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HomeMy WebLinkAbout06/06/2023BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, NNE 6, 2023 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph H. Earman, District 3, Chairman John A. Titkanich, Jr., County Administrator Susan Adams, District 1, Vice Chairman Dylan Reingold, County Attorney Joseph Flescher, District 2 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Jack Diel, Our Savior Lutheran Church 3. PLEDGE OF ALLEGIANCE Commissioner Deryl Loar 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation - Honoring Brian Reimsnyder on his Retirement from the Indian River County Sheriffs Office Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of April 04, 2023 6.11. Regular Meeting of April 18, 2023 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION June 6, 2023 Page 1 of 8 7.A. Informational Report Designating May 25, 2023 as Family Abduction Awareness Day Attachments: Informational Report 7.B. Florida Public Service Commission Consummating Order PSC -2023 -0159 -PCO -EI. Petition for approval of revisions to underground residential tariff, underground commercial differential tariff, and overhead to underground conversion tariff, by Florida Power & Light Company, is available for review in the Office of the Clerk to the Board. 7.C. Proclamation Honoring Sharon Marie Franks on Her Retirement From Indian River County Board of County Commissioners Animal Control/Department of Emergency Services Attachments: Proclamation 7.D. District #3 Appointee to the Planning and Zoning Commission (PZC) Attachments: Commissioner's Memo 7.E. District #3 Appointee to the Environmental Lands Acquisition Panel (ELAP) Attachments: Commissioner's Memo 7.F. Indian River County Venue Event Calendar Review Attachments: Staff Report 7.G. Florida Public Service Commission Consummating Order No. PSC -2023 -0167 -CO -EI makes Order No. PSC -2023 -0142 -PAA -E1, request for approval of change in rate used to capitalize allowance for funds used during construction (AFUDC) from 6.22% to 6.37%, effective January 1, 2023 by Florida Power & Light Company is effective and final. Order is available for review in the Office of the Clerk to the Board 7.H. Planning and Zoning Commission Vacancy Attachments: Staff Report Curtis Carpenter - Email Resignation 7.I. Notice of Expired Lease for Moore's Point Roadside Park Attachments: Staff Report Notice of Lease Termination Moore's Point Lease 8. CONSENT AGENDA 8.A. Designation of Excess Equipment as Surplus and Authorization for Disposal Attachments: Staff Report Excess List for 060623 June 6, 2023 Page 2 of 8 8.B. Award of Bid 2023038 - Fairgrounds Expo Center & Ag Pavilion Painting and Rust Removal Attachments: Staff Report Agreement 8.C. Cancelation of Work Order Number 8, Continuing Architectural Services Contract RFQ 2018063 Victor Hart Sr Community Enhancement Complex (Gifford Park) - Restroom / Concession Stand Architectural Services Attachments: Staff Report Work Order No. 8 Proposal for Architectural Services 8.D. Work Order Number 1, Amendment No. 3 - Continuing Engineering Services RFQ 2018008 - 58th Ave Ball Field Expansion and Renovation Attachments: Staff Report IRC -1759 W01 Amend No. 3 23-0502 W01 Amend No. 3 Manhours Exhibit 8.E. Review and Update to Administrative Policy 908.1, "Indian River County Disposal of Indigent Bodies (Burial and Cremation)" Attachments: Staff Report 8.F. Extension of License Amendment for the Vero Beach Amateur Radio Club Attachments: Staff Report VBAmateur Radio Club 1 st Extension VBAmateur Radio Club License Agmt 8.G. Release of Retainage and Change Order No. 1, 61st Court Full Depth Reclamation from 47th ST. to 49th ST. (IRC -2216) Attachments: Staff Report Change Order 1 8.H. Right of Way Purchase from Willie James Cobb for 41st Street Left Turn Lane (EB) at US 1 Attachments: Staff Report Cobb Purchase Agreement 8.I. Final Payment, Release of Retainage and Change Order No. 2, Indian River County Tax Collector's Office Expansion, IRC -2030 Attachments: Staff Report Change Order 2 June 6, 2023 Page 3 of 8 8.1 Post Significant Erosional Event Rapid Land and Hydrographic Beach Profile Surveys Attachments: Staff Report Morgan and Eklund Post -Hurricane WO No. 4 Work Order No. 4 Agreement Execution 8.K. Traffic Monitoring System Technology Update Project FDOT Project Funding Agreement Attachments: Staff Report Funding Agreement — Technology Update Resolution 8.L. Extension of the Transit Service Agreement and Transit Administration Facility Lease with Senior Resource Association Attachments: Staff Report 2018 Agreement Transit Service Extension Lease Extension 8.M. GRBK GHO Central Vero, LLC's Request for Final Plat Approval for a Subdivision to be known as Bella Rosa East [SD -20-06-01 / 2013110019-92496] Attachments: Staff Report Location Map Final Plat Layout 8.N. Release of Retainage to Centerline, Inc., for North Sebastian Septic to Sewer and Water Project Phase 2 Attachments: Staff Report Pay Application No 16 8.0. Acceptance of Utility Easements - Spirit of Sebastian PUD Pod 2 (Located Within the Municipal Boundaries of the City of Sebastian) Attachments: Staff Report Proposed Plat of Spirit of Sebastian PUD Pod 2 S.P. Joint Regional Next Generation 9-1-1 Systems and Services MOU and Application for 911 State Grant Program Attachments: Staff Report Joint Regional NG911 Services MOU 911 Grant Programs Application 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS June 6, 2023 Page 4 of 8 A. PUBLIC HEARINGS 10.A.1 Public Hearing to Consider an Ordinance Amending the Children§ Services Advisory Committee Membership Requirements - LEGISLATIVE Attachments: Staff Report CSAC Membership Ordinance 10.A.2 FY 2023 Grant Application for Capital and Operating Assistance (Section 5307) and Bus Replacement (Section 5339) from the Federal Transit Administration Attachments: Staff Report Grant Application Resolution Budget Form 10.A.3 Public Hearing - An Ordinance of the Board of County Commissioners of Indian River County, Florida, Amending Section 104.03 (Retirement System) and Creation of Section 104.03.1 (Defined Contribution Plan) of Chapter 104 (Human Resources) to Modify the County Retirement Benefits; and Providing for Codification, Severability, Repeal of Conflicting Provisions; and an Effective Date Attachments: Staff Report Proposed Ordinance B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1 Notice of Scheduled Public Hearing for Budget Amendment for June 20, 2023 meeting Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget 12.F.1 Tourist Development Council 2023/2024 Budget Recommendations Attachments: Staff Report June 6, 2023 Page 5 of 8 G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Opioid Settlement Spending Plan Attachments: Staff Report 13.B. Economic Development Council Appointment Attachments: Staff Report Application - Stevie Ray Stark Resume - Stevie Ray Stark 13.C. Environmental Lands Acquisition Panel Appointment Attachments: Staff Report Application - Jeff Beal Resume - Jeff Beal.pdf Application - Eleanor (Ellie) K Van Os Resume - Eleanor (Ellie) K Van Os.pdf 13.D. Approval of Mediation Settlement Agreement 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 Description 1 Sketch and Legal Description 2 Mediation Settlement Agreement 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman 14.A.1 Proposed Increase of the Tourist Tax From 4 to 5 cents Attachments: Commissioners Memo Proposed Increase of Tourist Tax B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District June 6, 2023 Page 6 of 8 15.A.1 Approval of the Emergency Services District Meeting Minutes of November 08, 2022 15.A.2 Approval of the Emergency Services District Meeting Minutes of December 13, 2022 15.A.3 Approval of the Emergency Services District Meeting Minutes of January 17, 2023 15.A.4 Approval of the Emergency Services District Meeting Minutes of February 21, 2023 15.A.5 Approval of Third Renewal of Third Amendment of Property Lease for Temporary Location of Fire Station # 7 Attachments: Staff Report Third Renewal Second Amendment Lease Agreement B. Solid Waste Disposal District 15.B.1 Approval of the Solid Waste Disposal District Meeting Minutes of April 04, 2023 15.B.2 Approval of the Solid Waste Disposal District Meeting Minutes of April 18, 2023 15.B.3 Approval for Continued Laboratory Services Attachments: Staff Report Geosyntec Updated Monitoring Schedule C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.irc og v.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. June 6, 2023 Page 7 of 8 Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. June 6, 2023 Page 8 of 8 proclamation Honoring Brian Reimsnyder on his Retirement from the Indian River County Sheriff's Office -Whereas, Brian Reimsnyder is retiring from the Indian River County Sheriff's Office effective May 25, 2023; and -Whereas, Brian began his law enforcement career in 1998 and has served with distinction for twenty-five years; and -Whereas, during his law enforcement career, Brian has served in many capacities including Deputy and K-9 Deputy, and the Supervisory Rank of Sergeant; and ^Whereas, over his tenure, Brian received many acknowledgements and commendations for his efforts, including Exceptional Duty Award, Honorable Service, Instructor Award, Lifesaving Award and Law Enforcement Deputy of the Year; and -Whereas, Brian has worked diligently under four sheriffs to protect and serve the public and citizens of Indian River County and the State of Florida; and -Whereas, Brian has been dedicated to his work and greatly appreciated by Sheriff Flowers and those who have had the honor of serving with him. Now, 11herefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida, that the Board acknowledges the contributions that Brian Reimsnyder has made to the citizens of Indian River County during his successful law enforcement career and wish him a happy and prosperous retirement. Adopted this 6th day of June, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss FILED 5/1512023 DOCUMENT NO. 03202= FP4,Q CUMM,ISSI., File ID! a3 - 36 BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In res Petition for. approval of revisions to DOCKBT NO. 20230045 -El underground residential tariff, underground ORDER. NO: PSC -2023 -0159 -PCO -EI commercial differential tariff, and overhead to ISSUED: May 1.5, 2023 underground conversion tariff, by Florida Power & Light Company, The following Commissioners participated in the disposition of this matter. BY THE COMMISSION: ANDREW GILES FAY,,Chaim= ART GRAHAM GARY F. CLARK MIKE LA ROSA GABRIELLA PASSIDOMO ORDER SUSPENDING TARIFF Background On March 31, 2023, Florida Power & Light Company (FPL) filed a petition for approval of revisions to its underground residential and commercial differential tariffs (URI) and UCD, respectively). These tariffs represent the additional costs, if any, FPL incurs to provide underground service in place of overhead service. The petition was filed pursuant to Rule 25- 6.078(3), Florida Administrative Code (F.A.C.), which states, in part, "If the cost differential as calculated in Form PSC 1.031(08120). varies from the Commission approved differential by plus or minis 10 percent or more, the utility shall file a written policy and supporting data and analyses as prescribed in subsections (1), (4), and (5) of this rule on or before April 1 of the following year." FPL's last URD tariff filing was required in 2022; however, by Order No. PSS 2022-0191-FOF-EI issued in Docket No. 20220012 EI, FPL was granted ale miporary waiver to defer filing its next revised URD tariff until April 1, 2023.1 In its petition, FPL is seeking approval to update the cost differential for residential and commercial underground service and their respective associated tariff sheets. Additionally, FPL is requesting approval of revisions to its overhead to underground conversion tariff and associated underground facilities conversion agreement. Specifically, FPL is proposing to revise the conversion tariff to exclude the existing facilities cost for all non -hardened overhead distribution facilities (i.e., both feeders and laterals) from the contribution -in -aid -of -construction calculation. This Order is to suspend the proposed tariffs. We have jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and 366.06, Florida Statutes (F.S.). i Order No. PSC -2022 -0062 -FAA -E1, issued Feb. 17, 2022, in Docket No. 20220012 EI, In rw Peti`&nJor temporary waiver of Rule 25-6.078(3), F.A.C. by RoWa Power & Light Company. 2, 1 d • Y'�.b 9fi ,t M a iT7 p ITT - :_� • t s'�i ,i�R M 4: a' �. 3,.: Esq._ 13 7=71', 9 wild 0 a. �;x:g'8 66 °x'a i ffi s� t ka @t. ii 8 ° 5.4 E • E�4i ::y =.i �- x� # 5 0 E }K„ .'A ;E, ;..,:• "� � x a � e *�. c p2. a a a• `"�� aid �a ���,`� �ea sr. �� "rig oll s 0-Z ORDER NO. PSC -2023 -0159 -PCO -EI DOCKET NO. 20230045 -El PAGE 3 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. Any party adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25- 22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility. A motion for reconsideration shall be filed with the Office of Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code. Judicial review of a preliminary, procedural or intermediate ruling or order is available if review of the final action will not provide an adequate remedy. Such review may be requested from the appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate Procedure. 2.3 June 6, 2023 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 23, 2023 SUBJECT: District #3 Appointee to the Planning and Zoning Commission (PZC) 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 Planning and Zoning Commission (PZC). Mr. Reams has submitted his application to the County Attorney's Office. El June 6, 2023 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 24, 2023 SUBJECT: District #3 Appointee to the Environmental Lands Acquisition Panel (ELAP) FROM: Joseph H. Earman Commissioner, District 3 Daniel Bott of 7801 21St Street SW, Vero Beach, FL 32968 will be the District #3 appointee to the Environmental Lands Acquisition Panel (ELAP). Mr. Bott has submitted his application to the County Attorney's Office. 5 Indian River County Venue Event Calendar — June 2023 For more www.ircgov.com JUNIOR LIFEGUARD PROGRAM Mondays and Wednesdays, June 12 — 28 @ North County Aquatic Center • 8:300am-3:30pm. $150 per participant. ➢ Participants will learn lifeguard rescues, CPR/First Aid, water and personal safety. ➢ Program includes a beach day on June 26 at Tracking Station Beach Park. ➢ For more information call 772-226-1752. HURRICANE PREPAREDNESS EXPO Saturday, June 17 @ IRC Fairgrounds • 10:00am-3:00pm. FREE. ➢ Be prepared before the storm. Retail businesses and municipal services will be on site to help you be ready. ➢ Free lunch for first 1,000 attendees. 2023 MARY SNYDER ANNUAL GOLF TOURNAMENT Saturday, June 17 @ Sadnridge Golf Course • 7:00am. Registration-8:00am Start. $75 per golfer ➢ Hosted by the Vietnam Veterans of Indian River County. ➢ For more information call 772-794-0005 GROUP SWIM LESSONS Daily, June 5 —August 3 @ North County and Gifford Aquatic Centers • $40 per person, Scholarships available for those who qualify. ➢ 6 Sessions through the summer to get you swimming fast! ➢ Lessons available for age ranges 6 months old to adults. OUTDOOR EVENING PICKLEBALL LEAGUES Registration is open and will close July 6 @ Richard "Dick" Bird Park Pickleball Courts • Cost $60 per team. ➢ Unranked recreational leagues. Monday women's, Tuesday Men's, Wednesday co-ed. ➢ 10 week season plus playoff tournament. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. 6 PICKLEBALL FOR TEENS OPEN GYM June 10 and 17 @ iG Center • 5pm-8pm. FREE ➢ Community sponsors are generously underwriting the open gym fee for each participant. Come for a fun night to learn and play pickleball. Equipment provided. ➢ Call 772-226-1780 for more information or go to ircgov.com/ParksandRecreation. UNDER THE STARS "SENIOR" PROM Wednesday, June 21 @ Brackett Library • 5:30pm-7:30pm. FREE. ➢ Join us for an evening of music and dancing. Light refreshments will be served. ➢ Bring a date, family member, friend or come stag. Festive attire is encouraged. Registration is required ➢ For more information call 772-400-6366 or go to libraries.ircgov.com. HANDGUN 101 COURSE Sunday, June 25 @ IRC Shooting Range • 9:OOam-2:OOpm. $100 per person. ➢ This course is a complete guide to understanding the basics of firearm ownership, safety, and nomenclature, and how it applies to self-defense. Upon successful course completion, the student will receive a training certificate that may be submitted to the State of Florida as proof of training if applying for a Florida CCWP. ➢ Pre -registration is required. ➢ Call 772-226-3096 for more information or email the instructor nanci.robinson@crrtlic.com ADULT OPEN GYM BASKETBALL Mon and Wed @ iG Center • 4pm-8:30pm. Cost $6 Tues and Thurs @ iG Center • 9am-2pm. Cost $6 ➢ Unstructured activity time where the gymnasium is available to adults (18 and over) to practice skills, shoot hoops, and play pick-up games. ➢ Call 772-226-1780 for more information or go to ircgov.com/ParksandRecreation. AQUAFIT Tues, Wed and Thurs @ North County Aquatic Center • 9:30am-10:30am. Cost $4 ➢ Through low impact and high resistance power of the water, participants will improve cardiovascular capabilities, muscle tone, increase balance and improve general health. ➢ Flotation belts and water barbells are available at no charge. ➢ For more information call 772-226-1174 or go to ircgov.com/ParksandRecreation. 7 COLORING & COFFEE Tuesdays @ iG Center • 9am-10am. Cost $1 ➢ Looking for a way to unwind and reduce stress? Join us for a morning of relaxation through coloring. Materials provided. ➢ For more information call 772-226-1752. GENTLE CHAIR YOGA Tues and Thurs @ iG Center • 12pm-fpm. Cost $5 ➢ Designed to improve flexibility and strengthen muscles while using a chair for support. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. HOMESCHOOL PE Tuesdays @ iG Center • 3pm-4pm. Cost $3. Limited spots ➢ A great chance for children between the ages of the 4-10 to exercise and make new friends. ➢ Teaching children valuable life skills i.e. teamwork, fairness, and good sportsmanship. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. IRC STEEL CHALLENGE Last Friday of every month @ IRC Shooting Range • 9am. Cost $21.40 includes standard pistol and rifle ranges. ➢ Allows shooters to test their abilities on steel targets and practice their magazine reloads in the process. No registration required. ➢ For more information call 772-226-3096. MAT PILATES Tues and Thurs @ iG Center • 9:15am-10:15am. Cost $12 ➢ Exercises are structured using special equipment designed to improve strength, flexibility, posture and enhance mental awareness. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. OPEN PLAY PICKLEBALL Mon, Wed and Fri @ iG Center • 9am-12pm and 12:30pm-3:30pm. Cost $3 Saturdays @ iG Center • 9am-12pm. Cost $3 ➢ Pickleball is played in the gymnasium (6 courts) as either singles or doubles with a paddle and a plastic whiffle ball. Please bring your own equipment. ➢ Call 772-226-1780 for more information or go to ircgov.com/ParksandRecreation. PRE-SCHOOL TUMBLING Fridays @ iG Center • 10:15am, fpm and 4pm. Cost $3 ➢ Preschool tumbling is a great start for ages 4-5. Children are taught basic tumbling skills such as forwards/backwards rolls, handstands, and cartwheels. ➢ They will also improve self-confidence, basic skills, strength, flexibility and balance. Spaces are limited sign up quickly! ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. RIMFIRE CHALLENGE Last Saturday of every month @ IRC Shooting Range • 9am. Cost $12.60 standard range fee ➢ Open to all levels of shooting enthusiasts. It can be for fun, personal improvement or in preparation for a competition. No registration required. ➢ For more information call 772-226-3096. SHINE DANCE WITH CRYSTAL Saturdays @ iG Center • 9:30am-10:30am. Cost $10 ➢ Full body cardio and toning workout based in traditional jazz, ballet and hip-hop. ➢ Get ready to sweat, smile, shimmy and shake your worries away. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. SENIOR WELLNESS PROGRAM WITH SANDY Mon, Wed and Fri @ iG Center • 9:00 am -10 am. Mondays, 10am-11:30am Monday, Wednesday and Fridays. Free ➢ Special programming for our 55+ community to have social interaction and light activity. Activities can be adapted to ability levels and interests. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. SENIOR WELLNESS — DANCING TO MUSIC Thursdays @ iG Center • 10:30am — 11:30am. Free ➢ Similar to our regular Senior Wellness Program for 55 + but with fun dancing music to spice it up a notch. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. STRETCH & FLEX Tues and Thurs @ iG Center • 9:30am — 10:30am. Cost $5 ➢ Great cardiovascular workout set to music. Helps build endurance and strengthens the heart. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. 9 THURSDAY NIGHT LIGHTS Thursdays @ IRC Shooting Range • 5pm-9pm. Cost $8 per round ➢ We light up the fields for a fun skeet -trap night activity. No registration required. ➢ For more information call 772-226-3096. UP BEAT BOXING Tues and Thurs @ iG Center • 3pm-4pm. FREE ➢ Boxing fitness class geared for ages 55 +. Held twice a week to get you out, active and UP- BEAT! Walk-ins welcome. ➢ For more information call 772-226-1780. YOGA LATES Tues and Thurs @ iG Center • 10:30am-11:30am. Cost $5 ➢ Mix between Yoga and Pilates. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. YOUTH OPEN GYM BASKETBALL Mondays and Wednesdays @ iG Center • 4pm-5:45pm. Cost $2 Saturdays @ iG Center • 1pm-4pm. Cost $2 ➢ Unstructured activity time where the gymnasium is available to adults (17 and under) to practice skills, shoot hoops, and play pick-up games. ➢ Call 772-226-1780 for more information or go to ircgov.com/ParksandRecreation. SUMMER SPORTS CAMP Monday June 19 — Friday June 23 @ iG Center • 9:00am-12:00pm. Daily @ iG center ➢ Registration is open for this awesome experience ➢ For children ages 6— 12 years old ➢ Children will play indoor and outdoor sports with an emphasis on positivity, teamwork and FUN! ➢ Call 772-226-1780 for more information or go to ircgov.com/ParksandRecreation. VETERANS YOGA PROJECT — MINDFUL RESILIENCE Wednesdays @ iG Center • 2:00pm-3:00pm. FREE ➢ Led by Certified Yoga Alliance Trainer Danielle Martinez ➢ Class open to active and retired military, first responders, their families, caregivers and anyone looking to support veterans. ➢ Call 772-226-1780 for more information. 10 9,,(-,, /,, 7,9,1,3 '14 FILED 5119/2023 DOCUMENT NO, 03301-2023 FPSC -`COMMISSION CLERK Fll— Ipa 3 -ngs'9 Lila r� r •. OROWN PSC -2=14I 11.E 60h (APUftn 6. ISSLIMMAy 19,202-3 ".' rA 1. Power a.: BY THE COMM1010H .22.029, IFWrMo AdminhowiVe 1". ftitd* ,. to do above menti , it ;, flwmjbM 0 *4 ROW Pubt#o Serves Cmmialon "C-202 - 14 '- PAA -M ho.bemm.effix've mal« 1t i I ' TiRsbosmm0 . MM 413' AW ORDER NO. PSC -2023 -0167 -CO -EI DOCKET NO. 2023003 1 -EI PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 7tl Informational Matters - B. CC 6.6.23 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Dylan Reingold, County Attorney DATE: May 18, 2023 SUBJECT: Planning and Zoning Commission Vacancy ATTORNEY On May 17, 2023, Curtis Carpenter submitted his resignation as the "BCC Appointee, District No. 3" representative to the Planning and Zoning Commission. Curtis Carpenter's term expires in January 2025. ATTACHMENT(S). • Curtis Carpenter, May 17, 2023 - Email Resignation C.IGr kuslLegiiw5lL3lTmpl4llee8J7-1378-4554-8ee1-ld52eldfa9l3.do= 11 From: forms@forms.ircgov.com <forms@forms.ircgov.com> Sent: Wednesday, May 17, 2023 1:28 PM To: Lisa Plesnarski <lplesnarski@ircgov.com> Subject: Contact Form - Planning and Zoning Commission Resignation CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links The following was sent from the contact form on ircgov.com: .. Name Curtis Carpenter Email curtisCcwerobeachsocialmedia.com Address 1255 SCARLET OAK CIR - Phone 7726337748 Subject Planning and Zoning Commission Resignation Message Dear Commissioner Earman, First off, I would like to thank you greatly for allowing me the opportunity to serve my community as a Planning and Zoning Commissioner. I've had a wonderful time working on this commission and really want to thank you and staff for helping me ease into this position. That being said, my time commitments to other duties in my life have overtaken my ability to be an effective commissioner and I'm writing to resign from the commission effective immediately. Again, I want to give gratitude to everyone that I've had the ability to work with over these past couple years. Sincerely, Curtis Carpenter More Info: Form Submission Time 5/17/2023 13:27:36 EDT( -0400 GMT) Visitors IP 104.179.175.172 Unique ID 330113eafd9f032bb45a1fc2aea85b35 staff = dist3 1�: INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation Date: May 22, 2023 To: The Honorable Board of County Commissioners Thru: John Titkanich, County Administrator Michael C. Zito, Assistant County Administrator From: Beth Powell, Parks and Recreation Director Subject: Notice of Expired Lease for Moore's Point Roadside Park BACKGROUND: On September 30, 1977, the State of Florida Department of Transportation and Indian River County entered into a 15 -year lease for the Moore's Point Roadside Park located on North Indian River Drive and US Highway 1 south of the Brevard/Indian River County line. This roadside park has been maintained continuously by the Indian River County Parks Maintenance Division since the effective date of the lease though no renewal was completed after the 15 -year lease expired. DESCRIPTION AND CONDITIONS: In March 2023, the County Public Works Director, Rich Szpyrka, received a letter from the Florida Department of Transportation (FDOT) notifying the County that the lease, though never renewed, has been terminated, and that the FDOT will be completing road work along US 1. The County has the option to enter into a new lease after the construction has been completed, however, no completion date has been provided. Staff acknowledges that the lease expired on September 30, 1992, and will discontinue maintenance of the roadside park effective immediately. ATTACHMENTS: FDOT Letter dated March 16, 2023 to Indian River County Public Works Director Rich Szpyrka, State Project Number 88010-2110 re: Notice of Lease Termination, File Name Moore's Point Lease Agreement 192202, Dated September 20, 1977; Part Parcel No. 219 — Section 88010-2110 APPROVED AGENDA ITEM FOR JUNE 6,202 13 RON DESANTIS GOVERNOR March 16, 2023 Florida Department of Transportation 3400 West Commercial Boulevard JAF=W:PMDU]4FJL Fort Lauderdale, FL 33309 SECRETARY VIA EMAIL: rszpyrka@ircgov.com Indian River County Attn: Richard Szpyrka, Public Works Director 180127 1h Street Vero Beach, FL 32960 SUBJECT: NOTICE OF LEASE TERMINATION State Project No. 88010-2110 Federal Project No. N/A State Road No. 5 (US 1) County Indian River File Name Moore's Point. Dear Mr. Szpyrka: The Florida Department of Transportation (Department) is preparing to begin a road improvement project along SR 5 (US -1) in Indian River (447646-1). The project will include items such as milling, resurfacing, sidewalks, and bike lanes. We are confident that the area will be enhanced once our project is complete. Per attached Lease Agreement dated September 20, 1977, between the Department and Indian River County, Section 2, "If the Lessor at any time shall have need for any part of the leased property for transportation purposes, Lessor may terminate this lease as to such part on 60 days' notice to the Lessee." Please allow this letter to serve as official notice that the subject agreement will be terminated effective May 16, 2023. You have the option to continue leasing the area only after construction has been completed. At which time, we will initiate the lease process and draft a new document. Kindly advise if the county is interested in this option. Should the county decide not to renew the lease, per above said agreement, Section 6, "Upon notice of termination, Lessee shall immediately remove at the Lessee's expense any improvements placed by the Lessee within the area needed for transportation purposes and shall restore the land to its original condition." Kindly advise of the county's decision no later than May 26, 2023. Should you have any questions, do not hesitate to contact me. I can be reached by phone at (954) 777-4247 or by e-mail at Derrick.Stillwell@dot.state.fl.us. Thank you in advance for your cooperation. Sincerely,Ju uc�e Derrick Stillwell Property Management Agent DS/ w,vw.Fdot.gov 14 192202 COUNTY: Indian River SECTION: 88010-2110 ��77IiJ: Ii` iia',xf:(13 STATE ROAD: 5 PARCEL NO: Part Parcel No. 219 e LEASE AGREEMENT .. X i� a f. ,���•:. ' , THIS AGREEMENT, made this 20th day of September , 19 77 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Lessor and INDIAN RIVER COUNTY, FLORIDA, herein- after called the Lessee. W I TNESSETIf : WHEREAS, the Lessee is prepared to assume from the Lessor full responsibility for operation and maintenance of the hereinafter described Lessor property for park purposes, to the advantage of both parties and the public. NOW, THEREFORE, in consideration of the premises the parties agree as follows: 1. The Lessor does hereby lease to the Lessee the property described in Exhibit "A", attached. hereto and made a part hereof, for a period of 15 years or until such time as this Agreement is terminated in accordance with the provisions herein. 2. The Lessee shall use the property exclusively for park purposes and if at any time such use should cease, this Agreement shall terminate upon formal notice in writing from the Lessor to the Lessee of such termination. The obligations of the Lessee under this Agreement shall continue in effect until the date specified in said termination notice. 3. The Lessee shall obtain Lessor's approval prior to constructing or placing any improvement on the leased land. Upon termination of this Lease for any reason all improvements placed upon the premises by the Lessee shall be removed and the property restored as nearly as practical to its present condition at no cost to the Lessor. 4. The Lessee shall indemnify. defend, save and hold harmless the Lessor from any damages, claims, demands, suits and liabilities of any nature arising out of, because of, or due to any accident, happening or occurrence on the leased property. U*55q%92 t 4b 15 EXHIBIT "A" PARCEL NO. 219 -PART SECTION 88010-2110 That part of the NN 1/4 of the R'W 1/4 and that part of Government Lot 2, in Section 25, Township 30 South, Range 38 East, Indian River County, Florida; said part being more particularly described as follows: BEGIN at the Northeast Corner of the Northwest 1/4 of the Northwest 1/4 of said Section 25; thence N 89"54'39" Vt along the north line of said Section 25 a distance of 25.47 feet; thence S 15°15159" E along a line 30 feet Easterly of and parallel with the Baseline of Survey for State Road 5 a distance of 221.68 feet to the beginning of a curve concave Northeasterly; thence run Southeasterly along said curve having a radius of 54 feet, having a central angle of 82'09'46" an arc distance of 77.44 feet to a point of -reverse curvature; thence Southeasterly along said reverse curve having a radius of 248.01 feet, through a central angle of 25"03'52" an arc distance of 130.80 feet to the END of said curve; thence It 29°19101" L a distance of 22.33 feet to a point on a curve concave Northeasterly; having a tangent bearing of N 5523'46" N.through said point; thence Itorthwesferly along said curve having a radius of 786.02.feet, having a central angle of 24'35'32" an arc distance.of 337.37 feet to a point on the north line of said Section 25 and the North line of said Government Lot 2; thence N 89"54'34" Vt along said Horth line a distance of 3.46 feet to the POINT OF BEGINNING. 'Containing 74,273.40 square feet or 0.557 of an acre, more or less. All as shown on the Right -of -Way Hap for S.R. 5, Section 88010-2110, Indian River County, Florida, u 16 S. The Lessee shall not assign this lease or sublet any portion of the leased property and in no event shall permit any commercial use. The term "commercial use" as here employed specifically includes advertising signs. 6. if.the Lessor at any time shall have need for any part of the leased property for transportation purposes, Lessor may terminate this Lease as to such part on 60 days -notice to the Lessee. Upon notice of termination, Lessee shall immediately remove at the Lessee's expense any improvements placed by the Lessee within the area needed for transportation purposes and shall restore the land to its original condition. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the a -y and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ® BY: �7 ' +c-ii/jC/Cv free C�m3n stration ATTEST.• (SEAL) Executive GocIretary A . r.in , xr:cunut• •INDIAN RIVER COUNTY, FLORIDA BY: TITLE; Chairman,* . Yo-rA •wf re:..nty r""""i.S.Ssonerr ATTEST; di_(SE AL) TITLE: G7Ngr.R_ " V0559PABE2149 17 Oft CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 22, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Budget Director PREPARED BY: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Excess Equipment as Surplus and Authorization for Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. FUNDING: There is no cost to the County associated with these requests. RECOMMENDATION: Staff recommends the Board declare the items on the Excess List for 060623 Agenda as surplus, authorize their disposal. ATTACHMENT: Excess List for 060623 18 Dept # Asset Fleet Description Working y/n 106 (3) 30"x60"x30" lab tables y 106 (2) 30"x60"x36" lab tables y 106 (12) 24" stools y 106 (8) 18" stools y 106 HP Computer y 106 (15) Computer Monitors y 106 (13) HP ProDesk Computers N 106 (20) Computer Keyboards y 106 Neat Brand Scanner y 106 HP Laserjet Pro Printer N 106 (3) Sony & HP Laptops y 106 (4) Glass Desks N 106 Casio Desktop Calculator y 106 Cannon Desktop Calculator y 106 (3) Desk Phones y 106 Blue Light Screen Protector y 106 (3) Storage Shelves y 106 Wood 6 -drawer cabinet y 106 (2) Upholstered side chairs y 106 Upholstered Ottoman y 106 (3) 35mm cameras & accessories N 120 9029 30" Ram Rescue Tool y 120 23109 Hurst Cutter (2006) y 120 23110 X -Tractor II Cutter (0 -Cutter) (2006) y 120 23958IX-Tractor II Cutter y 120 24764 X -Tractor II Cutter y 120 24766 Hurst Cutter y 120 24838 Hurst 28" Spreader Unit (2008) y 120 25560 Defender 28" Spreader y 120 25561 T-41 Telescopic Ram y 120 26142 Honda 4 Cycle 5.5 HP Rescue Jaws (2011) y 120 26143 Honda 4 Cycle 5.5 HP Rescue Jaws (2011) y 120 26210 JL -500 5000 PSI Cutter y 120 29618 Hurst JL -500 Low Pressure Cutter y 120 81280 Hurst Spreader y 120 90180 Hurst Spreader (1987) y 120 102100 30" Ram Rescue Tool (1989) N 120 160380 Hurst Spreader (1996) y 120 160410 30" Ram Rescue Tool (1996) y 120 160400 20" Ram Rescue Tool y 120 160480 30" Ram Rescue Tool y 120 165880 Hurst 60" Ram Rescue Tool (1997) y 120 191250 Hurst Power Head (2000) y 120 54858B 30" Ram Rescue Tool y 133 27383 Dell Precision T5600 Computer N 133 27384 Dell Precision T5600 Computer N 133 28582 Dell Mobile Precision 7710 Computer N 133 28733 Master Server for Recording Equipment N 133 29008 Dell Latitude E5570 Laptop N 216 (2) Office chairs, vinyl & cloth y 216 Toshiba TV/VHS Combo y 235 28600 Microsoft Surface Pro N 19 Dept # Asset Fleet Description Working y/n 235 28601 Microsoft Surface Pro N 235 28602 Microsoft Surface Pro N 237 29288 Dell Latitude E5580 BTX Laptop N 241 30465 Microsoft Surface Pro N 241 (9) Dell Monitors y 244 30690 Microsoft Surface Pro N 245 25663 446 American Signal Board Message Board N 251 Tall, skinny table y 268 22443 K3600 14" Hydraulic Ring Saw N 268 23183 898 2006 Chevy 3500 with Crane N 268 23377 Hurco Sewer Smoke Tester N 268 28614 Microsoft Surface Pro N 268 28617 Microsoft Surface Pro N 268 28864 Microsoft Surface Pro N 269 23298 k950 14" Gas Ring Saw N 269 23648 k950 14" Gas Ring Saw N 269 23737 Multiquip 20" Vibratory Plate Compactor N 269 24477 4" Trash pump with 11HP Honda Motor N 269 26068 Iwacker 2" Mudhog PDT -2A Diaphragm Pump N 269 27647 CH&E Mud Hog Pump with Honda GX120 Engine N 269 27732 Multiquip MTX60HD Rammer N 269 27784 Dell Optiplex 7020 N 269 28388 Dell Optiplex 7020 N 269 28391 Dell Optiplex 7020 N 269 29894 Dell Optiplex 5050 N 269 29897 Dell Optiplex 5050 N 269 29899 Dell Optiplex 5050 N 269 29900 Dell Optiplex 5050 N 269 29910 Dell Precision Tower 3620 N 269 197760 Honda 2" Diaphragm Pump N 269 197800 Honda 2" Diaphragm Pump N 269 202210 2" Aluminum Pump with 4HP Engine N 300 19186 HP NetServer LPr N 300 20183 HP Server N 300 21144 Twinax Controller N 300 21165 Dell Poweredge 1650 N 300 21348 Dell Server 1650 N 300 22671 Twinax Controller N 300 22680 XIO Tech - Magnitude N 300 22769 Nexsan Storage Unit N 300 23563 Dell Poweredge 1850 N 300 23564 Dell Poweredge 2850 N 300 27721 Fujitsu Server N 300 27725 Fujitsu Server N 300 201830 HP Netserver LP20OR N 300 22680A I IXIO Tech - Magnitude N 20 F9 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 25, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2023038 for IRC Fairgrounds Expo Building and Ag Pavilion Rust Removal and Painting BACKGROUND: On behalf of the Parks and Recreation Division, sealed bids were solicited for rust removal and painting of the Expo Center Building and Ag Pavilion at the Fairgrounds. ANALYSIS• Advertising Date: Bid Opening Date: Solicitation Broadcast to: Bid Documents Requested by: Replies: April 4, 2023 May 2, 2023 594 Subscribers 7 Firms 4 Firms Bidder Location Total Bid Quick Painting Group Orlando $107,000 Five12 Painting & Remodeling,LLC Saint Cloud $116,697 Razorback, LLC Tarpon Springs $2 6,000 TC Enterprise of the Treasure Coast* I Vero Beach D *Mandatory Disclosure of Relationships Form not signed or notarized Parks and Recreation Division has reviewed the bids, and determined Quick Painting Group to be the lowest, responsive, responsible bidder. FUNDING: Funding in the amount of $107,000, for this project is available in the General Fund/ Parks/Fairground Expenditures Account, number 00121072-03675o. The internal estimate for the project was $131,000. Account Name Account Number Amount General Fund/Parks/Fairground Expenditures 00121072-036750 $107,000 21 CONSENT RECOMMENDATION: Staff recommends the Board award Bid 2023035 to Quick Painting Group., approve the agreement, and authorize the Chairman to sign the agreement after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENT Agreement 22 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 Quick Painting Group (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnishing all the necessary equipment, materials and labor for rust removal and painting the Ag Pavilion and Expo Building ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Indian River County Fairgrounds Expo Building and Ag Pavilion Rust Removal & Painting Bid Number: 2023038 Project Address: 7955 581h Avenue, Vero Beach, FL 32967 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 90th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $388.00 for each calendar day that expires after the time specified in paragraph 3.02 23 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $107,000 Written Amount: one -hundred seven thousand dollars ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 24 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents 25 A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2023038; (6) Addenda (numbers 1 to 2, inclusive); (7) CONTRACTOR'S Bid Form; (8) Bid Bond; (9) Qualifications Questionnaire; (10) Drug Free Workplace Form; (11)Affidavit of Compliance; (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (14) Certification Regarding Lobbying; (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability 26 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. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com 27 Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or 28 supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 29 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman By: John A. Titkanich, Jr., 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: Brad Dewson Parks Superintendent 550077 th Street, Vero Beach, FL 32967 (772) 226-1883 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 30 �BCC Meeting 6/06/2023 s G2� INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM * "Z0 r- * Assistant County Administrator / Department of General Services Parks and Recreation Date: May 15, 2023 To: The Honorable Board of County Commissioners T hru: John Titkanich, County Administrator Beth Powell, Director Parks and Recreation From: Joseph Tilton, Recreation Manager Subject: Cancelation of Work Order Number 8, Continuing Architectural Services Contract RFQ 2018063 Victor Hart Sr Community Enhancement Complex (Gifford Park) - Restroom / Concession Stand Architectural Services BACKGROUND: On February 21, 2023, the Board of County Commissioners approved Work Order No. 8, Continuing Architectural Services Contract RFQ 2018063, Victor Hart Sr Community Enhancement Complex (Gifford Park) - Restroom / Concession Stand Architectural Services between Indian River County and Edlund, Dritenbas, Binkley Architects and Associates, P.A. (Granicus File No. 23-0139). This created a duplicate Work Order No.8 as Work Order No.8 for Hosie Shumann Park Restroom Architectural Services with Edlund, Dritenbas, Binkley Architects and Associates, P.A was previously approved on January 17, 2023 (Granicus File No. 23-0024). The duplicate Work Order No. 8 was never executed by EDB or the County. A subsequent Work Order No. 9 - New Victor Hart Sr Complex Restroom/Concession Building which replaces Work Order No. 8, was approved by the Board on April 18, 2023 (Granicus File No. 23-0321) RECOMMENDATION: Staff respectfully recommends cancelation of Work Order Number 8 Continuing Architectural Services Contract RFQ 2018063 Victor Hart Sr Community Enhancement Complex (Gifford Park) - Restroom / Concession Stand Architectural Services, with Edlund, Dritenbas, Binkley Architects and Associates, P.A. (Granicus File No. 23-0139). ATTACHEMENTS: Work Order Number 8, Continuing Architectural Services Contract RFQ 2018063 Victor Hart Sr Community Enhancement Complex (Gifford Park) - Restroom / Concession Stand Architectural Services Edlund, Dritenbas, Binkley Architects and Associates, P.A APPROVED AGENDA ITEM FOR JUNE 06, 2023 C:\Granicus\L.egistar5\L5\Temp\9c755229-9151-4e3 c-94dd-412fe34fDb59.docx 31 ARCHITECTURAL SERVICES WORK ORDER NO. 8 Victor Hart Sr Community Enhancement Complex - Restroom / Concession Stand Architectural Services This Work Order Number 8 is entered into as of this 21St day of February, 2023, pursuant to that certain Continuing Architectural Services Agreement for Professional Services entered into as of the 13th day of November, 2018 and renewed and amended as of November 2, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Edlund, Dritenbas, Binkley Architects and Associates, P.A ("ARCHITECT"). The COUNTY has selected the ARCHITECT to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The ARCHITECT will perform the professional services within the timeframe and for the fees detailed in Exhibit A, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. ARCHITECT: EDLUND, DRITENBAS, BINKLEY ARCHITECTS AND ASSOCIATES, P.A By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph H. Earman , Chairman Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Michael C. Zito, Interim County Administrator Dylan T. Reingold, County Attorney 32 IE a �� �r 'gym* INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Recreation Date: May 23, 2023 To: The Honorable Board of County Commissioners Through: John Titkanich, County Administrator Michael C. Zito, Assistant County Administrator Beth Powell, Director Parks and Recreation From: Joseph Tilton, Recreation Manager Subject: Work Order Number 1, Amendment No. 3 — Continuing Engineering Services RFQ 2018008 — 58' Ave Ballfield Expansion and Renovation BACKGROUND: On April 17, 2018, the Board of County Commissioners ("Board") approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Masteller & Moler, Inc., this award replaced the Continuing Contract Agreement for Professional Services, dated November 4, 2014. On July 2, 2019, the Board approved W.O. #1 for Professional Design & Engineering Services. On November 19, 2019, the Board approved the rejection of bids for Invitation to Bid 2020005 that were solicited for the construction renovation, and expansion of the Hobart Park Baseball fields at 58th Avenue and 77th Street due to all of the bids significantly exceeding the engineer's estimate of the project cost. The Board's approval also authorized staff to modify the scope of work for this project and re -advertise the project. In order to direct the engineering consultants to re -design a revised scope for this project, it is necessary to amend their existing work order. On May 19, 2020, the Board approved Amendment 1 to Work Order Number 1. That amendment provided for construction plans revision, cost estimation updating, administration approval, permit revision and bidding assistance for the revised scope. On March 2, 2021, the Board approved Amendment 2 to Work Order Number 1. That amendment provided for updating the architectural, structural, electrical and mechanical engineering review, and updating the construction documents to ensure compliance with the Florida Building Code which was revised and updated as of December 31, 2020. 37 This Amendment 3 to Work Order 1, would provide for Building Code Compliance Review, Updating Construction Plans/Technical Specifications, Permit Approvals and Renewals, Preliminary Building Department Permit Application, Construction Cost Estimate, Bidding Services, and Construction Administration Services. Upon completion of Work Order 1, Amendment 3 the project will be re -bid. Service Cost Building Code Compliance Review $ 2,860 Updating Construction Plans/Technical $ 19,460 Specifications Permit Approvals and Renewals $ 8,755 Preliminary Building Department Permit $ 1,420 Application Construction Cost Estimate $ 22,205 Bidding Services $ 17,605 Construction Administration Services. $ 81,170 Reimbursable Expenses $ 3,000 Total $ 156,475 FUNDING: Funding for Amendment No. 3 to Work Order Number 1 is budgeted and available in the Park Impact Fees/ 58th Ave Ballfield Expansion and Renovation account, number 10321072-066510- 18001, in the amount of $156,475.00. Description Account Number Amount Park Impact Fees/ 58th Ave Ballfield Expansion and Renovation 10321072-066510-18001 $156,475.00 RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 1, Amendment No. 3 for revisions to the 58th Ave Ballfield Expansion and Renovation Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008, Amendment and Renewal No. 1 with Masteller & Moler, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 3, Work Order Number 1. ATTACHMENT: Amendment No. 3 to Work Order Number 1, Masteller & Moler, Inc. — Continuing Engineering Services RFQ 2018008, Amendment and Renewal No. 1 — 58' Ave Ballfield Expansion and Renovation DISTRIBUTION Masteller& Moler Inc. June 6, 2023 Consent A ends 38 AMENDMENT NUMBER 3 CCNA2018 WORK ORDER NUMBER 1 HOBART PARK BASEBALL FIELDS - IRC -1759 This Amendment 3 to Work Order Number 1 is entered into as of this _ day of 20_, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of the 17" day of April, 2018 (collectively referred to as the "Agreement"), and that certain Extension of Continuing Contract Agreement for Professional Services entered into as of the 181h day of May, 2021 (collectively referred to as the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Masteller & Moler, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 1, Effective Date July 2, 2019. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment 3 to Work Order 1 as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS MASTELLER OLER, INC. OF INDIAN RIVER COUNTY By: Stephen E. Moler, PE By: Joe Earman, Chairman Title: President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk John Titkanich, County Administrator Dylan T. Reingold, County Attorney 39 M J MASTELLER & MOLER INC. 165527 th Street, Ste. 2, Vero Beach, FL 32960 M-1 — CIVIL ENGINEERS "- (772) 567-5300 AMENDMENT 3 TO CCNA2018 WORK ORDER 1 HOBART PARK BASEBALL FIELDS - IRC -1759 EXHIBIT A Indian River County plans to construct the Hobart Park Baseball Complex as a Single -Phase Project. In addition, it is understood the County proposes to directly contract with Musco Lighting for the furnishing and installation of all site lighting poles and fixtures to include all electrical wiring from handholds at the base of each fixture pole to the lighting fixture. This Amendment No. 3 is intended to update and replace any prior incomplete services for this project. In order to allow for the Hobart Park Baseball Complex improvements to be to be constructed, we shall perform the following scope of services: Scope of Work: Task A— Building Code Compliance Review: The Florida Building Code (FBC) was last updated in 2020. As such, it will be necessary for the proposed structure's design to be reviewed by the project Architect and their sub -consulting engineers to confirm the design complies with the latest version of the FBC. Task A does not include revisions that may be required as a result of the code compliance review. In the event the code compliance review results in a need for revisions to the plans, the revisions will be proposed as an "Additional Service". Task B — Update Construction Plans / Technical Specifications: As requested by the Parks & Recreation Division, we shall update the Construction Plans to reflect the following changes to the scope: 1. The Construction Plans will be adjusted to reflect the entire project to be constructed in a single phase. 2. As the furnishing and installation of all Site Lighting will be via a direct contract between Indian River County and Musco, the Construction Plans will be revised to reflect the Contractor will need onlyto provide electrical conduit and wiring to handholds at the base of lighting poles and/or fixtures. (All wiring from the handhold to the lighting fixtures will be furnished and installed by Musco under a separate, direct contract with Indian River County.) 3. The Construction Plans will be updated to reflect the adoption of the Federal Emergency Management Agency (FEMA) FIRM's adopted January 26, 2023 including adjustment to the proposed finished floor elevation if required. This will include updating the location of the FEMA flood zone lines and designations on the construction plans. Task B does not include any services related to updating landscape plans, irrigation plans, and structural plans. Page 1 of 5 40 M JMASTELLER & MOLER, INC. M1 -- CIVIL ENGINEERS — 165527 1h Street, Ste. 2, Vero Beach, FL 32960 (772)567-5300 Task C — Approvals / Permits Renewals: Prior to bidding the project, we will request the following approvals / permits be renewed and/or extended: 1. IRC Site Plan (Request Extension Beyond May 16, 2023) 2. IRC Utility (Water & Wastewater Improvements) 3. FDEP General Wastewater Permit (Current permit expires August 26, 2023 and cannot be extended or modified in any way)* 4. IRC Right-of-way Permit 5. IRC Utility Right-of-way Permit 6. Indian River Farms WMD Drainage Connection Permit Our Proposal is based on all IRC permits (other than the IRC Utility Permit) being declared valid to coincide with the Site Plan Expiration date extension including the project's Type B Stormwater permit. (As the IRC Type B Stormwater permit is expected to be declared valid, no new flood balance computations are included within our scope and/or fee.) * FDEP General Wastewater Permit $250.00 review fee is included. No other permit review fees are not included within our fees. Task D — Preliminary Building Department Permit Application: In order to confirm, prior to bidding, the proposed structure design complies with the Florida Building Code, a preliminary application will be filed by the project Architect to the County Building Department. Task D does not include revisions that may be required as a result of the submittal of the preliminary building permit application. In the event, the building department review results in a need for revisions, the responses will be proposed as an "Additional Service". Permit review fees are not included within our fees. Task E — Construction Cost Estimate: To assist you with preparation of budgets for the project, we shall develop a Construction Cost Estimate for the Project based on the updated Construction Plans. The cost estimate will be based on a takeoff of quantities and unit pricing at that date and time. Task F — Bidding Services: Once all project related design & permitting is complete, we shall coordinate with the IRC Parks & Recreation Division and IRC Purchasing Department to allow for advertising and receipt of construction bids. These services will include the following scope: Bidding Assistance: We shall coordinate to update the bid documents, including the bid form. We shall provide the Parks & Recreation Division Approved Construction Plans to the Purchasing Department for use in Bidding the Project. We shall attend one (1) Pre-bid meeting and assist the County in providing responses to reasonable bidder's questions and issuance of Addenda. b. Bids Review: Following receipt of bids by the Purchasing Department, we shall review the construction bid pricing received from Contractors for accuracy and to determine the ranking of all bids received. Following our review of the submitted bids, we shall Page 2 of 5 41 M J MASTELLER & MOLER, INC. M, — CIVIL ENGINEERS 16S527 1h Street, Ste. 2, Vero Beach, FL 32960 (772)567-5300 provide a Recommendation for Award of the Construction Contract to the lowest responsible bidder. Task G — Construction Administration Services: Once the project's Construction Contract has been executed, we shall provide the following Construction Contract Administration services: a. Construction Contract Administration: Coordination with Contractor during the construction of the project improvements including review of Contractors partial payment estimates. b. Pre -construction Coordination: We shall coordinate the scheduling of and attend the Project's Pre -construction Conference. c. Shop Drawings / Submittals Review: We shall review material shop drawings and submittals for compliance with approved Construction Plans and Technical Specifications. During this process, we shall either stamp the submittals Approved, Approved as Noted, and/or Not Approved (in which case the contractor will need to provide a revised submittal). d. Construction Observation: During construction MM will provide periodic observation of work at our discretion on an as needed basis to clarify Contractor questions and ensure the project is being built in a manner consistent with the approved Construction Plans and technical specifications such that we can certify the construction. (Our construction observation services are not intended to be considered full time.) We will coordinate the required formal inspections of certain construction elements such as wet taps, utility main testing, string line inspections, etc. Formal inspections require forty-eight (48) hours' notice prior to procedure. e. As-builts / Testing Results Review: We will need to be provided with both as-builts and test results as applicable to the project's work and permit requirements. We shall review the as-builts and tests results to confirm the accuracy of construction and to confirm test results were successful. While reviewing the as -built survey, we shall conduct an initial walk-through and develop a punchlist of construction deficiencies. The punchlist shall be provided to the Contractor and the client. Once the Contractor has satisfactorily corrected the punchlist items, we are confident that the site has been constructed in compliance with the permit approvals, and we are provided with all required information, we shall submit a Certification of Construction Completion to permit agencies and request final inspections. In the event the permit agency(ies) prepares a punchlist, we will provide said punchlist to the Contractor in order that the items may be addressed. Once the permit agency's punchlist has been resolved to our satisfaction, we shall notify the permit agency that the site is ready for re -inspection. f. Engineer's Certification: Following successful construction completion, we shall provide Engineer's certifications to confirm the project has been properly completed and to allow for closeout of issued permits. g. Please note we will need to be provided with a separate letter certifying proper completion of required landscaping meeting Indian River County Land Development Regulation 926.12 installation and maintenance standards as required below: Page 3 of 5 42 M J MASTELLER & MOLER INC. 1655 27`h Street, Ste. 2, Vero Beach, FL 32960 M —CIVIL ENGINEERS _ (772) 567-5300 "...the project landscape architect or landscape contractor shall certify in writing the date he or she last inspected the landscape installation and that all installed landscape material that is required by ordinance is Florida No. 1 or better." Fee Schedule: Masteller & Moler, Inc. proposes to provide the above Scope of Services based on the following lump sum fees: Task A — Building Code Compliance Review Masteller & Moler $ 1,210.00 Architect incl. Structure Subs $ 1,650.00 Task B — Update Construction Plans / Technical Specifications Masteller & Moler $ 6,400.00 Architect incl. Structure Subs $ 6,460.00 Electrical Sub -consultant (Site Only) $ 6,600.00 Task C — Approvals / Permits Renewals Masteller & Moler $ 7,930.00 Architect incl. Structure Subs $ 825.00 Task D - Preliminary Building Department Permit Application Masteller & Moler $ 1,120.00 Architect incl. Structure Subs $ 300.00 Task E — Construction Cost Estimate Masteller & Moler $ 12,470.00 Architect $ 5,335.00 Electrical Sub -consultant (Site Only) $ 4,400.00 Task F — Biddine Services Masteller & Moler $ 10,820.00 Architect $ 3,850.00 Electrical Sub -consultant (Site Only) $ 1,100.00 Structural Sub -consultant (Site Only) $ 460.00 Landscape Sub -consultant $ 1,375.00 Task G — Construction Administration Services Masteller & Moler $ 65,000.00 Architect $ 6,600.00 Electrical Sub -consultant (Site Only) $ 4,400.00 Landscape Sub -consultant $ 5,170.00 Reimbursable Expenses estimated $ 3,000.00 FDEP General Wastewater Permit $250.00 review fee is included. No other permit review fees are not included within our fees. Excluded: Site Lighting & Irrigation Contract Inspection & Certification Page 4 of 5 43 MJ MASTELLER & MOLER, INC. M l — CIVIL ENGINEERS Deliverables: 1655 27' Street, Ste. 2, Vero Beach, FL 32960 Deliverables for this project will consist of the following: a. Preliminary Construction Plans 2 Sets b. Cost Estimate 2 Copies c. Permit Application Forms (As Applicable) As Required d. Final Construction Plans (Bid Sets) 4 Sets & PDF e. Related digital AutoCAD and PDF files (772)567-5300 Schedule Upon receipt of the Notice to Proceed and the information to be provided by the County, we shall complete the scope of services for this project on the following schedule: Task Working Days A — Building Code Compliance Review NTP + 30 B - Update Construction Plans / Technical Specifications NTP + 60 C —Approvals/ Permit Renewals B + 90 D — Preliminary Structure Building Permit Application A + 20 E — Construction Cost Estimate D + 30 File# 1756 (1756_IRC-1759_W O1 _AmendIdocx) Page 5 of 5 44 M I MASTELLER & MOLE INC. M — CIVIL ENGINEERS " AMEND NO. 3 TO WORK ORDER NO. 1 (Parks) MANHOURS EXHIBIT - ESTIMATED LUMP SUM FEE TABULATION INDIAN RIVER COUNTY PARKS & CONSERVATION RESOURCES HOBART PARK BASEBALL FIELDS - IRC -1759 CONSTRUCTION PLANS REVISIONS / COST ESTIMATE BREAKDOWN / PERMITTING / PHASE 1 BIDDING ASSISTANCE File#1756 W01 -Amend Manhours Exhibi[.tlsx Wi Principal / PE Project Manager CAD Draftsperson / Designer Field Representative (Inspector) Administrative Total Est. $ 190.00 $ 135.00 $ 110.00 $ 90.00 $ 75.00 Costs Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Task A - Building Code Compliance Review 4 $ 760.00 $ $ - $ 6 $ 450.00 $ 1,210.00 Task B - Update Construction Plans / Technical Specifications 12 $ 2,280.00 $ 32 $ 3,520.00 $ 8 $ 600.00 $ 6,400.00 Task C - Approvals / Permit Renewals 12 $ 2,280.00 $ 35 $ 3,850.00 $ 24 $ 1,800.00 $ 7,930.00 Task D - Preliminary Building Dept. Permit Application 2 $ 380.00 $ 4 $ 440.00 $ 4 $ 300.00 $ 1,120.00 Task E - Construction Cost Estimate 40 $ 7,600.00 $ 32 $ 3,520.00 $ 18 $ 1,350.00 $ 12,470.00 Task F - Bidding Services 18 $ 3,420.00 $ 40 $ 4,400.00 $ - 40 $ 3,000.00 $ 10,820.00 Task G - Construction Administration Services 80 $15,200.00 10 $1,350.00 120 $13,200.00 350 $ 31,500.00 50 $ 3,750.00 $ 65,000.00 MASTELLER & MOLER, INC. Total Est. hrs/cost 168 $ 31,920.00 10 $1,350.00 263 $ 28,930.00 350 $ 31,500.00 150 $ 11,250.00 $ 104,950.00 SUB -CONSULTANT FEE - ELECTRICAL $ 16,500.00 SUB -CONSULTANT FEE - LANDSCAPE ARCHITECT $ 6,545.00 SUB-CONSULTANTFEE- ARCHITECT $ 25,020.00 SUB -CONSULTANT FEE - STRUCTURAL $ 460.00 REIMBURSABLES (not to exceed) $ 3,000.00 TOTAL $ 156,475.00 File#1756 W01 -Amend Manhours Exhibi[.tlsx Wi INDIAN RIVER COUNTY, FLORIDA,. AGENDA ITEM Assistant County Administrator / Department of General Services Date: May 24, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, County Administrator Michael Zito, Assistant County Administrator From: Leigh Anne Uribe, Human Services Program Coordinator Subject: Review and Update to Administrative Policy 908.1, "Indian River County Disposal of Indigent Bodies (Burial and Cremation)" BACKGROUND: Per Florida law, all counties are charged with the burial of unclaimed or indigent bodies at the county's expense. The County is responsible for burying a decedent when the next of kin refuse to claim the body and are not legally responsible for the burial of the decedent. The term "indigent" refers to a person who does not have sufficient property or assets to provide for burial. The law was enacted to ensure that unclaimed or indigent bodies are properly disposed of for public health purposes. On November 22, 2011, the Indian River County Board of County Commissioners adopted Administrative Policy 908.1, Indian River County Disposal of Indigent Bodies (Burial and Cremation), to adhere to the requirements of Chapter 406 of the Florida Statute and provide dignified burial or cremation for persons who are indigent or unclaimed. Except where prohibited by law or regulation, or where a relative has expressed a preference for burial, such service is provided through the use of cremation. The coordination of burial and cremation services is handled through the Human Services Division wherein staff maintains internal operational procedures for implementation of this administrative policy and for working with funeral homes. Over recent years the County has received various requests from participating funeral homes to update the existing policy in order to accurately reflect the current cost incurred by the funeral homes in providing cremation services. Presently, there are four local funeral homes who work on a rotation schedule in coordination with the Human Services Division. A survey of these funeral homes revealed that a direct, or simple, cremation ranges from $1,040 to $2,280 with an average cost of $1,767.25. A direct cremation is the minimal service option available that includes: removal of the decedent, transport to the crematory, the cremation, a basic urn, and no funeral service. 46 A second survey was conducted of indigent burial and cremation policies of surrounding counties in comparison with Indian River County. Per Administrative Policy 908.1, the County's rate of reimbursement to a funeral home for the provision of services is $425. This rate is the lowest among counties surveyed and it is one-fourth the average cost of a direct cremation in the County. County Date of Policy County Cost Brevard 05/03/2016 $450 Indian River 11/22/2011 $425 Okeechobee 04/13/2006 $575 Martin 08/21/2020 $500 St. Lucie 1 11/12/2020 1 $750 ANALYSIS: Upon analysis of the surrounding Counties, staff recommends updating the indigent burial and cremation fee in the Administrative Policy Manual 908.1 from $425 to $750, which is an increase of $325, or 76.5%, per burial. Cremations $425 Current Rate $750 Proposed Rate Budget Increase 49 (10 -year avg.) $20,825 $36,750 $15,925 52(projected FY23 $22,100 $39,000 $16,900 FUNDING: Funding is budgeted and available in the General Fund/Human Services/Indigent Burial Costs account, number 00121164-033171, with $11,825 remaining in the current fiscal year. Should indigent burials exceed the amount funded in FY 2022/23, a budget amendment will be necessary. Account Name Account Number Remaining Budget General Fund/Human Services/Indigent Burial Costs 00121072-033171 $11,825 RECOMMENDATION: Staff recommends that the Board of County Commissioners update the Disposal of Indigent Bodies Policy by increasing the rate of reimbursement to funeral homes for cremation services and authorize necessary budget amendments, if needed. 47 49 52 24 Overnight Lodging. The offices is t0 ,be used as a sleeping premises however, IRC does recognize that V$MC wO be its 24 hour exercises periodically. 3. PjQM=UQR=M in MIARC agrees that the property Itbeft Wised as is and that IRC makes no warranty-or guarantee of the condition of the qty or any of the impt-overnonle. V At Chas e3cs�rtin+3d thei pssarrrisiesand has detertno t#tsst the: premises are suit" for VRAft-"sAurpo—aes- wi 4. Gtr ` LAW VBMC sal comply with ON of .the laws, rules, ordinarx•.M. and togulatiors of ft Ceutdy. State and Federal Govornnwts, and agencies regarding the use of the prernion. VbWon of any law, rule, ordinance w regulation may result in roan a termination of Vitae Woernont. 5• HAWgUME .,AND 8 VSAM: agrees to trtake. aw approved imProvornertt,a to Orbs and MO: td keep said prer oa In sa t> tin ash wive condition duAng the term of:#* 'License Agreemo t VDARC clean "the rvsatt arms 'ths, offico after each visit and clean common meeting spadi after each use VBW AW Make any repoirs to the premises for =damages caused VBARC or its merrlbers or quiests wilier ar reasonable time hum upon request by Upon the expiration of the Licerrso Agit, .Vi shall ars fforrder the p'6 � a w pawably In subslitar ft the Soft ommftn as it was at the out LiMm,: reasonable wear and tlev and dams....b by lhrt elements. ± pted. $. INSTALLATIOWAND REMM, OFjWMNT AND FIXTURESs, Wllh`wrWen permission of IRC, VW, C shall hgOw-ft iW f.iinstall on the premises such eip'ApnisM fixtures and other items necessary :oir go"Miedftr its use of the premises, A#egCt andPhi' used by VBAAC acid l � �, � plOrd"S, ir"WOV ; " ;not affixed t6lile ria sky, shall the pra;" of 'VBARIb. rlElta t rsarhq►9tO same on or before thibIbMination of I* License Agreement, :provided than if rOM results in :damage to of the pr+eWASIk1lBARC shall return the property-Io ar condition Suitable for the' crysded W6 .ort tiff pot of the licensed pioperty. M addition, any and all personal property not aftolad at inotolied in any hWdAV at trtrtntum shall remain VBARC-s3 per►: and nor be rerrrov W an or per tivownWisdisi oft License Agreement, VOW and 118 �VLAM shim!! i' o Walt to..ft t� u ► by asR ,Icloslol to Ito VWA A tib p � putt "memo. ~C may at their: e> re i an.bulft- d� � ie�rlrl�e till► #ut 53: 54 office, No additional Vis, wheOW permanent yr*i't3p-o" SW be pWTMM to QbthW ft 9114m spape ate of ft License AgreemWA -W#mA WCs wIftn Mmard. m INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr. County Administrator Richard B. Szpyrka, P.E., Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Richard Reichenbach, P.E., Project Engineer SUBJECT: Release of Retainage and Change Order No. 1 61st Court Full Depth Reclamation from 47th ST. to 491h ST. (IRC -2216) DATE: May 16, 2023 DESCRIPTION AND CONDITIONS On February 21, 2023 Indian River County Commissioners awarded Bid No. 2023018 to Timothy Rose Contracting, Inc. in the amount of $155,747.50 for the Full Depth Reclamation (FDR) and paving of 61St Court from 47th Street to 49th Street. Other work included mobilization and maintenance of traffic. Change Order No. 1 makes final adjustments to the contract bid items for a decrease to the total contract price by $13,079.25 for a final cost of $142,668.25. Timothy Rose Contracting, Inc. has completed the project and has been paid $135,534.84 with $7,133.41 held in retainage to date. Timothy Rose Contracting, Inc. has submitted Contractor's Application for Payment No. 2 for the amount of $7,133.41 for release of retainage. FUNDING Funding is budgeted and available in: Optional Sales Tax, 6111 Ct. Full Depth Account No. 315-206000-23004 Reclam/Pav/Retainage Timothy Rose $7,133.41 Contracting RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 2 Timothy Rose Contracting, Inc. in the amount of $7,133.41 for release of retainage. 58 Page Two Release of Retainage and CO 1, 611t Court Full Depth Reclamation from 47th Street to 49th Street (IRC -2216) BCC Meeting 6/6/2023 ATTACHMENTS ARE AVAILABLE FOR VIEWING IN THE ENGINEERING DIVISION 1. Change Order 1 2. Contractors Application for Payment No. 2 APPROVED AGENDA ITEM FOR JUNE 06, 2023 C:\Granicus\Legistar5\L5\Tem p\365446d8-986e-47b5-9529-f99bff16f02e.docx 59 SECTION 00942 - Change Order Form DATE OF ISSUANCE: 05/16/2023 IRC -2030 No. 1 EFFECTIVE DATE: 06/06/2023 OWNER: Indian River County CONTRACTOR TIMOTHY ROSE CONTRACTING, INC. Project: 6155 COURT FULL DEPTH RECLAMATION (FDR) FROM 47T" ST TO 49T" ST OWNER's Project No. IRC -2216 OWNER'S Bid No. 2023018 You are directed to make the following changes in the Contract Documents: Description: Final Change Order Reason for Change Order: The project is complete. This change order is to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor Attachments: (List documents supporting change) Description of itemized changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $155,747.50 Net decrease of this Change Order: $(13,079.25) Contract Price with all approved Change Orders: $142,668.25 ACCEPTED: By CONTRACTOR (Signature) Timothy Rose Contracting, Inc. Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: NA Final Completion: 30 Net increase (decrease) this Change Order: Substantial Completion: (days or dates) Final Completion: 0 0 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: NA Final Completion: 30 RECOMMENDED: By: ENGINEER (Signature) Richard Reichenbach, P.E. Date: APPROVED: By: OWNER (Signature) Richard B. Szpyrka, P.E., PW Director Date: Change Order Form — 00942 F:\Public Works\ENGINEERING DIVISION PROJECTS2216 61st CT Resurfacing (47th St to 49th St)\1-Admin\Agenda Items\Change Orders\IRC-2216_CO1_20230606.docx 60 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: 61ST COURT FULL DEPTH RECLAMATION FROM 47TH STREET TO 49TH STREET PROJECT NO. IRC- 2216 BID NO. 2023018 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease 334-1-13 SUPERPAVE ASPHALT CONCRETE(1.5") TRAFFIC C, SP -9.5 TN 25.95 215.00 5,579.25 012 FORCE ACCOUNT LS 1 7,500.00 7,500.00 SUBTOTALS 0.00 13,079.25 61ST COURT FULL DEPTH RECLAMATION FROM 47TH STREET TO CHANGE ORDER NO. 1 49TH STREET TOTAL $13,079.25 WB—Il ad—c p,bi TUGI'cWI—ENG IN E ERIN G DIVISION PROJECTS2022 ft 51 C—d R,I,I .nt N—A--AE—i ,,,d, 11emg\Chenge ONme\Charge 0—W.,N Change ONer 61 on INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andrew Sechen, Land Acquisition Specialist SUBJECT: Right of Way Purchase from Willie James Cobb for 41" Street Left Turn Lane (EB) at US1 DATE: May 16, 2023 DESCRIPTION AND CONDITIONS Willie James Cobb owns a 0.411 -acre parcel of property located at 2155 41ST Street, Vero Beach, FL 32960. The subject property consists of one vacant commercial zoned parcel located along the south side of 41ST Street, between Old Dixie Highway and US1. The properties are zoned CG, General Commercial. Staff contacted Mr. Cobb to purchase 0.07 acres of right-of-way from the parcel. The County obtained an appraisal and the appraised value is $17,400.00 forthe part being acquired from the parcel of General Commercial zoned land. Staff offered $22,400.00 to Mr. Cobb to purchase the property. After a few weeks of negotiations all parties agreed on a $22,400.00 purchase price with the County paying all closing costs estimated at $700.00. FUNDING Funding for this project is programmed into the 2022 Capital improvement Element presented to the Board of County Commissioners on December 13, 2022. Account Name Account Number Amount Optional Sales Tax/ROW/ 41st Street Left Turn Lane (EB) at US1 31521441-066120-14001 $23,100.00 RECOMMENDATION Staff recommends the Board approve the Purchase Agreement in the amount of $22,400.00, with an estimated $700.00 in closing costs to be paid by the County for purchase of the 0.07 acres of the property located at 2155 41st Street, Vero Beach, FL 32960, and authorize the Chairman to execute the purchase agreement on behalf of the Board. The Legal Department recommends Jason Beal at Atlantic Coastal Title Company, LLC handle the closing. ATTACHMENTS Cobb Purchase Agreement APPROVED AGENDA ITEM FOR: June 6t'', 2023 62 AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND WILLIE JAMES COBB THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the _ day of , 2023, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Willie James Cobb, ("the Seller) who agree as follows: WHEREAS, the Seller owns a lot with a physical address of 2155 41 st Street, Vero Beach, FL 32960, and is depicted on the aerial photo attached as Exhibit "A"; and WHEREAS, the 0.41 acre lot is vacant and unimproved and is located at the southwest corner of 41 st Street and 21 st Avenue; and WHEREAS, the County needs to acquire 0.07 acres (2,900 square feet) of the lot from the Seller for improvements to 41 st Street; and WHEREAS, the County is currently purchasing property from willing sellers for the 41st Street improvements. NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Recitals. 1.1 The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. 2.1 The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real and more specifically described in the legal description attached as Exhibit "B", fee simple, containing a total of approximately 0.07 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (hereinafter, the "Property"). 3. Purchase Price, Effective Date. 3.1 The purchase price ("Purchase Price") forthe Property shall be $22,400.00 (Twenty - Two Thousand, Four Hundred and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the 63 Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 4. Title. 4.1 Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 4.2 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within thirty (30) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 5. Representations of the Seller. 5.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 5.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 5.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 6. Default. 6.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice and delivered to the County at or prior to the Closing Date and there upon the Seller shall 2 64 have no claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 6.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 7. Closing. 7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 4. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 7.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 8. Personal Property. 8.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 9. Closing Costs; Expenses. 9.1 County shall be responsible for preparation of all Closing documents. K 65 9.2 County shall pay the following expenses at Closing: (a) The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. (b) Documentary Stamps required to be affixed to the warranty deed. (c) All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 9.3 Seller shall pay the following expenses at or prior to Closing: (a) All taxes or costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 10. Miscellaneous. 10.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 10.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 10.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 10.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service orfacsimile transmission, as follows: If to Seller: Willie James Cobb 4204 24th CT Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Andrew Sechen 4 66 Either party may change the information above by giving written notice of such change as provided in this paragraph. 10.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 10.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 10.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 10.8. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 3. 10.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. [Signatures to Follow on Next Page] A 67 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. WILLIE JAMES COBB By: Willie James Cobb Date Signed: ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph H. Earman, Chairman Date Signed: Indian River County Administrator By: John Titkanich, Jr. County Administrator 6 68 EXHIBIT "A" 69 Parcel ID 323926000080000000:1.4 PropiD 50365 Owner Sec/Twp/Rng 26-32-39 Class 1000 -Vacant Address Property 215541STST Commercial Address VERO BEACH Acreage 0.41 District iiNTY• NO SE3AS7UJ+ W"T. = Brief Tax Description W"SUBDIVISIONLOTS 11,12AM18M236 (Note: Not to be used on legal documents) Date created 2'1412023 Last Data Uploaded: 2/14/20238:03:45 AM Developedbill Sctu>3ider 0EosvATIAL -- Street Center lines _1 Municipal Boundar* IRC Private_Schob' Owwnment Fadiitin -*IPEDERAL. = 1jiGOVEft~ • .COUNTY iAGK � BRL7THE�R5 WVERNMb13' At., I,OC AL WVERNMENT j CATION :1AW 11WORCEMENT 1M PARK • CWPARK SPATRAMP 4: CANOELAUNCH + CANOE LANDING Ala f Courses ;,'water COBS VA" - Last 2 Sales 70 EXHIBIT "B" 71 1NDI RIVER .LINTY BEING A PARCEL OF LAND LYING IN PORTION'S OF LOTS 111 AM 12, ACCORDING TO THE PLAT OF EPSY'S SUBDIVISION, AS RECORDED IN PLAT BOOK Z PAGE 36. PUBLIC RECORDS OF ST. LUCIE4 OUNTY. FLORIDA, SAID PARCEL NOW LYING AND BEING IN RIVER 0OUNTY, FLORIDA, SAID PARCEL BEING MORE PAKrJCUL^IWY DESCRIBED AS FOLLOWS: BEt'3DO04G AT THE NORTHEAST CORNSR SAID -LOT 17, THENCE SOUTH GV~ I Ai ONG THE EAST LINE OF SAID LOT 1&1 THE WEST RIGHT OF WAY LINE C1F21MAVENUESIG A 30.00 FOOT WEI WAY)A DISTANCE OF 45.00 FEET; THENCE DVARTING THE EAST LINE OF SWI.QT 12, 061 145°06'2T WEST, AC A 9"7 FEET;; NORTH 89"55'11}"' WEST; ALONG A -LINE THAT IS 26.00 FEETSOLITMI OF, AND PARALLEI.'VM, AS MEASURE? ATRIGHT ANGLES TO, THE NORTH LINE OF SAID LOTS 11 AND IZA,DISTANCEOF 88M FEET TO THE WEST I, OF SAID LOT 11; � NORTH 00°17'W WEST. ALONG SAID WEST LNEA DISTANCE OF WA FEET TOTHE NORTHWEST CORN�t)F SAID LOT 11; THENCE SOUTH 89`5516" EAST, ALONG THE NORTH LINE OF SAID LO'P'S 11 AND 12, SAID LINE ALSO BEING THE St?IJEtH RIGHT OF WA'Y LINE OF 41$t STREET (SOUTH GIFFORD ROAD) BEING A 55.0 FOOT WIDE RIGHT OF YafIkY, SAID LINE; Som- 10 ET SOUT4�# FARALLE�,. �WT#� AS MEi�t' AT Rt AMLES TO, THE SOUTH LINE 1>F' T iSDRTHVItE 4NE�LIIt SECTION 26, MiiP 32 SE3 ift AWGE 39 Ems, A ftTAkC9 OF 106.00 FEET TO THE POINT OF 8138060 CONTAINING 2,W0 S0"A(8 B!`At 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PAM, WITH THE BENEFIT OF A RIGHT OF WAY ACQUISITION EST PREPARED BY THE INDIAN RIVERCOUNTY 0UOL14 WORKS"9EPARTMW, SURVEY SFCTION. PROJFCT Na 135% DAM APRIL 30, 2015. 2). THIS LEGAL DESCRIPTION SHALL NOT BE VAUD UNLESS' (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS. WITH SHEET SHOWING THE SKETCH OF DESCRNnVk. (B) REPRODUCTIONS OF THE DESMP'FM AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEM. 8). THE BEARINGS -SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 4W. ADJ iT qF SI311. N ARE PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EASY ZONE ANDAM FIEFIRENCED TO THE BASELINE OF SURVEY OF OLD DIXIE HIGHWAY (COUNTY ROAD 605), AS SHOWN ON PLAT BOOK $4, POSE 84, PUBLIC RECORDS OF INDIAN RIVER COUNTY,:FLORILM. IrA4L? LINE BEARS NORTH 15° 15'55". WEST AND ALL EITFIERS ARE RELATIVE THERETO. + mMoon #W..VAUDVM%Qi THE SIGNATURE AND ORIGINAL WzN.D0AnA -AND MAPPER) I HGFWCM UWTMIATT 9KE'MAMLOO iLDESCRPTIM OF THE PROPERTY IAi1bRID HERB(ItIIOClMITED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRIM O0FdtW'i'T$THE BEST OF MY KNOWLEDGE AND SET, I FURTHI R-CEIMIFY THATTM SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACME FOR SURVEYS &FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SUR 'ORS AND MAPPERS UCHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTON MW FLORIDA STATESTATU` E& Legend and Abbreviations CS = CHORD BEARING GH =CHORD DISTANCE . D = DELTA ANGLE I,R.F.W.C.M = INDIAN RIVER FARMS. : WATER CONTROL DISTRIDI" L = LENGTH OF ARC O.R.BA OFFICIAL RECORD BOOK P.B. =PLAT BOOK P.B.S.= PLAT BOOK ST. LUCIE PEI. -PAGE R = RADIUS This is not a DA1 11 DATE OS11111111111m :. DAVID PROFESSIONAL$( FLORIC>,>tt4iT1I11E N4rLJII INDIAN RIVER COUNTY, FL GALL' N SHEET: 1 OF 2 ►nr.h end Lai ib MOM By. ]NDIAN FUVER COUNTY, (Parte 32- 39- 26-00008-0000-00010.0 OLD DIXIE 4086 LLC. 4086 OLD DIXIE WGHWAY LOT 10 Not to Scale This is not a w 0 J W 1:3 1^ I 32-39-26-00008-0000-OOD11.0 MAWE JAMES C098. 4 LOT 13 F O t% RI { z r*r LOT 13 LQ INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr. County Administrator Richard B. Szpyrka, P.E., Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Richard Reichenbach, P.E., Project Engineer SUBJECT: Final Payment, Release of Retainage and Change Order No. 2 Indian River County Tax Collector's Office Expansion, IRC -2030 DATE: May 16, 2023 DESCRIPTION AND CONDITIONS On January 18, 2022 the Board of County Commissioners awarded Bid No. 2022018 to Don Hinkle Construction Company, Inc. (DHC) for the Tax Collector's Office Expansion in the amount of $523,062.36 for the remodel and addition of approximately 1,450 S.F. enclosure of an existing covered patio. A notice to proceed was issued on June 20, 2022 with a contract time of 150 days to final completion. The design plans and specifications for this expansion were prepared by Edlund, Dritenbas, Binkley Architects & Associates, P.A. Change Order No. 1 was issued to Don Hinkle Construction, Inc. on July 5, 2022 in the amount of $91,157.40 to perform renovations within the Human Resources Office to accommodate additional staff for operational needs for a total contract price of $614,219.76 and 180 days to final completion. Change Order No. 2 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $3,015.73 for a final cost of $611,204.03. Don Hinkle Construction, Inc. has completed the project and has been paid $579,470.58 with $30,498.45 held in retainage to date. Don Hinkle Construction Inc. has submitted Contractor's Application for Payment No. 6 for the amount of $31,733.45 for final payment and release of retainage. m jNnIN(; Funding is budgeted and available in: County Impact Fees/Administration Building B Account No. 103-206000-20036 Expansion/Retainage — Don Hinkle Construction $30,498.45 County Impact Fees/Administration Building B 10322019-066510-20036 Expansion $1,235.00 74 Page Two Final Payment, Release of Retainage and CO 2, Indian River County Tax Collector's Office Expansion (IRC -2030) BCC Meeting 6/6/2023 RECOMMENDATION Staff recommends approval of Change Order No. 2 and payment of Contractor's Application for Payment No. 6 to Don Hinkle Construction Inc. in the amount of $31,733.45 for final payment and release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN THE ENGINEERING DIVISION 1. Change Order 2 2. Contractors Application for Payment No. 6 APPROVED AGENDA ITEM FOR JUNE 06, 2023 C:\G ran i c u s\Legi sta r5\L5\Te rn p\69feY71-6a 9-43 a 7-86da-900a4343c8d9.docx 75 SECTION 00942 - Change Order Form DATE OF ISSUANCE: 05/02/2023 IRC -2030 No. 2 EFFECTIVE DATE: 06/06/2023 OWNER: Indian River County CONTRACTOR Don Hinkle Construction, Inc. Project: TAX COLLECTOR OFFICE EXPANSION OWNER's Project No. IRC -2030 OWNER'S Bid No. 2022018 You are directed to make the following changes in the Contract Documents: Description: Final Change Order Reason for Change Order: The project is complete. This change order is to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor Attachments: (List documents supporting change) Description of itemized changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $523,062.36 Net Increase (Decrease) from $91,157.40 previous Change Orders No. 1 to 150 1: Contract Price prior to this Change $614,219.76 Order: 30 Net decrease of this Change $3,015.73 Order: Contract Price with all approved $611,204.03 Change Orders: 150 ACCEPTED: By: CONTRACTOR (Signature) Don Hinkle Construction Company, Inc Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 120 Final Completion: 150 Net change from previous Change Orders No. 1 to 1: (days) Substantial Completion: 30 Final Completion: 30 Contract Time prior to this Change Order: (days or dates) Substantial Completion: 150 Final Completion: 180 Net increase (decrease) this Change Order: (days or dates) Substantial Completion: 0 Final Completion: 0 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 150 Final Completion: 180 RECOMMENDED: By: Project Manager (Signature) Richard Reichenbach, P.E. Date: APPROVED: By: OWNER (Signature) Richard B. Szpyrka, P.E., Public Works Director Date: Change Order Form — 00942 \\fileserve2.admin.com\public\Public Works\ENGINEERING DIVISION PROJECTS\2030 Tax Collector Office Expansion Bldg B\1-Admin\Project Closeouffinal Change Ord a r\I R C-2030_CO2_20230502.do cx 76 CHANGE ORDER NO. 2 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: Tax Collectors Building Expansion - Building B PROJECT NO. IRC- 2030 BID NO. 2022018 item No. Description Unit Quantity Unit Price Price Increase Price Decrease WCD-1 REMOVE WINDOW & CREATE CASED OPENING LS 1 4,858.74 4,858.74 WCD-2 ADD BUILD OUT INTERIOR WALL LS 1 6,400.94 6,400.94 WCD-3 ELECTRICAL CHANGES BY REQUEST LS 1 29,787.30 29,787.30 WCD-4 DUCTWORK MODIFICATIONS LS 1 13,052.04 13,052.04 WCD-5 REMOVE EXISTING CARPET LS 1 7,416.58 7,416.58 WCD-6 ELECTRIC OUTLETS & FIRE EXTINGUISHER LS 1 1,417.50 1,417.50 WCD-7 PROVIDE & INSTALL RECEPTION DESK COUNTER TOP LS 1 4,816.17 4,816.17 WCD-8 CONNECT NEW DESKS TO EXISTING POWER CIRCUITS LS 1 1,235.00 1,235.00 012 FORCE ACCOUNT LS 1 72,000.00 72,000.00 SUBTOTALS —7 68,984.27 72,000.00 Tax Collector Building Expansion - Building B. CHANGE ORDER NO. 2 TOTAL $3,015.73 MI—.edmin.c %d,bticWUNk Wd-ENGINEERING DIVISION PRO—SO—LN St—Re0-1 A 90th A.\l Ad., nVg,dd, I—MChm, Ord—C—,,d OM., t\r-Change Order 77 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director PREPARED BY: Eric Charest, Natural Resources Manager SUBJECT: Post Significant Erosional Event Rapid Land and Hydrographic Beach Profile Surveys DATE: May 22, 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 coastline of Indian River County is subject to erosional impacts from high energy wind and wave events, as such, accurate measurements of said impacts are essential in order for the County to seek potential funding sources to help defray the costs of potential dune/beach repair efforts. The proposed Work Order No. 4 from M&E provides for up to two (2) post -significant erosional event beach profile surveys (Onshore/Offshore) that are necessary to quantify the dune/beach erosion impacts to our County. The results of the survey will also be offered to the Florida Department of Environmental Projection and Federal agencies as documentation of losses if beach recovery funding becomes available. County staff is seeking BCC approval for up to two (2) post -erosional beach profile surveys should the need arise. Approving these efforts up front will save valuable time in reacting after an event, and will better position the County for a rapid response. Work Order No. 4 from M&E for 2 post -erosional County -wide (Management Sectors 3 through 8) beach surveying events totals $120,000.00. FUNDING Partial funding for this expenditure would come from FEMA project accounts that would be set- up once a storm or erosional event is identified and a Project Worksheet (PW) is written. Any remaining funds necessary to cover this expense would be provided by the Beach Restoration Fund. 78 Page 2 Post -Significant Erosional Event Beach Profile Survey June 6, 2023 BCC Agenda Item COMMENDATION The recommendation of staff is for the BCC to approve Work Order No. 4 to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc., in the amount of $120,000.00 and authorize the Chairman to sign the Work Order on behalf of the County. Public Works Department Coastal Engineering Division staff will not authorize the contractor to perform any surveys covered in this Workorder unless field conditions justify the expenditure. ATTACHMENTS Morgan and Eklund Post -Hurricane WO No. 4 Work Order No. 4 Agreement Execution APPROVED AGENDA ITEM FOR: June 6, 2023 79 RE: Work Order #4, RFQ 20220649 Contract Dated 10/4/2022, Post -Storm 2023 Onshore/Offshore Beach Profiles from R-20 to R-119, Indian River County, FL 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. M&E will provide the County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor. Work will begin upon notice to proceed from IRC after each storm event, if applicable. Our price will be as follows: I. Post -Storm Event #1 100 Onshore/Offshore Beach Profiles @ $600/Line ............................. $ 60,000.00 H. Post -Storm Event #2 100 Onshore/Offshore Beach Profiles @ $600/Line ............................. $ 60,000.00 As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River County on this project. 80 Sincerely, David W.�C.9 in dnywww. DN:MD. W. Coggin, 1d gan and 0dwd Ino ou, Coggin :`U�'�'„�w�a°�` David W. Coggin, PSM Vice President DWC:dmc Billing: project will be invoiced monthly Indian River County 2 5/22/2023 81 Board of County Commissioners Administration - Building A 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: Post Hurricane Ian Beach Profile Monitoring Surveys WORK ORDER NO. 4 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with Contract No, 2022064 This Work Order No. 4 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. 4 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 4 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the Post Storm 2023 Onshore/Offshore Beach Profile Monitoring Surveys; Florida Department of Environmental Protection Reference Monuments R- 20 — 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. 4; 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 82 Post Storm 2023 Beach Profile Surveying BCC Agenda June 6, 2023 Page 2 of 3 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, II, III and IV of this Work Order No. 4, for a total lump sum fee of $120,000.00. 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. 4 (WO 4), Contract Number (2022064). Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 2022064 with the COUNTY and as stated in Section II, III and IV hereon. 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. 83 Post Storm 2023 Beach Profile Surveying BCC Agenda June 6, 2023 Page 3 of 3 IN WITNESS WHEREOF the parties hereto have executed these presents this of 2023. OWNER Morgan and Eklund, Inc. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) Joseph Earman Chairman Approved by BCC ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller (Seal) Deputy Clerk Approved: John A. Titkanich, Jr. COUNTY Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal Deputy COUNTY Attorney (Signature) (Printed name and title) Witnessed by: (Signature) day �Y I CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Traffic Monitoring System Technology Update Project FDOT Project Funding Agreement DATE: May 19, 2023 DESCRIPTION AND CONDITIONS Indian River County has a Traffic Signal Maintenance Compensation Agreement (TSMCA) with the Florida Department of Transportation (FDOT) to receive compensation for maintenance of FDOT traffic signals within Indian River County. The TSMCA includes maintenance of vehicle detection camera systems (detection systems). Several of the FDOT detection systems maintained by Indian River County are end of life with replacement parts no longer available. Detection systems currently in use experience detection issues from glare, shadows, and dirty camera lenses. Camera cleaning is typically performed on a quarterly basis and more frequently at intersections near the coast. The County has recently installed Forward Looking Infrared Radar (FLIR) cameras. The FLIR cameras do not have the issues experienced with the existing detection systems. At the County's request, FDOT added a project in their work program to fund the County's replacement of several detection systems. FDOT funding will allow the replacement of detection systems at nine intersections. The County intends to purchase the cameras using the FDOT Traffic Equipment Agency Term Contract. The detection systems will be installed by County Traffic Division staff. The County will be reimbursed by FDOT for the cost of the detection systems. Intersections along the coastline were selected for replacement as the existing detection systems at these locations require more frequent cleaning. The new FLIR detection systems will reduce the frequency of camera cleaning which in turn will reduce false detection from glare and shadows. FUNDING Current funding of $225,000 is available in Optional Sales Tax/Traffic Camera Replacement Program - Account #31521441-066510-21015. Account Name Account Number Amount Optional Sales Tax/Traffic Camera Replacement Program 31521441-066510-21015 $225,000 RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached State Highway System Project Funding Agreement with the FDOT for $225,000 and adopt the attached resolution authorizing the Chairman to execute the same. Attachments: Traffic Monitoring System Technology Update Resolution State Highway System Project Funding Agreement — Traffic Monitoring System Technology Update Agenda Item for June 6. 2023 85 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT FPN: 441697-1-58-01 Fund: DDR FLAIR Category: 088716 Org Code: 55044040464 FLAIR Obj: FPN 120 Fund: _ Org Code: Fund: _ Org Code: FLAIR Category: FLAIR Obj: FLAIR Category: FLAIR Obj: County No: 88 Contract No: Vendor No: F-596-000-674 This Project Funding Agreement ("Agreement") is entered into this day of , (the "Effective Date") between the State of Florida Department of Transportation, an agency of the State of the Florida (the "Department") and the _Indian River County , a governmental entity existing under the laws of the State of Florida (the "Agency" also referred to as the "County") (each a "Party" and collectively, the "Parties"). The Parties agree as follows: 1. Authority. Section 339.12, Florida Statutes, authorizes the Department and other governmental entities in the State of Florida to enter into agreements by which the governmental entity agrees to perform a highway project or project phase in the Department's adopted work program that is not revenue producing and the Department agrees to reimburse the other governmental entity for the costs of the project. Section 339.12(4), Florida Statutes, also authorizes the Department and other governmental entities in the State of Florida to enter into agreements by which the governmental entity agrees to perform a project or project phase not included in the adopted work program, but which is a high priority of the governmental entity, reimbursement for the costs of which may be made by the Department from funds appropriated by the Legislature pursuant to section 339.135(5), Florida Statutes. The governing body of the Agency has authorized the Agency to perform the project or project phase identified in this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide the terms and conditions under which the Agency will perform _Traffic Monitoring System Technology Update(the "Project"). The Project is more particularly described in Exhibit A to this Agreement. 3. The Project. The Agency agrees to perform and complete the Project in a satisfactory, timely and proper manner in accordance with all applicable laws and the terms and conditions of this Agreement. Exhibit A describes the scope of work to be performed by the Agency and provides a proposed schedule for the Project. The Project scope in Exhibit A identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of Project scope elements. All Project activities must be consistent with the scope described in Exhibit A. An amendment to this Agreement is required for any proposed change in the scope of work. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department. Page 1 of 29 86 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT 4. Term of Agreement. The term of this Agreement and the period for performance of the Project under this Agreement extends from the Effective Date through June 30, 2025 (the "Completion Date"). If the Agency does not complete the Project on or before the Completion Date, this Agreement will expire, unless the Completion Date is extended by an executed amendment to this Agreement. Expiration of this Agreement will be considered termination of the Project. 5. Project Costs. a. The estimated cost of the Project is $ 225 000.00 (the "Project Estimate"), and is allocated among the Project activities in the Project Budget in Exhibit B. An amendment to this Agreement is required for any re -budgeting of Project funds provided under this Agreement. b. The total Department funding available for the Project is TWO HUNDRED TWENTY FIVE THOUSAND DOLLARS AND NO CENTS ($_225,000.00 ), as more fully described in Exhibit B ("Department Funding"). The Department Funding may be increased or reduced following receipt of the actual bid amounts for the Project by execution of an amendment to this Agreement. The Agency agrees to bear all costs it incurs to complete the Project in excess of the Department Funding. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of an amendment to this Agreement. The Agency acknowledges and agrees that funding for this project may be reduced upon determination of the Agency's contract award amount. C. Project costs incurred by the Agency prior to the Effective Date or after the Completion Date or other termination of this Agreement will not be eligible for reimbursement by the Department. If the Project is not included in the first year of the Department's adopted work program for the state fiscal year that includes the Effective Date, it is understood that Department participation in eligible Project costs is subject to: i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; and ii. Availability of funds as stated in paragraphs 7.g. and Th. of this Agreement; and iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement. 6. Requests for Reimbursement. a. Requests for reimbursement by the Agency shall include an invoice, progress report and supporting documentation for the period of work being billed that are acceptable to the Department. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit C, Contract Payment Requirements. Requests for reimbursement and supporting documentation shall be submitted by the Agency in Page 2 of 29 87 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT detail sufficient for a proper pre -audit and post -audit based on the quantifiable, measurable, and verifiable units of deliverables identified in Exhibit A. Supporting documentation must substantiate the amount of progress made on the Project in a quantifiable, measurable, and verifiable manner, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. Supporting documentation must also establish to the Department Project Manager's satisfaction that deliverables were received and accepted in writing by the Agency and must also establish that the required minimum level of service to be performed and criteria for evaluating successful completion have been met. The Agency shall submit requests for reimbursement to the Department no more often than monthly and no less than once every 90 days (quarterly). If the Agency fails to submit quarterly invoices to the Department, and such failure results in the loss of state appropriation authority, the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. b. ® Travel expenses are NOT eligible for reimbursement under this Agreement. ❑ Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. If compensation for travel is authorized under this Agreement and by the Department's Project Manager, the Department shall not compensate the Agency for lodging/hotel expenses in excess of $150 per day (excluding taxes and fees). The Agency may expend its own funds to the extent lodging/hotel expenses incurred by the Agency, its consultants, or contractors, exceed $150 per day. The Department, in its sole discretion and pursuant to its internal policies and procedures, may approve reimbursement to the Agency for lodging/hotel expenses in excess of $150 per day. C. The Agency must submit the final invoice on the Project to the Department within 120 days of the Completion Date or completion of the Project, if earlier. Invoices submitted after the 120 -day time period may not be paid. d. ❑ If this box is selected, the Project is not included in the first year of the Department's adopted work program for the state fiscal year that includes the Effective Date. The Department will only reimburse the Agency in accordance with section 339.12, Florida Statutes. The Agency will not invoice the Department for Project costs until July 1 of the state fiscal year(s) the Project is scheduled in the Department's work program as of the Effective Date. After receipt of properly documented invoices and supporting documentation as otherwise required in this Agreement, payment(s) will be made to the Agency to reimburse eligible Project costs in annual amounts equal to the amounts programmed in the Department's adopted work program in each state fiscal year, up to the amount of eligible Project costs incurred after the Effective Date. 7. Payment. a. Subject to other provisions of this Agreement, the Department will reimburse the Agency for eligible Project costs, up to the amount of the Department Funding. Notwithstanding any other provision of this Agreement, the Department may elect by written notice not to make a payment if: Page 3 of 29 88 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT i. The Department determines that the Agency has misrepresented a material fact in any documents submitted to obtain the Department Funding under this Agreement, or any document or data furnished pursuant to this Agreement; ii. There is any pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or payments for the Project; iii. The Agency takes any action on the Project which, under this Agreement, requires the approval of the Department or makes a related expenditure or incurs related obligations without Department approval when required; iv. There has been any violation of the conflict of interest provisions contained in this Agreement; or V. The Department determines the Agency is otherwise in default under any provisions of this Agreement. b. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. ❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit D, Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. C. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Agency shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non- performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the Department for the retained amount during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained will be forfeited at the end of the Agreement's term. d. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned Page 4 of 29 89 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. e. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. f. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. g. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. h. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 8. Records. a. The Agency shall establish for the Project, consistent with the Department's program guidelines/procedures, separate accounts to be maintained within its existing accounting system or separate independent accounts ("Project Accounts"). The Agency shall charge to the Project Accounts all eligible costs of the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed Department funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges, as described in Exhibit C, Contract Payment Requirements. b. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Page 5 of 29 90 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Agency's contractors and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the required retention period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C. The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to access the Project site; inspect all work, materials, payrolls, and records; and to audit the books, records and accounts pertaining to the financing and development of the Project. d. For any project requiring additional right-of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project in a format and at such time as required by the Department. e. The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the Project as the Department may require, including those documents listed in Exhibit J to this Agreement. The Department may, at its discretion, require a progress report on a monthly basis. The progress report will include details of the progress of the Project towards meeting the requirements of the Agreement. 9. Design and Construction Standards; Required Approvals. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD), as more specifically provided in Exhibit E, Terms and Conditions of Construction. The Agency shall submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. a. Permits. The Agency is responsible for obtaining all permits necessary for the Project that have not been separately obtained by the Department prior to the Effective Date. b. Qualified Contractors. The Agency shall hire a qualified contractor using the Agency's normal competitive bid procedures, modified as necessary to comply with the requirements of this Agreement, to perform the construction work for the Project. The Agency shall award the contract for construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state law, rules, and regulations. The Agency shall submit a copy of the bid tally sheet(s) and awarded bid contract to the Department. C. CEI. The Agency is responsible for provision of Construction Engineering Inspection (CEI) services. The Agency shall hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Trak Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards Page 6 of 29 91 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Agency may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Agency staff that meet the requirements of this paragraph, or a combination thereof. d. Design. If the Project includes design work, the Agency is responsible for the preparation of all design plans for the Project required to deliver the Project. The Agency shall hire a Department pre -qualified consultant for the design phase of the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices and the AASHTO Policy on Geometric Design of Streets and Highways. e. Consultant Conflicts of Interest. The Agency shall comply with the Department's current Conflict of Interest Procedure in employing consultants for the Project (currently Department Procedure 375-030- 006). f. Department Plans Review. The Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will provide the Agency with written approval of any approved portions of the Project plans and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will provide the Agency with a written approval of the remaining Project plans. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department. Because the Project will be located on, under or over Department -owned right-of-way, the Department shall review the Project's design plans for compliance with all applicable standards of the Department, as provided in Exhibit E, Terms and Conditions of Construction. In its sole discretion, the Department may reject designs which it determines do not meet Department standards. g. Final Plans. The Agency will provide copies of the final design plans and specifications and final bid documents to the Department's Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. Bonds and Guaranty of Payment of Claims. The Agency shall require the Agency's contractor to post a payment and performance bond in accordance with applicable law and the Department's Standard Specifications for Road and Bridge Construction (2020), as amended. The Agency shall require the Agency's contractor to guaranty the payment of all just claims for materials, supplies, tools, or labor and other just claims against him or any subcontractor, in connection with the performance of the Project. The Department's final acceptance and payment shall not release the contractor's bond until all such claims are paid or released. L Performance of Construction Work. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Agency and Department standards. Page 7 of 29 92 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT j. Public Safety. The Agency is responsible for ensuring the safety of the public during all phases of Project construction. The Agency and its contractors shall request authority to and take appropriate action to restrict or prohibit travel on any public road when required to protect the traveling public. The Agency shall follow Department procedures for road closures. Notwithstanding anything to the contrary in any Department or other governmental procedure, if the Agency, or its contractors, become aware of circumstances related to the Project that could present an imminent risk of harm to the travelling public, the Agency shall, and shall require its contractors to, immediately take all appropriate steps to protect the public, including requesting immediate closure of any transportation facility. k. Completion of Construction. Upon completion of the work authorized by this Agreement, the Agency shall certify to the Department in writing, in the form attached as Exhibit F, that construction of the Project has been completed. For all Project work that originally required certification by a professional engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a professional engineer, the form of which is attached as Exhibit G. If any deviations are found from the approved plans, the certification shall include a list of all deviations and the justification for each deviation. 1. As -Built Plans. The Agency shall provide the Department with as -built plans of any portions of the Project funded through this Agreement prior to final inspection. 10. Termination and Suspension. a. Generally. If. (i) the Agency abandons the Project; (ii) the Agency fails to comply with applicable law or the terms of this Agreement; or (iii) for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. b. Actions Upon Termination or Suspension. Upon receipt of any final termination or suspension notice from the Department, the Agency shall proceed promptly to carry out the actions required in such notice, which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the Project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and, (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 11. Contracts of the Agency. a. Approval Required. Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, Page 8 of 29 93 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. Consultant Services. The Agency acknowledges and agrees that any Project consultant contract for engineering, architecture or surveying services must be procured in compliance with the provisions of Chapter 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all applicable project agreements funded under this Agreement. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act. C. Design and Construction Services. Except as otherwise authorized in writing by the Department, the Agency shall include the applicable provisions required by all applicable Department procedures, guidelines, manuals, standards, and directives in all contracts for design and construction of the Project. d. Preference for State Residents. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project fifty (50) percent or more of the cost of the Project is to be paid from state -appropriated funds, the Agency must comply with the requirements of Section 255.099(1), Florida Statutes. e. Force Account Work. ❑ If this box is checked, the Agency is permitted to utilize its own forces in performing the Project. If the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). f. Claims and Requests for Additional Work. The Agency shall have sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBE's, as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part under this Agreement. The Agency shall, and shall require its contractors to, take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that DBEs have the maximum opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. If the Project includes construction, the provisions of this paragraph are part of this Agreement. The Agency agrees to maintain any portion of the Project not located on the State Highway System for its useful life. For any improvements constructed by the Agency on Department right-of-way, the Agency ® shall Page 9 of 29 94 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT ❑ shall not maintain the improvements located on the Department right-of-way made for their useful life. If the Agency is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, the Agency shall, prior to any payment under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. This provision will survive termination or expiration of this Agreement. 14. Project Property. a. Upon final acceptance of the Project, all portions of the Project that form a part of the State Highway System will be owned by the Department. The Agency agrees to execute any documents reasonably required by the Department to evidence such ownership. b. Tangible Personal Property. ® This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. or: ❑ This contract includes the purchase of Tangible Personal Property as defined in Chapter 273, Florida Statutes, and is acquired in accordance with Rule 60A-1.017, Florida Administrative Code. The specific property(ies) and line item cost(s) is(are) detailed in Exhibit H, and will be subsequently transferred to and controlled by the Department upon completion of services or end of the contract, whichever occurs first. Upon receipt of property, the Agency shall forward to the Department a copy of the purchase invoice/property description/serial number and date of receipt. The Department will forward inventory control label(s) to be affixed to all property. The Agency will accommodate physical inventories required by the Department. 15. Restrictions, Prohibitions, Controls, and Labor Provisions. During the performance of this Agreement, the Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract entered into pursuant to this Agreement: a. Convicted Vendors. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendors. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, Page 10 of 29 95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT 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. C. Certificates of Qualification. An entity or affiliate who has had its Department issued certificate of qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Code of Conduct. The Agency has established, and will maintain, a written code or standard of conduct applicable to its officers, employees, board members or agents, and those individuals' relatives, that prohibits their involvement in the selection, award, or administration of any contract in connection with the Project if they have a present or . potential financial or other significant interest therein and prohibits the acceptance of any gratuity, favor, or other thing of monetary value from any person interested or involved in the performance of work on the Project. e. Unauthorized Aliens. The Department shall consider the employment by the Agency of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Agency knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. E E -Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and ii. Expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the contractor or subcontractor during the Agreement term. 16. Indemnification and Insurance. a. Indemnification. To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify and hold harmless the Department, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. b. Agency Contracts. The Agency agrees to include the following indemnification clause in all contracts with contractors, subcontractors, consultants, or subconsultants who perform work in connection with this Agreement (modified to appropriately identify the parties): "The Agency's contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, Page 11 of 29 W11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." C. Workers' Compensation. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If contracting for any of the work, the Agency shall ensure that its contractors have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), the Agency shall ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. d. General Liability. If the Agency elects to self -perform the Project, and such self -performance is approved by the Department in accordance with the terms of this Agreement, the Agency may self -insure and proof of self-insurance shall be provided to the Department. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Agency shall or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. e. Railroad Protective Liability. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Page 12 of 29 97 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. L Utilities. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. g. Insurance Requirement Updates. To the extent the Department's Standard Specifications for Road and Bridge Construction, as revised at the time the Agency enters into any contract for construction of the Project, require higher or different insurance coverages, the requirements of the Standard Specifications shall control. 17. Legal Requirements. a. General. The Agency acknowledges that legal requirements are subject to change and agrees that the most recent requirements shall govern its obligations under this Agreement at all times. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations. b. Equal Opportunity and Non -Discrimination. In connection with the carrying out of the Project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin and will comply with all statutes and implementing regulations relating to nondiscrimination. C. Environmental Regulations. Execution ofthis Agreement constitutes a certification bythe Agency that the Project will be carried out in accordance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non- compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. d. Compliance with Public Records Laws. The Agency agrees to comply with all provisions provided in Chapter 119 Florida Statutes. If the Agency receives a public records request concerning its work undertaken pursuant to this Agreement, the Agency must take appropriate action as required by Chapter 119, Florida Statutes. The Department reserves the right to unilaterally cancel this Agreement for Page 13 of 29 98 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT refusal by the Agency, contractor, sub -contractor, or materials vendor to comply with the provisions of Chapter 119, Florida Statutes. e. Right of Way. If the Project includes the acquisition of any right-of-way, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. 18. Miscellaneous Provisions. a. Prohibited Interests. The Agency shall not enter into a contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. i. "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of any business entity. ii. The Agency shall not enter into any contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two (2) years was an officer, director or employee of the Agency. iii. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. iv. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in the Project, and shall require its contractor to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for two (2) years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof'. b. Department Not Obligated to Third Parties. The Department shall not be obligated or liable under this Agreement to any party other than the Agency. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. C. Relationship of Parties. The Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or Page 14 of 29 99 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. e. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. f. Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by either party of its sovereign immunity for any damages claimed by third parties. g. Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall be construed and enforced as if such invalid or unenforceable provision had not been contained in this Agreement, unless the omission of the invalid or unenforceable provision would cause this Agreement to violate any applicable law or fail its fundamental purpose. h. Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of the financing hereunder. i. Notices. Any notice, demand, or request which is required to be given under this Agreement in writing shall be delivered to the following addresses: If to the Department: If to Agency: Florida Department of Transportation - District Four 2300 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Daniel Smith, P.E. A second copy to: Office of the General Counsel Indian River County 1801 27th Street Vero Beach, Florida 32960 Attn: Erik Ferguson With a copy to: County Attorney j. Agreement Format. All words used in this Agreement in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. k. JURY TRIAL WAIVER. THE AGENCY AND THE DEPARTMENT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN. Page 15 of 29 100 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT 1. Limitation on Liability. Notwithstanding anything to the contrary in this Agreement, in no event shall the Agency or the Department be liable to each other for any indirect, punitive, special or consequential damages (including, but not limited to, loss of profits, interest, earnings or use) whether arising in contract, tort or otherwise, even if the party has been advised that such damages are possible. The limitation of remedies provided in the preceding sentence shall survive the expiration or termination of this Agreement. In. Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. n. State Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. o. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all contracts for performance of the Project the obligation to comply with Section 20.055(5), Florida Statutes. P. Agreement not Assignable. The Agency may not assign any of its rights or obligations under this Agreement. q. Amendments. This Agreement may not be amended, except by a writing signed by both Parties. r. Exhibits. The following Exhibits are attached and incorporated into this Agreement: ® Exhibit A: Project Description and Responsibilities ❑ Exhibit B: Project Budget ® Exhibit C: Contract Payment Requirements ❑ Exhibit D: Advance Project Reimbursement ® Exhibit E: Terms and Conditions of Construction in Department Right -of -Way ® Exhibit F: Certificate of Completion ® Exhibit G: Engineer's Certificate ❑ Exhibit H: Tangible Personal Property ® Additional Exhibit(s): _I , are attached, incorporated, and are part of this Agreement [signatures on following page] Page 16 of 29 101 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date signed by the last party executing and inserted in the opening paragraph by the Department. STATE OF FLORIDA, INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION PAUL LAMPLEY, P.E. DIRECTOR OF TRANSPORTATION OPERATIONS FDOT LEGAL REVIEW LEGAL REVIEW OFFICE OF THE GENERAL COUNSEL Page 17 of 29 102 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT EXHIBIT A PROJECT DESCRIPTION DELIVERABLES A. Project Description: Traffic Monitoring System Technology Updates B. Project Location: Indian River County (Countywide Intersection Improvements) C. Project Scope: The DEPARTMENT wishes to participate in upgrading traffic signal control related equipment maintained by the COUNTY through a Joint Participation Agreement (JPA) between the DEPARTMENT and the COUNTY. The COUNTY will procure the necessary equipment that are on the DEPARTMENT's Approved Product's List (APL) and complete the field installation and integrate with the county's traffic communications network. The upgrades will be limited to thermal vehicle detection systems and components related, and the field network managed switches for a total of nine (9) intersections listed below. The COUNTY will ensure that the installation and the integration will be completed in accordance with the TRAFFIC CONTROL SIGNALS AND DEVICES section of the FDOT Standard Specifications for Road and Bridge Construction. The FDOT Standard Specification for Road and Bridge Construction will be the current edition at the time of this Agreement's execution. Intersection Id Intersection Name 119 17 ST @ AIA 155 BAHIA MAR RD @ AIA 120 BEACHLAND SR -60 AlA 112 BEACHLAND SR -60 MOCKINGBIRD 125 BEACHLAND SR -60 RIVER SIDE 143 FRED TUERK @ Al A 25 JOHNS ISLAND @ AIA 193 ROUND ISLAND PARK @ AIA 33 ST ED@ AlA With the detection system upgraded to thermal sensing cameras, the vehicle detection accuracy is expected to improve for the above listed intersections and result in reduced maintenance requirements on the county. Upon successful integration, the COUNTY will submit documentation which includes the proof of purchase and delivery of all equipment (thermal cameras and related components, field network switches and all. related equipment), the list of intersections where the new detection system got installed, and pictures of all approaches showing the detection systems for all nine (9) intersections to request reimbursement from the DEPARTMENT. Page 18 of 29 103 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT D. Unallowable Costs (including but not limited to): • Any service completed before the execution date or after the expiration date of the agreement will not be reimbursed. • Any deliverables/ locations not listed in Exhibit A. • The COUNTY'S use of products and materials not listed on the APL for which the DEPARTMENT'S Standard Specifications require the use of an APL item. E. Department Project Manager. The Department's Project Manager for the Project, and contact information, is: Daniel A. Smith TSM&O Arterial Program Manager Regional Transportation Management Center (RTMC) Florida Department of Transportation 2300 W. Commercial Blvd. Fort Lauderdale, FL 33309 954-847-2633 Page 19 of 29 104 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT EXHIBIT C CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs:If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Page 20 of 29 105 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address http://www.fldfs.com/aadir/reference guide.htm. Page 21 of 29 106 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT EXHIBIT E TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Construction Standards and Required Approvals. a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design -build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project. b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department's Project Manager, Daniel A. Smith (email: Daniel. smith@,dot.state.fl.us) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement. c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department's Project Manager prior to bidding or commencing construction of the Project. d. The Agency shall require the Agency's contractor to post a payment and performance bond in accordance with applicable law(s). e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards. E Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer's Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 2. Construction on the Department's Right of Way. If the Project involves construction on the Department's right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department's right-of-way: a. The Agency shall hire a qualified contractor using the Agency's normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Page 22 of 29 107 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project. b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book"), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is Dieeo Velazquez, (772,) 429-4818. e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. Page 23 of 29 108 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department's right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F. S . L The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's property, including but not limited to, the Department's right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. 1. If the Department determines a condition exists which threatens the public's safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department. m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. Page 24 of 29 109 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final "walk-through" by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as -built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as -built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency's property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the "Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. q. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. Page 25 of 29 110 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT t. Restricted hours of operation will be as follows, unless otherwise approved by the Department's District Construction Engineer or designee (insert hours and days of the week for restricted operation): 9:00 am — 3:30pm (Monday — Friday). u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department's Public Information Office is: Insert District PIO contact info: Guillermo Canedo Florida Department of Transportation Public Information Office 3400 West Commercial Blvd. Fort Lauderdale, FL 33309 954-777-4302 Guillermo. Cando@dot. state. fl.us 3. Engineer's Certification of Compliance. The Agency shall complete and submit a Notice of Completion and if applicable Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. Page 26 of 29 111 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT EXHIBIT F NOTICE OF COMPLETION PROJECT FUNDING AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and INDIAN RIVER COUNTY PROJECT DESCRIPTION: TRAFFIC MONITORING SYSTEM TECHNOLOGY UPDATES DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.: 441697-1-58-01 In accordance with the Terms and Conditions of the Project Funding Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20_. All work has been completed in compliance with the Project construction plans and specifications and the Project is suitable for its intended purpose. By: _ Name: Title: Page 27 of 29 112 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT EXHIBIT G ENGINEER'S CERTIFICATION OF COMPLIANCE PROJECT FUNDING AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and INDIAN RIVER COUNTY PROJECT DESCRIPTION: TRAFFIC MONITORING SYSTEM TECHNOLOGY UPDATES DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.: 441697-1-58-01 In accordance with the Terms and Conditions of the Project Funding Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of "as -built" plans certified by the Engineer of Record/CEI. P.E. SEAL: Name: Date: Page 28 of 29 113 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT EXHIBIT I TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT WITH INDIAN RIVER COUNTY APY23 Page 29 of 29 114 MT9011F`i 'd ' 750-010.22 TRAFFIC F - TRAFFIC iFIC� SIGNAL � OPERATIONS - .. 04/15 Page 1 of 5 0. TisCT ta.' . 1=1401 W Si AL MAINTENANCE AND COMPENSATIOX AGREEMENT ("IAgreemd#r), is entered intof ,;, ._ day ootS en the Florida Departe. nt of Transportatu l ' „ a( the State of hor#ffi called the "Department", aw 0-4_t. � rPorida, iMTNESSETH: A. The Department is authorized under Section 3 tnda Statute$, jo. 0W l i t S hent. B. The Maintaining Agency is authorized under y�t �� zQr }o enter into this Agreement and has authorized its undersigned represWtative to et5b lt* and execute this " "nt on behalf of the Maintaining Agency. NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, the sufficiency of which is acknowledged, the parties mutually agree and covenant as follows: 1. The Maintaining Ageh4y shall be responsible for the rhaintenancta arid toWnuous tsperation of the tt06 signals, Trite rcor►n ted and monitored traffic signals (IMTS) (defined as signals that are interconnected with telecommunications and are monitored at a central location), traffic signet (defined as central computer, las, message signs, communications devices, Interconnect / network, vehicle, bicycle & pedestrian detection devices, traffresignai hardware and software, preemption devices, and uninterruptible power supplies ("UPS*)), control devices (defined as intersection control beacons, traffic warning beacons, Illuminated street name signs, pedestrian flashing beacons (i.e., school zone flashing beacons, pedestrian crossing beacons, and Rectangular Rapid Flashing Beacons)), and emergency/fire department signals and speed activated warning displays. The Maintaining Agency shall be responsible forthe payment of electricity grid' electrical charges incurred in connection with operation of such traffic signals and signal s"ems and devices upon completion of installation of each signal or device. All traffic signals and control devices mentioned inihis'paragraph aro referred to in this; Agreement as "17rafFyc Signals end DevioW. 2. The Department agrees to pay the Maintainft Agency an annual' compensation amount based on the Departments fiscal year. The compensation amooMeonsists of the €649 of the maintenance and .continuous operation of the Traffic Signals and Devices as identified tis E I*,& 0ayments:byI—* pspartrrter tail ' e ipa ordance with ;.1q ;ease of constmwoIn contracts, the Maintaining ,Agency shall be responsible fortho payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devices,, ani shall undertake the maintenance and continuous operation of these Traffic S_lanalsarid Devices upon final acceptanoa of installation by the Department. l *r,:final acceptance of the installation by the Department, the Maintaining Agency will have the opportunity to inspect and request modifications or corrections to the installation(s) and the Department agrees to undertake those modifications or corrections prior to final acceptance so long as the modifications or correctiort�t , with the Agreement, signal plans, and specifications previously approved by both the Department and Maintaining Agenvy. pair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. The Maintaining Agency shall maintain and operate the Traffio.'ignals and Devices in a manner that will ensure safe and efficient .: . movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal :. Association (IMSA,). and operational requirements of the Manual on Uniform Traffic Control Devices(M, CD)r.as atrtendad, 4. The MtilrtWning Agency's-mairrterranea rospons-ibiliCres include, btli`OM M limited ttr, locaft, Wilt t`r giWOntii '(pat' vdib, inspection, service and routine repairs), restoration of services, and emergency maintenance (trouble shooting in the event of equipment maMAU failure, v#-dl�r-age). Restoratian � Ve°may include temporary pts jotop signs or o "methods to maintain traffic. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance 14 5. The Department Intends to conduct a structural inspection of the mast arm structures and strain poles every t offi znths, which inspection shall comply with the checklist included in Exhibit C, attached to and incorporated in this Agreement. The inspection report will serve A" 90 -day notification to the Maintaining Agency that deficiencies exist which require preventative maintenance and periodic maintenance. Preventative maintenance includes but is not limited to: spot painting, cleaning, all wiring issues, graffiti removal, all signal related issues (lighting, signs and connections), and response to traffic impact including repair and replacement of all components damaged by the traffic impact. For any new painted mast arms installed after the date of -!hilt agreement, preventative maintenance includes all items described above and also includes repainting, tightening of nuts, replacing missing or deficient toffs, replacement of missing cap covers or equivalent, replacement of missing or deficient access hole cover plates, and repairing improper amurtft. f)amaged mast arm structures and strain poles must be properly repaired or replaced by the Maintaining Agency. ifthe Maintaining Agency is not successful' in recovering damage costs from responsible part y(,ias) vvtth in 180 days'frgm they ocpunrence of damagei the Department krill reittnbtuse the Maintaining Agency for costs 11S _. , STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04115 Page 2 of 5 incurred due to traffic impacts to mast arms, which reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The Department will pursue reimbursements from individuals and/or the third parties who cause damages to mast arms and are liable for replacement/repair costs. Failure to perform preventative maintenance after notification of an inspection deficiency will result in the Maintaining Agency being responsible for the corrective actions. If spot painting or any other described preventative maintenance is not carried out, there shall be a 25% retainage of the annual compensation amount for the affected signal locations until the preventative maintenance is performed. For each month subsequent to the expiration of the 90 -day notice given to the Maintaining Agency that preventative maintenance deficiencies exist, 1/121h of the annual compensation amount for the affected signal locations will be forfeited up to 25% of the annual compensation amount. In the case of a total paint failure on a mast arm installed prior to the date of this Agreement, the Department will fund the cost of repainting, This does not include any mast arm that was installed with a separate mast arm painted finish agreement. The terms of that agreement will control. 6. Periodic maintenance includes but is not limited to: repair of cracks in the mast arm structure; removal and/or repair of grout pads, resetting of anchor bolts; and repair or replacement of deteriorated anchor bolts and nuts. For any new mast arm Installations after the date of this Agreement, if a Maintaining Agency requests a painted mast arm, the Maintaining Agency agrees to perform all required periodic and preventative maintenance. Any periodic maintenance performed on the mast arm structure by the Maintaining Agency needs Department approval prior to commencement of work and shall be performed within 90 days unless under an emergency situation. Any and all work performed by the Maintaining Agency must conform to the current Department Standard Specifications for Road and Bridge Construction as applicable. Mast arms that the Department determines to be at the end of its useful life will be replaced by the Department so long as documented preventative maintenance and any applicable periodic maintenance was satisfactorily performed by the Maintaining Agency. The Table below summarizes the roles of the Maintaining Agency and the Department with regard to preventative and periodic maintenance of mast arms: Maintaining enc Florida DOT Preventative maintenance of all mast arm structures Periodic maintenance of all mast arm structures (except for any new painted and existing painted structures with signed separate Agreement) Periodic maintenance of structures (for any new painted and existing painted structures with signed separate Agreement) Damage repair or replacement of structures Compensate Maintaining Agency for damage repair or replacement of structures Replacement at end of life cycle of the structure 7. The Department will reimburse the Maintaining Agency for costs incurred due to traffic impacts to traffic signal controller cabinet assemblies, traffic signal battery backup, UPS cabinet assemblies, pedestrian flashing beacons, strain pole repair or replacement, and all devices shown in Exhibit A, if the Maintaining Agency is not successful in recovering damage costs from responsible parties. The Maintaining Agency will be responsible for pursuing reimbursements from individuals and/or the third parties that cause damages. However, if the Maintaining Agency is not successful in recovering damage costs from responsible party(ies) within 180 days from the occurrence of damage, the Department will pursue reimbursements from individuals and/or the third parties who cause damages and are liable for replacement/repair costs to the traffic signal controller cabinet assemblies, traffic signal battery backup, UPS cabinet assemblies, pedestrian flashing beacons, strain poles, and all devices shown in Exhibit A. Applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. 8. The Maintaining Agency may remove any component of the installed equipment for repair or testing; however, it shall only make permanent modifications or equipment replacements and only if the equipment provided is capable of performing at minimum the same functions as the equipment being replaced. The Department shall not make any modifications or equipment replacements without prior written notice to and consultation with the Maintaining Agency. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, special provisions, Department re -timing projects, and the Department's Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets, sequence) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing or phasing, implementation of such modifications will be coordinated with, or made by, the Maintaining Agency. All signal timing and phasing records shall be retained by the Maintaining Agency for at least three (3) years, and will be made available to the Department upon request. 116 STATE OF FLORIDA DEPARTMENT OFMNSPORTATION. 750-010-22 TRAFFIC SI iUAi. 'MiALNTENANCE AND COMPENSATiON AGREBMTTRAFFIC OPERATIONS . .. 04/15 Page 3 of 5 9. The Maintaining Agency shall note in the maintenance log any changes irtl)mings and phasings, and keep a copy of the timings and phasings, and My ftprOval documentation in a file. A copy of the Idg shall be provided to the Department upon request. Maintaining Agencies may provide this information electronically. 10. The Maintaining Agency and the Department shall updaf8on an annual basis which Exhibit A 10 ached to ; incorporated in this Agreement. Exhibit.A<will contain all Traffic Signals and Devices on the State Highway system whirt8ri3 within the jurisdiction of the Maintaining Agency, those that are maintained by the Maintaining Agency, arid! those that are maintained brit notkielluded for compensaticm� 'No, -changes or modifications m ty%tiie<nrrade to Exhibit A dAv#4 Department's fiscal yearfoi' gtipmw on. Now Traffic Signals and Devices added by the Department during its fiscal year must be maintained and operate by the kaintairting Agency upon the Department's final acceptance as stated in paragraph 2. The Maintaining Agenoy and to Qepertiment shall update O. A preceding each Department's fiscal year, which will fiv*WstA,'new Department TrafRa Slgni�i s and Devices added during the Department's previous fiscal year and delete those removed. Exhibit A will need tip be 11riceipmted Into this Agreement by an amendment to this Agreement each time Exhibit A is updated. The Maintaining y iiif girt receiving compensatl4b iii` i?4,—Aignals and Devices in the Department's fiscal year after the Traffic Signals and Devices are installed and t1nal adeeptance is given by the Department; In the event that no change has been made to the previous year's Exhibit A, a certification from the Maintaining Agency shad be provided to the Department certifying that no change has been made to EWA* A In the Department's previous fiscal yew: The annual o+ ation will be a lump sum payment (minus any retainage or forfeiture) as set forth in Exhibit B. Future payments will'be based on the information provided in Exhlbit-A, in accordance with the provisions as set forth in Exhibit B, attached to and incorporated in this Agreement. Payment will be made in accordance with Section 2%492, Florida Statutes.. U. There shall be no reimbursement for travel expenses undert -his Agreements f. Bills for fees or other compensation for services or expenses shall be s in detail sufficient W10 proper pre -audit and post -audit thereof. 14. The Maintaining Agency should be aware of thefoilowing time frames. Inspection and approval of goods or services shall take no longer than twenty(20) working days. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or sertiCes are recelveld, inspected and approved. 15. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant t4 Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Maintaining Agency: Interest penalties of less than one (1) dollar will not be enforced unless the Maintaining Agency requests payment;; ii . +etumed to a Maintaining Agency because of Maintaining Agency preparation errors will result in a delay in the paymog. The invoice payment requirements do not staff unfit a properly completed invoice Is provided to the Department. 16. A Vendor Ombudsman has been established within the Darient of Financial Services. The duties of this individual include acting as an advocalle for contractors or vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at {OW493-5516 or by calling the Division of Consumer Services at 1- 877-693-5236. 17. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this. Agreement and for three (3) years after final payment is made. Copies of these doguments and records shelf be fumisWV the Department upon request. Records of costs incurred include the Maintaining Agency's general accounting records and the project records, togetherwith supporting documents and records, of the contractor and all subcontractors performing work on the project, and all oder rectairds:.of ;the Cont ctor and Abcontractors considered necess arybythe Qepartmentthra proper audtt;Of;t.:. 18, In event this contract is for services in excess of $25,000.00 and a term for a period of more than one (,)War, the provisions of Section 339.135(13Xa), F S., are hereby incorporated: "The Department, diking any fiscal year. shall not'* ,#Trc y, int'tur any liability, or enter into any contract which,. by its terms, kwolves the expenditure of nwmWWexcess of the amounts budgeted as available for expenditure during such fiscal year. Ar3y contrat;t, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; :and this paragraph shall be incorporated verbatim in all contracts of the Departmerit:whigharefior an amol inexcess of $25,400,00 and Which,hafye a term for a period of more than 1 y1' - 117 STATE OF FLORIDA DEPARi'iu1i"'Y$At TRMZM SIAL MAINTENANCE ANDCOMPIWATION AG i' ' 17hA Depart obligation iir3 Itay is e0tingerllk f I COI approK t 0If the Flp 1,,0111111111140, 20. An entity or affiliate who has been placed on the discriminatory vendor list may not eubmit a + contract to provide any moods or services to a public entity, may not submit a bid on a contract with a public entity forihIi eonstruciion or repair of a Ilk building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor; supplier, contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any pubic entity i. A person or affiilate who'has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public &rttity'fdf file aphilitructicin or tepe�-of a pal ttt.OUMft or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CAXIEGMY IWO for a period of thirty-six' } t O # #0 <date of being laced Q4, 00 Qanv�W vendor list. 22. The Department shall consider the employment by any contractor of unauthorizedaliens a violation of SectionOf Ike Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such vwlafion 1 I$�ttE1t1 unilateral cancellation of this Agreement. 23. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be shared with the Maintaining Agency and vAll be the basil ow do.&slons regarding payment reduction, reworking, Agreement termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department has the option (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified tine, otherwise the Department shall deduct payment for any deficient Traffic Signal(s) and Device(s) maintenance not corrected #the end of such time, or (b) take whatever action is deemed appropriate by the Department. Any suspension or termination offunds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 24. The Department shall monitor the performance of the Maintaining Agency in tete-fulfillment of the agreement. The Maintaining Agency shall submit an annual Report prior tD 4ur1e.30 of each year detailing ft Mowing: a. Critical Detection d+vic malfunc tirirts:.Mical detection is defines *111ettetection0t9 side -streets and in left turn lanes on the main streets, and all pedestrian/bicycle detection. Repairs to the side -street and main street left tum detections shall be made within sixty (60) days of discovery and repairs to the pedestrian detection shall be made within 72 hours after notification: All these events shiall be logged into the annual repots t repairs cannot be performed within 60 days, the agency shall document the reasons why. Discovery of such events shall be logged into the annual report. The Maintaining Agency shall ensure that 90%0 all critical detectors systemwide are operating property at all time. Any time the level drops below 90%, the AgenWomN have ninety (90) days to correct the situation. A 5% retainage of total annual compensation amount (as shut In Exhibit A) will be withheld whenever the 90% critical detection requirement is not met within the 90 -day period, b. Traffic signal preventat[vta maintaiff�itl inspecoltis: Alitr�f"rc signals shall receive of least brie (I) minor ptgv8ittative. maintenance inspection, preferably WIo inspections, within a twelve (12) month period. Preventative rnaintenance inspection shall include verification that all detection is working, the signal is cycling properly, the ventilation system is functioning and filters are clean. Basic traffic cabinet maintenance shall also verify power feed voltages, verify that the vehicle and pedestrian indications are functioning property, test the effective functioning of pedestrian pustt buttons, and check hinges and door locks. At least one (I) conflict monitor test shall be performed during a twelve (IR,,) month period. Each test is to be documented and inckAed;in the annual report to the Department. The inspection repo tshould no* the !k ation, date of inspection 0,00 WW its:t >f -the traffic signals do not receive at least t .(I) minor preventative maintenance inspection during a twelve (12) month period, there shall be a 20% retainage of the annual compensation amount for the affected signal locations until the preventative maintenance inspection is made. If not performed within the state's fiscal year,Q*i*aina l,Ite- l OW.: ensation amount for the affected signal locations will be forfeited. c. F'or any traffic signals that are interconnected with telecommunWWWW awl their reaktime operation is electronically monitored via software by personnel at central location and are therefore receiving the higher compensation amount as described in Exhibit B, the name(s), Was of those monitoring those intersections, and the location of the central monitoring facility(s) are to be documented and contained in the annual report submitted to the Department. d. In addition to the above requirements, if at least 50% of the traffic signals are not inspected and if at least half ttii critical detection requirements as stated in 24a all`s not met, the Department will retain an additional 25* i remaining compensationamotint 118 $TAVE0FeFIApA,Q0R1 r TRANSPORTATION 750-010.22 TRAFFIC SIGNAL AWNT01AHMPMVZOMPENSA L.: TRAFFIC OPERATIONS 04/15 Page 5 of 5 25. The Maintaining AgencyAWenter rto agreements with other parties pertainirojo Ttiffic Signals and Devices including, but not limited to, agreements relating to costs and expenses incurred in connection iiiM'ihe operation of traffic signals and devices on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agent shall fumish a,,4WRy of-4mch agreements to.tbe Depart 20. Thillt Agreement may not be assigned or transferred b——',Maintaining Agent" k1 whole erl t Wr, cOt'i" t of f Department. 21. The Maintaining Ageno OW allow public access to all documents, papers, letters, or other material subject to provisions of Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access will be grounds for immediate unilateral cancellation of this Agreement by the Department. 2S: `Fta{s Agreement is governed by and construed in accordance with the laws of the State of f a. The invalidity or unenforraability of any portion of this Agreement does not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement does not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 29. This term of this Agreement is twenty (20) years; provided that efflw may cancel this Agreement prior to the expiration of thO toren tof this Agreerrrkrrtt. A -Mtililittititlu Aotice period of t o 1p— ning months of the Department's fiscal year shah be provided to the other party in waiting. Should the Maintaining Agency- provide its written notice of cancellation to the Department, the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing be* under which the Agency operates. 30. Upon execution, this Ott cancels and supersedes any and all priorUf tic Signal Maintenance Agreement(s) between the parties, eXGI' speahc separate Agreements covering painted mast an* maintenance or any other aspect related to the painting of manta: 31. The Department reserves the right to remove select critical corridors or critical intersections from the Maintaining Agency's abhgation under this Agreement. The remaining intemeciions.and.conidors would continue to be covered under this Agreement i3epartment wilt provide a minimum of year nt�ti6WV** inke-over of maintenance of critical corridors or critical intersections. 3L The Department agrees that the Maintaining A4—must comply with State law regarding appropriations and budgets. This Agreement shall not be interpreted to conflict vA'b State law applicable to the, Maintaining Agency. 33. The Maintaining Agencyshall• a. utilize the U.S. Department of Homeland SdWrity's E -Verify system to verify the emoloymat, ON :. : Of all new employees hired by the Maintaining Agency during the term of the contract; and b. expressly require any contractors and subcontractors performing work or providing services p to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verity system to to employment eligibility of all new employees hired by the subcontractor during the contract term. 34. Exhibits A, B, and C are attached and incorporated by reference. 35. This Agreement contains all the terms and conditions agreed upon by the parties. IN VMESS WHEREOF, the parties have caused these presents to bi�,exeeeied,the day and year first above writt INDIAN RIVER COUNTY Flo r (MaaitainingAg � • '- (Authorized Signature)o • Airtfiorized Sign t OJt. , PrWype Name: WEA:. I ame , V e: CHAIRMAN f . BOARD OF COUNTY COOKSWIDIM , Attest: del Review + ,.. I'AAK Attorney; lit v r# O N c E 88Sg8gg8S $8 8SgoB S 8 8 8 �•�'�°�°Sci�o�oa�o « 8 $ ff tq e» t? ff VF rri V! rn 44 m N r'i VY m N m N m M! cri Vr y cn N ni 4/1 en V� SA Vb U O a � V f cc •OLo Y Q m E W � a F a Z U6 �Q V P P P12 P PIP r p r r r r r P r - 3 •Q Q W Q LAJ OC Z O 1 m p 0 prl /��� 14 •pp-1 W //���� G Q p>p t"./ p>p C•J Q /H/�� Q W W W (7 W 0o•• W m OpG C H N Q m N N J J J .J W -+ a -+ d F F- H i- W !- W Z OC F W F O M�wQ°COa%C)m0 �.i d r1 1 N C N 1 co N W N o N Vr N 0000ac N N N N N N U N W N V ¢ 4 W N V o z� N W ? N o N _ Nei K N NNOG Na[ VO K W OC KN N KN Q N o� N 3.i 3°QC o± N N +�N m M N w r1 ao ah � .�-� " . .#a � N .d N O N 5 N rl ceoE 8$8888$88888 88 8 8 8 8 8 8 W?gms C5916o990 69 9 An 9 m M m M m m m eri M m tri eq (4 cri N tr� M tri O � Y z M C N � C u m to 0 Lo u W G C v a1! yy ' � v t � 'r1 h K Dp'o �, ° m� mo 3 305 O L4Vf y r-1 q' LU f0 d OD Z C m C t7 V U m Q W \pJo7�Li�JPJ®/� Cd 0 � S` LU am eQp ii 2p\ to -- -- d}-f--i-i-t- to 10- V/ N Vf V1 V) �p �NvF'iN�S CaLa5 p`m w@ W R8 2 U� p\N W 0 N N N T M a1 a s Q tm .1. .411 vii CdJ N aj 3 VCi cr H Q H N C O F Q N ei N N N M N d' N N tD N P N N D1 N Gl M ei M NM M M C M -M M M M OIM 01 M N rl N N M N t C E S O 13 O 00 S w � S0 u v I,.,- SaO Su S M N g 004 f? P R r C O fl m a c g C S 0 0 yy0S 0aa 0t} AOSOV. p$ N C 041 t? en �A eY1 '�h NI N 4 �A eIl' to M to R7 in rn th 1A 4A t^f. f L !A ^ M to i /f MI N N M RI M 4a iD -i N o N � � N ny y 6 a R F Y V s E g=ym Im 13 to W y {lj LL C C 18s tN- � a Q o°�Mon N N N mwwvf4 st In Im w gi Wa) m ... QNAO U 4Q1^v, s'o 8 O O 'O too tp tOp tp �D tOO W W Q !Q- t~/1 m� Lnt�/1 V�1 ��/1 NI�/1 N N IC 1// F �D tib ItD tmD 1:1 tN0 to t�O tO tD � nI 1 n �+ n n n N n n M N t v A C g w � u v I,.,- X .. S M N d � � O 1 R r C O fl m a c g C L w w $ m p$ N C OND a ty c m q a pp C y� ��sg S t 'r 04/15 Exhort B Pape 1 of 1 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 PURPOSE This exhibit defines the method and limits of ootripeneWW be made to the Maintaining AgencytilW #1 , ' described in this Agreement and in Exhibit Ate'"' .` " t'which payments will be made. 2.0 COMPENSATION For the satisfactotydan01ONW.of all serer detailed Ira 0 AW0.1d Exhibit A of this Agreement, Me Department wi# pgtyft Makttalli tg Ageti 'the Total Li S* retainage or forfeiture) in E tit A. The Maintain w91 r000haL OW kW# -SW y"Wi t J it�404 �#ainage or forfeiture) tt the end of each fiscal year for satisfaetory i ltri li c t of sei f Beginning in the fiscal year 201 =�{7; fflr traffic signals.r It with telecommunidations and are not monitored at a central location, the compensation amountshall be $3,131. The compensation amount for &lf 0 signals that are interconnected with telecommunications and are monitored at a central location shall be 4;6r)0 per signal location. These differential cglcopensation amounts shall be in effect beginning July 1., 2016. The Table below sho" this t�hs�1 ion a o the variouls. deyioes for fiscal years 2015-16 and 201147, and b"nd- ... Totall Lump Qninus any retainage orforfeiture) Ansimnt oath fiscal year isOW-Wl d by:adding all 0VW— intersection amounts. Pedestrian Flastting Beacom includes scl i zona beacons, pedestrian crossing ba tt rectangular rapid W4 beacons.(RRFB . School zones, crosswalks and warning sign locations shall be paid *a unit rate regardless of t11e number irW Wduai beacons orpoies, '`Compensation pro -rata based on mon approaches or legs on &W041[ghway System Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless '. otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the previous year's compensation.. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual basis for the reimbursement costs incurred by1he Maintaining Agency for the previous year prior to June 30ko.' each year. For example, the Maintaining Agency shall submit its invoice for the previous year beginning JtAy t, 2015 through June 30, 2016 no later than Jun; 2016. 124 Uric Compensation Rates per intersection on the State Highway System Speed Activate d Traffic Signal Warning, Tt InterSWI Pedestria Eme,f en Display Waite . Interconnect on n cy Fir (SAWt3 n ) g :T I Traffic ed & Ct3tttrii Flashing or Blank • Beaco lilt Signal monitored Bit Snel t}ut Sigit, n Do": FY s # (IMTS) l )(PDS):, 2014- 15* 21.M $738 -1, 3,040. 76Q 2%0.4. 3,131 4 -S00 783 4 4 . 2017-1$ Based pptheConsumer Price index, a 3018-1,9 $a ed.a ftCPl, the 2%,7 48 corn r1 2019-20 ( #n thit'i ,'the 2.0 pmpensafon am'dUritsv -bat"404 opw rds. '`Compensation pro -rata based on mon approaches or legs on &W041[ghway System Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless '. otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the previous year's compensation.. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual basis for the reimbursement costs incurred by1he Maintaining Agency for the previous year prior to June 30ko.' each year. For example, the Maintaining Agency shall submit its invoice for the previous year beginning JtAy t, 2015 through June 30, 2016 no later than Jun; 2016. 124 TRAFFIC ONWAL itAt t; 4 000—, TtOd final Mast Af n Cbecklist • Itbundation, lm*ding condition of grout pad if present • Anchor bolts and nuts • Base plate • Base plate connection to vertical member • Hand hole and hand hole overs and inside of vertical member by removing hand hole covers • Connections between vertical and horizontal members • Any member splices o Attachments 750-010-22 TRAFFIC OPERATIONS 04115 Exhibit C Page 1 of 1 RESOLUTION NO. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR TRAFFIC MONITORING SYSTEM TECHNOLOGY UPDATE WHEREAS, it is a policy of the State of Florida to construct and make improvements to the State Transportation System in a cooperative partnership with local government entities; and WHEREAS, Section 339.12, Florida Statutes, authorizes the State of Florida Department of Transportation (FDOT) and local governmental entities in the State of Florida to enter into agreements where the local governmental entity agrees to perform a non -revenue producing FDOT adopted work program and the FDOT agrees to reimburse the local governmental entity for the costs of the program; and WHEREAS, on July 1, 2015, the Board of County Commissioners of Indian River County approved a Traffic Signal Maintenance and Compensation Agreement with the FDOT to receive compensation for maintenance of FDOT traffic signals within Indian River County; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County to execute and deliver to the State of Florida, Department of Transportation, a State Highway System Proj ect Funding Agreement to update FDOT traffic signal control related equipment maintained by the County; 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 State Highway System Proj ect Funding Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman, Joseph H. Earman Vice Chairman, Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of , 2023. Attest: Jeffrey R. Smith Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ma Joseph H. Earman, Chairman 126 RESOLUTION NO. 2023- 127 g� INDIAN RIVER COUNTY, FLORIDA MEMORANDUM To: Board of County Commissioners Through: John A. Titkanich, Jr. County Administrator Prepared By: Brian Freeman, AICP MPO Staff Director Date: May 25, 2023 Subject: Extension of the Transit Service Agreement and Transit Administration Facility Lease with Senior Resource Association It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of June 6, 2023. DESCRIPTION, CONDITIONS, & ANALYSIS Indian River County's public transportation system consists of the GoLine fixed route system and the Community Coach demand response (door-to-door) service. Both of these services are operated by the Senior Resource Association (SRA). In response to a request from the Federal Transit Administration, the County and the Senior Resource Association entered into an Agreement for Management and Operation of Public Transportation Services in 1999. That agreement has been renewed multiple times by both parties, with the most recent renewal occurring in 2018. The 2018 renewal followed the issuance of a Request for Proposals (RFP) for the management and operation of the County's public transportation services. Through the RFP process, the Board approved the selection of the Senior Resource Association, the top ranked proposer. Subsequently, the County entered into a five-year agreement with SRA for management and operation of the GoLine and Community Coach. The 2018 agreement identifies the responsibilities of the County and the SRA regarding grant application and administration, vehicle procurement and maintenance, drug and alcohol testing, public comment on fare and service changes, handicapped accessibility, and other issues (see Attachment #1). The agreement also provides for County oversight of the SRA's transit activities to ensure compliance with federal regulations. The agreement, which expires on June 30, 2023, C:\G ran i cus\Legista r5\L5\Tem p\d 582c746-41 b b -4a 3a-9df2-f03802923 ef6.d ocx 1 128 also allows for two two-year extensions. In cooperation with SRA, staff has prepared an Extension of Agreement for Management and Operations of Indian River Public Transportation Services (see Attachment #2). The proposed extension is effective through June 30, 2025. Following this extension, the existing agreement allows for one additional extension until 2027. SRA operates the public transportation from a county -owned facility at 4385 43rd Avenue. That facility was constructed in 2012 with grant funding from the Federal Transit Administration (FTA). SRA uses the 43rd Avenue facility under a lease that was approved by the Board of County Commissioners effective June 1, 2012, for an initial 5 -year term at $1.00 per year. Since 2012, the lease has been extended three times and now expires on June 30, 2023. Staff has prepared a new lease extension (see Attachment #3), which will extend the lease through June 30, 2025 to run concurrently with the proposed extension of the transit service agreement. FUNDING This is a continuation of a series of agreements to provide mass transit service in Indian River County. It does not commit the County to any specified level of financial support, which is approved by the Board of County Commissioners through its annual budget process. RECOMMENDATION Staff recommends the Board approve the extensions of the Transit Service Agreement and the Transit Administration Facility Lease with Senior Resource Association. ATTACHMENTS 1. Agreement for Management and Operation of Public Transportation Services (2018 Agreement) 2. First Extension of Agreement for Management and Operations of Indian River Public Transportation Services 3. Fourth Extension to Lease Agreement C:\G ran i cus\Legista r5\LS\Tem p\d 582 c746-41 b b -4a 3a-9df2-f0380292 3ef6.d ocx 2 129 AGREEMENT Ff)R MANAGEMENT AND OPMATTI S ' INDIAN RIVER PUBLIC TRANSPORTATION SVIC by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMM 4 ...... . .. std SENIOR RMURCE ASSOCIATION, INC. This agreement (Agreement), entered into this 19th . day of June - . 2018, by and between the Indian River County Board of.: Cauchy Commissioners (County') and: the Senior Resource Association, Inc: (SRA), establishes the responsWes of each of the parties with respect to obtaining and administering public transportation capital and operating assistance authorized by 49 USC, Section 5307 and other provisions of Federal and State law governing the provision of Public Transportation services. The purpose of this agreement is to comply with Federal Transit Administration and*F 'DOT requirements to establish formal procedures for grant application and administration vitins Recognizing that Indian Diver County has a need for public transportation service,: the County agrees to provide the SRA with capital funding and operating assistance m pa�+ide such service. County funding will be a combination of fe demi grant funding, state grant funding, and local funding. In consideration of receipt of this funding, the SRA agrees to maintain and operate a Public Transportation system within Indian . Rimer County ftedotding to the provisions of this Agreement, the ScqW of Work of contained in Indi RimCo ty Requestfor Proposals (RFP) # 2018040 (Attacbsfient 1), and SBA's response to RFP# 2018 I. The parties mutually agree to cooperate in providing public transportation service within Indian River County. Accordingly, each patty acknowledges its responsibilities as detailed below,: and agrees to discharge these responsibilities in the referenced timeframes. 11. This Agreement shall be in effect through June 30 2023, with 2 pow: 2 -year extensions beyond the initial five (5) year period of the agreement, exercisable at the sole discretion. of the County, Any revisions or, modifications to tb Agreement must be mutually agreed upon by bath parties .in writing. This Agreement may be terminated by SRA upon the prow star of at least nine (9) months prior written notice. This ,Agreement may also be terminated upon failure of either to discharge in y po party g good, faith the duties and responsibilities prescribed in this Agreement. III. The parties hereby designate the following official representatives for purposes of this agreement: County: MPO Staff Director SRA: Chief Executive Officer Indian River County Public TTansportattion Service Agreement Page 1 130 The County will prepare and submit all applicable quarterly progress reports, financial status reports, invoices, requisitions, and closeout reports for Section 5307, PTBG, and other grant funds. These submittals will be based on information provided to the County by the SRA, The County agrees to reimburse the SRA within 30 days of receipt of the SRVI. accurate monthly bmice for public transportation funding. The County may at the County's option provide funding on an advance basis. This advance will be provided in monthly draws no more than 1/12* of the annual operating budget paid in advance on the first day of each month. C. To m&Wn an accurate nventoa of +capital equipment purchased 31ft.12gfiN 5347. PTBG, and other grant For capital equipment purchased with grant program fimds for whith, the County is the designated recipient, such as Section 3307, the County will take title to all rolling stock and ether capital items purchased with those grant funds, +Ctmsistent with its approved procedures, the County will tag all capital assets and add each asset to its fixed assets inventory records. These records will be maintained and updated as necessary. An inventory of all SRA: -Section $3011 an.0`mer grant program capital purchases will be conducted.at West biennially. d. To arrovi assistance to and oversight cif SRA's Public Transportation activities: �- The County will meet with the SRA on a quarterly basis to discuss transit system operations issues, including system performance, status of grant funds utilization, other budget matters, federal requirements, routes, ridership, problems, opportunities, and other issues. M x -,rings will be held on the last Wednesday in the months of January, April, July and October, or as mutually agreed upon. Besides attending quarterly meetings, County stair will be available to assist the SRA with any transit planning, budget, grant administration, or other issues. The County will oversee the SRA's public transportation program as specified in this Agreement and as otherwise necessary to ensure that the SRA complies with Indian River County Public Transportation Service Agreement Page 2 131 all federal, state, and local: rpreZge>tts in its pvin of public transportation service to Indian River County: IU County wjll.beresponsible for verbal and written correspondence with the Federal Transit Administration- and F'DOT apt -all matters relating to the grant programs. Compliance with requirements will apply to all phases of operations as 11 as capital ftt, whether that equipment is purchased or leased. e. The County hereby establishes the TDLCB. as the formal advisory board for public transportation operations in the county. The County agrees :to staff the TDLCB and expeditiously present SRA matters, including transit route or : . schedule changes, to the TDLCB for consideration. V. The responsibilities of the SRA are: Al The SRA shall provide fined route/ ADA/and Transportation Disadvantaged Public Transportation service. in accordance with the route structure, fare structure, and schedule identified: in.the Cow's adopted Transit Development Plan (TDP). The: SRA agrees to maintain the approved :route sttuc ttft, fare structure, and. schedule unless a change in the route. or fare structure :ox schedule has been approved by the County. Any SRA now service proposals to chane its route structure, fare structure, or schedule will be implemented in accordance with the County's public comment procedures regarding transit fare and services changes. The SRA will marlin a record of all public comment and a record of all responses to public comments regarding proposed route, fare, or schedule changes. .� b. To invoice the County monthly MIWk incurred: The SRA shall provide (within 30 days after the end of the month) monthly invoices to the County detailing actual expenses for the ,prior month as compared to the draw received fur that month. Subsequent monthly draws will be adjusted as needed to reconcile tate actual expended amour. The invoice fwm used by the SRA shall be approved by the: County, and shall separately list invoice amounts fol~ county fimding, state funding, and federal funding. C. To provide the faM mt} t+er v adgopce and financial = inform atm: The SRA transportation coordinator will attend four (4) quarterly meetings with the County as referenced in N (de) of this Agreement. At least one week prior to each quarterly meeting, the. SRA will pry :tom Count} with:a qtly progress report and a financial: Vitus report for ** ,just completed quarter. The quarterly progress report shall inchule a description of the status of each activity Indian River County Public: Transportation Service Agreement Page 3 132 line item contained in each active grant, including the major milestones required by FTA for each activity line item:. The financial status report shalt summarize all uncial activity also ed with: each:: active :Section 5307 grant for the just completed quarter. d. To close out any active Federal or Stateg;:Zma witliaflm.timefratnes required for each grant: The SRA will ensure that all grant funds will be expended within the required timeframes of each grant. e. To provide the County with annual budget regMests: By July of each year, the SRA will provide the County with estimates of needed capital and operating funds for the next fiscal year. These estimates shall be based on tate adopted TDP and the . ludian River County ►'s adopted Transportation Improvement Program: f. To follow all applicable FTA transit; The SRA shall adhere to all FTA in to list of Certifications and Assurances; the Master Agreement, the Federal Register, anal. io . other FTA correspondence. Specifically, the SRA's responsibilities are: 1. To follow all applicable The SRA shall adhere to all FrA,T, and Oxaty procedures in procuring all goods and services with F and State grant funds. In procuring rolling stock, the SRA agrees utilize the state contract when possible. For state contract .purchases, the SRA will ensure that Buy America, pre -award., post-delivety, and other applicable FTA requirements are met. The SRA shall not expend Federal or State funds on any item unless that item is included is an approved grant. The SRA shall obtain written approval from the County prior to making capital purchases in excess of $10,000. 2. To complwith:alt Dram and Algghol Program Requirements: The SRA will maintain a. drug-free workplace and shall administer a drug and alcohol program that complies with a)l applicable FTA ropkements, including the provisions of 49: CFR Parts' 653 and 654. This will involve conducting drug/alc 9hol training and testing, coo g. bpi pexformanee testing, sitting an annual certificate of comphonce, filing MIS forms annually, and maintaining drug test confidentiality. 3. Tp comply with all ADA rcguirements: Indian River County Public Transportation Service Agreement Page 4 133 The SRA wiU ensure that all servxv, , personnel receive tic ADA blining that incorporates the seven ADA service provis%. nm SRA. will provide reasonable accommodations as defined by the ADA t All: transit patrons requiring special accommodations and will ensure th4 its facilities and vehicles are ADA accessible. The SRA will also ioEitahrWn and adhere to its adopted ADA complaint procedures. 4. To solicit public comment on fare and service chaneg_s: The SRA will present any proposed fare and serves changes at a public hearing prior to adoption.. Comments ved during the public bearing must be considered by the SRA in the ipementation of fare and service changes, particularly fare increases and service reductions. 5. To coll=L compjle. Wd rwmort NatiQttal Transit Database Information: The SRA :will dolled, oomp e, and applicable system information as required undir 49 U$C� Section 531W This information will be reported in the format and time frame required. At least one week prior to. submitting 1' Wonal Transit Database information, the SRA shall submit a copy of that information for the County to review. 6. To comply with all MOYA Ri hg_ts Requirements: The SRA will maintain its Title VI program, ompty. with DBE requirements in hiring and procurement, and, provide DM 49kon time. g. To ibrmEawar. v bleance on all transit vehis SRA will perform all preventive maintenance as scheduled and in ounflo rmance with the Indian River. County Transit Vehicle and Accessibility Feature maintenance plan. VI. Public Records Compliance A. Indian River County is a public agency subject to Chapter.1119FWda Status. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Deep and maintain public records roui by the C,► to perform the service. (2), Upon request from the County0s 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 Indian River County Public Transportation Service Agreenimt Page 5 134 the duration of the contract term and: fallowing completion of the contract if the contractor does not transfer the records to the Com'. (4) Upon completion of the contract, trans', at ho: COO, to the County all riblic records in possession of the Contwtor 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 Ctstractor shall destroy dny dq&cde public records that are exempt or confidential and exempt from public recor& disclosure requirements. If the contractor keeps and maintains public records upon completion of the contrac4 the Contractor shall meet all applicable requirements for retaining public records. All records stored elaMonically 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 TM CONTRACTOR QUESTIONS REGARDING,THE APPLICAT10* OF. CRAPT ER 119, FLORIDA STATI;3'TR $ TO THE CONTRACTOGVSDUTY TO OV:' PUWJC RECORDS RELATM TO M9 CONTRACT,Ctl AST THE C'I�' DIAN 1. OF PUBLIC MCORI ATz M2) x-1424 pireord @,irw .cum Indian River County Office of CounlyAtorney 18o12r Street Vero Beach, FL 32M C. Failure of the Contractor to1 with theme i p y rcqurem its shall be a material breach of this Agreement. In witness of the foregoing, the partics have, reed this Agreement and have affixed their signatures, effective on the date � abo: County Attorney Chairman v i Peter :% O' Bryan BCC Approved: June 19, .2018 0�'2 Indian River County Public Transportation Service Agreement rt, Page 6 135 FXommunity Development\Users\MPO\Admin\Agreements%TRANSIT`;2018\New Agreement for Public Transportation Service SRA Final.doc Indian River County Public Tmispostetion Savioe Apmwent Page 7 FIRST EXTENSION OF AGREEMENT FOR MANAGEMENT AND OPERATIONS OF INDIAN RIVER PUBLIC TRANSPORTATION SERVICES This First Extension of Agreement For Management and Operations of Indian River Public Transportation Services (Agreement), entered into this day of June , 2023, by and between the Indian River County Board of County Commissioners (County) and the Senior Resource Association, Inc. (SRA), RECITALS WHEREAS, the Parties entered into an Agreement For Management and Operations of Indian River Public Transportation Services on June 18, 2018, to establish the responsibilities of each party with respect to obtaining and administering public transportation capital and operating assistance authorized by 49 USC, Section 5307 and other provisions of Federal and State law governing the provision of Public Transportation services. The purpose of the Agreement is to comply with Federal Transit Administration and FDOT requirements to establish formal procedures for grant application and administration activities; and WHEREAS, the Agreement called for an initial term of five years from 2018 to 2023, with two 2 -year extensions beyond the initial five (5) year period of the agreement, exercisable at the sole discretion of the County, and WHEREAS, it is the intent of the County and the SRA that the Agreement be extended for the first two (2) year term. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. The Agreement is hereby extended to provide for an additional term of two years from June 30, 2023 to June 30, 2025. 3. All other provisions of the Agreement shall remain in full force and effect. Signatures on Following Page Page I of 2 137 IN WITNESS WHEREOF, the County and SRA have executed this First Extension this day of June, 2023. SENIOR RESOURCE ASSOCIATION, INC. INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Karen Deigl, President/CEO of the Senior Resource Association, Inc. Date Approved: Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM: William K. DeBraal, Esq. Deputy County Attorney Page 2 of 2 Joseph H. Earman, Chairman, Board of County Commissioners Date Approved: APPROVED John A. Titkanich, Jr. County Administrator 138 FOURTH EXTENSION TO LEASE AGREEMENT THIS FOURTH EXTENSION TO LEASE AGREEMENT ("Fourth Extension") by and between Indian River County, Florida, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida ("County" or "Landlord"), and Senior Resource Association, Inc., a Florida non-profit corporation, whose address is 694 14th Street, Vero Beach, FL 32960 ("Tenant"). BACKGROUND RECITALS: WHEREAS, the Parties entered into a Lease Agreement ("Agreement") dated July 17, 2012, for a maintenance facility and administrative offices on County owned land located at 4385 and 4395 43rd Avenue, Vero Beach, Florida; and WHEREAS, the term of the Agreement was for five years in order to provide the Tenant with space to store and maintain its fleet of buses, including related operations and administration; and WHEREAS, the Parties entered into an Amendment and Extension to Lease Agreement on August 16, 2016 to include language required in lease agreements for facilities built with Federal Transit Administration funding and to extend the Agreement for a two-year term until 2019; and WHEREAS, the Parties entered into a Second Extension to Lease Agreement on October 15, 2019 to extend the Agreement for an additional two-year term, expiring on May 21, 2021; and WHEREAS, the Parties entered into a Third Extension to Lease Agreement on December 14, 2021 to extend the Agreement for an additional two-year term, expiring on June 30, 2023; and WHEREAS, the Parties desire to extend the term of the lease for an additional two years; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows: 1. Recitals. The above recitals are true and incorporated as a part of this document by reference herein. 2. Extension. The term of the Lease Agreement dated July 17, 2012 is hereby extended an additional two years, now terminating on June 30, 2025. 4. Existing Terms and Conditions. Other than the above stated Extension, the terms and conditions of the Lease Agreement dated July 17, 2012, and Amendment dated August 16, 2016, shall remain in full force and effect. 139 IN WITNESS WHEREOF, the parties hereto have caused this Fourth Extension to Lease Agreement to be executed by their respective duly authorized representatives as of the date first set forth above. SENIOR RESOURCE ASSOCIATION, INC Karen Deigl, President/CEO of the Senior Resource Association, Inc. Date Approved: Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Joseph H. Earman, Chairman, Board of County Commissioners Date Approved: Approved: John A. Titkanich, Jr. County Administrator 2 140 ON INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Patrick J. Murphy; Senior Planner, Current Development DATE: May 26, 2023 SUBJECT: GRBK GHO Central Vero, LLC's Request for Final Plat Approval for a Subdivision to be known as Bella Rosa East [SD -20-06-01 / 2013110019- 92496] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 6, 2023. DESCRIPTION & CONDITIONS: Bella Rosa East is an 11 -lot residential "plat -over" site plan project, whereby an individual lot will be established over each residential unit. The project site is located on the south side of 26th Street, approximately 400 feet west of 58th Avenue, is zoned RM -8, Residential Multiple -Family (up to 8 units/ acre), and has an M-1, Medium -Density Residential -1 (up to 8 units/ acre) land use designation (see Attachment 1). The 1.9 -acre subject site is vacant and has never been previously developed. The density for Bella Rosa East is 5.79 units per acre. The final plat application is on file with the Planning Division. Per County Code Section 914.06(1)(a)4.a., single-family and multiple -family residential projects with less than 25 units may be approved at the staff level. On January 22, 2021, staff granted concurrent major site plan and preliminary plat approval for Bella Rosa East (SP -MA -20-06-22 / 2013110019-86769). After staff approval, the developer obtained a land development permit, constructed the subdivision improvements, and obtained a Certificate of Completion from Public Works on May 25, 2023. The applicant has submitted the final plat in general conformance with the approved major site plan and preliminary plat, and now requests that the Board of County Commissioners grant final plat approval for Bella Rosa East. ANALYSIS: All of the required improvements for Bella Rosa East have been completed and inspected, and a Certificate of Completion was issued on May 25, 2023. All improvements (stormwater tracts, landscape tracts, roadways) will be private, with the exception of certain utility facilities which will be dedicated to and guaranteed to Indian River County after plat recordation, as required by the Utility Services Department. All requirements of final plat approval have been satisfied. Page 1 of 2 141 RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Bella Rosa East. ATTACHMENTS: 1. Location Map 2. Final Plat Layout Page 2 of 2 142 Frm IN 2 a W m O m W a s ,a AY'.4f OL DL OL. DL L1 2' W r - -��., U U) �V--H-1,89 _ HD9L1 _ O TQ „� (M�1-1 SJIVDI) n`d 185 � At s Q+ oc 41 sa SEL $ j � AA zLM I fSL I osz I i la SPI N �— OOL ODL DOL OOL OBL Ea. �� ♦,.r H185 v •O �� � $ � � $ � M N w ,d vA �F :. a 98 96E S D� 0 NN ,91 OYL ,= �- F- - Ott - --- -- OK ---� t- O EO'LLL O+L HJ -69 Na k a x B B zW 8 fA VJT �N R Si m el B®'L6E $ 8 Dtl g - $ $ = g r N N J °Q Q m s 8 Z n w aY= ,b r o0L Iva nLo a 6OOL W Q N N a li. Z= 1 0 Z O F� <• 0-0 w.a t I tie g Q y� h Z WN 01 $ �NMr,a o' q to t H !-M M, S US k s �€4N�� .r. = o i T p "U O�P Z>2 L'Ild 6041 !0 Ltl�d J.OR Li0000000I� iO.�iMiCw' d .. I tie g SSV Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: May 25, 2023 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared by: Robert J. Tobar, EI, Utility Design Engineer Subject: Release of Retainage to Centerline, Inc., for North Sebastian Septic to Sewer and Water Project Phase 2 Description and Conditions: On April 20, 2021, the Indian River County (IRC) Board of County Commissioners (BCC) awarded the North Sebastian Septic to Sewer and Water Project Phase 2 to Centerline, Inc. (Centerline) in the amount of $3,881,269.00. On June 22, 2021, the BCC approved Change Order #1 in the amount of $159,297.70. On February 21, 2023, the BCC approved Change Order #2 in the amount of $260,866.00. These two change orders increased the total contract value to $4,301,432.70. Centerline was issued a Notice to Proceed on June 28, 2021, and has now tin s e e project and submitted their request for release of retainage. Analysis: Centerline has successfully completed all of the tasks described in the scope of work for a total invoiced amount of $4,237,767.78, which includes a release of retainage value of $211,888.39. An amount of $63,664.92 from the total contract value was not used for construction, thus lowering the total invoice amount. At Resolution III, the construction cost was estimated to be $4,100,000.00, but ended up costing $4,237,767.78. Water construction came in under budget by $455,781.33, but sewer construction came in over budget by $593,549.11, primarily due to change orders. The total project value came in over budget by $137,767.78. Item Description Estimated Construction Cost at Resolution III Actual Project Cost at the end of Project Sewer $ 2,094,463.38 $ 2,688,012.49 Water $ 2,005,536.62 $ 1,549,755.29 TOTAL $ 4,100,000.00 $ 4,237,767.78 Page 1 of 2 145 To date, Centerline has been paid $4,025,879.39. Payment in the amount of $211,888.39 (release of retainage) will complete the county's obligation to the contractor. Florida Department of Environmental Protection clearance has been obtained. Funding: Funds, in the amount of $191,347.09, are budgeted and available in the UT Assess/Retainage/Sebastian Phase II/Retainage — Centerline account, number 473-206000-17513. Funds, in the amount of $20,541.30, are budgeted and available in the ARP Fund/Retainage/Sebastian Phase II/Retainage — Centerline Inc. account, number 138-206000-17513. Account Name Account Number Amount UT Assess/Retainage/Sebastian Phase II/ 473-206000-17513 $ 191,347.09 Retainage — Centerline ARP Fund/Retainage/Sebastian Phase II/ Retainage — Centerline Inc. 138-206000-17513 $ 20,541.30 Total $ 211,888.39 Recommendation: Staff recommends that the Board of County Commissioners approve payment in the amount of $211,888.39, which will release any further obligations of the County from the Contractor. Attachment: • Pay Application No. 16 Page 2 of 2 146 APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 Application is made for payment, as shown below, in connection with the OUR INVOICE No. 210572-16Ret TO OWNER: Indian River County Utilities Dept PROJECT: APPLICATION NO.: 16Ret Distribution to: 180127th Street North County W&S System Ph.2 PERIOD TO: 4/19/2023 C OWNER Vero Beach, FL 32960 CL PROJECT NO.: 210572 C ARCHITECT Final Retainage ❑ CONTRACTOR CONTRACT DATE: 4/20/2021 X ENGINEER FROM CONTRACTOR: CENTERLINE, INC. 2180 SW Poma Drive Palen City, FL 34990 (561)689-3917 CONTRACT FOR: Water & Sewer System CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's Application is made for payment, as shown below, in connection with the knowledge, information and belief the Work covered by this Application for Contract Continuation Sheet, AIA Document G703, is attached. Payment has been completed in accordance with the Contract Documents, $ 63,664.93 that all amounts have been paid by the Contractor for Work for which 1. ORIGINAL CONTRACT SUM ........... _ . ...... ... 3,881,289.00 previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. 2. Net change by Change Orders ................. ... .... 356,498.78 3. CONTRACT SUM TO DATE (Line 1 + 2) ... ....... $4,237,767.78 4. TOTAL COMPLETED & STORED TO DATE .. .. _ . 4,237,767.78 (Column G on G703) 5. RETAINAGE: a. 0.0% of Completed Work. 0.00 (Columns D + E on G 703) b. 0.0% of Stored Material .. 0.00 (Column F on G703) Total Retainage (Line 5a + 5b or Total in Column 1 of G703) 0.00 6. TOTAL EARNED LESS RETAINAGE .............. . 4,237,767.78 (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT... ...... 4,025,879.39 (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE .... $211,888.39 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) ..... . ............... 0.00 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approve in previous $ 420,163.71 months by Owner Total approved this Month $ 63,664.93 TOTALS $ 420,163.71 $ 63,664.93 NET CHANGES by Chane Order See line 2. CONTRACTOR: g CENTERLINE UTILITIES, INC. tC�G�rtCj 2's Florida unty of: Martin Subscribed and awo to before a� me this da f Notary Public: My Commission expires: 6''" '4 CATHERINE ASH �7 MYCOMM[SSION#GG325773 �ra,,c/a EXPIRES: May 26, 2023 ARCHITECTS CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Architect certifies to the Owner that to the best of Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNTCERTIFIED ........ $211,888.39 (attach explanation if amount certified differs from the amount applied for. Initial all figures on this Application and on the Continuation Sheet that are changed to conform to the amount certified.) Engineer MASTELLER S MOILER, INC. - Sean C. Green, PE - Exec. Vice President gipyptlht�,co�n IX1. o,R eYV I6,H1 MO,I¢a .,[. By: .--_. _.....>'�""j-.__.. ,�, .,� Date: 4/28/2023 or Baa+. aeam This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. 147 T..&C�lE�:lit: _: - a za�se t �r�rr��e �rw : r.�: :.:aca®�� amu. '� a �srr�rrrs�a �.�mrw - - . ^1iE lili':'T�,EY�6i�rY�ISA"Sif�O[ 1 Yom"^ B F- _. J K WORKCOMPLETED FROM MATEMM ' ED ITEM LIIEDI�IEI CONTRACT QUANTITY PREVIOUS THIS P ' A7R1 i ro FE7/W1aOd DESCRIPTION OF WORK UNIT a2K;E NO. QUANTITY TOTALTO. APPLICATION APPLICATION .Y. C�11P w '• ..,..DATE... D+ IOIC) 0 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: May 17, 2023 To: Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Jesse Roland, Sr. Plans Reviewer Subject: Acceptance of Utility Easements — Spirit of Sebastian PUD Pod 2 (Located Within the Municipal Boundaries of the City of Sebastian) Background/Analysis: A property located at the southeast corner of Delmonte Road and Balboa Street within the municipal boundaries of the City of Sebastian is in the process of being platted as a single-family residential subdivision and will be known as Spirt of Sebastian Planned Urban Development (PUD) Pod 2. The developer is dedicating utility easements to the Board of County Commissioners (BCC) of Indian River County (IRC) for the water and sewer systems, which are presently under construction. Since the dedication of the easements is by virtue of the plat, a formal acceptance of these easements is required by the BCC. Attached is a copy of the proposed plat of Spirit of Sebastian PUD Pod 2. The Developer has posted with the County cash in the amount of 125% of the required utility improvements not yet constructed and has entered into a Contract for Construction of Required Improvements (UCP #3583) as well as a Letter of Credit to guarantee completion. Funding: There is no cost to the BCC with regard to this item. Recommendation: Staff recommends that the Board of County Commissioners accept the Dedications of Utility Easements and Limited Access Easements as depicted on the proposed plat of Spirit of Sebastian Planned Urban Development (PUD) Pod 2, and authorize the Chairman to execute the Acceptance of Dedications by Indian River County on Sheet 1 of the plat of Spirit of Sebastian PUD Pod 2 at such time as the mylar becomes available for signature. Attachments: 1. 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Wi _.i------_ I CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Karen Rackard, 911 Coordinator DATE: May 25, 2023 6 SUBJECT: Joint Regional Next Generation 9-1-1 Systems and Services MOU And Application for 911 State Grant Program BACKGROUND. Brevard County, Indian River County, Lake County, Orange County, Osceola County, Seminole County and Volusia County, encompass a portion of the 9-1-1 Region 5, as designated by the Florida Department of Management Services for the purposes of establishing regional 9-1-1 initiatives. As we know, emergency incidents and disasters do not recognize county boundaries. Additionally, the legacy routing of 9-1-1 calls, built around landline telephone technology does not route cellular callers to the authorities based on their physical location. A large majority of calls for assistance now come from cellular callers. The Joint Regional Next Generation 9-1-1 Systems and Services Project Memorandum of Understanding (MOU) recognizes the need to move toward Next Generation 9-1-1 and allow for improved 9-1-1 services across jurisdictional boundaries. Under the MOU, each county agrees to collaborate on the framework for providing the Next Generation 9-1-1 Systems and Services, while each county retains the right to select and implement the equipment and services that best meet their requirements. This MOU will also assist each of the counties in being eligible for the Florida 9-1-1 State Grant Program. These state grants are awarded to assist Public Safety Answering Points in upgrading to NG9-1-1 capabilities. Under the MOU, each county will be responsible for submitting a grant application and subsequent documentation for grant reimbursement. Staff is also seeking Board approval to apply for the Florida 9-1-1 State Grant Program consistent with the MOU. The justification for this project is based on the NENA B NG911 standard requiring the county 911 agencies to support interoperability and share accurate location information as the transition from legacy 911 to NG911 systems evolves. The Florida 9-1-1 State Grant Program will fund the entire project, should Indian River County receive an allocation from the 9-1-1 Board. The Chairman must sign the grant application before submittal to the 9-1-1 Board. FUNDING. The cost of the Region GIS Repository project is $207,472.16 and will be funded with a budget amendment allocating the grant revenue and expenses. If the grant is not awarded, a budget amendment from 911 Surcharge Fund/Cash Forward -Oct 1" will be needed. 161 RECOMMENDATION. Staff recommends the Board approve the Joint Regional Next Generation 9-1-1 Systems and Services Project MOU and authorize the chairman to execute the MOU and any other documents necessary to effectuate the MOU. Additionally, staff recommends the Board to authorize the Chairman to execute the attached E911 State Grant Application. ATTACHMENT. Joint Regional Next Generation 9-1-1 Systems and Services Project MOU Application for the 911 Grant Program 162 FLORIDA 9-1-1 REGION 5 NEXT GENERATION 9-1-1 ROUTING PROJECT MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING (MOU) REGARDING A JOINT REGIONAL NEXT GENERATION 9-1-1 ROUTING PROJECT BETWEEN BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, LAKE COUNTY BOARD OF COUNTY COMMISSIONERS, ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS, OSCEOLA COUNTY BOARD OF COUNTY COMMISSIONERS, SEMINOLE COUNTY BOARD OF COUNTY COMMISSIONERS, VOLUSIA COUNTY COUNCIL WHEREAS, this memorandum of understanding ("MOU") is made and entered into by and between Brevard County Board Of County Commissioners (hereinafter, Brevard BOCC), Indian River County Board Of County Commissioners (hereinafter, Indian River BOCC), Lake County Board of County Commissioners (hereinafter, Lake BOCC), Orange County Board of County Commissioners (hereinafter, Orange BOCC), Osceola County Board of County Commissioners (hereinafter, Osceola BOCC), Seminole County Board Of County Commissioners (hereinafter, Seminole BOCC), Volusia County Council (hereinafter, Volusia BOCC) who desire to enter into a Memorandum of Understanding regarding the parties Joint Regional Next Generation 9-1-1 (NG9-1-1) Systems and Services Project ("Project"). WHEREAS, the Board of County Commissioners and the Volusia County Council listed in this agreement will be referred to collectively as the "Parties" and individually referred to as a "Party". WHEREAS, the Parties are authorized by 163.01, Florida Statutes, to enter into interlocal agreements to cooperatively and efficiently use their powers to provide public services that will advance the general health, safety, and welfare of their respective citizens. WHEREAS, an MOU is a requirement of the State E9-1-1 Board to receive multiple -year grant funding to support NG9-1-1 Systems and Services. I. PURPOSE The Brevard BOCC, Indian River BOCC, Lake BOCC, Orange BOCC, Osceola BOCC, Seminole BOCC, and Volusia BOCC, encompass a portion of the 9-1-1 Region 5, as designated by the Florida Department of Management Services (DMS) for the purposes of establishing regional 9- 1-1 initiatives. Emergency incidents and disasters do not recognize county boundaries. Additionally, the legacy routing of 9-1-1 calls, built around landline telephone technology does not route cellular callers to the authorities based on their physical location. A large majority of calls for assistance now come from cellular callers. This MOU serves to further the 2019 legislative initiative of HB 441 that subsequently created FS 3 65.177. "Transfer of [emergency] calls between systems". Each BOCC outlined in this MOU recognizes the need to move toward NG9-1-1 and allow for improved 9-1-1 services across jurisdictional boundaries. This active MOU meets the requirements of the 911 Grant Program and supports interagency coordination necessary to develop effective 911 systems per the Florida Emergency Communications Number E911 State 163 FLORIDA 9-1-1 REGION 5 NEXT GENERATION 9-1-1 ROUTING PROJECT MEMORANDUM OF UNDERSTANDING Plan published in 2017. Each BOCC agrees to participate. This MOU will establish the framework through which each individual county will collaborate to implement the Project. Whereas each county agrees to collaborate on the framework, each county will retain the right to select and implement the equipment and services that best meet their requirements. Specifically, the counties desire to plan, operate and maintain a shared NG9-1-1 Network and critical components and services necessary to ensure the most accurate and efficient routing of 9-1-1 calls. This may include but is not limited to an Emergency Services IP Network (ESInet), Next Generation Core Services (NGCS), Geographic Information System (GIS) data accuracy, GIS data aggregation, Cybersecurity and future advancements for interoperability amongst the region and/or developed by the state E911 Board. II. GRANT AWARD The Florida 9-1-1 State Grant Program allows for a five-year award for regional projects with the provision of an MOU between the participating counties of that region. These state grants are awarded to assist Public Safety Answering Points (PSAPs) in upgrading to NG9-1-1 capabilities. The Florida E9-1-1 Board, as Grantor, will be distributing funds to qualifying local governments in accordance with grant guidelines. Each party understands that it will be responsible for submitting a grant application and subsequent documentation for grant reimbursement. All the parties agree to abide by the grant conditions. III. REGIONAL COORDINATION The parties agree to: A. Collaborate on NG9-1-1 requirements that ensure maximum levels of interoperability through the involvement of the appropriate local, state, and tribal authorities within the counties and other entities. B. Collaborate on NG9-1-1-related matters and encourage collaboration between PSAPs and GIS authorities in the development, maintenance, and sharing of the critical GIS data needed to support NG9-1-1 services across the region and the State of Florida. IV. INFORMATION AND OWNERSHIP Each party shall retain ownership, control of, and remain the public record custodian of all information it contributes to the shared NG9-1-1 system. Counties may access shared data in the secure network or through shared data repositories as necessary for the effective operation of the system. As it relates to the NG9-1-1 ESlnet and Core Services, each party agrees to select NG9-1-1 providers that meet the latest NENA Q Standard, NENA GIS Data Model, and NENA Next Generation Security standards. VI. TERMINATION Each party's obligation to perform in accordance with this MOU is contingent upon the availability 2 164 FLORIDA 9-1-1 REGION 5 NEXT GENERATION 9-1-1 ROUTING PROJECT MEMORANDUM OF UNDERSTANDING and appropriation of grant funds that are appropriated or allocated for the purpose of carrying out this MOU. Any party may terminate their participation in this MOU if it does not receive funds to allow it to participate in the Project. Any party wishing to terminate its participation pursuant to this provision shall notify the other parties in writing at least thirty (30) days before withdrawing from the Project. A. If grant funds are available and appropriated, all parties agree that they will not terminate their participation in this MOU prior to the end of the grant project period without the E9- 1-1 Board and DMS (the grantor) written approval. After the grant project period has ended, any party may terminate their participation in this agreement upon thirty (30) days of written notice to all other parties. B. Any party who terminates its participation in the Project shall bear the cost of any local modifications necessary to exit participation in the shared 9-1-1 system necessitated by the termination. No terminating party shall be entitled to a refund of any payments made to improve the shared system. VII. LIABILITY No participating party shall be liable to any other party for any third -party claim, which may arise out of the shared 9-1-1 system itself, its operation or use, or its failure to operate as anticipated, upon whatever cause of action any claim is based. The shared 9-1-1 system is designed to enhance regional 9-1-1 functions and assist emergency service agencies to provide backup to one another in disasters. It is not intended to be a substitute for the exercise of judgment or supervision of individual county professionals or employees. All participating parties acknowledge that the responsibility for providing 9-1-1 and public safety services or other government -related services rests with the respective county which is providing such service and not with any other party to this MOU. VIII. NOTICE All notices required to be given under this MOU shall be deemed sufficient to each party when delivered by email or registered or certified mail to: Brevard County Board of County Commissioners POC: Heather Musolff, Brevard County 911 Systems Manager Address: 2725 Judge Fran Jamieson Way #A-120 Melbourne, F132940 Email: heather.musolff(abrevardfl.gov Indian River Board of County Commissioners POC: David Johnson, Director, Indian River County Emergency Services Secondary POC: Karen Rackard, Indian River 911 Coordinator Address: 4225 43rd Avenue, Vero Beach, FL 32967 Email: diohnsonAirc og v.com Secondary Email: KrackardAirc og_v.com 3 165 FLORIDA 9-1-1 REGION 5 NEXT GENERATION 9-1-1 ROUTING PROJECT MEMORANDUM OF UNDERSTANDING Lake County Board of County Commissioners POC: Gregory A. Holcomb, Lake County E911 Coordinator Address: 20415 Independence Blvd. Groveland, FL 34736 Email: E91I(a,lakecount�fl.gov Orange County Board of County Commissioners POC: Taunya Harris, Orange County E911 Coordinator Address: 400 E South Street, Orlando, FL 32801 Email: 911 AdminAocfl.net Osceola County Board of County Commissioners POC: Kristy Parnell, 911 Coordinator Address: 2601 E Irlo Bronson Mem Hwy, Kissimmee, FL 34744 Email: krisly.pamell(a,osceolasheriff.org Seminole County Board of County Commissioners POC: Dina Walker, Seminole County 911 Program Manager Address: 150 Eslinger Way Sanford, Florida 32773 Email: mwalker(&seminolecountyfl.gov Volusia County Council POC: Tricia Davis, 911 Coordinator Volusia Sheriff's Office Address: 3825 Tiger Bay Rd, Suite 161 Daytona Beach, FL 32124 Email: tdavisAvolusiasheriff. ov X. MODIFICATIONS This MOU may be amended by a written agreement signed by each of the Board of County Commissioners and the Volusia County Council or their designee. Modifications of this MOU do not relieve counties from implementing the content of the approved grant awards. XI. EFFECTIVE/DURATION This MOU shall be effective on the date of the last signature herein. The term of this MOU shall be perpetual unless earlier terminated by any party as provided herein. Signatures continue on the next pages. 4 166 FLORIDA 9-1-1 REGION 5 NEXT GENERATION 9-1-1 ROUTING PROJECT MEMORANDUM OF UNDERSTANDING 1) Brevard County Board of County Commissioners (or designee) -- required BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS By: Rita Pritchett, Chair Date: As approved by Board on: ATTEST: Rachel Sadoff, Clerk of the Court Brevard County, Florida Reviewed for legal form and content by: Heather A. Balser, Assistant County Attorney 167 FLORIDA 9-1-1 REGION 5 NEXT GENERATION 9-1-1 ROUTING PROJECT MEMORANDUM OF UNDERSTANDING 2) Indian River County Board of County Commissioners (or designee) -- required Joseph H. Earman, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr., Interim County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 168 FLORIDA 9-1-1 REGION 5 NEXT GENERATION 9-1-1 ROUTING PROJECT MEMORANDUM OF UNDERSTANDING 3) Lake County Board of County Commissioners (or designee) -- required ATTEST: Gary J. Cooney, Clerk Board of County Commissioners of Lake County, Florida Approved as to form and legality: Melanie N. Marsh County Attorney 7 BOARD OF COUNTY COMMISSIONERS LAKE COUNTY, FLORIDA Kirby Smith, Chairman This day of , 2023 169 FLORIDA 9-1-1 REGION 5 NEXT GENERATION 9-1-1 ROUTING PROJECT MEMORANDUM OF UNDERSTANDING 4) Orange County Board of County Commissioners ORANGE COUNTY, FLORIDA By: Board of County Commissioners Jerry L. Demings Orange County Mayor Date: ATTEST: Phil Diamond, CPA, County Comptroller, as Clerk of the Board of County Commissioners Lo Deputy Clerk Printed Name 170 FLORIDA 9-1-1 REGION 5 NEXT GENERATION 9-1-1 ROUTING PROJECT MEMORANDUM OF UNDERSTANDING S) Osceola County Board of County Commissioners (or designee) -- required Don Fisher Osceola County Manager Date: E 171 FLORIDA 9-1-1 REGION 5 NEXT GENERATION 9-1-1 ROUTING PROJECT MEMORANDUM OF UNDERSTANDING 6) Seminole County Board of County Commissioners (or designee) -- required ATTEST: GRANT MALOY Clerk to the Board of County Commissioners of Seminole County, Florida. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. County Attorney 10 BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA BY: AMY LOCKHART, Chairman Date: As authorized for execution County Commissioners at its 2023, regular meeting. by the Board of 172 FLORIDA 9-1-1 REGION 5 NEXT GENERATION 9-1-1 ROUTING PROJECT MEMORANDUM OF UNDERSTANDING 7) Volusia County Council (or designee) -- required George Recktenwald County Manager Date 11 173 911 Grant Programs Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 174 1. Purpose........................................................................................................................... 3 2. Eligibility...........................................................................................................................3 3. Definitions........................................................................................................................3 4. 911 Grant Programs Calendar......................................................................................... 5 5. General Conditions.......................................................................................................... 6 6. Guidelines for 911 Grant Expenses................................................................................. 9 7. Approval and Award........................................................................................................10 8. Financial and Administrative Requirements....................................................................11 9. Grant Reporting Procedures...........................................................................................12 10. Change Requests...........................................................................................................13 Application................................................................................................................................15 Appendix II: Florida 911 Regional Map.....................................................................................23 Addendum I: Funding Priorities.................................................................................................24 Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 2 175 1. Purpose Each county, group of counties or region applying for E911 State Grant, to be further known as 911 State Grant, to assist counties with the replacement or upgrade of 911 Systems; for counties to develop and maintain statewide 911 routing using Emergency Services Internet Protocol (IP) networks (ESlnet), Geographic Information Systems (GIS) and services, and Management Information Systems (MIS); and develop and maintain Next Generation 911 (NG -911) systems and services. The State 911 Grant Programs distributes funds collected pursuant to section 365.172-173, Florida Statutes. Federal Grant funding uses the 911 Grant Programs for approval and disbursement of federal funds to assist counties in implementing and improving NG -911 system and services. 2. Eligibility Any county, group of counties, or region in the State of Florida is eligible to apply for these grant programs. Only a region, as defined below, may qualify for a grant award for a 5 -year Regional Next Generation 911 Routing Project. 3. Definitions 3.1. Enhanced 911 (E911): An enhanced 911 system or enhanced 911 service that is an emergency telephone system or service that provides a subscriber with 911 service and also directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated, or as otherwise provided in the state plan under section 365.171, Florida Statutes, and that provides for automatic number identification and automatic location -identification features. 3.2. NG -911 Equipment: Hardware equipment and peripherals needed to implement and maintain NG -911 services. 3.3. E911 System: The Public Safety Answering Point equipment, in accordance with the State E911 Plan, including 911 call routing, processing, mapping, and call answering communications equipment. 3.4. Alternate Contract Source (ACS) — A competitively procured contract led by a federal, state, or local government. The ACS contract is cost-effective, contains language contemplating its use for cooperative purchasing, and the best interest of the county to use for purchases. Provided that the county's purchase is not over expansive in size and scope. 3.5. Grantee/Subrecipient: The county, group of counties, or region awarded a grant 3.6. Grantor: The Florida E911 Board. Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 3 176 3.7. Government Accounting Standards Board (GASB): The independent organization that establishes and improves standards of accounting and financial reporting for U.S. state and local governments. 3.8. Hosted Services: Hosted Services are technology services using the vendor's servers for a fee. 3.9. Maintenance Contract: A business agreement between a contractor and customer covering the maintenance of equipment over a specified period. 3.10. Next Generation 911 (NG -911): The designation for an advanced 911 emergency communications system or service that provides a communications service subscriber with 911 service. NG -911 also directs 911 emergency requests for assistance to appropriate public safety answering points based on the geographical location from which the call/signal originated, or as otherwise provided in the State E911 Plan and that provides for automatic number identification and automatic location identification features and emergency data information through managed IP -based networks. 3.11. Next Generation 911 Core Services (NGCS): The base set of services needed to process a 911 call/signal on an ESlnet. Includes the Emergency Service Routing Proxy (ESRP), Emergency Call Routing Function (ECRF), Location Validation Function (LVF), Border Control Function (BCF), Bridge, Policy Store, Logging Services, and typical IP services such as Doman Name System (DNS) and Dynamic Host Configuration Protocol (DHCP). The term NG -911 Core Services encompass the services but does not include the network on which they operate. 3.12. Next Generation 911 Routing Project: A Next Generation service that incorporates multiple counties. 3.13. Public Safety Answering Point (PSAP): The public safety agency that receives incoming 911 requests for assistance and dispatches appropriate public safety agencies to respond to the requests in accordance with the State E911 plan. 3.14. Region: Refers to the counties grouped by the Florida 911 Regional Map. All systems within a region must be interoperable. 3.15. Service Contract: A written contract to perform, over a fixed period or for a specified duration, duties relating to informational and technical services. 3.16. Warranty contract: A written guarantee given to the purchaser of a new item by the manufacturer or dealer, usually specifying that the manufacturer will make any repairs or replace defective parts free of charge for a stated period. Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 4 177 4. 911 Grant Programs Calendar The E911 Board will accept applications as noticed in the Florida Administrative Register. Action Eligible entity submits Submission date(s) as application published in the Florida installation period Administrative Register E911 Board Members evaluate Within two months of the applications submission date E911 Board votes on Within three months of the applications to fund at regularly submission date scheduled meeting may be shorter time E911 Board sends notification Within four months of the letter of awards approved for submission date funding to the counties. An annual grant may be Performance Period County, group of counties or Two years from receipt of regional implementation/ award notification installation period Next Generation 911 Regional Maximum of five years Routing Project Maximum implementation Period of five years however Next Generation Projects may be shorter time dependent upon board approval. Service and Data Maintenance An annual grant may be Projects outside of a NG -911 funded. Regional Routing Project Initial Database Two years from receipt of synchronization (such as ALI, award notification MSAG, and Centerline) Database maintenance (such Approved only with Regional as ALI, MSAG, Centerline....) Routing Project Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 5 178 5. General Conditions Applications must be delivered to the following address: State of Florida E911 Board ATTN: E911 Board Administrative Staff 4030 Esplanade Way, Suite 135 Tallahassee, FL 32399-0950 Or electronically to E911 Board Electron icGrantReports(a�dms.fl.gov Electronic receipt of the grant application and all attachments is preferred. 5.1. The applicant shall provide Application Form items 1 through 14 and the applicable procurement documents. The grant application package must be postmarked or delivered on or before the submission date specified in the E911 Board notification of an E911 Grant Programs published in the Florida Administrative Register. Failure to timely provide these documents will result in a rejection of the grant application. 5.2. Pursuant to sections 365.172(6), 365.172(10), 365.173(2) Florida Statutes, grant funds must only be used for the following items/services: to upgrade or replace 911 systems; to develop and maintain statewide or regional 911 routing; geographic information and management information systems (GIS and MIS); to develop and maintain Next -Generation 911 (NG -911) services and equipment; and remotely provided hosted 911 answering point call -taking equipment and network services directly attributable to establishing and provisioning E911 or NG - 911 services. Warranty costs shall be calculated to account for only the first-year warranty. 5.3. To be considered for a grant award, all Next Generation projects must meet the NENA i3 technical standards. 5.4. GIS grants may be limited to funding to achieve the 98% accuracy rate as identified in the NENA GIS Data Model. 5.5. Although a Next Generation 911 Regional Routing Project may be awarded for up to five years, the cost shall be accounted for on a yearly basis. The application must also include a detailed breakdown of costs by year one through year five and if applicable a monthly breakdown. This would include an expected reimbursement schedule. 5.6. All Next Generation 911 project vendors must certify in writing that their systems will be interoperable with bordering counties, regions, and adjacent state lines. 5.7. Only the percentage of service and equipment directly attributable to provisioning of 911 services is eligible. Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 179 5.8. All maintenance requests, within a single priority, for eligible services and equipment shall be combined into a single application, including the breakdown of line -item costs. 5.9. All grant applications shall be accompanied by at least one complete quote for equipment or services. 5.9.1. Grant applications totaling $35,000.00 or more must be accompanied by at least three written substantiated quotes from different vendors. Complete quote submittals shall include a detailed scope of work, all pages included in the vendor proposal, breakdown of all costs, including equipment, service tasks, and deliverables. Any county, group of counties, or region that has made a good faith effort to obtain at least three quotes in accordance with the competitive procurement process in 287.057(1), Florida Statutes and has not been able to obtain the quotes can request E911 Board review based on substantiated proof of posting of the request with documentation of the limited responses. Subject to the following exceptions: a) When purchasing from a DMS State Term Contract or DMS authorized Alternate Contract Source, the county shall follow the DMS State Purchasing ordering instructions and their county procurement rules and policies. Should the DMS State Purchasing ordering instructions and their county procurement rules and policies conflict, the county procurement rules and policies shall prevail, with provision of a letter from the county's purchasing department. b) When purchasing from an Alternate Contract Source that has not been approved by DMS State Purchasing, the county shall follow their county procurement rules and policies, with provision of a letter from the county's purchasing department. c) Services or commodities provided by governmental entities do not require more than one quote. d) The county, group of counties, or region can initiate a request for approval to procure from a single source vendor. These will be considered on a case-by-case basis. Justification for single source procurement shall be provided with the application, which shall include a costs analysis that reviews the allowability, necessity and reasonableness of all cost elements. The single source procurement will be considered if provided in accordance with Chapter 287 Florida Statutes. A letter from the applicable county's purchasing department(s) that the project is a single source procurement based on Section 287.057(3)(c), Florida Statutes, shall be provided with this grant application. Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 7 180 5.10. Applicants requesting items from different funding priorities should complete a separate Budget Report (Rule 60FF1-5.0035(1), F.A.C) for each priority. See Addendum I -Funding Priorities for the 911 Grant Programs for a listing of funding priorities. Items from the same funding priorities should be combined in the same Budget Report and shall comply with General Conditions items 5_9 and 5.10. 5.11. An individual county application must include: 5.11.1. A detailed description of line item and cost. This would include the item, model, or version. Additional requests may be made for more clarification as needed. 5.11.2. If possible, software service/maintenance dates. 5.11.3. Budget Report 5.11.4. Most current 6A. (Rule 60FF1-5.006(2), F.A.C) 5.11.5. If applicable, detailed legacy 911 service information. 5.12. Should a region or two or more counties apply for a grant, the following additional information needs to be provided: 5.12.1. A summary of the costs for entire region or two or more counties detailing the following: a) Total amount of funds being requested. b) The scope of work (SOW) that clearly establishes the tasks and deliverables being performed for successful completion of the project. All deliverables must be directly related to the SOW. c) Quote(s) must include quantifiable and measurable deliverables with detailed descriptions of each line item. Services dates must be included as well, if applicable. d) Single source documentation if applicable. e) Any letters required from the county purchasing department. fl All individual county application(s). 5.13. A memorandum of understanding (MOU) or an inter -local agreement from all counties involved must be completed within 3 months of E911 Board award. The MOU shall contain the financial procurement processes, the disbursement process, and all termination language. 5.14. Procurement shall be based on the county's procurement processes and the applicable State purchasing requirements, including but not limited to sections 112.061, 287.057, 287.017, and 287.058. Florida Statutes. 5.15. Funding application requests must include a scope of work that establishes the tasks and deliverables to be performed. The applications shall include all tasks that are required for the successful completion of the project. The project shall be divided into quantifiable units of deliverables that shall be received and accepted Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 0 181 in writing by the county, group of counties, or region before payment. Each deliverable must be directly related to the scope of work and must specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. 5.16. Funding requests must include all necessary costs required for full implementation of the proposed solution including that of any third party. Should the county, group of counties or region grant application request or grant award be less than the projected cost of the equipment or service, the county, group of counties or region should provide verification of the ability to fund the difference. Pricing submitted cannot be contingent upon "yet to be" determined fees for products and services by the proposer or any other third party required for implementation. 5.17. The county shall provide information on the county's preceding year E911 fee revenue amount and the preceding year's carryforward amount. 5.18. A State grant award may be limited by the carry forward balance in compliance with sub -paragraph 365.172(6)(a) 3.c., Florida Statutes. 5.19. Detailed information is required for any grant application requesting funding for systems that require immediate system replacement for provisioning of enhanced 911 in the county, group of counties, or region. Include detailed justification and explanation for any 911 system with an expected remaining life of less than one year. 5.20. Funding requests contingent upon "beta testing" or products and services not in general production and installation will not be funded. 6. Guidelines for 911 Grant Expenses 6.1. The following expenses will not be funded through grant award: 6.1.1. Salaries and associated expenses for 911 coordinators, call takers, or other 911 personnel. 6.1.2. Wireline database costs 6.1.3. Vehicle expenses 6.2. Funding limitations are specified on the following items: 6.2.1. Hosted 911 answering point call -taking equipment and network services, recurring network and circuit costs, equipment maintenance and warranty costs will not be funded for more than the first-year implementation period. 6.2.2. Service contracts for Next Generation 911 Regional Routing Projects may be approved for up to 5 years on a case by case basis. Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 9 182 6.2.3. GIS data support services to maintain NENA's 98% synchronization standard will be limited to one year of service unless combined with a Next Generation 911 Regional Routing Project. 6.2.4. Grant funding shall be limited (per grant cycle) to eligible expenditures for one PSAP per county, either one primary or one secondary PSAP. Counties with only one PSAP with no other primary or secondary PSAPs, may be eligible for grant funding for one backup PSAP. Geo - diverse systems may be considered one PSAP for the purpose of grant funding. 6.2.5. Except for NGCS, selective router equipment costs are limited to the primary PSAP system and are limited to one per county. 6.2.6. Training cost funding is limited to new system & equipment training. 6.2.7. The allowable grant funding for travel expenses is limited to the authorized amounts established in Section 112.061, Florida Statutes, and the Department of Financial Services Guidelines for State Expenditures. 6.2.8. Reimbursement requests for services that extend beyond a year will be reimbursed on an annual basis. Reimbursement will not be provided prior to services being rendered. 6.2.9. A federally funded project must comply with reimbursement in accordance with the federal project timetable. 7. Approval and Award 7.1. The E911 Board will review each application for compliance with the requirements of terms and conditions. 7.2. Award agreements shall be signed by the Board of County Commissioner Chair or the County Manager. 7.3. Grant awards will be withheld for any county, group of counties, or region that has a grant with a past -due quarterly report or past -due final documentation and closeout of previous E911 Board grant awards. Grant awards may also be withheld if the county, group of counties, or region is not in compliance with Board reporting requirements. 7.4. Applications will be awarded based upon the priorities set by the E911 Board as listed in Addendum I - Funding Priorities for the 911 Grant Programs. 7.5. The E911 Board will adjust the amount awarded to a county, group of counties, or region based upon the availability of funds, the reasonableness of the cost of requested items, published quotes, increased effectiveness of grant funds, minimum system requirements for performing the needed E911 function as specified in section 365.173(2)(h)1.,2., and 3., Florida Statutes, E911 State Plan, or documented factors provided in the grant application submission. NG -911 network systems should include a comparative presentation of network alternatives, including applicable LEC, CLEC, County, group of counties or region, Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 10 183 and State alternatives. All stepped pricing should be thoroughly explained, including the corresponding benefits for the county, group of counties or region, and the E911 Board. 7.6. Additional documentation must be signed by the local Board of County Commissioner Chair or County Manager. Resulting in third party contracts and sub -contracts, please see DMS agreement. 7.7. A signed vendor contract with the county, group of counties, or region contract must be provided. 8. Financial and Administrative Requirements 8.1. Grant funds are provided on a cost -reimbursement basis. 8.2. Each grantee may submit reimbursement claims to the E911 Board as needed; however, each county is limited to only a single claim request per grant, per month. Receipt of reimbursement funds from the E911 Board is contingent on the timely and accurate submittal of funding requests. Requests for reimbursement of expenditures must be submitted on the approved Financial Reimbursement of Expenditures Form (Rule 60FF1-5.0035(4), F.A.C). Incomplete claim forms or claims not submitted on the correct form cannot be processed and will be returned for corrections. Submit only for the amounts in each budget categories in which you have incurred expenditures. 8.3. Upon written request and with documentation justifying the need, a progress disbursement may be considered with a completed Financial Reimbursement of Expenditures Form, signed vendor contract, itemized purchase order and vendor itemized invoice. All items must comply with the Florida Department of Financial Services (DFS) Reference Guide for State Expenditures. Within 45 days of receipt of funding, the grantee shall submit verification of vendor payment. 8.4. Reimbursement claims shall include only expenditures related to the specific grant and include copies of signed contracts, purchase orders, itemized invoices, and proof of successful payment to the vendor. The reimbursement request must match the scope of work and budget proposed in the grant applications to include the quote provided with the application. Grants that include cost defined by a set number of work hours dedicated to a project must include additional documents as requested by DMS staff. All items must comply with the DFS Reference Guide for State Expenditures. 8.5. To assure prompt processing, complete reimbursement claims should be e- mailed to: E911 BoardElectronicGrantReports(vD-dms.fl.gov 8.6. Grant funds can only be used between the beginning and end dates of the grant term unless the E911 Board authorizes an extension. Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 11 184 8.7. It is the county, group of counties, or region's responsibility to maintain the property, equipment, or services in accordance with the scope of work. If a sale or transfer of such property or equipment occurs within five years after a grant ends, funds must be returned to the E911 Board on a pro -rata basis. If the equipment cost over $5,000 and the grant is federal, funded a county, group of counties, or region must maintain an inventory of 5 years. This applies to state grants unless the item becomes obsolete. 8.8. If a grantee terminates a contract for prepaid services, the unused portion must be returned to the E911 Board on a pro -rata basis. 8.9. The grantee agrees that any improvement, expansion, or other effect brought about in whole or part by grant funds will be maintained until the system or equipment becomes obsolete (On average five years). 8.10. If a grantee materially fails to comply with any term of an award, the Board shall take one or more of the following actions, as appropriate in the circumstances: • Withhold grant payments pending grantee correction of the deficiency. • Disapprove all or part of the cost of the activity or action not in compliance. • Suspend or terminate the current award for the grantee's project. • Suspend or deny future grant awards. 8.11. The Board will provide the grantee an opportunity for a hearing, appeal, or other administrative proceeding to which the grantee is entitled under Florida Statutes. 8.12. Grant awards or portion thereof may be terminated by the grantee upon written notification to the E911 Board, detailing the reasons for such termination, the effective date, and the release of allocated funds. 8.13. 911 Staff may require additional documentation to confirm proof of payment and deliverables met in accordance with DFS Reference Guide for State Expenditures. 9. Grant Reporting Procedures 9.1. Grantees will be required to submit: 9.1.1. Quarterly Status Report. (Rule 60FF1-5.0035(2), F.A.C) 9.1.2. Reporting will begin at the conclusion of the first full quarter after the award. The report periods will end on March 31, June 30, September 30, and December 31 of each year. Reports are due within 30 days of the ending report period. 9.1.3. The Quarterly Status Report shall inform the E911 Board of significant impacts on grant -supported activities. Significant impacts include project status developments affecting time schedules and objectives, anticipated lower costs, or producing beneficial results in addition to Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 12 185 those originally planned. Additionally, problems, delays, or adverse conditions that will materially impair the ability to meet the timely completion of the award must be reported. The disclosure must include a statement of the action taken or contemplated and any assistance needed to resolve the situation. 9.1.4. Federal documentation as requested. 9.2. Final Reporting Documentation includes: 9.2.1. Upon receipt of final reimbursement from DFS, a final Quarterly Status Report, shall be submitted based on the same reporting requirements described in grant reporting item 9.1. 9.2.2. Final documentation, including copies of all expenditures and corresponding invoices, shall be submitted within 90 days of the final report. The "Final Report" box on the Quarterly Status Report, shall be marked and include your project completion date. 9.2.3. Final document submission and closeout of a grant does not affect the E911 Board's right to disallow costs and recover funds based on an audit or financial review. The county, group of counties, or region shall remain obligated to return any funds expended that do not comply with the terms and conditions of the grant award. 9.2.4. The counties must provide DMS a copy of the Comprehensive Annual Financial Report (CAFR), consistent with section 218.32 Florida Statutes, no later than August 1 following the completion of the county. 9.3. All reports and associated information, federally required documentation, and final reporting documents should be e-mailed to: E911 Board Electron icGrantReports@dms.fl.gov 10. Change Requests 10.1. Change requests shall be submitted prior to deviation from any awarded grant application. No changes or departures from the original request are authorized unless approved in writing by the E911 Board. Such requests shall be submitted using the Change Request form. 10.2. Prior to a county, group of counties, or region signing a contract with a different vendor from the original vendor stated in the grant application, the county, group of counties, or region must request a grant change on Change Request (Rule 60FF1-5.0035(3), F.A.C) and include an itemized quote and a copy of the new contract to be approved by the E911 Board. Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 13 186 10.3. Time extension requests will not be granted unless the county, group of counties or region has executed a contract for the grant equipment and services or demonstrates good cause for failure to execute a contract within one year of the award. Good cause documentation shall include a new project timeline schedule. 10.4. Time extensions shall be limited to a maximum of one additional year when approved by the E911 Board for a total of three years. 10.5. Change requests must be submitted ten (10) business days prior to Board meeting to be reviewed. Any reports submitted late will be reviewed at the next month's E911 Board meeting. 10.6. The Change Request form and associated information should be e-mailed to E911BoardElectronicGrantReports@dms.fl.gov. Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs MI 187 Application 3. Federal Tax ID Number: 59-6000674 Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 15 188 County, group INDIAN RIVER COUNTY of counties or region Total Amount Requested: $207,472.16 Project Title: REGION GRANT -GIS RESPOSITORY 1. Board of County, group of counties or Chairman Joseph Earman region Commissioners Chair: Mailing Address: Indian River County BOCC 1801 27"' street City: Vero Beach State: Florida Zip: 32960 - Phone: ( 772 ) 226-3900 Fax: Email Address: Jearman@ircgov.com 2. County, group of counties Karen Rackard or region 911 Coordinator: Mailing Address: 4225 43rd Avenue City: Vero Beach State: Florida Zip: 32967 - Phone: ( 772 ) 226-3943 Fax: Email Address: Krackard@ircgov.com 3. Federal Tax ID Number: 59-6000674 Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 15 188 4. County, group of counties or region fact information Number of PSAP's 4 Number of Call -taking Positions per PSAP IRSO 7, EOC 8, Vero Beach PD 3, Seb PD 3 PSAP(s) in which grant funding will apply. ALL a. Financial Information i. What are the current annual costs for your E911 system (circuits, customer records hardware and software, etc.) not including maintenance? $450,053.31 ii. What are the current annual costs for maintenance of items included in 1? $106,320.00 iii. Total amount of E911 fee revenue received in the preceding year. $855,534.86 iv. Total amount of county, group of counties or region carry -forward funding retained in the preceding year. $19,981.11 v. Current total amount of county, group of counties or region carry forward funding? $19,981.11 vi. Two-year maximum calculated amount for applied carry forward funding. $513,320.92 vii. Minimum calculated amount for applied carry forward funding (Calculation (Subtract the amount in 5 from the amount in 6). -$493,339.81 viii. Insert in Budget Report as "carry forward funds applied'. $0.00 Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 16 189 5. Describe your county, group of counties or region's existing 911 system. Include specific information on existing system equipment upgrades and when the installation of this equipment was completed. Please include the PSAP(s) that the grant will be implemented at to include the type of PSAP(s), primary system, and number of position seats. Today, the seven counties that make up Florida's Region 5 individually update and maintain all GIS, ALI, and MSAG information on a stand-alone basis. To support the transition to NG9-1-1, the counties have agreed to work together to establish a regional 9-1-1 database. The counties that are participating in this project are: Volusia, Brevard, Indian River, Osceola, Orange, Seminole and Lake. The goal of this project is for region 5 to have a cloud -based GIS data management service that enables all jurisdictions to upload their GIS and 9-1-1 data for NG9-1-1 verification and data merging tasks to support NG9-1-1 initiatives going forward. Indian River County operates a Type 4 Enhanced 911 System that is Wireless Phase ii compliant. There are four PSAPs in Indian River County operating Solacom CPE with GeoComm Dispatch Map. The solacom is a geo-diverse system with Side A in the EOC and Side B in the Sheriff's Office. The Solacom system was installed in 2018, and Dispatch Map was installed in 2022. The Indian River County Sheriff's Office has a Primary PSAP in Vero Beach which direct dispatches law enforcement calls throughout the unincorporated area. This PSAP also direct dispatches fire and rescue calls throughout the county including the Cities of Vero Beach and Sebastian. However, the cities of Sebastian and Vero Beach each have a primary PSAP for their respective Police Departments. The Indian River County Emergency Operations Center serves as the County backup. The system is a Type 4 E911 and is Wireless Phase II compliant. 6. Describe the scope of work for the proposed project including any goal(s) and objectives. Include the tasks to be performed as part of the project. Provide scope of work in quantifiable units of deliverables that shall be received and accepted. For each deliverable specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. For any scope of work that includes milestones, please describe in detail what deliverables are expected to be provided in each milestone. GeoComm proposes GeoComm GIS Data Hub as a repository for hosting primary and secondary PSAP GIS data. These layers include the NENA NG9-1-1 GIS Data Model required layers of Road Centerlines, Site/Structure Address Points, Service Boundaries (PSAP, Fire, EMS, Police), Provisioning Boundary, and Street Name Alias Table Creation. The Quality Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs itlh 190 Control processing and resulting error reports will assist the county GIS data providers in identifying appropriate values with which to attribute the GIS data. Quality Control checks include synchronization between the GIS, MSAG, and ALI database to assist each agency in achieving the recommended NENA 98% synchronization level. GeoComm will support the project with a dedicated GIS professional to meet with local agencies to review the error reports and results and provide coaching on updates that need to be made. Meetings will be held remotely; in-state travel may be required, approved, and reimbursed following the guidelines of the GSA. Upon submission of the GIS data by a participating county, GeoComm GIS Data Hub will be configured to run Quality Control Checks based on NENA i3 data standards, GIS data management best practices, the needs and requirements of the Region, and GeoComm's experience working on similar projects. This will include checking the geometry and attribution of the NENA NG9-1-1 required layers listed above; and checking for gaps and overlaps within the data once it is merged into a regional dataset. Once the GIS data is processed in GeoComm GIS Data Hub, a report will be provided of anomalies and errors. GeoComm's GIS team along with the local GIS professional based in Florida will be available to meet with local agencies to review suggested corrections for the local agency to pursue. The regional GIS dataset will be available for download by regional participants. The GIS data may be shared, based on memorandum of understanding or other authorizations with other regions and the State of Florida. Copies of the GIS datasets will be available for Next Generation 9-1-1 Core Services providers to access and load into their systems. GeoComm proposes to complete the following phases for a timely completion of the Region 5 project: • Onboarding and Implementation Meeting • Hub Configuration and Data Load • Hub System and Process Training • Go Live • Data Submission, Analysis, and Merged Dataset Creation • Ongoing Operational Support Services Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 18 191 7. Justification of the need for the proposed project. Provide detailed information on the existing system's/component's which needs replacement. Document the condition with details to justify any system with an expected lifespan of less than 1 year. Each component on the system, (memory, hardware (size of drives) updates of software and/or replacement versions needed, standalone equipment and additional upgrades include UPS in the requests. The justification for this project is based on the NENA i3 NG911 standard requiring the county 911 agencies to support interoperability and share accurate location information as the transition from legacy 911 to NG911 systems evolves. As incidents do not know borders, it is important for adjoining jurisdictions to be able to route, locate and track 911 calls accurately and efficiently. NENA standards call for PSAP agencies to maintain accurate GIS data sets by meeting a minimum requirement of 98% synchronization rate for GIS/ ALI / MSAG data. With each county striving to bring their individual data sets to meet this requirement, it becomes pertinent to have a methodology for storing the data so that it can be shared by the region. 8. Describe why your county, group of counties or region will not be able to complete this project without this grant funding. A comparison of legacy 911 costs and NG 911 costs indicates at least a 35% increase in costs. Additionally, the .40 monthly fee in Florida is one of the lowest in the country. Grant funds are needed to implement and sustain these NG projects. Multiple NG projects in the region and state are already earmarked, taking a direct toll on 9-1-1 budgets. The Florida regional grant rule and application process is crucial for each participating county to complete the transition to Next Generation 911. Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 6017171-5.003 911 Grant Programs We] 192 9. Describe the required steps with an anticipated time schedule with procurement and payment milestones and a total project completion date. It is anticipated the phases will occur in a mostly chronological order as listed, though some will take place simultaneously. The timeline relies on prompt attention from the counties at all stages of the project. For participating counties, GeoComm proposes to carry out the following phases for a timely completion of the project, based on the regional implementation of the system: • Phase One: Project Initiation - within 36 days ofreceipt ofPO MILESTONE: Deliver PIM, Kick -Off Workshop, Final Project Plan and QC Plan • Phase Two: Systems Configuration and Setup - estimated time to completion: 28 days MILESTONE: Deliver completed GIS Data Configuration; Web -based project status dashboard • Phase Three: Systems and Process Training - estimated time to completion: 8 Days to complete MILESTONE: Deliver GIS Data Hub system training and present GIS Data Management workflows, deliver workflows and recording of training • Phase Four: Data Submission Analysis, and Merged Dataset Creation - estimated time to completion: 89 Days MILESTONE: Deliver GDH credentials to users, provide QC results and review with jurisdictions, create merged regional dataset, deliver region provisioning boundary layer • Phase Five: Ongoing Operational Support Services - to begin within 180 days of Project Initiation Once all counties have reached Phase 5, Ongoing Operational Support Services, GeoComm will invoice the customers for payment of one-time services, first year of recurring services, and personnel travel for project initiation. The invoice date will determine the start date of the recurring fees and subsequent project years. Invoices will be sent at the start of each project year for that year's recurring project fees. 10. If applicable, sole source justification must meet the state procurement guidelines and chapter 287.057 (3)(c), F.S. This project is priced based on GSA Contract pricing and terms 11. If applicable, please include your previous service dates for any maintenance or support services. N/A 12. Please submit the Budget Report Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 20 193 13. Assurances ACCEPTANCE OF TERMS AND CONDITIONS: The grantee accepts all grant terms and conditions. Grantee understands that grants are contingent upon the availability of funds. DISCLAIMER: The grantee certifies that the facts and information contained in this application and any attached documents are true and correct. A violation of this requirement may result in revocation of the grant and return of all grant funds and interest accrued (if any), pursuant to the E911 Board authority and any other remedy provided by law. NOTIFICATION OF AWARDS: The grantee understands and accepts that the notice of award will be advertised on the Florida E911 website. MAINTENANCE OF IMPROVEMENT AND EXPANSION: The grantee agrees that any improvement, expansion or other effect brought about in whole or part by grant funds will be maintained. No substantial changes or departures from the original proposal shall be permitted unless the E911 Board gives prior written authorization. Any unauthorized change will necessitate the return of grant funds, and accrued interest (if any) to the E911 Board. The county, group of counties or region certifies that all applicable county, group of counties or region procurement rules/procedures has been met. Failure to utilize grant funds as represented may jeopardize eligibility to be considered for future funding. 14. Authority I hereby affirm my authority and responsibility for the use of funds requested SIGNATURE — CHAIR, BOARD OF COUNTY COMMISSIONERS DATE OR COUNTY MANGER Printed Name Position Regional Signatures if Applicable (add additional lines if needed) Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 21 194 Appendix I: Authorized Expenditures of E911 Fee. Chapter 365.172. F.S. NO requests for funding will be acknowledged for any items not specified in Section 365.172, Florida Statutes, Emergency communication number "E911"; paragraph (10) (shown below). Section 365.172 (10), Florida Statutes: AUTHORIZED EXPENDITURES OF E911 FEE. — (a) For purposes of this section, E911 service includes the functions of database management, call taking, location verification, and call transfer._Department of Health certification, recertification, and training costs for 911 public safety telecommunications, including dispatching, are functions of 911 services. (b) All costs directly attributable to the establishment or provision of E911 service and contracting for E911 services are eligible for expenditure of moneys derived from imposition of the fee authorized by subsections (8) and (9). These costs include the acquisition, implementation, and maintenance of Public Safety Answering Point (PSAP) equipment and E911 service features, as defined in the providers' published schedules or the acquisition, installation, and maintenance of other E911 equipment, including circuits; call answering equipment; call transfer equipment; ANI or ALI controllers; ANI or ALI displays; station instruments; E911 telecommunications systems; visual call information and storage devices; recording equipment; telephone devices and other equipment for the hearing impaired used in the E911 system; PSAP backup power systems; consoles; automatic call distributors, and interfaces, including hardware and software, for computer-aided dispatch (CAD) systems; integrated CAD systems for that portion of the systems used for E911 call taking; GIS system and software equipment and information displays; network clocks; salary and associated expenses for E911 call takers for that portion of their time spent taking and transferring E911 calls, salary, and associated expenses for a county, group of counties or region to employ a full-time equivalent E911 coordinator position and a full-time equivalent mapping or geographical data position, and technical system maintenance, database, and administration personnel for the portion of their time spent administrating the E911 system; emergency medical, fire, and law enforcement prearrival instruction software; charts and training costs;_training costs for PSAP call takers, supervisors, and managers in the proper methods and techniques used in taking and transferring E911 calls, costs to train and educate PSAP employees regarding E911 service or E911 equipment, including fees collected by the Department of Health for the certification and recertification of 911 public safety Telecommunicator's as required under s. 401.465; and expenses required to develop and maintain all information, including ALI and ANI databases and other information source repositories, necessary to properly inform call takers as to location address, type of emergency, and other information directly relevant to the E911 call -taking and transferring function. Moneys derived from the fee may also be used for next -generation E911 network services, next - generation E911 database services, next -generation E911 equipment, and wireless E911 routing systems. (c) The moneys should not be used to pay for any item not listed in this subsection, including, but not limited to, any or operational costs for emergency responses. Even any which occur after the call transfer to the responding public safety entity and the costs for constructing, leasing, maintaining, or renovating buildings, except for those building modifications necessary to maintain the security and environmental integrity of the PSAP and E911 equipment rooms. Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 22 195 Appendix II: Florida 911 Regional Map Regions 0 Region 1 - Pensacola u Region 2 -Tallahassee Region 3 - Jacksonville Region 4 -Tampa Region 5 - Orlando Region 6 - Ft Myers Region 7 - Miami ... �w I. - Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 23 196 Addendum I: Funding Priorities The criteria for determining acceptability for disbursement of funds from the State of Florida 911 Grant Programs will be made on a PRIORITY basis. Federal funding will be applied in accordance with federal grant guidelines. Regional 911 system project requests related to systems and equipment will be considered the highest priority within each priority category. If you do not see your specific 911 project listed, you may still apply, as the E911 Board does have some discretion depending on the funding source, availability of funds, and spending authority. 1.0 Prepaid and Wireless Funding Priorities PRIORITY 1: Primary and Secondary PSAP systems that require immediate system replacement to provision enhanced 911 status or when the expected remaining life of the system is less than one year. PRIORITY 2: Development and maintenance of 911 routing statewide, geographic, and management information systems. A) Statewide routing system B) Regional, as an incremental step towards statewide routing PRIORITY 3: Information System A) GIS Data support -assisting counties in meeting the 98% NENA GIS Data minimum standards B) GIS Maintenance Tools C) Management Information System PRIORITY 4: Develop and maintain next generation 911 services and equipment. A) Next Generation 911 Equipment and Emergency Services IP based network B) Next Generation Core Services PRIORITY 5: Mapping system and Geographic Information Systems (GIS). order of funding priority: services necessary for provisioning This may include the following, listed in A) Map System Equipment - map generation hardware and software licensing are limited to components for two stations. B) GIS Centerline point generation and map accuracy systems. C) Synchronization of GIS, ALI, and MSAG database meets the minimum standard 98 % for Geospatial call routing -per NENA i3 standard. Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 24 197 PRIORITY 6: Systems that require new or replacement of critical or necessary hardware or software. This may include the following back-up PSAPs system equipment, listed in order of funding priority A -H: A) Hardware and software for communications or terminal equipment located at a PSAP for 911 call processing, ANI and ALI display, and call answering. B) Map Display Equipment C) Logging Equipment D) Lightning Protection Equipment E) Uninterruptible Power Supply system and or Generator Equipment F) County, group of counties or region Standalone ALI Database Equipment G) 911 Call Taker Position Equipment H) Net clock PRIORITY 7: GIS sub -addressing projects PRIORITY 8: Aerial Photography / Imaging 1) Overhead (Nadir) images PRIORITY 9: Infrastructure cabling and building entrance buildout cost. PRIORITY 10: 911 Call taker workstation console/furniture (the portion related to 911 Telecommunicator Workstation Console/Furniture) 2.0 Federally Funded Awards 2.1 Eligible costs will be consistent with cost principles identified in 2 CFR Part 200, including Subpart E of regulations. In addition, costs must be reasonable, necessary, allocable, and allowable for the proposed project, and conform to generally accepted. Eligible Costs: A) Contractual costs associated with carrying out programmatic activities of the 911 grant, including for the provision of NG -911 services for consulting services. Recipients are responsible for monitoring the activities and expenditures of vendors and are responsible for ensuring that all solicitation documents reflect activities within the scope of the 911 Grant Program. B) Costs to purchase hardware, software, and hosted services. C) Costs to purchase hardware, software, and hosted services associated with enabling NG -911 calls to be received, processed, and dispatched. Recipients must specify that the purchase of hardware, software, and services comply with current NG -911 standards, as listed in the Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 25 198 Department of Homeland Security's SAFECOM guidance. Each individual product, however, need not meet every listed standard. D) Training costs directly related to NG -911- implementation for public safety personnel. The "Recommended Minimum Training Guidelines" for Telecommunicators must serve as a base level for the training provided. Recipients must submit documentation describing the training being provided, which identifies the included elements from the Minimum Training Guidelines. E) Operational Costs to operate the NG -911 system as a dual system to the current legacy 911 system until the legacy E911 or 911 system is shut down and the system is fully operational using only NG -911 technology. 2.2 Ineligible Costs A) Ineligible costs include those costs that are unallowable under the Cost Principles of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Please note that costs ineligible for 911 Grant Program support may not be included as matching funds. Application and instructions for 911 Grant Programs, revised July 2021 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 911 Grant Programs 199 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Public Hearings - B.C.C. 6.6.23 Ofce of INDIAN RIVER COUNTY ATTORNEY lu1010D)111T. I17110I TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Dylan Reingold, County Attorney DATE: May 22, 2023 SUBJECT: Public Hearing to Consider an Ordinance Amending the Children's Services Advisory Committee Membership Requirements - LEGISLATIVE BACKGROUND. Per section 103.22 of the Indian River County Code of Ordinances, the Children's Services Advisory Committee is made up of 15 members, including seven ex officio members. One of those ex officio members is the Superintendent of Schools. Per section 103.22, no designee of principals will be allowed for any member of the children's services advisory committee. The Superintendent often has a scheduling conflict with the Children's Services Advisory Committee meetings. On May 16, 2023, the Indian River County Board of County Commissioners voted to direct the County Attorney to draft an ordinance allowing for the Superintendent to appoint a designee to attend the Children's Services Advisory Committee meetings, when the Superintendent is unable to attend. Thus, the County Attorney's Office has drafted the attached ordinance amending section 103.22 of the Code and scheduled the matter for a public hearing. FUNDING. The only cost associated with this item was the cost of publication of the notice of public hearing in the amount of $138.51, which is being paid from the County Attorney's Budget/Legal Ads; Account No. 00110214-034910. RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the draft ordinance. ATTACHMENT(S). Draft Ordinance CIG—i—V gbW59,5ITewIU&14e1<38b4bfb-607dd-S873S8.4d.d- 200 ORDINANCE NO. 2023 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 103.22 (APPOINTMENT TO THE CHILDREN'S SERVICES ADVISORY COMMITTEE) OF PART II (CHILDREN'S SERVICES ADVISORY COMMITTEE) OF CHAPTER 103 (COMMISSIONS AND BOARDS) TO UPDATE MEMBERSHIP REQUIREMENTS OF THE CHILDREN'S SERVICES ADVISORY COMMITTEE; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS; AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 103.22 (Appointment to the children's services advisory committee) of Part II (Children's Services Advisory Committee) of Chapter 103 (Commissions and Boards) of the Code of Indian River County, Florida. New language indicated by underline, and deleted language indicated by . Section 103.22 (Appointment to the children's services advisory committee) of Part II (Children's Services Advisory Committee) of Chapter 103 (Commissions and Boards) of the Code of Indian River County, Florida, is hereby amended to read as follows: CHAPTER 103. — COMMISSIONS AND BOARDS. PART II. CHILDREN'S SERVICES ADVISORY COMMITTEE. Section 103.22. - Appointment to the children's services advisory committee. (1) The membership of the children's services advisory committee shall consist of fifteen (15) voting members who must be residents of Indian River County as follows: 201 ORDINANCE NO. 2023- a) Seven (7) ex -officio voting members. Those members shall be: 1. County Commissioner 2. Judge living in Indian River designated by Chief Judge 3. Superintendent of Schools, or his or her designee 4. Department of Children and Families, Circuit 19 Community Development Administrator 5. Department of Health County Health Department Administrator 6. Law Enforcement officer 7. Representative from the Indian River County Hospital District. b) Five (5) voting members from the community appointed by the board of county commissioners. Each commissioner shall appoint one member to represent his/her district, which individuals shall have some form of expertise in the arena of children's services, such as a physician, licensed mental health professional, child advocate or someone with business experience. c) Two (2) at -large voting members shall be appointed by the board of county commissioners. d) One voting member, appointed by the board of county commissioners, who is an accountant, certified financial officer, certified financial planner or has significant financial experience. (2) Reserved. (3) The members appointed by the board of county commissioners shall have been residents of Indian River County for at least twenty-four (24) months prior to nomination. Such members shall be appointed for four-year terms, except that the length of the terms of the initial appointees shall be adjusted to stagger the terms. No at -large member shall serve for more than two (2) consecutive four-year terms. (4) Reserved. (5) Except as set forth above, no No designee of principals will be allowed for any member of the children's services advisory committee. (6) Reserved. 2 202 ORDINANCE NO. 2023- (7) Officers: Officers will include a chair, appointed by the board of county commissioners, vice chair, and standing sub -committee chairs. Officers excluding the chair will be elected by the majority vote of the children's services advisory committee members each January and will assume the duties of their office on the regular meeting on the second Monday of the next meeting each year. The term as an officer, other than a county commissioner, will be for one year, but officers may succeed themselves. (8) Except in the event of a conflict between with this Chapter, the children's services advisory committee shall be subject to the provisions of Chapter 103 of the Indian River County Code of Ordinances. Section 3. 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 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. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 26th day of May, 2023, for a public hearing to be held on the 6` day of June, 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 June, 2023. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 203 ORDINANCE NO. 2023 - By: ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk Joseph H. Earman, Chairman This Ordinance was filed with the Department of State on the day of , 2023. 4 204 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM To: Board of County Commissioners Through: John A. Titkanich, Jr. County Administrator Prepared By: Brian Freeman, AICP MPO Staff Director Date: May 25, 2023 Subject: FY 2023 Grant Application for Capital and Operating Assistance (Section 5307) and Bus Replacement (Section 5339) from the Federal Transit Administration It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of June 6, 2023. DESCRIPTION & CONDITIONS The Federal Transit Administration's Section 5307 (Urban Area Formula Grant) program provides funding assistance for capital and operating costs associated with Indian River County public transportation system. The GoLine (fixed route) and the Community Coach (demand response) transit services are operated by the Senior Resource Association (SRA). Indian River County also receives capital funding assistance through FTA's Section 5339 (Bus and Bus Facilities) program, which is used for the purchase of replacement buses. Together, the Section 5307 and 5339 programs cover most of the capital expenses associated with the GoLine and Community Coach. In addition, the Section 5307 program covers approximately half of the operating costs of the public transportation system, with the remainder covered by Florida Department of Transportation grants and local funds. ANALYSIS According to federal regulations, Section 5307 program grants may be used for the planning, acquisition, construction, improvement, and operating costs of facilities, equipment, and associated capital maintenance items used in public transportation. Operating expenses require a 50% nonfederal match, which is provided through a combination of local funds and Florida Department of Transportation (FDOT) public transportation grant funds. C:\G ran icu s\Legi sta r5\LS\Te m p\00834d ce-8ec8-4068-9815-1 b219f272575. d ocx 1 205 For capital expenses, FDOT toll revenue credits are used as a 20% nonfederal soft match (which effectively provides for 100% federal funding of capital expenses). The use of a soft match eliminates the need for the County to provide a cash outlay for capital expenses. According to applicable regulations, toll revenue credits may be used as soft match only for capital expenses. For operating expenses, however, the nonfederal share is provided through a combination of local funds and Florida Department of Transportation (FDOT) public transportation grant funds. Attached to this report are copies of the County's proposed grant application for the Section 5307 and Section 5339 programs. As required by Federal Transit Administration (FTA) regulations, the grant application was prepared using FTA's Transit Award Management System (TrAMS) software. As it has in the past, FTA requires grantees to utilize its TrAMS software in the development, submittal, modification, and management of grants. For the combined FTA Section 5307/5339 application for FY 2023 (Attachment #1), the total proposed budget amount is $4,553,879. Of that amount, the federal portion is $3,053,879 which consists of $1,553,879 in capital expenditures and $1,500,000 in operating expenditures. For the nonfederal share of capital expenditures ($388,470), the County will use toll revenue credits as a soft match. For the nonfederal share of operating expenditures (50%), the match will consist of $750,000 in FDOT grants and $750,000 from Indian River County. In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. According to federal grant requirements, the designated recipient (Indian River County) must hold a public hearing to obtain the views of citizens on the proposed grant application. In keeping with that requirement, staff has published a notice of the public hearing. As a necessary prerequisite for submittal of the application, the MPO has included the proposed Section 5307/5339 funding in its FY 2023-2027 Transportation Improvement Program (TIP). The proposed grant application is also consistent with the MPO's adopted ten-year Transit Development Plan and 2045 Long Range Transportation Plan. To apply for the FTA funds, the Board of County Commissioners must adopt the attached resolution (Attachment #2), authorizing staff to submit the attached grant application. The resolution has been reviewed and approved by the County Attorney's Office. IiIIJi lfnre For the local share of the nonfederal match, funding in the amount of $750,000 will be budgeted and available in the General Fund / Community Transportation Coordinator account (Account Number 00111041-088230). These funds are part of an allocation given to the Senior Resource Association to provide transit service in the county. A portion of these funds will be used in FY 2023, with the remainder being used in FY 2024. C:\G ran icu s\Legi sta r5\L5\Te m p\008 34d ce-8ec8-4068-9815-1 b 219f272575. d ocx 2 206 RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the resolution authorizing the filing of the FY 2023 grant application for the Section 5307 and Section 5339 programs. ATTACHMENTS Application for Section 5307/5339 Public Transportation Capital and Operating Assistance Resolution Authorizing the Filing of Application for Grant Funding Assistance from the Federal Transit Administration 3. Grant Budget Form CAG ran i cu s\Leg i sta r5\L5\Te m p\00834d ce-8ec8-4068-9815-1 b 219f272575. d ocx 207 DOT U.S. Department of Transportation FTA Federal Transit Administration Application Federal Award Identification Number (FAIN) 5630-2023-1 Temporary Application Number 5630-2023-1 Award Name 5307/5339 Capital and Operating Supergrant; Sebastian -Vero . . Beach UZA Application Status. gip,' In -Progress Application Budget Number 0 Period of Performance Start Date N/A Original Period of Performance End Date I� Current Period of Performance End Date N/A Revision #: N/A. I Part 1: Recipient Information Name: INDIAN RIVER, COUNTY OF Recipient Recipient Recipient Alias UEI DUNS ID OST Type 5630 County INDIAN RIVER COUNTY BOARD FB3SLJJZ38K9 079208989 Agency OF COUNTY COMMISSIONERS Location Type Address City State Zip Headquarters 1800 27TH ST BLDG B VERO BEACH FL 32960 Physical AddressJU.1800 27TH ST BLDG B/ERO BEACH $' 32960 Mailing Address 1801 27TH STREET VERO BEACH F1: 32960 Union Information There are no union contacts for this application Part 2: Application Information 208 Title: 5307/5339 Capital and Operating Supergrant; Sebastian -Vero Beach UZA FAIN Application Award Application Cost Date Last Updated From Status Type Center Created Date TEAM? 5630- In -Progress Grant Region 4 4/5/2023 4/5/2023 No 2023-1 Application Executive Summary The total eligible cost is $4,553,879. The federal share is $3,053,879, which consists of $2,841,623 in FTA Section 5307 funds (FY 2023) and $212,256 in Section 5339 capital bus replacement funds (FY 2023). Copies of the FY 2023 Florida Governor's Apportionment letters are attached for the Sec 5307 and Sec 5339 programs. This supergrant will consist of $1,553,879 in capital expenditures and $1,500,000 in operating expenditures. The nonfederal share of operating expenditures (50%) will be split between $750,000 in FDOT grants and $750,000 from Indian River County. The Florida Department of Transportation has authorized toll revenue credits in the amount of $388,470 in support of this application dated . Of the toll revenue credit amount, $335,406 supports the nonfederal share of 5307 capital expenditures and $53,064 supports the nonfederal share of 5339 capital expenditures. In accordance with federal regulations, a public hearing was conducted on June 6, 2023and advertised in advance. The current FY 2023 FDOT STIP is attached. 5307 Capital Assistance is listed in item number/ FM# 407190-2. As required, 1 % of the award has been allocated to security -related projects (see ALI 11.42.09). A copy of the FTA NEPA class of action for the transit hub/restroom is attached (in the Application Documents). Indian River County will check the current listing of Transit Vehicle Manufacturers (TVM) (https:// www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-tvms-list) to ensure each is listed as a certified TVM in compliance with FTA regulations. Indian River County will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). Indian River County will ensure contractors procured will not be on the FTA Suspension and Debarment list. Frequency of Milestone Progress Reports (MPR) No Selection Made Frequency of Federal Financial Reports (FFR) No Selection Made Does this application include funds for research and/or development activities? This award does not include research and development activities. Pre -Award Authority This award is using Pre -Award Authority. 209 Does this application include suballocation funds? No Selection Made Will this Grant be using Lapsing Funds? No Selection Made Will indirect costs be applied to this application? No Selection Made Indirect Rate Details: N/A Requires E.O. 12372 Review No, this application does not require E.O. 12372 Review. Delinquent Federal Debt No Selection Made Award Description Purpose The purpose of this combined FY 2023 FTA section 5307/5339 supergrant is to provide capital assistance, operating assistance, ADA-paratransit operating assistance, and preventive maintenance for public transportation in Indian River County, which consists of the GoLine fixed -route system and the Community Coach demand -response service. Activities to be performed: The activities will replace vehicles and equipment that have exceeded useful life requirements, construct bus station improvements at the North County Hub, and perform monthly service and repairs for all vehicles. The activities are necessary to maintain a reliable public transportation system. Indian River County will ensure that all vehicles purchased are accessible, purchased from an FTA approved TVM, and reported to FTA within 30 days after contract is signed. Expected outcomes: Funding will permit Indian River County to continue to provide safe and reliable public transportation service. Intended beneficiaries: Most riders are dependent on the GoLine and Community Coach to get to employment, school, medical, shopping, and tourism -related destinations. Subrecipient Activities: None Application Point of Contact Information First Name Last Name Title E-mail Address Phone Mark Vietze Planner mvietze@ircgov.com (772) 226-1222 210 Application Budget Control Totals Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $2,841,623 forward) 5339 —Buses and Bus Facilities Formula ° j, $212,256 Local $750,000 Local/in-Kind I' I $0 State :.:.: $750,000 . . . State/In-Kind a $0 Other Federal $0 Transportation Development Credit ' ' 0' $388,470 Adjustment $0 Total Eligible Cost $4,553,879 Application Budget Project Total Numbe Budget Item FTAAmm�t Non -FTA Eligible 4uantit r Amount Amount Y 3- _ II 5630- 11 11 BUS - 2023-1- (113 STATION/STOPS/TERMINALS $250,000.00; $0.00 $250,000.00 P1 ;i 5630- CONSTRUCT - 2023 -1- 11.33.02 BUS STATION $250,000.00 $0.00 $250,000:00 0 P1 114- 2023-$157,461.00 023-1- 00 BUS: SUPPORT EQUIP AND 2 $157,461 00 $0.00 $157,461.00 P1 (114 FACILITIES 5630- ACQUIRE - 2023-1- 11.42.07 ADP $32,045.00 $0.00 $32,045.00 0 P1 HARDWARE 5630- ACQUIRE - 2023-1- 11.42.09 MOBILE SURV/ $28,416.00 $0.00 $28,416.00 0 P1 SECURITY EQUIP 5630- ACQUIRE - 2023-1- 11.42.11 SUPPORT $20,000.00 $0.00 $20,000.00 0 P1 VEHICLES 5630- REHAB/ 2023-1- 11.44.03 RENOVATE- $77,000.00 $0.00 $77,000.00 0 P1 ADMIN/MAINT ' FACILITY 211 5630- UP TO 50% 2023-1- 30.09.01 FEDERAL $1,500,000.0 $1,500,000.0 $3,000,000.0 P3 SHARE 0 0 0 212 RESOLUTION NO. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE FILING OF APPLICATIONS FOR GRANT FUNDING ASSISTANCE FROM THE FEDERAL TRANSIT ADMINISTRATION. WHEREAS, the Federal Transit Administration (FTA) is authorized to award Section 5307 and Section 5339 grant funds for the implementation of a public transportation program of projects; WHEREAS, Indian River County and the Senior Resource Association utilize FTA Section 5307 and Section 5339 funds to provide needed public transportation services within the County; and WHEREAS, in applying for FTA Section 5307 and Section 5339 funds, Indian River County and the Senior Resource Association will comply with all applicable federal regulations and requirements associated with the Section 5307 and Section 5339 programs. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Community Development Director or his designee is authorized to file applications on behalf of Indian River County with the Federal Transit Administration to finance and implement the capital and operating program of projects specified in the County's FY 2023 grant application under 49 USC Chapter 53, Section 5307 and 49 USC Chapter 53, Section 5339. 2. That the Chairman of the Indian River County Board of County Commissioners, the County Attorney, and/or Community Development Director are authorized to execute, and the Community Development Director is authorized to file with such application, an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the Community Development Director or his designee is authorized to execute grant agreements with the U.S. Department of Transportation to finance and implement the program of projects specified in the County's FY 2023 grant application under 49 USC Chapter 53, Section 5307 and 49 USC Chapter 53, Section 5339. 4. That the County Administrator is authorized to set forth and execute necessary Disadvantaged Business Enterprise (DBE) policies in connection with such application as specified in the County's adopted DBE plan and in accordance with the federal requirements of 49 CFR Part 26. That the Community Development Director or his designee is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the County's FY 2023 grant application under 49 USC Chapter 53, Section 5307 and 49 USC Chapter 53, Section 5339. C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BC14D422CD58\@BCL@D422CD58.docx Page 12J3 RESOLUTION NO. 2023 - TMS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairperson thereupon declared the resolution duly passed and adopted this 6th day of June , 2023. BOARD OF COUNTY COMNUSSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph H. Earman, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Joseph H. Earman, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 6th day of June , 2023. Notary Public APPROVED AS TO LEGAL SUFFICIENCY SEAL: Dylan Reingold County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS Andrew Sobczak Interim Community Development Director C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL4@D422CD58\@BCL@D422CD58.docx Page 2 of 2 214 GRANT NAME: 49 USC,Ch. 53 Sec. 5307/5339 FTA Grant (Operating and Capital) GRANT #: 5630-2023-1 AMOUNT OF GRANT: $4,553,879 (Federal, State and Local): $3,053,879 (Federal Section 5307 and 5339) DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Mark Vietze PHONE #: (772) 226-1222 1. How long is the grant for? One Year Starting Date: October 1, 2022 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of grant to match: 50% (applies to operating component only) 5. Grant match amount required: $1,500,000 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Local match consists of $750,000 County match already budgeted in general funds and $750,000 in FDOT grant funds 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) $0 (Capital portion also being applied for) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching Third Year TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $750,000 215 Grant Amount Other Matching Costs Match Total First Year $3,053,879 $ $750,000 in local funds & $750,000 in FDOT grants $4,553,879 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 215 12 Transit Public Hearing e Public Transportation Partnership Locai Agencies ; Funding Support k 3�li pp�p,� Federal Transit Administration SII ,li Transportation Disadvanta ed AF • 14 GoLine routes • Mon - Sat service • 51 % of population lives within '/4 mile of a GoLine route • 84% within 3/4 miles GoLine Ridership Only one year with a ridership decrease since 2000 Rebound in fixed rout( ridership since 2020 Current ridership similar to pre-Covid So far, FY 23 is up 5% over previous year • 14 GoLine routes • Mon - Sat service • 51 % of population lives within '/4 mile of a GoLine route • 84% within 3/4 miles GoLine Ridership Only one year with a ridership decrease since 2000 Rebound in fixed rout( ridership since 2020 Current ridership similar to pre-Covid So far, FY 23 is up 5% over previous year Operating Expense per Passenger Trip (2021 ) Wkeiana Area mass i'an"' U"'r"7t Okoloosa County Transit (The WAVE) Martin County $.o.00 $1s.no $2ao0 $25-00 $30.00 $35.00 $40.00 Section 5307/5339 Grant Application p p t,4 Total Amount - $3,053,879 Section 5307 (Capital & Operating Assistance) $2,841,623 Section 5339 (Bus Replacement) $212,256 f Capital Assistance Amount - $1,553,879 Vehicle replacement, maintenance, vehicle equipment, computers, security equipment, and transit building/hub improvements No local match required FDOT toll revenue credits are used as soft match Operating Assistance Amount - $1,500,000 No new local match needed for FTA grants 3:1 ratio $1 of local funds brings in $3 in state + federal funds Recommendation Consider public comment Adopt the proposed resolution for the grant application itwe L -7,9 PART OF TH E USA #M#MR!ver Press Jownal 1801 U.S. 1, Vero Beach, FL. 329.W AFFIDAVIlt OF PUSILICA-nok Attn: Kathy Chareat INDIAN MER COUNTY PLANNING 18012? TH STREET VERO. BEACH, FL 3260 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority person ally . appea. red who on oath says that he or she Is the tAgal Coordinator. of: the Indian River Press. Journak. published In. Indian River County, IQlcrfda: that the attached copy of adverdsementbelng 6 Public Noftes Was published on publidly accessible, webelle of Indlo. RiverCounty, Florida,. or lna newspaper by, print In the: issues of, on 111YKIK, Affiant further says'that thewebsite or newspaper complies with all legal requirements for publication In chapter 50, Florida Statutes.. "t J F."11M -.- I* commission expires LYN.FELTY Notary Mate of W i s c o :ns On Publication Coft. $171.00 Ad No, 0001517.019" Customer No. 1910785 POM PUBLIC HFARING # of Affide.010 Zl 54p 2 �s-� /Ob DEPARTMENTAL MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THRU: John A. Titkanich, Jr., County Administrator FROM: Suzanne M. Boyll, Human Resources Director DATE: May 26, 2023 SUBJECT: Public Hearing - An Ordinance of the Board of County Commissioners of Indian River County, Florida, Amending Section 104.03 (Retirement System) and Creation of Section 104.03.1 (Defined Contribution Plan) of Chapter 104 (Human Resources) to Modify the County Retirement Benefits; and Providing for Codification, Severability, Repeal of Conflicting Provisions; and an Effective Date BACKGROUND Indian River County provides retirement benefits for full and part time employees under the Florida Retirement System (FRS). The County's participation in the FRS is compulsory and all eligible full and part time employees are required to be enrolled in the FRS. However, certain employees are not eligible to participate in the FRS if they have previously retired from the FRS pension plan and later became re- employed by the County. Because they are not eligible to participate, the reemployed retirees do not earn any retirement benefit during their employment with the County. However, the County is still required to send an employer contribution to the FRS for each employee who is not eligible for renewed membership in the FRS. The 2022/23 FRS contribution rate for these ineligible employees is lower than the employer contribution made for employees who are eligible to participate in the FRS as noted below: Employer FRS Contribution Eligible Employer FRS Contribution Not Eligible Difference FRS Regular Class 11.91% 5.89% 6.02% FRS Special Risk 27.83% 11.33% 16.5% FRS Elected Official 57.0% 45.64% 11.36% The FRS contribution rate is established annually by state statute effective July 1 of each year. The difference noted above may change annually as the rates changes. Currently, Indian River County BOCC employs 8 individuals who are ineligible for renewed membership in the FRS. As a result, they do not receive any retirement benefits for their employment. The BOCC may elect to establish a separate retirement plan to provide retirement benefits for these individuals who are not eligible for renewed membership in the FRS. 216 The BOCC may also add a provision to allow a member of the Senior Management Service Class (SMSC) who has withdrawn from the FRS, to be enrolled in the separate retirement plan and provide an employer contribution amount that would be established by the Board of County Commissioners. This provision would allow for an alternate retirement plan option to the FRS plan for those SMSC eligible members who do not want to participate in the FRS, are eligible to opt out, and who elect to opt out of the SMSC FRS plan. In order to provide for a retirement benefit for employees who are not eligible for renewed membership in the FRS, staff is requesting approval to amend the County Code of Ordinances Section 104.03 Retirement System to provide for the addition of a defined contribution plan as reflected in the attached recommended ordinance language. The draft ordinance has been publicly advertised and a public hearing is scheduled for June 6, 2023. Providing a defined contribution plan will assist us in recruiting and retaining qualified employees by providing a retirement benefit for those employees deemed ineligible by the FRS for renewed membership in the FRS. Under the defined contribution plan, the employer would contribute an amount to the plan as established in July of each year based on the difference between the FRS employer contribution rate for eligible employees and the employer contribution rate for those deemed not eligible for renewed membership by the FRS. Under the defined contribution plan, the employer would contribute an amount to the defined contribution plan as noted in the table above as "Difference" based on the appropriate eligibility class and there would be no employee contribution to the plan. The additional option for the SMSC employees who prefer to enroll in the defined contribution plan versus the FRS provides an alternative that does not exist today. This option may not be utilized, but is recommended as an option to be offered. The defined contribution plan would be administered by Lincoln Financial and the recordkeeping fee would be borne by the participants in the defined contribution plan. There would be no administrative cost paid by the County. Lincoln Financial is the recordkeeper for our 457 deferred compensation plan and the recordkeeping fee for the new defined contribution plan would be the same recordkeeping fee as the 457 deferred compensation plan, which is 0.13% consistent with the terms of our agreement. On May 16, 2023, the Board authorized staff to schedule a public hearing on the proposed ordinance for June 6, 2023. At that meeting, there was discussion on whether enrollment in the plan was optional. The ordinance language has been amended to clarify that participation is optional. FINANCIAL IMPACT The County is currently contributing to the FRS a lower monthly contribution amount as noted in the table above in the column titled "Not Eligible" for employees who are not eligible for renewed membership. The amount of this difference is reflected in the last column titled "Difference". Staff's proposal is to create a defined contribution plan that will provide a retirement benefit for ineligible employees and provide an employer contribution to that plan that is equal to the "Difference". Providing this retirement plan benefit does not exceed the cost of providing retirement benefits for employees who are eligible for renewed membership. RECOMMENDATION: 217 Staff respectfully requests that the Board of County Commissioners open the public hearing, take any public comment, close the public hearing and approve the ordinance amending Section 104.03 (Retirement System) and creating Section 104.03.01 (Defined Contribution Plan) ATTACHMENTS: • Proposed Ordinance Amending Section 104.03 of the Indian River County Code of Ordinances 218 ORDINANCE NO. 2023 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 104.03 (RETIREMENT SYSTEM) AND CREATION OF SECTION 104.03.1 (DEFINED CONTRIBUTION PLAN) OF CHAPTER 104 (HUMAN RESOURCES) TO MODIFY THE COUNTY RETIREMENT BENEFITS; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS; AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 104.03 (Retirement system) and creation of section 104.03.1 (Defined Contribution Plan) of Chapter 104 (Human Resources) of the Code of Indian River County, Florida. New language indicated by underline, and deleted language indicated by StFlkethreu@II4. Section 104.03 (Retirement system) of Chapter 104 (Human Resources) of the Code of Indian River County, Florida is amended and section 104.03.1 (Defined Contribution Plan) of Chapter 104 (Human Resources) of the Code of Indian River County, Florida, is hereby created to read as follows: CHAPTER 104. — HUMAN RESOURCES. Section 104.03. — Retirement system. Except as set forth in section 104.03.1 below, or as prohibited by statute, employees Employees working in full-time or part-time regularly established positions have membership in the Florida Retirement System (FRS). FRS is contributory for members; contributions are also made on behalf of the members by the eeunty County. Section 104.03.1. - Defined Contribution Plan. 219 ORDINANCE NO. 2023- (1) Employees working in full-time or part-time regularly established positions who are designated by the Florida Retirement System (FRS) as not eligible for renewed membership and are ineligible to participate in the FRS Investment Plan or Pension Plan are eligible to be placed in the County's defined contribution plan. For eligible employees enrolled in the defined contribution plan, the County shall establish an employer contribution rate equal to the difference between the eligible employee FRS employer contribution rate for the FRS Investment Plan and the ineligible employee FRS employer contribution rate for the FRS investment Plan as determined by the FRS annually. The defined contribution plan is non-contributory for members. (2) Senior Management Service Class (SMSC) employees who hold an eligible position, who have completed the necessary form to withdraw from the FRS, will be enrolled in the defined contribution plan. The employer contribution for SMSC employees participating in the County's defined contribution plan will be established by the Board of County Commissioners. Section 3. 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 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. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 26th day of May, 2023, for a public hearing to be held on the 6th day of June, 2022, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss 2 220 ORDINANCE NO. 2023 - The Chairman thereupon declared the ordinance duly passed and adopted this _ day of June, 2023. ATTEST: Jeffrey R. Smith, Clerk and Comptroller 0 Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 0 Joseph H. Earman, Chairman This Ordinance was filed with the Department of State on the day of , 2023. 221 Public Hearing Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners Through: John A. Titkanich, Jr. County Administrator From: Kristin Daniels Director, Office of Management & Budget Date: May 25, 2023 Subject: Notice of Scheduled Public Hearing for June 20, 2023 Board Meeting It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 20, 2023 DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: June 20, 2023: 1. Consideration of Miscellaneous Budget Amendment 05 RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 222 ap-, DEPARTMENTAL ITEM INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT & BUDGET TO: Members of the Board of County Commissioners DATE: May 23, 2023 THROUGH: John A. Titkanich Jr., County Administrator FROM: Kristin Daniels, Director, Office of Management & Budget SUBJECT: Tourist Development Council 2023/2024 Budget Recommendations DESCRIPTION AND CONDITIONS On May 17, 2023, the Tourist Development Council (TDC) reviewed budget requests for fiscal year 2023/2024 to be paid from Tourist Tax revenues. The budget requests are listed in the table below. File copies of the applications for each agency are available in the Budget Office for review. Table 1 TOURIST DEVELOPMENT COUNCIL AGENCY REQUESTS Fiscal Year 2023/2024 Funding Applications Organization 2022/2023 Funding 2023/2024 Request Increase Decrease % Increase Decrease Indian River County Chamber of Commerce $656,084 $717,750 $61,666 9.4% Sebastian River Area Chamber of Commerce $140,000 $212,530 $72,530 51.8% Cultural Council $54,593 $65,000 $10,407 19.1% Historical Society $32,000 $32,000 $0 0.0% Treasure Coast Sports Commission $250,000 $260,000 $10,000 4.0% Vero Heritage $32,000 $34,000 $2,000 6.3% Coastal Connections $0 $15,000 $15,000 N/A Sub Total $1,164,677 $1,336,280 $171,603 14.7% Reserve for Contingency $111,375 $128,081 $16,706 15.0% Cash Forward $150,012 $214,420 $64,408 42.9% Grand Total $1,426,064 $1,678,781 $252,717 17.7% 223 Board of Commissioners Page 2 of 3 May 23, 2023 Funding and Analysis Staff estimates total funding of $1,678,781 available for distribution to tourism development agencies in FY 23/24. As of the most recent April 2023 monthly report, Tourist Tax revenues are exceeding last year's collections by 13.5% or $355,236, and exceeding budgeted estimates by 40.9% or $868,694. Because Tourist Tax revenues have been quite strong over the past fiscal year, Staff proposes the budget be increased by 17.7%, or $252,717. On February 2, 2021 the Board of County Commissioners approved allocating 1/3rd of the half - cent of Tourist Tax revenue proceeds made available from funding the Jackie Robinson Training Complex, to the Tourism Development Fund. Furthermore, a Reserve for Contingency was set up to earmark 75% of the additional funding per Board direction. The Reserve for Contingency account is budgeted at $128,081, which is intended to fund any mid -year adjustments or unanticipated funding opportunities that may arise over the upcoming budget. Because the budgeted revenue exceeded the agency requested funding, Staff had created a $214,420 placeholder for these funds on the Cash Forward line in the table above. In an effort to maximize the available funding, a motion was made at the May 17th TDC meeting to allocate the $214,420 to the Indian River County Chamber of Commerce. This additional allocation will be used to fund the Visitors Center Specialist Position, upgrades to the IRC Visitors Center, increased printing of publications, and additional advertising and promotional expenses. The funding amounts agreed to at the TDC meeting, following completion of scoring sheets by TDC members, are summarized in Table 2 below. Following a motion made by Mr. Collins and seconded by Mr. Hayes, the funding levels were approved with a 7-1 vote, with Jennifer Bates dissenting. Table 2 TOURIST DEVELOPMENT COUNCIL Fiscal Year 2023/2024 TDC's Funding Recommendation Organization 2022/2023 Fundin 2022/2023 Recommendation Increase Decrease(Decrease) % Increase Indian River County Chamber of Commerce $656,084 $932,170 $276,086 42.1% Sebastian River Area Chamber of Commerce $140,000 $212,530 $72,530 51.8% Cultural Council $54,593 $65,000 $10,407 19.1% Historical Society $32,000 $32,000 $0 0.0% Treasure Coast Sports Commission $250,000 $260,000 $10,000 4.0% Vero Heritage $32,000 $34,000 $2,000 6.3% Coastal Connections $0 $15,000 $15,000 N/A Sub Total $1,164,677 $1,550,700 $386,023 33.1% Reserve for Contingency $111,375 $128,081 $16,706 15.0% Cash Forward $150,012 $0 $150,012 100.0% Grand Total $1,426,064 $1,678,781 $252,717 17.7% 224 Board of Commissioners Page 3 of 3 May 23, 2023 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the funding amounts recommended by the Tourist Development Council as shown in Table 2 for a total allocation of $1,678,781 and authorize the County Attorney to prepare standard grant agreements for all funding recipients. 225 TOURIST DEVELOPMENT COUNCIL. Award Recommendations Fiscal Year 2023/2024 f BUDGET OVERVIEW: EXPENSES FY 2023/24 REQUESTED Chambers' request $930,280 or 55.4%- eligible for up to 7097 or $1,175,147 4 TDC'S RECOMMENDATION ► The TDC voted to approve all eligible agency requests ► The TDC also voted to allocate the $214,420 in Cash Forward to the Indian River County Chamber of Commerce, bringing their total budget to $932,170 ► The additional funding awarded to the Chamber will be used to fund: ► Visitors Center Specialist Position ► upgrades to the IRC Visitors Center ► Increased printing of publications, and additional advertising and promotional expenses r f 8/2/2023 2255- 2 8/2/2023 BUDGET OVERVIEW: EXPENSES STAFF RECOMMENDATION — FY 2023/24 RECOMMENDED 711�di�n er Co.932,170 $ 276,086 42.1 % River Area Chamber $ 1`30 $ 72,530 51.8 ouncil of Indian River County '$...:10,407 19.1 % Indian River County Historical Society $ 32,000 $ 32,000 $ 0 0.0 Treasure Coast Sports Commis;iol�_�;,, $ 250,000 $ 260,000 $ � Q,QQp ,. 4.0 % Vero Heritage, Inc. $ 32,000 $ 34,000 $ 2,000:_: 6.3 Coastal Connections, Inc. $ 0 $ 15,000 $; . $ /a 16,706 15.0 Total $ 51,164,677 $ 1,550,700 $ 386,023 33.1 Total Expenses- Reserv $ 1,678,781 $ 252,717 17.7 % ► Chambers' combined total equals $1,144,700, which is 68.2%, which is below the 70% maximum of $1,175,147 Staff recommends that the Board of County Commissioners approve the funding amounts recommended by the Tourist Development Council for a total allocation of $1,678,781 and authorize the County Attorney to prepare standard grant agreements for all funding recipients. e for Contingency; 111,375 $ 128,081 $ 16,706 15.0 Cash Forward $ 150,012 $ 0 $ (150,012) (100.0) Total Expenses- 1,426,064 $ 1,678,781 $ 252,717 17.7 % Staff recommends that the Board of County Commissioners approve the funding amounts recommended by the Tourist Development Council for a total allocation of $1,678,781 and authorize the County Attorney to prepare standard grant agreements for all funding recipients. 8/2/2023 225-- 4 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney !8A CountyAttorneys Matters - B. C. C 6.6.23 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Dylan Reingold, County Attorney DATE: May 17, 2023 SUBJECT: Opioid Settlement Spending Plan ATTORNEY BACKGROUND. On June 15, 2021, the Indian River County Board of County Commissioners ("Board") approved a proposed Memorandum of Understanding ("MOU") with the State of Florida Attorney General's Office that serves as the allocation agreement between the State of Florida and the local governments on the settlement of various opioid cases. As part of the MOU, money would go into a City/County Fund, a Regional Fund and a State Fund. In December 2022, Indian River County received $139,604.16 from the State of Florida for its portion of the City/County Fund. It is anticipated that Indian River County should also receive roughly $158,000 as a one-time payment as part of the Walmart opioid settlement in the next 60 days. And Indian River County should expect to receive year 2 funds in the amount of roughly $140,000 in August or September. On April 4, 2023, the Board voted to have the County Attorney's Office work with Commissioner Loar as a liaison and focus using the proceeds from the opioid settlements on the alternative court programs, mental health court and drug court, and coordinate with other sister agencies, such as Hospital District. Since that time, Commissioner Deryl Loar and I met with Judge Cox, Judge Menz and Judge Stone. The judges recommended using the proceeds on assessment, treatment, testing and wrap around services, such as housing and transportation. On May 17, 2023, the Indian River County Hospital District Board of Trustees discussed this matter and voted unanimously in agreement with the recommendation to use the proceeds on assessment, treatment, testing and wrap around services for the alternative court programs. The Mental Health Court has submitted a funding request for FY 2023-24 to the Hospital District. Any amount of the opioid settlement proceeds directed to the mental health court will directly offset the local tax dollars necessary to support these services. C..-IG,a i=Vxgiem.51L51Te W1054e13m-92ec4e-884d-8839c3c9ab41.doc 226 Board of County Commissioners May 17, 2023 Page 2 FUNDING. Upon the Board of County Commissioners approving the spending plan, for use for assessment, treatment, testing and wrap around services, such as housing and transportation, by those in the alternative court programs, a future budget amendment will be submitted to the Board allocating the funds. RECOMMENDATION. The County Attorney's Office recommends that the Board approve utilizing the opioid settlement funds on assessment, treatment, testing and wrap around services, such as housing and transportation as part of the alternative court programs. C. IGrmic Eeg&m 51L51Temp1054e13w-91ec4aJL884d-8839c3c9ab4/.dac 227 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attomey Susan J. Prado, Assistant County Attorney TO: THROUGH: FROM: DATE: SUBJECT: Office of INDIAN MEMORANDUM Board of County Commissioners John Titkanich, Jr., County Administrator Dylan Reingold, County Attorney May 18, 2023 Economic Development Council Appointment /38 Attorneys Matters - B. C. C 6.6.23 RIVER COUNTY ATTORNEY On September 13, 2011, the Board of County Commissioners (Board) adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the position of "Healthcare Industry" representative vacancy on the Economic Development Council, which term expires in January 2027. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position: Stevie Ray Stark RECOMMENDATION. The County Attorney recommends that the Board review the applicant's resume and application, and determine whether to appoint him to fill the unexpired term ending in January 2027, for the "Healthcare Industry" representative to the Economic Development Council. ATTACHMENTS Application Resume C:\Granicus\Legistar5\L5\Temp\Ob849f4e-058743f5-8345-3237461 ig2a7. docs 228 Indian River County Boards & Commissions Submit Date: May 10, 2023 Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee, Cleveland Clinic Indian River Hospital Please list any licenses you presently hold: Registered Nurse License RN 9343788 Exp: 4/30/24 Please list any organization of which you are currently a member: Indian River County Adopt a Roadway Participant Please list any other committees or boards you currently sit on: Hospital based Work Place violence committee Co -Chair Hospital based Environment of Care Committee member Hospital based Clinical Transformation Quality and Patient Safety Council member 229 Stevie Ray Stark 230 Stevie Ray Stark Objective: Highly motivated and hardworking Healthcare Representative experienced in project management seeking to enter community involvement and public service development activities in the county. Sebastian River Medical Hospital, Sebastian, FL Sebastian River Medical Hospital, Sebastian, FL Sebastian River Medical Hospital, Sebastian, FL Director with scheduling of all department personal ignated Unit preceptor for new incoming staff members Sebastian River Medical Hospital, Sebastian, FL Staff Nurse, Med-Surg Unit 2012-2017 • Specialized in Surgical Orthopedic nursing care and Chemotherapy administration AWARDS/HONORS Lean Six Sigma Black Belt, August 2020 CARES Clinical Employee of the Month, January 2020 Employee of the Month, February 2015 Member of Presidents List during Associate Nursing Program 2010 TION F NIH Stroke Scale Certified Registered Nurse License, RN 9343788 State of Florida Department of Health, exp. 4/30/24 PROFESSIONAL ORGANIZATIONS 2023- Present Indian River County Adopt a Roadway Participant 2012- Present Phi Theta Kappa -member VOLUNTEER 4 Boy Scouts of America Eagle Scout Obtained 2007 Assistant Scoutmaster and merit badge instructor 232 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney /8L County Attorney's Matters - B. C. C 6.6.23 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Dylan Reingold, County Attorney DATE: May 19, 2023 SUBJECT: Environmental Lands Acquisition Panel Appointment BACKGROUND. ATTORNEY The Indian River County Board of County Commissioners established the Environmental Lands Acquisition Panel with nine members. This agenda item is to consider the appointment of an applicant to fill the position of "Natural Resource" representative vacancy on the Environmental Lands Acquisition Panel. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following are the names of the qualified applicants for this position: Jeff Beal Eleanor (Ellie) K Van Os RECOMMENDATION. The County Attorney recommends that the Board review the applicants' resumes and applications, and determine whether to appoint any of the applicants to fill the "Natural Resource" representative to the Environmental Lands Acquisition Panel. ATTACHMENTS Applications Resumes C:IGranicuslLegistar5kL5ITemple3aab891-339c-4a65-babl-559aacaacJD3.doc 233 Indian River County Boards & Commissions Submit Date: May 19, 2023 Profile .. Jeff .. Beal . R* Nome Mtdae rnNal Lad UNme jbeal@ducks.org Enid Addres^a 1315 20th Ave SW :. SVW AMrees Sups or Apt _ Vero Beach :FL 32962 City Slide Paw cods Mobile: (772) 302-0774 .. .. Primary Phone Alternate Phone ... . - .. .. ... .. .. ... .. . . Ducks Unlimited Regional: Biologist Employer Job TNN Which Boards would you like to apply for? Environmental Lands Acquisition Panel: Submitted How long have you been a resident of Indian River County? 2.5yrs Are you a full-time or part-time resident? Select one. * . W Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. I am the Florida Regional Biologist for Ducks Unlimited (DU), the non-profit world leader in wetlands conservation established in 1937 (www.ducks.org). I conduct wetland acquisition and restoration projects throughout Florida and most projects are grant -funded. Please list any other committees or boards you currently sit on: Northeast FL Estuarine Restoration Team (Steering Team member); East Central Estuarine Restoration Team (Steering Team member); Atlantic Coast Fish Habitat Partnership (DU rep); Restoration Coordination and Verification (RECOVER) (Comprehensive Everglades Restoration Plan) Northern Estuaries Fish SubTeam (DU rep) Interests & Experiences Why are you interested in serving on a board or commission? Prior to moving to IRC 2.5 years ago, i lived in St Lucie County for for 23 years. Following 27 years as a public servant with FDEP and FWC working primarily in the IRL region on fish habitat and water quality projects, I am keenly aware and concerned about the issues facing the IRL proper and its watershed. With my new job with Ducks Unlimited, my work has further expanded into the watershed including public and private land. Florida and IRC are at a crossroads regarding the need for applying smart growth principles to preserve habitats, species, and quality of life for its citizens. Clearly, the county residents have spoken through the bond referendum approval that many share this vision. IRC is strategically located within the watersheds of both the IRL and the upper St Johns River Basin with numerous areas already conserved through fee simple acquisition and conservation easements. I believe my experience and expertise can lend insight to future conservation objectives. Also, the resources available from Ducks Unlimited could foster additional partnerships to leverage county funds with other available funding sources. I have been given permission from my leadership to complete this application as we believe strongly that this board aligns well with our strategic mission. Other DU staff in Florida occupy seats on teams associated with the Florida Wildlife Corridor initiative. 235 Jeff Beal CURRICULUM VITAE Jeff Beal, M.S. Ducks Unlimited Inc. Business: 5600 US 1 N, Ft. Pierce, FL 34946 Residence: 1315 20'h Ave SW Vero Beach, FL 32962 Work Tel: (772) 302.0774 Work email: jbealAducks.org Personal Tel: (772) 577.8570 Personal email: funkyjbdrumsayahoo.com APPOINTMENTS 2020 -present Regional Biologist Florida, Ducks Unlimited Inc. 2004-2020 Biological Scientist III-IV, Marine/Estuarine Subsection, Aquatic Habitat Conservation and Restoration Section, Florida Fish and Wildlife Conservation Commission (FWC) 1996-2004 Environmental Specialist III, State Aquatic Preserves Program, Florida Department of Environmental Protection (FDEP) 1994-1996 Environmental Specialist I, State Aquatic Preserves Program, Florida Department of Environmental Protection 1991-1993 Research/Teaching Assistant, Florida Institute of Technology 1992 Fish Biologist, Harbor Branch Oceanographic Institute ACADEMIC QUALIFICATIONS 1993 M.S. Marine Biology, Florida Institute of Technology, Melbourne, FL 1990 B.S. Marine Biology, Jacksonville University, Jacksonville, FL SELECT PUBLICATIONS [1] Lin, J, and JL Beal. 1993. Effects of mangrove marsh management on the fish and macro - crustacean communities at St. Lucie County, Florida. Bulletin of Marine Science 57(1):193- 201. [2] Beal, JL, and BS Schmit. 2000. The effects of dock height on light irradiance (PAR) and seagrass (Halodule wrightii and Syringodium filiforme) cover. In S. Bortone (ed.), Seagrasses: Monitoring, Ecology, Physiology, and Management, CRC Press. 318pp. [3] Collier C, R Ruzicka, K Banks, L Barbieri, J Beal, et al. 2008. The State of the Coral Reef Ecosystems of Southeast Florida. pp. 131-159. In: JE Waddell and AM Clarke (eds.), The State of the Coral Reef Ecosystems of the United States and Pacific Freely Associated States: 2008. NOAA Technical Memorandum NOS NCCOS 73. 569 pp. [4] Herren, L, B Sharpe, JL Beal, J Tucker, C Conrad. 2011. Hydrologic Restoration of the North Fork St. Lucie River. Final report, 307 pp. [5] Beal, JL, J Voss, S Edge, and L Cohen. 2012. Assessment of coral stressors on St. Lucie Reef. Florida's northernmost coral reef. Final Report for State Wildlife Grant, USFWS T-19- 1, 54pp. 1 236 [6] Kahn, AE, JL Beal, MJ Durako. 2013. Diurnal and tidal variability in the photobiology of the seagrass Halophila johnsonii in a riverine versus marine habitat. Estuaries and Coasts, 36:430-443. [7] Klepac CN, J Beal, C Kenkel, A Sproles, JM Polinski, MA Williams, MV Matz, JD Voss. 2015. Seasonal stability of coral-Symbiodinium associations in the subtropical coral habitat at St. Lucie Reef, Florida. Mar Ecol Prog Ser 532:137-151. [8] Radabaugh, Kara R., Christina E. Powell, and Ryan P. Moyer (eds.). 2017. Coastal Habitat Integrated Mapping and Monitoring Program Report for the State of Florida: Chapter 12 Indian River Lagoon co-author. Florida Fish and Wildlife Conservation Commission, Fish and Wildlife Research Institute Technical Report No. 21. [9] Radabaugh, Kara R., Stephen P. Geiger, and Ryan P. Moyer (eds.). 2019. Oyster Integrated Mapping and Monitoring Program Report for the State of Florida: Chapter 8 Central Eastern Florida co-author. Florida Fish and Wildlife Conservation Commission, Fish and Wildlife Research Institute Technical Report No. 22. [10] Dodge DL, MS Studivan, RJ Eckert, JL Beal, E Chei, JD Voss. 2020. Population structure of the scleractinian coral Montastrea cavernosa in the Northern Florida Reef Tract and implications for conservation and management. Bull Mar Sci doi: 10.5343/bms2019.0074. [11] Studivan MS, A Shatters, Dodge DL, JL Beal, JD Voss. 2021. Synergistic effects of thermal stress and estuarine discharge on transcriptomic variation of Montastraea cavernosa corals in southeast Florida. Frontiers in Modern Science doi: 10.3389/fmars.2021.662220, [ 12] Mahoney RD, JL Beal, D Lewis, GS Cook. 2021. Quantifying the Response of an Estuarine Nekton Community to Coastal Wetland Habitat Restoration. Sustainability doi: 1 0.3390/su 132313299. [13] Lehman R, GR Poulakis, JL Beal, et al. 2021. Environmental DNA evidence of the Critically Endangered smalltooth sawfish, Pristis pectinata, in historically occupied US waters. Aq Cons Mar Fresh Eco doi: 10.1002/agc3721. [ 14] Stevens P, R Paperno, JL Beal, et al. 2022. Identification of fish habitat hotspots for use in prioritizing conservation and restoration projects in coastal rivers. Env Bio Fishes doi: 10.1007/sl 0641-022-01226-8. PUBLICATIONS IN PREP Stevens, P, R Paperno, J Beal, G Poulakis. Fish assemblages of the Caloosahatchee River. Conceptual Ecologic Model revision. RECOVER Northern Estuaries Fish Subteam. Stevens P, Beal J, R Paperno. Fish assemblages of the St. Lucie and Loxahatchee Rivers. Conceptual Ecologic Model revision. RECOVER Northern Estuaries Fish Subteam. Smith K, J Beal, A Roddenberry, E McDevitt, C Anderson, K Konchar. A GIS Assessment of Florida's Aquatic Resources: A Framework for Restoration and Management. Beal J and S Laramore, E. Dark, R Yu. Oyster health of restored versus natural reefs of the IRL. Dark E and JL Beal. Lionfish invasion of the Indian River Lagoon: habitat preferences. 237 SELECT MAJOR WRITING CONTRIBUTIONS (GREY LITERATURE) Indian River Lagoon South Feasibility Plan: North Fork St. Lucie River Floodplain Restoration section. 1999 North Fork St. Lucie River State Buffer Preserve Management Plan. 2004 Comprehensive Everglades Restoration Plan Restoration Coordination and Verification (RECOVER) Northern Estuaries Conceptual Ecological Models and Hypothesis Clusters (originals in 2005 and subsequent revisions) Comprehensive Everglades Restoration Plan System Status Reports for Northern Estuaries sections (originals in 2007 and subsequent updates) St. Lucie Watershed Protection Plan. 2008 Atlantic Coast Fish Habitat Partnership Fish Habitat Matrix online tool and 2016 Bioscience publication entitled, `The importance of benthic habitats for coastal fisheries.' MAJOR GRANTS and OTHER FUNDS AWARDED [1] Beal, J and P Sime. 2001. North Fork St. Lucie River marsh and river oxbow restoration. St. Lucie River Issues Team. $120,000 [2] Beal, JL and R Brockmeyer. 2008, 2010. Restoration of dragline ditch coastal wetlands in Volusia County, Florida, Phases I and II. USFWS National Coastal Wetland Grant Program. $1,617,000 [3] Beal, J and J Voss. 2009. Assessment of coral stressors on St. Lucie Reef. Florida's northernmost coral reef. Florida State Wildlife Grant Program, USFWS T-19-1. $56,000 [4] Haydt, P, R Brockmeyer, K Smith, J Beal. 2013. Northeast Florida Estuarine Habitat Restoration Initiative. Included Project Management of a 5 -acre saltmarsh restoration in New Smyrna Beach, FL. NOAA Coastal Habitat Restoration Grant Program. $3,283,000 [5] Beal J and J Voss. 2013. An Integrative Assessment of estuarine impacts on coral health and the Implications for Water Resource Management in Southeast Florida. Florida Seagrant. $217,500 [6] J Voss and J Beal. 2015. Assessing Freshwater Discharge Impacts on Coral Health and the Implications for Water Resource Management in Southeast Florida. NOAA Coral Reef Conservation of Domestic Grant Program $126,500 3 238 [7] Hanisak, D, J Beal, C Jacoby, and F Gidus. 2018. Pilot -Scale Demonstration of Seagrass Restoration in the Indian River Lagoon Using nursery grown Halodule wrightii. Indian River Lagoon National Estuary Program. $131,500 [8] Osborne T, J Nunez, and JL Beal, and F Gidus. 2019. Clam Restoration of the Indian River Lagoon for water quality improvements. Indian River Lagoon National Estuary Program. $185,000 [9] Beal, J. 2019. Restoration of the Jensen Beach impoundment. NOAA Restoration Program. $900,000 [10] Beal, J and P Stevens. FWRI fish seine data analysis and expansion of the telemetry array for St. Lucie River RECOVER NE Fish Subteam. $47,000 [11] Beal, J. South Florida Ecosystem Wetlands I for USFWS North America Wetlands Conservation Act. Restoration at Dupuis MA and Loxahatchee NWR. $3,000,000 [12] Beal, J. South Florida Ecosystem Wetlands II for USFWS North America Wetlands Conservation Act. Restoration at Cape Sable ENP. $6,000,000 [13] Beal, J. South Florida Ecosystem Wetlands III for USFWS North America Wetlands Conservation Act. Restoration at Lakes Hatchineha and Cypress. $4,049,171 [ 14] Beal, J. South Florida Ecosystem Wetlands IV for USFWS North America Wetlands Conservation Act. Restoration at Dupuis MA Phase 2. $3,000,000 [15] Beal, J. South Florida Ecosystem Wetlands V for USFWS North America Wetlands Conservation Act. Restoration at Fakahatchee Strand and acquisition at Jefferson. $6,629,130 SELECT IN-HOUSE AGENCY FUNDING AWARDS [ 1 ] Beal, J. 2005. Reconnection of Miller Oxbow, North Fork St. Lucie River, FL. FWC Aquatic Habitat Restoration and Enhancement Subsection funding program $110K [2] Beal, J and S Geiger. 2014. Restoration of dead -margin oyster reefs in Mosquito Lagoon. FWC Marine Estuarine Habitat Restoration Monitoring and Assessment Program $40K [3] Beal, J. and R Moyer. 2015. Marsh Madness — A project to engage citizens, students and scientists in restoration, monitoring, and outreach. FWC Marine Estuarine Habitat Restoration Monitoring and Assessment Program $118K [4] Beal, J and S. Laramore. 2015. Investigation of oyster (Crassostrea virginica) health on natural and restored reefs through routine monitoring in the Indian River Lagoon, Florida. FWC Marine Estuarine Habitat Restoration Monitoring and Assessment Program $43K [5] Beal, J and G Cook. 2019. Fish and motile decapod responses to dragline ditched coastal wetland restoration, Flagler County. FWC Marine Estuarine Habitat Restoration Monitoring and Assessment Program $36K 4 239 PEER -REVIEW and COMMITTEE MEMBER Bulletin of Marine Science, Marine Pollution Bulletin, Marine Technology Journal, numerous state and federal agency and university technical and scientific documents Committee Member – Emily Dark (Antioch Univ., M.S., 2012-2014); Committee Member --Courtney Klepac (Florida Atlantic Univ., M.S., 2013-2015) Committee Member—Richard Mahoney (Univ of Central Florida, MS, 2019-2020) Mentoring: Ph.D. – Amanda Kahn, (UNCW 2005-2009); FAU Honors College Senior Thesis – Sara Thomas (Florida Atlantic Univ., 2014-2015); M.S. Student – Danielle Dodge (Florida Atlantic Univ., 2016-2018; Knauss Fellow 2018); Ian Combs (Florida Atlantic Univ., 2018-19) PROFESSIONAL ORGANIZATION AFFILIATIONS & BOARD POSITIONS HELD East Central Estuarine Restoration Team (ECERT). Role: Steering Team (former Chair) North East Estuarine Restoration Team (VERT). Role: Steering Team Restoration Coordination and Verification (RECOVER) (Comprehensive Everglades Restoration Plan) Northern Estuaries Fish Subteam. Steering Team (former Chair) Atlantic Coast Fish Habitat Partnership (of the ASMFC) Science and Data Subteam. Former Role: Co -Chair; State rep Atlantic Coast Fish Habitat Partnership (of the ASMFC) Steering Team. Role: DU rep Indian River Lagoon National Estuary Program Management Board. Former role: Agency rep FWC Aquatic Habitat Restoration and Enhancement Subsection South Regional Assessment Team. Role: Subject Matter Expert FWC Marine Fisheries Habitat Partners Team. Role: Subject Matter Expert Guana-Tolomato-Matanzas National Estuarine Research Reserve Science Advisory Team. Role: Subject Matter Expert Florida Atlantic Univ at Harbor Branch Indian River Lagoon Symposium Steering Team. Former Role: Agency rep; lead for student judging Indian River Lagoon Spoil Island Workgroup. Former Role: Co-chair FDEP Statewide Ecosystem Assessment of Coastal and Aquatic Resources. Former Role: Subject Matter Expert FWC Floridalivingshorelines.com website development team. Former Role: Subject Matter Expert Indian River Lagoon Algal Bloom Investigation Green Team. Former Role: Agency rep FWC Small Unmanned Aircraft Systems Team. Former Role: Subject Matter Expert FWC Coastal Habitat Integrated Mapping and Monitoring Program team. Former Role: Subject Matter Expert 240 FWC Oyster Integrated Mapping and Monitoring Program Team. Former Role: Subject Matter Expert Indian River Lagoon South Feasibility Plan team. Former Role: Agency rep St. Lucie River Watershed Protection Plan. Former Role: Agency rep FDEP South East Florida Coral Reef Initiative team. Former Role: Agency rep; State Navigator alternate FDEP Our Florida Reefs. Former Role: Agency rep FWC Florida Sportfish Restoration Team. Former Role: Subject Matter Expert FWC Conservation Wildlife Legacy Initiative imperiled species review team (fishes). Former Role: Subject Matter Expert FWC Critical Wildlife Areas review team. Former Role: Subject Matter Expert FDEP Hardbottom TAC. Former Role: Agency rep North Fork St. Lucie River State Aquatic Preserve Management Plan Update Review Team. Former Role: Subject Matter Expert Loxahatchee State Aquatic Preserve Management Plan Update Review Team. Former Role: Subject Matter Expert SELECT PRESENTATIONS and POSTERS Hundreds of presentations/posters given at numerous events on numerous topics related to Florida fish, wildlife, habitats, and water quality including as an invited guest speaker at Florida Atlantic Univ at Harbor Branch Lecture Series, IRLNEP Council, Project Shore, Florida Master Naturalist Course, Governing Boards, public meetings, and numerous civic and governmental events and panel discussions. The following are select examples: Biological response to large-scale enhancement of a dredge spoil island in the Indian River Lagoon, FL. Restore Americas Estuaries 2006. Beal, Ji; Steven Hitt 2; Erin McDevitt i; Laura Herren 31Florida Fish & Wildlife Conservation Commission 2Ecological Associates, Florida; 3 Florida Dept of Environmental Protection Biological response to hydrologic restoration of oligohaline floodplain communities and oxbows along North Fork St. Lucie River, St. Lucie County, FL. American Fisheries Society and Restore Americas Estuaries 2006. Beal, J, Steven Hitt, Laura Herren, Greg Kaufinan, Rich Hauck. Florida Dept of Environmental Protection Living on the ledge: assessment of coral stressors on St. Lucie Reef, Florida. Coastal and Estuarine Research Federation 2011. Beal, Ji; Voss, J.D. 2. 1Florida Fish & Wildlife Conservation Commission 21-larbor Branch Oceanographic Inst at Florida Atlantic Univ, Ft. Pierce, FL. Use of a Spoil Island for Seagrass and Mangrove Mitigation in the Indian River Lagoon. Indian River Lagoon Symposium 2012. 6 241 Dave R. Clark, L.R. Ellis, T.Z. Osborne, A.G. Rozin, and J. Beal Inwater Research Group, Jensen Beach, FL Estuarine impacts on St. Lucie Reef: Determining the effects of changing resource management on Florida's northernmost coral reef. Indian River Lagoon Symposium 2012. Joshua D. Vossi, Dennis Hanisaki, Sara Edgei, Lisa Coheni, and Jeff Beah, iHarbor Branch Oceanographic Institute at Florida Atlantic University, Fort Pierce, FL; 2171orida Fish and Wildlife Conservation Commission, Fort Pierce, FL Restoration of dragline-ditched coastal marshes in Mosquito Lagoon through multi -tiered partnering. Restore Americas Estuaries 2012. Beal, Ji; Ron Brockmeyer 2; William Greening 3; Nicole Adimey 41Florida Fish & Wildlife Conservation Commission 2St Johns River Water Management District Palatka, FL; 3Volusia County Mosquito Control District; 4USFWS Restoration of coastal estuarine habitats through NOAA's Coastal and Marine Habitat Restoration Grant Program. Restore Americas Estuaries 2014. Beal, Ji; Ron Brockmeyer 2; Paul Haydt 21Florida Fish & Wildlife Conservation Commission 2St Johns River Water Management District Palatka, FL. Estuarine Impacts on Coral Reef Health and Implications for Water Resource Management in Southeast Florida. Indian River Lagoon Symposium 2014. Joshua D. Voss, Jeff Bea12, Maureen Williamsi, Lisa Coheni, and Courtney Klepaci iHarbor Branch Oceanographic Institute at Florida Atlantic University, Fort Pierce, FL; 2Florida Fish and Wildlife Conservation Commission, Fort Pierce, FL Coral and Zooxanthellae Responses to Seasonal Fluctuations and Freshwater Discharge on St. Lucie Reef, FL. Benthic Ecology Meeting 2014. Courtney Klepac i; Voss, J.D. i; Beal, J. 2; Sproles, A. 3; Polinski, J. 4 1Harbor Branch Oceanographic Inst at Florida Atlantic Univ, Ft. Pierce, FL; 2171orida Fish & Wildlife Conservation Commission, FL; 3Victoria Univ of Wellington, NZ; 4Albion College, Albion, MI Presence of the invasive lionfish (Pterois spp.) in the Indian River Lagoon: Implications for control and management. Southeast Estuarine Research Society 2015. Jeff Beah, Emily Dark2 ; iFlorida Fish and Wildlife Conservation Commission, Fort Pierce, FL; z Antioch Univ Restoration of coastal estuarine habitats in Indian River Lagoon. Florida Waterfowl Summit 2015. Beal, Ji; Ron Brockmeyer. 2; Paul Haydt 2; Daphne Booth. 3; Kent Smith i 1Florida Fish & Wildlife Conservation Commission 2St Johns River Water Management District; 3NOAA. Effects of St. Lucie River Estuarine Discharge Water on Corals and Their Symbionts. Reef, FL. Indian River Lagoon Symposium 2015. Alicia Shattersi; Voss, J.D. i; Beal, J. 2. 1Harbor Branch Oceanographic Inst at Florida Atlantic Univ, Ft. Pierce, FL; 2171orida Fish & Wildlife Conservation Commission, FL. Promoting living shorelines along waterfront properties: challenges and opportunities. Southeastern Association of Fish and Wildlife Agencies 2016. Beal, J, Steven Rockwood, Kent Smith Florida Fish & Wildlife Conservation Commission 7 242 East-Central Florida Estuarine Restoration (ECERT): Decoding the Indian River Lagoon, a National Treasure. Restore Americas Estuaries Special Session 2016 chaired by J. Beal. Presentation entitled Black and Blue: Informing Estuarine Restoration Performance Measures Using Assessments of Offshore Coral Communities. Beal, Ji; Voss, J.D. 2; Courtney Klepac 2; Danielle Dodge 2; Sproles, A. 3; Polinski, J. 4 1Florida Fish & Wildlife Conservation Commission 21-larbor Branch Oceanographic Inst at Florida Atlantic Univ, Ft. Pierce, FL; 3Victoria Univ of Wellington, NZ; 4Albion College, Albion, MI Oyster health: natural versus restored reefs. Atlantic Coast Fish Habitat Partnership 2017. Beal, Ji; Susan Laramore 2; Emily Dark3.IFlorida Fish & Wildlife Conservation Commission 211arbor Branch Oceanographic Inst at Florida Atlantic Univ, Ft. Pierce, FL; 3Florida Dept of Environmental Protection Oyster Restoration in Florida: Past, present, and future. Restore Americas Estuaries Special Session 2018 chaired by J. Beal. Presentation entitled Slow Bivalves at Work: the role of filter feeders in the restoration of the Indian River Lagoon. Beal, J. Florida Fish & Wildlife Conservation Commission Intervention strategies for diseased corals in Southeast Florida and potential impacts on mucus microbial communities. Benthic Ecology Meeting 2019/2020 and Indian River Lagoon Symposium 2019. Erin Shillingi, Jeff Beale, Joshua D. Vossi iHarbor Branch Oceanographic Institute at Florida Atlantic University, Fort Pierce, FL; 2Florida Fish and Wildlife Conservation Commission, Fort Pierce, FL Quantifying the effects of habitat restoration on fish communities in a dynamic coastal estuary. Coastal and Estuarine Research Federation 2019. Richard Mahoneyi„ Jeff Beah, Dakota Lewisi Geoffrey Cook; 2 Univ of Central Florida, 2Florida Fish and Wildlife Conservation Commission, Fort Pierce, FL; Characterizing the Impacts of Scleractinian Tissue Loss Disease with 3D Photogrammetry. Indian River Lagoon Symposium 2019. Ian Combsi, Michael Studivani, Jeff Beale, Joshua D. Vossi iHarbor Branch Oceanographic Institute at Florida Atlantic University, Fort Pierce, FL; 2Florida Fish and Wildlife Conservation Commission, Fort Pierce, FL Intervention strategies for diseased corals in Southeast Florida and potential impacts on mucus microbial communities. International Coral Reef Symposium 2020. Erin Shillings, Ian Combsi, Michael Studivani, Jeff Beale, Joshua D. Vossi iHarbor Branch Oceanographic Institute at Florida Atlantic University, Fort Pierce, FL; 2171orida Fish and Wildlife Conservation Commission, Fort Pierce, FL An Environmental DNA Tool to Monitor Recovery of the USA's Smalltooth Sawfish Population. American Elasmobranch Society 2020. RN Lehmani, NM Phillipsi, RM Scharer2, AJ Court2, AK Wooley2, JP Hadden, MJ Ajemian3, MP McCallisten, JL Beale, GR Poulakis2 i University of Southern Mississippi, Hattiesburg, MS; 2171orida Fish and Wildlife Conservation Commission, Fort Pierce, FL; 311arbor Branch Oceanographic Institute at Florida Atlantic University, Fort Pierce, FL KNOWLEDGE, SKILLS, AND EXPERTISE 8 243 • 30 years working experience on the conservation and restoration of marine, estuarine, oligohaline, and freshwater aquatic systems of Florida as related to plants, fish, wildlife, invertebrates, and habitats; • 15 years working experience supervising up to 10 professional employees (biologists, field technicians, administrative staff) including various training programs conducted by state agencies for supervising; • expertise and knowledge of Florida habitats (seagrasses, mangroves, saltmarshes, oyster reefs, riverine oxbows/floodplains, freshwater wetlands, coral reefs) as related to water quality and fish, waterfowl, and wildlife; • expertise and knowledge of south and central Florida watershed management issues; • skills and extensive knowledge of Grant Management, Project Management, and Contract Management for the State of Florida including associated procurement, bidding, pcard usage, on-line purchasing processing, budgeting, and request for qualifications. Advancing Accountability State Contract Training; • experience as resource manager of state aquatic preserves in the Indian River Lagoon region including aquatic habitat restoration, applied research and monitoring, comprehensive planning, and environmental education; • experience as resource manager of state buffer preserves in the Indian River Lagoon region including comprehensive planning, exotic species removal, restoration of various riverine and upland habitats, and use of prescribed fire; Certified Burn Manager through State of Florida Division of Forestry including all associated coursework (certification lapsed) • knowledge of state and federal permitting process including NEPA, Biological Opinion, and ESA Section 7 Consultation as an applicant and as a reviewer as per state agency mission; • knowledge and expertise concerning Halophila johnsond (ESA listed threatened marine plant) as a state representative including field management of a post -hurricane mapping effort through a NOAA-funded initiative; • expertise and knowledge of Everglades Restoration especially with respect to effects on Northern Estuaries species and habitats; • technical, scientific, environmental education, management plan and policy writing for a wide variety of audiences and stakeholders; • knowledge of experimental design, data analysis, and data interpretation; • developing and giving technical presentations on numerous topics regarding aquatic habitats and fish and wildlife in Florida and beyond including for professional meetings, conferences, and workshops, commissions (agency, municipality), councils (Indian River Lagoon National Estuary Program) and governing boards (Water Management Districts), public meetings with stakeholders, and civic organization and non-profit events; • representing state agencies on numerous teams, workgroups, and technical advisory committees to speak on scientific findings, policy, and mission (including as steering team member or lead); • leading technical standing teams of up to 250 environmental professionals to develop partnerships, discuss conservation and restoration techniques, leverage funding, and to facilitate permitting; • representing state agencies during field visits with elected officials and agency leadership to discuss issues related to fish, wildlife and habitat; scientific data analysis and interpretation; problem solving; leading and facilitating professional and public meetings regarding scientific, technical, and policy topics; 244 • skills using most Microsoft products and Primer; • skills using various field and data -logging equipment including GPS, laser level, boat electronics including sidescan sonar, YSI and Aquatroll water quality instruments, HOBO products (various), PAM fluorometer, Ocean Optics instruments • technical grant writing and review for funding entities such as federal agencies (USFWS, NOAA, EPA), Atlantic Coast Fish Habitat Partnership, State Wildlife Grants, St. Lucie River Issues Team, FWC, FDEP, Coastal Zone Management Program, Indian River Lagoon National Estuary Program, Florida SeaGrant; • FWC Boating and Trailering training and towing and operating vessels up to 35ft; • AAUS Scientific Diver Enriched Air Nitrox; over 1000 professional dives logged including five NOAA cruise missions; • trained as state agency rep for Coral Crime Scene Investigation team; • CPR/First Aid/02 administration training. AWARDS Atlantic Coast Fish Habitat Partnership Melissa Laser Award 2017 FWC Division of Habitat and Species Conservation Scientific Employee of the Year 2010 Florida Assoc. of Environmental Professionals Treasure Coast Chapter President's Award 2003 FDEP Team Performance Award for the Palm Beach County Seagrass Workgroup 1998 REFERENCES Kent Smith, FWC Marine/Estuarine Subsection administrator; supervisor for 15 years; colleague for 30 years..... kent.smithAmyfwc.com; 850.566.9059 Ron Brockmeyer, SJRWMD; colleague and co -principal on various grants for 30 years.... rbrockmeyerAsirwmd.com; 386.972.8647 Dr. Joshua Voss, FAU at Harbor Branch; colleague and co -principal on various grants for 15 years.... Jvoss2(a),fau.edu; 305.588.0732 Dr. Dennis Hanisak, FAU at Harbor Branch; colleague and co -principal on various grants for 30 years.... dhanisakAfau.edu; 772.242.2306 Emily Purcell, Ducks Unlimited South Atlantic Region; supervisor for 2.5 years at DU..... epurcell(nDducks.org ; 843.330.3024 10 245 Indian River County Boards & Commissions Submit Date: May 17, 2023 Profile - Eleanor {Ellie)K Van Os Mrst Name Middle lnf W last NNme p ... ellievanos@gmail.com Emai Address 479 21 st St. SE Street Address Soib or Apt Vero Beach FL 32962 CRY sfrta Postel Cede Home: (772) 453-9087 Pdmary Plane Aft.. ate Phone Retired ..: . Employer Job TMe i Which Boards would you like to apply for? Environmental Lands Acquisition Panel: Submitted How long have you been a resident of Indian River County? 45 years Are you a full-time or part-time resident? Select one . W Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. Retired - Director of Education and Exhibits at Florida Oceanographic Society; Biology Teacher (and other subjects) VBHS and Stride K12; Naturalist Tour Leader; Fisheries Biologist U.S. Fish and Wildlife Service Please list any licenses you presently hold: FL DOE Certificate valid through June 30, 2025 for Biology Grades 6-12, D.O.E. #5574202:. Please list any organization of which you are currently a member: Florida Ornithological Society; Florida Oceanographic Society; Pelican Island Audubon Society; Indian River Land Trust; Harbor Branch FAU Benefactors Society Please list any other committees or boards you currently sit on: _. 24 Eleanor (Ellie) K Van Os _ j Interests & Experiences Why are you interested in serving on a board or commission? The subject of land value associated with ecosystem services has been the focus of my entire career. That career began as a fisheries biologist with the U.S. Fish and Wildlife Service in Vero Beach, during which I was charged with evaluating habitat, and continued through positions as both a formal and an informal educator to children and adults. My interest in this particular panel is because I believe I can add important considerations to the discussions. 4 Yes +. No 247 Eleanor (Ellie) K Van Os 479 21St St. SE, Vero Beach,FL Eleanor (Ellie) Van Os Phone: 772.453-9087 email: ellievanos@gmail.com September 2021- September 2022 Stride K12 Florida Biology Teacher online January 2014 — September 2021 Population Monitoring Audubon Society Volunteer June 2010 through December 2014 Florida Oceanographic Society Stuart, FL Director of Education and Exhibits 2009-2010 Indian River County School District Science Teacher — Vero Beach High School 2008 — 2009 Harbor Branch Oceanographic Institution at Florida Atlantic University Research Technician 2007 — 2008 Harbor Branch Oceanographic Institute Research Technician 2000-2008 Travel Wild Expeditions (travelwild.com) Vashon, WA Naturalist Tour Leader 2001 - Present Freelance Writer/ Photographer 1994-2000 Indian River County School District Vero Beach, FL Biology Teacher— Vero Beach High School 1980-81 and 1984-86 U.S. Fish and Wildlife Service Vero Beach, FL Fisheries Biologist Education Florida Atlantic University Boca Raton, FL M.S. 2008 Biological Science Rutgers College of Rutgers University New Brunswick, NJ B.A. 1977 Biology Professional Cefificates Florida DOE Certificate valid through June 30, 2025 for Biology, Academic, Grades 6-12, D.O.E. #574202 248 Community Water Quality Extension Program Committee, Indian River County: August 2001 — Service 2002 Environmental Control Hearing Board, Indian River County: April 1990 — Oct. 1994 AD HOC Beach Advisory Committee, City of Vero Beach: May 1989 - March1990 Van Os, Eleanor K. and Joseph D. Carroll, Fourteen Years of Jay Watch Data Publications Gathered on Small Scrub Fragments in Indian River County, Florida Florida Field Naturalist 50(1):1-20, 2022 Encomio, Vincent and Eleanor Van Os, Florida Oceanographic Oyster Restoration Education, Florida Oceanographic Society, Stuart, FL (Presented at Indian River Lagoon Symposium 2014, Johnson Education Center, FAU Harbor Branch, Fort Pierce, FL February 6-7, 2014) Eleanor K. Van Os, Selection of Canals and Ditches as Foraging Habitat by Wood Storks (Mycteria Americana). A Thesis presented to the Faculty of The Charles E. Schmidt College of Science In Partial Fulfillment of the Requirements for the Degree of Master of Science Van Os, Eleanor, Joseph D. Carroll, Jr. and James Dunn. The effects of freshwater discharges on sport fishing catch rates in the St. Lucie Estuary, Martin County, Florida. (In Proceedings of the National Symposium on Freshwater Flow to Estuaries. October 1981). 249 .../,31) Of Ce Of Attorney's Matters 6/06/2023 INDIAN RTVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners ATTORNEY THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: May 19, 2023 SUBJECT: Approval of Mediation Settlement Agreement 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. The property is located at the northwest corner of 66th Avenue and 651h 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 and three flow wells. 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 7.86 acres from the Sadhwani property: 5.28 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. 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 7.86 acres of property needed for the 66th Avenue road project and the County took possession of the right-of-way and pond site parcels after depositing $314,264.00 into the registry of the Court. Some discovery has taken place in the lawsuit and the parties scheduled a mediation of the case on May 12, 2023. The mediation was attended by Drs. Harish and Deepti Sadhwani, Rohan Sadhwani, and their attorney, David Holloway, the mediator, Tony Rodriguez, Assistant 250 66th Avenue Sadhwani Settlement June 1, 2023 12 Public Works Director Kirstin Leiendecker, Assistant County Attorney Susan Prado, Land Acquisition Specialist Andrew Sechen, Outside Counsel Bill Doney and myself. 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. On the other side, the Sadhwani's appraiser valued the partial take at $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 is 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 of the property 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. At the beginning of a mediation, the attorneys for the parties gave an opening statement. Mrs. Sadhwani then asked to speak. She explained that they had bought the nearly 20 -acre property to be used as a family compound. When it was nearing the time for the parents to retire from their medical practice, the parcel would be divided into four lots with the parents taking one lot and the other three would be given to their children and the family would all build a home and live on the property. In support of this assertion, Mrs. Sadhwani stated that they had recently purchased the former Calico Corners building on State Road 60 and remodeled it into a medical office for their daughter and son-in-law as they are both are dermatologists. Rohan Sadhwani, who attended the mediation, is a financial analyst in Vero Beach and their other daughter is finishing her medical training and plans to return to the area also. Mrs. Sadhwani concluded that because of the County's partial take of the property, two lots were lost and the plan for a family compound was ruined. The County's challenge in the mediation, and later in court, was to limit the exposure to a large jury verdict if the jury believed that some or all of the fill the Sadhwani's expert was necessary. In the report of the County's engineer, $71,800 was needed to create and grade a swale at the back of the slope of the road on the Sadhwani's property to provide better drainage in the after condition. In order to avoid the fill and drainage issue, County staff and outside counsel agreed that purchasing the entire remainder parcel would be an advantage for three reasons: 1. The exposure to the cost to cure due to the 90,000 cubic yards of fill for $819,895 would be eliminated. 2. The County would have 11.86 acres of property it could sell or use for another purpose. 3. Keeping in line with the Board's direction to appeal to the property's owners' wishes, if possible. 251 66th Avenue Sadhwani Settlement June 1, 2023 13 Since the Sadhwani's expressed a willingness to sell the entire remainder parcel as their preference, staff pursued this direction at mediation. As stated above, the County's appraiser valued the 11.86 -acre remainder parcel at $644,400 or $54,333 per acre. After six rounds of mediation, the parties agreed to a purchase price of $58,000 per acre or $1,133,320 for the entire 19.54 -acre parcel. The County would get credit for the $314,264 already deposited making the purchase price of the remainder $819,056 going to the Sadhwanis. If approved, the Agreement would proceed to a real estate closing with the County receiving a deed to the property so as to wipe out the Sadhwani's statutory right of first refusal to buy back the remainder parcel if the County were to sell, trade or lease the remainder parcel in the future As you are aware, in an eminent domain proceeding, the condemning authority is responsible for payment of the landowner's reasonable expert witness costs and attorney's fees. In this case, the Sadhwani's originally sought $105,000 for expert witness costs for the appraiser, engineer, land planner and arborist. After careful review of the invoices, that amount was compromised to $63,100. The attorney's fees in an eminent domain case are set by statute and are measured by the amount of benefit achieved for the landowner. The benefit achieved is measured by the difference between an unconditional offer made by the government and the final price paid to the client. In this case, the County made an unconditional offer to the Sadhwanis on July 23, 2020 of $516,156. The benefit obtained for the client was $1,133,320 — 516,156 = $617,164. The statute provides for a fee of 33% for the first $250,000 of benefit and 25% of the benefit thereafter. So 33% x $250,000 = $82,500 and 25% x 367,164 = $91,791 for a total fee of $82,500 + 91,791 = $174,291. Taking into account of the credit for the $314,264 already paid into the registry of the court, the County's additional amount due under the Agreement to the County in this matter is $819,056 + 174,291 + 63,100 = $1,056,447.00. Funding: Funding in the amount $1,056,447 is budgeted and available in Traffic Impact Fees/District 2/ ROW/661h Ave/49th to 69th Street, Account # 10215241-066120-07806. Recommendation: Staff recommends the Board approve the Mediation Settlement Agreement with the Sadhwanis. Attachments: Aerial photo, Sketch and Legal Descriptions, and Mediation Settlement Agreement 252 7'1412020 ParceUD Indian River County, Florida Property Appraiser - Printer Friendly Map Indian River County, Florida Property Appraiser E _ * eT AAL 4,�.' .�, r ' e" `ffff OwnerName PropertyAddress 32390700001008000002.0 SADHWANI HARISH AND DEEPTI 6600 65TH ST VERO BEACH, FL 32967 Notes 253 https:Hindianriverfl-auditor-dassic.ddti.neVPrintMap.aspx ill F' NORTH LINE TRACT 8 LINE TABLE M r` LINE LENGTH BEARNG L1 30.72 N00'00I25"E L2 50.00 N89'59'35"W N W * E 0 C'J 100' GRAPHIC SCALE 20' PERMANENT SLOPE EASEMENT n 455.55' R S89'24'50"E 30' 50'— 10'1 20' --- PARCEL 105 229,791 SQ.FT. ' 5.28 ACRES Iq r' P.O.B. 851.57' v -- N89`l0 25"W 65th. STREET TRACT LINE A 12 CANAL A SECTION Lir --VA-- — 30' — — Do N C) `W i U10 W N Do N W Z N 0 N I t~n O I o w z 3 .n E Jg� LD � v IS ml� � I Q m m Na50' 50' N W I --� ORYo IrJW N plat Q�•U �m WZ a n \N I wI Iz I Iw QI N i � 1 O I IMI I I N I P. O C. Ya CORNER L2 SECTIOI N 7 M r` 0 I MI INDIAN RIVER FARMS CO. I PLAT BOOK 2, PAGE 25 — — — SECTION LINE (ST, LUCIE) TRACT 8 and sketch meet. the standards of pract/ce vat forth by the Rcrida HARISH SADHWANI 32390700001008000002.0 ORB 1818, PG 1661 Admkilstrot7w Code, pursuant to Section 472.027, Radda Statutes and W it•) that We drawing is a true and accurate representation thereof to the N 0 PARCEL beat of my knowfedg. andbalk+f. Subject v.-Wotes and notatlons ah- hown--- O hereon. Z 1 20' PERMANENT SLOPE EASEMENT n 455.55' R S89'24'50"E 30' 50'— 10'1 20' --- PARCEL 105 229,791 SQ.FT. ' 5.28 ACRES Iq r' P.O.B. 851.57' v -- N89`l0 25"W 65th. STREET TRACT LINE A 12 CANAL A SECTION Lir --VA-- — 30' — — Do N C) `W i U10 W N Do N W Z N 0 N I t~n O I o w z 3 .n E Jg� LD � v IS ml� � I Q m m Na50' 50' N W I --� ORYo IrJW N plat Q�•U �m WZ a n \N I wI Iz I Iw QI N i � 1 O I IMI I I N I P. O C. Ya CORNER L2 SECTIOI N 7 254 LEGEND Thly cartlfies that a legal deacr/ptan and sketch of the property shown — — — SECTION LINE hereon was made under my supervision and that this legal descr/ption — — — EASEMENT LINE and sketch meet. the standards of pract/ce vat forth by the Rcrida Board of Pro fssslonal Surwycra and Mappers In Chapter 5J-17• f7orlda --- PROPERTY LINE Admkilstrot7w Code, pursuant to Section 472.027, Radda Statutes and --- PROPOSED RIGHT OF WAY that We drawing is a true and accurate representation thereof to the PARCEL beat of my knowfedg. andbalk+f. Subject v.-Wotes and notatlons ah- hown--- - — —RIGHT OF WAY LINE hereon. R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK— EX. DEMETER. P.SA!_NO. 5179 FDOT FLORIDA DEPARTMENT OF TRANSPORTATION UJ 'Z 2111? SECT. SECTION DA 7E• Not wild without the signature and -the original ratsed seal of a flarlda Licensed Surveyor and Mo Kimley*Horn DATESHEET LEG�f L DESCRIPTION AND SKETCH OF NUMBER c 7 Io�,tYr-Nue+ A� A�oc1A�4 n,c. z 7/10/17 -- PARCEL 105 1 OF 2 DRA1Mi or OFD OD'' ECD N6 TM sn�T. a'"iO SPO �"" n "D°O ww.waev-NaAN.COM PROJECT NO. 047035041 INDIAN RIVER COUNTY, FLORIDA 254 LEGAL DESCRIPTION RIGHT OF WAY PARCEL 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 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, BEARING NORTH 89'10'25" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 651.57 FEET TO A POINT ON THE WEST LINE OF THE EAST 20 ACRES OF SAID TRACT 8; THENCE, LEAVING SAID NORTH LINE, BEARING NORTH 00'00'25" EAST, ALONG SAID WEST LINE, A DISTANCE OF 50.01 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 89"10'25" 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 LINE OF SAID TRACT 8; THENCE, BEARING SOUTH 89'24'50" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 156.01 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 8; THENCE, BEARING SOUTH 00'00'25" WEST, ALONG THE EAST LINE 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 FOOT — 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. Kimleym Horn °ATE SHEET NUMBER 7/10/,7 LEGAL DESCRIPTION AND SKETCH OF wtA11R er ocv �� _ ern �� �a PARCEL 105 2 OF 2 PRO ' ECT NO 047035 INDIAN RIVER COUNTY, FLORIDA vNv+e. iT1-7]t-4fnp rNe r�'�w—N'° 041 wnvw Kir—xaar�.aor 255 raven w e IN AVENUE 017-0112 - R.VI�d Pyr IRC PARCEL 105 - SMF-R.dM PARCEL 105 Jul 18 2017 513 b D—..1..Durr NL 66TH AVENUE PARCEL 105 W E STORM WA TER MANAGEMENT FACILITY o S 100• GRAPHIC SCALE ORB 506, PG 517 P.O.B. 32390100001001000007.0 S89'24'50"E 495.53'156.01' NORTH LINE TRACT 8 N89'24'50"W L1 cl N.E. CORNER-/ TRACT 8 w oD N N8924'50"W 50' b 163.00' 20' 1y w LO PARCEL 105 4. M STORMWATER MANAGEMENT ^ � � FACILITY I I N w I., 11Eni 2.580SO. FT.ACRES �N 0 EAST LIN E T. TRACT 8 � W 32390700001008000002.0 LO ORB 1818. PG 1661 oo V4 fV O NN z BO' 0 32390700001008000002.0 � ORB 1818, PG 1661 M� a o Z N 0 � 8 Z ad co z °o �� N89 -24'50"W TRACT 8 iii o� I in - mm INDIAN RIVER FARMS CO. Q 206.97' PLAT BOOK KLUCI ACE 25 ( E a oLLJ N Z J z cn C.-1 c 86TH AVE. w BASELINE N 0 Q n LINE TABLE EAST Y4 LINE LENGTH BEARING R/W RESERVATION LINECORNER L1 50.00 N89 4'50"W -- SECTION 7 N4 L2 50.00 SOO'00'25"W TRACT LINE 65th. STREET Y4 SECTION LINEA 12 CANAL tr LEGEND SECTION LINE PROPERTY LINE PROPOSED POND PARCEL — — RIGHT OF WAY LINE P.00. POINT OF COMMENCEMENT n'/e certlRes that a legal desclr$rtion and sketch of the property shown P.O..B. POINT OF BEGINNING hereon was mode under my supervision and that this /ego/ desoription and -ketch meets the standards of practice set forth by the Ror/do R/W RIGHT OF WAY Board of Professlonol Surveyors and Mappers to Chapter %/-17 Rwtda ORB OFFICIAL RECORDS BOOK Admin/elrat/ve Code, pursuant to Section 472.027, Ror/da Statutes, and PG PAGE that this draw/ng /e a true and accurate representation thereof to the best of my know/edae and belief. Subject nates and notations shown TCE TEMPORARY CONSTRUCTION hOr' EASEMENT FOOT FLORIDA DEPARTMENT OF SECT. TRANSPORTATION SECTION Ec. OEMETER P.s/gt ff f"4 2017 !! )t DATE• Not vvAd without the s/gnoturo and the origlnol ra/sed seat of a norldo L/cenesd Sums and Mapper r ,o0 DAA SHEET NUMBER sr DFv Kimley*Horn 7/io/i7 LEGAL DESCRIPTION AND SKETCH OF LnA11N W DFD o m11 NYJiT-HORN AND " OpAlp, NC. {ad 1N eR6Ef. YvfiE saq MhTo GEAOI, FL lYFee PROJECT N0. PARCEL 105 STORMWATER MANAGEMENT FACILITY 1 Of 2 olaxm ev ECD rReec, 7rz-1 -.+0o FAw rra_�41= wswuoasr-�NaxooN 047035041 INDIAN RIVER COUNTY, FLORIDA 256 - R -1—d Px IRC\PARCEL 105 - STORMWA TER MAIVAGEMEN T STORMWATER MANAGEMENT FACILITY 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 ),4 CORNER OF SAID SECTION 7; THENCE, BEARING NORTH 00'00'25" EAST, ALONG THE EAST LINE 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. ARCEL;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. - N A Kimieym Horn DA"SNE'Ef NUMBER �.,DD 7jio/17 LEGAL DESCRIPTION AND SKETCH OF onw.,R .r m17 water'-�+aa+ wu ws wm MQ PU;,ECT No, PARCEL 105 STORMWATER MANAGEMENT FACILITY 2 of L DPD «e 1H rmEcr, awlc mo, weo rww, n aaaeo 5ja— m-'°`' IW F""' 7' 794" 13° 047035041 INDIAN RIVER COUNTY, FLORIDA ECD rMM'Cou 257 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL. CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA Indian River County, a political subdivision of the State of Florida, Petitioner vs. Harish Sadhwani & Deepti Sadhwani, et al., Respondents. Case No. 2020 CA 000600 Parcel No. 305 MEDIATION SETTLEMENT AGREEMENT At the Mediation Conference held on May 12, 2023, the parties reached the following Settlement Agreement, subject to the approval by the Indian River County Commission: 1. Petitioner, Indian River County ("COUNTY") will pay Harish Sadhwani and Deepti Sadhwani "Respondents" as follows: Respondents shall receive the sum of $1,133,320 in full settlement of all claims for compensation from COUNTY, including statutory interest, and all claims related to real estate, severance damages, and all apportionment interests, if any and including the purchase of the reminder of the parent tract as referenced in Paragraph 5 of this Agreement.. 2. COUNTY previously deposited in the Registry of the Court its good faith estimate in the amount of $314,264. Upon closing of the property referenced in Paragraph 5, COUNTY or its title company, shall issue a check to the Respondents or Respondent's attorney's trust account in the sum of $819,056 representing the difference between the total settlement sum and the COUNTY's previous deposit. 258 3. In addition, at closing, COUNTY shall pay the total sum of $63,100 for Respondent's expert fees and costs. 4. In addition, at closing, COUNTY shall pay the total sum of $174,291.00 for any and all of Respondent's attorney fees, inclusive of apportionment, benefits, non - monetary benefits, and supplemental proceedings, if any. 5. In consideration, and as part of this settlement agreement, Respondent agrees to convey and County agrees to purchase Respondent's remaining adjoining land amounting to approximately eleven acres (11+-), free and clear of any all encumbrances. Taxes and assessments, if any, shall be prorated to the date of closing, 6. This mediation settlement agreement is subject to the approval by the Indian River County Board of County Commissioners. Staff will recommend approval of this Agreement to the Board. All reasonable efforts shall be made in order to present this settlement agreement to the County Commission during the month of June, 2023. 7. Respondents hereby waive any and all rights provided to them in FI. Stat. 73.013. concerning any subsequent sale, lease or conveyance by County and County shall be free to convey, sell or lease said property, in its sole and absolute discretion. 8_ Upon approval of this Agreement, the parties stipulate to using Atlantic Coastal Title Company'to perform the closing of the property subject to this Agreement. The Parties shall fully cooperate in effectuate the prompt closing of the lands referenced in Paragraph 5. County shall pay the costs of closing except Respondents shall be responsible to pay the cost of any taxes and/or encumbrances. 259 This SeftlemeM AgtowymA is entered into under the threat of 260 Attest: Jeffrey R. Sn ti, Clerk of Court and Comptroller 0 Deputy Clerk I 'I ndlan River-Coup, F _ p. £. i v P tCenterlines —,Municipal Boundaries 2 RIVER 1{ COMPANY FARMS SlD ¢ �' IRC Private Schoo i Government Facilities RIVER FAR COMPANY SJ FEDERAL GOVERNMENT m A: COUNTY GOVERNMENT y. t Spilm w a 1 IRESTATION LAW ENFORCEMENT ;. �. 65TH ST X14 �C SPARK A WVPARK TRAMP WA *ELAUNCH itCA LANDING Golf Courses *Water Parcel ID 32390700001008000002.0 Prop ID 42906 tOwwr SADHWANIHARISH Last2Sales Sec/Twp/Rng 07-32-39 Class 6000- Imp JW S & DEEPTI Date Price IM*V"*: Property 660065 $t.: pastuftkw I MOSMYONC T 1lff2004 $100 U J....: Address Vraos"iAC". Acreage 12.35 VERO BEACH,# 32963,*1/2004 $7600M pap~ Plat Book Link District 7- COUNTY- NO SEBASTtAM Brief Tax Description INDIAN RIVER FARMS COOMIAW SM, IISZ-,U' MM.IWP 32 R N G 39798 MORE PART Wt. A3i i�IC TR 8 LE 6' ii ilM ' i /1 .i.• ROW LYINOMb Sj-.7tNP32RNG+S9-M;C0Mf0li� Not to Date created: 3/27/2023 Last Data Uploaded: 3/27=231"8:34AM I Developed by Ii: /1/X I June 6, 2023 ITEM 14.A. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 22, 2023 SUBJECT: Proposed Increase of the Tourist Tax From 4 to 5 cents FROM: Joseph H. Earman Chairman Discussion Item: I would appreciate a discussion with my fellow commissioners about increasing the tourist tax from 4 cents to 5 cents. Attachments 262 Tout t Tax Revenue MatitK ES 12SAI COM spods S elun1 .. ... ZOO_. A fii�rristr► Pi'ortua x � x x .... . lti'r8��,t�lre �C : x firm a Wf=to- tht � can be 40# categories. *"j not fie used tws* funding dolyt WWO .payments .. 10' .. Beath Restoration 3 Tourism PromvtW:... :: os 3 Sports stadium 1 Ot Beach Resttlratien . Tourism Prometion �'9Esdiurei as iso or Znd + seach Restoration Loa 1 ... . Tourism Prom©tier! 41;8 Sports Stadium 047 3 . .._. .. Is Rmooeto Sewn. Restora Von Fwletd: Total 4 Gets of Iwe of fent ToWlfalt of"ali 5 . Fiscal Year ToutrlatTarcP�a . - -; 19/2 SM,370 ii . ... . . ... JI� _ 11$` .., . 20/21 � 3,"7,39 111 � �� ��� 22/2s 22-/23*: 3,M WO 20060M #AKt? fl s-h Reattiratloo. Value of. 'SAh- Cent .. t>e Mal Year FundNant f:18uftet\ICrlstln\Tovrlst Tarx\PoWt*i -Sth Cervt T twM Tog AW h Desoto 'Scambia Fla ler 5, rI ranklin 3.0% adsden 2.0°l0 ilchrist 3.0% ;- 268 )gas DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: David Johnson, Director Department of Emergency Services Alicia Reyes, Staff Assistant IV Department of Emergency Services DATE: May 18, 2023 SUBJECT: Approval of Third Renewal of Third Amendment of Property Lease for Temporary Location of Fire Station #7 It is respectfully requested that the information contained herein be given formal consideration by the County Administrator and the Board of County Commissioners. DESCRIPTION: On June 23, 2015, Joseph G. Miller and Indian River County entered into a lease agreement for the use of the property located at 1893 90th Avenue, Vero Beach, Florida to serve as a short-term location for modular Fire -Rescue Station #7. On May 2, 2017, an Amendment to the Lease Agreement was approved reflecting St. Lucie County Battery and Tire Company as the Lessor on the agreement. The initial term on the lease agreement was 24 months with the option to renew for 3 additional one (1) year terms. On June 11, 2019, the County utilized the final one (1) year extension and the lease expired on June 18, 2020. On August 18, 2020, the Board approved a second amendment and renewal of the property lease with the option to renew for 3 additional one (1) year terms. On July 6, 2021, the Board renewed the lease agreement for the first one (1) year term. On June 21, 2022, the Board renewed the lease agreement for the second (2) year term. The current lease is due to expire on June 18, 2023 and at this time, staff is requesting to extend the lease for the last extended one (1) year term. The current monthly lease amount is $1,125.50.($13,506 annually). The new rate will be increased by 3% to $1,159.27 per month ($13,911.18 annually). This is an increase of $33.77 per month ($405.24 annually). FUNDING: Funding for the property lease is budgeted and available in the Emergency Services District/Fire Rescue/Rent-Land account, number 11412022-034410, in the amount of $13,911.18. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Emergency Services District/Fire Rescue/Rent-Land 11412022-034410 $13,911.18 RECOMMENDATION: Staff recommends approval of the third renewal of property lease. 269 ATTACHMENTS: Third Renewal to Second Amendment of Lease Agreement 270 THIRD RENEWAL TO SECOND AMENDMENT OF LEASE AGREEMENT THIS THIRD RENEWAL OF SECOND AMENDMENT OF LEASE AGREEMENT ("Renewal") is entered into as of the day of June, 2023 by and between St. Lucie Battery and Tire Company, a Florida corporation, ("Lessor") and Indian River County, a political subdivision of the State of Florida (the "Lessee"): RECITALS WHEREAS, on June 23, 2015, Joseph G. Miller and Lessee entered into a lease agreement (the "Lease Agreement") for the use of the property located at 1893 90th Avenue, Vero Beach, Florida (the "Leased Premises") to serve as a short term location for a modular Fire Station #7; and WHEREAS, on November 2, 2016, Joseph G. Miller, individually, and as Trustee of the Joseph G. Miller Revocable Living Trust, dated October 2, 1986, deeded the Leased Premises to Lessor; and WHEREAS, on May 2, 2017, Lessor and Lessee entered into an Amendment to Lease Agreement, reflecting St. Lucie Battery and Tire Company as the Lessor on the Lease Agreement; and WHEREAS, the Lease Agreement was for an initial term of 24 months and allowed the Lessee to renew the Lease Agreement for 3 additional one (1) year terms; and WHEREAS, the Parties renewed the Lease Agreement, as amended, until August 18, 2020, when it was set to expire; and WHEREAS, the Parties entered into a Second Amendment and Renewal of Lease Agreement (Second Amendment) on August 18, 2020, that renewed the Lease Agreement for an additional one (1) year term with the option to extend the Lease Agreement for three additional one (1) year terms; and WHEREAS, on July 6, 2021, the Lessor and Lessee renewed the Lease Agreement for the first one (1) year term; WHEREAS, on June 21, 2022, the Lessor and Lessee renewed the Lease Agreement for the second one (1) year term; WHEREAS, it is the intent of the Lessor and the Lessee that the Lease Agreement be extended for the third one (1) year term; and NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Page 1 of 2 271 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Amendment. The Lease Agreement is hereby renewed to provide for an additional term of one year from June 18, 2023 to June 18, 2024. 3. Be it further amended that the rental rate paid to the Lessor by the Lessee be increased by 3% to $1,159.27 per month or $13,911.18 annually. 4. All provisions of the Lease Agreement, as amended by the Amendment to Lease Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the Lessor and Lessee have executed this instrument this day of June, 2023. INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Board of County Commissioners Date Approved: ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM: William K. DeBraal, Esq. Deputy County Attorney Page 2 of 2 St. Lucie Battery and Tire Company By: G. Douglas Miller Title: President Witnessed by: Signature:_ Printed name: Signature:_ Printed name: APPROVED John A. Titkanich, Jr. County Administrator 272 1 563 SWDD Item Indian River County, Florida Solid Waste Disposal District (SWDD) Board Memorandum Date: May 24, 2023 To: The Solid Waste Disposal District Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Ronnie T. Jones, BSCE, A.M. ASCE Assistant Managing Director, SWDD Subject: Approval for Continued Laboratory Services Descriptions and Conditions: On January 11, 2023, the Solid Waste Disposal District (SWDD) issued Purchase Order 95537 in the amount of $35,000, which was issued to Eurofins Environmental Testing America Holdings Inc. for the purpose of performing chemical analysis of monitoring wells. Analysis: Based on the recent installation of four additional monitoring wells for the leachate evaporator to comply with the Florida Department of Environmental Protection requirements and the updated monitoring schedule (the six monitoring events associated with these new wells) provided from Geosyntec Consultants, Inc., additional monitoring costs will be required to ensure continued compliance. Each monitoring event requires the sampling for the following laboratory analytes (this is similar to the semiannual event sampling list): • Ammonia by EPA Method 350.1 • Chlorides, nitrate, sulfate by EPA Method 300 • Total Dissolved Solids (TDS) by SM 2540C • Cyanide and sulfide by SM 4500 • 20 metals by EPA Method 6010 and 6020 • 63 volatile organic compounds (VOCS) by EPA 8260 • 112 semi volatile organic compounds (SVOCs) by EPA 8270 • 19 pesticides by EPA Method 8081 • PCBs by EPA Method 8082A Due to the additional wells that were required to be added as part of the leachate evaporator system, SWDD staff is requesting an increase of $50,000. SWDD Agenda - Approval for Continued Laboratory Services Page 1 of 2 273 SWDD Item Funding: Funding for the laboratory services is budgeted and available in the SWDD/Landfill/Other Contractual Services account, number 41121734-033490, for a total amount of $85,000, which is funded from the SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/Other Contractual Services 41121734-033490 $85,000 Recommendation: Staff recommends the Solid Waste Disposal District Board authorize the Purchasing Division to amend and increase the existing Purchase Order 95537 by $50,000. Attachment: 1. 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