County, all public records in possession of the Consultant upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Consultants are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity Page 6 of 17 156 IRC -15056 RFQ-CCNA 2022 FINAL crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); 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 in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $35,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. Suspension and Debarment: Indian River County will not make award to parties listed on the government -wide exclusions in the System for Award Management (SAM). The Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Consultant further agrees to include a provision requiring such compliance in its lower tier covered transactions. Scrutinized Companies Lists: The Consultant certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Contractor certifies that it and those related entities of respondent as defined 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. The County may terminate this Contract if Company is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in 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. County may terminate this Contract if Company, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies, that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Accordingly, firms responding to this solicitation shall return with their response an executed copy of the attached "Certification Regarding Prohibition Against Contracting With Scrutinized Companies." Failure to return this executed form with submitted bid/proposal/statement of qualifications will result in the response being deemed non-responsive and eliminated from consideration. Non -Discrimination: Indian River County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. Page 7 of 17 157 IRC -15058 RFQ-CCNA 2022 FINAL E -Verify: Consultant must be registered with and use, at their sole expense, the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees, as required by Section 448.095, F.S. Owner, contractor, and subcontractors may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Consultant is responsible for obtaining proof of E -Verify registration for all subcontractors/subconsultants. This requirement applies to any provider of services or goods. Local Preference: Indian River County has no local ordinance or preferences, as set forth in section 255.0991(2), Florida Statutes, in place, therefore no preference prohibited by that section will be considered in the acceptance, review or award of this solicitation. Regulations: It shall be the responsibility of the Consultant to assure compliance with any OSHA, EPA and / or other Federal or State of Florida rules, regulations, or other requirements, as each may apply. Interpretations: No oral interpretations will be made to any Consultant as to the meaning of the RFQ documents. Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County (purchasing@ircgov.com) ten (10) or more days before the date fixed for opening of the RFQ. The County shall not be responsible for oral interpretations given by any County employee. Every interpretation made to Consultants will be in the form of an Addendum, which if issued, will be sent promptly as is practical to all persons to whom RFQ documents have been issued. All such Addenda shall become part of the RFQ documents. Further, it shall be the responsibility of each Consultant, prior to submitting their SOQ, to contact Indian River County's Purchasing Division at (772) 226-1416 to determine if addenda were issued and to make such addenda a part of their SOQ. Applicable Law and Venue: Contract(s) resulting from this RFQ and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated in this solicitation and resulting agreement. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. Conflict of Interest: Any entity submitting a bid, proposal, qualifications or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: father, mother, son, daughter, brother, sister, uncle, aunt first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a County approved form. Failure to submit the form will be cause for rejection of the bid or proposal. Prohibition Against Contingent Fees: If a contract is entered resulting from this request for qualifications, it shall include a prohibition against contingent fees statement, as required by FS 255.087. Right to Protest: Any actual or prospective responding Consultant who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have Page 8 of 17 158 IRC -15058 RFQ-CCNA 2022 FINAL known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. Awards: The County reserves the right to cancel the solicitation, reject any and all SOQs or waive any irregularity or technicality in submittals received. The County reserves the right to not make any award(s) under this solicitation. Termination by the County: The County reserves the right to terminate a contract by giving thirty (30) days notice, in writing, of the intention to terminate, if at any time the Consultant fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for convenience of the County and / or with or without cause. Compliance with Laws and Regulations: Consultant agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by this solicitation and resulting agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts. Insurance: The Consultant shall provide, prior to execution of the contract, the insurance required under this section for approval by the County. Firm's insurance shall be primary. The County shall be named as an additional insured for both General Liability and Automobile Liability. The awarded firm shall maintain the following limits of insurance during the term duration of this agreement. General Liability Each Occurrence $500,000 Fire Damage -any one fire $50,000 Medical Expenses -any one person $5,000 Personal and Advertising Injury $500,000 General Aggregate $500,000 Combined Single Limit $500,000 Automobile Liability — Combined Single Limit $500,000 Worker's Compensation as required by the State of Florida Each accident $100,000 Each Disease — Each employee $100,000 Each disease — policy limit $500,000 Professional Liability Insurance $1,000,000 per occurrence $2,000,000 aggregate combined single limit $5,000 maximum deductible per claim The policy shall cover the firm, all employees, and/or volunteers, and all independent contractors, subcontractors and professional contractual persons hired or retained by contractor. Page 9 of 17 159 IRC -15058 RFQ-CCNA 2022 FINAL All above insurance policies shall be placed with insurers with a Best's rating of no less than A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate. Indian River County reserves the right to accept or reject any or all SOQs in whole or in part and waive any and all any technicalities or irregularities. Page 10 of 17 160 IRC -15058 RFQ-CCNA 2022 FINAL FIRM INFORMATION Communications concerning this statement of qualifications shall be addressed to: Company Name Tax ID Number W_g Attached ❑ Contact Name Phone Title Email Address The following addenda are hereby acknowledged: Addendum Number Date 1. How many years has your organization been providing these services? 2. List State of Florida Registration Number(s): 3. List government agencies and private firm(s) with whom you have completed similar work: Agency/Firm Name: Address: Contact Name: Title: E -Mail: Phone: Services Provided: Dates of Service: Agency/Firm Name: Address: Contact Name: E -Mail: Services Provided: Dates of Service: Title: _ Phone: Page 11 of 17 161 IRC -15058 RFQ-CCNA 2022 FINAL Agency/Firm Name: Address: Contact Name: E -Mail: Services Provided: Dates of Service: Agency/Firm Name: Address: Contact Name: E -Mail: Services Provided: Dates of Service: 4. Date Registered with e-Verify.gov: Title: _ Phone: Title: _ Phone: Certificate # 5. List all ligation cases during the past three (3) years in which the Consultant has been a named party. Use additional sheets, as necessary. Year filed I Case number I Venue I Descriotion Page 12 of 17 162 IRC -15058 RFQ-CCNA 2022 FINAL SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2022072 for Construction Engineering and Inspection (CEI) Services for IRC -1505B — 66th AVE From 69th St to CR-510/85th St. 2. This sworn statement is submitted by: (Name of entity submitting Statement) whose business address is: and its Federal Employer Identification Number (FEIN) is My name is (Please print name of individual signing) and my relationship to the entity named above is 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the Page 13 of 17 163 IRC -15058 RFQ-CCNA 2022 FINAL entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate or entity STATE OF COUNTY OF Name of County Commissioner or employee Sworn to (or affirmed) and subscribed before me by means of ❑ physical notarization, this day of 201 by person making statement). Relationship (Signature) (Date) presence or ❑ online (name of (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. Page 14 of 17 164 IRC -15056 RFQ-CCNA 2022 FINAL CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES (This form MUST be submitted with your response) I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are 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 s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has 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 it is found to have been engaged in business operations in Cuba or Syria. Name of Respondent: By: (Authorized Signature) Title: Date: Page 15 of 17 165 IRC -15056 RFQ-CCNA 2022 FINAL CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned Firm certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date Page 16 of 17 166 IRC -1505B RFQ-CCNA 2022 FINAL CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION (1) The CONSULTANT certifies, by submission of this SOQ, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this SOQ. Signature of Proposer's Authorized Official Name and Title of Proposer's Authorized Official Date Page 17 of 17 167 EXHIBIT "A" CONSTRUCTION ENGINEERING AND INSPECTION SCOPE OF SERVICES FOR Project Description: 66`h Avenue From 69th Street to CR-510/85th Street IRC Project No.: IRC -1505B IRC RFQ No.: 2022072 Financial Project ID(s): 436379-2-54-01 Federal Project No.: N/A Version 1.0_ 01/08/2019 168 TABLE OF CONTENTS Contents 1.0 PURPOSE: ............................................................................................................................................... 3 2.0 SCOPE: .................................................................................................................................................... 3.0 LENGTH OF SERVICE: ........................................................................................................................ 3 4.0 DEFINITIONS: ....................................................................................................................................... 4 5.0 ITEMS TO BE FURNISHED BY INDIAN RIVER COUNTY TO THE CONSULTANT: .................. 5 6.0 ITEMS FURNISHED BY THE CONSULTANT: ................................................................................... 6 6.1 INDIAN RIVER COUNTY DOCUMENTS: ..................................................................................................... 6 6.2 INDIAN RIVER COUNTY DOCUMENTS: ..................................................................................................... 6 6.3 OFFICE AUTOMATION: ............................................................................................................................ 6 6.4 FIELD OFFICE: ........................................................................................................................................ 7 6.5 VEHICLES:.............................................................................................................................................7 6.6 FIELD EQUIPMENT: ................................................................................................................................. 7 6.7 LICENSING FOR EQUIPMENT OPERATIONS: ............................................................................................... 7 7.0 LIAISON RESPONSIBILITY OF THE CONSULTANT: ..................................................................... 8 8.0 PERFORMANCE OF THE CONSULTANT: ........................................................................................ 8 9.0 REQUIREMENTS OF THE CONSULTANT: ....................................................................................... 8 9.1 GENERAL: .............................................................................................................................................. 8 9.2 SURVEY CONTROL: ................................................................................................................................ 9 9.3 ON-SITE INSPECTION: ............................................................................................................................. 9 9.4 SAMPLING AND TESTING: ........................................................................................................................ 9 9.5 ENGINEERING SERVICES: ...................................................................................................................... 10 9.6 GEOTECHNICAL ENGINEERING: ............................................................................................................. 13 10.0 PERSONNEL: ....................................................................................................................................... 16 10.1 GENERAL REQUIREMENTS: ................................................................................................................... 16 10.2 PERSONNEL QUALIFICATIONS: .............................................................................................................. 16 10.3 STAFFING: ............................................................................................................................................ 23 11.0 QUALITY ASSURANCE (QA) PROGRAM: ....................................................................................... 23 11.1 QUALITY ASSURANCE PLAN: ................................................................................................................ 23 11.2 QUALITY ASSURANCE REVIEWS: ........................................................................................................... 24 11.3 QUALITY RECORDS: ............................................................................................................................. 24 12.0 CERTIFICATION OF FINAL ESTIMATES: ...................................................................................... 25 12.1 FINAL ESTIMATE AND AS -BUILT PLANS SUBMITTAL: ............................................................................. 25 13.0 AGREEMENT MANAGEMENT: ........................................................................................................ 25 13.1 GENERAL: ............................................................................................................................................ 25 14.0 OTHER SERVICES: ............................................................................................................................. 25 15.0 POST CONSTRUCTION CLAIMS REVIEW: .................................................................................... 26 16.0 CONTRADICTIONS: ........................................................................................................................... 26 17.0 THIRD PARTY BENEFICIARY.......................................................................................................... 26 18.0 INDIAN RIVER COUNTY AUTHORITY........................................................................................... 26 Financial Project ID (s): 436379-2-54-01 SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION 1.0 PURPOSE: This scope of services describes and defines the Construction Engineering and Inspection (CEI) services which are required for contract administration, inspection, and materials sampling and testing for the construction projects listed below. 2.0 SCOPE: Provide services as defined in this Scope of Services, the referenced Indian River County and FDOT manuals & procedures. The projects for which the services are required are: Financial Project IDs: 436379-2-54-01 Descriptions: 66th Ave from 69th Street to CR-510/85th Street County: Indian River IRC Project No: IRC -1505B Serve as the Indian River County's representative on the project and faithfully represent the County's interest in all matters, with special emphasis given to issues involving public safety, quality, timely completion of the work, and financial responsibility. Exercise independent professional judgment in performing obligations and responsibilities under this Agreement. Pursuant to Section 4.1.5 of the Construction Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's Project Administrator shall be identical to Indian River County's Roadway Production Manager and Project Manager respectively and shall be interpreted as such. Services provided by the Consultant shall comply with FDOT's and Indian River County's procedures, and memorandums in effect as of the date of execution of the Agreement unless otherwise directed in writing by Indian River County. On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both Indian River County and the Contractor either directly or indirectly. Any consultant firm, or its affiliate, that is the Engineer of Record (EOR) on this project is considered ineligible to compete as a prime consultant for CEI services on that same project. A consultant firm, or its affiliate, that was a subconsultant to the EOR may only be considered eligible as a prime CEI services with the approval of the Public Works Director. 3.0 LENGTH OF SERVICE: The services for this Consultant Construction Engineering & Inspection Contract shall begin upon written notification to proceed by Indian River County. Track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by Indian River County has been issued, the Consultant shall be ready to assign personnel within two weeks of notification. For the duration of the project, coordinate closely with Indian River County Stage I, II or III A- 3 Version *0 Financial Project ID (s): 436379-2-54-01 and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. For estimating purposes, the Consultant will be allowed an accumulation of thirty (30) calendar days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed for the project and thirty (30) calendar days to demobilize after final acceptance of the Construction Contract. The anticipated letting schedules and construction times for the projects are tabulated below: Construction Contract Estimate Financial Letting Date Start Date Duration Project ID (Mo/Day/Yr) (Mo/Day/Yr) (Days) 436379-2-54-01 01/15/2023 03/01/2023 570 4.0 DEFINITIONS: A. Agreement: The Professional Services Agreement between Indian River County and the Consultant setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. B. Contractor: The individual, firm, or company contracting with Indian River County for performance of work or furnishing of materials. C. Construction Contract: The written agreement between Indian River County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. D. Construction Project Manager: The Indian River County employee assigned to manage the Construction Engineering and Inspection Contract and represent Indian River County during the performance of the services covered under this Agreement. E. Construction Training/Qualification Program (CTQP): The MOT program for training and qualifying technicians in Aggregates, Asphalt, Concrete, Earthwork, and Final Estimates Administration. Program information is available at CTQP website. F. Consultant: The Consulting firm under contract to Indian River County for administration of Construction Engineering and Inspection services. G. CEI Project Administrator/Project Engineer: The employee assigned by the Consultant to be in charge of providing Construction Contract administration services for one or more Construction Projects. H. CEI Resident Compliance Specialist: The employee assigned by the Consultant to oversee project specific compliance functions. CEI Senior Project Engineer: The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for one or more Construction Projects. This person may supervise other Consultant employees and act as the lead Engineer for the Consultant. Stage I, II or III A- 4 Version *1 Financial Project ID (s): 436379-2-54-01 J. District Construction Engineer: The administrative head of the FDOT District's Construction Offices. K. District Contract Compliance Manama The administrative head of the FDOT District Contract Compliance Office. L. District Consultant CEI Manager: The Indian River County employee assigned to administer the Consultant Construction Engineering and Inspection (CCEI) Program in the District. M. District Director of Transportation Operations: The FDOT Director of Construction, Maintenance, Traffic Operations, Materials, and Safety. N. District Final Estimates Manager: The administrative head of the FDOT District Final Estimates Office. O. District Professional Services Administrator: The Administrative Head of the FDOT Pro- fessional Services Office. P. District Secretary: The Chief Executive Officer in each of FDOT's eight (8) Districts. Q. Districtwide Contract Compliance Specialist Consultant: The consultant hired under a separate agreement with FDOT to ensure contractors on multiple contracts are in compliance with the requirements of the Federal Highway Administration and USDOL. R. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. S. Indian River Assistant Public Works Director: The deputy administrative head of Indian River County's Public Works projects. T. Indian River County Public Works Director: The administrative head of Indian River County's Public Works. U. Operations Engineer: The FDOT Engineer assigned to a particular County or area to administer Construction and Maintenance Contracts for Indian River County. V. Public Information Office: Indian River County's Public Works staff assigned to manage the Public Information Program. W. Resident Engineer: The FDOT Engineer assigned to a particular County or area to admin- ister Construction Contracts for Indian River County. 5.0 ITEMS TO BE FURNISHED BY INDIAN RIVER COUNTY TO THE CONSULTANT: A. Indian River County, on an as needed basis, will furnish the following Construction Contract documents for each project. These documents may be provided in either paper or electronic format. 1. Construction Plans, 2. Specification Package, Stage I, II or III A- 5 Version *2 Financial Project ID (s): 436379-2-54-01 3. Copy of the Executed Construction Contract, and 4. Utility Agency's Approved Material List (if applicable). B. Indian River County will provide connection to the County's electronic project management system (e -Builder). Appropriate approvals must be received from Indian River County prior to their use. C. FDOT will furnish and support the software packages for SiteManager or MACS if required by FDOT. 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6.1 Indian River County Documents: All applicable FDOT documents referenced herein shall be a condition of this Agreement. All FDOT documents, directives, procedures, and standard forms are available through the FDOT's Internet website. Most items can be purchased through the following address. All others can be acquired through the District Office or on-line at the FDOT's website. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, MS 12 Tallahassee, Florida 32399-0450 Telephone No. (850) 414-4050 http://www.fdot.gov/construction/ 6.2 Indian River County Documents: All applicable Indian River County documents referenced herein shall be a condition of this Agreement. All Indian River County documents, directives, procedures, and standard forms are available upon request from the Indian River County Project Manager. 6.3 Office Automation: Provide all software and hardware necessary to efficiently and effectively carry out the responsibilities under this Agreement. All informational, contractual and other business required for this project will be through a system of paperless electronic means. Access to the construction management software e -Builder website will be provided by the County. When the specifications require a written submission of documentation, if possible, such documents must be submitted electronically. All documents requiring a signature must be executed electronically by both parties in accordance with Chapter 668, Florida Statutes, and have the same force and effect as a written signature. Indian River County will provide a web -based collaboration site to facilitate the electronic document exchange. All persons requiring access to the collaboration site shall be identified during the preconstruction conference. Stage I, II or III A- 6 Version *3 Financial Project ID (s): 436379-2-54-01 Ownership and possession of computer equipment and related software, which is provided by the Consultant, shall remain at all times with the Consultant. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment should be maintained and operational at all times. 6.4 Field Office: Provide a field office with sufficient room and furnishings to effectively carry out responsibilities under this Scope of Services. Field offices shall include telephone and broadband internet access, meeting capabilities and shall be approved by Indian River County. The field office shall be of adequate size for use by the Consultants field staff and two staff members of Indian River County. Field Office expenses will be compensated in accordance with Exhibit B (to be prepared during award), Method of Compensation (per week). 6.5 Vehicles: Vehicles will be equipped with appropriate safety equipment, including strobes, and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle. 6.6 Field Equipment: Supply survey, inspection, and testing equipment essential to perform services under this Agreement; such equipment includes non -consumable and non -expendable items. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work. Handling of nuclear density gauges shall be in compliance with their license. Retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment shall be maintained and in operational condition at all times. 6.7 Licensing for Equipment Operations: Obtain proper licenses for equipment and personnel operating equipment when licenses are required. The license and supporting documents shall be available for verification by Indian River County, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. Stage I, II or III A- 7 Version *4 Financial Project ID (s): 436379-2-54-01 7.0 LIAISON RESPONSIBILITY OF THE CONSULTANT: For the duration of the Agreement, keep Indian River County's Construction Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement. Facilitate communications between all parties (i.e. architectural, mechanical, materials, landscaping, local agencies, etc.) ensuring responses and resolutions are provided in a timely manner. Maintain accurate records to document the communication process. Inform the designated Indian River County Project Manager of any design defects, reported by the Contractor or observed by the Consultant. Submit all administrative items relating to Invoice Approval, Personnel Approval, User IDs, Time Extensions, Work Change Directives, and Supplemental Amendments to the Indian River County Construction Project Manager for review and approval. 8.0 PERFORMANCE OF THE CONSULTANT: During the term of this Agreement and all Supplemental Amendments thereof, Indian River County will review various phases of Consultant operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with this Agreement. Cooperate and assist Indian River County representatives in conducting the reviews. If deficiencies are indicated, remedial action shall be implemented immediately. Indian River County recommendations and Consultant responses/actions are to be properly documented by the Consultant. No additional compensation shall be allowed for remedial action taken by the Consultant to correct deficiencies. Remedial actions and required response times may include but are not necessarily limited to the following: A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. B. Immediately replace personnel whose performance has been determined by the Consultant and/or Indian River County to be inadequate. C. Immediately increase the frequency of monitoring and inspection activities in phases of work that are the Consultant's responsibility. D. Increase the scope and frequency of training of the Consultant personnel. 9.0 REQUIREMENTS OF THE CONSULTANT: 9.1 General: It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. Observe the Contractor's work to determine the progress and quality of work. Identify discrepancies, report significant discrepancies to Indian River County, and direct the Contractor to correct such observed discrepancies. Stage I, II or III A- 8 Version *5 Financial Project ID (s): 436379-2-54-01 Supplemental Agreements must be determined to be in accordance with Florida law by the Indian River County Public Works Director prior to approval by the Consultant. For any Supplemental Agreement which exceeds the thresholds, prepare the Supplemental Agreement as a recommendation to Indian River County, which Indian River County may accept, modify or reject upon review. Consult with the Construction Project Manager as necessary and direct all issues, which exceed delegated authority to the Construction Project Manager for Indian River County action or direction. Inform the designated Indian River County Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. Consultant shall be FDOT Prequalified to perform Construction Engineering Inspection services and provide evidence of being pre -qualified within FDOT Work Types 10. 1, 10.3 and 10.4. 9.2 Survey Control: Check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record measurements necessary to calculate and document quantities for pay items, (2) make and record pre -construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project, and (3) perform incidental engineering surveys. Provide survey data in the most recent commercially available AutoCAD, by Autodesk, format at the time the CCEI contract is advertised. Any questions or requests for "Waiver of Survey" should be directed to the Indian River County Assistant Public Works Director. 9.3 On-site Inspection: Monitor the Contractor's on-site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the proiects are constructed in reasonable conformity with such documents. Maintain detailed accurate records of the Contractor's daily operations and of significant events that affect the work. Indian River County will monitor off-site activities and fabrication unless otherwise stipulated by this Agreement. Monitor and inspect Contractor's Work Zone Traffic Control Plan and review modifications to the Work Zone Traffic Control Plan, including Alternate Work Zone Traffic Control Plan, in accordance with Indian River County's procedures. Consultant employees performing such services shall be qualified in accordance with FDOT & Indian River County's procedures. 9.4 Sampling and Testing: Perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. The minimum sampling frequencies set out in FDOT's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, provide daily surveillance of the Contractor's Quality Stage I, II or III A- 9 Version *6 Financial Project ID (s): 436379-2-54-01 Control activities and perform the sampling and testing of materials and completed work items for verification and acceptance. FDOT or Indian River County may perform inspection and sampling of materials and components at locations remote from the project site and FDOT or Indian River County may perform testing of materials normally done in a laboratory remote from the project site. Determine the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc. Indian River County will monitor the effectiveness of the Consultant's testing procedures through observation and independent assurance testing. Sampling, testing and laboratory methods shall be as required by Indian River County's Standard Specifications, Supplemental Specifications or as modified by the Special Provisions of the Construction Contract. Documentation reports on sampling and testing performed by the Consultant shall be submitted during the same week that the construction work is done. Transport samples to be tested in a FDOT Laboratory to the appropriate laboratory or appropriate local FDOT facility. Where required input verification testing information and data into FDOT's database using written instructions provided by FDOT. 9.5 Engineering Services: Coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the Consultant is not liable to Indian River County for failure of such parties to follow written direction issued by the Consultant. Services shall include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract. Maintain complete, accurate records of all activities and events relating to the project and properly document all project changes. The following services shall be performed: (1) Attend a pre -service meeting for the Agreement in accordance with CPAM. Provide appropriate staff to attend and participate in the pre -service meeting. At the time of this meeting submit the FDOT Computer Security Access Request for use of FDOT Data Center Facilities, if required, in addition to identifying all Consultant personnel requiring access to Indian River County's e -Builder Project Management system to the Construction Project Manager for approval. (2) If required, schedule and attend a meeting with the District Contract Compliance Manager prior to the Pre -construction Conference. The Resident Compliance Specialist shall attend this meeting. Stage I, II or III A- 10 Version *7 Financial Project ID (s): 436379-2-54-01 In most cases, the above will take two separate meetings based on experience and knowledge of the particular firm. (3) Schedule and attend a training session with the County's project management staff for all consultant staff who will be required to use the County's e -Builder project management system. Provide personnel proficient in the use of computers and scanner operation to input construction documents into the County's project management system. Duties will include scanning, attributing and retrieving documents that are to be archived electronically. (4) Schedule and conduct a meeting with the County's Environmental Liaison prior to the Pre -construction conference and another meeting prior to project final acceptance. The purpose of these meetings is to discuss the required documentation, including as-builts, necessary for permit(s) compliance. (5) Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, provide at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors". The Consultant's inspector will be familiar with the requirements set forth in the FEDERAL REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits for Storm Water Discharges from Construction Sites" and Indian River County's guidelines. (6) Analyze the Contractor's schedule(s) (i.e. baseline(s), revisedbaseline(s), updates, as -built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM. (7) Analyze problems that arise on a project and proposals submitted by the Contractor; work to resolve such issues, and process the necessary documentation. (8) Monitor, inspect and document utility relocation self -performed by the Contractor for conformance with Utility Agency's Standards and the Utility Agency's Approved Materials List. Document utility construction progress to be performed by Utility Agencies. Facilitate coordination and communication between Utility Agency's representatives, Indian River County's staff and Contractors executing the work. Identify potential utility conflicts and assist in the resolution of utility issues including Indian River County and Local Government owned facilities. Identify, review, and track progress of Joint Project Agreements, and/or other Indian River County and utility agreements. Address work progress, track reimbursement activities, and address betterment and salvage determination. Stage I, II or III A- 11 Version *8 Financial Project ID (s): 436379-2-54-01 Prepare all necessary documentation to support reimbursement activities and betterment and salvage determination. (9) Produce reports, verify quantity calculations and field measure for payment purposes as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information in order for Indian River County to make timely payment to the Contractor. (10) Prepare and make presentations for meetings to resolve disagreements that may arise during the life of the project between Indian River County and the Contractor where the Contractor has submitted, in accordance with the Contract Documents, a notice of intent to seek additional compensation or a written claim defined as a written demand submitted to the County seeking additional monetary compensation, time or other adjustments to the Contract, in connection with the project covered by this Agreement. (11) Monitor each Contractor and Subcontractor's compliance with specifications and special provisions of the Construction Contract in regard to payment of predetermined wage rates in accordance with FDOT procedures. (12) Provide a Resident Compliance Specialist for surveillance of the Contractor's compliance with Construction Contract requirements. The Resident Compliance Specialist is responsible for reviewing, monitoring, evaluating and acting upon documentation required for Construction Contract compliance, and maintaining the appropriate files thereof. Typical areas of compliance responsibility include EEO Affirmative Actions for the prime contractor and subcontractor, DBE Affirmative Action, Contractor Formal Training, Payroll, and Subcontracts. The Resident Compliance Specialist must keep all related documents and correspondence accurate and up to date; attend all compliance reviews and furnish the complete project files for review; and assist the District Contract Compliance Manager as requested. (13) Indian River County will provide Public Information Services. (14) Prepare and submit to the Construction Project Manager monthly, a project construction status report, in a format to be approved by Indian River County. (15) Video tape the pre -construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. Provide digital pictures of the project on a daily basis and provide aerial drone pictures once a month. The consultant shall be responsible for providing digital pictures that correspond with daily work logs for the project. Stage I, II or III A- 12 Version *9 Financial Project ID (s): 436379-2-54-01 9.6 Geotechnical Engineering: The prime Consultant may engage the services of a geotechnical subconsultant to perform some of the services indicated in this section. However, the prime Consultant will be responsible to Indian River County for the satisfactory performance and timeliness of these services. The prime Consultant will be required to interact with the District Geotechnical Engineer (DGE) office and any geotechnical subconsultant assigned to the project by the DGE office under a District -wide contract. All references to the DGE in the following sections implicitly include the DGE and his/her delegated representative on the project, who may be the DGE office in-house personnel or a subconsultant working for the DGE office. Become familiar with the existing site conditions and the contract documents. Observe and record the progress and quality of foundation work to determine that the foundations are constructed at the correct locations and elevations, identify discrepancies, and direct the Contractor to correct such observed discrepancies. Attend the Preconstruction Conference and/or special geotechnical meeting for the Construction Contract. All services under this section will be performed in accordance to FDOT Specification Section 455. Inspect and verify that the Contractor has performed the foundation work in accordance with applicable FDOT Specification Section 455 and other contract documents. Provide qualified Geotechnical Engineers and CTQP qualified inspectors in Drilled Shaft/Pile Driving/Auger Cast Pile inspection, relevant to the foundation type(s) required in the plans. Schedule meetings and facilitate communications between the Contractor and any Specialty Contractors, the CEI, and the DGE as needed. Observe and verify that all work is performed in accordance with the contract documents. Assure that any specialty work is completed as necessary to accomplish its intent. The following geotechnical engineering services shall be performed: 1) Drilled Shafts: • Process and review the Drilled Shaft Installation Plan in accordance with CPAM. • Schedule a pre -drilled shaft installation meeting to review and discuss the drilled shaft installation procedures. Make sure that the Contractor's field superintendent, CEI's drilled shaft inspector(s), and the DGE are invited. Prepare and distribute meeting minutes to the attendees. • Inspect installation of test holes (methods shafts), load test shafts, and production shafts and ensure they are constructed in accordance with the plans, specifications, and special provisions for the Construction Contract. Report to the DGE any problems observed during the installation of the test holes, deviations from the Drilled Shaft Installation Plan or contract documents, and construction quality issues associated with the Contractor's methods. • If there are pilot holes in the project, advise the DGE on the pilot hole schedule. Verify the pilot hole locations. Inspect the performance of the pilot holes and complete the proper FDOT inspection form, describing accurately the soils/rocks encountered and corresponding depths, the results of field testing performed (Standard Penetration Test blow counts, Cone Penetration Tests, or other, if Stage I, II or III A- 13 Version i bo Financial Project ID (s): 436379-2-54-01 applicable) and the results of the rock coring performed (coring time, recovery and RQD). • Analyze the load test data, pilot holes and any other available soils/rock data as required to establish final drilled shaft tip elevations and minimum rock socket lengths. Submit report(s) recommending production shaft tip elevations, minimum rock socket lengths and any other recommendations that may be required in the project (such as rock socket material definition and impact of permanent or temporary casing on the required minimum socket lengths) to the DGE for approval. • Inspect the bottom of the shafts for cleanliness using manual soundings or shaft inspection device as required in the contract documents. • Complete all necessary drilled shaft inspection forms and keep a log of all inspections made of the shafts. Observe the performance of any load tests and verify that the details are implemented as planned. • Provide completed drilled shaft inspection forms for all production and test shaft installations to the DGE upon completion of the drilled shaft installation. • When conditions occur, which are different from those indicated on the plans, immediately report them to the Geotechnical Engineer of Record and the DGE. Recommend adjustments to the authorized depths as necessary to obtain the shaft capacity to the DGE for approval. • Review the drilled shaft logs and the concrete placement logs to identify possible shaft integrity problems and potential causes. Communicate identified issues to the DGE. • Hire a Specialty Engineer to perform non-destructive integrity testing of drilled shafts as required to estimate shaft uniformity and to detect possible shaft defects. Report results to the DGE. • Evaluate problems encountered during construction, and coordinate with the DGE and the Contractor to resolve such problems, including possible withdrawing Drilled Shaft Installation Plan approval. 2) Piles: /A) • Process and review the Pile Installation Plan in accordance with CPAM. • Perform preliminary Wave Equation Analyses to assess and provide comments regarding the suitability of hammer driving system(s) included in the Pile Installation Plan. Provide analyses results (estimated blow count ranges for the nominal bearing resistances, installation stresses etc.) to the DGE. • Schedule a pre -pile installation meeting to review and discuss the pile installation procedures. Make sure the Contractor's field superintendent, CEI's pile inspectors, and the DGE are invited. Prepare and distribute meeting minutes to the attendees. • Provide personnel proficient in operation of the PDA or EDC monitoring equipment required for the project, for data collection, interpretation and analysis. Utilize the most current version of equipment and software for dynamic testing and dynamic data analysis. • Perform dynamic testing per the contract documents during initial driving and re - drives. Submit electronic Pile Driving Analyzer (PDA) and Embedded Data Collector (EDC) files upon completion of the test pile installation. • Inspect and record the test pile driving process in accordance with CPAM. Stage I, H or III A- 14 Version ibi Financial Project ID (s): 436379-2-54-01 • Perform signal matching analysis on test pile data for selected blows, using the latest software version. At a minimum, signal matching analysis shall be performed on initial drive data where required resistance is obtained below the minimum tip elevation and on set -check data (if any). If requested in special circumstances, the end of drive signal matching analysis will be performed in the field upon completion of the drive; otherwise it shall be completed within 24 hours of driving the instrumented pile. • Analyze the test data and available soils data as required to establish production pile lengths and driving criteria. The analysis must include signal matching analysis and wave equation calibration analysis to determine a pile driving -soil system model that will predict accurately driving resistance with stroke (or pressure) and blows per foot while matching transferred energy and dynamic stresses with the ones measured in the field. Submit preliminary report(s) recommending production pile lengths and driving criteria to the DGE for approval. The preliminary report shall include printed & plotted Signal Matching and Wave Equation Analysis outputs, and electronic files (Windows compatible) of all raw data obtained by the PDA and EDC equipment and the signal matching and wave equation analyses. • Furnish final written letters, signed and sealed, for production pile lengths and the driving criteria in accordance with CPAM. When applicable, include recommendations to determine "firm bearing material". • Inspect the conditions of the piles prior to installation, including any pile splices. • Observe and verify that concrete piles were properly supported during storage and handled with appropriate pick-up details per contract documents. • Inspect the pile driving installation. Complete the FDOT pile driving logs. • Observe the performance of any static or statnamic load tests and review the details are implemented as planned. • Evaluate problems encountered during construction and coordinate with the DGE and the Contractor to resolve such problems, including possible additional testing and withdrawing the Pile Installation Plan. 3) Spread Footings. Observe construction of spread footing foundations and verify that they are founded at the required elevation and on the proper soil/rock material. Verify the Construction Plan requirements and the applicable specifications are followed throughout the spread footing construction. Evaluate problems encountered during construction and coordinate with the DGE and the Contractor to resolve such problems. 4) Auger Cast Piles for Sound Barrier Walls (N/A): Process and review the Auger Cast Pile Installation Plan in accordance with CPAM. Schedule a pre -pile installation meeting to go over the auger cast pile installation procedures. Make sure the Contractor's field superintendent, CEI's auger cast pile inspectors and the DGE are invited. Prepare and distribute minutes to the attendees. Observe installation of demonstration pile and production piles. Submit the demonstration pile records to the DGE. Work with the DGE to ensure that the letter Stage I, 11 or III A- 15 Version i k Financial Project ID (s): 436379-2-54-01 of acceptance or recommendations of the production pile installation is issued in accordance with CPAM. • Inspect and verify the requirements on the Construction Plans and applicable specifications are followed throughout the auger cast pile installation. • Cast cylinders for grout strength testing in accordance with the specifications • Complete the FDOT auger cast pile field installation logs and forward them to the DGE upon completion of the auger cast pile installation. • Verify the quality control processes of the Auger Cast Pile Installation Plan are followed during construction. • Examine the records and evaluate problems encountered during construction and coordinate with the DGE and the Contractor to resolve such problems, including possible withdrawing the Auger Cast Pile Installation Plan approval. 10.0 PERSONNEL: 10.1 General Requirements: Provide prequalified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Method of compensation for personnel assigned to this project shall be outlined in Exhibit `B — Lump Sum payment for CCEI Services". Lump Sum costs shall be based upon the assumption of a standard work week as follows: • 7 AM to 5PM Monday through Friday • IRC & FDOT Holidays are to be observed. An hourly burdened rate schedule is to be provided for the purpose of billing the Contractor, at the discretion of the IRC Public Works Director or their designee, for work outside of normal work hours, failed tests, or failure to pursue work. 10.2 Personnel Qualifications: Provide competent personnel qualified by experience and education. Submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum: salary, education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from Indian River County. Staff that has been removed shall be replaced by the Consultant within one week of Indian River County notification. Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications/certifications for fulfilling the duties of the position they hold. Cross training of the Consultant's project staff is highly recommended to achieve a knowledgeable and versatile project inspection team but shall Stage I, II or III A- 16 Version i h Financial Project ID (s): 436379-2-54-01 not be at any additional cost to Indian River County and should occur as workload permits. Visit the training page on the State Construction Office website for training dates. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. However, a Project Administrator working under the supervision and direction of a Senior Project Engineer or an Inspector working under the supervision and direction of a Senior Inspector shall have six months from the date of hire to obtain the necessary qualifications/certifications provided all other requirements for such positions are met and the Consultant submits a training plan detailing when such qualifications/certifications and other training relative to Indian River County's procedures, Specifications and Design Standards will be obtained. The District Construction Engineer or designee will have the final approval authority on such exceptions. • Concrete Post Tensioned Segmental Boy. Girder- (CPT-S) • Cener-ete Post Tensioned Continuous Beam (CPTCB) •MevAle Bridges (NIB) • CEI SENIOR PROJECT ENGINEER - A Civil Engineering degree and registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) and six (6) years of engineering experience [(two (2) years of which are in major road or bridge construction)] or [(five (5) of which are in major bridge construction) - for Complex Bridge Projects with the exception of PTS projects which require two (2) years of major bridge construction], or for non-degreed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major road or bridge construction). Qualifications include the ability to communicate effectively in English (verbally and in writing); direct highly complex and specialized construction engineering administration and inspection program; plans and organizes the work of subordinate and staff members; develops and/or reviews policies, methods, practices, and procedures; and reviews programs for conformance with Indian River County standards. Also must have the following: QUALIFICATIONS: Attend the CTQP Quality Control Manager course and pass the examination. CERTIFICATIONS: FDOT Advanced MOT OTHER: Complete the Critical Structures Construction Issues, Self Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) A Master's Degree in Engineering may be substituted for one (1) year engineering experience. Stage I, II or III A- 17 Version A4 Financial Project ID (s): 436379-2-54-01 CEI PROJECT ADIVIINISTRATOR/PROJECT ENGINEER - A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, or for non-degreed personnel eight (8) years of responsible and related engineering experience, two (2) years of which involved construction of major road or bridge structures with the exception of Complex Category 2 (CC2) bridge structures. For CC2 bridge structures, a Civil Engineering degree and registered in the State of Florida as a professional engineer (or if registered in another state, have the ability to obtain registration in Florida within six (6) months) plus five (5) years general bridge construction experience, two (2) years of which must have been with the type of CC2 bridge construction project for which CEI services are being provided by this scope or for non- degreed and/or non -registered personnel eight (8) years of general bridge construction experience, (4) years of which must have been with the type of CC2 bridge construction project for which CEI services are being provided by this scope. Additionally, a minimum of one (1) year of experience as the Project Administrator in primary control of the type of CC2 construction project for which CEI services are being provided by this scope. As an exception, only one (1) year of PTS bridge experience will be required for registered project administrators and two (2) years of PTS bridge experience for non -registered project administrators. Post -tensioning experience is not required for precast prestressed concrete flat slab superstructures but successful completion of an FDOT accredited grouting and post -tensioning course is required. To be in primary control, a Project Administrator must have supervised two or more inspectors as well as two or more support staff (Office Manager, Resident Compliance Specialist, and Secretary) and must have been directly responsible for all CEI services assigned. CPTS years of experience must have included a minimum of twelve (12) months experience in each of the following areas: (1) casting yard operations and related surveying; (2) segment erection and related surveying, post -tensioning (PT) of tendons and grouting of prestressing steel. CPTCB years of experience must include monitoring of the following: girder erection, safe use of girder erection cranes, stabilization of girders after erection, false work for temporary girder support, and PT and grouting operations. PTS years of experience must include monitoring of the following: installation of PT ducts and related hardware and post -tensioning and grouting of strands or be the level of experience that meets the criteria for CPTS or CPTCB bridges. MB years of experience must have been in MB mechanical and/or electrical construction. Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: QUALIFICATIONS: CTQP Final Estimates Level II CERTIFICATIONS: FDOT Advanced MOT Stage I, II or III A- 18 Version hb5 Financial Project ID (s): 436379-2-54-01 OTHER: Attend CTQP Quality Control Manager Course and pass the examination. Attend a FDOT accredited post -tensioning training course and pass the examination (for post -tensioned CC2 projects) Attend a FDOT accredited grouting training course and pass the examination (for post - tensioned CC2 projects) Complete the Critical Structures Construction Issues, Self Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) A Master's Degree in Engineering may be substituted for one (1) year of engineering experience CEI CONTRACT SUPPORT SPECIALIST - A High School diploma or equivalent and four (4) years of road & bridge construction engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., Materials Acceptance and Certification (MAC) System, progress and final estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering Degree. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with Indian River County's Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become proficient in Trimble Business Center - Heavy Construction Edition (HCE) or approved surface to surface comparison software and Engineering Menu. QUALIFICATIONS: CTQP Final Estimates Level H CEI ASSOCIATE CONTRACT SUPPORT SPECIALIST - High school graduate or equivalent plus three (3) years of secretarial and/or clerical experience including two (2) years experience in construction office management having performed project related duties (i.e., Materials Acceptance and Certification (MAC) System, progress and final estimates, EEO compliance, processing Construction Contract changes, etc.). Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project Administrator in office related duties (i.e., CQR, progress, and final estimates, EEO compliance, Processing Construction Contract changes, etc.). Project specific work under the general supervision of the Senior Project Engineer and staff. QUALIFICATIONS: CTQP Final Estimates Level I CEI SENIOR INSPECTOR/SENIOR ENGINEER INTERN — High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection with the exception of Complex Category 2 (CC2) bridge structures or a Civil Engineering degree and one (1) year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note: Senior Engineer Intern classification requires one (1) year experience as an Engineer Intern.) For CC2 bridge structures, be a high school graduate or equivalent and have five (5) years of general bridge construction experience of which two (2) years must have been with the Stage I, II or III A- 19 Version A6 Financial Project ID (s): 436379-2-54-01 type of CC2 bridge construction project for which CEI services are being provided by this scope. As an exception, only one (1) year of PTS bridge experience will be required. Additionally, a minimum of twelve (12) months of experience as the Senior Inspector in primary control of the type CC2 construction project for which CEI services are being provided by this scope. To be in primary control, a Senior Inspector must have supervised two or more inspectors and must have been directly responsible for all inspection requirements related to the construction operations assigned. CPTS years of experience must have included a minimum of twelve (12) months of inspection experience in one or both of the following depending on which area the inspector is being approved for: (1) casting yard inspection; (2) erection inspection. In addition, two (2) years of geometry -control surveying experience is required for inspectors that perform or monitor geometry control surveying in a casting yard. CPTCB years of experience must include monitoring and inspection of the following: girder erection, safe use of girder erection cranes, girder stabilization after erection, false work for temporary girder support, and PT and grouting operations. PTS years of experience must include monitoring of the following: installation of PT ducts and related hardware and post -tensioning and grouting of strands or be the level of experience that meets the criteria for CPTS or CPTCB bridges. MB years of experience must have included the inspection of MB mechanical components for machinery inspectors and MB electrical components/systems for electrical inspectors. Must have the following as required by the scope of work for the project: QUALIFICATIONS: CTQP Concrete Field Technician Level I CTQP Concrete Field Inspector Level II (Bridges) CTQP Asphalt Roadway Level I CTQP Asphalt Roadway Level H CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level H CTQP Pile Driving Inspection CTQP Drilled Shaft Inspection (required for inspection of all drilled shafts including miscellaneous structures such as sign structures, lighting structures, and traffic signal structures) CTQP Grouting Technician Level I CTQP Post -Tensioning Technician Level I IMSA Traffic Signal Inspector Level I CTQP Final Estimates Level I CERTIFICATIONS: FDOT Intermediate MOT Nuclear Radiation Safety IMSA Traffic Signal Inspector Level I OTHER: Complete the Critical Structures Construction Issues, Self Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) Stage I, II or III A- 20 Version 167 Financial Project ID (s): 436379-2-54-01 Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. CEI INSPECTOR/ENGINEER INTERN - High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been in bridge and/or roadway construction inspection, or an Engineer Intern with a Civil Engineering degree (requires certificate) having the ability to earn the required qualifications and certifications within one year, plus demonstrated knowledge in the following: Must have the following as required by the scope of work of the project: QUALIFICATIONS: CTQP Concrete Field Inspector Level I CTQP Asphalt Roadway Level I CTQP Earthwork Construction Inspection Level I CTQP Pile Driving Inspection CTQP Drilled Shaft Inspection (required for inspection of all drilled shafts including miscellaneous structures such as sign structures, lighting structures, and traffic signal structures) IMSA Traffic Signal Inspector Level I CTQP Final Estimates Level I CERTIFICATIONS:. FDOT Intermediate MOT Nuclear Radiation Safety IMSA Traffic Signal Inspector Level I Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors OTHER: Complete the Critical Structures Construction Issues, Self Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. CEI INSPECTORS AIDE - High School graduate or equivalent and able to perform basic mathematical calculation and follow simple technical instructions. Duties are to assist higher-level inspectors. Must obtain FDOT Intermediate MOT within the first six months of the assignment. CEI SURVEY PARTY CHIEF - High School graduate plus four years of experience in construction surveying (including two (2) years as Party Chief). Experienced in field engineering and construction layout, making and checking survey computations and supervising a survey party. Work is performed under general supervision of Project Administrator. Stage I, II or III A- 21 Version ig8 Financial Project ID (s): 436379-2-54-01 CEI INSTRUMENT PERSON - High school graduate plus three (3) years of experience in construction surveying one (1) year of which shall have been as instrument -man. Responsible for performing assignments in assisting Party Chief in the performance of their duties. Receives general supervision from Party Chief who reviews work while in progress. CEI ROD-PERSON/CHAIN PERSON - High school graduate with some survey experience or training preferred. Receives supervision from and assists Party Chief who reviews work while in progress. CEI SECRETARY/CLERK TYPIST- High school graduate or equivalent plus two (2) years of secretarial and/or clerical experience. Ability to type at a rate of 35 correct words per minute. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Work under general supervision of the Senior Project Engineer and staff. CEI ASPHALT PLANT INSPECTOR- High School Graduate or equivalent plus one (1) years' experience in the surveillance and inspection of hot mix asphalt plant operations or 80 hours working under an approved and qualified asphalt plant inspector at the asphalt plant and have the following: QUALIFICATIONS: CTQP Asphalt Plant Level I CTQP Asphalt Plant Level II CEI GEOTECHNICAL ENGINEER for Cateeory I Bridle Pile Foundations - Registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) plus four (4) years of experience as a Geotechnical Engineer in responsible charge of geotechnical work, including at least two Category I bridges with pile foundations. Experience performing. Analyzing and interpreting the results of. non-destructive testing of pile foundations, dynamic and static load testing, the Pile Driving Analyzer (PDA), CAPWAP and WEAP as appropriate. CEI GEOTECHNICAL TECHNICIAN for Pile Foundations- Qualified CTQP Pile Driving Inspector, knowledgeable in pile installation in conjunction with dynamic load tests with a minimum of three (3) years of experience on at least two (2) Indian River County bridge projects: for projects with Embedded Data Collectors (EDCs), certified EDC monitoring equipment operator. CEI GEOTECHNICAL TECHNICIAN for Drilled Shaft Foundations- Qualified CTQP Drilled Shaft Inspector, knowledgeable in drilled shaft installation with a minimum of three (3) years of experience on at least two (2) Indian River County bridge projects. CEI SENIOR LANDSCAPE INSPECTOR- High School Graduate or equivalent plus eight (8) years of roadway or commercial landscape construction experience, or a Bachelor degree in Horticulture, Urban Forestry, Landscape Architecture plus three (3) years of roadway or commercial landscape construction experience. The individual must be skilled at plant identification, classification, and grades and standards for nursery plants as Stage I, II or III A- 22 Version ibq Financial Project ID (s): 436379-2-54-01 established by the manual "Grades and Standards for Nursery Plants" by the Florida Department of Agriculture and Consumer Services. The individual must be knowledgeable of current Indian River County methods for landscape and irrigation installation. The individual must have the ability to read and interpret contract documents. For standalone landscape projects, required certification and training includes FDOT Intermediate MOT, FDEP Stormwater Erosion and Sedimentation Control Inspector, and Florida Licensed Landscape Architect or Florida Nursery Growers and Landscape Association (FNGLA) Certified Landscape Contractor. Desired certification and training includes, International Society of Arboriculture (ISA) Certified Arborist, University of Florida Landscape Palm Management Training, and International Society of Arboriculture Advanced Pruning. CEI UTILITY COORDINATOR- High School Graduate or equivalent and be knowledgeable of Indian River County's Standards, policies, procedures, and agreements and shall have a minimum of four (4) years of experience performing utility coordination in accordance with Indian River County's Standards, policies, procedures and agreements. 10.3 Staffing: Once authorized, the Consultant shall establish and maintain appropriate staffing throughout the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until Indian River County has received a regular acceptance letter. Construction engineering and inspection forces will be required of the Consultant while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. 11.0 QUALITY ASSURANCE (OA) PROGRAM: 11.1 Ouality Assurance Plan: Within thirty (30) days after receiving award of an Agreement, furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization for providing services pursuant to this Agreement. Unless specifically waived, no payment shall be made until Indian River County approves the Consultant QA Plan. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organization: A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work under the Stage I, II or III A- 23 Version ibo Financial Project ID (s): 436379-2-54-01 Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Ouality Assurance Reviews: Detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C. Ouality Assurance Records: Outline the types of records which will be generated and maintained during the execution of the QA program. D. Control of Subconsultants and Vendors: Detail the methods used to control subconsultant and vendor quality. E. Ouality Assurance Certification: An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and Indian River County procedures. 11.2 Ouality Assurance Reviews: Conduct semi-annual Quality Assurance Reviews to ensure compliance with the requirements of the Agreement. Quality Assurance Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Assurance Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi-annual reviews shall be submitted to the Construction Project Manager in written form no later than one (1) month after the review. On short duration CCEI projects (nine (9) months or less), the CCEI shall perform an initial QA review within the first two (2) months of the start of construction. On asphalt projects, the CCEI shall perform an initial QA review on its asphalt inspection staff after the Contractor has completed ten (10) full work days of mainline asphalt paving operations, or 25% of the asphalt pay item amount (whichever is less) to validate that all sampling, testing, inspection, and documentation are occurring as required of the CCEI staff. 11.3 Ouality Records: Maintain adequate records of the quality assurance actions performed by the organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. All records shall Stage I, II or III A- 24 Version ibi Financial Project ID (s): 436379-2-54-01 be available to Indian River County, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 12.0 CERTIFICATION OF FINAL ESTIMATES: 12.1 Final Estimate and As -Built Plans Submittal: Prepare documentation and records in compliance with the Agreement, Statewide Quality Control (QC) Plan, or Consultant's approved QC Plan and FDOT's Procedures as required by CPAM and as modified by IRC Procedures. Submit the Final Estimate(s) and one (1) set of final "as -built plans" documenting the Contractor's work in accordance with CPAM & IRC Procedures. Revisions to the Certified Final Estimate will be made at no additional cost to Indian River County. 13.0 AGREEMENT MANAGEMENT: 13.1 General: (1) With each monthly invoice submittal, the Consultant will provide a Status Report for the Agreement. This report will provide an accounting of the additional Agreement calendar days allowed to date, an estimate of the additional calendar days anticipated to be added to the original schedule time, an estimate of the Agreement completion date, and an estimate of the Consultant funds expiration date per the Agreement schedule for the prime Consultant and for each subconsultant. The Consultant will provide a printout from the Equal Opportunity Reporting System showing the previous month's payments made to subconsultants. Invoices not including this required information may be rejected. (2) When the Consultant identifies a condition that will require an amendment to the Agreement, the Consultant will communicate this need to the Construction Project Manager for acceptance. Upon acceptance, prepare and submit an Amendment Request (AR), and all accompanying documentation to the Construction Project Manager for approval and further processing. The AR is to be submitted at such time to allow Indian River County 12 weeks to process, approve, and execute the AR. The content and format of the AR and accompanying documentation shall be in accordance with the instructions and format to be provided by Indian River County. (3) The Consultant is responsible for performing follow-up activities to determine the status of each Amendment Request submitted to Indian River County. 14.0 OTHER SERVICES: Upon written authorization by the Indian River County Public Works Director, or designee, the Consultant will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by Indian River County to supplement the Consultant services under this Agreement. Stage I, II or III A- 25 Version ik Financial Project ID (s): 436379-2-54-01 15.0 16.0 17.0 18.0 A. Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. B. Provide qualified engineering witnesses and exhibits for arbitration hearings or litigation in connection with the Agreement. C. Provide inspection services in addition to those provided for in this Agreement. D. Provide services determined necessary for the successful completion and closure of the Construction Contract. POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor submits a claim for additional compensation and/or time after the Consultant has completed this Agreement, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplemental Amendment to this Agreement. CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the Consultant's proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. THIRD PARTY BENEFICIARY It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions of this Agreement. INDIAN RIVER COUNTY AUTHORITY Indian River County shall be the final authority in considering modifications to the Construction Contract for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant, as authorized in Section 9.1 herein. Stage I, II or III A- 26 Version hb3 Z O u e e s ne2� s9�o� n o s e m s m age s�nQ =� L i's mma ��Q r eag o �� Wy rn r- Q� 0 V) z 0 u c ((/9999 .;.,�.; ski LO J = IT ; ; ; ; @ x a| 3 , e @ ! 9 ; a ; a )2 \ k ( \ ( § } 2 @ - ■ k ■ m ' k ' ■ _ ° 4 #• ! |q 5 § § § § § % - e ■ ; § s, ■ a &I§ e ; m ; ¥ q t , m , § �| ! a • ! ) E \ \ | ¥ || ) 2 j _ ((/9999 .;.,�.; ski LO U_r INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael C. Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Kirstin Leiendecker, P.E., Assistant Public Works Director SUBJECT: Approval of Facilities Relocation Agreement between Indian River County and Florida Power and Light Company for the Relocation of Transmission Facilities Required for Construction of 66th Avenue Phase 1B (IRC -1505B) DATE: March 13, 2023 DESCRIPTION AND CONDITIONS Indian River County applied for and received a Transportation Regional Incentive Program (TRIP) Grant from the Florida Department of Transportation (FDOT) in the amount of $7,000,000.00 for the widening of 66th Avenue from a two-lane to a four -lane divided highway from 69th Street to CR-510/85th Street. The project includes widening and reconstruction of the existing roadway to a 4 -lane divided roadway section, curb and gutter including a raised median, 5' bike lanes, an 8' wide concrete sidewalk, stormwater drainage improvement, pavement markings, traffic signals and landscape and irrigation improvements. The project has been advertised for bid and bids are scheduled to be opened April 5, 2023. As part of the project, Florida Power & Light Company's (FPL) transmission line "Barefoot — West 138kL, Structures 25E14 to 26E2" will need to be relocated to the west along 66th Avenue between 77th Street and the FPL Transmission Station at 81s' Street to avoid conflict with the new roadway. The preliminary estimated cost of this relocation in the amount of $1,975,800 was approved by the Board of County Commissioners on November 1, 2022 and on July 11, 2022, a deposit payment was made to FPL by IRC in the amount of $173,790 to finalize design and order material for the relocation. A second payment to FPL was made on December 22, 2022 in the amount of $1,763,964.14. FPL has requested Indian River County execute and return the Facilities Relocation Agreement and Memorandum of Facilities Agreement to proceed with relocation of the transmission facilities. 196 C:\Granic us\Legistar5\L5\Temp\b7583e9c-3706-42c2-a6db-71658c6d8caa.docx Page 2 66th Avenue Phase IB — (IRC -1505) Approval of FPL Facilities Relocation Agreement March 28, 2023 FUNDING Funding in the amount of $1,937,754.14 was paid to FPL from Traffic Impact Fees/District 1 Roads/Construction in Progress/66th Avenue — 69th Street to 85th Street, Acct# 10215141-066510- 16009. RECOMMENDATION Staff recommends the Board of County Commissioners approve the FPL Facilities Relocation Agreement and the FPL Memorandum of Facilities Relocation Agreement for the widening of 66th Avenue Phase B from 69th Street to SR-510/85th Street and have the Chairman execute the same. ATTACHMENT FPL Facilities Relocation Agreement FPL Memorandum of Facilities Relocation Agreement AGENDA ITEM FOR MARCH 28. 20 197 C:\Cr icus\Legistar5\L5\Temp\b7583e9c-3706-42c2-a6db-71658c6d8caa.docx FACILITIES RELOCATION AGREEMENT (FPL — TRANSMISSION) (GOVERNMENTAL ENTITY) THIS FACILITIES RELOCATION AGREEMENT ("Agreement") is made and entered into this day of , 2023, by and between Indian River County, a political subdivision of the State of Florida ("Applicant"), with an address at and FLORIDAPOWER& LIGHT COMPANY, a Florida corporation ("FPL"),with its principal placeofbusiness at700Universe Boulevard, Juno Beach, Florida 33408. Applicantand FPL are sometimes hereinafter individually referred to as a "Party" and collectively as the "Parties." WITNESSETH: WHEREAS, Applicant intends to construct and widen 66 th Avenue and other appurtenantfacilities located in Indian River County, Florida, which will require the relocation of certain incompatible and conflicting portions of FPL's facilities and equipment; and WHEREAS, FPL will incur costs and expenses in the relocation of such FPL facilities and equ ipment thatwo u Id n o t have occurred butforApplicant's construction; and WHEREAS, FPLwould nothave agreed to such relocation butforreceiptof thisAgreement. NOW TH EREFORE, in consideration ofthe mutual promises of Applicant and FPL, and other good and valuable consideration, the receiptof sufficiency of which is hereby acknowledged by the Parties, the Partiesagree that FPL shall relocate the FPL facilities and equipment and Applicant shall reimburse FPL for the actual cost of such relocation as follows: ARTICLE 1 — DEFINITIONS For the purposes of this Agreement the following terms, whether used in the singular or plural, shall have the meanings set forth belowwhen usedwith capitalization: 1.1 Date Cost Estimate Received meansthe daythatthe costestimate was hand -delivered ortransmitted byfacsi mile, or if m ailed, five (5) days from the date of postmark 1.2 FPL Facilities means, butshall not be lim itedto, anystructure consistingof manholes, conduits, poles, wires, cables, substations, system protection equipmentor other appurtenances, and associated equipment, and used by FPL in connectionwith the transmission and/or distribution of electric power. 1.3 Relocation and/or Relocate means the work performed by FPL under this Agreement and any activity made necessary by Applicant's construction which conflictswith oraffects FPL, any FPL Facilities, or service, including any work associated with the Transmission Line Clearance. Relocation shall include, but shall not be limited to, permanent or temporary support, protection, relocation, rearrangement, design, redesign, abandonment or reconstruction of the FPL Facilities and all otherwork required to provide continuity of service to FPL's customers which is a resultof a conflict. 1.4 Replacement FPL Facilities means any FPL Facilities whichwill be constructed underthe terms of thisAgreementas a consequence of Relocation of any FPL Facilities or portion thereof. 1.5 Transm ission Line Clearance (FPL Facilities de-energization) means a de-energization of FPL Facilities f ol lowi ng a review performed by an FPL system operator to ensure the FPL Facilities de-energizati o n d o e s n o t co m p ro mise FPL's power system reliability. ARTICLE II - IDENTIFICATION OF CONFLICTS 2.1 Known Conflicts. Applicant shall reimburse FPL for costs associated with the Relocation of the FPL Facilities located on the real property depicted on ExhibitA attached hereto and incorporated herein bythis reference ("Property"). Applicant understands that this Agreement is solely for the relocation of FPL Facilities. Itis the Applicant's responsibility to contact the owner(s) of any facilities co -located on FPL's Facilities (such as telephone, cable and wireless/cell phone providers), and to negotiate, and pay the cost of, the relocation of such third -party facilities. Applicant understands that FPL's work under this Agreement cannot proceed until such third -party negotiations have been completed. Applicant shall provide FPL with written documentation from each such third -party provider reflecting the date upon which such third -party facilities will be relocated. Page 1 of 7 198 2.2 Other Conflicts. The identification of any other conflicting FPL FaciIitiesrequiringRelocation shall beundertaken by FPL pursuantto a subsequentwritten agreement between FPL and Applicant. ARTICLE III - DESIGN AND CONSTRUCTION OF REPLACEMENT FPL FACILITIES 3.1 Design Standards. Engineering design standards and material specified shall meetFPL's currentdesign standards. In addition, the design of the Relocation will be inconformity with all laws, codes and regulations. 3.2 Construction Standards. Materials and construction procedures shall meet FPL's current construction standards. In addition, any Relocation or Replacement FPL Facilities will be accomplished in conformance with all laws, codes and regulations. ARTICLE IV - RELOCATION REIMBURSEMENT AND LOCATION OF FACILITIES 4.1 Relocation Reimbursement and Acknowledgement of Risk. Applicant shall pay FPLforanyand allcosts incurred or expended by FPL in connection with the Relocation of FPL Facilities and installation of any Replacement FPL Facilities, including butnotlimitedto costsforFPL Facilities de-energization.Applicant hereby acknowledges and agreesthat in the eventthat FPL is required ordeems it reasonably necessary, in its sole opinion, to relocate allorany portion of FPL Facilities or Replacement FPL Facilities after the initial Relocation, then Applicant shall, at Applicant's sole cost and expense, (i) pay for any and al I costs incurred or expended by FPL in connection with any and all such relocation(s), including attorney's fees, and (ii) secure anyand all replaoementeasement(s) orpermit(s) required or necessary, and acceptable to FPL, to accommodate such relocation(s) at Applicant's sole cost and expense. Applicant understands and is awarethatthe Relocation of the FPL Facilities and installation of Replacement FPL Facilities by FPL is being done without the benefit of an easement solely as an accommodation to Applicant. Applicant also understands that such Relocation involves the riskthatthe facilities may needto be relocated, one or more times, to another portion of the ReplacementArea (as hereinafter described) or com pletely out of the Replacement Area in the future without FPL being grantedthe necessaryand required replacement permit(s) oreasement(s) to complete such relocation(s), and thatApplicant is requesting FPL to undertakesuch Relocation with the knowledge of the dangers and risks involved. Applicant hereby agrees to expressly assume and acceptany and all risks asso ci ated with the Relocation of FPL Facilities and installation of Replacement FPL Facilities, including the paymentto FPL for any and all future relocation costs and expenses associated with such relocation(s), including the costs incurred orexpended by FPL to obtain substitute perm it(s) or easem ent(s) satisfactory to FPL to accommodate the facilities which are the subjectof such relocation(s). 4.2 Location of Replacement Facilities. The Replacement FPL Facilities shall be located within the area legally described and depicted on the survey attached hereto as Exhibit B (the "Replacement Area"). ARTICLE V -COST ESTIMATES, CREDITS AND BILLING 5.1 Full Cost. Applicant shall pay FPL for the full cost of Relocation of the FPL Facilities and installation of the Replacement FPL Facilities. The Relocation work to be performed by FPL will be in accordance with the construction drawings attached hereto as Exhibit C. 5.2 Cost Estimate. Applicant shall be responsiblefor paying FPL 120% of the total cost estimate for the Relocation prior to FPL commencing anywork hereunder. The estimated costto Relocate the FPL Facilities is as below: ReIocation:$1,614,795.12. Th i s cost esti mate i s set out i n d eta i I i n Exh i bit D atta ch e d h e reto. Additional 20% of the cost estim ate: $322,959.02. Eng inee ringdepositreceived: $173,790.00. Balance due: $1,763,964.14. Applicantto provide payment in full forthis amountto FPL along with two (2) signed copies of this Agreement. Applicant understands and agrees that the amount set forth in Exhibit D is an estimate only. Applicant shall be responsible forthe total cost of the Relocation; provided, however, the costforthe Relocation shall not exceed 120 % of a valid Relocation costestimate based upon an actual labor bid, exceptas otherwise provided herein. Page 2 of 7 199 5.3 Duration of Cost Estimate. The cost estimate referenced in Section 5.2 above is valid for ninety (90) days from the date the cost estimate is delivered to Applicant (this includes the cost estimate attached as Exhibit and any subsequent cost estimate), subjectto the terms and conditions setforth in Section5.4 below. 5.4 Re -estimates, Scope of Work Changes, Transmission Line Clearance Cancellation. 5.4.1 Pre -construction. If the construction ofthe Relocation of the FPL Facilitieshas notcommenced within one hundred eighty (180) days of the date that the latest cost esti mate was delivered to Applicant, or if Ap p I ica nt requests a change in the Relocation scope of work on any individual work order prior to FPL commencing any Relocation work construction, such cost estimate is invalid and a new cost estimate shall be required, whereupon FPL shall provide a re-estimateof the Relocation work priorto commencementof the Relocation by FPL. Applicant must agree in writingto paythe re -estimated costand shall be responsible forthe full cost of Relocation, notto exceed 120% of the re -estimate, exceptas expressly setforth otherwise herein. 5.4.2 After Start of Construction. If after FPL starts Relocation construction any of the following occurs: (a) Applicant requests a change in the Relocation scope ofworkof FPL Facilities; (b) FPL determines thatthere is a need fora change in the Relocation scope of work and such change causes the reimbursable costof the Relocation to changeby20%ormore;or(c)there isanincrease incosts due to unknown or unforeseen physical conditions atthe site which differ materially from those originally encountered; FPL shall provide Applicant with anew cost estimate as soon as practicable, and Applicant shall pay any increased costs in the revised cost estimate, plus 20% thereof, to FPL within thirty (30) days after receipt of the revised cost estimate. 5.4.3 Transmission Line Clearance Availability and/or Cancellation. Applicant understands and agrees that the Relocation requires the de-energization of FPL Facilities in orderto perform the Relocation work hereunder. In the event the FPL system operator considers the FPL power system is at risk, then FPL, in FPL's sole discretion, may cancel, limit and/or reschedule the approved FPL Facilities de-energization at any time, whereupon Applicant, atApplicant's solecostand expense, shall be responsiblef or th e entire cost: (i) to compensate the line contractoratits stand by rate fora minimum of eight(8) crew hou rs per day for each day; and/or(ii)to demobilize its crew, until the newdate the Transmission Line Clearance has been obtained and the FPL Facilities have been de -energized. Such transmission line clearance cancellation costs (or restriction forlimited hours ornightwork) shall will be added to the total costof the Relocation to be paid by Applicantand shall not be subjectto the limits setforth in Sections 5.4.1 and 5.4.2 above. 5.5 Credits. 5.5.1 Applicant shall receive a credit for the payment of any non-refundable deposit required for the design, engineering, and estimating of the Relocation of FPL Facilities (as setforth above in Section 5.2). 5.5.2 Applicantshall receivea creditfor payment madeto FPL hereunder, if payment is received by FPL prior to issuing a detailed costestimate and if this Agreement has been entered intowithin ninety (90) days of the date thatestimate was deliveredto Applicantand the Relocation performed. 5.5.3 Applicant shall receive no credit for payment hereunder, and such payment shall not be refunded: (a) if Applicant has notexecuted this Agreementwithin ninety (90) days of the date a detailed cost esti mate was received by Applicant, (b) if subsequent cost estimate is requiredand notpaid, plus an additional 20% of any increased costthereof, withinthirty (30) days of the date Applicant receives the new costestimate; or (c) if Applicantterm inates this Agreement. 5.5.4 Any cost estimate providedto Applicant after the initial detailed cost estimate shall be done atadditional cost and expense to Applicant. Applicant's paymentfor costestimates shall be credited or retained by FPL as provided above. 5.6 Billing and Pavment. Priorto the com menoementof any Relocation of FPL Facilities underthis Agreement, Applicant shall pay in advancethe full estimated cost of such Relocation per Sections 5.2 and 5.4.2 and 5.4.3 above. 5.7 Final Bill. Upon completion of the Relocation, FPL shall atthe earliestdate practicable furnish to Ap p I i cant a f in a I billing of all outstanding costs, including any overhead costs, incurred in connection with performance of Relocation of the FPL Faci I ities less a ny prepaid cred its f or add iti o nal cost esti mates. Ap pl i ca nt shal I have th i rty (30) days f ro m the date of an invoice to approve and pay the invoice. Failure to provide FPL with written notice to the contrary within the thirty (30) day period shall constitute approval by Applicant of the invoice against which payment must be rem itled in full to FPL within thirty (30) days of the date of the invoice. If payment by Applicant is not postmarked within th i rty (30) days of the date of the invoice, then a late payment charge shall be assessed in the amountof one and one-half Page 3 of 7 200 percent (1'/2%)of the amountof the billing per month, charged on a daily basis or highest interest a I I owab le under law. 5.8 Refund and Effect of Termination. 5.8.1 Consistentwith the terms of this Agreement, FPL shall refundto Applicant any amounts which Applicant has paid to FPL beyond the full costof Relocation including any overhead costs. 5.8.2 In the eventthatthisAgreementisterminated due to the cancellationorindefin ite suspension of work in furtherance of Applicant's construction, Applicant shall be responsible forthe costs of Relocation already incurred, including but not limitedto all engineering, design, equipment, and materials cost, laborcosts, and if any, the costs of Replacement FPL Facilities already installed, necessaryto place any FPL Faci I iti e s into a permanent condition suitable to provide continuous, reliable electric service to the public in accordance w th all applicable laws, regulations and FPL's usual practices as set forth in Article III herein. Nothing in this section shall be construed to modify or abrogate FPL's legal duty to mitigate damages. ARTICLE VI — INSPECTIONS 6.0 Inspections. All cost records and accounts of FPL directly related to the Relocation work performed under this Agreementshall be subjectto inspection byApplicantfora periodof one (1)yearfromthe completion date of all Relocation work performed under this Agreement. Such inspections shall be performed by Applicant and in accordancewith the following considerations: (a) Applicantshall provide FPL with thirty (30) days written notice requesting an inspection; (b) The specifictime of inspection must be mutuallyagreed to; (c) Information required for inspection purposes shall be accounts and records kept by FPL directly related to Relocation and reimbursable costs; (d) Applicantmay request only information reasonably required by itconcerning Relocation an d such request for information shall be in writing and shall include the purposeof the inspection; (e) FPL shall makeavailablethe requested information at its offices during normal business hours, Mondaythrough Friday; (f) Applicantshall bearany costs associatedwith any inspections, including FPL costs, if any; and (g) Information available underthis Agreementshall not be used in violation of any law orregulation. FPL shall quote a deposit amount when such a requestfor inspection is made which Applicant shall pay in advance. ARTICLE VII - GENERAL CONDITIONS 7.1 Benefit of Agreement; Assignment. The provisions of this Agreement shall inure to the benefit of and bind the successors and assignsof the Parties to thisAgreement butshall notinure to the benefitof anythird pa rty o r other person. This Agreement shall not be assigned by either Party except upon receiptof the priorwritten perm i ss ion of theotherParty. Such permission shall not be unreasonably withheld. 7.2 Non -waiver. The failureof either Party at anytime to require performance by the other Party of any provision hereof shall not affect the full rig htto require such performance at any time thereafter. Waiver by either Party of a breach of the same provision orany other provision shall not constitute a waiver of the provision itself. 7.3 INTENTIONALLYOMITTED. 7.4. Indemnification. Applicant hereby agrees to indemnify and hold harmless FPL, its parent corporations,subsidiaries, affiliates, companies, administrators, shareholders, agents, employees, directors, officers, successors, assigns and any liability insurance carriers that FPL may have (collectively, "FPL Entities") from and against all claims, demands, liabilities, obligations, losses, costs, expenses, causes of action of any nature and type whatsoever, including, but not limited to, attorneys' fees and costs (whether suit is instituted or not, and at trial and appellate levels), money damages in tort for any losses of property, or damage to any property arising out of or in connection with the Relocation (and future relocation(s)) of the FPL Facilities and Replacement FPL Faci I iti e s by FPL, its contractors, agents, or employees, and any and all costs and expenses incurred orexpended by FPL to obtain a substitute easement(s) to relocate the FPL Replacement Facilities, if necessary, in the future; and Applicant hereby further agrees to defend, at its sole cost and expense and at no cost and expense to FPL Entities, any and all suits or actions instituted against FPL Entities, for the imposition of such liability, loss, cost and expense. In addition to the indemnity provision above, Applicant hereby agrees to release, defend, protect, indemnify and hold FPL Entities free and harm less from any and all claims, demands, actions, or causes of action whatsoever, and from any and all liability forany loss, property damage or personal injury of any kind, nature, o r description, Page 4 of 7 201 including death, that may arise out of or be sustained as a result of the Relocation of FPL Facilities and Replacement FPL Facilities and/or future relocation(s), unless such loss is caused solely and directly bythe gross negligence of FPL. Notwithstanding the foregoing, this section 7.4 shall not be construed or interpreted as a waiver of Applicant's sovereign immunity and the limits established in Section 768.28, Florida Statutes, if applicable, norshall this paragraph be construed or interpreted to impose contractual liabilityon Applicant beyond the limitsspecified in Section 768.28, Florida Statutes, if applicable. 7.5 Insurance. If Applicant utilizes its own personnel in the construction or maintenance work around the FPL Facilities, Applicantshall furnish FPL with evidence of insurance maintained by Applicant insuring FPL Entities from liabilities assumed under the above indemnification. Said insuranceshall contain abroad form contractual endorsement or, alternatively, Applicantshall cause FPL, its parent, subsidiaries and affiliates and their respective officers, directors and employees to be named as additional named insured on Applicant's comprehensive general liability policy. Such liability coverage shall be primary to any liability coverage maintained by or on behalf ofFPLupto the $3,000,000 limitof liability. In the eventthatthe policy is on a "claims made" basis, the retroactive date of the policy shall be the effective dateof this Agreement or such otherdate asto protectthe interestof FPLandthe coverage shall survivethe termination of this Agreement until the expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort (currently, five years). If coverage is on an "occurrence" basis, such in s uran ce shall b e maintained by Applicant during theentireterm of this Agreement. The policyshall not be canceled or materially altered without at leastthirty (30) days written notice to FPL. Applicant shall provide FPL with evidence of such liability insurance coverage on the standard insurance industry form (ACORD) without modification. A copy of the policy shall be made available for inspection by FPL upon reasonable request. 7.6 Contractor Indemnification. Applicantfurtheragrees to include the following indemnification in all contracts between Applicant and its general contractors who perform or are responsi blefor construction or maintenance work on or around the subject FPL Facilities: "The Contractor hereby agrees to release, indemnify, defend, save and hold harmless Applicant and FPL, its parent,subsidiaries, affiliates ortheir respective officers, directors, or employees, from all claims, demands, liabilities and suits whether or notdue to or caused by negligence of Applicant or FPL for bodily injuries or death to person(s) or damage to property resulting in connection with the performance of the described work by Contractor, its subcontractor, agents oremployees. This indemnification shall extend up to but shall notexceed the sum of $3,000,000 for bodily injury or death of person(s) or property dam age combined single limit and $5,000,000 occurrence aggregate. In the event the Contractor is insured for liabil ity with limits in excess of these amounts, Contractor's said obligation shall extend up to but shall not exceed the limits of that insurance. Contractor's costs of defending Applicant and FPL, including attorneys' fees are excluded from and are in addition to the aforesaid limitation of liability for injury, death and property damage." 7.7 Contractor Insurance and Notice. Applicant agrees to require its contractors to obtain insurance to cover the above indemnity and further agrees to verify with its contractors that such insurance is in full force and effect. Applicant shall provide FPL's Risk Management Departmentwith notice of the name and address of Applicant's contractors as specified in Section 7.6 above, prior to the com men cement of the Relocation of FPL Facilities by FPL. 7.8 Modification or Termination of Agreement. This Agreement maybe modified, amended, orterminated atanytime by written agreement of the Parties authorized and executed with the same formality as this Agreement. 7.9 EffectofHeadinos. The headings setforth herein are for convenience only and shall not be deemedto modify or affectthe rights and obligations of the Parties to this Agreement. 7.10 FPL Consent to Relocations. FPL agrees to the Relocation ofthe FPL Facilities to the extent necessary to eliminate conflicts with Applicant's construction in accordance with the terms and conditions of this Agreement. Applicant, at no expense to FPL, shall make all necessary arrangements and agreements with any person or entity wh ich has facilities attached to the FPL poles for the relocation of thosefacilities. 7.11 Notice. All notices or other communications to either Party by the other shall be made in writing and addressed as follows: Page 5 of 7 202 To Applicant: (Name and Title) With Copies to: To FPL: Tom Colucci Transmission Relocation Coordinator Florida Power&LightCompany 700 Universe Boulevard, TS4/JW Juno Beach, FL 33408 7.12 Notification of FPL Facilities, Form 360. Applicantacknowledges thathigh voltage electric lines are located in the area of Applicant's projectand agreestowarn its employees, agents, contractors and invitees, newand experienced alike, of the danger of holding on to or touching a cable or other piece of equipment that is located or working close to any overhead power line and to use all safety and precautionary measures when working under or near FPL Facilities. Applicant acknowledges andagreesthat he has read and will complywith the Notificationof FPL Facilities attached hereto as Exhibit E. Applicantshall sign and return two (2) copies of the attached Notification of FPL Facilities along with two (2 ) signed copies of this Agreement. 7.13 Force Maieure. (a) Neither Party shall be liable or responsible for any delay in the performance of, orthe ability to perform, any duty orobligation required by this Agreement in the eventof a Force Majeure occurrence. Such occurrence shall include, butshall not be lim itedto acts of civil or military authority (includingcourts or administrative age nci es), acts of God,war,riot, or insurrection, inabilityto obtain required permits or licenses, blockades, embargoes, sabotage, epidemics, fires, unusually severefloods or weather (anywhere in the United States where FPL uti I i ty workers and contractors support restoration), strikes, lockouts or other labor disputes or difficulties. The obligation of either Party to pay money in a timely manner is absolute and shall not be subject to the Force Majeure provisions. "Force Majeure" as used herein means, without limitation, any cause or event not reasonably within the control of FPL or Applicant. (b) In the eventof any delay resultingfrorn a Force Majeure circumstance, the time forperformance hereundershall be extended fora period of time reasonably necessary to overcomethe effectof such delays. (c) In the eventof any delay or nonperformance caused by a Force Majeure circumstance, the Partyaffected shall promptly notify the other in writing. 7.14 Severabilitv. In the eventthatany of the provisions or portions orapplications thereof of this Agreement are held to be unenforceable or invalid byanycourtof competentjurisdiction, Applicantand FPL shall negoti ate an equitable adjustment in the affected provisions of this Agreement. The validity and enforceability of the remaining independent provisions shall not be affected. 7.15 Effective Date. This Agreement shall become effective upon execution by the Parties and shalIcontinue in effect until completion of all Relocation work by FPL unless otherwise provided herein or earlier termination in accorda nce with this Agreement. 7.16 Complete Agreement. This Agreement shall be signed by the authorized representatives of both Parties and constitutes the f inalwritten expression of all the terms of the agreement between the Parties and is a co m p lete and exclusive statement of those terms. Any and all prior or contemporaneous course of dealing, representations, promises, warranties orstatements bythe Parties ortheiragents, employees, or representatives that differ in any way from the term s of this written Agreement shall be given no force or effect. [Signatures appearon following page.] Page 6 of 7 203 IN WITNESS WHEREOF, the Parties have executed this Agreement, to be effective as of the date first above written. APPLICANT: By:_ Title: Date: Attest: Seal) Title FLORIDA POWER & LIGHT COMPANY: By: David K. Wed a. Title: Director Engineering Date: Page 7 of 7 204 Exhibit A (Property) 205 207 81ST STREET 3 THIS SITE _ U) z ILOwo Lu Q = 77TH STREET � Ln VICINITY MAP (NOT TO SCALE) SURVEY NOTES: 1.) THIS IS NOT A BOUNDARY SURVEY. 2.) BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING OF SOUTH 00°32'54" WEST ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, 3.) THIS SKETCH AND LEGAL DESCRIPTION HAS BEEN PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT OR ABSTRACT AND MAY NOT INDICATE CURRENT OWNERSHIP, ENCUMBRANCES, OR OTHER MATTERS OF RECORD. 4.) ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES, 5.) COPIES OF THIS SKETCH AND LEGAL DESCRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OR THE VERIFIED DIGITAL SIGNATURE OF THE FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER LISTED HEREON, 6.) DISTANCES SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMAL PORTIONS THEREOF. 7.) CERTIFICATION IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL OPINION BY THE SURVEYOR AND MAPPER BASED ON THE SURVEYOR AND MAPPER'S KNOWLEDGE AND INFORMATION AND THAT IT IS NOT A GUARANTEE OR WARRANTY EXPRESSED OR IMPLIED. CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH & LEGAL DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON JANUARY 20, 2023 MEETS THE STANDARDS OF PRACTICE UNDER RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. •�EE PoWERs., Digitally signed by • J4 No.8888 gyp'• Lee Powers LEE POWERS, PSM�,, BTATEOF ,•',' Date: 2023.02.22 REGISTRATION NO. 6805 '. FLORIDA ; • b ; 14:38:44-05'00' STATE OF FLORIDA 'a<suRv�+�;.' DATE I REVISION I BY 2102123 COUNTY COMMENTS LP 2122123 COUNTY COMMENTS LP 3970 RCA BOULEVARD, SUITE #775( PALM BEACH GARDENS, FL 33410 I NFO@ZEMANGROUP.COM (561) 223-8035 PROJECT N0, 22105.01 IfJIMAN SCALE 1" = 2001 DRAWN BY LP CONSULTING GROUP CHECKED BY Rz FLORIDA LB NO. 8431 1 SHEET(S) I 1 OF 4 LEGAL DESCRIPTION: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE SOUTH 00°32'54" WEST ON THE WEST LINE OF SAID SOUTHWEST QUARTER, 162.56 FEET; THENCE SOUTH 89°59'37" WEST, 32.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°32'54" WEST, 47.36 FEET; THENCE SOUTH 89°51'22" EAST, 2.00 FEET; THENCE SOUTH 00°32'54" WEST, 25.00 FEET; THENCE NORTH 89°51'22" WEST, 2.11 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY, SAID CURVE HAS A RADIUS OF 2,920.00 FEET, TO WHICH A RADIAL LINE BEARS SOUTH 88°57'43" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°21'58" AN ARC DISTANCE OF 579.26 FEET TO A POINT OF REVERSE CURVATURE, SAID CURVE IS CONCAVE EASTERLY AND HAS A RADIUS OF 3,080.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11051'23" AN ARC DISTANCE OF 637.35 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00°32'54" WEST, 939.71 FEET; THENCE SOUTH 03°39'36" EAST, 270.66 FEET TO A POINT HEREINAFTER KNOWN AS REFERENCE POINT "A"; THENCE NORTH 87006'44" EAST, 425.62 FEET; THENCE NORTH 02054'41" WEST, 35.00 FEET; THENCE SOUTH 87°06'44" WEST, 381.07 FEET; THENCE NORTH 03039'36" WEST, 234.61 FEET; THENCE NORTH 00°32'54" EAST, 938.06 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAS A RADIUS OF 3,035.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11051'23" AN ARC DISTANCE OF 628.04 FEET TO A POINT OF REVERSE CURVATURE, SAID CURVE IS CONCAVE WESTERLY AND HAS A RADIUS OF 2,965.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1204649" AN ARC DISTANCE OF 661.36 FEET TO A POINT OF NON -TANGENCY; THENCE SOUTH 89059'37" WEST, 44.61 FEET. SAID LANDS SITUATED, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAIN 125,692 SQUARE FEET (2.885 ACRES), MORE OR LESS. TOGETHER WITH AN ANCHOR EASEMENT 20.00 FEET IN WIDTH, LYING 10 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT SAID REFERENCE POINT "A"; THENCE NORTH 03°39'36" WEST, 17.41 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE SOUTH 86°20'24" WEST, 65.00 TO THE END OF THE CENTERLINE. SIDELINES TO BE SHORTENED AND/OR LENGTHENED TO CREATE A CLOSED FIGURE. SAID LANDS SITUATED, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAIN 1,300 SQUARE FEET, MORE OR LESS. DATE REVISION BY 3970 RCA BOULEVARD, SUITE #775( PALM BEACH GARDENS, FL 33410 I NFO@ZEMANGROUP.COM (561) 223-8035 PROJECT NO. 22105.01 IfiENIAN SCALE 1" = 200' DRAWN BY LP CONSULTING GROUP CHECKED BY DZ FLORIDA LB NO. 8431 1 SHEET(S) I 2b!qF 4 MATCHLINE — SEE SHEET 3 ' pp0`6c c c I If, o 3 F �p0 ui Wa w� `3991° °p0 5 '°'� n W El•• PLp�pO°p°j°� � eM +� PPaL N" a �r N oz oa�l pp`y0 t� ( p�CE` 3,3g31 las Anr W L5 L11 I POINT OF BEGINNING P.O.C. "p R/W RIGHT OF WAY P6 0500000 LI 47.35 500' 32' 54111 12 2.00 589' 51' 22"E I3,3g37� p060:, 25.00 S00' 32' 54"W L4 2.11 N89' 45' 339 L5 939.71 p�LE�•. 32' 54"IV 16 pEP�601�°p� � CREAGE PANEL• 3139A37000005000000161 36"E L7 425.62 N87. 06' 44"E L8 35.00 NO2° 54' O64E`°a6EtR L9 381.07 587° P���pp00 44"W L 10 234.61 NO3° 39' pPp.RSpppy L6 938.06 N00° P.O.B. S4 "E 1.12 CENIERUNE Or 20 ANCHOR EASEMENT 589' L9 566°202419 65A0 C 03.3936W (n n.41 37 77TH STREE; P.O.C. 6 5 s00T11 LINE OF THE S. TOWNSHIP 31 St REFERENCE POINT 'A' L7 ABBREVIATIONS: LB LICENSED BUSINESS PZ.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT R/W RIGHT OF WAY 39 EAST Curve Table Line Table Radius Delta Line I Length Direction 11°21'58" LI 47.35 500' 32' 54111 12 2.00 589' 51' 22"E L3 25.00 S00' 32' 54"W L4 2.11 N89' 51' 22"W L5 939.71 500° 32' 54"IV 16 270.66 503° 39' 36"E L7 425.62 N87. 06' 44"E L8 35.00 NO2° 54' 41"W L9 381.07 587° 06' 44"W LID 234.61 NO3° 39' 36"V4 LII 938.06 N00° 32' S4 "E 1.12 44.61 589' 59' 37"W Curve Table Curve I Length Radius Delta Cl 579.25 2920.00 11°21'58" C2 637.35 3080.00 21° 51'23 C3 628.04 3035.00 11° 51'23" C4 661.36 2965.00 12. 46'49" DATE REVISION BY PROJECT NO. 22105.01 SCALE 1" = 200' flCMA DRAWN BY LP 3970 RCA BOULEVARD, SUITE #7750 CONSULTING G �0 U p CHECKED 8 PALM BEACH GARDENS, FL 33410 INFO@ZEMANGROUP.COM (561) 223-8035 FLORIDA LB NO. 8431 SHEET(S) Vr 4 GIST STREET FP�SPPO�pO£ppOW- 4Q � 3j3g34 P.O.B. m d p0010 3 5g34 L�. 34 P.O.C. CORNER OF "" SOOTHWEST 1/d OF SECT/0N 32. TOWNSHIP 31 50UTH, RANGE 39 EAST 569'57371" 32.00 ( 3 112 3.Iy0 43 YPC�� 3 P I 760' RAY 4 I CI C4 II , E p0000008 �pgP60p5 43g3 1 4� 45' b ACREAGE PARCEL- 373932001100500000008D n Y f 0p60p6ou Nei 0 Curve Table 34303 C2_ N� a IE4 W p �S Delta �� EI W Directlan L1 47.36 S00° 32' C3 L2 2.00 I ACREAGE I-7PARCEL 31393200000500000009.0 R-14 CANAL 22'E I•— CANAL-- I7 R-14 100' R/W 500' 100' R/I4] AcAFxG� — PARCEL: 373 L4 �— — — N89° 14tA 111,13 113 P MATCHLINE - SEE SHEET 4 Curve Table Line Table Radlus Delta Line x Length Directlan L1 47.36 S00° 32' 54111 L2 2.00 S89' 51' 22'E L3 25.00 500' 32' 54"W L4 2.11 N89° 51' 22"W L5 939.71 500' 32' 541114 L6 270.66 503° 39' 36"E L7 425.62 N87° 06' 44"E L8 35.00 NO2' 54' 41"I4 L9 381.07 S871 06' 449W L10 134,61 NO3' 39' 36"14 L71 938.05 N00° 32' 54'E L12 44.61 S891 59' 371114 Curve Table Curve r Length Radlus Delta C1 579.26 2910.00 11° 21'58' C2 637.35 3080.00 11. 51'23' C3 628.04 3035.00 11°51'23' C4 661.36 2965.00 12° 46'49` DATE REVISION BY C O N S U L T I N6 G ROU P FLORIDA LB NO. 8431 PROJECT N0, 22105.01 SCALE 1" = 200' jfjCMAN DRAWN BY LP 3970 RCA BOULEVARD, SUITE PALM BEACH GARDENS, FL 33410410 INFO@ZEMANGROUP.COM (561) 223-8035 CHECKED B DZ SHEET(S) 4F 4 Exhibit C (Construction Drawings) 212 �J Z ■ qaap,`��,' a F (J z W O Z B LD f O $ O :■ m Or > W yQ ■.. O _a8x OM y ye Y N a � 00 3 O � � i �O 0 LL O rn O o m 8 �O � O w Ow p ° 3 a z0 W O F C QF N Q O p Y $ = F m Q Q Om O m O U LU rn ..: `�' Z Q O W cn p o— gGc M Q M • Z Z E� Irw a } zcn F z di Z m m �- z 2 = N J J OU ❑ W � U a M Co m ° � � ®• ri p ' � N • m J« O:w - 3 0� � w o �n N H ® 3 � 7$ m °c O O x O 8 rn m c A p O a 9 $ m N c E w� m = rnow � « U J N Q C i w "x C a C 0 ai N E n r n 3 m � W � O! N OI ^� �`a irw N a V) w • Q a 8 m m ® Q m U m F W N O pO U r F a = E u • �'LRia m J p: W G m m z m m23 m ® � c e Y wui r • �=�w m Fa �iR O 1- n m m vwi pc w w � up¢ E x D❑ Q O w Z m o- c '`. r O co N❑ E W N❑ i Z z cr)= J� w o � x :w Z (n L Lo 0 Ln zi 0 Wo Lij Z=Z Zg ZLLI❑ h J 20 Z F- CD _ •€�' SO (DQ Ow 3'KWo3 a z2 z= w NN Z N z w w w m Wz PPz ?: N� cnm x0 x0 ": wa4 zw�- W!- Exhibit D (Cost Estimate) 214 Estimate Valid Through: Jun 19, 2023 Project Description RBL DAT -RAN 138 KV Relocation of 4 structures for development of Transit Village Florida Power & Light Company Summary Estimate of Cost Project Level Work Order T09999-009-0984-00 List (max 6) Estimate Printed On Project Name Dec 19, 2022 7:49:29 CUS Central Line No Salvage Removal Item Item Cost Total 6 (A) ENGINEERING 7 Labor 8 *Additives of Labor 9 Transportation 10 Applied Engineering $90,937.00 11 Contractor & Misc. Expenses 12 *Additives of Contractor/Misc. Expenses 13 Sub -total $90,937.00 $90,937.00 14 15 (B) LAND & LAND RIGHTS (RIGHT OF WAY) 16 Labor 17 *Additives of Labor 18 Transportation Expenses 19 Purchase and/or Easements 20 Contractor & Misc. Expenses 21 *Additives of Contractor & Misc. Expenses 22 Sub -total 23 24 (C) CONSTRUCTION 25 Labor $63,236.36 26 *Additives of Labor 27 Transportation Expenses $31,363.72 28 Material $227,627.10 29 * Stores Loading $22,815.30 30 Contractor & Misc. Expenses $851,400.72 31 *Additives of Contractor & Misc. Expenses 32 Sub -total $1,196,443.20 $1,196,443.20 33 34 (D) OTHER - MAINTENANCE 35 Labor 36 *Additives of Labor 37 Transportation Expenses 38 Material 39 * Stores Handling 40 Contractor & Misc. Expenses 41 *Additives of Contractor & Misc. Expenses 42 Sub -total 43 44 (E) ADMINISTRATIVE & GENERAL COSTS 45 Administrative & General Costs $327,414.92 46 Sub -total $327,414.92 $327,414.92 47 48 $0.00 $0.00 GRAND TOTAL $1,614,795.12 $1,614,795.12 49 TOTAL INSTALLATION AND MAINTENANCE COST $1,614,795.12 50 TOTAL REMOVAL COST $0.00 51 SALVAGE () LESS SALVAGE ADJUSTMENT (FACILITIES NOT REPLACED) $0.00 52 SUB -TOTAL $1,614,795.12 53 CREDIT##.##% (FROM AGREEMENT) $0.00 54 NET REPLACEMENT COST (Sum lines 52 and 53) $1,614,795.12 *Handling, Tax & Insurance and Pension & Welfare at Approved Rates Engineer: Page 1 of 1 Bill Page 1 FPL Reimb - 3104 Submitted By: James Joseph 215 Estimate Valid Through: Jun 19, 2023 Work Order Description cost -only work order to process thru rbl system (Site:palm beach ) Florida Power & Light Company Summary Estimate of Cost Work Order Level Estimate Printed On: Dec 19, 2022 7:49:29 Project Name CUS Central Work Order T09999-009-0984-000 Line No Salvage Removal Item Item Cost Total 6 (A) ENGINEERING 7 Labor 8 *Additives of Labor 9 Transportation 10 Applied Engineering $90,937.00 11 Contractor & Misc. Expenses 12 *Additives of Contractor/Misc. Expenses 13 Sub -total $90,937.00 $90,937.00 14 15 (B) LAND & LAND RIGHTS (RIGHT OF WAY) 16 Labor 17 * Additives of Labor 18 Transportation Expenses 19 Purchase and/or Easements 20 Contractor & Misc. Expenses 21 * Additives of Contractor & Misc. Expenses 22 Sub -total 23 24 (C) CONSTRUCTION 25 Labor $63,236.36 26 *Additives of Labor 27 Transportation Expenses $31,363.72 28 Material $227,627.10 29 * Stores Loading $22,815.30 30 Contractor & Misc. Expenses $851,400.72 31 * Additives of Contractor & Misc. Expenses 32 Sub -total $1,196,443.20 $1,196,443.20 33 34 (D) OTHER - MAINTENANCE 35 Labor 36 * Additives of Labor 37 Transportation Expenses 38 Material 39 * Stores Handling 40 Contractor & Misc. Expenses 41 * Additives of Contractor & Misc. Expenses 42 Sub -total 43 44 (E) ADMINISTRATIVE & GENERAL COSTS 45 Administrative & General Costs $327,414.92 46 Sub -total $327,414.92 $327,414.92 47 48 $0.00 $0.00 GRAND TOTAL $1,614,795.12 $1,614,795.12 49 TOTAL INSTALLATION AND MAINTENANCE COST $1,614,795.12 50 TOTAL REMOVAL COST $0.00 51 SALVAGE () LESS SALVAGE ADJUSTMENT (FACILITIES NOT REPLACED) $0.00 52 SUB -TOTAL $1,614,795.12 53 CREDIT FROM AGREEMENT (0%) $0.00 54 NET REPLACEMENT COST (Sum lines 52 and 53) $1,614,795.12 *Handling, Tax & Insurance and Pension & Welfare at Approved Rates Engineer: Page 1 of 1 Bill Page 2 FPL Reimb - 3104 Submitted By: James Joseph 216 Exhibit E (Form 360) 217 FPL. Customer/Agency Developer/Contractor Name Location of Project FPL Representative Developer/Contractor Representative NOTIFICATION OF FPL FACILITIES Date of Meeting/Contact: Project Number/Name: City: Phone: FPL Work Request #/Work Order #: FPL calls your attention to the fact that there may be energized, high voltage electric lines, both overhead and underground, located in the area of this project. It is imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed improvements will bring any person, tool, machinery, equipment or object closer to FPL's power lines than the OSHA -prescribed limits. If it will, you must either re -design your project to allow it to be built safely given the pre-existing power line location, or make arrangements with FPL to either deenergize and ground our facilities, or relocate them, possibly at your expense. You must do this before allowing any construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors, and their employees, will operate or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, in dangerous proximity to such power lines during the course of construction, and, if so, when and where. Therefore, if it becomes necessary for any contractor or subcontractor, or their employees, to operate or handle cranes, digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer to underground or overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented. The National Electrical Safety Code ("NESC") prescribes minimum clearances that must be maintained. If you build your structure so that those clearances cannot be maintained, you may be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such, you should contact FPL prior to commencing construction near pre-existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the NESC clearances. It is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations: 1. Make absolutely certain that all persons responsible for operating or handling cranes, digging apparatus, draglines, mobile equipment or any equipment, tool, or material capable of contacting a power line, are in compliance with all applicable state and federal regulations, including but not limited to U.S. Department of Labor OSHA Regulations, while performing their work. 2. Make sure that all cranes, digging apparatus, draglines, mobile equipment, and all other equipment or materials capable of contacting a power line have attached to them any warning signs required by U.S. Department of Labor OSHA Regulations. 3. Post and maintain proper warning signs and advise all employees, new and old alike, of their obligation to keep themselves, their tools, materials and equipment away from power lines per the following OSHA minimum approach distances (refer to OSHA regulations for restrictions): *Power Line Voltages **Personnel and Equipment Cranes and Derricks Travel under or near Power Lines (on construction sites, no load) (29 CFR 1910.333 and 1926.600) (29 CFR 1926.1407, 1408) (29 CFR 1926.600 -Equipment) (1926.1411- Cranes and Derricks) 0 - 750 volts 10 Feet 10 Feet 4 Feet 4 Feet 751 - 50,000 volts 10 Feet 10 Feet 4 Feet 6 Feet 69,000 volts 11 Feet 15 Feet 10 Feet 10 Feet 115,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 138,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 230,000 volts 16 Feet 20 Feet 10 Feet 10 Feet 500,000 volts 25 Feet 25 Feet 16 Feet 16 Feet *When uncertain of the voltage, maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000 volts. **For personnel approaching insulated secondary conductors less than 750 volts, avoid contact (Maintain 10 Feet to bare energized conductors less than 750 volts). For qualified personnel and insulated aerial lift equipment meeting requirements of 29 CFR 1910.333, distances may be reduced to those shown in 29 CFR 1910.333 Table S-5. 4. All excavators are required to contact the Sunshine State One Call of Florida, phone number 1-800-432-4770 or 811 a minimum of two working days (excluding weekends) in advance of commencement of excavation to ensure facilities are located accurately. 5. Conduct all locations and excavations in accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention & Safety Act and all local city and county ordinances that may apply. 6. When an excavation is to take place within a tolerance zone, an excavator shall use increased caution to protect underground facilities. The protection requires hand digging, pot holing, soft digging, vacuum methods, or similar procedures to identify underground facilities. A copy of this notification must be provided by you to each contractor and subcontractor on this project, to be shared with their supervision and employees prior to commencing work on this project. Means by which this notification was provided to customer and/or contractor FPL Representative Signature Customer/Developer/Contractor Representative Signature Form 360 (Rev. 119112) Address Date Date 218 This Instrument has been prepared by or under the supervision of (and after recording return to): Jesse J. Hap, Esq. FloridaPower & Light Company (LAW/JB) 700 Universe Boulevard Juno Beach, Florida 33408 MEMORANDUM OF FACILITIES RELOCATION AGREEMENT THIS MEMORANDUM OF FACILITIES RELOCATION AGREEMENT ("Memorandum") is executed dated this day of , 2023, by and between Indian River County, a political subdivision of the State of Florida ("IRC") and Florida Power & Light Company, a Florida corporation ("FPL"). RECITALS WHEREAS, on even date herewith, IRC entered into a written Facilities Relocation Agreement in favor of FPL ("Agreement") related to the installation and relocation of certain FPL facilities associated with certain property situated in Indian River County, Florida more particularly described and depicted on the survey attached hereto as Exhibit A and made a part hereof ("Land"); and WHEREAS, IRC and FPL desire to provide record notice of the Agreement pursuant to this Memorandum. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, IRC and FPL hereby give record notice of the following: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Reimbursement. The Agreement provides, among other things, IRC's relocation reimbursement responsibilities and obligations with regard to the Land, all in accordance with the terms and conditions set forth in the Agreement. 3. Assignment. The Agreement provides that IRC's relocation reimbursement responsibilities and obligations inure to the benefit of the successors and assigns of FPL, and are binding upon IRC and IRC's successors and assigns. [Signatures and Acknowledgements Appear on Following Pages] 219 IN WITNESS WHEREOF, IRC and FPL have executed this Memorandum on the date hereinabove written. Signed, sealed and delivered in the presence o£ Signature: Print Name: Signature: Print Name: STATE OF FLORIDA ) )ss: COUNTY OF INDIAN RIVER ) online IRC: Indian River County, a political subdivision ofthe State of Florida By: Print Name: Its: ACKNOWLEDGMENT The foregoing instrument was acknowledged before meby means of ❑ physical presence or ❑ notarization, this day of , 2023, by as of IndianRiver County, apolitical subdivision of the State of Florida. (NOTARIAL SEAL) Notary: Print Name: Notary Public, State of Florida My commission expires: ❑ Personally Known OR ❑ Produced Identification Type of Identification Produced [signature and acknowledgement continued on following page] 2 220 Signed, sealed and delivered in the presence of: Signature: Print Name: Signature: Print Name: STATE OF FLORIDA ) )ss: COUNTY OF ) FPL: Florida Power & Light Company, a Florida corporation By: Print Name: Its: ACKNOWLEDGMENT The foregoing instrument was acknowledged before meby means of ❑ physical presence or ❑ online notarization, this day of 2023, by as of Florida Power & Light Company, a Florida corporation. (NOTARIAL SEAL) Notary: Print Name: Notary Public, State of Florida My commission expires: ❑ Personally Known OR ❑ Produced Identification Type of Identification Produced 221 Exhibit A (Survey and Legal Description of the Land is Attached) Exhibit A 222 81ST STREET 3 THIS SITE _ L z > a = W Q 0 � 77TH STREET H 00 Ln VICINITY MAP (NOT TO SCALE) SURVEY NOTES: 1.) THIS IS NOT A BOUNDARY SURVEY. 2.) BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING OF SOUTH 00032'54" WEST ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, 3.) THIS SKETCH AND LEGAL DESCRIPTION HAS BEEN PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT OR ABSTRACT AND MAY NOT INDICATE CURRENT OWNERSHIP, ENCUMBRANCES, OR OTHER MATTERS OF RECORD. 4.) ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES, 5.) COPIES OF THIS SKETCH AND LEGAL DESCRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OR THE VERIFIED DIGITAL SIGNATURE OF THE FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER LISTED HEREON. 6.) DISTANCES SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMAL PORTIONS THEREOF, 7.) CERTIFICATION IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL OPINION BY THE SURVEYOR AND MAPPER BASED ON THE SURVEYOR AND MAPPER'S KNOWLEDGE AND INFORMATION AND THAT IT IS NOT A GUARANTEE OR WARRANTY EXPRESSED OR IMPLIED, CERTIFICATION: 1 HEREBY CERTIFY THAT THE ATTACHED SKETCH & LEGAL DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON JANUARY 20, 2023 MEETS THE STANDARDS OF PRACTICE UNDER RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. '111111,,,/ POWFRs., 4��;sENi;N�. Digitally signed by ' No. 6906 Lee Powers LEE POWERS, PSM TATE OF ,= Date: 2023.02.22 REGISTRATION NO. 6805 "s5,' ''•.. FLORIDA; iii STATE OF FLORIDA '�q "•��' 14:38:44-05'00' DATE I REVISION I BY /02/23 COUNTY COMMENTS LP 122123 COUNTY COMMENTS LP 3970 RCA BOULEVARD, SUITE #7750 PALM BEACH GARDENS, FL 33410 INFO@ZEMANGROUP.COM (561) 223-8035 PROJECT NO. 22105.01 IfJIMAN SCALE 1" = 200' r r r 110 DRAWN BY LP (ONSUIII NG GROUP CHECKED BY „Rz FLORIDA LB NO. 8431 1 SHEET(S) I 1 OF 4 LEGAL DESCRIPTION: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE SOUTH 00'32'54" WEST ON THE WEST LINE OF SAID SOUTHWEST QUARTER, 162.56 FEET; THENCE SOUTH 89°59'37" WEST, 32.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°32'54" WEST, 47.36 FEET; THENCE 50UTH 89°51'22" EAST, 2.00 FEET; THENCE SOUTH 00°32'54" WEST, 25.00 FEET; THENCE NORTH 89051'22" WEST, 2.11 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY, SAID CURVE HAS A RADIUS OF 2,920.00 FEET, TO WHICH A RADIAL LINE BEARS SOUTH 88°57'43" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11021'58" AN ARC DISTANCE OF 579.26 FEET TO A POINT OF REVERSE CURVATURE, SAID CURVE IS CONCAVE EASTERLY AND HAS A RADIUS OF 3,080.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11051'23" AN ARC DISTANCE OF 637.35 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00°32'54" WEST, 939.71 FEET; THENCE SOUTH 03°39'36" EAST, 270.66 FEET TO A POINT HEREINAFTER KNOWN AS REFERENCE POINT "A"; THENCE NORTH 87°06'44" EAST, 425.62 FEET; THENCE NORTH 02054'41" WEST, 35.00 FEET; THENCE SOUTH 87°06'44" WEST, 381.07 FEET; THENCE NORTH 03039'36" WEST, 234.61 FEET; THENCE NORTH 00032'54" EAST, 938.06 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAS A RADIUS OF 3,035.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11051'23" AN ARC DISTANCE OF 628.04 FEET TO A POINT OF REVERSE CURVATURE, SAID CURVE IS CONCAVE WESTERLY AND HAS A RADIUS OF 2,965.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12046'49" AN ARC DISTANCE OF 661.36 FEET TO A POINT OF NON -TANGENCY; THENCE SOUTH 89059'37" WEST, 44.61 FEET. SAID LANDS SITUATED, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAIN 125,692 SQUARE FEET (2.885 ACRES), MORE OR LESS. TOGETHER WITH AN ANCHOR EASEMENT 20.00 FEET IN WIDTH, LYING 10 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT SAID REFERENCE POINT "A"; THENCE NORTH 03°39'36" WEST, 17.41 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE SOUTH 86020'24" WEST, 65.00 TO THE END OF THE CENTERLINE. SIDELINES TO BE SHORTENED AND/OR LENGTHENED TO CREATE A CLOSED FIGURE. SAID LANDS SITUATED, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAIN 1,300 SQUARE FEET, MORE OR LESS. DATE REVISION BY 3970 RCA BOULEVARD, SUITE #775( PALM BEACH GARDENS, FL 33410 INFO@ZEMANGROUP.COM (561) 223-8035 PROJECT N0, 22105.01 IfilMAN SCALE 1" = 200' DRAWN BY LP CONSULTING GVOUP ICHECKED B DZ FLORIDA LB NO. 8431 SHEET(S) 1224F 4 MATCHLINE P£0pOppp,p 3\543 C'+ P PPL£ 3 L5- \\p poo �3\p0� ►PL£`, i P P.Q.B. CENTERLINE OF 20' ANCHOR EASEMENT S8a'20'241Y 65.00 P.O.C. REFERENCE POINT"A' )-EE SHEET 3 m 0\p➢ iI SPI 6 00,000 Nm o PPL£•. =o 5h 3 ti of cal \30 3\ g3apW' P les `-L11 1 OpO\Np ilod,:, 6PEp�p0\3 \6\ �P60EOp5pp66 \3g3t F� ACREAGE b PAACEL•313932000005000000I6.2 b P�P���O P 61R PPPPS PP44' ABBREVIATIONS: LB LICENSED BUSINESS P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT R/W RIGHT OF WAY Curve Table Line Table Radius Delta Line 0 Length Direction 11° 21'58" LI 47.36 500' 32' 54 "IV L2 2.00 S89° 51' 22"E L3 25.00 SOO' 32' 54"W L4 2.11 Ne9° 51' 22"W L5 939.71 S00° 32' 54"W L6 270,66 503' 39' 36"E L7 425,62 N87' 06' 44"E L8 35.00 NO2° 54' 41"W L9 381.07 S87° 06' 44"W LID 234.61 NO3' 39' 36"W 1.11 938.06 N00° 32' 5411E L12 44.61 589° 59' 37"W Curve Table Curve M Length Radius Delta Cl 579.26 2920.00 11° 21'58" C2 637.35 3080.00 11° 51'23' C3 628.04 3035.00 ll° 51'23" C4 661.36 2965,00 12. 46'49' LB W4tSOUT 77TH 5TRRET / HOBARTRO.�D 6 H L/NE OF THE SOUTMYEST 1/4 Of SER10N 32, 7 TOWNSHIP 31 SOUTH, RANGE 39 EAST DATE REVISION BY PROJECT NO. 22105.01 SCALE 1" = 200` IfICMAN DRAWN BY LP 3970 RCA BOULEVARD, SUITE #7750 c o H s u T i H o UPI CHECKED B PALM BEACH GARDENS, FL 33410 INFO@ZEMANGROUP.COM (561) 223-8035 FLORIDA LB NO. 8431 SHEET(S) 4 4 P.O.C. MW CORNER OF THE SOUTHWEST 1/J OF SECilON 32. TOWNSHIP GI31 SOUTH. RANGE 39 EAST ST STREET Sits�� p,Q m�"1 "V POO �Mk� 589'59'37V! 3g3,Op'. w W 31.00 I p 3` Po.a. L 12 Ll - - =(RAO AL, L4 1 I ppGp 16a a- , P� C1 C4 �P1P��SV' LEV p Pp 45' b ACREAGE PARCEL 31393100000500000009.0 z IT'Pt�pOPpppO� `W o� P Curve Table � C2 P Delta W� �I Length Direction L) 47.36 S00" 32' C3 L2 2.00 ACREAGE PARCEL' 313932000005000000060 IR 14 22"E R-14 CANAL 100' R/W S00" CANA I 100''?L RAMC--- PARCEL: 313 L4 �— — 09 N89" 51' po L5 939.71 3 I '3g33 P PPCP� MATCHLINE - SEE SHEET 4 Curve Table Line Table Radius Delta Line M Length Direction L) 47.36 S00" 32' 54"111 L2 2.00 S89" 51' 22"E L3 25.00 S00" 32' 54"{-1 L4 2.11 N89" 51' 22"W L5 939.71 S00" 32' 541-1 L6 270.66 S03" 39' 36"E L7_ 425.62 1487° 06' 44"E L8 35.00 NO2" 54' 41"I11 L9 381.07 S87" 06' 44111 L10 234.61 NO3" 39' 36 -IV L11 938.05 N00" 32' 54"E L12 44.61 589" 59' 37"1-1 Curve Table Curve g Length Radius Delta C1 579.26 2920.00 11" 21'58' C2 637.35 3080.00 11" 51'23' C3 628.04 3035.00 11.51'23' C4 661.36 2965.00 12°46'49' DATE REVISION BY U L T I N G 20 U P FLORIDA LB NO. 8431 PROJECT NO. 22105.01 SCALE 1" = 200' 11flCMAN DRAWN BY LP 3970 RCA BOULEVARD, SUITE #7750 PALM BEACH GARDENS, FL 33410(OHS 1 NFO@ZEMANGROUP.COM (561) 223-8035 CHECKED 8 DZ SHEET(S) 22CF 4 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Michael Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager SUBJECT: Work Order No. 3 - Morgan & Eklund, Inc. 2023 Beach Profile Monitoring Surveys (SUMMER) DATE: March 17, 2023 DESCRIPTION AND CONDITIONS On October 4, 2022, the Board of County Commissioners (BCC) approved a contract with Morgan and Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year term. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. The County's Beach Preservation Plan recommends semi-annual beach profile surveys in order to monitor the seasonal, summer and winter, fluctuations of the beach. Proposed Work Order No. 3 provides summer -time countywide hydrographic surveying (beach profile) services for the Sectors 3, 5, and 7 Beach Nourishment Projects and additional surveying to compete a 2023 countywide monitoring effort. All onshore and offshore beach profile surveys are conducted along the Florida Department of Environmental Protection (FDEP) Range Monuments at approximately 1,000 -foot intervals (alongshore) and extend from the vegetated dune seaward to a location approximately 40 feet offshore (cross -shore). Due to the anticipated Sector 7 Beach and Dune Restoration project which would begin construction in November 2023, additional intermediate profiles lines are also being performed during this Summer 2023 survey. For project tracking purposes, Work Order No. 3 is divided into four (4) separate tasks. Task 1: Summer 2023 Sector 3, Physical Monitoring Survey (R-15 to R-60, 46 Onshore/Offshore Profile Lines) The County is required by the FDEP Permit to monitor the physical changes associated with the nourishment project semi-annually to determine the long-term performance of the project and if infrastructure may be vulnerable to storm damage. Hydrographic survey data collected from this task is required for post construction monitoring for the Sector 3 project. Task 1 includes surveying (approx. 8.7 miles) required to provide post construction physical monitoring data for the Sector 3 Beach and Dune Nourishment Project area. The survey area is larger than the estimated 6.6 miles of beach nourished under the Sector 3 nourishment project due to monitoring requirements. Task 1 totals a lump sum amount of $27,597.50. 227 Page 2 2023 Summer Beach Profile Survey March 28, 2023 BCC Agenda Item Task 2: Summer 2023 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore Lines Sector 5 Beach and Dune Nourishment Project was completed in February 2020. The County is required by the FDEP Permit to monitor the physical changes associated with the nourishment project semi-annually to determine the long-term performance of the project and if infrastructure may be vulnerable to storm damage. Task 2 includes surveying (approx. 4.5 miles) required for the summer semi-annual monitoring of the Sector 5 Beach and Dune Nourishment Project area. Task 2 totals a lump sum amount of $16,197.50. Task 3: Summer 2023 Sector 7 Physical Monitoring Survey (R-97 to R-108, together with R99.5 100.5 101.25 101.5 101.75 102.25 102.5 102.75 103.25 103.5 103 75 104 25 104 .5, 104 75 105.25, 105.5, 105.75, 106.5 and 107.5, 31 Onshore/Offshore lines) Hydrographic surveys of the project area must continue semi-annually to determine the long- term performance of the beach and if infrastructure may be vulnerable to storm damage during years in between recommended beach projects identified in the Beach Preservation Plan. Hydrographic survey data collected from this task is required for updates to the design of the upcoming Nourishment Project. Task 3 includes surveying (approx. 2 miles) required for the summer semi-annual monitoring of the Sector 7 Beach Nourishment Project area and for design updates for the upcoming nourishment project. Task 3 totals a lump sum amount of $18,602.00. Task 4: Summer 2023 Countywide Beach Monitoring (R-61 to R-64, R-92 to R-96, and R-109 to R- 119, 20 Onshore/Offshore lines) For the shoreline outside of the Sectors 3, 5, and 7 beach projects, countywide beach profile surveys are necessary to identify areas of chronic beach erosion and determine if infrastructure may be vulnerable to storm damage. The beach profile surveys will then be used to determine appropriate projects to mitigate erosion as identified in the County Beach Preservation Plan, including the upcoming Nourishment Projects. Task 4 includes the remaining countywide (approx. 4 miles) beach profile surveys. Task 4 totals a lump sum amount of $12,003.50. Please note: The Sebastian Inlet District (District), as part of their Inlet Management Plan, conducts semiannual beach profile surveys along the northern 5.6 miles of the County. The District continues to partner with the County and has agreed to provide their certified 2023 beach profile survey data to the County, resulting in a complete 22.4 -mile countywide beach profile survey and a combined annual savings of approximately $30,000 to the County. FUNDING Funding for these tasks comes to a total lump sum fee of $74,400.50. Funding for the individual tasks are as follows: Task 1: Summer 2023 Sector 3, Physical Monitoring Survey (R-15 to R-60 46 Onshore/Offshore Profile Lines) Funding for Task 1 is budgeted and available for physical monitoring of the Sector 3 Beach Nourishment Project area in the Beach Restoration Fund/ Sector 3 Post -Construction Monit 22g, Account No. 12814472-033490-05054. Task 1 totals a lump sum amount of $27,597.50. 8 Page 3 2023 Summer Beach Profile Survey March 28, 2023 BCC Agenda Item Task 2: Summer 2023 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore Lines Funding for Task 2 is budgeted and available for physical monitoring of the Sector 5 Beach Nourishment Project area in the Beach Restoration Fund/ Sector 5 Post -Construction Monitoring, Account No. 12814472-033490-15021. Task 2 totals a lump sum amount of $16,197.50. Task 3: Summer 2023 Sector 7 Physical Monitoring Survey (R-97 to R-108, together with R99.5, 100.5, 101.25, 101.5, 101.75, 102.25, 102.5, 102.75, 103.25, 103.5, 103,75, 104.25,104.5 104.75 105.25, 105.5, 105.75, 106.5 and 107.5, 31 Onshore/Offshore lines) FundingforTask 3 is budgeted and available for design of the Sector 7 Beach Nourishment Project area in the Beach Restoration Fund/Sector 7 Beach Renourishment/Hurricane Matthew, Hurricane Irma and Hurricane Dorian, Account No. 12814472-066512-17001. Task 3 totals a lump sum amount of $18,602.00. Task 4: Summer 2023 Countywide Beach Monitoring (R-61 to R-64, R-92 to R-96, and R-109 to R-119, 20 Onshore/Offshore lines) Funding for Task 5 is budgeted and available for physical monitoring of non -project areas in the Beach Restoration Fund/Other Professional Services, Account No. 12814472-033190. Task 4 totals a lump sum amount of $12,003.50. Account Name Account No. Amount Beach Restoration Fund/Sector 3 Post -Construction Monitoring 12814472-033490-05054 $27,597.50 Beach Restoration Fund/ Sector 5 Post -Construction Monitoring 12814472-033490-15021 $16,197.50 Beach Restoration Fund/Sector 7 Beach Renourishment 12814472-066512-17001 $18,602.00 Beach Restoration Fund/Other Professional Services 12814472-033190 $12,003.50 Total $74,400.50 RECOMMENDATION The recommendation of staff is for the BCC to approve Work Order No. 3 to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc., in the amount of $74,400.50 and authorize the Chairman to sign two (2) copies of the Work Order on behalf of the County. ATTACHMENTS Morgan and Eklund IRC Summer 2023 WO No. 3 Work Order No. 3 Agreement Execution APPROVED AGENDA ITEM FOR: March 28, 2023 229 Public Works Coastal Division Attn: Eric Charest, Natural Resources Manager 1801 27th Street Vero Beach, FL 32960 RE: 2023 Summer Semi -Annual Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-15 to R-119 together with Sector 7 Intermediate Project Lines Dear Eric: Morgan & Eklund, Inc. (M&E) is pleased to provide you with the following proposal to furnish professional land and hydrographic survey services for the above referenced project. Beach profiles will include R-15 through R-119 together with the intermediate lines for Sector 7, a total of 124 beach profile lines. All data collected will be in accordance with the FDEP- approved Physical Monitoring Plan. M&E will provide the County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor. We will also provide FDEP submittal package. The survey will be performed in May/June 2023 with drawings and reports completed in July 2023. In accordance with the scope of work as provided, our prices will be as follows: I. Sector 3 (R-15 to R-60, 46 Onshore/Offshore Profile Lines) Chief Surveyor 4 hours @ $171/hr........................................$ 684.00 Senior Project Manager 9 hours @ $132/hr........................................$ 1,188.00 Assistant Project Manager 1.5 hours @$85/hr....................................... $ 127.50 Hydrographic Lead Surveyor 16 hours @ $107/hr......................................$ 1,712.00 230 Survey Technician (Boat) 16 hours @$82/hr........................................ $ 1,312.00 Three Man Survey Crew 76 hours @ $180/hr......................................$ 13,680.00 26' Parker Survey Boat 2 days @ $600/day....................................... $ 1,200.00 Trimble MPS500 Inert System 2 days @ $500/day....................................... $ 1,000.00 Single Beam Digital Fathometer 2 days @ $100/day....................................... $ 200.00 Hypack Navigation Software & Computer 2 days @ $120/day....................................... $ 240.00 Trimble RTK 8 days @ $450/day....................................... $ 3,600.00 Beach UTV 8 days @ $100/day....................................... $ 800.00 Senior Survey Computer Technician 18 hours @ $103/hr...................................... $ 1.854.00 Total I ......................................................... $ 27,597.50 H. Sector 5 (R-65 to R-91, 27 Onshore/Offshore Lines) Chief Surveyor 2 hours @ $171/hr........................................ $ 342.00 Senior Project Manager 6 hours @ $132/hr........................................ $ 792.00 Assistant Project Manager .5 hour @$85/hr.......................................... $ 42.50 Hydrographic Lead Surveyor 10 hours @ $107/hr......................................$ 1,070.00 Survey Technician (Boat) 10 hours @$82/hr........................................ $ 820.00 Three Man Survey Crew 45 hours @ $180/hr...................................... $ 8,100.00 26' Parker Survey Boat 1 day @ $600/day........................................ $ 600.00 Indian River County 2 311 Trimble MPS500 Inert System 1 day @ $500/day........................................ $ 500.00 Single Beam Digital Fathometer 1 day @ $100/day........................................ $ 100.00 Hypack Navigation Software & Computer 1 day @ $120/day........................................ $ 120.00 Trimble RTK 4.5 days @ $450/day.................................... $ 2,025.00 Beach UTV 4.5 days @ $100/day.................................... $ 450.00 Senior Survey Computer Technician 12 hours @ $103/hr......................................$ 1.236.00 TotalII........................................................$ 16,197.50 M. Sector 7 (R-97 to R-108 together with R-99.5, 100.5, 101.25, 101.5, 101.75, 102.25, 102.5, 102.75, 103.25, 103.5, 103.75, 104.25, 104.5, 104.75, 105.25, 105.5, 105.75, 106.5 and 107.5, 31 Lines) Chief Surveyor 3 hours @ $171/hr........................................ $ 513.00 Senior Project Manager 7 hours @ $132/hr........................................ $ 924.00 Assistant Project Manager 1 hour @$85/hr........................................... $ 85.00 Hydrographic Lead Surveyor 12 hours @ $107/hr...................................... $ 1,284.00 Survey Technician (Boat) 12 hours @$82/hr........................................ $ 984.00 Three Man Survey Crew 48 hours @ $180/hr...................................... $ 8,640.00 26' Parker Survey Boat 1.5 days @ $600/day.................................... $ 900.00 Trimble MPS500 Inert System 1.5 days @ $500/day.................................... $ 750.00 Single Beam Digital Fathometer 1.5 days @ $100/day.................................... $ 150.00 Indian River County 3 3/1 Hypack Navigation Software & Computer 1.5 days @ $120/day.................................... $ 180.00 Trimble RTK 5 days @ $450/day....................................... $ 2,250.00 Beach UTV 5 days @ $100/day....................................... $ 500.00 Senior Survey Computer Technician 14 hours @ $103/hr...................................... $ 1.442.00 Total III ...................................................... $ 18,602.00 W. Countywide (R-61 to R-64, R-92 to R-96, and R-109 to R-119, 20 Onshore/Offshore Lines) Chief Surveyor 1.5 hours @ $171/hr.....................................$ 256.50 Senior Project Manager 4 hours @ $132/hr........................................ $ 528.00 Assistant Project Manager 1 hour @$85/hr........................................... $ 85.00 Hydrographic Lead Surveyor 5 hours @ $107/hr........................................$ 535.00 Survey Technician (Boat) 5 hours @ $82/hr......................................... $ 410.00 Three Man Survey Crew 34 hours @ $180/hr...................................... $ 6,120.00 26' Parker Survey Boat 1 day @ $600/day........................................ $ 600.00 Trimble MPS500 Inert System 1 day @ $500/day........................................ $ 500.00 Single Beam Digital Fathometer 1 day @ $100/day........................................ $ 100.00 Hypack Navigation Software & Computer 1 day @ $120/day........................................ $ 120.00 Trimble RTK 3.5 days @ $450/day.................................... $ 1,575.00 Indian River County 4 3/1 Beach UTV 3.5 days @ $100/day....................................$ 350.00 Senior Survey Computer Technician 8 hours @ $103/hr........................................ $ 824.00 TotalIV ...................................................... $ 12,003.50 TOTAL FIXED PRICE FEE I-IV .................. $ 74,400.50 As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River County on this project. Sincerely, David W.M Coggin�y3p3.iJ 15AW1-0!tlP David W. Coggin, PSM Vice President DWC:dmc Billing: project will be invoiced monthly based on percentage completed Indian River County 5 311 M Board of County Commissioners Administration - Building A 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: 2023 Beach Profile Monitoring Surveys (Summer) WORK ORDER NO. 3 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with Contract No. 2209 2022-2024 This Work Order No. 3 is in accordance with the existing AGREEMENT dated October 4, 2022 between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); This Work Order No. 3 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 3 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the 2023 Beach Profile Monitoring Surveys (Summer); Florida Department of Environmental Protection Reference Monuments R-15 — R-119. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 3; specifically detailed in the attached proposal Exhibit A. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all 235 2023 Beach Profile Monitoring Surveys (Summer 2023) BCC Agenda March 28, 2023 Page 2of3 survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, one (1) paper "hardcopy" signed and sealed sets. Sheeted and model space (as applicable) AutoCad drawing file in release 2009 through Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets. Work Product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third -party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, 11, III and IV of this Work Order No. 3, for a total lump sum fee of $74,400.50. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 4, 2022 through October 3, 2024. All invoicing shall include Work Order No. 3 (WO 3), Contract Number (2209). Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 2209 with the COUNTY and as stated in Section II, III and IV hereon. 236 2023 Beach Profile Monitoring Surveys (Summer 2023) BCC Agenda March 28, 2023 Page 3 of 3 The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2023. OWNER Morgan and Eklund, Inc. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) Joe Earman, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller (Seal) Deputy Clerk Approved: Michael Zito, Interim County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney (Signature) (Printed name and title) Witnessed by: (Signature) 237 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: March 9, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Cindy Corrente, Utilities Finance Manager Subject: Final Payment to National Metering Services, Inc. Background On July 16, 2019, the Board of County Commissioners (BCC) authorized the endorsement of the Agreement for Meter Deployment Services between Indian River County and National Metering Services, Inc. (NMS) to perform meter deployment services. The objective of the deployment was to replace any manual read meters that were in the utility distribution system to automated meter reading (AMR) meters. Analysis: The meter deployment process itself went very well. However, the complications caused by the total shut down of work due to restrictions affiliated with COVID-19 and related material supply shortages caused the project duration to extended much longer than originally planned. However, together the staff from NMS and Indian River County Department of Utility Services (IRCDUS) worked through the delays and finally have successfully completed the project. During the project, 31,662 manual read meters were replaced with AMR meters. In addition, 5,661 meter boxes and 6,482 meter box lids were replaced. An added benefit of the project included the obtainment of Global Positioning System (GPS) coordinates for each meter. The project has drastically improved efficiencies in the system in several ways. First, the reading of meters for billing purposes is no longer a manual process wherein a meter reader had to travel to each meter box, lift the meter box lid, often times remove sand or dirt or water that had accumulated in the box to obtain the read, record that read in a hand-held instrument, and later electronically transmit that read into the billing system. Now, a meter reader travels by auto in the vicinity of the meters and using a laptop they obtain the meter reads electronically. Second, manual style meters that had been in the system beyond their useful life and had stopped recording usage, or slowed down mechanically and were no longer recording all usage, were replaced so that all meters are now recording usage accurately. Third, system alarms or messages are triggered whenever a meter transmits a read that is out of the typical usage range for that location. This feature leads to identifying dead meters in a timely manner (those that are not recording consumption) as well as identifying leaks on the customer side of the meters. As mentioned, COVID 19 led to the shut down of work for the contractor as did a shortage of materials after work reconvened. As a result, the contractor incurred several months of additional warehouse rental for the space that was used for their project headquarters in Vero Beach. Staff believes it is fair to share in 238 the cost of two months of that rental expense since delays in material shipments were unavoidable and were not the result of any inefficiencies on the part of the contractor. Funding: Funds in the amount of $22,263.32 for the two months' rent reimbursement will be recorded in the Utilities/WIP/Countywide Meter Replacement account, number 471-169000-16506, and funds in the amount of $126,269.23 will be recorded in the Utilities/Retainage/Countywide Meter Replacement account, number 471-206000-16506. Since this is a Utilities operating fund project, the funds will come from fund balance. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount Utilities/WIP/Countywide Meter Replacement 471-169000-16506 $ 22,263.32 Utilities/Retainage/Countywide Meter Replacement 471-206000-16506 $126,269.23 Total Disbursement $148,532.55 Recommendation: Staff recommends that the Board of County Commissioners approve the payment in the amount of $148,532.55, which represents reimbursement of two months' rent in the amount of $22,263.32 and release of retainage in the amount of $126,269.23 to National Metering Services, Inc. Attachments: Invoice IRC 2022-09 Retainage Spreadsheet 239 National Metering SERVICES. INC. Name: Indian River County Address: 180127th St. City: Vero Beach State FL ZIP 3296o Phone: 845-628-1500 Fax: 845-628-7434 PO Box 491 Kearny, NJ 07032 (201) 246-x115 Fax (201) 246-1831 Toll Free 1-888-448-0009 Invoice # IRC 2022-09 Item NO Date: 5/25/2022 Terms: Net 30 Rep: R. Verdiramo Attn: C_ Corrente Item NO Qty Expense Reimbursement Due to Work Stoppgge Unit Price TOTAL 1 Warehousing Expense Reimbursement -March 2022 1 Warehousing Expense Reimbursement -April 2022 $ 11,131.66 $ 11,131.66 $ 11,131.66 $ 11,131.66 Sub -Total 1 $ 22,263.32 Total $ 22,263.32 Office Use Only National Metering Seruices, Inc. Your full service Meter contractor. Meter sales, service, Meter system installation & turnkey packages available. 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Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Griffon Residences, LLC dba Crest Griffon, LLC Developer's Agreement Background: Indian River County Department of Utility Services (IRCDUS) would like to enter into an agreement with the developer, Griffon Residences LLC. dba Crest Griffon, LLC, of the Griffon Residences (Griffon), for cost sharing to increase the capacity of the nearby lift station that will ultimately service the development. IRCDUS and the developer agree that it is more logical and economical to expand the existing nearby lift station rather than construct a separate lift station to serve only the development. The current lift station will require modifications to increase its capacity to a level of service suitable for the area it already serves, plus the additional flow it will receive from the Griffon residences. The cost incurred to increase the capacity shall be the sole responsibility of the Griffon with the exception of the cost of maintenance, which the county would have incurred had the Griffon development not become part of this lift stations service area. This maintenance cost would have been the replacement cost of the current submersible pumps located in the lift station wet well. The County will be hiring the contractor to complete the construction of the lift station, and will be reimbursed by the Griffon in the amount of $160,163.39. The remainder of the construction cost of $42,000.00 will be incurred by the county; which is the amount that would have been spent to replace the pumps. The total cost to expand the capacity of the lift station will be $202,163.39 which is shown in the attached proposal from CCNA contractor Hinterland Group, Inc. Funding: Funding in the amount of $42,000 for the project will be accounted for in the Impact Fee/WIP/Lift Station #5, account, number 472-169000-23504. Funds for this project are derived from Utilities capital funding. Utilities capital funding is generated from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. Pagg,� d Description Account Number Amount Revenue Impact Fees/Service Charges/Miscellaneous Income 472034-343670 $160,163.39 Expense Impact Fee/WIP/Lift Station #5 Expansion 472-169000-23504 $202,163.39 Total County Cost $ 42,000.00 Pagg,� d Recommendation: Staff recommends that the Board of County Commissioners approve the Griffon Residences, LLC. Developer's Agreement with the County, as well as approve the CCNA construction proposal from Hinterland Group Inc. for $202,163.39, and authorize the Chairman to execute the agreement to commit the county to a cost share in the amount of $42,000.00 for the work to be performed in the agreement. Attachment: 1. Developers Agreement between Griffon Residences and IRC 2. Hinterland Group, Inc. Proposal Page 2 of 2 244 AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND GRIFFON RESIDENCES, LLC FOR THE GRIFFON COMMUNITY FOR THE CONSTRUCTION OF LIFT STATION IMPROVEMENTS THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY") and GRIFFON RESIDENCES, LLC, a Delaware Limited Liability Company, the address of which is 500 Office Park Drive, Suite 215, Birmingham, Ala a 35223 (hereinafter the DEVELOPER) is effective upon execution by the two parties. 1% WHEREAS, the DEVELOPER, in conjunction with the construction of improvements at THE GRIFFON COMMUNITY, located at 7590 20TH Avenue (SR 60), whose legal description is attached as Exhibit "A" (the "Subject Property'), is assisting the COUNTY in constructing water and wastewater facilities to serve the proposed community; and WHEREAS, the DEVELOPER was notified that Capacity improvements to existing Lift Station No. 5 will be necessary to serve both the existing lift statpn service area and the proposed Griffon Community; and WHE constructing improvements to existing Lift Station No. 5 will benefit both the DEVELOPER and the Ce 'LINTY by upgrading existing infrastructure and avoiding the operation and maintenance cost increases associated with adding another lift station; and WHEREAS, pursuant to Section 918.05, the Code of Indian River County (the "Code"), the COUNTY requires the DEVELOPER to provide the utility improvements to connect to the regional sewer system; and WHEREAS, the DEVELOPER, pursuant to Section 201.11, of the Code, agrees to reimburse the COUNTY, as provided herein, a share of the cost of constructing the improvements necessary to increase the capacity of the lift station to serve the Subject Property; and WHEREAS, the COUNTY's cost associated with replacing the pumps is to not exceed $42,000.00 NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the COUNTY and DEVELOPER agree as follows: - -Page 1 - 245 FAUTILITIES\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2023 AGENDA ITEMS\032823\GRIFFON DEVELOPERS AGREEMENT21-0009 DEV AGREEMENT GRIFFON REV 022223.DGCX 1. Improvements to Existing Lift Station 5: The DEVELOPER and COUNTY shall construct improvements to existing Lift Station 5 described herein as directed by the Indian River County Utilities Department. The DEVELOPER shall provide and/or reimburse the COUNTY the total sum of the material, equipment, and labor for the project as described in Section 1C: A. Lift Station Improvements The COUNTY and the DEVELOPER shall share in the construction of lift station improvements as follows: The COUNTY's obligations are as follows: o Temporary by-pass pumping during construction. o Remove the existing Flygt CP -3201 Duplex Pumps rated at 322 GPM with 29 HP motors in the existing wet well and install new, Duplex NP 3202/460 45HP Flygt pumps. o Install a liner system (i.e.: Green Monster Liner or equal) in the existing concrete wet well. o Remove existing and install new pump control floats, pump bases, pump guide rails with mounting brackets and accessories. o Remove existing and install new wet well top slab with hatch covers. o Remove existing and install new electrical duplex pump control panel. New panel will provide soft start pump provisions for each 45 HP pump motor and time delay relay to prevent both pumps starting simultaneously. 7 Remove existing standby generator and automatic transfer switch and replace with new standby generator and automatic transfer switch properly sized for the duplex 45HP motors. COUNTY shall retain ownership of the existing generator. Provide 8" connection valve adjacent to existing structure for new 8" force main The DEVELOPER's obligations are as follows: o Construct new 8" discharge force main approximately 1,400 LF in length and parallel to the existing 6" force main. The new 8" force main will wet tap into the existing ;force main per the approved construction plans. o. Abandon the existing 6" force main after the new 8" force main is placed into operation. o Provide to the COUNTY and/or its assigned contractor the materials and equipment identified in Exhibit "A". All improvements shall comply with Indian River County Department of Utility Services (IRCDUS) Water & Wastewater Utility Standards, May 2019 or latest edition. B. Developer Cost Items - -Page 2 - 246 FAUTILITIES\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2023 AGENDA ITEMS\032823\GRIFFON DEVELOPERS AGREEMENT121-0409 DEV AGREEMENT GRIFFON REV 022223.DOCX The DEVELOPER shall bear the entire cost of engineering design, permitting and inspection fees required for DEVELOPER's obligations listed in Section 1.A. C. Reimbursement The DEVELOPER shall reimburse the COUNTY for a portion of the funds necessary for the COUNTY to complete the lift station improvements as detailed in approved construction plans. DEVELOPER shall reimburse COUNTY the sum of $160,163.39, which is the agreed upon cost share to install the DEVELOPER provided materials and equipment listed in Exhibit "B". D. Notice to Proceed The COUNTY shall issue the contractor a Notice to Proceed (NTP) to perform the work upon receipt of the reimbursement detailed in 1.C. above from the DEVELOPER. 2. Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3. Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessa . to be executed pursuant to the provisions hereof are valid, binding obligations and are enforcea accordance with their terms. 4. Captions: Captions, if included, in this Agreement„dr.e included for convenience only and are not to be considered in any construction or interpretation of this Agreewt or any of its provisions. 5. Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. 6. DEVELOPER'S Obligations: The procurement and installation of the DEVELOPER's obligations listed in Section A shall be the DEVELOPER's responsibility and expense until such time the completion of necessary testing, acceptance and dedication of the DEVELOPER's obligations listed in Section A to Indian River County Department of Utility Services (IRC60S) per (IRCDUS) Water & Wastewater Utility Standards, May 2019 or latest edition. Installation of the generator shall be subject to COUNTY review and approval. 7. Entire Agreement This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there are no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. 8. Governing Law & Jurisdiction: This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida. All of the parties to this Agreement have participated freely in the -Page 3 - 247 F:\U7ILITIFS\00 UTILITY - AGENDA TEMPLATE & GUIDELINES\2023 AGENDA ITEMS\032823\GRIFFON DEVELOPERS AGREEMENT\21-0409 DEV AGREEMENT GRIFFON REV 022223.DOCX negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. 9. Insurance and Indemnification: The DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any work by Developer, the selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general liability insurance with a reputable insurance company subject to approval by the COUNTY's risk manager in an amount not less than $3,000,000 combined single limit for bodily injury and property damage in accordance with the COUNTY'S Administrative Policy Manual. The DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable insurance company subject to the reasonable approval by the COUNTY'S risk manager in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage in accordance with the COUNTY'S Administrative Policy Manual. The commercial general liability and auto liability insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an additional insured. In addition, the DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of statutory workers' compensation insurance and employers' liability with a limit of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee) in accordance with the COUNTY'S Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30) days' written notice by registered mail, return receipt requested, addressed to the COUNTY'S risk manager, prior to cancellation or modification of any required insurance. The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY'S officers, employees and agents, from and against any and all claims for damages, costs, third party claims, judgments, and expense to persons or property that may arise out of, or be occasioned by, any work performed by DEVELOPER pursuant to this agreement, or from any negligent act or omission of any representative, agent, client, and/or employee of DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including reasonable attorney fees. DEVELOPER shall indemnify the COUNTY against any claim for damage that any utility, whether publicly or privately owned, may sustain or receive in connection with any work performed by DEVELOPER pursuant to this agreement. It is the intention of this indemnification agreement on the part of DEVELOPER, and a condition of this agreement, that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against the COUNTY and arising from or related to any work performed by DEVELOPER pursuant to this agreement. DEVELOPER hereby agrees to defend any and all suits, claims, and causes of action brought against the COUNTY arising out of or in connection with any work performed by the DEVELOPER, and DEVELOPER agrees to pay any judgment or judgments, including attorney fees, that may be rendered against the COUNTY or against the COUNTY'S officers, employees or agents in connection therewith. 10. Multiple Counterparts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) Agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. -Page 4 - 248 F:\UTILITIES\00_UT11TY - AGENDA TEMPLATE & GUmELINES\2023 AGENDA ITEMS\032823\GRIFFON DEVELOPERS AGREEMENT121-0409 DEV AGREEMENT GRIFFON REV 022223.DOCX 11. Permits - The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the installation of the DEVELOPER's obligations listed in Section A. If, through no fault of the parties involved, any federal, state or local government or agency (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or requires a material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is impossible or impracticable to perform under the terms of this Agreement because of the above, then this Agreement shall terminate and the parties shall have no further obligations to each other. The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations and maintenance prior to County acceptance. 12. Severabilitv / Invalid Provision: If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. 11. Term - The term of this Agreement is one (1) year. Unless otherwise agreed to by the parties in writing, this Agreement shall not be renewed automatically for successive terms. The County may terminate this Agreement early in its sole discretion if it determines that the development project intended to be served by the improvements is suspended or discontinued. 14. Time of Essence: Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of Florida, then, in such event, the time of such period shall be extended to the next business day which is not a Saturday, Sunday or legal holiday. - -Page 5 - 249 F:\UTILITIFS\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2023 AGENDA ITEMS\032823\GRIFFON DEVELOPERS AGREEMENT\2l-0409 DEV AGREEMENT GRIFFON REV 022223.DOCX IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this Agreement as follows: DEVELOPER: Griffon Residences, LLC By: Griffon Partners, LLC, its Managing Member By: Crest Griffon, LLC, its Manager Witness Signature By: Printed name: David A. O'Brien, Manager Witness Printed Name Date: Witness Signature Witness Printed Name STATE OF ALABAMA COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 2023, by David A. O'Brien, as Manager of Crest Griffon, LLC., as Manager of Griffon Partners, LLC, the Managing Member of Griffon Residences, LLC, who is personally known to me or who has produced as identification. Name Comrr Expira Ago Notary Public -Page 6 - 250 FAUTILITIES\00_UrTLITY - AGENDA TEMPLATE & GUIDELINES\2023 AGENDA ITEMS\0328231GRIFFON DEVELOPERS AGREEMENT,21-0409 DEV AGREEMENT GRIFFON REV 022223.DOCX P IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this Agreement as follows: Attest: Jeffery R. Smith, Clerk of the Circuit Court By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph H. Earman, Chairman BCC Approved: Approved by: Michael Zito, Interim County Administrator l -Page 7 - 251 P:\UTILITTES\00_UTILITY - AGENDA TEMPLATE & GUIDELD4ES\2023 AGENDA ITEMS\032823\GRIPPON DEVELOPERS AGREM EMMI-0409 DEV AGREEMENT GRIFFON REV 022223.DOCX Exhibit "B" (561) 640-3503 - Phone Hinterland Group, Inc. 2051 W Blue Heron Blvd Riviera Beach, FL 33404 ALL PO's/Contractual Issuances are to be emailed to: infoC&,hinterlandgroup.comProposal # 19 0099 ADDRESS Indian River County Harrison Youngblood hvoun ebl ood(w i rc eov. com JOB NAME: LS #5 Rehab/The Griffon 1 WfAiVMY-11,111 RATE AMOUNT Line Item #3 - Mobilization/Demobilization 1 LS $1,701.90 $1,701.90 Line Item #6 - Video Recording, Pre Construction 1 LS $680.76 $680.76 Line Item #8 - Trench Safety and Confined Space 1 LS $113.46 $113.46 Line Item #19 - Construction Warning Fence 30 DAY $56.73 $1,701.90 Line Item #33 - 6" By -Pass Pumping Initial Setup 1 EA $340.38 $340.38 Line Item #34 - 6" Bypass Pumping Operation 28 DAY $794.22 $22,238.16 Line Item #42 - Force Main Installation 40 LF $73.75 $2,950.00 Line Item #51 - 6" Mega -Lug Joint Restraint 7 EA $136.15 $953.05 Line Item #99 - Duplex Remote Terminal Unit (Install Only) 1 EA $6,807.60 $6,807.60 Line Item #104 - Duplex Motor Control Panel (Install Only) 0.5 EA $70,345.00 $35,172.50 Line Item #112 - 6" Plug Valve 3 EA $1,588.44 $4,765.32 Line Item #128 - 6" HDPE Vertical Discharge Pipe 2 EA $4,311.48 $8,622.96 Line Item #129 - 6" HDPE Discharge Piping (in Excess of 15 LF) 26 LF $226.92 $5,899.92 Line Item #130 - Horiz. Support Bracket for 6" Discharge Piping 1 EA $907.68 $907.68 Line Item #141 - 6" HDPE Discharge Fittings and Adapters 6 EA $567.30 $3,403.80 Line Item #146 - 6" Pump Discharge Base (Install Only) 1 EA $3,630.72 $3,630.72 Line Item #152 - 3" Pump Guide Rails (Install Only) 40 LF $85.10 $3,404.00 Line Item #154 - 3" Guide Rail Upper Support Bracket (Install Only) 1 EA $510.57 $510.57 Line Item #160 - 3/4" ST STL Lifting Chain (Install Only) 20 LF $73.75 $1,475.00 Line Item #162 - 6 Hook - Stainless Cable Hanger (install Only) 0.5 EA $680.76 $340.38 Line Item #165 - 8' Diam Wet Well Hydroblast 700 SF $5.67 $3,969.00 Line Item #168 - Valve Vault Hydroblast 146 SF $5.67 $827.82 Line Item #171 - 8' Diam Wet Well Coal Slag Blast 700 SF $5.67 $3,969.00 Line Item #174 - Valve Vault Coal Slag Blast 146 SF $5.67 $827.82 Line Item #178 - 8' Diameter Wet Well Calcium Aluminate Coating 700 SF $22.69 $15,883.00 Line Item #181 - Valve Vault, Calcium Aluminate Coating 146 SF $22.69 $3,312.74 Line Item #193 - Cast In Place Concrete 150 CF $56.73 $8,509.50 Line Item #193 - Form Work for Cast In Place Concrete 85 SF $56.73 $4,822.05 Line Item #194 - Reinforcing Steel for Cast In Place Concrete 150 LB $11.35 $1,702.50 Line Item #204 - 4" PVC J -Vent w/ Riser & St Stl Bug Screen 1 EA $567.30 $567.30 Line Item #219 - Vacuum Truck 16 HR $255.29 $4,084.64 252 Line Item #235 - Three Man Pipe Excavation and Repair Crew (Generator And Top Slab Demo, Generator Replacement) Line Item #246 - 6" Tapping Sleeve and Valve Line Item #255 - 8" or 10" Dia Core Bore of Reinf Conc Structure Line Item #274 - Remove and Dispose Existing Pipes 4.5" to 6" Diam Line Item #A1-6 - 6" Check Valve Line Item #A1-10 - 6" DIP Fittings Line Item #A1-17 - Install Meter Can & Disconnect Install GC Furnished ATS Pricing Based on Annual Contract ITB#2019047 Annual Bid for Lift Station Rehabilitation 32 HR $363.07 $11,618.24 1 EA $4,765.32 $4,765.32 6 EA $907.68 $5,446.08 80 LF $10.00 $800.00 2 EA $3,630.72 $7,261.44 4 EA $794.22 $3,176.88 1 EA $6,400.00 $6,400.00 1 EA $8,600.00 $8,600.00 Notes: 1. Scope does not include the following: - Fencing removal or replacement Driveway removal or replacement Any Site Restoration Surveying and As -Built Drawings Parts Listed as Install Only Generator Natural Gas connection Gravity sewer work of any kind ALL PO's/Contractual Issuances are to be emailed to: info(cDhinterlandgroup com Accepted By: Accepted Date: 253 gX Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: March 17, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Robert J. Tobar, EI, Utility Design Engineer Subject: West Wabasso Phase 3 Septic to Sewer (S2S) Approval of FDEP Cost -Share Funding Agreement Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) submitted a Florida Department of Environmental Protection (FDEP) Water Protection grant application for the West Wabasso Phase 3 Septic to Sewer (S2S) project and was awarded $1,568,492.00 towards the estimated total project cost of $3,528,145.35. Funding will be made available through a cost reimbursement grant, which will require execution of a grant agreement with the FDEP. The FDEP grant has a 50% match requirement. IRCDUS has the funding available through other grant sources for the matching requirement. Analysis: In order to secure the funding, the following items were submitted to FDEP: • Agreement Contact Information form • Grant Work Plan • Certificate of Insurance Coverage • Federal Funding Accountability and Transparency Act Form • Department Certification On March 9, 2023, FDEP forwarded the final agreement, WG001, which expires on December 31, 2026, if executed. Funding: The estimated total project cost is $3,528,145.35, which will come from several funding sources. The table below depicts all funding sources including the $1,568,492.00 from FDEP. The FDEP grant funds will be 254 Consent Item recorded under the Impact Fee/Intergovt/DEP Grants/State DEP Physical Envr Grants account, number 472- 334303-21512. American Rescue Plan (ARP) grant funds and Optional Sales tax are proposed to cover design and the remainder of construction costs not covered by the Saint Johns River Water Management District (SJRWMD) and FDEP grant funds. Account Name Account Number Amount Impact Fee/Intergovt/DEP Grants/State DEP Physical Envr Grants 472-334303-21512 $ 1,568,492.00 Impact Fee/Intergovt/0th Phys E/SJRWMD Water Quality Grant 472-337300-21512 $ 1,250,000.00 ARP Fund/ARP/Constr Prg/West Wabasso Sewer Phase 3 13821936-066510-21512 $ 285,042.75 Optional/WW Coll/ Constr Prg /West Wabasso Sewer Phase 3 31526836-066510-21512 $ 424,610.60 Total Funding $ 3,528,145.35 Recommendation: Staff recommends the Board of County Commissioners authorize the Director of Utility Services to sign the Florida Department of Environmental Protection Grant Agreement WG023 and all necessary documents in order to effectuate the grant agreement. Attachments: FDEP Grant Agreement IRC Grant Form 255 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: West Wabasso Phase 3 Septic to Sewer Conversion WG001 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Entity Type: Local Government Grantee Address: 1801 27th Street Vero Beach, Florida 32960 FEID: 59-6000674 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution December 31, 2026 4. Project Number: Project Location(s): (If dijjerentfromAgreement Number) LattLong: (27.7477, -80.4504) p Project Description: The grantee will construct a new gravity sewer collection system for Phase 3 of the West Wabasso project. The Project will allow for 63 potential conversions from septic to sewer. 5. Total Amount of Funding: $1,568,492.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ® State ❑Federal WWG, GAA LI 1615A, FY 21-22,WPSPTF $1,568,492.00 ❑ State ❑Federal 66 Grantee Match $1,568,492.00 Total Amount of Funding + Grantee Match, if any: $3,136,984.00 6. Department's Grant Manager Grantee's Grant Manager Name: Jack Deming or successor Address: 3900 Commonwealth Blvd. Tallahassee, FL 32399-3000 Name: Robert Tobar or successor Address: 180127th Street Vero Beach, FL 32960 Phone: (850) 245-2944 Phone: (772) 226-1801 Email: jack.l.deming@floridadep.gov Email: rtobar@ircgov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incomorated by reference: ® Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements ® Attachment 2: Special Terms and Conditions Z Attachment 3: Grant Work Plan V Attachment 4: Public Records Requirements Z Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at httos://facts.fldfs.com. in accordance with §215.985, F.S. m Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): ® Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form W Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo Z Additional Exhibits (if necessary): Exhibit G: Declaration of Restrictive Covenant DEP Agreement No. WG001 2 W. 6/20/18 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers F Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Indian River County Grantee Name By (Authorized Signature) Sean Lieske, Director of Utility Services Print Name and Title of Person Signing GRANTEE Date Signed State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Angela Knecht, Director, Division of Water Restoration Assistance Print Name and Title of Person Signing ® Additional signatures attached on separate page. DEP Agreement No. WG001 2 ' 6/20/18 DWRA Additional Signatures Jack Deming, DEP Grant Manager Mitch Holmes, DEP QC Reviewer 258 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. 4. Deliverables. Attachment 1 1 of 12 Rev. 6/4/2021 259 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. WithholdingPavment. 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. 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 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 Attachment 1 2of12 Rev. 6/4/2021 260 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, shall 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 Agreement 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: hMs://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. f. 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.myfloridacfo.com/Division/AANendors/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: 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. Attachment 1 3of12 Rev. 6/4/2021 26 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 Equipment. 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 Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting Attachment 1 4of12 Rev. 6/4/2021 262 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. 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 Attachment 1 5of12 Rev. 6/4/2021 263 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 u on 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 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. Attachment 1 6of12 Rev. 6/4/2021 264 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. 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 Attachment 1 7of12 Rev. 6/4/2021 265 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 Enti , 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. 23. Compliance with Federal, State and Local Laws. Attachment 1 8of12 Rev. 6/4/2021 266 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. 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. 25. 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 term 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. 26. Record Keeping. 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: http://dos.myflorida. com/librM-archives/records-manaeement/2eneral-records-schedules. 27. 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; Attachment 1 9of12 Rev. 6/4/2021 267 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 §200.330 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 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. 28. 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. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. 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. Attachment 1 10 of 12 Rev. 6/4/2021 268 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. f. 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. 31. 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. 32. 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. 33. 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. 34. Severability. 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. 35. 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. 36. 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. 37. 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 Attachment 1 11 of 12 Rev. 6/4/2021 269 reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 38. 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. 270 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. WG001 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 West Wabasso Phase 3 Septic to Sewer Conversion. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2021 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 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. The Grantee is authorized to purchase the land described in Attachment 3, Grant Work Plan. All land acquired under this Agreement shall be used in perpetuity for the purposes described herein. The following language shall be included on the deed to the property purchased under this Agreement: "By acceptance of this deed, Grantee hereby agrees that the use of the property described herein (the "Property") shall be subject to the terms and conditions of the Grant Award Agreement (DEP Agreement No. WG001), summarized in the Memorandum of Grant, which is attached hereto as Exhibit G and by reference made a part hereof (hereinafter referred to as the "Restrictive Covenants"). These Restrictive Covenants shall run with the title to the Property in perpetuity and be binding upon Grantee and all successive owners (and all parties claiming by, through and under the owners) of the Property. The Florida Department of Environmental Protection ("DEP") Attachment 2 1 of 3 Rev. 10/11/2022 271 shall be deemed a third -party beneficiary of these Restrictive Covenants in a court of competent jurisdiction. DEP shall have the authority to enforce these Restrictive Covenants in any judicial proceeding seeking any remedy recognizable at law or in equity, including an action or lawsuit seeking damages, injunction, specific performance, or any other form of relief, against any person, firm or entity violating or attempting to violate any of these Restrictive Covenants. The failure by DEP to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of such covenant or restriction or of the right of DEP to thereafter enforce such covenant or restriction. The invalidation of any one of the provisions of these Restrictive Covenants by a court of competent jurisdiction shall in no way affect any of the other provisions of these Restrictive Covenants, which shall remain in full force and effect. Venue for enforcement actions regarding these Restrictive Covenants shall be in the Circuit Court of Leon County, Florida. Grantee agrees to incorporate these Restrictive Covenants in any subsequent deed or other written legal instrument by which Grantee transfers or conveys fee simple title or any other lesser estate in the Property or any part thereof to a third party either verbatim or by making an express reference to these Restrictive Covenants and specifically identifying the official records book and page at which this deed is recorded in the public records of Indian River County, Florida. Grantee further agrees to give written notice to DEP of the conveyance or transfer of any interest in the Property at least 20 calendar days prior to the date of such conveyance or transfer." "Requests for release of the Restrictive Covenants from the Property shall be directed to the Florida Department of Environmental Protection, Office of General Counsel, Attention: Contracts Attorney, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. The request should include the DEP Agreement No. WG001, the total funding amount paid by the State of Florida, the date of acquisition, and the Department's Grant Manager's name." If for any reason the above -referenced federal and state deed language is not incorporated into the deed by which the Grantee acquired the Property, the Grantee shall execute and record a separate Declaration of Restrictive Covenant that incorporates the Memorandum of Grant as an Exhibit, and that shall run with the title to the Property. The Grantee shall provide a copy of the recorded Declaration of Restrictive Covenant to the Department as evidence of compliance with this provision. Any applicable recording fees are the sole responsibility of the Grantee. 7. Match Requirements The Agreement requires at least a 50% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $1,568,492.00 through cash or third party in-kind towards the work 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. 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. If, upon completion of this Project, actual Project costs are less than the total estimated Project costs, and there are no pending payment requests, the Grantee's required match may be reduced proportionately, as long as at least a 50% match of the actual total cost of the Project is provided by the Grantee and the reduced amount satisfies statutory and program requirements. 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 Attachment 2 2of3 Rev. 10/11/2022 272 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 c. 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 10% 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 or 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 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. None Attachment 2 3 of 3 Rev. 10/11/2022 273 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: West Wabasso Phase 3 Septic to Sewer Conversion PROJECT LOCATION: The project is located in Vero Beach, FL. The project consists of two sites that together comprise Phase 3. Phase 3B is located south of 85th Street (CR -510), between 58th Avenue (Kings Highway) to the east and Lateral G canal to the west. The interior streets of the Phase 3B site are 59th Avenue and 58th Court. Phase 3A consists of 61st Drive from CR -510 to the north end of the road. Lat/Long for Phase 3B (27.748611, -80.446339), Lat/Long for Phase 3A is (27.750417, - 80.453147). See Figure 1 for a location map and site plan. PROJECT BACKGROUND: West Wabasso Phase 3 is a community of approximately 61 lots consisting of substandard septic systems and is a financially -challenged area within Indian River County (Grantee). The septic to sewer conversion will route the wastewater from this community to a county system for collection and treatment at a regional wastewater facility that is operated by Indian River County Department of Utility Services. The conversion will reduce the nutrient loading, improve water quality, and promote seagrass growth in the Indian River Lagoon. This community has been identified as having increased health risks and potential groundwater contamination from aging on-site treatment disposal systems. This project will benefit the health and well-being of residents and the Indian River Lagoon. PROJECT DESCRIPTION: The project is a continuation from Phase I (completed in 2013) and Phase II (completed in 2019). The Grantee will construct the West Wabasso Phase 3 conversion with the installation of approximately 15 manholes, 2 lift stations, 1425 linear feet of sanitary force main pipe, and 2654 linear feet of gravity sewer. Approximately 63 stub -outs will be installed to provide connections to current and future homes. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Design and Permitting Deliverables: The Grantee will complete the design of West Wabasso Phase 3 Septic to Sewer Conversion and obtain all necessary permits for construction of the project. Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 2) a summary of design activities to date, indicating the percentage of design completion for the time period covered in the payment request. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task and a list of all required permits identifying issue dates and issuing authorities. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. DEP Agreement No. WG001, Attachment 3, Page 1 of 2 274 Task 2: Land Acquisition Deliverables: The Grantee will acquire fee simple interest on properties at 8685 611t Drive, Vero Beach, FL 32967. Costs related to pre-acquisition and acquisition will be reimbursable. The property interests will be held by the Grantee. Documentation: The Grantee will submit: 1) copies of all appraisals; 2) the closing statement or all closing documents; 3) title exam/insurance; 4) property survey; 5) boundary map; and 6) the deed, recorded easement, or property interest. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement at the conclusion of the task. Task 3: Construction Deliverables: The Grantee will construct West Wabasso Phase 3B Septic to Sewer Conversion in accordance with the construction contract documents. Documentation: The Grantee will submit 1) a copy of the final design; 2) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 3) a signed Engineer's Certification of Payment Request. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task Task Title Budget Grant Match Task Start Task End No. Category Amount Amount Date Date 1 Design and Permitting Contractual $57,125.00 $57,125.00 7/01/2021 10/18/2023 (Phase 3A and 3B) Services 2 Land Acquisition Land $ 11,109.31 $ 11,109.31 7/01/2021 10/20/2023 (Phase 3A) Acquisition 3 Construction (Phase Contractual $1,500,257.69 $1,500,257.69 7/01/2021 06/30/2024 3A and 3B) Services Total: $1,568,492.00 $1,568,492.00 DEP Agreement No. WG001, Attachment 3, Page 2 of 2 275 EXHIBIT A: WEST WABASSO PHASE 3A AND 3B SEPTIC TO SEWER PROJECT Date: 01/17/2023 Scale: 1" = 4,500' Legend Phase 313 _ Phase 3A M 5376 E 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 119.07(1), 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. servicesAfloridadep.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 1ofl Rev. 4/27/2018 277 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 CFR 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 CFR 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 CFR §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 CFR Part 200, Subpart F. EYMBIT 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 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 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 CFR 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 CFR 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. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.mv Attachment 5 1 of 6 BGS -DEP 55-215 revised 12/las PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 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 11, 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. 3. 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 hUs:H4pps.Rdfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hU://www.leg.state.fl.us(Welcome/index.cfinl State of Florida's website at hU://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck 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 215.97(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 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §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 12/1W9 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 hU://harvester.census.2ov/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: FDEPSin leAudit a)dW.state.fl.us 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.gov/) 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: FDEPSingleAudit ,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 CFR 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 12/1M Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 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 4 of 6 BGS -DEP 55-215 revised 12/1M ►2 w O O yN, O N y O 04 ��yy _ w sUty� o U ° U Q� � O VJ N N ^ a O N d ^ 'U .y bg Y o y F. w ° rS, h N U VJ d y .V. y H F -H a Q a A o y U U .a O U a LZ Iii U d fes. U O Q U p Q U q Gzw v] W W kr v] W W a' mod wa b �c� wa 'u �i y � U � U N � Q Q b � w w d d i 0 0 d '°wa wa w ►2 w 282 N ��yy _ w sUty� o ° VJ N N ^ N d ^ 'U .y Y o y F. ° h N U VJ d y .V. y Iii U fes. U U p U q Gzw v] W W kr v] W W mod wa �c� wa 282 3 0 CS 0 0 a. a Qa Q� U h aU �U fo.. kn O bc be u � ami u Q 'y t, a 0 C 09 ou3 4 Y at Qi O Ubg U ,^70 lF F'H W 'o A A O w 0 y .p O U a 8 44 Uo 0 � M w � 0 Uz z �i H y r"' N N N � � N � U of O U vvi D A4 a b Q d a O u � d d ¢ A o ¢ w w � d � W I h O Vi y a��dQa A as u ea ��aa PC u Awa: u o u o wa 3 0 CS 283 ai 0 0 ab rn CA Qa Q� U kn O bc be u � v � Q 'y C WD ou3 4 Y at Qi O Ubg U y 'o O .Q O a 44 Uo 0 � M w � 0 Uz z H r"' N N N � � N � of O vvi D A4 b Q O ¢ A o ¢ d � W I O Vi y a��dQa A as u ea ��aa 283 ai ATTACHMENT 8 Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Agreements The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term "Recipient" shall mean "Grantee." Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients/contractors, and to comply with the provisions of the award, the SURF implementing regulation, including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub - awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub -awards, however for all such subcontracts and sub -awards, the Grantee shall assume the role of the Non -Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative. Contractual, and Legal Remedies The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions of this Contract, including any Federal or State statutes, rules, or regulations, applicable to this Contract, the Non - Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available. The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunity Clause The following provision applies if the agreement meets the definition of "federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient agrees as follows: A. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's Attachment 8 1 of 6 Rev. 4/14/2022 284 essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to famish information. D. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. F. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the Non- Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Non -Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 6. Clean air Act (42 U.S. C. 7401-7671a.). the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387). and EPA Regulations If the Agreement is in excess of $100,000, the Recipient shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and by the EPA (40 CFR Part 15). Violations must be reported to the Attachment 8 2 of 6 Pe. a/ianozz 285 Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). i. The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution Act in each subcontract exceeding $100,000 financed in whole or in part with SLFRF funds. 7. Debarment and Suspension (Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the govemmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 8. Byrd Anti -Lobbying Amendment (31 U.S.C. 13 52) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with Non -Federal funds that takes place in connection with obtaining any Federal award, using form SF -LLL, available at: hUs://a,Qp1v07.grants•gov/apply/forms/sample/SFLLL 1 2 P-V1.2.pdf. i. Grantees who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier, up to the recipient. 9. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. 10. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as partof any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act 2019). Also, see 2 CFR 200.216 and 200.471. 11. Domestic Preferences for Procurement The Recipients and subrecipients must, to the greatest extent practical, give preference to the purchase, acquisition, or use of goods, products, or materials produced in the United States in accordance with 2 CFR 200.322. ADMINISTRATIVE 1. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200, 48 CFR 31, and 40 U.S.C. 1101 et seq. 2. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to Federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212. 3. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) Recipients, their employees, subrecipients under this award, and subrecipients' employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; B. Procure a commercial sex act during the period of time that the award is in effect; or C. Use forced labor in the performance of the award or subawards under the award. 4. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14, 2016 has been permanently extended (Public Law (P.L.) 114-261). A. This award, related subawards, and related contracts over the simplified acquisition threshold and all Attachment 8 3 of 6 Rev. 4/14/2022 employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. C. The Recipient shall insert this clause, including this paragraph C, in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause, including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 5. Notification of Termination (2 CFR & 200.340) In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award, the termination shall be reported to the Office of Management and Budget (OMB) -designated integrity and performance system, accessible through System for Award Management (SAM) currently the Federal Awardee Performance and Integrity Information System (FAPIIS). The Non -Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 6. Additional Lobbying Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving Federal funds through an award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR §200.450 and 2 CFR §200.454(e), the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. 7. Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Grantee is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles. 8. Reducing Text Messaging While Driving Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Grantee is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers. 9. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 Where applicable, 42 U.S.C. §§ 4601-4655 and implementing regulations apply to this Agreement. COMPLIANCE WITH ASSURANCES 1. Assurances Recipients shall comply with all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS 1. FFATA Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after Octoberl, 2015, are subject to the FFATA the Federal Funding Accountability and Transparency Act ("FFATA") of 2006. The FFATA legislation requires that information on Federal awards (Federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USAS12ending_gov. The Grantee agrees to provide the information necessary, within one (1) month of execution, for the Department to comply with this requirement. Attachment 8 4 of 6 Rev. ananozz 287 DEPARTMENT OF TREASURY -SPECIFIC 1. Civil Rights Compliance Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate on the basis of race, color, national origin, (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following: Title VI of Civil Rights Acts of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department of Treasury implementing regulations at 31 CFR part 23. The Department of Treasury will request information on recipients' compliance with Title VI of the Civil Rights Act of 1964, as applicable, on an annual basis. This information may include a narrative descripting the recipient's compliance with Title VI, along with other questions and assurances. SLFRF-SPECIFIC 1. Period of Performance All funds from SLFRF must be obligated by December 31, 2024 and expended by December 31, 2026. 2. Equipment and Real Property Mana eg ment Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the Non -Federal entity. Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations. SLFRF INFRASTRUCTURE PROJECTS For all infrastructure projects, the Grantee shall provide the following project information on a quarterly basis to the Department: i. Projected/actual construction start date (month/year) ii. Projected/actual initiation of operation date (month/year) iii. Location details SLFRF INFRASTRUCTURE PROJECTS OVER $10 MILLION For infrastructure projects over $10 million, the following provisions apply: 1. Wage Certification Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance of such project are paid wages at the rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with the Davis -Bacon Act, for the corresponding classes of laborers and mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in which the work is to be performed. If the Grantee does not provide such certification, the Grantee must provide a project employment and local impact report detailing: i. The number of employees of contractors and sub -contractors working on the project; ii. The number of employees on the project hired directly and hired through a third party; iii. The wages and benefits of workers on the project by classification; and iv. Whether those wages are at rates less than those prevailing. Grantee must maintain sufficient records to substantiate this information upon request. 2. Project Labor Agreements Grantees may provide a certification that the project includes a project labor agreement, meaning a pre -hire collective bargaining agreement consistent with the section 8(f) of the National Labor Relations Act (29 U.S.C. 158(0). If the Grantee does not provide such certification, the Grantee must provide a project workforce continuity plan, detailing: i. How the Grantee will ensure the project has ready access to a sufficient supply of Attachment 8 5 of 6 Rev. 4/14/2022 appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project; ii. How the Grantee will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; iii. How the Grantee will provide a safe and healthy workplace that avoids delays and costs associatedwith workplace illnesses, injuries, and fatalities; iv. Whether workers on the project will receive wages and benefits that will secure and appropriately skilled workforce in the context of the local or regional labor market; and V. Whether the project has completed a labor agreement. 3. Other Reporting Requirements Grantees must report whether the project prioritizes local hires and whether the project has Community Benefit Agreement, with a description of any such agreement, if applicable. SLFRF WATER & SEWER PROJECTS For water and sewer projects, Grantees shall provide the following information to the Department once the project starts: i. National Pollutant Discharge Elimination System (NPDES) Permit Number ii. Public Water System (PWS) ID number iii. Median Household Income of service area iv. Lowest Quintile Income of the service area Attachment 8 6 of 6 Rev. 4/14/2022 n Z STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form DEP Agreement No.: WG001 Project Title: West Wabasso Phase 3 Septic to Sewer Conversion Grantee Name: Indian River County Grantee's Grant Manager: Robert Tobar Reporting Period: I Select reporting eriod. Select year. Provide the following information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period. Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered. Add or remove task sections and use as many pages as necessary to cover all tasks. Use the format provided below. Task 1: Design and Permitting (Phase 3A and 3B) • Progress for this reporting period: Add Text • Identify delays or problems encountered: Add Text Task 2: Land Acquisition (Phase 3A) • Progress for this reporting period: Add Text • Identify delays or problems encountered: Add Text Task 3: Construction (Phase 3A and 3B) • Progress for this reporting period: Add Text • Identify delays or problems encountered: Add Text Indicate the completion status for the following tasks (if included in the Grant Work Planl: Design (Plans/Submittal): 30%0,60%0,90%0,100%0 Permitting (Completed): Yes ❑, No ❑ Construction (Estimated): % This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager (Original Ink) Date Exhibit A, Page 1 of 1 Rev. 10/28/20 290 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: htWs:Hfloridadep.gov/wra/wra/documents/payment-request-summary-form Please use the most current form found on the website, linked above, for each payment request. 291 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DECLARATION OF RESTRICTIVE COVENANT AGREEMENT NO. WG001 EXHIBIT G This Grant Agreement was executed on , by and between the Florida Department of Environmental Protection and Indian River County (Grantee), for in pertinent part, land acquisition in Indian River County, Florida, for the purpose of building a lift station to accommodate the septic to sewer conversion project. A copy of the Grant Agreement can be viewed at: hgps://facts.fldfs.com/ under "Agency Assigned Contract ID" search tab, or a copy may be obtained by contacting the Clerk of the Department in the Office of General Counsel at 3900 Commonwealth Blvd., Mail Station 35, Tallahassee Florida 32399. The Grant Agreement and the required Conservation Easement/Restrictive Covenant implement a septic to sewer conversion project, which will reduce the nutrient loading, improve water quality, and promote seagrass growth in the Indian River Lagoon. This community has been identified as having increased health risks and potential groundwater contamination from aging on-site treatment disposal systems. This project will benefit the health and well-being of residents and the Indian River Lagoon under Chapter 403 of the Florida Statutes and constitute an exception to marketability under Section 712.03 of the Florida Statutes. This property was acquired with funds provided by the Department of Environmental Protection and will be managed in accordance with the applicable federal and State laws. This property may not be disposed of in any manner without the prior written approval of the Florida Department of Environmental Protection. This property (27.751864, -80.452930) must be used for the West Wabasso Phase 3 Septic to Sewer Conversion Project. Its primary purpose is to function as a lift station for the completed septic to sewer project. The property may not be used for any purposes other than the primary purpose described above, without the prior written approval of the Florida Department of Environmental Protection. If any provision, in whole or in part, of this deed restriction should be found to be invalid or unenforceable, it shall not affect the validity of any other provisions within this section which shall continue to bind the parties. These deed restrictions on disposal of the property and the use of the property are perpetual. 292 GRANT NAME: West Wabasso Phase 3 Septic to Sewer (S2S) GRANT # WG001 AMOUNT OF GRANT: $1,568,492.00 DEPARTMENT RECEIVING GRANT: Department of Utility Services CONTACT PERSON: Robert Tobar TELEPHONE: 772-226-1801 1. How long is the grant for? At the time of execution date until December 31, 2026 Starting Date: TBD 2. Does the grant require you to fund this function after the grant is over? Yes __X__No y 3. Does the grant require a match? x Yes No If yes, does the grant allow the match to be In -Kind services? X Yes No 4. Percentage of match to grant 50.00 % 5. Grant match amount required $ 1 AAA d9') no 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Other received grant funds and optional sales tax. Any remaining funds needed for match those will come from ARE 7. Does the grant cover capital costs or start-up costs? Yes X If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes ___2L_No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs $ 1,568,492.00 $ 1,568,492.00 Total First Year $ 1,568,492.00 $ 0 $ 1,568,492.00 $ 3,136,984.00 Second Year $ 10. What is the estimated cost of the grant to the county over five years? 1t],568,49100 Signature of Preparer: Date: 293 Grant Amount Other Match Costs Not Covered Match Total First Year $ 1,568,492.00 $ 0 $ 1,568,492.00 $ 3,136,984.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 293 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: March 17, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Amendment 2 to the Lost Tree Preserve, LLC, Developers Agreement Background: On August 15, 2017 the Indian River County Board of County Commissioners (BCC) approved the Developers Agreement between the county and developer of the Lost Tree Preserve Development. The first amendment to the developer's agreement was accepted on March 3, 2020, which added paragraph 1.D to the agreement stating that the County and Developer acknowledge that additions to the agreement will be necessary when future phases are contemplated. A portion of this agreement was a cost share for the upsizing of the water main to be installed from the east entrance of Lost Tree Preserve at 69th Street to the extent of the west property line along the north side of 69th Street. The developer's agreement that was approved back in 2017 also had a provision for the cost sharing in a force main installation along the same route as the water main, with the force main being installed along the south side of 69th Street. This work was slated to take place prior to the development finishing its last phase of construction. Analysis: Prior to Lost Tree Preserve starting construction on its last phases, a project was brought before the Board of County Commissioners (BCC) by Public Works (PW) to perform roadway improvements on 69th Street, from 66th Avenue to US -1. Encompassed in the roadway improvements project was installing a 12" water main along 69th Street from 58th Avenue to the Lost Tree Preserve entrance where the water was previously constructed during the first phase of the development. The county and developer would like to amend the developer's agreement to state that instead of the county reimbursing the developer for work the developer performed, the developer would be reimbursing the county for their fair share of the work, which is 67%, that the county is now performing as part of the road restoration project. The amount that the developer will be reimbursing the county will be $146,815.76. This amendment will also delete the force main portion from the original developer's agreement as it has no serviceability for the development or other residents located along 69th Street due to the Right of Way (ROW) constraints as you travel further west along 69th Street. Funding: There will be no cost to the county for the agreement. However, the county will be reimbursed $146,815.76 from the developer. The revenue will be recorded in the Impact Fee/Svc Chgs/Miscellaneous Income account, number 472034-343670. PagAf 4 Recommendation: Staff recommends that the Board of County Commissioners approve the amendment #2 to the Developers Agreement with Lost Tree Preserve, LLC., and authorize the Chairman to execute the amendment to the agreement on their behalf. Attachment: 1. Amendment #2 to the Lost Tree Preserve, LLC., Developers Agreement. Page 2 of 2 295 Description 11 Account Number Amount Revenue Utilities/Reimbursements/Miscellaneous account 1 472034-343670 $146,815.76 Recommendation: Staff recommends that the Board of County Commissioners approve the amendment #2 to the Developers Agreement with Lost Tree Preserve, LLC., and authorize the Chairman to execute the amendment to the agreement on their behalf. Attachment: 1. Amendment #2 to the Lost Tree Preserve, LLC., Developers Agreement. Page 2 of 2 295 SECOND AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND LOST TREE PRESERVE, LLC FOR LOST TREE PRESERVE, PD FOR THE CONSTRUCTION OF OFF-SITE UTILITIES This SECOND AMENDMENT (hereinafter "Second Amendment") to Agreement Between Indian River County, Florida and Lost Tree Preserve, LLC for Lost Tree Preserve, PD for the Construction of Off -Site Utilities ("Agreement") is made and entered into as of the day of 2023, by and between Indian River County ("County") and Lost Tree Preserve, LLC ("Developer"). RECITALS WHEREAS, the County and Developer entered into the Agreement on August 15, 2017; and WHEREAS, the County entered into the First Amendment to Agreement Between Indian River County, Florida and Lost Tree Preserve, LLC for Lost Tree Preserve, PD for the Construction of Off -Site Utilities ("First Amendment") on March 3, 2020; and WHEREAS, the County is in the process of resurfacing 69th Street along the Lost Tree Preserve project and will have its contractor install the utility lines as part of the resurfacing of 69th Street: and WHEREAS, since the County will construct the 6" force main and the 12" off-site water main on 69th Street, the completion of construction of such lines will no longer be a condition precedent to the issuance of the Developer's Certificate of Completion; and WHEREAS, the County and Developer wish to extend the term set forth in the Agreement and modify certain Developer responsibilities under the Agreement and First Amendment, NOW THEREFORE, in consideration of the mutual covenants contained herein and other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. Recitals. The County and Developer agree that the above recitals are true and correct by this reference incorporated herein and made part thereof. Section 2. Amendment of Parairaph 1.D of the Agreement. Paragraph I.D. of the Agreement shall be revised to read as follows: D. The County and the Developer agree that the County will construct the 12" off-site water main described in the First Amendment, with the Developer paying its fair share to the County in the amount of $146,815.76 by April 30, 2024, or earlier Page 1 of 3 F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2023 Agenda Items\032823\Amend No 2 to Lost Tre296 Preserve Developers Agreement\Amend No.2 to Lost Tree Preserve Agreement for Construction of Off -Site Utilities.docx upon the issuance of a Certificate of Completion for Phases 4/5 of Lost Tree Preserve. Section 3. The remaining terms and conditions of the Agreement and First Amendment shall remain in full force and effect. Section 4. Effective Date. This Second Amendment shall be effective as of the date that it is fully executed by both parties. IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this Second Amendment to Agreement as evidenced by their signatures below: Witness Signature Witness Printed Name Witness Signature Witness Printed Name STATE OF FLORIDA COUNTY OF DEVELOPER: Lost Tree Preserve, LLC By: Lost Tree Village Corporation It's Manager Lo Charles M. Bayer, Jr., President Date: The foregoing instrument was acknowledged before me by means of [j physical presence or [j online notarization this day of , 2023, by Charles M. Bayer, Jr., President of Lost Tree Village Corporation, the Manager of Lost Tree Preserve, L.L.C., who is personally known to me or who has produced as identification. Printed Name:_ Commission # Expiration Date Page 2 of 3 Notary Public F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2023 Agenda Items\032823\Amend No 2 to Lost Tre297 Preserve Developers Agreement\Amend No.2 to Lost Tree Preserve Agreement for Construction of Off -Site Utilities.docx INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Lo Joseph H. Earman, Chairman Date Approved: Approved: Michael C. Zito Interim County Administrator ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold County Attorney Page 3 of 3 F:\Ufilifies\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2023 Agenda Items\032823\Amend No 2 to Lost Tre298 Preserve Developers Agreement\Amend No.2 to Lost Tree Preserve Agreement for Construction of Off -Site Utilities.docx Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: March 3, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Howard G. Richards, PE, Manager—Capital Projects Subject: Final Pay to CDM Smith for Work Order No. 5, Groundwater Modeling and Impact Evaluations Descriptions and Conditions: On December 3, 2019, the Indian River County (IRC) Board of County Commissioners (BCC) approved Work Order (WO) No. 5 to CDM Smith (CDM) to provide professional engineering services to update the groundwater modeling to support the Consumptive Use Permit (CUP) 10524 modification. The amount for WO No. 5 was $64,800. Subsequent to commencing the work, staff was notified by St. Johns River Water Management District (SJRWMD) that additional model simulations were needed. Amendment No. 1 was requested to provide these groundwater modeling simulations and was approved by the BCC on March 10, 2020, for the amount of $23,290. Based on results from the same modeling, it was determined that additional model simulations were required to fully determine water quantities that may be available for the IRC public water supply. Amendment No. 2 was requested to provide these groundwater modeling simulations and was approved by the BCC on June 8, 2021, for the amount of $42,180. WO No. 5, including Amendments 1 and 2, are provided in accordance with the Agreement for Professional Services Contract No. 2018008 dated April 17, 2018, extended and amended on May 18, 2021. The total amount approved by the BCC is $130,270. The project has since been brought to closure. Analysis: CDM has submitted Invoice No. 90168541 in the amount of $12,910.87 as final payment for services rendered related to WO No. 5 with amendments. The Indian River County Department of Utility Services (IRCDUS) recommends approval of the payment. Upon approval and payment, the total amount paid will be $117,126.87, or 89.91%, of the BCC approved total. 299 Funding: Funds in the amount of $12,910.87 are budgeted and available in Utilities/Gen & Eng /Other Professional Services account, number 47123536-033190, in the Utilities operating fund. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount Utilities/Gen & Eng/Other Professional Services 47123536-033190 $12,910.87 Recommendation: Staff recommends that the Board of County Commissioners approve the payment in the amount of $12,910.87, which represents final payment of Work Order No. 5, with amendments, to CDM Smith. Attachment: 1. Invoice No. 90168541 Page 2 of 2 300 Smith � s JAN 2023 Received 627 NW 53rd St, Sulle 265 Baca Raton FL 33457 TeC+1(56 t) 571.3800 INDIAN RIVER COUNTY, FL 1325 74th AVENUE S.W. VERO BEACH FL 32968 FINAL INVOICE Amount Due: $12,910.87 Please Remil To: CDM Smith Inc. PO Boz 100902 Atlanta GA 30384-0902 Account Number: Wire Routing: Invoice Number: Invoice Date: Project Number: 000200418081 011000138 90168541 01(05/2023 244429 SERVICES FROM • December 0 In accordance with the Continuing Contract Agreement for Professional Services, dated April 17, 2018 and CNNA2018 Work Order No. 5, dated December 3, 2019, between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: GROUNDWATER MODELLING AND IMPACT EVALUATIONS IN SUPPORT OF MODIFICATION OF WATER USE PERMIT NUMBER 10524 1111111 1111111111 11 •f � +`& ,. ',� ! ' !! � lk.. , I %: ;},� @=avow} ¢ - {,-i 20 :I— .r fir. - 1;� ` + �: Description Contract Amount Amount $130,270.00 Lumpsum Amount $130,270.00 Percent Complete 89.91% Billed ITD $117,126.87 Less Previously Billed $104,216.00 Total $12,910.87 Amount Due $12,910.87 P.O. #: IV Y -t ACCT. #: 'gI 12LIS3(y - Q �, 131 J 0 ACCT. #: DIVISION SUPERVISOR: 1-6-22 UTIL. FINANCE: DEPT. HEAD: gill, SUmmary Invoice # Inv Date Outstanding Current 1 to 30 Days 31 to 60 Days 61 to 90 Days Over 90 Days 90168541 05 -JAN -2023 $12,910.87 $12,910.87 $0.00 $0.00 $0.00 $0.00 Total Due $12,910.87 $12,910.87 $0.00 $0.00 $0.00 $0.00 301 January 5, 2023 19wifur- M. Mr. Richard Meckes Water/Wastewater Operations Manager IRC Department of Utility Services 180127th Street Building A Vero Beach, FL 32960 Subject: Indian River County Groundwater Modeling and Impact Evaluations Status Report for Invoice No. 10 (Final) Dear Mr. Meckes, This is the final status report for the Groundwater Modeling and Impact Evaluation in Support of Modification of Water Use Permit Number 10524 undertaken by CDM Smith Inc. (CDM Smith) for the Indian River County Department of Utility Services (County). The status through December 16, 2022, is as follows: JAPE 2023 CDM Received 4/tilitle Smith Original Work Order 5 1701 Highway A -1-A, Suite 301 100% Vero Beach, Florida 32963 $11,478.00 tel: (772) 2314301 $23,290.00 fax: (772) 231-4332 $23,290.00 January 5, 2023 19wifur- M. Mr. Richard Meckes Water/Wastewater Operations Manager IRC Department of Utility Services 180127th Street Building A Vero Beach, FL 32960 Subject: Indian River County Groundwater Modeling and Impact Evaluations Status Report for Invoice No. 10 (Final) Dear Mr. Meckes, This is the final status report for the Groundwater Modeling and Impact Evaluation in Support of Modification of Water Use Permit Number 10524 undertaken by CDM Smith Inc. (CDM Smith) for the Indian River County Department of Utility Services (County). The status through December 16, 2022, is as follows: We appreciate the opportunity to provide these services to Indian River County. If you have any questions or require additional information on the above project, please do not hesitate to contact our office. Sincerely, +t, Ni• �u�� Benjamin M. Hayner, PE, PMP Project Manager CDM Smith Inc. 302 °J WATER + ENVIRONMENT + TRANSPORTATION + ENERGY + FACILITIES Contract Amount % Complete Total invoiced To Date Invoiced This Period Original Work Order 5 $64,800.00 100% $64,800.00 $11,478.00 Work Order 5, Amendment 1 $23,290.00 100% $23,290.00 $0.00 Work Order 5, Amendment 2 1 $42,180.00 1 1 1,432.87 Totals 1 $130,270.00 1 —69%1$29,036.87 90% $117,126.87 1 $12,910.87 We appreciate the opportunity to provide these services to Indian River County. If you have any questions or require additional information on the above project, please do not hesitate to contact our office. Sincerely, +t, Ni• �u�� Benjamin M. Hayner, PE, PMP Project Manager CDM Smith Inc. 302 °J WATER + ENVIRONMENT + TRANSPORTATION + ENERGY + FACILITIES D O T a U 0 .0 O O c O tt LL 0 a C v � V C O �p C w M O M S S SSS S 00 w W O O O O O N 0 � u1 v} th th tn� v Obi a .0 t/? Kfl V a •Q � S S SSS S 09 •Q y to V)- -iVl A/} N u} rq c G1 O 0 a� S o S S S S G�ai to H toQ S o S S S S S S S 0 oao LnLn o V; f0 M N -4 00 h Q N Q fi m m C V^i Vn? H to ,n •v E a 'E� +i v° C CL C vA C to C n C O m = O m w O Ln (V in u to QO E S_ o m � � y •t7 +a•+ 'y "6 i �j�. �y�. a ' cO m � M m G 7 E o= E° V1 L a +iC (DC •D C 73 a c a ° a @ m p t!1 'O 2 a-0 O U,O a 3 (D a` wQ a CL a` 6a m O O C z-1 N Y N M 0 3 3 D O T a U 0 .0 O O c O tt LL 0 a C v � V C O �p C w M O M Charlene Scherf From: Richard Meckes Sent: Friday, January 6, 2023 10:53 AM To: Charlene Scherf Subject: FW: CDM Smith Final Invoice WO#5 Attachments: CDMS WO#5-Ground Water Modelling & Impact.xlsx; CDM Smith Wo#5 Final Invoice.pdf Please see attached From: Charlene Scherf Sent: Friday, January 6, 2023 10:42 AM To: Richard Meckes <rmeckes@ircgov.com> Subject: CDM Smith Final Invoice WO#5 Rich, Please review and approve the invoice attached. Then return to me and I will hold the invoice until it gets approved by the BCC. I also attached a copy of the spreadsheet just in case you might need it for anything to help you write agenda. Charlene Scherf IRC Utilities Department cscherf@irceov.com (772)226-1836 304 W, Carole jean Jordan, CFC Tax Collector "How May We Help You" March 16, 2023 Board of County Commissioners Attention: Joe Earman 1801 27th Street, Bldg A Vero Beach, FL 32960 Re: Delinquent Tax Advertising Dear Chairman Earman: Pursuant to Chapter 197.402 of the Florida Statutes, the Tax Collector requests Board approval to publish our annual delinquent tax advertisements in the Hometown News newspaper. Hometown News meets the statutory requirements as described in Chapter 50.011 that were recently updated due to House Bill 7049 (2022). We have previously advertised in the Indian River Press Journal, however, Hometown News will provide a greater reach at a significantly lower cost to taxpayers. Based on the estimated number of delinquent parcels that will be advertised, the Press Journal quoted $29,400 for three weekly runs of 7,800 newspapers. Hometown News quoted $16,525 for three weekly runs of 17,450 newspapers. The advertisement will also be posted in the selected newspapers "e -edition" and to floridapublicnotices.com. Thank you for your consideration. Sincerely, 6 440L 9-,4V44a44tj Carole Jean Jordan Indian River County Tax Collector CJJ.jca Attachments P.O. Box 1509, VERo BEACH, FL 32961-1509 Email: HowMayWeHelpYou@irctaxcom Website: www.irctaxcom 305 Phone: (772) 226-1343 Fax: (772) 226-1965 T Tome own News Media Group February 14, 2023 Re: Indian River County Tax Delinquency tab P14 im &I, I DIGITAL SOLUTIONS The following is the quote for the Indian River County Tax Delinquency tab for 2023. Because it is unknown exactly how many pages will be needed to print the entire delinquent list until after the collection closing date, this quote includes multiple options. However, all the page options fall within the following parameters: - The tab will be inserted into the Hometown News newspapers in Indian River County for three (3) consecutive Fridays before June 1. - These insertions will be full runs of approximately 17,450 each. - An additional 150 copies will be delivered to the Indian River County Tax Collector's office for their use, constituting a total print run of 52,500 copies. If more office copies are wanted, this amount can be adjusted. - The delinquent list will be printed in tab format, black and white, and will conform with Florida statutes considering font size, etc. The Tax Collector's office will supply the Hometown News the tax delinquent list in a suitable file for print formatting as soon as possible after the tax collection date. Page Count — 28 pages - $16,525 Page Count — 32 pages - $18,350 Page Count — 36 pages - $20,150 Based upon a review of the previous year's tax delinquency list, these are the most likely page counts. If the 2023 list varies substantially in length, the Hometown News reserves the right to discuss with the Indian River County Tax Collector either a change in price to encompass altered page counts or a change in press run to keep the quote at the nearest page count cost. Thank you for the opportunity to become a working partner with the Indian River County Tax Collector's office. If you have any questions about this quote, please do not hesitate to contact me at your convenience. Kirk Dougal Hometown News Group Publisher kdougal(a�,hometownnewsmedia roup.com (772) 465-5656 Ext. 307 306 Now a .. s. • f . VERIFICATION a 8M. Distribution by Countv 1q/7d/?r? 1 Frlitinnl Frirlav _ 1-IAMOt-In klm. - eekftl*l .. COUNTY CITY/AREA STATE CARRIER CONTROLLED MAIL OFFI OFFICE/ DELIVERY BULK/SINGLE RESTOCK DELIVERY BULK/SINGLE COPY Brevard Barefoot Bay FL 2,250 0 0 Indian River Fellsrnere FL 4,150 50 0 N 4M TOTAL Sebastian 50 0 50 9,650 TOTAL Vero 11,000 0 0 TOTAL 6,400 50 0 6,S50 8N. UISln1t11ltilOiTIIf1 VAU1 W 121U #1 Frlttlnnl Frirlav _ I- -tnu.n nln.ue _ e...d.■... / v:..... COUNTY CITY/AREA STATE CARRIER CONTROLLED MAIL OFFICE/ TOTAL OFFICE/ DELIVERY BULK/SINGLE RESTOCK DELIVERY BULK/SINGLE COPY Brevard Rockledge FL 9,550 50 0 50 9,650 5untree Indian River Vero Beach FL TOTAL 9,550 50 0 50 9,650 80. Diambutim10 CkMntU IQ17Ahil " Crlirinnl CAA -1 - u,..,n+ ,.. to Ir.._., o - _L COUNTY CITY / AREA STATE CARRIER CONTROLLED MAIL OFFICE/ TOTAL DELIVERY BULK/SINGLE RESTOCK COPY Indian River Vero Beach FL 11,000 0 100 11,100 TOTAL 11,000 0 0 100 11,100 If IIllMIIVII __ IYI0II anU %.OII ICI vCIIVCIY UlbtfIUULlUri Hometown News did not report mail distribution during the audit period. Mail distribution is verified through the review of mail statements and/or additional publisher support documents. Hometown News reported an average carrier delivery distribution of 155,956 during the audit period. Carrier delivery is verified through the review of carrier statements and/or additional publisher support documents. The Circulation Verification Council performed a delivery & readership verification in the primary market areas indicated in paragraph nine. Delivery verification is performed using multi -source methodologies considered necessary under the circumstances of the audit. Delivery verification can include, but is not limited to, residential and cell phone interviews, online surveys, email surveys, USPS surveys, in-person interviews and/or social media surveys. Delivery verification source data can include, but is not limited to, residential phone listings, cell phone exchanges, delivery lists, opt -in email databases, online, and/or social media databases. CVC review indicates that a sufficient number of individuals reported that they receive the (appropriate Hometown News edition) on a regular basis to substantiate the publisher's distribution claims. CVC verification confirms that 623 of 808 or 77.1% report they regularly read or look through the (appropriate Hometown News edition). 'Households reporting stop delivery requests were excluded from the survey. The Circulation Verification Council estimates that all the information in this text box has a minimum accuracy level of +/-4%. www.cvcaudit.com www.cvcaudit.coni Jordan Abbey From: Hamm, Tara <thamm@gannett.com> Sent: Wednesday, February 15, 2023 10:30 AM To: Jordan Abbey; Downing, Kaylee; Kennedy, Linda Subject: RE: 2022 Delinquent Tax Advertisement Hi Jordan In the past and this year as well we've always charged $450 per page for the first run and $300 per page for the second and third runs so depending on the page count. The costs would be: 28 pages $29400 32 pages $33600 The Tangible running as a quarter page would be $472.50 Those dates work great for us since they are Wednesday's and those are standard inserting dates for us Please let us know if we can help with anything else in the meantime Tara Hamm Director — Public Notices I Obituaries Gannett Classified Business Solutions +► UQ I, thamm@gannett.com Office: 866-431-8665 Seize your potential at LocaliQ.com From: Jordan Abbey <jabbey@irctax.com> Sent: Wednesday, February 15, 2023 8:00 AM To: Hamm, Tara <thamm@gannett.com>; Downing, Kaylee <kdowning2@localiq.com>; Kennedy, Linda <LKENNED@localiq.com> Subject: 2022 Delinquent Tax Advertisement Good morning Tara, Kaylee, and Linda, Hope all is well! It's that time of the year again and I am getting started on some preliminary stuff for our delinquent tax advertisements. As a reminder, we run our RE tab three times in May and a 3x10 tangible ad once. Ideally this year's ad dates would be May 10,17,24. Last year's tab was 28 pages (it was 32 pages the year before). Could you please provide an estimate for a 28 and a 32 page tab? Let me know if any other info is needed. Thank you! Jordan Abbey Director of Taxes and Licenses Tax Collector's Office of Indian River County 1 308 CIRCULATION DETAIL Paid Circulation Publication Frequency Home Delivery Single Copy Total Avg. Individually Paid Total Avg. Business/ Traveler Total Avg. Paid Total Avg. Qualified Total Avg. Circ. - Print St. Lucie News Tribune Sun 9,304 1,147 10,451 60 10,511 124 10,635 St. Lucie News Tribune Avg Mon -Sat 7,289 308 7,597 110 7,707 124 7,831 St. Lucie News Tribune Mon 6,645 293 6,938 110 7,048 124 7,172 St. Lucie News Tribune Tue 6,562 282 6,844 110 6,954 124 7,078 St. Lucie News Tribune Wed 8,421 351 8,772 110 8,882 124 9,006 St. Lucie News Tribune Thu 7,327 313 7,640 110 7,750 124 7,874 St. Lucie News Tribune Fri 7,385 314 7,699 110 1 7,809 124 7,933 St. Lucie News Tribune Sat 7,366 292 7,658 110 7,768 124 7,892 The Indian River Press Journal Sun 8,102 846 8,948 8 8,956 25 8,981 The Indian River Press Journal Avg Mon -Sat 6,657 285 6,942 1 6,943 1 25 6,968 The Indian River Press Journal Mon 6,168 264 6,432 6,432 25 6,457 The Indian River Press Journal Tue 6,102 269 6,371 6,371 25 6,396 The Indian River Press Journal Wed 7,439 325 7,764 7,764 25 7,789 The Indian River Press Journal Thu 6,718 289 7,007 7,007 25 7,032 The Indian River Press Journal Fri 6,757 296 7,053 1 7,053 25 7,078 The Indian River Press Journal Sat 6,737 266 7,003 8 7,011 25 7,036 The Stuart News Sun 5,117 531 5,648 5,648 102 5,750 The Stuart News Avg Mon -Sat 4,271 170 4,441 4,441 122 4,563 The Stuart News Mon 4,047 155 4,202 4,202 122 4,324 The Stuart News Tue 3,984 157 4,141 1 4,141 122 4,263 The Stuart News Wed 1 4,648 180 4,828 4,828 122 4,950 The Stuart News Thu 4,286 1 180 1 4,466 4,466 122 4,588 The Stuart News Fri 4,334 181 4,515 4,515 1 122 4,637 The Stuart News Sat 4,318 165 4,483 4,483 1 122 4,605 Page 2 of 6 -01-0880-0 309 Alliance for Audited Media Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney /0 Al Public Hearings - B.C.C. 3.28.23 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: March 14, 2023 ATTORNEY SUBJECT: Residency Restrictions for Registered Sex Offenders — Public Hearing BACKGROUND. On September 20, 2022, the Indian River County Board of County Commissioners ("Board") directed the County Attorney and staff to work with the Sheriffs Office regarding the False Alarm Ordinance, the expansion of adult arcades, regulation of sober homes, and residency restrictions for sexual offenders. As a follow-up to that effort, the County Attorney's Office in conjunction with the Sheriff's Office drafted the attached language modifying the current requirements set forth in section 306.06 of the Indian River County Code of Ordinances (the "Code"). On February 21, 2023, the Board directed the County Attorney's Office to advertise for and schedule a public hearing on the draft ordinance. The proposed draft includes definitions for various terms. Currently, section 306.06 of the Code does not contain any definitions. The current residency restrictions are set forth in the attached current version of section 306.06 of the Code. These restrictions include distance limitations of 2,500 feet from a public or nonpublic elementary or secondary school, public park or licensed child care facility. There are several exceptions set forth in section 306.06 of the Code, including for persons who 1) are required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility; 2) are subject to an order of commitment under Chapter 394, Florida Statutes (Mental Health); 3) have established a residence prior to the February 7, 2006, or a school or child care facility is newly located on or after February 7, 2006; 4) are a minor or a ward under a guardianship. Additionally, there is an exception pertaining to instances when a state of emergency has been declared and the public or nonpublic elementary or secondary school, public park or registered child care facility has been designated as an emergency shelter. In these situations, there are notification requirements for such persons. The draft language maintains a 2,500 foot distance requirement for "any public or non-public elementary, middle, secondary or high school, public park, or licensed child care facility." The draft language also contains similar exceptions as the current language set forth in section 306.06 of the Code. The critical aspect of the draft language is clarifying through definitions some of the terms used in the Code. 310 C. IGrmimiLog WSV5lTmp16943fI01-7800I9d6- 57f-3c98c52b1791.doc Board of County Commissioners March 14, 2023 Page 2 FUNDING. The advertising cost for the public hearing was $129.96 and came from General Fund/County Attorney/Legal Ads; Account No. 00110214-034910. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners open the public hearing, take any public comment, close the public hearing and approve the ordinance amending Indian River County Code of Ordinances pertaining to residency restrictions for registered sex offenders. ATTACHMENT. Draft Ordinance C.IG,-k-.g&WSVSITmp169i3J101-780049d6e7J-308620791.d- 311 ORDINANCE NO. 2023 - 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. WHEREAS, the Board of County Commissioners wishes to update the terms used in the Indian River County Code of Ordinances pertaining to sex offenders to better align with State statute, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Chapter 306 (Miscellaneous Offenses and Programs). New language indicated by underline, and deleted language indicated by strikethre gI . Chapter 306 (Miscellaneous Offenses and Programs) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 306 — MISCELLANEOUS OFFENSES AND PROGRAMS Section 306.06. — Residency restrictions for registered sex offenders. 312 WOM TV- ,a.�._.-...e.�: =Mr -T= - ME 312 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section and section 306.065, except where the context clearly indicates a different meaning: (1) Conviction means a determination of quilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. (2) Licensed childcare facility means any child care facility licensed by the state pursuant to F.S. Ch. 402. (3) Park means a publicly owned or operated area used or available for the public's use as a recreational facility, including, by way of example and not limitation, ball fields 313 .. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section and section 306.065, except where the context clearly indicates a different meaning: (1) Conviction means a determination of quilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. (2) Licensed childcare facility means any child care facility licensed by the state pursuant to F.S. Ch. 402. (3) Park means a publicly owned or operated area used or available for the public's use as a recreational facility, including, by way of example and not limitation, ball fields 313 outdoor play equipment (playground), pools, linear parks, nature preserves and beaches. (4) Permanent residence means a place where a person abides, lodges, or resides for five or more consecutive days, and which includes motor vehicles, trailers, mobile homes, manufactured homes, vessels, live -aboard vessels and houseboats. (5) School means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, or other public - school level authorized under rules of the State Board of Education pursuant to F.S. 1003.01. (6) Sexual offender shall have the meaning ascribed to such term in F.S. § 943.0435. (7) Sexual predator shall have the meaning ascribed to such term in F.S. § 775.21. (8) Temporary residence means a place where a person abides, lodges, or resides for a period of five days or more in the aggregate, during any calendar year, and which is not the person's permanent residence, or place where a person routinely abides lodges or resides for a period of five or more consecutive or non-consecutive days in any month, which is not the person's permanent residence, and which includes, motor vehicles, trailers, mobile homes, manufactured homes, vessels, live -aboard vessels, and houseboats. (9) Transient residence means a county where a person lives, remains, or is located for a period of 3 or more days in the aggregate during a calendar year and which is not the person's permanent or temporary address. The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has no specific street address. Section 306.065. Prohibitions, exceptions and penalties. (1) A sexual offender or sexual predator shall not reside or establish a permanent temporary, or transient residence within 2,500 feet of the real property comprising of any public or non-public elementary, middle, secondary or high school public park, or licensed child care facility. (2) For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of the public or private elementary, middle, secondary or High school park or licensed child care facility. (3) A sexual offender or sexual predator residing within 2,500 feet of the real property comprising of a public or non-public elementary, middle secondary school or high school, public park or licensed child care facility does not commit a violation of this section if any of the following apply: a) The public or private elementary, middle, secondary or high school public park or licensed day care facility within 2,500 feet of the sexual offender's or sexual predator's permanent or temporary residence was opened and/or established 314 after the sexual offender or sexual predator established the permanent or temporary residence. b) The sexual offender or sexual predator is subject to an order of commitment under F.S. Ch. 394. c) The sexual offender or sexual predator is a minor or a ward under a guardianship. d) A state of emergency has been declared and the public or nonpublic elementary or secondary school, public park or registered child care facility has been designated as an emergency shelter. 1. If a sexual offender or sexual predator seeks shelter in a facility that has been designated as an emergency shelter, the person shall notify the official in charge of the shelter that he or she is a person required to register their residence under Florida Law. If sufficient space permits, the persons may be kept in a separate room at the shelter. Failure to notify the official in charge of the shelter of a person's requirement to register their residence shall be a violation of this section. 0) This ordinance does not apply to a sexual offender or sexual predator who registered a permanent residence prior to February 7, 2006, and has continuously resided at that address. (5) A sexual offender or sexual predator who violates this section shall be guilty of a second-degree misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment for a term not to exceed 60 days. or by both fine and imprisonment. Section 3. Conflict. All ordinances or parts of ordinances in conflict herewith arehereby repealed. Section 4. Severability; If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. 4 315 This ordinance was advertised in the Indian River Press Journal on the day of March, 2023, for a public hearing to be held on the 28th day of March, 2023, at which time it was moved for adoption by Commissioner , seconded by Commissioner, and adopted by the following vote: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this day of 2023. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 0 ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk Joseph H. Earman, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 2023 5 316 jb >-1 it of AffidavitSl N RPAR COUWrY ATTOMEYS QIFM 1 't 27TH ST A00MOF KAM VERO BEACA FL. 32960-3388 tom is STATEOPWISCONSIN 1tM t Yar . =NTY,OF BROWN" .: ■ proposed ordirlarclerk, Before the undersigned authority personalty app; -timid P-ORDINANCE who on.eaM says that he/she is a le t of tyle l RIVEc INDIAN R COUNT'V; i td.ORIDA, River Press Journal, a daily newspaper published at Vero Beach AMENDING SECTION 306.00 in Iridian River Coup Florida: that the attached c0 of �� copy RESTRICTIONS t REGISTERED R R£CiISTEREO SEX OFFEND - advertisement was published in the Indian, F#vW Press ,tot#m#i in ERS) AND CREATING SECTION the following issues below. Affiant further says that the said Indian 306.EX- - ONStPROHIBITIOAND PENALTIES)(OF River Press Journal is a newspaper published in Vero Beach in CHAPTER 306 (MISCELLANE- said Indian River County,Florida, and that said newspaper has OFFENSES T AND PRO - OUSsaid CRAMS) OOF THE CODE OF Heretofore been continuously published in Said Indian River INDIAN RIVER COUNTY IN OR - County, Florida; daily and distributed in Indian River County, ND 'DEFINITIO NAPROVIOTE TERMS NG FOR FW0, * a perm ref-yeariftW-preaeft9the first:pUbljeatiojj CONFLICT AND SEVERABILITY;= Df the attached c0 of advertisement; and affiant further says that copy y she has neither ,paid or promised any person, firm or corporatieril PROVIDING UDIF f4a 7#ON; £F . any discclt#rit,, reftlo, 400M fission or r+fUnd for the purpose of 7uesdiiryr, securing this advertisement for publication In the said newspaper; at 9:05 a:m., or as soon The Indian River Press Journal has been entered als Periodical er as the matter map t heard, in the County Coal: Matter at the Post Offices in Vero Beach, Malan IWcer County, mission Chambers located ori Florida and has been fora nod of one year neA recedin the period Y p 9 the rust floor of Building A a# the County Administrative', first publication of the attached copy of advertisement Complex, 1801 27th Street, Issue(s) dated before where the dates are noted or publication p Vera Beach, Florida 32860, at which time interested parties on the newspaper's website, if authorized,,cim `may be heard with resp >* 0$/lT/p the proposed ordinance, The proposed ordinance -te inspected by the POW during regular business hbrr+ii. (8:30 a.m, to 5:00 p.m., Mon. day through Friday) at the Of fice of the Clerk to the Boaro of County Commissioners lir' cated on the second floor of Building A of the County Ads Ministrative Complex, 1801;. &0614"toe on on iVit r4 i 17,2M, 17th Street, Vero Beach, Flori- 4a; or alternatively, the pro- ' -posed ordinance may be in» cted at www.irWv.com. Anyone who may wish to ap- �i ate al any decision which may e made at this meeting wilt .. _ d rto ensure thane verba- q inof the proceedings Is made, which includes testi- tj+.ra)urtmissiOn re mony hicand evidence upon which the appeal is based. VIC'KY FEL.TY Anyone who needs a special NO% lry pubiiC accommodation for this meet - ing must contact the County's State of Wistons tt. Americans With Disabilities Act (ADA) Coordinator at 772:- 226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER CQtlilliTy` ftri Cost: $129 BOARD COUNTY :COMMISSIONERS Ad NW )o0sszasa9 H. EARMAN, Q Customer No: 13115 MANPH publish March 17, 2023 PO #: Sexual Offender Restrictions — Public TCN 5624689 it of AffidavitSl 3 [c - 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 Bill and Ardra Rigby / West Wabasso Progressive Civic NAME OF INDIVIDUAL OR ORGANIZATION: League ADDRESS: PHONE: 772-501-4753 Shared usage of the building Old Douglas School SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES Yl NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Open up building for their use for meetings ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1:1 YES � NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For HRC Staff only: ransmitte to Administrator Via: Interactive Web Form E -Mail Hand Delivered 9 Phone INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: March 7, 202 317 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: March 16, 2023 SUBJECT: Consideration of Roadway Jurisdictional Transfers to the Florida Department of 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 28, 2023. DESCRIPTION AND CONDITIONS Within Indian River County, only a small number of roadways are designated as state roads, including all of I-95, US 1, SR 60, and AIA. In addition, both SR 510 and 17th Street are designated as state roads between US 1 and AIA. Responsibility for the improvement and maintenance of state roads is with the Florida Department of Transportation (FDOT), based on the input and guidance from the Metropolitan Planning Organization (MPO). Through the development of its annual Priority Projects Report and Transportation Improvement Program (TIP), the MPO provides direction to FDOT regarding improvements to the state highway system within Indian River County. FDOT also performs routine maintenance and assesses the pavement condition annually of the entire state highway system. For several years, County staff has had ongoing discussions with FDOT about increasing the number of roads within Indian River County that are part of the state highway system. Recently, FDOT proposed to transfer the following roads onto the state highway system: • CR 510 • CR 512 from I-95 to CR 510 • Oslo Road from I-95 to US 1 Attachment #1 provides a map of the roads proposed for transfer to the state highway system. 318 C:\Granicus\Legistar5\L5\Temp\85e11988-1f5f-4ef6-a134-5aacabdfdbt3.docx 1 ANALYSIS At this time, MOT is managing improvement projects for two of the three roads proposed for transfer to the state highway system. • CR 510 will be widened to four lanes from CR 512 to US 1 in multiple phases. Construction of the first phase (CR 512 to 87th Street) is programmed to begin in late 2024 but later phases are not yet funded for construction in FDOT's Work Program. • Oslo Road will be widened to four lanes from the new I-95 interchange to 58th Avenue. Construction of the new interchange and Oslo Road widening is scheduled to begin this summer and is fully funded. Because these roads are not currently part of the state highway system, the projects listed above are currently classified as "off -system" projects. FDOT's Work Program is funded by both federal and state gas tax revenues. State law, however, permits state gas tax revenues to be expended only on the state highway system. As a result, off - system projects in FDOT's Work Program are only funded with federal gas tax revenues, which comprise less than half of FDOT's construction funding. Currently, the CR 510 widening project is only partially funded for construction. Transferring CR 510 to the state will make state gas tax revenues available for the CR 510 widening, potentially accelerating the schedule for constructing the remaining phases. While there are no current improvement projects for CR 512, the MPO's 2045 Long Range Transportation Plan includes a six -lane widening project for the section to be transferred (I-95 to CR 510). MOT is requesting this segment of CR 512 be included with the so that there is a complete FDOT-maintained roadway from AIA to I-95. This will be a valuable FDOT evacuation route for not only Indian River County mainland and barrier island residents, but for Brevard County residents as well. It will also on funding sources from the Federal Government for future improvements. Another benefit of the proposed roadway jurisdictional transfer is that the future maintenance responsibility will also be transferred from the county to the state. According to FDOT, the average cost of milling and resurfacing a four -lane divided road is approximately $1.4 million per mile. Added together, the sections of CR 510, CR 512, and Oslo Road to be transferred to the state are 12.75 miles in length, which would cost about $18 million to resurface. State roadways are typically resurfaced every 15-20 years based upon pavement condition. At this time, staff is seeking the Board's conceptual approval of the proposed roadway jurisdictional transfers. With that conceptual approval, staff will begin the process of preparing the appropriate transfer agreements in coordination with FDOT. Those agreements will be brought back to the Board for approval at a future meeting. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize staff to begin the process of transferring jurisdiction for CR 510 (from CR 512 to US 1), CR 512 (from I-95 to CR 510), and Oslo Road (from I-95 to US 1) to FDOT. 319 C:\Granicus\Legistar5\L5\Temp\85e11988-lf5f-4ef6-al34-5aacabdfdbf3.docx 2 320 C:\Granicus\Legistar5\L5\Temp\85e11988-18f-4effi-a134-5aacabdfdbfl.docx 3 C C OC% .. s. N , N O LL O V � Of Q yi ui cr W Q W H L/'1 zQ W w W Z u a CSG H Q 0 ui ON o a Z Z Q V m = V YJ Ln 0 AV H199 V HIM g S �$ U LOS •• . • i 0146" r n a naz N O LL O V � Of Q yi ui cr W Q W H L/'1 zQ W w W Z u a CSG H Q 0 ui ON o a Z Z Q V m = V YJ Ln 0 Roadway Jurisdictional Transfers to FDOT MPO Transportation Improvement Program $400 million in transportation improvements funded over 5 years Major projects: Ii, Oslo Road interchange P�, Oslo Road widening ® CR 510 widening r- Sebastian Inlet Causeway replacement (A 1 A) L] Transportation Improvement Program FV z02212;— FY 2o26127 I �l ApproveO lwm 8, zoza Y t_ �� w Trans -Florida Rail Trc,.,: Current State Roads in IRC us 1 SR 60 AIA County vs. State Roads County Rr ► IRC pays for maintenance and resurfacing Capacity improvements funded and programmed through CIE 661h Avenue is example Sometimes capacity projects are programmed through the MPO Eligible for federal funds only (no state funds) CR 510 is example FDOT pays for maintenance and resurfacing Capacity projects programmed through the MPO State and federal funding available US 1 & SR 60 are examples 641 Mid -point between 192 & Waltasso Causeway K Mid -point between Wabasso Causeway& Brevard: Barber Bridge "8 16 Resorts/Hotels Northern IRC: Pop 5,291 1 Resort (Disney) County Roads Proposed for Transfer to FDOT CR 510 CR 512 (part) } Oslo Road �� ,; County Roads Proposed for Transfer to FDOT CR 510 4 -lane widening project in MPO's Transportation Improvement Program I,' phase of construction starts at end cf 2024 CR 512 4 -lane road constructed by IRC in 2009 FDOT will assume responsibility for main-enance and resurfacing MPO's LRTP includes future 6 -lane widening Oslo Road aka CR 606 East of 58th Ave widened to 4 -lanes by RC West of 58th Ave to be widened by FDOT (construction begins summer 2023) Benefits of Proposed Roadway Transfer Improvement projects become eligible for state gas tax funding Potentially accelerate construction schedule for future phases FDOT assumes maintenance resoonsibilities FDOT responsible for future resurfacing FDOT cost for milling and resurfacing 4 -lane divided road is $1.4 million per mile 12.75 miles = $18 million Significant savings to IRC Recommendation Authorize staff to begin the process of transferring CR 510, CR 512, and Oslo Road to FDOT. 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: March 16, 2023 SUBJECT: Application for a Federal Transit Administration Grant for Low or No Emission Buses It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of March 28, 2023. DESCRIPTION, CONDITIONS, AND ANALYSIS Indian River County's public transportation system consists of the GoLine (fixed route) and the Community Coach (demand response) transit services. Both GoLine and Community Coach are operated by the Senior Resource Association (SRA) through a contract with Indian River County. The Federal Transit Administration (FTA) provides a majority of the funding for the public transportation system (approximately $34 million annually in FTA funds in recent years). Through the Section 5307 (Urban Area) and Section 5339 (Bus and Bus Facilities) programs, FTA provides funding for all of the transit system's capital expenses and close to half of the operating costs, with the remainder of operating costs covered by grants from the Florida Department of Transportation and the County's local match. The Infrastructure Investment and Jobs Act created the Low or No Emission Vehicle Program (aka "Low -No") to provide funding assistance to transit systems for the acquisition of electric and/or alternative fuel vehicles and facilities. "Low -No" is a competitive grant program. For FY 2023, FTA recently announced the availability of $1.2 billion in funding nationwide (additional funds are expected to be made available in future years). "Low -No" funds can be used to acquire electric buses, charging stations, alternative fuel buses (such as CNG or propane powered vehicles), and fueling facilities. The MPO's Transit Development Plan contains a vehicle replacement schedule, which is updated annually and is based on the useful life of vehicles in the transit fleet. Recently, County and SRA 322 C:\Crranicus\Legistar5\L5\Temp\4481befa-3 a3 d4ef5-ae46-39cOc M0687.docx 1 staff have reviewed the potential to incorporate electric and/or alternative fueled vehicles as replacements for diesel vehicles that reached the end of their useful life (typically 7-12 years, depending on the type of vehicle). Over the next five years, fifteen GoLine buses will reach their useful life and are scheduled for replacement. At the March 28th Board meeting, County staff and SRA will provide a presentation on the FTA "Low -No" program. RECOMMIENDATION Staff recommends that the Board of County Commissioners consider the presentation and provide direction to staff on application to FTA's Low or No Emission Program. 323 C:\Granicus\Legistar5\L5\Temp\4481befa-3a3d-4ef5-ae46-39cOclb90687.docx 2 Indian River County Public Transportation Fleet Transition 03/28/2023 Item 12.A.2. m getting you there! www,GoL,re;r: t.�on: Senior Resource ASSOCIATION PranrothigIndependence in Out -Community Green Bus Act of 2021: Transitioning the fleet to Operating cost saviigs Requires all buses low/no emissions would (fuet:and mairAenance).. purchased with Federal provide Green House Gas Transit Administration (GHG) savings of greater funds to be low/zero- than 13,594,608 kg of emission beginning CO2. October 1st, 2035. This is the equivalent of ZERO EMISSION CO2 reduction sav�nc 89,556 trees over' years. .... .. .. 3Z3'1 CALS 03/28/2023 Item 12.A.2. 6 Gey L PW ROor for each n GoLine 5 Ford TerfN Top Odyssey. I 3Z3. 2 SRA would re Are a minimum of 19 charg%` stations 13 "Overnight Charg at the Transit Facility 6 "Opportunity Charge at the transfer hubs , 03/28/2023 Item 12.A.2. Level 3 Charging Stations BTC Power 100-350 kW Distance per charge: a North Hub Route Heavy Duty Gilligs- Average 250 miles 5 1 6 headways Medium Duty EV's-Average 140 miles 291 mi daily 12 GoLine vehicles do 13 headways per route/per day (Route 15 does only 8 Headways) Q'aj Main Hub Mall Hub IG Center Hub Route 135 mi daily 8 13 headways 1010 1� headways ------- Route 209 mi daily 9 Route 155 mi daily 7 7 headways 2 13 headways Route 164 mi daily 1 9 headways Route 238 mi daily Route 244 mi daily Route 183 mi daily 14 7 headway 15 ,4 headways 3 9 headways --------------- Route ; • 238 mi daily 4 13 headways ; Route ' -- ---- 13 241 mil daily 7 headways Route ; 257 mi daily { 6 12 headways - t 3 spares needed 3 spares needed 1 spare needed Level 2 Charging Stations BTC Power 16.8 kW 5 32 -3 a North Hub Route J 262 mi daily 5 1 6 headways Route 291 mi daily 12 5 headways 1`1--------------- Route ; 319 mi daily 1010 1� headways Route 375 mil daily 9 9 headways 4 spares needed 32 -3 EV Procurement and Operational Cost Senior Resource associn-Foy -7 rt'romati .X1 tf jrudri:n w0 C"; g-it)� The upfront capital cost for electric vehicles is greater than current vehicle cost. Ford TurtleEV Cost Lowe Freightliner Operational cost for r , electric vehicles are Replacement considerably lower eMotor F-550 than current n operational cost EV Transition Cost Savings S S 11 enlor Resource Associa ioN - Yrr mr �r drp..fum ;.r rl. r•f-n., _ Gillig Low Gillig Electric Floor Low Floor r, Ford TurtleEV Freightliner Lightning Top Odyssey Replacement Defender eMotor F-550 Lightning eMotor F-450 Useful Life 9 year, Purchase Pric s#= R 4'i .w y'$130 000 e P s . �t Fuel Cost; Maintenance Cost/Ye 1 , vs4 Cost of Ownership Ownership Cost/Year X Gillig Low Gillig Electric Floor Low Floor r, Additional Positives n dMIIIi Electrification W coalition System Changes Cost of electric vehicles will continue to decrease over time Ever increasing battery ranges Senior Resource ASSOCIATION Yromn7irsGTuA.pnrdrncc ur (hirCmrtmm�itp Potentially sell current fleet to compensate purchase of EVs Senior Resource ASSOCIATION Yrumoiiny, 6rd+pendorre m O+v Cmrn+nmrtp Several new EV Vehicle operators tools would need ® would need to be purchased additional EV <$5k training Fleet mechanics Facility would need modifications at additional 43rd Avenue ,\ electrical systems Transit facility and v training hub locations to accommodate EV chargers Blue and Gray: Current Funding for Bus Replacement • $1.8 million currently allocated from 5307 and 5339 grants for bus procurement Green: Federal Low/No Emission Competitive Grant • No local match required (toll revenue credits can be used) ■ Broward ■ Escambia ■ Gainesville ■ Jacksonville ■ Key West ■ Lynx (Orlando) ■ Miami Dade ■ Ocala ■ Palm Beach ■ Pasco ■ Pinellas ■ Tallahassee ■ USF me F L O R1 D A 03/28/2023 Item 12.A.2. FTA Grants for Buses and Bus Facilities $1,500 2021 2022 2023 Fiscal Year ear • Competitive Low or No Emissions Grants Competitive Grants for Buses & Bus Facilities • Formula Grants for Buses & Bus Facilities 2025 Alf EVs Limited For Paratransit Vehicles ■ 18 vehicles in the Community Coach fleet —14 Cutaways —4 Minivans ■ Limited battery range limits EV paratransit vehicles Propane Recommended ■ Propane fueled vehicles are available on the state contract to „ buy vehicles ■ Use existing funding sources to replace Community Coach vehicles with liquid propane fueled vehicles 03/28/2023 Item 12.A.2. Maintenance costs similar to combustion engine maintenance cost Total Fleet Propane Fuel Cost Saving$ = $46,800/year 3213-7 System Changes � � FUELING " Propane provider to fuel nightly OR = Fuel depot onsite at438543rd Avenue SHC)P/TOOL UPG6�OLS " No tools nequ/red " Noshop upgrades Current At ManagementP|aD 2025 5Cutavx8ys 3 GiUigS 20262 Comm. Coach 3 Freightliners 2COnnrn. Coach ~ `�- Senior Resource «osuC/^nmw Fleet Mechanics Training 2027MOM 2 GiUiga 2 Comm. Coach �} Senior Resource ` ^ovo^rmx 2028 4 F[8ighthne/s Comm. Coach btal Investment Including Vehicles and Charging Statiolis oe «nor Resource ASSOCIATION 11--img h dgmle rc m 0nr ( .ornmatit), Total Potential Investment ■ $20.8 Million Using Low/No Grant 11, E i ummai Seeking Approval To Apply for Grant Funds For Bus Replacements Transitioning Fleet at No Additional Cost to Indian River County Senior Resource ASSOCIATION P.m»ornxbnkP-d—""0"rf mn.,uotrt Transitioning Logistics will Saves the Continue to Transit be Refined if I System Grant Operating Awarded Funds � s n 03/28/2023 Item 12.A.2. 37� 10 / AGI 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: Jill M. Williams, Contract Support Specialist SUBJECT: FDOT Small County Outreach Program (SCOP) Supplemental Agreement No. 1 and Resolution for Construction (Milling and Resurfacing) and Construction Engineering Inspection (CEI) Services of CR-603/Indian River Boulevard from Merrill Barber Bridge to 53 d Street DATE: March 15, 2023 DESCRIPTION AND CONDITIONS On March 8, 2022, the Board of County Commissioners approved a Small County Outreach Program (SCOP) Agreement with the Florida Department of Transportation (FDOT) for the Construction (Milling and Resurfacing) and Construction Engineering Inspection (CEI) Services of CR-603/Indian River Boulevard from Merrill Barber Bridge to 53rd Street in the amount of $3,369,906. The improvements include milling and resurfacing, widening the shoulder to guarantee a minimum 5 - foot -wide bike lane along a major North/South corridor, ADA sidewalk return improvements and interconnect improvements for hardening and resiliency. On July 12, 2022, Bid No. 2022046 was awarded by the Board to C.W. Roberts Contracting for the project in the amount of $4,989,884.10 and Notice to Proceed was issued on October 10, 2022. The FDOT has requested Indian River County execute and deliver Supplemental Agreement No. 1 to increase grant funding by $475,818 and to update deliverables. A Resolution authorizing the Board of County Commissioners to execute Supplemental Agreement No. 1 is requested as well. FUNDING Per the SCOP grant agreement, the County must fund the project and then request reimbursement of the grant share from FDOT to a maximum amount of $3,845,724 of the total cost for the project. Funding for the County's cost share in the amount of $1,144,160 is budgeted in Account No. 10921441-053360-21014/Secondary Roads/Indian River Blvd Resurfacing (Barber Bridge to 53rd St). 324 Page 2 FDOT SCOP SA No. 1 BCC Meeting March 28, 2023 RECOMMENDATION Staff recommends the Board of County Commissioners approve the Small County Outreach Program (SCOP) Supplemental Agreement No. 1 and Resolution and authorize the Chairman to execute the same. ATTACHMENTS 1. Authorizing Resolution 2. FDOT Small County Outreach Program (SCOP) Supplemental Agreement No. 1 for FM No. 441919-1-54-01 APPROVED AGENDA ITEM FOR MARCH 28, 2023 325 C:\Granicus\Legistar5\L5\Temp\b64e8c45-6959-4d5a-8360-31 e3fdc32819.docx RESOLUTION NO. 2023 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF SMALL COUNTY OUTREACH PROGRAM (SCOP) SUPPLEMENTAL AGREEMENT NO. 1 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION (MILLING AND RESURFACING) AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES OF CR-603/INDIAN RIVER BOULEVARD FROM MERRILL BARBER BRIDGE TO 53RD STREET. WHEREAS, the milling and resurfacing of CR-603/Indian River Boulevard from Merrill Barber Bridge to 53rd Street is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for the construction (milling and resurfacing) and CEI of CR-603/Indian River Boulevard from Merrill Barber Bridge to 53rd Street as well as widening the shoulder to guarantee a minimum 5 -foot - wide bike lane along a major North/South corridor, ADA sidewalk return improvements and interconnect improvements for hardening and resiliency under the Small County Outreach Program (SCOP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, SCOP Supplemental Agreement No. 1 to increase funding by $475,818 and update deliverables; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Small County Outreach Program Supplemental Agreement No. 1 for the aforementioned project. The foregoing resolution was offered by Commissioner motion was seconded by Commissioner follows: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Laura Moss Commissioner Joseph E. Flescher Commissioner Deryl Loar who moved its adoption. The and, upon being put to a vote, the vote was as The Chairman thereupon declared the resolution passed and adopted this day of , 2023. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Joseph H. Earman, Chairman William K. DeBraal, Deputy County Attorney 326 C:\Granicus\Legistar5\L5\Temp\8369b I Ob-ad7b4e6f-9867-965003 c6e0a.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT SUPPLEMENTAL AGREEMENT SUPPLEMENTAL NO. 1 CONTRACT NO. G2720 FPN 441919-1-54-01 Recipient: Indian River County This Supplemental Agreement ("Supplemental"), dated 525-010-60 PROGRAM MANAGEMENT 12/18 Page 1 of 2 arises from the desire to supplement the State -Funded Grant Agreement ("Agreement") entered into and executed on March 24, 2022 as identified above. All provisions in the Agreement and supplements, if any, remain in effect except as expressly modified by this Supplemental. The parties agree that the Agreement is to be amended and supplemented as follows This Supplement increases the Department's participating amount needed for the Construction and CEI Services of the Project by FOUR HUNDRED SEVENTY-FIVE THOUSAND EIGHT HUNDRED EIGHTEEN DOLLARS AND ZERO CENTS ($475,818.00). The Exhibit A Deliverables and the Exhibit B Schedule of Financial Assistance of the agreement are deleted and replaced with Exhibit A Deliverables and Exhibit B Schedule of Financial Assistance of this Amendment which are attached hereto and made a part thereof. Paragraph 6a of the Agreement is amended to read as follows The estimated cost of the Project is FIVE MILLION FIVE HUNDRED FIFTY-EIGHT THOUSAND SIX HUNDRED SEVENTY-ONE DOLLARS AND ZERO CENTS ($5,558,671.00).This amount is based upon the Schedule of Financial Assistance in Exhibit B, attached and incorporated in this Supplement. The Schedule of Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties. Paragraph 6b of the Agreement is amended to read as follows: The Department agrees to participate in the Project cost up to the maximum amount of THREE MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND SEVEN HUNDRED TWENTY-FOUR DOLLARS AND ZERO CENTS ($3,845,724.00) and additionally the Department's participation in the Project shall not exceed 75% of the total cost of the Project, and as more fully described in Exhibit B of this Supplemental, Schedule of Financial Assistance, attached hereto and made a part hereof. The Department's participation is increased based on the actual bids being higher than the original estimated amount. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. The Scope of Services, Exhibit A of the Agreement are unchanged and shall remain in full force and effect Reason for this Supplemental and supporting engineering and/or cost analysis: This Supplemental Agreement increases the Department's participating amount by FOUR HUNDRED SEVENTY-FIVE THOUSAND EIGHT HUNDRED EIGHTEEN DOLLARS AND NO CENTS ($475,818.00) revising the original State Funded Agreement total project cost with the Department's bid concurrence and Local Agency construction contract/bid award. Based on a project scope review, this supplemental updates the deliverables to include the CEI classifications necessary for the project. 327 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT SUPPLEMENTAL AGREEMENT 525-010-80 PROGRAM MANAGEMENT 12/18 Page 2 of 2 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. RECIPIENT: Indian River County By: Name: Title: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Steven C. Braun, P.E, Title: Director of Transportation Development Legal Review: 328 DELIVERABLES FM# 441919-1-54-01 CONSTRUCTION (MILLING AND RESURFACING) AND CEI SERVICES OF CR-603/INDIAN RIVER BLVD FROM MERRILL BARBER BRIDGE TO 53RD STREET Item No. Description Unit Quantity 01011 MOBILIZATION LS 1 01021 MAINTENANCE OF TRAFFIC LS 1 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND 0104 1 WATER POLLUTION LS 1 01101 1 CLEARING & GRUBBING LS 1.0 0120 1 REGULAR EXCAVATION LS 1 01206 EMBANKMENT LS 1 01604 TYPE B STABILIZATION (12" SUBGRADE, LBR 40, MINIMUM) SY 14,580 **0285 706 OPTIONAL BASE, BASE GROUP 06 (8" CEMENTED COQUINA) SY 1,576 **0285 711 OPTIONAL BASE, BASE GROUP 11 (12" CEMENTED COQUINA) SY 120 0327 70 6 MILLING EXISTING ASPHALT PAVEMENT, 1 1/2" AVG DEPTH SY 119,833 SUPERPAVE ASPHALTIC CONC. TRAFFIC C (PG76-22, S.P. 12.5,2" 0334 1 13 THICK) TN 13,252 GRATE FOR EXISTING DRAINAGE STRUCTURE, FURNISH AND 0425 14 1 SF 63 INSTALL **0425 6 VALVE BOXES, ADJUST EA 1 0520 1 10 CONCRETE CURB & GUTTER, TYPE F LF 256 CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK (FIBERMESH 05222 SY 12 REINFORCED 05272 DETECTABLE WARNINGS SF 9 05701 2 PERFORMANCE TURF, SOD (BAHIA) SY 3,000 0570 1 2A PERFORMANCE TURF, SOD FLORATAM SY 3000.0 06302 11 CONDUIT, FURNISH & INSTALL, OPEN TRENCH LF 33000 06302 12 CONDUIT, FURNISH & INSTALL, DIRECTIONAL BORE LF 2349 0633 1123 FIBER OPTIC CABLE, F&I, UNDERGROUND, 49-96 FIBERS LF 18000 06352 12 PULL & SPLICE BOX, F&I, 24"X36" COVER SIZE (PULL BOX) EA 35 06352 13 PULL & SPLICE BOX, F&I, 30"X60" RECTANGULAR OR 36" ROUND COVER SIZE (SLACK BOX) EA 9 0706 1 3 RAISED PAVEMENT MARKER, TYPE B (BI-DIRECTIONAL AMBER/AMBER EA 291 070613A - EA 1503 RAISED PAVEMENT MARKER, TYPE B (BI-DIRECTIONAL 0706 1 3B WHITE/MONO EA 67 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR 0711 11123 CROSSWALK AND ROUNDABOUT LF 773 THERMOPLASTIC, STANDARD, WHITE, SOLID, 18" FOR DIAGONALS 0711 11124 LF 1269 AND CHEVRONS THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINE 0711 11125 AND CROSSWALK LF 364 THERMOPLASTIC, STANDARD, WHITE, 2-4 DOTTED GUIDELINE/6-10 3?9 0711 11141 GAP EXTENSION, 6" GM DELIVERABLES FM# 441919-1-54-01 CONSTRUCTION (MILLING AND RESURFACING) AND CEI SERVICES OF CR-603/INDIAN RIVER BLVD FROM MERRILL BARBER BRIDGE TO 53RD STREET Item No. Description Unit Quantity 0711 11160 THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL EA 50 (HELMETED BICYCLE SYMBOL AND BIKE LANE ARROW) 0711 11160A THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL EA 12 (MERGE WITH ARROW) THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL 0711111606 (ONLY) EA 6 0711 11170 THERMOPLASTIC, STANDARD, WHITE, ARROW EA 96.0 0711 11224 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR DIAGONAL LF 344 OR CHEVRON 0711 11241 THERMOPLASTIC, STANDARD, YELLOW, 2-4 DOTTED GUIDELINE/6- GM 0.24 10 DOTTED EXTENSION LINE, 6" 0711 16 101 THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SOLID, 6" GM 11.12 0711 16 102 THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SOLID, 8" GM 0.52 0711 16 131 THERMOPLASTIC, OTHER -SURFACES, WHITE, SKIP, 6", 10-30 SKIP GM 5.26 OR 3-9 LANE DROP 0711 16 201 THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, SOLID, GM 5.21 6 **999-1 CONSTRUCTION LAYOUT/RECORD DRAWINGS LS 1 (**) Non -participating CEI CLASSIFICATIONS Sr. Project Engineer Project Administrator Sr. Inspector Contract Support Specialist Inspector 330 Aft Form 525-010-60eB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0B STATE -FUNDED GRANT AGREEMENT PROGRAM 180127th Street MANAGEMENT Vero Beach, FL 32960 8/21 Page 1 of 1 EXHIBIT B ) LOCALFUNDS SCHEDULE OF FINANCIAL ASSISTANCE Indicate source of RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: Indian River County 441919-1-54-01 180127th Street Vero Beach, FL 32960 MAXIMUM PARTICIPATION TOTAL PROJECT FUNDS ) LOCALFUNDS STATE FUNDS Indicate source of PHASE OF WORK by Fiscal Year: Local funds Design- Phase 34 Maximum Department Participation $ $ $ ❑ In -Kind FY: (Insert Program Name) ❑ Cash FY: Maximum Department Participation $ $ $ ❑ In -Kind (Insert Program Name) ❑ Cash Total Design Cost $ 0.00 $ 0.00 $ 0.00 Right -of -Way- Phase 44Maximum Department Participation $ $ $ ❑ In -Kind FY:',` (Insert Program Name) ❑ Cash FY ;,:f Maximum Department Participation $ $ $ ❑ In -Kind (Insert Program Name) ❑ Cash Total Right -of -Way Cost $ 0.00 $ 0.00 $ 0.00 Construction -Phase 54 Maximum Department Participation $2,561,609.00 $1,123,303.00 $1,438,306.00 In -Kind FY (Small County Outreach Program ® Cash FY: ${423 Maximum Department Participation $3,027,062.00 $619,645.00 $2,407,418.00 ❑ In -Kind (ISmall County Outreach Program) ® Cash Total Construction Cost $5,588,671.00 $1,742,948.00 $3,845,724.00 Construction Maximum Department Participation $ $ $ ❑ In -Kind Engineering and (Insert Program Name) ❑ Cash Inspection - Phase 64 FY ,u. FY ,> Maximum Department Participation $ $ $ ❑ In -Kind (Insert Program Name) ❑ Cash Total Construction Engineering and Inspection Cost $ 0.00 $ 0.00 $ 0.00 (Phase) Maximum Department Participation $ $$ ❑ In -Kind FY .;` (Insert Program Name) ❑ Cash FY:mi Maximum Department Participation $ $ $ ❑ In -Kind (Insert Program Name) I ❑ Cash Total $M S,r';{ost $ 0.00 $ 0.00 $ 0.00 TOTAL COST OF THE PROJECT $5,588,671.00 $1,742,948.00 $3,845,724.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Susan Dale District Grant Manager Name Signature Date 331 /314 Office Of Attorney's Matters 3/28/2023 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 THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: March 15, 2023 SUBJECT: Offer of Judgment for a Parcel of Right -Of -Way Located at 6600 65th Street, Vero Beach, Owned by Harish and Deepti Sadhwani Harish and Deepti Sadhwani own a 19.54 acre parcel of property located at 6600 65th Street. Included in this acreage is a 0.91 acre strip of existing right-of-way that contains a portion of the pavement of 66th Avenue and right-of-way maintained by the County, so the net size of the parcel is 18.63 acres. The property is located at the northwest corner of 66th Avenue and 65th Street. This site is rectangular in shape with 1,309 feet of frontage along 66th Avenue and is 652 feet deep. The property is located outside the urban service boundary and is zoned A-1, Agricultural, up to one unit per five acres. The property is improved with 3 strand barbed wire fencing. There are no structures on the property. The Sadhwanis purchased this property back in 2004 for $760,000, or approximately $38,895 per acre. In order to accommodate the planned improvements to 66th Avenue, the County acquired approximately 6.95 acres from the Sadhwani property: 4.37 acres will be used for right- of-way and 2.58 acres will be used for a stormwater retention pond. The only site improvements lying within the area of take are fencing, a gate, artesian wells and some grading to provide drainage for the site. A copy of the sketch of the parent parcel, the part to be taken, and remainder are attached to this memorandum. The remainder parcel is 11.68 acres in size. In October 2020, the County filed an Eminent Domain lawsuit against the Sadhwanis and on December 21, 2020, the judge entered an Agreed Order of Take for the 6.95 acres of 332 Sadhwani 661h Avenue Offer March 23, 2023 Page 12 property needed for the 66th Avenue road project and the County took possession of the parcels after depositing $314,264.00 into the registry of the Court. Some discovery has taken place in the lawsuit and the County would like to proceed with mediation and if that is not successful, eventually trying the case before a 12 -member jury. The County recently updated its appraisal using Christopher Mafera of Real Estate Analysts, Inc. Mr. Mafera has testified as an expert witness in numerous eminent domain trials both for government entities and private landowners. His appraisal establishes the value of the part taken at $379,500 and valued the entire remainder parcel at $644,400. The valuation of the property taken was calculated as follows: Land value: $215,700 ($31,000/acre) Improvements: 65,800 Damages (Incurable): 26,200 Cost to Cure: 71,800 TOTAL $379,500 Severance damages apply to the take due to a 40% reduction to the size of the property as well as the shape of the remainder property as a result of the location of the retention pond. The "cost to cure" is primarily a result of the cost to install a new boundary fence and to provide drainage improvements in order to restore the drainage to the property as in the before taking condition. A copy of the appraisal is available for review at the County Attorney's Office. The appraiser retained by the Sadhwanis is of the opinion that full compensation to the property owner should be in the amount of $1,803,725. The appraiser establishes a land value of $100,000 per acre for the 7.8566 acres or $785,660. When the value of the improvements are added in (trees, wells, fencing) of $80,890 he claims it results in a value of the part taken as $866,550. He then values the damages due to the reduction in size and change of shape in the amount of $117,280. A cost to cure of $819,895 is then added, opining that the entire remainder property would have to be filled with 90,000 cubic yards of soil in order to prevent flooding that will supposedly be caused by the new retention pond and elevated new roadway. Thus, he states the total compensation to the Sadhwanis should be $1,803,725. As you are aware, in an eminent domain proceeding, the condemning authority is responsible for payment of the landowner's reasonable costs and attorney's fees. One way of attempting to limit the County's exposure to expert witness fees and costs in this matter is to make the Sadhwanis an Offer of Judgment. This is done by filing the offer with the court. A conference call was held last week between outside eminent domain counsel Bill Doney, Public Works staff and all attorneys from the County Attorney's Office. One of the topics of the call was to decide on a recommendation to be made to the Board of County Commissioners as to the amount of the Offer of Judgment. Considering the 333 Sadhwani 66th Avenue Offer March 23, 2023 13 latest County appraisal and the risk that the County is exposed to given the high value placed on the property by the Sadhwani's appraiser, all agreed to recommend making an Offer of Judgment of $485,000. If the Sadhwanis accept the offer of judgment, the County would have to pay the amount of the offer to the Sadhwanis, attorney's fees and expert witness fees/costs would be determined and the case would be concluded. If the Offer of Judgment is not accepted and the matter proceeds to trial, if the Sadhwanis receive a verdict less than the Offer of Judgment, the County would not have to pay any expert's witness fees or costs incurred 30 days from the date the Offer of Judgment is made. The County would receive a credit of $314,264 already paid in the Agreed Order of Take. Funding: Funding in the amount of $189,020 is budgeted and available in Traffic Impact Fees/District 2/66th Ave/49th to 69th Street/ROW (Account # 10215241-066120-07806) and the balance of $295,980 is budgeted and available in Traffic Impact Fees 2020/District 1/66th Ave/49th to 69th Street/ROW (Account # 10415141-066120-07806). Recommendation: Staff recommends the Board approve an Offer of Judgment to the Sadhwanis in the amount of $485,000. Attachments: Aerial photo, Sketch and Legal Descriptions 334 7/14/2020 n>•►m,> I Back Indian River County, Florida Property Appraiser - Printer Friendtr Map Indian River County, Florida Property Appraiser 414 4N T ParcelID OwnerName PropertyAddress 32390700001008000002.0 SADHWANI HARISH AND DEEPTTI 6600 65TH ST VERO BEACH, FL 32967 Notes �: Weel•, N W -*E 0 S 100' GRAPHIC SCALE ORB 50.6, PG 517 323901 0GO01 001000007. 0 495.5 NORTH LINE TRACT 8 W 10 "I p HARISH SADHWANI 0 32390700001008000002.0 O ORB 1818, PG 1661 z N89'24'50 v~im 206.97' �U 44iKI- W[3 z� �Q O N /rN 17 STORM WA TER MANAGEMENT I P� HE \ I 156.01' N89'24'50'W 0 PARCEL 105 MSTORMWA auTNAGEMENT N.E. CORN eo ORB 1818, PG 1661 112,440 SO. FT. m 2.56 ACRES W 10 "I p HARISH SADHWANI 0 32390700001008000002.0 O ORB 1818, PG 1661 z N89'24'50 v~im 206.97' �U 44iKI- W[3 z� �Q O N /rN 17 STORM WA TER MANAGEMENT I P� HE \ I 156.01' N89'24'50'W LINE LENGTH L1 32390700001008000002.0 N89'24'50"W N.E. CORN eo ORB 1818, PG 1661 TRACT 8 m 2� 50' 00 a N89'24'50"W 163.00'70 W ZI zo'-- z� 3 30' 3 This eertiffes that a legal dex *fin and sketch of the property shown 8 1N �iK Lm 00 mz R/W 10 (vW� WN 66TH AVE. I I C" aI �� 0 m INDIAN RIVER FARMS CO. PLAT ROOK 2, PAGE 25 NE EAST UNE— }� (mm �J' TRACT 8 TRACT rn HARISH SADHWANI LEGEND LINE LENGTH BEARING 32390700001008000002.0 N89'24'50"W L2 50.00 eo ORB 1818, PG 1661 ( W 2� NN zI so' W ZI < q'• 3 w a POINT OF COMMENCEMENT This eertiffes that a legal dex *fin and sketch of the property shown 8 1N �iK Lm 00 mz R/W a 66TH AVE. N Dig TRACT 8 aI �� I INDIAN RIVER FARMS CO. PLAT ROOK 2, PAGE 25 TCE }� (mm �J' (ST, LUCIE) EASEMENT i m h LINE_ TABLE_ LEGEND LINE LENGTH BEARING L1 50.00 N89'24'50"W L2 50.00 500'00'25"W 336 .W.w LEGEND I Q N Z PROPERTY LINE W -� — PROPOSED POND W PARCEL < RIGHT OF WAY LINE .. P.O.C. POINT OF COMMENCEMENT This eertiffes that a legal dex *fin and sketch of the property shown P, O.B. a. 4. hereon was mode under my supervision and that this legal descroUm and sketch meets the standards of pm tire, set forth pj¢e Rprhip ? R/W RIGHT OF WAY 66TH AVE. ORB �-t Ad"rnistmUm code, pursuant to SecNan 472 p/jfYyt d Oct this dmMng to a true and oecurdto t BASELINE a best of my knosfedge and bNbf. Sub n agdenpl sho TCE TEMPORARY CONSTRUCTION 0 o EASEMENT i m h O P.O.C. SECT. SECTION z EAST Y4 CORNER R/W RESERVATION LINE SECTION 7 TRACT LINE 55th. STREET Y SECTION LINE A 12 CANAL �A )E l a as--'? a 336 .W.w LEGEND I SECTION LINE PROPERTY LINE -� — PROPOSED POND PARCEL — — RIGHT OF WAY LINE P.O.C. POINT OF COMMENCEMENT This eertiffes that a legal dex *fin and sketch of the property shown P, O.B. POINT OF BEGINNING hereon was mode under my supervision and that this legal descroUm and sketch meets the standards of pm tire, set forth pj¢e Rprhip ? R/W RIGHT OF WAY Bond of Professional &rmyarw and Mappers k, 53bsM>t ORB OFFICIAL RECORDS BOOK Ad"rnistmUm code, pursuant to SecNan 472 p/jfYyt d Oct this dmMng to a true and oecurdto t PG PAGE best of my knosfedge and bNbf. Sub n agdenpl sho TCE TEMPORARY CONSTRUCTION her"a"' EASEMENT i FDOT FLORIDA DEPARTMENT OF TRANSPORTATION _ E.G DOMETER P.SM, NO. 5178 Q SbF SECT. SECTION 4j FLORIDA �A )E l a as--'? Nor valid withwt the signature and the ,,��p•al� k Lkwnsed Survw}o- and Mapper. Ot1fV9 ��� s:+Ut -�� DATE NUMBER Kimley)MOM 7/,°/,. LEGAL DESCRIPTION AND SKETCH OF DMANN er OFD PeOXCT No. PARCEL 105 STORMWATER MANAGEMENT FACILITY 1 of 2 Cvo e� W Me w ssati sent ms vas ecvat R ao.w sort m -D.. -ass r cores-Ds.:++Ds 0470a5ok.J INDIAN RIVER COUNTY, FLORIDA Emerslaroaar-NN�rA11 336 .W.w STORMWATER MANAGEMENT LEGAL DESCRIPTION ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 8, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE EAST Y4 CORNER OF SAID SECTION 7; THENCE, BEARING NORTH 00'00'25" EAST, ALONG THE EAST UNE OF SAID SECTION 7, A DISTANCE OF 1339.60 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'24'50" WEST, A DISTANCE OF 50.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT 8; THENCE, BEARING NORTH 89'24'50" WEST, ALONG THE NORTH LINE OF SAID TRACT 8, A DISTANCE OF 156.01 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, LEAVING SAID NORTH LINE, BEARING SOUTH 00'00'25" WEST, A DISTANCE OF 50.00 FEET TO A POINT; THENCE, BEARING NORTH 89'24'50" WEST, A DISTANCE OF 163.00 FEET TO A POINT; THENCE, BEARING SOUTH 21'12'15" WEST, A DISTANCE OF 347.22 FEET TO A POINT; THENCE, BEARING NORTH 89'24'50" WEST, A DISTANCE OF 206.97 FEET TO A POINT ON THE WEST LINE OF THE EAST 20 ACRES OF SAID TRACT 8; THENCE, BEARING NORTH 00"00'25" EAST, ALONG SAID WEST LINE, A DISTANCE OF 375.00 FEET TO A POINT ON THE AFOREMENTIONED NORTH LINE OF SAID TRACT 8; THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 89'24'50" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 495.53 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 112,440 SQUARE FEET OR 2.58 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE'FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID LINE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. "'" Kimley>))Horn V`�`"`� ar 7/10/17 LEGAL DESCRIPTION AND SKETCH OF �� ©LD 7 iuucr-� u Mnccwm M PROECI � PARCEL 105 STORMWATER MANAGEMENT FACILITY 2 Of 2 °F W 2M SMV. SM M ` W� a MN INDIAN RIVER COUNTY, FLORIDA a CHO m cm » mrra-a� -� ,N'.A° 047090041 337 11 3 r ym NORTH LINE TRACT 8 LINE TABLE LINE LENGTH BEARING Li 30,72 N00'00'25"E L2 50.00 N89'S9'35" 30' —I 50' J 1 o'I 20' — N LEGEND I ( PARCEL 105 SECTION LINE 229,.791 SQ.FT. w E INDIAN RIVER FARMS CO. 5.28 ACRES PLAT BOOK 2, PAGE 25 Board of Professknol S.—Jws and Moppws h Ch 17, rkrfdo (ST, LUCIE) Adminfsfrotiw Code, pursuant to Section 472 and 0 S 100' ..� �. PROPOSED RIGHT OF WAY that this &awing is o true and accurate tggiuM PARCEL beet of my knowledge and be/ .. Sub en GRAP� TRACT 8 ham' S6'Made, 4r R/W RIGHT OF WAY a HARISH SADHWANI 32390700001008000002.0 ellw z°d1 ORB 1818, PG 1661 E.G DOWETER, P.S.M. NO. 5179 TRANSPORTATION DA 7E., o�'Oo'�- SECT. SECTION w Ma w N ~te IGmley* Horn o 0 LEGAL DESCRIPTION AND SKETCH OF z Iwo _own. 5 I Ktt I A 12 CANAL 30' EAST. LINE --I TRACT 8 88TH AVE - BASELINE I R.O.B. N �to I F U N I � w w z co " <S I wiz J 3 Q N � Q ro I z U (o Cr. "'I M Q I o w I to Q Q J M N 50' 50' N I 2� c14 y�aayn� I 3VpNS) W— -a... -...... —._.._. _ IZI iw n Q �:2I ty X CORNER L2 SECTIOI N 7 J LEGEND This catfrfss that a legal deec*tfan and sketch of the property Moi" SECTION LINE hereon woe made under my supwrfefon and that this legal deec*tiw — — EASEMENT UNE and sketch meets the standards of proctke set forth by the ftotfdo Board of Professknol S.—Jws and Moppws h Ch 17, rkrfdo PROPERTY LINE Adminfsfrotiw Code, pursuant to Section 472 and ..� �. PROPOSED RIGHT OF WAY that this &awing is o true and accurate tggiuM PARCEL beet of my knowledge and be/ .. Sub en — — RIGHT OF WAY LINE ham' S6'Made, 4r R/W RIGHT OF WAY C v 5179 ORB OFFICIAL RECORDS BOOK ' FOOT FLORIDA DEPARTMENT OF E.G DOWETER, P.S.M. NO. 5179 TRANSPORTATION DA 7E., o�'Oo'�- SECT. SECTION Not w6d without the slgnoture and sed and Mgrper. IGmley* Horn LEGAL DESCRIPTION AND SKETCH OF 7 %/AN 17 """ «• oFo © Am maer-area »e MOM'" w PARGEL 105 - 1 OF 2 ""°� `" e� "° "IN WOM.""°° W% ""�'"'° nwec % INDIAN RIVER COUNTY, FLORIDA m -m-« LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A POR11ON OF TRACT 8, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LUNG AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE EAST Y4 CORNER OF SAID SECTION 7; THENCE, BEARING NORTH 00'00'25" EAST. ALONG THE EAST LINE OF SAID SECTION 7, A DISTANCE OF 30.72 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'59'35" WEST, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 65TH STREET AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL,- THENCE, ARCEL;THENCE, BEARING NORTH 89'10'25' WEST, ALONG SAID NORTH UNE, A DISTANCE OF 651.57FEET TO A POINT ON THE WEST LINE OF THE EAST 20 ACRES OF SAID TRACT 8; THENCE, LEAVING SAID NORTH UNE, BEARING NORTH 00'00'25" EAST, ALONG SAID WEST LINE, A DISTANCE OF 50.01 FEET TO A POINT; THENCE, LEAVING SAID WEST UNE, BEARING SOUTH 8910'25" EAST, A DISTANCE OF 455.55 FEET TO A POINT; THENCE, BEARING NORTH 45'25'00" EAST, A DISTANCE OF 56.16 FEET TO A—POINT; THENCE, BEARING NORTH 00'00'25" EAST, A DISTANCE OF 1,218.73 FEET TO A POINT ON THE NORTH UNE OF SAID TRACT 8; THENCE, BEARING SOUTH 89'24'50" EAST, ALONG SAID NORTH UNE, A DISTANCE OF 155.01 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 8; THENCE, BEARING SOUTH 00'00'25" WEST, ALONG THE EAST UNE OF SAID TRACT 8, A DISTANCE OF 1,309.39 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 229,791 SQUARE FEET OR 5.28 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. PROPOSED ACQUISITION PARCEL ACREAGE = 5.28 ACRES PORTION OF THE ACQUISITION PARCEL THAT IS ENCUMBERED BY THE FDOT = 0.90 ACRES RIGHT—OF—WAY SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID LINE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. sr " IGm1ey�»Horn ��, �,� LEGAL DESCRIPTION AND SKETCH OF **"T "m oan tea, ,,E, am,,,, mown, n, PARCEL 105 2 OF 2 CNGtl¢D °` EM N°�TM' "p1C 70Q `9DB6A1" " "pBD PROM N0. �r 00 naa " -W-a m INDIAN RIVER COUNTY, FLORIDA nroxe 04703so41 IYQ1 March 21, 2023 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 21, 2023 SUBJECT: 82nd Avenue Road Conditions FROM: Susan Adams Commissioner, District 1 respectfully request a discussion regarding options for the road conditions on 82nd Avenue. 340