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HomeMy WebLinkAbout10/03/2023�LOR1'fli' BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 3, 2023 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov COUNTY COMMISSIONERS Joseph H. Earman, District 3, Chairman John A. Titkanich, Jr., County Administrator Susan Adams, District 1, Vice Chairman William K. DeBraal, County Attorney Joseph Flescher, District 2 Ryan L. Butler, 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 Rev. Dr. Joe LaGuardia, First Baptist Church of Vero Beach 3. PLEDGE OF ALLEGIANCE Chairman Joseph H. Earman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation - College Sports & Academic Achievement Game Day in Indian River County Attachments: Proclamation 5.B. Presentation of Proclamation Honoring Perry Morgan Attachments: Proclamation 5.C. Presentation of Proclamation in Recognition of Fire Prevention Week, October 8-14,2023 Attachments: Proclamation October 3, 2023 Page 1 of 6 5.D. Presentation of Proclamation in Recognition of National 4-H Week October 1 - 7, 2023 Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Indian River County Venue Event Review Calendar Attachments: IRC Venue Event Calendar 8. CONSENT AGENDA 8.A. Checks and Electronic Payments September 1, 2023 to September 7, 2023 Attachments: Comptroller Division Staff Report 8.B. Checks and Electronic Payments September 8, 2023 to September 14, 2023 Attachments: Comptroller Division Staff Report 8.C. First Addendum to Liberty Park, Phase IA and 1B Developer's Agreement Between Indian River County and Ryall Development Group, LLC Attachments: Staff Report First Addendum to Developer's Agreement Exhibit A -F 8.D. Transit Development Plan (TDP) Major Update Attachments: Staff Report 8.E. Duck Head Island Revegetation - Final Completion and Release of Retainage Attachments: Staff Report Final Duck Head Invoice 3459 S.F. Jones' Pier Conservation Area - Construction Administration Services; Donadio Amendment No. 3 to Work Order No. 3 Attachments: Staff Report Amendment 3 to WO 3 Attachment A 8.G. Designation of Excess Equipment as Surplus and Authorization to Donate Attachments: Staff Report 8.11. Award of RFP 2023050 for Employee Compensation and Classification Study Attachments: Staff Report Agreement October 3, 2023 Page 2 of 6 8.I. Approval of Final Ranking of Firms and Authorization to Negotiate for RFQ 2023057, Design Services for Oslo Park Paving and Drainage Project (IRC -2308) Attachments: Staff Report 8.J. Third Amendment to Staffing Agreement with HireQuest Direct for Temporary Day Laborers Attachments: Staff Report Third amendment Request for Increase 8.K. Ixora Park Sewer Rehabilitation, Approval for FDEP Grant Agreement Attachments: Staff Report FDEP Agreement No LPA0306 Grant Form 8.L. Kimley-Horn and Associates, Inc. Construction Phase Services for Utility Work by Highway Contractor Projects Attachments: Staff Report Kimley-Horn WO 3 Kimley-Horn WO 4 Kimley-Horn WO 5 8.M. Sector 4 Hurricanes Ian and Nicole Dune Restoration Project, Coastal Tech Work Order No. 2023051-02, Design, Permitting, and Bidding Services Attachments: Staff Report WO #2023051-02 Agreement 8.N. Purchase of Mitigation Credits for IRC Fire Rescue Station #7, IRC -1911 Attachments: Staff Report Mitigation Bank Credit Agreement 8.0. Five Guys at Sebastian Corners Use of County Parking Spaces Agreement, 1929-1931 US Highway 1 & 1921-1923 US Highway 1, Vero Beach, FL 32958 Attachments: Staff Report Use of Parking Spaces Agreement 8.P. Sole Source Designation for Saviak Consulting, LLC (Strategic Plan) Attachments: Staff Report Saviak Bio Levey Bio October 3, 2023 Page 3 of 6 8.Q. Notice of Grant Award from Florida Blue Foundation -Park -Based Senior Wellness Activities to Assist in the Development of Holistic Partnerships/Networks of Service to Address Mental/Behavioral Health Attachments: Staff Report Grant Agreement Grant Form 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.11.1. Public Discussion Request from Lance Lunceford; Chair, TPA Community Council re: Community Council Recognition Attachments: Public Discussion Request Lunceford C. PUBLIC NOTICE ITEMS 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 G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Deryl Loar E. Commissioner Laura Moss October 3, 2023 Page 4 of 6 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Solid Waste Disposal District Meeting Minutes of July 11, 2023 15.B.2. Approval of Solid Waste Disposal District Meeting Minutes of July 12, 2023 15.B.3. Approval of Solid Waste Disposal District Meeting Minutes of August 15, 2023 15.11.4. Approval of Solid Waste Disposal District Meeting Minutes of August 29, 2023 15.B.5. Lease of SWDD Property to Halley Engineering Contractors, Inc. for the Oslo Widening and I-95 Interchange Project Attachments: Staff Report Lease Agreement 15.11.6. An Additional Update on Franchise Collection Procurement Process Attachments: Staff Report 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.indianriver.gov 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. October 3, 2023 Page 5 of 6 Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6.00 a. m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. October 3, 2023 Page 6 of 6 vrorlamatt"On COLLEGE SPORTS & ACADEMIC ACHIEVEMENT GAME DAY INDIAN RIVER COUNTY OCTOBER 03, 2023 )Pbereag, academics and high school sports have always been a prominent feature in the community of Indian River County; and )ACreag, Indian River County residents are proud of the athletic and academic successes of all of our students; and V)bereag, Autumn brings the beginning of the school year and the start of the scholastic sports season, bringing about excitement and energy to the community; and N)bereag, some Indian River County student athletes will be continuing their athletic career in college by committing to or signing letters of intent with colleges around the country; and )Dbern!5, some Indian River County students have achieved academic excellence which has earned them scholarships to colleges around the country, and N)fjerea.5, the Indian River County Board of County Commissioners together with the School District of Indian River County are supporting all students who have achieved athletic and academic excellence and are continuing their careers in college, by encouraging all County Staff, School District Staff and students to wear their favorite college shirt orjersey on October 03, 2023 in support. ,Q0bi, Tberefure, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that the Board proclaims Tuesday, October 03, 2023 as "College Sports & Academic Achievement Game Day in Indian River County' and the Board further proclaims that all Indian River residents should join the School District of Indian River County by wearing their favorite college shirt or jersey to support our students that are continuing their careers at college. Adopted this 3rdth day of October, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss FA Proclamation Honoring Perry Morgan 'Whereas, Perry Morgan was a stalwart supporter of Vero Beach High School Athletics; and Whereas, Mr. Morgan offered constant encouragement to our young athletes, blowing the horn at Fighting Indian football games over many decades; and ^Whereas, his devotion to our Youth led him to travel to the away games; and Whereas, he became known as "The Horn Man" to friends and foes of the Fighting Indians; and Whereas, Vero Beach High School athletes and fans alike, looked forward to his presence, and his blowing the horn; and Whereas, his legacy will live on through his son, Perry Morgan, Jr. Naw, 11Fierefore, be it Proclaimed by the Board of County Commissioners ofln&an River County, Florida, that the memory of Mr. Perry Morgan and his long dedication to our young athletes be celebrated on October 3, 2023, the second annual Game Day, when all residents are encouraged to recognize the many accomplishments of our young athletes and scholars. Adopted this V day of October, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss PROCLAMATION IN RECOGNITION OF FIRE PREVENTION WEEK OCTOBER 8-14,2023 WHEREAS, Indian River County Board of County Commissioners is committed to ensuring the safety and security of all those living in and visiting Indian River County; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, cooking is the leading cause of home fires in the United States and fire departments responded to more than 166,400 annually between 2016 and 2020; and WHEREAS, children under five face a higher risk of non -fire bums associated with cooking than being burned in a cooking fire; and WHEREAS, Indian River County residents should turn pot handles toward the back of the stove; always keep a lid nearby when cooking; keep a three-foot kid -free zone around the stove, oven, and other things that could get hot; watch what they heat; and set a timer to remind them that they are cooking; and WHEREAS, Indian River County first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the 2023 Fire Prevention Week, "Cooking safety starts with You. Pay attention to fire prevention," effectively serves to remind us to stay alert and use caution when cooking to reduce the risk of kitchen fires. THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA do hereby proclaim October 8-14, 2023, as Fire Prevention Week throughout this state, and I urge all the people of Indian River County to check their kitchens for fire hazards and use safe cooking practices during Fire Prevention Week 2023, and to support the many public safety activities and efforts of Indian River County Fire Rescue. Adopted this P day of October 2023 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice -Chairman Joseph E. Flesher Deryl Loar Laura Moss 6,J PR0CXANAT.t0JV RECOGNIZING THE WEEK OF OCTOBER 1-7, 2023 AS NATIONAL 4-H WEEK ^Whereas, 4-H is America's largest youth development organization, having supported almost six million youth across the country thus far; and "Whereas, 4-H has helped 1,200 youth in Indian River County to become confident, independent, resilient, and compassionate leaders; and -Whereas, 4-H is delivered by Cooperative Extension — a community of more than 100 public universities across the nation that provides experiences where young people learn by doing in hands-on projects in areas including health, science, agriculture and citizenship; and -Whereas, National 4-H Week showcases the incredible experiences that 4-11 offers young people, and highlights the remarkable 4-H youth in Indian River County who work each day to make a positive impact on those around them; and -Whereas, 4 -H's network of 600,000 volunteers and 3,500 professionals provides caring and supportive mentoring to all 4 -Hers, helping them to grow into true leaders, entrepreneurs and visionaries. Now, Therefore, be it Proclaimed by the Board of County Commissioners of In4an, River County, _Tlorida, that the Board hereby recognizes October 1-7, 2023 as NATIONAL 4-H WEEK throughout Indian River County, and encourages all of our citizens to recognize 4-H for the significant impact it has made and continues to make by empowering youth with the skills they need to lead for a lifetime. Adopted this 3rd day of October 2023 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice -Chairman Joseph E. Flesher Deryl Loar Laura Moss AVER co G ORN Q' Indian River County Venue Event Calendar - October 2023 For more www.indianriver.gov GLADIUS GUITAR VIRTUOSO Sunday, October 1 @ Main Library • 2:00-3:00 pm. Free! ➢ All Ages. ➢ Raised in Atlanta, Georgia, pupiled by Andres Segovia's protege, and driven to obsession by Eddie Van Halen - Gladius is an award-winning composer and an "accomplished classical/flamenco style guitarist" who "soulfully shreds on the electric" guitar! (Phil Keaggy) ➢ Go to www.indianriver.gov/services/library to register or call 772-400-6360. NOT -SO -SCARY HAUNTED LIBRARY Daily, October 1-31 @ North County Library • 10:00 am -5:00 pm. Free! ➢ All Ages. ➢ Join the North IRC Library throughout the month of October for our Not -So -Scary Halloween. Each department will be decorated in their own theme with lots of giveaways and events. Costumes are encouraged. ➢ Go to www.indianriver.gov/services/library to register or call 772-400-6360. ADVANCED BIRDING-MIGRATORY SONG BIRD TOUR Wednesday, October 4 @ Captain Forster Hammock Preserve • 8:30 am. Free! ➢ All Ages. ➢ Did you know it is the peak of the annual bird migration in Indian River County? In this advanced birding class, David & Dee Simpson will teach how to develop a more holistic approach to bird identification. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-365-1284. INTRODUCTION TO BALLROOM DANCING -NEW CLASS Beginning Wednesday, October 4 @ iG Center • 7-8:00 pm. Cost $10. ➢ Ages 12 & older. ➢ Participants will learn the basics of ballroom dancing, including leading and following. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. 5 SNAP -ED NUTRITION CLASSES WITH TREASURE COAST FOOD BANK Thursdays, October 5, 12, 19, & 26 @ Brackett Library • 2:30-3:30 pm. Free! ➢ All Ages. E ➢ Tips on eating out, eating healthy on a budget, portion sizes, reading labels and more! ➢ Go to www.indianriver.gov/services/library to register or call 772-400-6366. INDIAN RIVER COUNTY AIRBOAT ASSOCIATION CLAY SHOOT Saturday, October 7 @ IRC Shooting Range • 9:00 am. Fee $500 per team. ➢ Join the Indian River County Airboat Association for the 4th Annual Clay Shooting Competition. Targets, ammo, and lunch are included in the fee. ➢ For more information visit https://indianriverairboat.com/upcoming-events/ SPECIAL OLYMPICS STATE SWIM MEET Saturday, October 7 & Sunday, October 8 @ North County Aquatic Center • All day event. ➢ Indian River County Parks and Recreation will be hosting the 2023 Special Olympics Annual State Aquatic Championship. Events will begin Saturday morning and conclude Sunday afternoon. Opening Ceremonies will be held at the Intergenerational Center Saturday evening at 7:30 pm. The Aquatic Center will be closed for the event beginning Friday, October 6 at 10:00 am -Sunday, October 8. ➢ For more information call 772-226-1752. TREASURE COAST BOAT SHOW, MARINE FLEA MARKET AND SEAFOOD FESTIVAL October 7 & 8 @ IRC Fairgrounds • 9:00-5:00 pm. Cost $10, children 12 & under free. ➢ All Ages. ➢ This event has a variety of offerings including a marine flea market, boat show and sale, fishing seminars, new and used boating equipment, seafood, and nautical decor. ➢ Go to www.indianriver.gov/parksandrecreation or www.flnauticalfleamarket:camfor information. ... ADULT COMPUTER CLASSES Monday, October 9, 16, 23 @ Main Library • 10:00-11:00 am. Free! ➢ Ages 18 & older. ➢ Free beginner computer classes for adults. Registration is required. s ➢ Go to www.indianriver.gov/services/library to register or call 772-400-010.. i C HALLOWEEN COSTUME SWAP Saturday, October 14 @ Main, Brackett, or North County Libraries • 12:00-2:00 pm. Free! ➢ All Ages. ➢ Bring your gently used costumes to the Main, Brackett, or North County Libraries and receive swap tickets to use at the event. Costumes of all sizes are welcome. ➢ Go to www.indianriver.gov/services/library or call 772-400-6306 for more information. EMERGENCY MEDICAL RESPONDER (EMR) CLASS Beginning Sundays & Mondays, October 15 -November 6 @ Gifford Aquatic Center • 9:00 am -2:30 pm. Cost $400. ➢ Ages 16 & older. ➢ EMR is an American Red Cross Basic Life Support training course. This course is designed to provide the participant the knowledge and skills necessary to work as a professional who can help sustain life, reduce pain, and minimize the consequences of injury or sudden illness. This is a 56 -hour course covering many complex skills that require in-person, hands-on skill sessions to successfully pass the course; No classes may be skipped or substituted. ➢ For more information call 772-226-1175 or visit www.indianriver.gov/parksandrecreation TRASH TALK Saturday, October 16 @ Main Library • 6:00-7:00 pm. Free! ➢ All Ages. ➢ Join us for Trash Talk and learn how to properly recycle and help make a green difference. Presented by Sue Flak, Coordinator, Solid Waste Disposal District. ➢ Go to www.indianriver.gov/services/library or call 772-400-6310 for more information. CHILDREN'S HAUNTED HALLOWEEN DANCE Thursday, October 19 @ Main Library • 6:00-7:00 pm. Free! ➢ Join us for a super -spooky (ok, not THAT spooky) Halloween Dance Party. Enjoy a mini -haunted maze and dance party. Costumes encouraged! ➢ Go to www.indianriver.gov/services/library or call 772-400-6318 for more information. FWC HUNTERS EDUCATION CLASS Saturday, October 21 @ IRC Shooting Range 9:00 am -3:00 pm. ➢ Field Day is to complete your hunter safety certification; instruction is provided'bythe FWC. You must have completed an online hunter safety course and have a copy of the completion certificate or field day voucher prior to attending the Field Day. ➢ For more information call 352-625-2804 or visit https://fwc.my.site.com/hgm/s/hgm- hunter-safetV 7 OKTOBERFEST Saturday & Sunday, October 21-22 @ IRC Fairgrounds • Saturday, 11:00 am -10:00 pm. Sunday, 11:00 am -5:00 pm. Cost $5 ➢ All ages! ➢ The biggest two-day party on the Treasure Coast! A celebration of Music, Friends, Food, Beer and the Human Spirit. ➢ Go to www.indianriver.gov/parksandrecreation or www.verobeachoctoberfest.com for information. JUST A BUNCH OF HOCUS POCUS PARTY Tuesday, October 24 @ Brackett Library • 6:00-7:00 pm. Free! ➢ Adults 18 & older. ➢ Join us for crafts, games, and snacks inspired by the classic Halloween favorite. This program is geared towards adults. ➢ Go to www.indianriver.gov/services/library or call 772-400-6366 for more information. MYTHOLOGY OF COWS Tuesday, October 24 @ Brackett Library • 10:00-11:00 am. Free! ➢ All ages! ➢ Join us for an interactive lecture with Dana Brown of the Indian River County Cattlewomen. ➢ Go to www.indianriver.eov/services/library or call 772-400-6366 for more information. HAUNTED HISTORY OF SEBASTIAN Thursday, October 26 @ North County Library • 2:00-3:00 pm. Free! ➢ Adults 18 & older. ➢ Interested in the haunted history of Sebastian? Come listen as Indian River Hauntings owner Larry Lawson gives us the spooky history of our town! ➢ Go to www.indianriver.gov/services/library or call 772-400-6360 for more information. 2ND ANNUAL MONSTER MASH Friday, October 27 @ iG Center • 5:30-8:30 pm. FREE ➢ Open to all ages! ➢ Enjoy an evening of spooky fun and games! Take part in the costume contest and take a trip down the haunted hall if you dare! ➢ Go to www.indianriver.gov/parksandrecreation for more information or call 772-226-1780. 8 TRUNK OR TREAT Friday, October 27 @ iG Center • 5:30-7:30 pm. FREE ➢ Open to all ages! ➢ Join us for Trunk or Treat or sign up to host a trunk! ➢ Go to www.indianriver.gov/parksandrecreation for more information or call 772-226-1780. 11TH ANNUAL BELLA NAGY, SR. MEMORIAL GOLF TOURNAMENT Saturday, October 28 @ Sandridge Golf Club • 8:00 am. Fee $80. Registration begins at 7:00 am. ➢ Proceeds benefit the IRGF-Bela Nagy, Sr. Foundation. ➢ The format will be 4 -person scramble. Entry includes tee gift, range balls, lunch and prizes. ➢ Go to https:/Iwww.sandridgegc.com/calendar/to register or call 772-770-5000 ext. 5. INTRO TO HANDGUN 101 -CONCEALED CARRY Sunday, October 29 @ IRC Shooting Range • 9:00 am -2:00 pm. Fee $100. ➢ Ages 21 & older. ➢ 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. ➢ For more information call 772-226-3091 or visit www.indianriver.gov/parksandrecreation. 100 MILE SWIMCLUB Daily @ North County and Gifford Aquatic Centers • All ages are welcome. ➢ Get started by setting a personal goal, whether you want to swim 5 miles or:500.. Sign up all yearlong by visiting our aquatics desk. Annual membership $10.00 for local tracking, (laps swam at North county or Gifford Aquatics pool) or 15.00 for Global tracking, (laps swam anywhere) valid January -December. - ➢ All participants reaching the 100 miles will receive a yearly certificate indicat hg the total miles swam. ➢ All participants will be invited to the end of the year potluck and recognition ceremony. ➢ Swimmer who swim 100 miles at North County and Gifford Aquatic Centers, within the year, 9 will receive an exclusive 100 Mile Swim Club T-shirt. - ➢ Sign up at either facility today and just keep swimming! - I ADULT OPEN GYM BASKETBALL Tuesday & Thursday @ iG Center • 9:00 am -2:00 pm. Cost $6. ➢ Adults 18 & older. ➢ Time where the gymnasium is available to adults to practice skills, shoot hoops, and play pick- up games. ➢ Call 772-226-1780 for more information. AQUAFIT Tuesday, Wednesday, Thursday, Year -Round @ North County Aquatic Center • 9:30-10:30 am. Cost $4 or you can purchase a punch card for $28.00 for 8 classes. ➢ All Ages. ➢ Move along to music as you perform instructor -guided moves designed to improve cardiovascular function, increase core strength, develop better, and burn calories. Let's make the water work for you. Flotation belts and water barbells are available at no charge. ➢ For more information, contact the North County Aquatic Center (772) 226-1752. BRIDGE CLASS Thursdays @ iG Center • 4-6:00 pm $3 ➢ Ages 15 & older. ➢ This informal Bridge Class is designed for beginner to intermediate players. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. COLORING & COFFEE Tuesday @ iG Center • 9-10:00 am. Cost $1. ➢ Ages 55 & older. ➢ Looking for a way to unwind and reduce stress? Join us for a morning of relaxation through. -- coloring. Materials provided. ➢ For more information call 772-226-1780. NEW!!! COUNTRY LINE DANCING Tuesdays@ iG Center • 6:30 pm. Cost $3. ➢ All ages! ➢ Join us for a fun evening of Country Line=Dancing! Instruction -and lessons provided:. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. Pre registration encouraged. { . ... i i . GENTLE CHAIR YOGA Monday, Tuesday & Thursday @ iG Center • Monday, 10:30-11:30 am, Tuesday and Thursday, 12-1:00 pm. Cost $5. ➢ All ages! ➢ Designed to improve flexibility and strengthen muscles while using a chair for support. Walk- ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. HOMESCHOOL PE Tuesday @ iG Center • 3-4:00 pm. Cost $3. Limited spots. ➢ Ages 4-10 years. ➢ A great chance for children to exercise and make new friends. Teaching children valuable life skills such s teamwork, fairness, and good sportsmanship. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. INTRODUCTION TO PHOTOJOURNALISM- NEW CLASS Wednesdays, @ iG Center • 5-6:00 pm Free! ➢ Ages 13-65 years. ➢ This class will guide learners in developing technical prowess and narrative intuition, combining foundational photography principles with insights and experiences from a celebrated photographer as they embark on their photojournalism journey. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. MAT PILATES Tuesday & Thursday @ iG Center • 9:15-10:15 am. Cost $12. ➢ All ages! ➢ Exercises are structured using special equipment designed to improve strength, flexibility, posture and enhance mental awareness. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. MAHJONG Tuesday and Thursday @ iG Center • Tuesday 10 am -1:00 pm and Thursday 1-3:30 pm. Cost $2. ➢ Ages 18 & older. ➢ Tile sets are provided as you play in groups of 3-4. Please bring your own Mahjong card. ➢ Go to www.indianriver.eov/parksandrecreation to register or call 772-226-1780. 11 OPEN PLAY PICKLEBALL Monday, Wednesday and Friday @ iG Center • 9:00 am -12:00 pm and 12:30 pm -3:30 pm. Cost $3. Saturdays @ iG Center • 9:00 am -12:00 pm. 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. PICKLEBALL CLASSES — WITH DEREK PRINCE Monday (Twice monthly, dates vary) @ iG Recreation Center. .......... ........ • 12:30-2:00 pm, $30 per class. ➢ Beginner Pickleball Levels I — III / Pickleball Doubles Strategy/ Intro to Pickleball ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. PRE-SCHOOL TUMBLING Friday @ iG Center • 10:15 am, 1:00 pm and 4:00 pm. Cost $3 pre -registered; $5 at the door. ➢ 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! ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. QI GONG Tuesday @ iG Center • 10:00-11:00 am. Cost $12. ➢ No special clothing or equipment required. Stand or Sit. Walk-ins welcome. ➢ Leave refreshed, relaxed and joyful. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. SENIOR WALKING CLUB • Tuesdays @ 8:30 am @ MLK, Jr. Walking Trail & Park. FREE! • Tuesdays @ 9:30 am @ Victor Hart Sr. Community Enhancement Complex. FREE ➢ Led by Certified Walk with Ease Instructor & Recreation Leader Sarah Eiswerth ➢ For more information call 772-226-1780 12 SENIOR WELLNESS PROGRAM WITH SANDY Monday, Wednesday and Friday @ iG Center • 10-11:00 am. 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. SENIOR WELLNESS — DANCING TO MUSIC Thursday @ iG Center • 10:30-11:30 am. 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. SHINE LIGHT WITH CRYSTAL Saturday @ iG Center • 9:30-10:30 am. 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. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. STRETCH & FLEX Monday, Tuesday and Thursday @ iG Center • Monday, 9:15-10:15 am, Tuesday & Thursday, 9:30-10:30 am. Cost $5. ➢ Great cardiovascular workout set to music. Helps build endurance and strengthens the heart. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. SWIM LESSONS Private swim lessons are available through the fall and winter. • Cost $80 per person, Scholarships available for those who qualify. ➢ The cost includes 4 -25 -minute lessons ➢ For information, call the North County Aquatic Center at772-226-1752 of the Gifford Aquatic Center at 772-226-1175 THURSDAY NIGHT LIGHTS Thursday @ IRC Shooting Range • 5-9:00 pm. 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. 13 UP BEAT BOXING Tuesday and Thursday @ iG Center • 3 pm -4:00 pm. FREE! ➢ Boxing fitness class geared forages 55 +. Held twice a week to get you out, active and UP- BEAT! Walk-ins welcome. ➢ For more information call 772-226-1780. VETERANS YOGA PROJECT — MINDFUL RESILIENCE Wednesday @ iG Center • 2:00 pm -3:00 pm. 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. YOGA LATES Tuesday and Thursday @ iG Center • 10:30 am -11:30 am. Cost $8. ➢ Mix between Yoga and Pilates. Walk-ins welcome. ➢ Go towww.indianriver.gov/parksandrecreation to register or call 772-226-1780. YOUTH OPEN GYM BASKETBALL Monday, Wednesday and Saturday @ iG Center • Monday and Wednesday, 4-8:30 pm, Saturday, 1-4 pm. Cost $2. ➢ Unstructured activity time where the gymnasium is available to Youths (17 and under) to practice skills, shoot hoops, and play pick-up games. ➢ Call 772-226-1780 for more information. Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: RYAN L. BUTLER, COMPTROLLER DATE: September 7, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 1, 2023 to September 7, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller Division, for the time period of September 1, 2023 to September 7, 2023. 15 TRANS NBR 440744 440745 440746 440747 440748 Grand Total: CHECKS WRITTEN DATE VENDOR 09/01/2023 CALIFORNIA STATE DISBURSEMENT UNIT 09/01/2023 AMERITAS 09/01/2023 COMMONWEALTH OF MASSACHUSETTS 09/01/2023 NORTH DAKOTA CHILD SUPPORT 09/01/2023 MIDLAND FUNDING, LLC AMOUNT 305.19 35,935.32 154.00 228.47 309.86 36,932.84 16 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902858 09/01/2023 GRACES LANDING LTD 647.00 902859 09/01/2023 CREATIVE CHOICE HOMES XVI LTD 1,386.00 902860 09/01/2023 FLORIDA POWER AND LIGHT 169.00 902861 09/01/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 411.00 902862 09/01/2023 PELICAN ISLES LP 657.00 902863 09/01/2023 LAZY J LLC 428.00 902864 09/01/2023 COALITION FOR ATTAINABLE HOMES INC 691.00 902865 09/01/2023 ORCHARD GROVE VENTURE LLC 5,359.00 902866 09/01/2023 SREIT LEXINGTON CLUB LLC 2,674.00 902867 09/01/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 298.00 902868 09/01/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 5,466.00 902869 09/01/2023 JACOURT LLC 3,781.00 902870 09/01/2023 BREVARD COUNTY HOUSING AUTHORITY 2,219.16 902871 09/01/2023 GRACES LANDING LTD 13,131.00 902872 09/01/2023 BETTY DAVIS SCROGGS 760.00 902873 09/01/2023 CREATIVE CHOICE HOMES XVI LTD 12,136.00 902874 09/01/2023 DAVID YORK 574.00 902875 09/01/2023 ST FRANCIS MANOR OF VERO BEACH 1,724.00 902876 09/01/2023 TREASURE COAST HOMELESS SERVICES 2,691.00 902877 09/01/2023 FLORIDA POWER AND LIGHT 145.00 902878 09/01/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,565.00 902879 09/01/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,917.00 902880 09/01/2023 THE PALMS AT VERO BEACH 25,516.00 902881 09/01/2023 DAVID CONDON 980.00 902882 09/01/2023 HILARY MCIVOR 175.00 902883 09/01/2023 PELICAN ISLES LP 10,794.00 902884 09/01/2023 SUNCOAST REALTY & RENTAL MGMT LLC 621.00 902885 09/01/2023 PAMELA R CUMMINGS 600.00 902886 09/01/2023 ADINAGOLDMAN-WALKER 1,139.00 902887 09/01/2023 INDIAN RIVER RDA LP 2,688.00 902888 09/01/2023 LAZY J LLC 2,612.00 902889 09/01/2023 SAID S MOOBARK 2,007.00 902890 09/01/2023 OSCEOLA COUNTY SECTION 8 1,086.16 902891 09/01/2023 YVONNE KOUTSOFIOS 180.00 902892 09/01/2023 BRIAN E GALLAGHER 722.00 902893 09/01/2023 JOHN T STANLEY 1,534.00 902894 09/01/2023 WEDGEWOOD RENTALS LLC 1,193.00 902895 09/01/2023 COALITION FOR ATTAINABLE HOMES INC 1,115.00 902896 09/01/2023 MYRIAM MELENDEZ 743.00 902897 09/01/2023 WATSON REALTY GROUP 2,402.00 902898 09/01/2023 SHER LLC 801.00 902899 09/01/2023 SUNQUESTAPRTMENTS LLC 788.00 902900 09/01/2023 ORCHARD GROVE VENTURE LLC 19,601.00 902901 09/01/2023 SREIT LEXINGTON CLUB LLC 32,767.00 902902 09/01/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 18,031.00 902903 09/01/2023 B4 TC PROPERTIES LLC 983.00 902904 09/01/2023 STREIT RIVER PARK PLACE LLC 19,442.00 902905 09/01/2023 EZAS INVESTMENTS LLC 949.00 902906 09/01/2023 DANIEL I PREUSS 577.00 902907 09/01/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 27,342.00 902908 09/01/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 5,913.00 902909 09/01/2023 JACOURT LLC 3,120.00 902910 09/01/2023 CHRISTINE HARVEY LAWRENCE 660.00 902911 09/01/2023 CENTER LAKE PROPERTY MANAGEMENT LLC 3,045.00 Grand Total: 252,955.32 1 17 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020930 09/01/2023 AT&T CORP 5.29 1020931 09/01/2023 AT&T CORP 1,631.19 1020932 09/01/2023 OFFICE DEPOT INC 1,565.07 1020933 09/01/2023 COMCAST 154.85 1020934 09/01/2023 WASTE MANAGEMENT INC OF FLORIDA 9,354.20 1020935 09/07/2023 AT&T CORP 12.66 1020936 09/07/2023 AT&T CORP 6.87 1020937 09/07/2023 AT&T CORP 971.00 1020938 09/07/2023 OFFICE DEPOT INC 2,565.60 1020939 09/07/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 500.00 1020940 09/07/2023 COMCAST 570.93 Grand Total: 17,337.66 1 18 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10769 09/01/2023 ST LUCIE BATTERY & TIRE CO 1,159.27 10770 09/01/2023 AMERICAN FAMILY LIFE ASSURANCE CO 14,067.12 10771 09/01/2023 CLERK OF CIRCUIT COURT 115,585.41 10772 09/01/2023 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 119,588.32 10773 09/01/2023 INDIAN RIVER COUNTY SHERIFF 5,367,129.15 10774 09/01/2023 IRC FIRE FIGHTERS ASSOC 11,156.64 10775 09/01/2023 MUTUAL OF OMAHA 20,806.96 10776 09/01/2023 TD BANK 11,996.73 10777 09/01/2023 FL RETIREMENT SYSTEM 1,123,302.32 10778 09/05/2023 FL SDU 2,977.36 10779 09/05/2023 IRS -PAYROLL TAXES 543,928.82 10780 09/05/2023 LINCOLN RETIREMENT 90,920.27 10781 09/05/2023 OPTUMHEALTH FINANCIAL SERVICES 110,288.74 10782 09/07/2023 CLERK OF CIRCUIT COURT 49,508.54 Grand Total: 7,582,415.65 1 19 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: RYAN L. BUTLER, COMPTROLLER DATE: September 14, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 8, 2023 to September 14, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller Division, for the time period of September 8, 2023 to September 14, 2023. 20 re 6 rAXIM11,11111CRI TRANS NBR DATE VENDOR AMOUNT 440749 09/08/2023 FLORIDA DEPARTMENT OF STATE 90.00 440750 09/08/2023 PATRICK TRAMEL 19.00 440751 09/08/2023 ROBERT TOBAR 63.77 440752 09/08/2023 ATKINS NORTH AMERICA INC 25,725.27 440753 09/08/2023 INTERNATIONAL GOLF MAINTENANCE INC 111,444.25 440754 09/08/2023 ATLANTIC ROOFING H OF VERO BEACH INC 20,007.10 440755 09/08/2023 SOUTHERN MANAGEMENT LLC 178.00 440756 09/08/2023 ANFIELD CONSULTING GROUP INC 10,000.00 440757 09/08/2023 ANDERSEN ANDRE CONSULTING ENGINEERS INC 5,063.00 440758 09/08/2023 TETRA TECH INC 23,864.55 440759 09/08/2023 CONSOR ENGINEERS LLC 121,092.04 440760 09/08/2023 J -MAC CLEANING SERVICES INC 5,591.66 440761 09/08/2023 INDIAN RIVER SUSTAINABILITY CENTER LLC 87,051.44 440762 09/08/2023 COMMANDLINK LLC 3,460.80 440763 09/08/2023 KATE PRIEST LCSW LLC 5,000.00 440764 09/08/2023 AT&T WIRELESS 934.04 440765 09/08/2023 WILD LAND ENTERPRISES INC 18.00 440766 09/08/2023 INDIAN RIVER COUNTY UTILITIES 300.00 440767 09/08/2023 ACUSHNET COMPANY 39.84 440768 09/08/2023 FEDERAL EXPRESS CORP 19.40 440769 09/08/2023 FEDERAL EXPRESS CORP 82.00 440770 09/08/2023 FLORIDA POWER AND LIGHT 3,905.68 440771 09/08/2023 FLORIDA POWER AND LIGHT 3,617.51 440772 09/08/2023 STATE ATTORNEY 15,761.74 440773 09/08/2023 CELICO PARTNERSHIP 1,203.16 440774 09/08/2023 VEROTOWN LLC 500.00 440775 09/08/2023 NICHOLAS RAMOS 77.03 440776 09/08/2023 DESK SPINCO INC 186.39 440777 09/08/2023 PROSPORT BOOSTERS CORP 500.00 440778 09/08/2023 PIVOTAL UTILITY HOLDINGS INC 19,386.28 440779 09/08/2023 UTIL REFUNDS 100.00 440780 09/08/2023 UTIL REFUNDS 27.08 440781 09/08/2023 PORT CONSOLIDATED INC 5,416.00 440782 09/08/2023 SUNCOAST WELDING SUPPLIES INC 153.90 440783 09/08/2023 COMMUNICATIONS INTERNATIONAL 4,079.00 440784 09/08/2023 SSES INC 2,390.00 440785 09/08/2023 TEN -8 FIRE EQUIPMENT INC 16,403.24 440786 09/08/2023 RANGER CONSTRUCTION IND INC 813.12 440787 09/08/2023 VERO CHEMICAL DISTRIBUTORS INC 142.45 440788 09/08/2023 DATA FLOW SYSTEMS INC 3,508.00 440789 09/08/2023 E -Z BREW COFFEE & BOTTLE WATER SVC 182.00 440790 09/08/2023 INDIAN RIVER BATTERY 738.40 440791 09/08/2023 GRAINGER 5,199.51 440792 09/08/2023 KELLY TRACTOR CO 4,553.80 440793 09/08/2023 SAFETY KLEEN SYSTEMS INC 703.68 440794 09/08/2023 GRAYBAR ELECTRIC CO INC 91.08 440795 09/08/2023 APPLE INDUSTRIAL SUPPLY CO 15.72 440796 09/08/2023 HACH CO 10,265.00 440797 09/08/2023 CLIFF BERRY INC 535.15 440798 09/08/2023 MEEKS PLUMBING INC 125.60 440799 09/08/2023 TIRESOLES OF BROWARD INC 5,610.18 440800 09/08/2023 ABCO GARAGE DOOR CO INC 1,073.50 440801 09/08/2023 DELL MARKETING LP 43,439.68 440802 09/08/2023 MIDWEST TAPE LLC 1,134.65 440803 09/08/2023 ODYSSEY MANUFACTURING CO 5,250.00 440804 09/08/2023 ATKINS NORTH AMERICA INC 660.00 1 21 TRANS NBR DATE VENDOR AMOUNT 440805 09/08/2023 CENGAGE LEARNING INC 888.42 440806 09/08/2023 GO COASTAL INC 759.20 440807 09/08/2023 COMMUNITY ASPHALT CORP 544.00 440808 09/08/2023 CITY OF VERO BEACH 24,700.74 440809 09/08/2023 INDIAN RIVER ALL FAB INC 239.60 440810 09/08/2023 HOME DEPOT USA INC 1,468.48 440811 09/08/2023 JANITORIAL DEPOT OF AMERICA INC 206.70 440812 09/08/2023 FLORIDA DEPT OF AGRICULTURE AND 365.00 440813 09/08/2023 ACUSHNET COMPANY 2,504.72 440814 09/08/2023 FEDERAL EXPRESS CORP. 122.38 440815 09/08/2023 COMO OIL COMPANY OF FLORIDA 40.00 440816 09/08/2023 FLORIDA POWER AND LIGHT 21,360.16 440817 09/08/2023 FLORIDA POWER AND LIGHT 42,174.24 440818 09/08/2023 GLOBAL GOLF SALES INC 301.21 440819 09/08/2023 UNIVERSITY OF FLORIDA 925.00 440820 09/08/2023 NEXTRAN CORPORATION 188.31 440821 09/08/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 650.00 440822 09/08/2023 BRIDGESTONE AMERICAS INC 1,056.59 440823 09/08/2023 RECHTIEN INTERNATIONAL TRUCKS 239.25 440824 09/08/2023 HULETT ENVIRONMENTAL SERVICES 15.00 440825 09/08/2023 HULETT ENVIRONMENTAL SERVICES 167.50 440826 09/08/2023 CINTAS CORPORATION NO 2 147.25 440827 09/08/2023 THE SHERWIN WILLIAMS CO 142.63 440828 09/08/2023 SOUTHERN JANITOR SUPPLY INC 1,004.29 440829 09/08/2023 GLOVER OIL COMPANY INC 106,774.67 440830 09/08/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 85.71 440831 09/08/2023 JOHNNY B SMITH 175.00 440832 09/08/2023 PETER J CASSARA 2,800.00 440833 09/08/2023 VATLAND IMPORTS INC 93.24 440834 09/08/2023 TREASURE COAST FOOD BANK INC 381.83 440835 09/08/2023 MARINCO BIOASSAY LABORATORY INC 3,720.00 440836 09/08/2023 YOUTH GUIDANCE DONATION FUND OF IRC INC 4,625.92 440837 09/08/2023 NICOLACE MARKETING INC 1,140.80 440838 09/08/2023 FLORIDA COAST EQUIPMENT INC 924.24 440839 09/08/2023 OVERDRIVE INC 3,525.55 440840 09/08/2023 XYLEM WATER SOLUTION USA INC 1,840.00 440841 09/08/2023 MHC OPERATING LIMITED PARTNERSHIP 500.00 440842 09/08/2023 WILD 'TURKEY ESTATES OF VERO LLC 159.75 440843 09/08/2023 CARDINAL HEALTH 110 INC 1,064.40 440844 09/08/2023 MUNICIPAL EMERGENCY SERVICES INC 21,535.40 440845 09/08/2023 BURNETT LIME CO INC 7,576.24 440846 09/08/2023 PENGUIN RANDOM HOUSE LLC 337.46 440847 09/08/2023 STEWART & STEVENSON FDDA LLC 554.20 440848 09/08/2023 STS MAINTAIN SERVICES INC 16,936.66 440849 09/08/2023 MASCHMEYER CONCRETE COMPANY OF FLORIDA 869.02 440850 09/08/2023 MICHAEL EDWARD HAMILTON 300.00 440851 09/08/2023 A GREAT FENCE LLC 8,190.00 440852 09/08/2023 SCHUMACHER AUTOMOTIVE DELRAY LLC 302.40 440853 09/08/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 160.93 440854 09/08/2023 FLORIDA EAST COAST HOLDINGS CORP 8,371.00 440855 09/08/2023 EASTERN PIPELINE CONSTRUCTION INC 8,875.00 440856 09/08/2023 CDW LLC 122.42 440857 09/08/2023 MATHESON TRI -GAS INC 10,050.39 440858 09/08/2023 UNITED AGAINST POVERTY INC 11,960.00 440859 09/08/2023 LJB EQUIPMENT SALES INC 2,411.52 440860 09/08/2023 COLE AUTO SUPPLY INC 6,084.07 440861 09/08/2023 KREMEDY LLC 3,500.00 440862 09/08/2023 KONICA MINOLTA BUSINESS SOLUTIONS 510.52 440863 09/08/2023 DAY DREAMS UNIFORMS INC 54.30 2 22 TRANS NBR DATE VENDOR AMOUNT 440864 09/08/2023 FLORIDA BULB & BALLAST INC 8,630.90 440865 09/08/2023 CORE & MAIN LP 40,753.14 440866 09/08/2023 BROWNELLS INC 347.60 440867 09/08/2023 WOERNER AGRIBUSINESS LLC 432.00 440868 09/08/2023 DIRECTV GROUP INC 87.99 440869 09/08/2023 RESCUE TRAINING ASSOCIATES INC 2,250.00 440870 09/08/2023 HINTERLAND GROUP INC 107,531.73 440871 09/08/2023 AMAZON CAPITAL SERVICES INC 3,982.63 440872 09/08/2023 PACE ANALYTICAL SERVICES LLC 7,439.29 440873 09/08/2023 AMERIGAS PROPANE LP 559.79 440874 09/08/2023 THE HOPE FOR FAMILIES CENTER INC 3,549.61 440875 09/08/2023 JORDAN POWER EQUIPMENT CORP 1,040.22 440876 09/08/2023 CK CONTRACTORS & DEVELOPMENT LLC 68,935.30 440877 09/08/2023 MULLINAX FORD OF VERO BEACH 729.94 440878 09/08/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 434.89 440879 09/08/2023 SUNBELT HYDRAULIC & EQUIPMENT INC 488.90 440880 09/08/2023 FERGUSON US HOLDINGS INC 1,950.00 440881 09/08/2023 BLUE GOOSE CONSTRUCTION LLC 9,953.81 440882 09/08/2023 LOWES COMPANIES INC 2,281.95 440883 09/08/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 226.30 440884 09/08/2023 MILLENNIUM CREMATORY LLC 750.00 440885 09/08/2023 GOOD SPORTSMAN MARKETING LLC 2,055.23 440886 09/08/2023 TOTAL GOLF CART LLC 1,360.00 440887 09/08/2023 ROBERT A HUDSON 125.00 440888 09/08/2023 THEODORE SEMI 200.00 440889 09/08/2023 BRITTON INDUSTRIES INC 24.08 440890 09/08/2023 CW ROBERTS CONTRACTING INC 172,683.20 440891 09/08/2023 TRAILHEAD LABS INC 2,500.00 440892 09/08/2023 LAWRENCE F WALLIN 75.00 440893 09/08/2023 HIREQUEST LLC 11,466.48 440894 09/08/2023 PETERBILT STORE SOUTH FLORIDA LLC 2,713.00 440895 09/08/2023 PETERBILT STORE SOUTH FLORIDA LLC 198.31 440896 09/08/2023 CER SIGNATURE CLEANING LLC 2,900.00 440897 09/08/2023 MARUBENI AMERICA CORPORATION 4,994.48 440898 09/08/2023 GOMEZ BROTHERS CONTRACT SERVICES 3,534.00 440899 09/08/2023 SHRIEVE CHEMICAL CO LLC 3,828.22 440900 09/08/2023 BTAC HOLDING CORP 4,455.39 440901 09/08/2023 SEVEN ISLES CAPITAL 300.00 440902 09/08/2023 SCOTT SEELEY 75.00 440903 09/08/2023 RONALD MARASCO SR 220.00 440904 09/08/2023 TAYLOR NELSON AUXIER 70.00 440905 09/08/2023 GARDNER DENVER INC 1,223.98 440906 09/08/2023 FLEETPRIDE INC 19.07 440907 09/08/2023 JORDAN PARKER 145.00 440908 09/08/2023 EUROFINS ENVIRONMENT TESTING AMERICA HOLDIT 14,599.00 440909 09/08/2023 GIS WORKSHOP LLC 250.00 440910 09/08/2023 JOHN DIGIACOMO 75.00 440911 09/08/2023 TECHSMITH CORPORATION 52.09 440912 09/08/2023 BATES AIR & HEAT LLC 1,366.31 440913 09/08/2023 LF STAFFING SERVICES INC 816.00 440914 09/08/2023 GEARFACE LLC 200.00 440915 09/08/2023 TECHNICAL MAINTENANCE INC 550.00 440916 09/08/2023 FOUNDATIONS WELLNESS CENTER LLC 15,150.00 440917 09/08/2023 EMS TECHNOLOGY SOLUTIONS LLC 1,505.00 440918 09/08/2023 TRANSGATE RECOVERY SOLUTIONS LLC 1,050.00 440919 09/08/2023 CYNTHIA WOLD 75.00 440920 09/14/2023 UTIL REFUNDS 79.05 440921 09/14/2023 UTIL REFUNDS 42.56 440922 09/14/2023 UTIL REFUNDS 91.61 3 23 TRANS NBR DATE VENDOR AMOUNT 440923 09/14/2023 UTIL REFUNDS 72.61 440924 09/14/2023 UTIL REFUNDS 44.07 440925 09/14/2023 UTIL REFUNDS 78.45 440926 09/14/2023 UTIL REFUNDS 13.08 440927 09/14/2023 UTIL REFUNDS 121.37 440928 09/14/2023 UTIL REFUNDS 19.29 440929 09/14/2023 UTIL REFUNDS 514.92 440930 09/14/2023 UTIL REFUNDS 60.77 440931 09/14/2023 UTIL REFUNDS 96.40 440932 09/14/2023 UTIL REFUNDS 15.30 440933 09/14/2023 UTIL REFUNDS 9.79 440934 09/14/2023 UTIL REFUNDS 83.40 440935 09/14/2023 UTIL REFUNDS 39.52 440936 09/14/2023 UTIL REFUNDS 132.41 440937 09/14/2023 UTIL REFUNDS 72.67 440938 09/14/2023 UTIL REFUNDS 82.40 440939 09/14/2023 UTIL REFUNDS 19.16 440940 09/14/2023 UTIL REFUNDS 45.34 440941 09/14/2023 UTIL REFUNDS 7.73 440942 09/14/2023 UTIL REFUNDS 34.98 440943 09/14/2023 UTIL REFUNDS 33.82 440944 09/14/2023 UTIL REFUNDS 40.07 440945 09/14/2023 UTIL REFUNDS 594.08 440946 09/14/2023 UTIL REFUNDS 34.55 440947 09/14/2023 UTIL REFUNDS 2.74 440948 09/14/2023 UTIL REFUNDS 64.22 440949 09/14/2023 UTIL REFUNDS 189.00 440950 09/14/2023 UTIL REFUNDS 26.12 440951 09/14/2023 UTIL REFUNDS 79.27 440952 09/14/2023 UTIL REFUNDS 52.95 440953 09/14/2023 UTIL REFUNDS 38.90 440954 09/14/2023 UTIL REFUNDS 25.15 440955 09/14/2023 UTIL REFUNDS 84.49 440956 09/14/2023 UTIL REFUNDS 85.78 440957 09/14/2023 UTIL REFUNDS 63.88 440958 09/14/2023 UTIL REFUNDS 70.83 440959 09/14/2023 UTIL REFUNDS 75.34 440960 09/14/2023 UTIL REFUNDS 70.23 440961 09/14/2023 UTIL REFUNDS 49.67 440962 09/14/2023 UTIL REFUNDS 213.71 440963 09/14/2023 UTIL REFUNDS 43.85 440964 09/14/2023 UTIL REFUNDS 13.35 440965 09/14/2023 UTIL REFUNDS 50.48 440966 09/14/2023 UTIL REFUNDS 156.70 440967 09/14/2023 FLORIDA SHORE & BEACH PRESERVATION 450.00 440968 09/14/2023 FLORIDA SHORE & BEACH PRESERVATION 450.00 440969 09/14/2023 SHELLEYNOWLIN 20.29 440970 09/14/2023 MICHAEL ZITO 339.80 440971 09/14/2023 NICHOLAS CASALINA 193.68 440972 09/14/2023 PAIGE LESTER 106.62 440973 09/14/2023 MICHAEL LOVEDAY 375.00 440974 09/14/2023 LESLIE N MUNROE 910.26 440975 09/14/2023 EMERGENCY VEHICLE TECHNICIAN 140.00 440976 09/14/2023 EMERGENCY VEHICLE TECHNICIAN 60.00 440977 09/14/2023 EMERGENCY VEHICLE TECHNICIAN 60.00 440978 09/14/2023 SHELBY BALL 13.04 440979 09/14/2023 EMERGENCY VEHICLE TECHNICAL SUPPORT INC 375.00 440980 09/14/2023 EMERGENCY VEHICLE TECHNICAL SUPPORT INC 375.00 440981 09/14/2023 CYNTHIA STANTON 79.39 4 24 TRANS NBR DATE VENDOR AMOUNT 440982 09/14/2023 JORDAN MONTEROSSO 18.29 440983 09/14/2023 KODY MOTT 150.00 440984 09/14/2023 TREASURE COAST HUMAN RESOURCE ASSOCIATION 30.00 440985 09/14/2023 TREASURE COAST HUMAN RESOURCE ASSOCIATION 30.00 440986 09/14/2023 PROFESSIONAL DEVELOPMENT ACADEMY LLC 500.00 440987 09/14/2023 JOSE SALINAS 75.00 440988 09/14/2023 TIMOTHYADRIANCE 75.00 440989 09/14/2023 COMMUNICATIONS INTERNATIONAL 29,962.11 440990 09/14/2023 EDLUND DRITENBAS BINKLEY ARCHITECTS 11,975.00 440991 09/14/2023 INTERNATIONAL GOLF MAINTENANCE INC 2,970.00 440992 09/14/2023 GEOSYNTEC CONSULTANTS INC 57,998.26 440993 09/14/2023 WASTE MANAGEMENT INC 213,704.79 440994 09/14/2023 MBV ENGINEERING INC 4,155.00 440995 09/14/2023 SOUTHERN MANAGEMENT LLC 11,793.60 440996 09/14/2023 ANDERSEN ANDRE CONSULTING ENGINEERS INC 1,964.00 440997 09/14/2023 INDIAN RIVER SUSTAINABILITY CENTER LLC 86,263.69 440998 09/14/2023 RICOH USA INC 172.36 440999 09/14/2023 AT&T WIRELESS 938.99 441000 09/14/2023 AT&T WIRELESS 157.26 441001 09/14/2023 AT&T WIRELESS 217.01 441002 09/14/2023 AT&T WIRELESS 821.65 441003 09/14/2023 INDIAN RIVER COUNTY UTILITIES 121.73 441004 09/14/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 367.36 441005 09/14/2023 MARONDA HOMES INC OF FLORIDA 75.00 441006 09/14/2023 CELICO PARTNERSHIP 5,257.60 441007 09/14/2023 FLORIDA RURAL LEGAL SERVICES INC 2,459.59 441008 09/14/2023 NAPIER & ROLLIN PLLC 1,650.00 441009 09/14/2023 CANARX GROUP INC 5,186.30 441010 09/14/2023 KODY MOTT 100.00 441011 09/14/2023 ISLAND HARBOR CUSTOM BUILDERS 100.00 441012 09/14/2023 JEROME LESTER 50.00 441013 09/14/2023 JOSE SALINAS 50.00 441014 09/14/2023 TIMOTHY ADRIANCE 50.00 441015 09/14/2023 SUSAN RANG 150.01 441016 09/14/2023 DENISE COTTON 180.00 441017 09/14/2023 UTIL REFUNDS 15.95 441018 09/14/2023 PORT CONSOLIDATED INC 6,969.92 441019 09/14/2023 SUNCOAST WELDING SUPPLIES INC 166.10 441020 09/14/2023 SSES INC 13,870.04 441021 09/14/2023 RANGER CONSTRUCTION IND INC 1,063.92 441022 09/14/2023 VERO CHEMICAL DISTRIBUTORS INC 4,130.20 441023 09/14/2023 PALMDALE OIL COMPANY INC 11,764.12 441024 09/14/2023 SAFETY PRODUCTS INC 173.22 441025 09/14/2023 DATA FLOW SYSTEMS INC 2,734.52 441026 09/14/2023 INDIAN RIVER BATTERY 1,488.20 441027 09/14/2023 GRAINGER 21,532.06 441028 09/14/2023 KELLY TRACTOR CO 1,349.32 441029 09/14/2023 GRAYBAR ELECTRIC CO INC 2,319.18 441030 09/14/2023 APPLE INDUSTRIAL SUPPLY CO 3,001.48 441031 09/14/2023 WILD LAND ENTERPRISES INC 283.68 441032 09/14/2023 HACH CO 6,318.00 441033 09/14/2023 CLIFF BERRY INC 588.45 441034 09/14/2023 AVERY DENNISON CORPORATION 3,060.08 441035 09/14/2023 MARINE RESCUE PRODUCTS INC 1,983.00 441036 09/14/2023 MEEKS PLUMBING INC 1,241.20 441037 09/14/2023 BOUND TREE MEDICAL LLC 629.40 441038 09/14/2023 BRISTER SIGNS INC 960.00 441039 09/14/2023 TIRESOLES OF BROWARD INC 2,297.00 441040 09/14/2023 CHILDCARE RESOURCES OF IRC INC 829.61 5 25 TRANS NBR DATE VENDOR AMOUNT 441041 09/14/2023 NEWMANS POWER SYSTEMS 970.78 441042 09/14/2023 DELL MARKETING LP 10,104.00 441043 09/14/2023 BARNEYS PUMP INC 2,000.00 441044 09/14/2023 ODYSSEY MANUFACTURING CO 26,142.90 441045 09/14/2023 SUNSHINE REHABILATION CENTER OF IRC INC 1,980.00 441046 09/14/2023 CREATIVE CHOICE HOMES XVI LTD 450.00 441047 09/14/2023 PING INC 135.45 441048 09/14/2023 CLERK OF CIRCUIT COURT 36.20 441049 09/14/2023 INDIAN RIVER COUNTY HEALTH DEPT 240.00 441050 09/14/2023 CITY OF VERO BEACH 1,285.24 441051 09/14/2023 HOME DEPOT USA INC 1,557.54 441052 09/14/2023 JANITORIAL DEPOT OF AMERICA INC 330.09 441053 09/14/2023 ACUSHNET COMPANY 453.57 441054 09/14/2023 FEDERAL EXPRESS CORP 126.13 441055 09/14/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 734.08 441056 09/14/2023 TYLER TECHNOLOGIES INC 70.62 441057 09/14/2023 COMO OIL COMPANY OF FLORIDA 779.19 441058 09/14/2023 CALLAWAY GOLF SALES COMPANY 244.46 441059 09/14/2023 FLORIDA POWER AND LIGHT 72,241.61 441060 09/14/2023 FLORIDA POWER AND LIGHT 13,340.77 441061 09/14/2023 CITY OF FELLSMERE 303.88 441062 09/14/2023 PEACE RIVER ELECTRIC COOP INC 203.06 441063 09/14/2023 COMPLETE ELECTRIC INC 4,922.50 441064 09/14/2023 GOULD COOKSEY FENNEL PA 125,000.00 441065 09/14/2023 TREASURE COAST SPORTS COMMISSION INC 645.00 441066 09/14/2023 L WALTON ELECTRIC INC 1,565.00 441067 09/14/2023 NIGP 49.00 441068 09/14/2023 SYMBIONT SERVICE CORP 179.95 441069 09/14/2023 BRIDGESTONE AMERICAS INC 1,386.50 441070 09/14/2023 MIDWEST MOTOR SUPPLY CO 299.63 441071 09/14/2023 THE PALMS AT VERO BEACH 625.00 441072 09/14/2023 TRANE US INC 2,862.36 441073 09/14/2023 HULETT ENVIRONMENTAL SERVICES 18.00 441074 09/14/2023 CINTAS CORPORATION NO 2 137.17 441075 09/14/2023 BIG BROTHERS AND BIG SISTERS 1,250.00 441076 09/14/2023 BIG BROTHERS AND BIG SISTERS 8,099.20 441077 09/14/2023 SOUTHERN JANITOR SUPPLY INC 101.96 441078 09/14/2023 JACKS COMPLETE TREE SERVICE INC 1,200.00 441079 09/14/2023 GLOVER OIL COMPANY INC 54,631.35 441080 09/14/2023 ORCHID ISLAND PROPERTY MGMT II INC 5,500.00 441081 09/14/2023 AMERICAN WATER WORKS ASSOCIATION 266.00 441082 09/14/2023 1 ST FIRE & SECURITY INC 767.64 441083 09/14/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 998.45 441084 09/14/2023 JOHNNY B SMITH 50.00 441085 09/14/2023 CEMEX INC 1,099.14 441086 09/14/2023 REDLANDS CHRISTIAN MIGRANT ASSOC 9,699.53 441087 09/14/2023 PETER J CASSARA 2,250.00 441088 09/14/2023 AFFORDABLE WATER & COFFEE SVC 922.50 441089 09/14/2023 MAUI RIPPERS INC 1,026.62 441090 09/14/2023 PATRICIA K CALAHAN 113.88 441091 09/14/2023 RANGE SERVANT AMERICA INC 112.79 441092 09/14/2023 PROMATIC INC 96.57 441093 09/14/2023 VERO BEACH PARTNERSHIP 400.00 441094 09/14/2023 ALAN JAY CHEVROLET CADILLAC 25,436.00 441095 09/14/2023 BURNETT LIME CO INC 7,577.90 441096 09/14/2023 CHEMTRADE CHEMICALS CORPORTATION 9,119.00 441097 09/14/2023 STS MAINTAIN SERVICES INC 11,696.14 441098 09/14/2023 COBRA GOLF INCORPORATED 2,329.44 441099 09/14/2023 SYLVIA MILLER 1,659.00 6 26 TRANS NBR DATE VENDOR AMOUNT 441100 09/14/2023 CATHEDRAL CORPORATION 2,727.05 441101 09/14/2023 H&H SHADOWBROOK LLC 500.00 441102 09/14/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 864.19 441103 09/14/2023 GOTTA GO GREEN ENTERPISES INC 190.83 441104 09/14/2023 BARSALOU VENTURES LLC 47.88 441105 09/14/2023 ADVANCE STORES COMPANY INCORPORATED 251.12 441106 09/14/2023 MATHESON TRI-GAS INC 9,844.22 441107 09/14/2023 WILLIS SPORTS ASSOCIATION INC 12,474.90 441108 09/14/2023 COLE AUTO SUPPLY INC 2,057.63 441109 09/14/2023 RHOADES AIR & BEAT 295.00 441110 09/14/2023 BETH NOLAN 300.00 441111 09/14/2023 BEST CHOICE PROFESSIONAL CLEANING LLC 975.00 441112 09/14/2023 RECYCLING ROCKS LLC 1,500.00 441113 09/14/2023 RELX INC 426.40 441114 09/14/2023 NESTLE WATERS NORTH AMERICA 782.44 441115 09/14/2023 JOSEPH ELLIOTT USA LLC 427.53 441116 09/14/2023 CORE & MAIN LP 23,010.53 441117 09/14/2023 BROWNELLS INC 3,993.84 441118 09/14/2023 WOERNER AGRIBUSINESS LLC 432.00 441119 09/14/2023 REXEL USA INC 2,602.44 441120 09/14/2023 ENGINEERED SERVICES INC 1,257.00 441121 09/14/2023 AMAZON CAPITAL SERVICES INC 12,312.80 441122 09/14/2023 TREASURE COAST PLUMBING LLC 265.00 441123 09/14/2023 PACE ANALYTICAL SERVICES LLC 226.80 441124 09/14/2023 PACE ANALYTICAL SERVICES LLC 15.23 441125 09/14/2023 AMERIGAS PROPANE LP 1,419.40 441126 09/14/2023 METROPOLITAN COMMUNICATION SERVICES INC 590.25 441127 09/14/2023 JORDAN POWER EQUIPMENT CORP 3,568.29 441128 09/14/2023 DERECK R PRINCE 195.00 441129 09/14/2023 JUDITH A BURLEY 518.50 441130 09/14/2023 R&S RADIO LLC 400.00 441131 09/14/2023 GASPAR BODY & PAINT INC 12,313.12 441132 09/14/2023 EFLASH NEWSLETTERS LLC 150.00 441133 09/14/2023 ECONOLITE SYSTEMS INC 24,400.00 441134 09/14/2023 BLUE GOOSE CONSTRUCTION LLC 423.45 441135 09/14/2023 STAPLES INC 1,037.48 441136 09/14/2023 LOWES COMPANIES INC 3,610.94 441137 09/14/2023 SMI TRADING LLC 28.86 441138 09/14/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 163.55 441139 09/14/2023 TAGMARSHAL INTERNATIONAL LIMITED 2,019.20 441140 09/14/2023 MILLENNIUM CREMATORY LLC 750.00 441141 09/14/2023 PLAYCORE WISCONSIN INC 7,809.66 441142 09/14/2023 CONTROL TECHNOLOGIES INC 2,104.20 441143 09/14/2023 ROBERT A HUDSON 50.00 441144 09/14/2023 SREIT LEXINGTON CLUB LLC 500.00 441145 09/14/2023 COASTAL DOORS LLC 1,200.00 441146 09/14/2023 HIREQUEST LLC 6,134.79 441147 09/14/2023 PETERBILT STORE SOUTH FLORIDA LLC 659.48 441148 09/14/2023 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 441149 09/14/2023 DOBBS EQUIPMENT LLC 237.98 441150 09/14/2023 WESTERN OILFIELDS SUPPLY COMPANY 6,616.38 441151 09/14/2023 M R & SONS INC 196.26 441152 09/14/2023 GOMEZ BROTHERS CONTRACT SERVICES 430.00 441153 09/14/2023 ALOE CARE INTERNATIONAL LLC 1,432.30 441154 09/14/2023 SHRIEVE CHEMICAL CO LLC 3,954.14 441155 09/14/2023 BTAC HOLDING CORP 4,747.55 441156 09/14/2023 FS.COM INC 829.50 441157 09/14/2023 CRYSTAL MCANELLY DIVERS 130.00 441158 09/14/2023 TARKETT USA INC 5,426.56 7 27 TRANS NBR DATE VENDOR AMOUNT 441159 09/14/2023 SEVEN ISLES CAPITAL 1,350.00 441160 09/14/2023 COFFEY BROTHERS INC 1,946.46 441161 09/14/2023 RONALD MARASCO SR 70.00 441162 09/14/2023 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 441163 09/14/2023 JEFFERYHOGUES 6,100.00 441164 09/14/2023 KERNER LLC 8,250.00 441165 09/14/2023 PREMIER NURSERIES LLC 3,655.00 441166 09/14/2023 ISO CLAIMS SERVICES INC 753.30 441167 09/14/2023 EMPIRE PIPE & SUPPLY COMPANY INC 34,059.15 441168 09/14/2023 JORDAN PARKER 75.00 441169 09/14/2023 VETERINARY MEDICAL CENTER OF IRC INC 500.00 441170 09/14/2023 SUBSTANCE ABUSE COUNCIL OF IRC 17,852.74 441171 09/14/2023 SUBSTANCE ABUSE COUNCIL OF IRC 14,294.45 441172 09/14/2023 JOHN DIGIACOMO 50.00 441173 09/14/2023 LF STAFFING SERVICES INC 743.96 441174 09/14/2023 LF STAFFING SERVICES INC 816.00 441175 09/14/2023 OPENGOV INC 82,782.52 441176 09/14/2023 GEARFACE LLC 180.00 441177 09/14/2023 ARAMSCO, INC. 15,010.00 441178 09/14/2023 KATHERINE L NALL 30.00 441179 09/14/2023 SMART SOURCE LLC 591.84 441180 09/14/2023 BIBLE WAY CHURCH OF CHRIST 700.00 441181 09/14/2023 EXCAL VISUAL INC 265.25 441182 09/14/2023 CYNTHIA WOLD 95.00 Grand Total: 2,751,743.35 8 28 TRANS NBR DATE 902912 09/08/2023 902913 09/08/2023 902914 09/14/2023 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN VENDOR NAN MCKAY AND ASSOCIATES INC NAN MCKAY AND ASSOCIATES INC FORT PIERCE HOUSING AUTHORITY AMOUNT 239.00 892.50 864.38 1,995.88 29 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020941 09/08/2023 PARKS RENTAL & SALES INC 145.18 1020942 09/08/2023 INDIAN RIVER OXYGEN INC 116.25 1020943 09/08/2023 MIKES GARAGE & WRECKER SERVICE INC 380.00 1020944 09/08/2023 GALLS LLC 541.61 1020945 09/08/2023 IRRIGATION CONSULTANTS UNLIMITED INC 121.14 1020946 09/08/2023 GROVE WELDERS INC 1,463.19 1020947 09/08/2023 WIGINTON CORPORATION 494.00 1020948 09/08/2023 COMPLETE RESTAURANT EQUIPMENT LLC 281.25 1020949 09/08/2023 TOTAL TRUCK PARTS INC 3,169.17 1020950 09/08/2023 BARKER ELECTRIC, AIR CONDITIONING 12,950.00 1020951 09/08/2023 STRYKER SALES CORP 11,585.20 1020952 09/08/2023 AUTO PARTNERS LLC 213.04 1020953 09/08/2023 UNIFIRST CORPORATION 3.51 1020954 09/08/2023 UNIFIRST CORPORATION 1,979.67 1020955 09/08/2023 EFE INC 4,577.30 1020956 09/11/2023 WASTE MANAGEMENT INC OF FLORIDA 1,774.50 1020957 09/13/2023 OFFICE DEPOT INC 1,860.49 1020958 09/13/2023 COMCAST 150.00 1020959 09/14/2023 PARKS RENTAL & SALES INC 584.92 1020960 09/14/2023 INDIAN RIVER OXYGEN INC 103.75 1020961 09/14/2023 RING POWER CORPORATION 4,387.28 1020962 09/14/2023 GALLS LLC 404.48 1020963 09/14/2023 IRRIGATION CONSULTANTS UNLIMITED INC 146.78 1020964 09/14/2023 GROVE WELDERS INC 35.00 1020965 09/14/2023 WIGINTON CORPORATION 6,042.00 1020966 09/14/2023 COMPLETE RESTAURANT EQUIPMENT LLC 1,909.32 1020967 09/14/2023 COMMERCIAL ENERGY SPECIALISTS 1,491.77 1020968 09/14/2023 STRYKER SALES CORP 93,140.50 1020969 09/14/2023 RADWELL INTERNATIONAL INC 482.12 1020970 09/14/2023 WRIGHT FASTENER COMPANY LLC 98.00 1020971 09/14/2023 UNIFIRST CORPORATION 2,372.73 1020972 09/14/2023 GUARDIAN ALARM OF FLORIDA LLC 210.00 1020973 09/14/2023 NEXAIR LLC 40.65 1020974 09/14/2023 EFE INC 4,554.11 1020975 09/14/2023 CARLON INC 610.50 1020976 09/14/2023 FIRST HOSPITAL LABORATORIES INC 245.00 1020977 09/14/2023 HD SUPPLY INC 736.12 Grand Total: 159,400.53 1 30 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10783 09/08/2023 KIMLEY HORN & ASSOC INC 52,880.90 10784 09/08/2023 CLERK OF CIRCUIT COURT 565.65 10785 09/08/2023 TIMOTHY ROSE CONTRACTING INC 104,296.77 10786 09/08/2023 PUBLIC DEFENDER 9,136.57 10787 09/12/2023 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 16,234.78 10788 09/12/2023 VEROTOWN LLC 15,000.00 10789 09/12/2023 P&A ADMINISTRATIVE SERVICES INC 398.50 10790 09/13/2023 HUMANE SOCIETY 43,000.00 10791 09/13/2023 BENEFLEX INC 890.00 10792 09/14/2023 IRS -PAYROLL TAXES 13,079.46 Grand Total: 255,482.63 1 31 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney OfGe Of Consent— October 3, 2023 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: September 22, 2023 SUBJECT: First Addendum to Liberty Park, Phase 1A and 1B Developer's Agreement Between Indian River County and Ryall Development Group, LLC On May 18, 2021, the Board of County Commissioners (Board) approved a Developer's Agreement (Agreement) with Ryall Development Group, LLC (Ryall). The Agreement set forth the responsibilities of Ryall and the County for Phases 1A and 1B of the Liberty Park Planned Development Traditional Neighborhood project located near the southwest corner of 66th Avenue and County Road 510. Phase 1A consists of up to 128 homes and Phase 1B will consist of up to 31 residential units. The Agreement provided for Ryall to construct certain roadway sections, storm water ponds and dedicate right-of-way. The First Amendment makes minor changes to the original Agreement including dedication of right- of-way needed for 64th 74th and 81St Avenues, a fire station and a pond parcel. These parcels will now be dedicated within 90 days of approval of this Addendum. In exchange for the dedication acceleration date, the County agrees to allow the Developer to retain an easement over the drainage pond permitting them to change the shape and size of the pond so long as the County's stormwater needs are met. The First Addendum also calls for the County to provide the dirt excavated from one of the 66th Avenue Phase 4 stormwater storage ponds to Ryall on Ryall property. Funding: There is no impact to County funds as a result of this first amendment. Recommendation: Staff recommends the Board approve the First Addendum to Liberty Park Phase 1A and 1B Developer's Agreement and authorize the Chairman to execute the Addendum on behalf of the Board. Attachment: First Addendum to Liberty Park Phase 1 A and 1 B Developer's Agreement Copies to: Kiersten Leiendecker, Assistant Public Works Director Sean Lieske, Interim Public Works Director Andrew Kennedy, Ryall Development Group, LLC C. IG,a icu L gi,m 5151Templbe4fa3Od-ea75-4661-8J97-e7a2fcb61157.doc 32 FIRST ADDENDUM TO LIBERTY PARK, PHASE 1A AND 1B DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RYALL DEVELOPMENT GROUP, LLC THIS FIRST ADDENDUM TO LIBERTY PARK, PHASE IA AND 113 DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RYALL DEVELOPMENT GROUP, LLC (this "Addendum") is made this day of , 2023. BACKGROUND This addendum is attached to and made a part of that "Liberty Park, Phase ] A and 113 Developer's Agreement Between Indian River County and Ryall Development Group, LLC" dated May 18, 2021. AGREEMENT I . Indian River County ("County") and Ryall Development Group, LLC, ("Developer") desire to make certain modifications and additions to the above referenced Developer's Agreement ("DA") and desire to set forth such modifications and additions in this Addendum. 2. In the event of a conflict between the terms and conditions of the DA and this Addendum, this Addendum shall control. 3. Developer shall make the following dedications to the County within 90 -day of execution of this Addendum by both Parties, subject to the conditions listed below: 4 a. 641h Avenue right-of-way, 60 feet in width, as shown on Exhibit A hereto, subject to modification as described below. b. 741h Avenue right-of-way, 60 feet in width, as shown on Exhibit B hereto, subject to modification as described below. c. Fire Station right-of-way, 60 feet in width, as shown on Exhibit C hereto, subject to modification as described below. d. Pond parcel, as shown on Exhibit D hereto, subject to modification as described below. e. 8I st Avenue right-of-way, 10 feet in width, as shown on Exhibit E hereto. a. County acknowledges that Developer has pending before County its conceptual PDTND application for administrative approval. In the event the final PDTND approval requires modification to the legal descriptions for any of the dedications described above, County and Developer will cooperate to approve such modifications of the legal descriptions for said dedications. Further, all such dedications shall be made within 60 days of approval by the county of the conceptual PDTND or within 60 days of final approval of the legal descriptions as modified, if such modifications are necessary. b. County hereby agrees Developer shall retain an easement giving the Developer the absolute right to modify the size and shape of the "Pond" to accommodate the future stormwater runoff from the proposed Liberty Park park, storage facility, civic site, and other approved PDTND facilities, provided such modifications shall not cause stage up to an elevation greater than 18.92 NAVD-88. 33 5. Developer shall not be responsible for any of the costs or fees associated with the design, pennitting, or construction of the 64th Avenue road segment described above, nor for the 74th Avenue road segment south of 8111 Street to the southern boundary of Liberty Park described above. County shall, at its own cost and expense, build any master -planned stonnwater piping which is required to cross under' the 64th St. roadway and also all stonnwater conveyance piping from the 64th Avenue and the 74th Avenue right-of-way to Liberty Park stormwater lakes LP -East -N and LP -East -S (also known as 66G in the County's 66th Avenue project) and to Lake S-5. 6. At the County's own cost and expense, County will deposit all excess fill from the County's 66th Avenue Phase 4 — Lake 66G as designed by Kimley Horn for Indian River County to the location shown on Exhibit "F" hereto. 7. County shall provide access from 641s Street to the future storage facility to be developed by Developer. The parties acknowledge that, except as provided herein, the DA remains in full force and effect. This Addendum may be executed in any number of duplicate originals and any such duplicate original shall be deemed to constitute one and the same instrument. RYALL DEVELOPMENT GROUP, LLC, a Florida limited liability company By: Print Name: Its: WITNESS: Printed Name: Printed Name: (Corporate seal is acceptable in place of witnesses) 2 34 { 35 �iIBiTs'=A;` ROAD RIGHT---OF-WAY LEGAL DESCRIPTION A 60.00 FOOT WIDE STRIP OF LAND FOR THE PROPOSED RIGHT OF WAY FOR 64th AVENUE; LYING IN SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND BEING A PORTION OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1929, PAGE 305, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SAID SECTION 32; THENCE RUN N00'40'04"E, ALONG THE EAST UNE OF THE SOUTHWEST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SAID SECTION 32, A DISTANCE OF 80.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 81st STREET; THENCE DEPARTING SAID EAST LINE RUN S89'55'33'E, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 232.16 FEET TO A POINT ON THE WEST LINE OF THE AFORESAID PROPOSED 64th AVENUE RIGHT OF WAY, FOR A POINT OF BEGINNING; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N00'04'27"E, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 173.90 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 370.00 FEET AND A CHORD BEARING OF N24'50'13"W; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49'49'07", A DISTANCE OF 321.72 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 430.00 FEET AND A CHORD BEARING OF N39'50'10"W; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19'49'13", A DISTANCE OF 148.75 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SAID SECTION 32 AND A POINT ON A NON—TANGENT CURVE, HAVING A RADIUS OF 430.00 FEET AND CHORD BEARING OF N14'38'07'W; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30'34'53", A DISTANCE OF 229.51 FEET TO THE POINT OF TANGENT; THENCE RUN N00'40'04"E A DISTANCE OF 404.90 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT SUB—LATERAL "R -13E" CANAL; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN S89'39'45"E, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF THE AFORESAID PROPOSED 64th AVENUE, SAID POINT ALSO LYING ON THE EAST LINE OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE—QUARTER OF SAID SECTION 32; THENCE RUN SDO'40'04'W, ALONG SAID EAST LINE AND SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 405.23 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 370.00 FEET AND A CHORD BEARING OF S24'32'43"E; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50'24'06", A DISTANCE OF 325.48 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 430.00 FEET AND A CHORD BEARING OF S24'50'13'E; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49'49'07', A DISTANCE OF 373.89 FEET TO THE POINT OF TANGENT; THENCE RUN S00'04'27"W, A DISTANCE OF 173.90 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 81st STREET; THENCE RUN N89'55'33"W, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING FOR PARCEL 'A'; TOGETHER WITH: PARCEL 'B' COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SAID SECTION 32; THENCE RUN N00'39'20'E, ALONG THE EAST LINE OF THE NORTHWEST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SAID SECTION 32 AND THE EXISTING WEST RIGHT OF WAY LINE OF 64th AVENUE AS SHOWN ON THE PLAT OF DOUGLAS SUBDIVISION, PER PLAT BOOK 2, PAGE 52, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE AFORESAID LATERAL 'R13E" CANAL FOR A POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE AND SAID WEST RIGHT OF WAY RUN N89'39'45'W, ALONG THE NORTH RIGHT OF WAY LINE OF SAID LATERAL "R13E" CANAL, A DISTANCE OF 60.00 FEET TO A POINT ON THE WEST LINE OF THE PROPOSED 64th AVENUE RIGHT OF WAY; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N00'39'20"E, A DISTANCE OF 33.17 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 430.00 FEET AND A CHORD BEARING OF NOS'31'15'E; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15'43'50', A DISTANCE OF 118.06 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 370.00 FEET AND A CHORD BEARING OF N08'31'04'E; THENCE RUN ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 15'44'12", A DISTANCE OF 101.62 FEET TO THE POINT OF TANGENT; THENCE RUN N00'39'20"E, A DISTANCE OF 36.62 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE OF 64th AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 413, PAGE 719, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN S89'20'40"E, A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 64th AVENUE, AS SHOWN ON THE AFORESAID PLAT OF DOUGLAS SUBDIVISION; THENCE RUN SOO'39'20"W, ALONG SAID WEST RIGHT OF WAY LINE AND THE EAST LINE OF THE NORTHWEST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SAID SECTION 32, A DISTANCE OF 286.39 FEET TO THE POINT OF BEGINNING, CONTAINING: 2.06 ACRES (89,580 SQUARE FEET), MORE OR LESS. C ERTI FICATI O N SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE DAVID M. SILON, P.S.M. DATE FLORIDA REGISTRATION NO. LS 6139 INDIAN RIVER COUNTY SURVEYOR AND MAPPER 1ADIANRIVER COUNTY DRAWN BY: DcpartmcntglPubhc Works D. SIL ON Engineering D%V/S%On APPROVED BY: 1801 27th ST, VERO BEACH, FL 32960 D. SCHRY THIS SKETCH AND DESCRIPTION IS NOT COMPLETE WITHOUT SHEETS 1 THROUGH 3 AS CREATED. THIS IS NOT A BOUNDARY SURVEY SECTION 32 SKETCH OF DESCRIPTION s"E� TOWNSHIP 31S for PROPOSED 64th AVENUE 1 RANGE 39.5 RIGHT OF WAY OF 3 36 NOTES 1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON. 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER 5J-17.051. FLCRIDA ADMINISTRATIVE CODE. 3. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY, THEREFORE THERE MAY EXIST EASEMENTS, RESERVATIONS, RESTRICTIONS AND/OR OTHER ENCUMBRANCES THAT ARE NOT SHOWN HEREON. 4. THE PROPERTY, RIGHT OF WAY, SECTION AND QUARTER SECTIONS LINES SHOWN HERE ARE BASED UPON THE LINEWORK FROM TWO AUTOCAD FILES ENTITLED "7677.dwg' AND '2110—base-23-0513.dwg' PREPARED BY MASTELLOR, MOLLER AND TAYLOR, INCORPORATED. 5. THE BEARINGS SHOWN HEREON ARE BASED UPON THE 1983 NORTH AMERICAN DATUM, 2011 ADJUSTMENT AND PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, EASE ZONE. THIS SURVEY WAS TIED TO THE FLORIDA PERMANENT REFERENCE NETWORK (MAINTAINED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION'S SURVEY DEPARTMENT); DERIVING A GRID BEARING OF NOG'40'04'E ALONG THE EAST LINE OF THE SOUTHWEST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AS SHOWN HEREON. 6. THE NORTH 50 FEET OF THE SOUTHEAST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND THE SOUTH 50 FEET OF THE NORTHEAST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER SAID SECTION 32 WERE DESIGNATED AS SEBASTIAN RIVER WATER CONTROL DISTRICT RIGHT OF WAY FOR THE SUB—LATERAL "R -13E" CANAL ON THE DATE OF JUNE 10, 1940, AS RECORDED IN DEED BOOK 32, PAGE 177 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE PLAT OF DOUGLAS SUBDIVISION AS RECORDED ON THE DATE OF OCTOBER 28, 1942, IN PLAT BOOK 2, PAGE 52 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA SHOWS LOTS 9 AND 10 OF BLOCKS 2, 5 AND 8 AND THE SOUTH 25 FEET OF THE RIGHT OF WAY FOR 62nd AVENUE, 63rd AVENUE, 63rd COURT AND 641h AVENUE (ALL ROADS ARE UNNAMED ON SAID PLAT) LYING IN THE THE NORTH 25 FEET OF THE SOUTH 50 FEET OF THE NORTHEAST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SAID SECTION 32. A SEARCH OF THE PUBLIC RECORDS INDICATES ALL OF THE LOTS ARE OWNED BY PRIVATE CITIZENS. THE SOUTH 25 FEET OF THE NORTHEAST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SAID SECTION 32 IS SHOWN AS 83rd STREET (UNNAMED ON SAID PLAT). THIS ROAD DOES NOT EXIST IN THE FIELD, NOR IS THERE ANY INDICATION THAT THE ROAD EVER EXISTED OR WAS VACATED. BECAUSE PRIVATE CITIZENS HAVE WARRANTY DEEDS FOR THE NORTH 25 FEET OF THE SOUTH 25 FEET AND THE CANAL RIGHT OF WAY WAS ACQUIRED BEFORE THE PLAT WAS RECORDED, THE SIGNING SURVEYOR IS SHOWING ONLY THE SOUTH 25 FEET OF THE NORTHEAST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SAID SECTION 32, AS CANAL RIGHT OF WAY. 0 100 200 GRAPHIC SCALE ( IN FEET ) MATCNLINE P.T. / P.C. A=30'34'53" R=430.00' L=229.51' C.B.=N14'38'07"W A —50'24'06" R=370.00' L=325.48' C.B.=S24'32'43"E RYALL DEVELOPMENT GROUP, L.L.C. w 3: I) I (60 WIDE R/W) P.I.D. NO w V) P.C. P.T. i 31-39-32-00000-3000-00010.0 0 cv 111 tat w w 3 O.R.B. 1929, PG 306 wwL o�/� o N i O�- � w\w t\ a /-f r 0 589'55'33"E Z 3 /w — O _-- —, -- N /W LINE-- n -- 232.16'-- -- --`_� N00'40'04"E Bo.00' 89'55'33"W 60.00' —�1— P.O.B.------ P.O.C. PARCEL E 81st STREET PARCEL 'A' OF PROPOSED (R/W VARIES) SE COR OF THE SW 1/4 64th AVENUE OF THE NW 1/4 OF SEC 32-31-39 THIS SKETCH AND DESCRIPTION IS NOT COMPLETE WITHOUT SHEETS 1 RYALL DEVELOPMENT GROUP, L.L.C. IADIANRIVERCOUN7Y P.I.D. iso. ' 0=19'49'13" P.R.c.31-39-32-00000-3000-00010.0 R=430.00' ( O.R.B. 1929, PG 306 L=148.75' P.R.C. C.B.=N39'50'10"W j 0 =49'49'07" oat 1801 27th ST, VERO BEACH, FL 32960 D. SMRYVER R=430.00' ,A=49'49'07" OF WAY L=373.89' 3 IR=370.00' C.B.=S24'50'13"E L=321.72' C.B.=Nf4.50'13"W PROPOSED 64th AVE i RYALL DEVELOPMENT GROUP, L.L.C. w 3: I) I (60 WIDE R/W) P.I.D. NO w V) P.C. P.T. i 31-39-32-00000-3000-00010.0 0 cv 111 tat w w 3 O.R.B. 1929, PG 306 wwL o�/� o N i O�- � w\w t\ a /-f r 0 589'55'33"E Z 3 /w — O _-- —, -- N /W LINE-- n -- 232.16'-- -- --`_� N00'40'04"E Bo.00' 89'55'33"W 60.00' —�1— P.O.B.------ P.O.C. PARCEL E 81st STREET PARCEL 'A' OF PROPOSED (R/W VARIES) SE COR OF THE SW 1/4 64th AVENUE OF THE NW 1/4 OF SEC 32-31-39 THIS SKETCH AND DESCRIPTION IS NOT COMPLETE WITHOUT SHEETS 1 THROUGH 3 AS CREATED. IADIANRIVERCOUN7Y DRAWN BY'. SECTION 32S"E SKETCH OF DESCRIPTION rr parnne„tofpabilo fyorks De Engineering Division D. SILON APPROVED BY., TOWNSHIP 3I S. TOWNSHIP for PROPOSED 64th AVENUE 2 oat 1801 27th ST, VERO BEACH, FL 32960 D. SMRYVER RANGE 39E OF WAY 3 37 0 100 200 -- INDIAN RIVER COUNTY P.I.D. NO 64th ENUE 31-39-32-00000-3000-00002.0EXISTI I (NG 60' R/W) GRAPHIC SCALE: O.R.H. 711, PG sss SEE ! L.-30' R/W ,, : __— i DETAIL I - P.B. 2. PG 52- ( IN FEET) -- - R=370.00' L=101.62' P.T. _E LINE OF THE NW 1/4 OF THE C.B.=ND8'31'04"E NW 1/4 OF-SE�3-3T- "ac -' 3 THE RYALL DEVELOPMENT GROUP, L.L.C. EXISTING WiR/W LINE t �=15'43'54" o a» Q © I P.I.D. NO P,R.C. cN r� -------�--- --_� R=430.00' � -- , 31-39-32-00000-3000-00010.0 L=116.06' rn 01�DOU�S UBDI SION I O.R.B. 1929, PG 306 C.B.-NOB'31'15"E `vwI ir---p-Z_-2 G�2._--- NOD'39'20"EP G ? O (BL K 8) -------- - - N R W LINE 33.17' – – – – – – – –' NDO'39'20"EI– LINE S.R.W.C.D. N89'39' 45 -W 50.00 _ – Z — SUB–LATERAL 80.00 P.Q.C� 75' CANAL Rjw - - _ _R^ tX CANAL - - - _ VEL B - - - (SEE NOTE No 6) S R/W LINE n p , SE COR OF THE NW _174— S R/W LINE - N UNE OF THE SW 1/4 r•O•p• OF THE NW 1/4 OF OF THE NW 1/4 PARCEL 'B' LLJ SEC 32-31-39 OF SEC 32-31-39 o N CDS89'39'45"E 60.00' U7 CGV INVESTMENTS, LLC. -It 4111-1 P.I.D. NO 37-39-32-00000-3000--OD013.0 1i u r O.R.B. 2065, PG 651 O �3 O RYALL DEVELOPMENT GROUP, L.L.C. o P.I.D. NO t ---------------------------------- 31-39-32-00000-3000-00010.0 • O.R.B. 1929, PG 306 z n V) 38 a I MATCHLINE w 30' R W 30' R W LEGEND Z �I O.R.B. 413, P,B. 2, PG 52 C.B. = CHORD BEARING P.S.M. = PROFESSIONAL SURVEYOR AND MAPPER N 31 PG 719 wa S89'20'40"E COR = CORNER P.T. = POINT OF TANGENT 30.00' L = ARC LENGTH R = RADIUS Li/ NOT INCLUDED L.L.C. = LIMITED LIABILITY COMPANY R/W = RIGHT OF WAY O _ ' O.R.B. = OFFICIAL RECORD BOOK SEC = SECTION -TOWNSHIP -RANGE ? M n 1� z c�D/ /mow P.B. =PLAT BOOK S.R.W.C.D. = SEBASTIAN RIVER WATER o w p F CONTROL DISTRICT Z Z a l 3 z3 'x C P.C. = POINT OF CURVATURE �// \n P.T. La I4 PARCEL IDENTIFICATION PER PROPERTY a CENTRAL ANGLE o � �O z w 1 P.I.D. = Qf APPRAISER'S WEBSITE 10 = INDICATES LOT NUMBER a w V P.O.B. = POINT OF BEGINNING wo P.O.C. = POINT OF COMMENCEMENT V) �0 z 3 P.R.C. = POINT OF REVERSE CURVE of � Z 0_ w, v DETAIL (1 "=40') THIS SKETCH AND DESCRIPTION IS NOT COMPLETE WITHOUT SHEETS 1 THROUGH 3 AS CREATED. COUN7Y DRAWN Br: SECTION 32 SKETCH OF DESCRIPTION SHEET DeparfinenrofFubh;7 Wore 0TRfADIANRIYER Division D. SILON for PROPOSED 64th AVENUEEngineering TOWNSHIP 3lS. A?PROVED BY: RANGE 5.0F 27th ST, VERO BEACH, FL 32960 D.SCHRYVER RIGHT QF WAY1801 o -? 38 a I ROAD RIGHT-OF-WAY LEGAL DESCRIPTION A 130.00 FOOT WIDE STRIP OF LAND FOR THE PROPOSED RIGHT OF WAY FOR 74th AVENUE; LYING IN SECTION 36, TOWNSHIP 31. RANGE 38 EAST AND BEING A PORTION OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1929, PAGE 306, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 36; THENCE RUN N00'09'08"E, ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SOUTHEAST ONE ---QUARTER, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT LATERAL "R -14E' CANAL; THENCE DEPARTING THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SOUTHEAST ONE-QUARTER, RUN N89'48'47'W, ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 1.40 FEET TO A POINT ON THE EAST LINE OF THE PROPOSED 74th AVENUE RIGHT OF WAY FOR A POINT OF BEGINNING; THENCE CONTINUE N89'48'47"W, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 130.00 FEET TO A POINT ON THE WEST LINE OF SAID PROPOSED RIGHT OF WAY; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N00'16'16'E, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 74.99 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 700.DO FEET AND A CHORD BEARING OF N12'05'34"W; THENCE RUN NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24'43'401, AN ARC DISTANCE OF 302.11 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,565.00 FEET AND A CHORD BEARING OF N20'01'14'W; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8'52'21", AN ARC DISTANCE OF 242.35 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 830.00 FEET AND A CHORD BEARING OF NOD'48'40'W; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29'32'46'. A DISTANCE OF 428.01 FEET TO THE POINT OF TANGENT; THENCE RUN N13'57'43"E A DISTANCE OF 262.25 FEET, TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 36; THENCE CONTINUE N13'57'43"E A DISTANCE OF 204.25 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,470.00 FEET AND A CHORD BEARING OF N11'00'13"E; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5'55'00", A DISTANCE OF 151.80 FEET TO A POINT; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN S81'57'17"E, RADIAL TO LAST DESCRIBED CURVE, A DISTANCE OF 130.00 FEET TO A NON -TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,600.00 FEET AND A CHORD BEARING OF S11'00'13"W; THENCE DEPARTING SAID RADIAL LINE, RUN ALONG THE EAST RIGHT OF WAY LINE OF SAID 74th AVENUE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5'55'00', A DISTANCE OF 165.22 FEET TO THE POINT OF TANGENT; THENCE RUN S13'57'43'W A DISTANCE OF 172.11 FEET, TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 36; THENCE CONTINUE 513'57'43"W A DISTANCE OF 294.40 FEET TO THE POINT OF CURVATURE OF CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 700.00 FEET AND A CHORD BEARING OF SOO'48'40'E; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29'32'46', A DISTANCE OF 360.98 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,435.00 FEET AND A CHORD BEARING OF S20'01'14"E; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08'52'21", A DISTANCE OF 222.22 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 830.00 FEET AND A CHORD BEARING OF S12705'34"E; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24'43'40", A DISTANCE OF 358.21 FEET TO THE POINT OF TANGENT; THENCE RUN SOO'16'16"W, A DISTANCE OF 74.80 FEET TO THE POINT OF BEGINNING. CONTAINING: 4.94 ACRES (215,389 SQ FT), MORE OR LESS. NOTES 1, THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON. 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER 5J-17.051. FLORIDA ADMINISTRATIVE CODE. 3. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. 4. THE PROPERTY, RIGHT OF WAY, SECTION AND QUARTER SECTIONS LINES SHOWN HERE ARE BASED UPON THE UNEWORK FROM TWO AUTOCAD FILES ENTITLED "7677.dwg" AND "2110-base-23-0613.dwg" PREPARED BY MASTELLER, MOLLER AND TAYLOR, INCORPORATED. 5. THE BEARINGS SHOWN HEREON ARE BASED UPON THE 1983 NORTH AMERICAN DATUM, 2011 ADJUSTMENT AND PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, EASE TONE. THIS SURVEY WAS TIED TO THE FLORIDA PERMANENT REFERENCE NETWORK (MAINTAINED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION'S SURVEY DEPARTMENT); DERIVING A GRID BEARING OF N00'09'08"E ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, AS SHOWN HEREON. LEGEND C.B. = CHORD BEARING O.R.B. = OFFICIAL RECORD BOOK P.O.B. = POINT OF BEGINNING R/W = RIGHT OF WAY COR = CORNER L = ARC LENGTH L.L.C. = LIMITED LIABILITY COMPANY CERTIFICATION P.C. = POINT OF CURVATURE P.O.C. = POINT OF COMMENCEMENT SEC = SECTION -TOWNSHIP P.C.C. = POINT OF COMPOUND CURVATURE P.R.C. = POINT OF REVERSE CURVE -RANGE P.I.D. = PARCEL IDENTIFICATION PER PROPERTY P.S.M. = PROFESSIONAL SURVEYOR APPRAISER'S WEBSITE AND MAPPER SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE P.T. = POINT OF TANGENT R = RADIUS S.R.W.C.D. = SEBASTIAN RIVER WATER CONTROL DISTRICT = CENTRAL ANGLE DAVID M. SILON, P.S.M. DATE THIS SKETCH AND DESCRIPTION IS NOT COMPLETE FLORIDA REGISTRATION NO. LS 6139 - WITHOUT BOTH SHEETS 1 AND 2 AS CREATED. INDIAN RIVER COUNTY SURVEYOR AND MAPPER THIS IS NOT A BOUNDARY SURVEY INDIANRIVERCOUNTY DRAWN BY: SECTION 36 SKETCH OF DESCRIPTION SHEET 4 Deparrmewonl biic Works D. SIL ON TOWNSHIP 31S for PROPOSED 74th AVENUE I Fngineering Division APPROVED BY: cp r �� 1601 27th ST, VERO BEACH, FL 32960 D. SCHRYVER RANGE 386. RIGHT OF WAY of 2 39 S81'57'17 'E U ' A=05'55'00" 130.00' R=1,470.00 L=151.80' C 8-N11'00'13"E A =05'55'00" - RYALL DEVELOPMENT3' GROUP, L.L.C. P.I.D. No 31-3 O.R.B. 011929, G03060009.1 N13'57'43" E R-1,600.00 P.C.PCI C.B.-C.B.=S 11'00'13W P T +,�--S13'57'43"W 172.11 0 100 200 GRAPHIC SCALE ( IN FEET ) S UNE OF T'HE NE 1/4 OF 204.25' vVi- M� P.T. SEC 36-31-38 A=29'32'46" R=830.00' �Q L=428.01' LLI C.B.=N00'48'40"W w N13'57'43"E 262.25' 1 o I Un W w =29'32'46" 3 C.B.=S20'01 14 E P.R.C. RYALL DEVELOPMENT GROUP. L.L.C. P.I.D. No 31-38-36-00000-1000-00009.0 l O.R.B. 1929. PG 306 A=24'43'40" R=700.00' L=302.11' C.B.=N 12'05'34"W N00'16'16"E Pc 74.99' NRWLINE O Lf) SL UNE OFiHE &_J14 _ 0 OF THE SE 1/4 to _ OF SEC 36--31-38 S R/W LINE _ A =24 43'40" R=830.00' L=358.21' C.B.=S12'05'34"E N89'48'47"W J 1-0 1.40'to I o v d co 0 w Io (z W P.O.C.I SE COR OF THE NE 1/4 OF THE SE 1/4 l OF SEC 36-31-38 DETAIL (1 "=20') S00' 16' 16"W 74.80' S.R.W.C.D.-LATERAL IL "R -14E" CANAL THIS SKETCH AND DESCRIPTION IS NOT COMPLETE WITHOUT BOTH SHEETS 1 AND 2 AS CREATED '0 INDIANRIVERCOUNTY DRAWN BY: SECTION 36 SKETCH OF DESCRIPTION s"W Deoairmw1 olPobfic Worla D SIL ON 2 Eogineiering mpimi w APPROVED BY: TOWNSHIP 31S. for PROPOSED 74th AVENUE 1801 27th Sr. VERO BEACH, FL 32960 D. SCIIRYVER RANGE 38E. RIGHT OF WAY 2 40 to vVi- M� P.T. A=29'32'46" R=830.00' �Q L=428.01' LLI C.B.=N00'48'40"W w 0 Z \ LLJ w Un W w =29'32'46" 3 Q Q. \ R=700.00' O L=360.97' 3 Offw -0 C.B.=S00'48'40'E �1 y LLA v w � A W zM ow��PIC -C w�X- w P.C.C. zw(n =1 0 A=08'52'21" =08'52'21" R=1,565.00' �A I R=1,435.00' L=242.35' L=222.22' C.B.=N20'01'14"W " C.B.=S20'01 14 E P.R.C. RYALL DEVELOPMENT GROUP. L.L.C. P.I.D. No 31-38-36-00000-1000-00009.0 l O.R.B. 1929. PG 306 A=24'43'40" R=700.00' L=302.11' C.B.=N 12'05'34"W N00'16'16"E Pc 74.99' NRWLINE O Lf) SL UNE OFiHE &_J14 _ 0 OF THE SE 1/4 to _ OF SEC 36--31-38 S R/W LINE _ A =24 43'40" R=830.00' L=358.21' C.B.=S12'05'34"E N89'48'47"W J 1-0 1.40'to I o v d co 0 w Io (z W P.O.C.I SE COR OF THE NE 1/4 OF THE SE 1/4 l OF SEC 36-31-38 DETAIL (1 "=20') S00' 16' 16"W 74.80' S.R.W.C.D.-LATERAL IL "R -14E" CANAL THIS SKETCH AND DESCRIPTION IS NOT COMPLETE WITHOUT BOTH SHEETS 1 AND 2 AS CREATED '0 INDIANRIVERCOUNTY DRAWN BY: SECTION 36 SKETCH OF DESCRIPTION s"W Deoairmw1 olPobfic Worla D SIL ON 2 Eogineiering mpimi w APPROVED BY: TOWNSHIP 31S. for PROPOSED 74th AVENUE 1801 27th Sr. VERO BEACH, FL 32960 D. SCIIRYVER RANGE 38E. 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RETENTION POND A PARCEL OF LAND FOR A PROPOSED RETENTION POND; LYING IN SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND BEING A PORTION OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1929, PAGE 306, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SAID SECTION 32; THENCE RUN N00'32'54"E, ALONG THE WEST LINE OF THE SOUTHWEST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SAID SECTION 32, A DISTANCE OF 121.13 FEET TO A POINT; THENCE DEPARTING SAID WEST LINE RUN S89 -27'06'E, A DISTANCE OF 135.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 66th AVENUE PER OFFICIAL RECORDS BOOK 3429, PAGE 2095, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, FOR A POINT OF BEGINNING; THENCE RUN N00'32'54"E, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 1,159.59 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT'S SUB—LATERAL 'R -13E CANAL" (100 FOOT WIDE CANAL RIGHT OF WAY); THENCE RUN S89'39'45"E, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 600.72 FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY LINE RUN SOC -20-15-W, A DISTANCE OF 35.94 FEET TO THE POINT OF CURVATURE OF A NON --TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 165.00 FEET AND A CHORD BEARING OF S49'55'45"E; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 69'02'04', A DISTANCE OF 198.81 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 465.00 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68'24'50", A DISTANCE OF 555.23 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 210.00 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 132'23'03", A DISTANCE OF 485.21 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 215.OD FEET; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11'20'42", A DISTANCE OF 42.57 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 65.00 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68'02'14", A DISTANCE OF 77.19 FEET TO THE POINT OF TANGENT; THENCE RUN S00'04'27 W, A DISTANCE OF 99.24 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 81st STREET PER OFFICIAL RECORDS BOOK 3429, PAGE 2095, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN N89'55'33"W, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 722.68 FEET; THENCE RUN N39'09'01"W, A DISTANCE OF 51.65 FEET TO THE POINT OF BEGINNING. CONTAINING: 18.17 ACRES, MORE OR LESS. NOTES 1. THIS SKETCH AND DESCRIPTION IS NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON. 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE. 3. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY, THEREFORE THERE MAY EXIST EASEMENTS, RESERVATIONS, RESTRICTIONS AND/OR OTHER ENCUMBRANCES THAT ARE NOT SHOWN HEREON. 4. THE PROPOSED TOB OF BANK, RIGHT OF WAY, SECTION AND QUARTER SECTIONS LINES SHOWN HERE ARE BASED UPON THE LINEWORK FROM AN AUTOCAD FILE ENTITLED "Lake 66G Parcel" PREPARED BY MASTELLER, MOLLER AND TAYLOR, INCORPORATED. 5_ THE BEARINGS SHOWN HEREON ARE BASED UPON THE 1983 NORTH AMERICAN DATUM, 2011 ADJUSTMENT AND PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, EASE ZONE. THIS SURVEY WAS TIED TO THE FLORIDA PERMANENT REFERENCE NETWORK (MAINTAINED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION'S SURVEY DEPARTMENT); DERIVING A GRID BEARING OF N00'32'54"E ALONG THE WEST LINE OF THE SOUTHWEST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AS SHOWN HEREON. LEGEND C.B. = CHORD BEARING P.O.C. = POINT OF COMMENCEMENT A= CENTRAL ANGLE COR = CORNER P.R.C. = POINT OF REVERSE CURVE L = ARC LENGTH P.S.M. = PROFESSIONAL SURVEYOR AND MAPPER INDICATES JOINT OWNERSHIP L.L.C. = LIMITED LIABILITY COMPANY P.T. — POINT OF TANGENT O.R.B. = OFFICIAL RECORDS BOOK R - RADIUS M.M.T. — MASTELLER, MOLLER AND TAYLOR, INCORPORATED R/W = RIGHT OF WAY P.C. = POINT OF CURVATURE SEC = SECTION—TOWNSHIP—RANGE P.C.C. = POINT OF COMPOUND CURVATURE S.R.W.C.D, = SEBASTIAN RIVER WATER CONTROL DISTRICT P.I.D.= PARCEL IDENTIFICATION PER PROPERTY APPRAISER T/B = TOP OF BANK P.O.B. = POINT OF BEGINNING CERTIFICATION SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE DAVID M. SILON, P.S.M. DATE THIS SKETCH AND DESCRIPTION IS NOT FLORIDA REGISTRATION NO. LS 6139 COMPLETE WITHOUT SHEETS 1 AND 2 AS CREATED. INDIAN RIVER COUNTY SURVEYOR AND MAPPER THIS IS NOT A BOUNDARY SURVEY µ1°E" INDIA NRI VER COUNTY DRAWN BY: SECTION 32WEET SKETCH OF DESCRIPTION Department ol'Public Works D. SIL ON APPROVED BY: TOWNSH I P 3! S. for PROPOSED 1 Engineering Division avi 1801 27th ST. VERO BEACH, FL 32960 D. SCIIRLVER RANGE .?9E. RETENTION POND 2 43 I 135.00' O.R.B. 3429, PG 2095 i ' I n r 1 N M L RYALL DEVELOPMENT GROUP. L.L.C. 0 100 200 z' P.I.D. NO 31-39-32-00000-3000-00010.0"�E� O.R.B. 1929. PG 306 ai GRAPHIC SCALE w 40!'F UNE Of THE SW 1/4 zl THE NW 1/4 { IN F`�' SEC 32-31-39p- N R/W UNE S.R.W.C.D. -- --_ -- -— 3 SUB -LATERAL 'R -13E" CANAL 94' A=69'02'04 R=165.00 L=198.81 M.M.T. BOUNDP /SURVEY (SEE NOTE A=68'24'50' L=555.23 o%/////17WI,RETENTION%///llI O.B. - S89'27'06"E IV p� N O L - P.O.C. SW COR OF THE SW OF THE NW 1/4 OF SEC 32-31-39 P.I.D. NO 31-39-32-00000-3000-00011.0 O.R.B. 1929, PG 306 PROPOSED 7/B PER PER M.M.T. BOUNDARY 00,SURVEY (SEE NOTE 4) A R=215. N39109 01 "W 51.65' L=42. /C B. = S73'42,'3 ' P.C.C. I Q 15' w Wei Ipo Ov a 1 I II 1 RYALL DEVELOPMENT GROUP, L.L.C. \ \ P.I.D. NO 31-39-32-00000-3000-00010.0 n O.R.B. 1929, PG 306 M W fL A =132'23'03" �+ R=210.00' L=485.21' z C.B.=S13' 11'24"E w A =68'02'14" O) v R=65.00' c L=77.19' t C.B.=S34'01'07'E w XiP.T. i C S00'04' 27"W 99.24' - - -_r __ w w wl ^w O.R.B. 3429, PG 2095 S UNE OF THE SW 1/4 OF THE NW 1/4 OF SEC 32-31-39 81st STREET 1/4 (R/W VARIES) THIS SKETCH AND DESCRIPTION IS NOT COMPLETE WITHOUT SHEETS 1 AND 2 AS CREATED. THIS IS NOT A BOUNDARY SURVEY ' /NDlANR/V" GDIJNTY DRAW" By. SECTION 32 SKETCH OF DESCRIPTION SHEET DmmnyenrofPub1x WonFs D. SIL ON 2 Engineering Division APPROVED BY: TOWNSHIP 31S for PROPOSED 1801 27th ST, VERO BEACH, FL 32960 D. SCHREVER RANGE 39,E RETENTION POND 2 44 j lDescription.foci .: Aug INDlA1 RIVER OUN - of Way Being a Parcel of Land lying lh S+E dbri.32,1rat lip Tll South, Range 39 East, Said Parcel also being a portion of those Lands as described to OfflclM Record Book 1929, Page 306, of the Public-RebordBoflaldian River County Florida, said. Parcel being more particularly deseribed.as Follows: Commencing at the Ws>sstii a C,teatti bfteald Section 32; Thence Soutft fig°48'28" East, along the South firtg:of the Northwest One Quarter of said Section 32,: a distanceof 1002 lrlettis the Southeast �; s�st One QuarteeortYs Southeast One Quarter of the Northwest One Quarterofsoldn 87 Thence sakl"iSouth flinip. North 00`42'09" East, along the East line of said Southwest One Quarter of the Southeast One Quarter of the Northwest One Quarterof said Section 32, a distance of 80.00 feet to the Point of Beginning ofthe following described parcel; Thencefilprfh 89°48'39" West, along a line (said line being 80.00 feet North of, and parallel with, as measured at right angles to, tate. South line offt Northwest One Quarter of said Section 32) a distance of 1824.53 feet; Thence North 39"0902" West, a distand sof 81.66 to* Thrl n a North 00"32191 dist along a line (said line being 135.00 j feet East of, and parallel with, as measured at right angles to, the West line of the Northwest -One Quarter of said Section 32) a distance pf 15.66 feet; Thence South 39°09'02" East, a ci stanceof 58.98 feet; Thence South 89°48'39" East along a line (said line being 90.00 1 feet North of, and parallel with, as measured at riot angles to, the South line of the Northwest One Quarter of said Section 32) a distance of 1819.89 feet to a point in the East fine of S-wdrf flr l caner of the Southwest One Quarter of the Northwest Arte Quarter of said Section 32, said point also being the ktorttrwestrxerrtsr .Af Ind Book 3 . 8839, of the Public RaPo-rdFi* Indian River County, Florida; Theme South 00'42'08" West, airy said W1ft,,Js distance of 10.00 f 6t4o the Point of B -i Containing 1f3.775 Square Feet (0.43 Acreft) SSI u..eyos -Notems 1). This Sketch and Legal Description was prepared wlth,the benefitcrf a RVAof Map bly Kimiep � 4 for Indian { River County , Job No. 1505, Dated July 25, 2017. Toce►er with the Last GenwW Pkatof *A L ands afthe Indian River Fsrras Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now indiart fjiveir eoW*A,Florida. 41WS legal description shall not be t+Niti unless j (a) Provided in its entirety consisting of 2 sheets, with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are -not valid unless signed and sealed with f , an embossed surveyor's seal'. 3). The bearings shown hereon are referenced to the West line olihe Northwest One Quarter of Section 32 Township 31 Sol,Bh, Rarigs 39' East, Said line bears North 00"32'54" East and ail others are relative thereto. (IIfdTltlq. Milif O, iGsLNAI RAISED.',EAL OFF ih FORMA U "SED SURV " MD MAPPER) t I 14EREBY CERTIFY THAT THE SKETW A LEGAL DESCRIPTIO114: .THE PROPERTY Legend, ! 1� 11EtfafS 5ltQY1 SND DESCMW HEREON"1 WWt,ETED UNDER MY°URIMLTIAN AND SAiD L.U. ¢ Ill RI R FARMS �om �� �'�UE ANt7 T � f 1'fNE BEST OF EDGE AND I t1ilATER CONTROL DISTRICT isELiEF I 0.111II.13: -OFFICIAL RECORD BOOK n= MAT I FURTHER;CMTfFY TFa1T THIS SKS -DIESCRIPTION MEETS THE STANDARD$ PO * PLANNED DEVELOMENT PRACTMFtOR SURVIE" SET FQR7W BY Tim O ORIDA PROFESSIONAL BOARD OF j PG. a p� SURVEY AND MAPKRS IN ,1k E.i-1.7`452 FLORIDA ADMINISTRATIVE Cts. PLAT BOOK $T:. LUCiE PURSLUWT TO SECTION47,2AVkMWA STA,Tiz STATUTES. Stix. FT, = SQUARE FEET W-RIGHT-OliMY DATEOF SIGNATURE PROFESSIONAL SIiWlillIVRAO MAPPER (Ti _I$ NOT ,A. SURVEY) . FL II)� CsF f IF f4 ` .4863 INDIAN RIVER COUNTY FL PUBLIC WOWS 1' 3E,FTANGWEEl�ti UN e� t�i"�'� L up n DAM. BRAWN 6Y; for: NrA rR 6V EWD W.D. a rl I C f E " COUNTY 015 NO - 1 OF 2 x;505 Sketch and Legal Description for: INDIAN RIV R COUNTY 31-39-32-00000-3000-00011.0 RYALL DEVELOPMENT GROUP LLC 8290 66th AVENUE LL) w w z m Z =� v J u) O CV F V) Q O O w 0- o O z CL 25' 04 M C LLJ Q U 0 W Q L to a �ED O I- w o N00632'54"£ z S39'09'02"E X8.98' 31-39-32-00000-3000-00010.0 RYALL DEVELOPMENT GROUP LLC 8290 66th AVENUE O.R.B. 1929, PG. 3D6 S89'48'39"E — 1819.89' z O m � D iLn f� T r j� 4 z m 1 �o Cn Ln Z O Not to Scale z 15.66 O O U7 x� m L4 z N39'09'02 LnC� O 51.66' o =m > N to S39'09'02"E X8.98' 31-39-32-00000-3000-00010.0 RYALL DEVELOPMENT GROUP LLC 8290 66th AVENUE O.R.B. 1929, PG. 3D6 S89'48'39"E — 1819.89' z O m � D iLn f� T r j� 4 z m 1 �o Cn Ln Z O Not to Scale z N89'48'39"W - 1824.53' o PARCEL 133-- Point of o o ` 81st Street Beginning �^' S89'48'39"E - 1992.32' SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 32 SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST Point of Commencement WEST 1/4 CORNER OF SECTION 32, TOWNSHIP 31 SOUTH. RANGE 39 EAST (THIS IS NOT A SURVEY) INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENGINEERING DIV DATE: DRAWN BY: 4/28/2023 R. I N G LETT SCALE: APPROVED BY: N/A D. SCHRYVER SHEET: JOB NO: 2 OF 2 1505 O.R.B. 3557, PG. 839 Leaend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT PD = PLANNED DEVELOPMENT PG. = PAGE PB = PLAT BOOK SQ. FT. = SQUARE FEET R/W = RIGHT-OF-WAY Sketch and Legal Description for: INDIAN RIVER COUNTY O\P O U7 x� m L4 �L LnC� O Q=� o =m > N to z� - rrt L40 ' I m� >m p NORTHWEST CORNER A Q O.R.B. 3557, PG. 839 n N89'48'39"W - 1824.53' o PARCEL 133-- Point of o o ` 81st Street Beginning �^' S89'48'39"E - 1992.32' SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 32 SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST Point of Commencement WEST 1/4 CORNER OF SECTION 32, TOWNSHIP 31 SOUTH. RANGE 39 EAST (THIS IS NOT A SURVEY) INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENGINEERING DIV DATE: DRAWN BY: 4/28/2023 R. I N G LETT SCALE: APPROVED BY: N/A D. SCHRYVER SHEET: JOB NO: 2 OF 2 1505 O.R.B. 3557, PG. 839 Leaend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT PD = PLANNED DEVELOPMENT PG. = PAGE PB = PLAT BOOK SQ. FT. = SQUARE FEET R/W = RIGHT-OF-WAY Sketch and Legal Description for: INDIAN RIVER COUNTY I'gil o _ . I -s - awl � 'm P � d 0 i jun low' O � I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM To: Board of County Commissioners Through: John A. Titkanich, Jr., ICMA-CM, AICP County Administrator Prepared By: Brian Freeman, AICP MPO Staff Director Date: September 21, 2023 Subject: Transit Development Plan (TDP) Major Update It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of October 3, 2023. SIIMMORV According to state and federal regulations, Indian River County, in conjunction with the Indian River County MPO, must prepare and adopt a Major Update of its Transit Development Plan (TDP) in October of 2023. Adoption of a TDP is required in order to receive grant funding under the state's Public Transportation Block Grant (PTBG) program. In recent years, that program has provided over $600,000 annually in operating assistance to Indian River County. The TDP major update was prepared by the University of South Florida's Center for Urban Transportation Research (CUTR). Over the past year, CUTR has undertaken numerous TDP development activities. Those activities include drafting a public outreach plan, analyzing demographic trends within the community, conducting a peer trend analysis of the county's fixed route (GoLine) and demand response (Community Coach) transit systems, and identifying goals and objectives. As part of the TDP development process, CUTR has also conducted extensive public outreach. During the months of March and April, CUTR interviewed GoLine passengers while riding on the bus, and an online survey was also conducted. Combined together, over 1,400 responses were received. Using the inputs from the transit system analysis and public engagement, the consultants evaluated a number of service enhancements, including the extension weekday service hours, the expansion of Saturday service hours, the introduction of transit service on Sundays, and C:\G ran icus\Legistar5\L5\Temp\ece7485d-8aec-4cc3-b3be-ad06b2ebccf8.docx 1 48 increasing weekday frequency of service to 30 minutes on top -performing routes. Based on the results of the service alternatives evaluations, CUTR has prepared a ten-year implementation program along with a financial plan. The ten-year program includes: • Extending weekday service hours to 9 pm (two additional hours) in FY 2024/25. • Expanding Saturday service hours to 7 am to 7 pm (three additional hours) in FY 2026/27. • Introducing Sunday service (8 am to 5 pm) in FY 2028/29. For each of these service improvements, the ten-year program anticipates funding assistance from FDOT through a Service Development grant. To address the transit system's capital needs, the ten-year program includes an upgrade to the North County Hub, an electric vehicle pilot project (no more than three vehicles), additional phases of bus shelters and other bus stop amenities, and ongoing replacement of buses and other equipment based on FTA useful life requirements. The capital program is based on projected federal and state revenues during the next ten years. In addition to the improvements discussed above, the TDP also identifies several unfunded needs, will require the identification of new funding sources. For operating, the primary unfunded need is increasing service frequency from 60 minutes to 30 minutes on weekdays, which would involve a significant increase in operating expenses. For the capital program, the most significant unfunded need is the conversion of the transit fleet from diesel to electric vehicles, which could be funded through a discretionary grant program such as Federal Transit Administration's "Low -No" program for electric and alternative fuel buses. At its September 13, 2023 meeting, the MPO Board endorsed the TDP major update. Because the County is the designated recipient of federal and state transit grant funds, the County must also approve the TDP Major Update. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Transit Development Plan. ATTACHMENTS 1. Transit Development Plan — Major Update Draft Final Report - (Report available for viewing www.indianriver.go or at the Board of County Commissioners Office). 49 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Parks, Recreation & Conservation Date: September 22, 2023 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator From: Beth Powell, Director of Parks, Recreation and Conservation Subject: Duck Head Island Revegetation — Final Completion and Release of Retainage. BACKGROUND: The Lost Tree Islands Conservation Area (LTICA) was purchased in 2003 with funds from the Florida Communities Trust. The 508 -acre site is located in the Central Indian River Lagoon (IRL) approximately 0.75 miles north of the SR 60 boat launch on the barrier island. In 2002 the Town of Indian River Shores and the City of Vero Beach entered into an interlocal agreement with the County for the purchase and maintenance of the site. The LTICA is the second largest publicly -owned island system that is protected in Indian River County, and includes more than 10 miles of shoreline habitat. The County has designed an enhancement and restoration project on the three main islands within the conservation area. These islands include: (1) the 68.6 -acre Joe Earman Island; (2) the 60.4 -acre Duck Head Island; and (3) the 48.4 -acre Hog's Head Island. The LTICA ecological enhancement project will be the largest lagoon -based enhancement project undertaken by Indian River County. To further the objectives outlined in the design and engineering plan, the County initiated exotic plant removal on approximately 10.5 -acres on Duck Head Island in early 2022. To further the habitat restoration of this portion of Duck Head Island, a revegetation plan was bid for this area. On February 2, 2022, the Board approved the award of a contract to Sandhill Environmental Services, LLC in the amount of $140,073.56 to install native plants throughout the treated 10.5 acres. DESCRIPTION AND CONDITIONS: Native vegetation was installed in 2022, however, there was an issue with the survivorship of planted live oak trees. The contractor agreed to re -plant the live oaks, and it was their decision to delay the replanting until 2023, to coincide with Board approved native plant installation for Earman Island. The live oaks were re -installed on Duck head Island in late July of 2023. Sandhill Environmental Services, LLC has therefore completed the plant installation on Duck Head Island, and is requesting final payment on the project. Final payment will be in the amount of $11,432.39, of which $6,770.59 includes retainage. Payment in the amount of $11,432.39 will complete the county's obligation to the contractor. C:\Granicus\Legistar5\L5\Temp\66979139-66961928-a94a-b46f8c7c201 e.do c 50 FUNDING: Funding for the Duck Head Island revegetation is budgeted and available in the Optional Sales Tax/Parks/Lost Tree Islands Conservation Improvements account, number 31521072-066510- 20001, in the amount of $4,661.80 for final installation. Funding for the Duck Head Island revegetation release of retainage is budgeted and available in the retainage payable account 315- 206000-20001 in the amount of $6,770.59. Account Description Account Number Amount Optional Sales Tax/Parks/Lost Tree Conservation Improvements 31521072-066510-20001 $4,661.80 Retainage Payable — Sandhill Environmental, LLC 315-206000-20001 $6,770.59 Total $11,432.39 RECOMMENDATION: Staff respectfully recommends approval of Invoice #3459, in the amount of $11,432.39, to Sandhill Environmental Services, LLC, which will release any further obligations of the County from the Contractor. ATTACHEMENTS: Invoice #3459 APPROVED AGENDA ITEM FOR October 3, 2023 C:\Granicus\Legistar5\L5\Temp\66979f39-6696-4928-a94a-b46f8c7c201 e. doe 51 0$ANDHILL Grow • Enhance • Restore Sandhill Environmental Services, LLC 5980 SE County Road 760 Arcadia, FL 34266 W IMMIA . Indian River County Parks and Conservatio 5500 77th Street Vero Beach, FL 32967 Invoice4al, Date Invoice # 9/21/2023 3459 Office: 863-494-9737 Fax: 863-494-1364 office@sandhillgrowers.com www.sandhillgrowers.com P.O. No. Terms Project Due on receipt Duck Head Island Item Description Rate Serviced Qty. Amount Duck Head Island Phase 1 Revegetation Retainage Retainage 6,770.59 6,770.59 F&I Quercus virginiana Live oak 7G 28.60 163 4,661.80 Total $11,432.39 Payments/Credits $0.00 Balance Due $11,432.39 Specializing In Natural Areas Weed Management- Nuisance/Exotic Species Removal Lake/Littoral Shelf Plant Installation • Wetland & Upland Restoration Planting Web site: www.sandhillgrowers.com 52 CONSENT BCC Meeting October 3; 2023 11 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Parks, Recreation & Conservation Date: September 22, 2023 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator From: Beth Powell, Director of Parks, Recreation and Conservation Subject: Jones' Pier Conservation Area — Construction Administration Services; Donadio Amendment No. 3 to Work Order No. 3. BACKGROUND: On November 8, 2022, the Board approved the Gordian proposal (Work Order 10749.00) to raise and shore up the existing Jones Pier historic house. Gordian entered into an agreement with Johnson Laux to complete this work. Work was initiated in January 2023, and completed at the end of February 2023. The bungalow is elevated, stabilized, and ready for renovation to the planned interpretive center. On September 6, 2023, a bid was advertised for the renovation of bungalow to complete the improvements required for conversion into an interpretive center. Once the Board approves a contractor for this work and a notice to proceed is issued, the County will need the assistance of the project architect to provide construction administration services. On August 18, 2020, the Board approved Work Order No. 3 for Donadio & Associates Architects, PA to provide Architectural Services for the Jones' Pier Interpretive Center design and development. Within this proposal, Donadio & Associates provides construction administration services including the following: (1) A maximum of four periodic site observations (2) Review of contractor's applications for payment; (3) Contractors request for information and/or clarifications (4) Shop drawing reviews; (5) Review of change order and decisions on any claims or disputes; (6) Punch list walk-thru with client and contractor to determine general conformity with approved plans and specifications. Based on the current project scope for the renovation, and the 180 -day anticipated construction timeline outlined in the RFP, Donadio & Associates will be required to provide additional services for construction administration including the following: (1) eight additional site visits to review work progress; (2) coordination of the pre -construction meeting; (3) review of as -built drawings; and (4) expanded scope for contracted construction administration services., including additional visits for structural oversight. Attachment A details the scope of work for the additional services. C:\Crranicus\Legistar5\L5\Temp\a6564d59-bb5f-4494-94fa-Odd422b3c483.doc FUNDING: Funding for Amendment No. 3 to Work Order No. 3 — Donadio & Associates is budgeted and available in the Optional Sales Tax/Parks/Jones Pier Improvements account, account number 31521072-066510-18010, in the amount of $9,065.00. Reveune Seeree APC," Neer A+monnt Optional Sales Tax/Parks/Jones Pier Improvements 31521072-066510-18010 $9,065.00 RECOMMENDATION: Staff respectfully recommends the Board accept Work Order Number 3, Amendment No. 3 — Donadio & Associates, Continuing Architectural Services RFQ 2018063, renewed November 2, 2021, for construction administration services associated with the Jones' Pier Bungalow House Renovations, authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 3, Work Order Number 3. ATTACIFIMENT • Amendment No. 3 to Work Order Number 3, Donadio & Associates — Continuing Architectural Services RFQ 2018063, Amendment and Renewal No. 1 — Jones' Pier Conservation Area Historic Residence Structural Evaluation and Improvements (Museum) • Attachment A - Donadio & Associates, Architects, PA Architectural Additional Services Contract Addendum list of services APPROVED AGENDA ITEM FOR October 3, 2023 C:\Crranicus\Legistar5\L5\Temp\a6564d59-bb5f-4494-94fa-Odd422b3c483.doc 54 CONTINUING ARCHITECTURAL SERVICES AMENDMENT 3 TO WORK ORDER 3 JONES' PIER Architectural & Structural Modifications to the Historic House This Amendment 3 to Work Order Number 3 is entered into as of this _ day of . 202. pursuant to that certain Continuing Architectural Services Agreement for Professional Services entered into as of the 13th day of November, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Donadio and Associates, a Spiezle Architectural Group, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 3, Effective August 18, 2020. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above. CONSULTANT: By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: John A. Titkanich, Jr., County Administrator William K. DeBraal, County Attorney 55 DONADIO & Associates, Architects, P.A. A Spiezle Group, Inc. Company ATTACHMENT A Project Name: IRC Jones Pier Historic Residence Museum DAA Job: 2018-23.004.1.2 Architectural and Structural Construction Administration Date: September 21, 2023 Contact: Wendy Swindell Conservation Lands Manager - Parks & Conservation Resources From: Anthony J. Donadio DESCRIPTION OF WORK: CONSTRUCTION ADMINSTRATION PHASE o Additional Architectural Construction Administration: ■ Increase in Contract Site Visits from four (4) to twelve (12) based on a 180 -day construction contract duration and providing 2 site visit per month. Eight (8) additional site visits. — $4,320.00 ■ Expanded scope for contracted construction administration services — $1,620.00 ■ Coordination of Preconstruction Meeting -.$675.00 ■ Review of As-Builts Drawings - $450.00 o Additional Structural Construction Administration: ■ Additional Site Visits and Structural Oversite— $1,500.00 Architectural Additional Services Amount: Construction Administration Additional Services - $8,565.00 Reimbursables - $500.00 Approved by: (Authorized to sign on behalf of client) Please Print Name: Date: Delivery: Upon Award of Contract for Construction Services Standard Hourly Fees $65.00/hour Clerical $85.00/hour Office Manager $100.00/hour CADD Tech I $135.00/hour CADD Manager $135.00 Project Manager $175.00/hour S e n i o r Project Manager $200.00/hour Principal 2001 91' Avenue, Suite 308 Vero Beach, Florida 32960 Phone 772 794 2929 Fax 772 562 8600 Email - adonadio@spiezle.com License No. AA00012456 56 ow CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 21, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Excess Equipment as Surplus and Authorization to Donate BACKGROUND: The equipment listed below was recently removed from the Media Room at the Emergency Operations Center (EOC), and has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. Treasure Coast Educational Media, Inc., as the owner of Christian FM (WSCF-FM), has requested the County donate the equipment to them. Evidence of their 501(c)(3) status is available in the Purchasing Division. Florida Statute 274.06 authorizes a governmental unit to dispose of property, the value of which is estimated to be under $5,000 "in the most efficient and cost-effective means as determined by the governmental unit." Dept Asset Working Description 208 30436 Y Vaddio Video Output (sn 998110503802135) and Camera (sn 998692000000370) Set 208 Y Canon Vixia HFR40 Camera 208 30433 Y Black Magic Video Switcher (sn 4683811) FUNDING: There is no cost to the County associated with these requests. RECOMMENDATION: Staff recommends the Board declare the listed items as surplus, and authorize their donation to Treasure Coast Educational Media, Inc. 57 �3N INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 14, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of RFP 2023050 for Employee Compensation and Classification Study BACKGROUND: On behalf of the Human Resources Department, a Request for Proposals ("RFP") was issued for qualified firms to conduct a comprehensive classification and compensation study of the County's approximately 330 employee job classifications. The purpose of this compensation study will be used to set appropriate compensation levels and advise/inform County Administration for future collective bargaining as it relates to negotiating wages, hours, and conditions of employment. i.1«811tILir lkio A selection committee comprised of Suzanne Boyll, Human Resources Director, Beth Powell, Parks, Recreation & Conservation Director, Andy Sobczak, Interim Community Development Director, Dan Russell, Information Technology Director, Dave Johnson, Emergency Services Director, and Sean Lieske, Utilities Director independently reviewed and scored the received proposals. The committee then met to compile an initial ranking of firms. After the initial ranking, the committee agreed to interview the top 3 ranked firms. After the interviews, the committee declared their ranking as final, and recommended award to the top ranked consultant. Firm Total Base Lump Sum Fee Proposal 1. Evergreen Solutions, LLC $52,500 2. RSC Insurance Brokerage, Inc. $75,000 3. Bolton Partners, Inc. $79,500 4. Cody & Associates, Inc. $64,000 5. DNA Organizational Consultant Services, LLP $64,000 FUNDING: In addition to the Employee Compensation and Classification Study, other optional items of work were requested the proposers. These items include the development of a job analysis tool for 58 evaluation of new classifications, development of a performance evaluation tool, and development of updated job descriptions for each position classification. Firm Job Analysis Tool Performance Evaluation Tool Updated Job Descriptions Total Proposed Price Evergreen Solutions, LLC $2,500 $8,000 $5,500 $68,500 RSC Insurance Brokerage, Inc. $14,000 $15,000 $15,000 $119,000 Bolton Partners, Inc. Included $9,000 $115,500 $204,000 Cody & Associates, Inc. $12,500 $14,500 $16,500 $107,500 DNA Organizational Consultant Services, LLP 1 $9,000 $6,000 $21,000 $100,000 Funding for the Employee Compensation and Classification Study, along with the listed optional items of work from Evergreen Solutions in the amount of $68,500 is available in the General Fund/ Human Resources/ Other Professional Services account, number 00120313-033190 in the current fiscal year. This amount will be "rolled over" into the new fiscal year through a budget amendment from General Fund/Cash Forward. Account Number Account Description FY 24 00120313-033190 General Fund/ Human Resources/ Other Professional Services $68,500 RECOMMENDATION: Staff recommends the Board approve the final ranking of firms, approve the agreement, and authorize the Chairman to execute it, after review and approval by the County Attorney as to form and legal sufficiency, and after approval of the required insurance by the Risk Manager. ATTACHMENT Agreement 59 Consulting Agreement for Employee Compensation and Classification Study and Related Services THIS AGREEMENT, entered into this 3rd day of October, 2023, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and Evergreen Solutions, LLC. hereinafter referred to as the "CONSULTANT". BACKGROUND RECITALS: The COUNTY selected CONSULTANT to provide Employee Compensation and Classification Study services ("Services"), based on a proposal submitted in response to Request for Proposals 2023050. The COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional consulting services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth in this Agreement. The CONSULTANT shall provide the COUNTY with consulting services and such other related services as defined in the scope of work, provided as Exhibit 1. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. COUNTY OBLIGATIONS The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available documents in the possession of the COUNTY pertinent to the Services. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. The COUNTY will cooperate fully with the CONSULTANT in order that all phases of the work may be properly scheduled and coordinated. 2. RESPONSIBILITIES OF THE CONSULTANT The CONSULTANT agrees to perform all necessary Services in connection with the work set forth in Exhibit 1. The CONSULTANT agrees to complete the work within the time frame specified. The CONSULTANT will maintain an adequate staff of qualified personnel. The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its 60 Services as described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of this section. The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager upon request, and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. All documents, reports, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are, and shall remain, the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, and upon final payment, all of the above data shall be delivered to the County Project Manager. The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. CONSULTANT is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONSULTANT is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. 3. TERM; DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of one year, after the date of execution thereof, or upon completion of all project phases as defined by the COUNTY, whichever occurs earlier, unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 "Termination". 4. COMPENSATION The COUNTY shall pay to the CONSULTANT a mutually agreed upon maximum amount not -to -exceed professional fee for each completed task, on a deliverable basis, all as set forth in Exhibit 2. Invoices shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily 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 CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). No additional payment will be due to the CONSULTANT for administrative copies, printing, per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANTs personnel. The COUNTY may at any time notify the CONSULTANT of requested changes to the Services, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amendment to this agreement. Should this amendment result in the reduction in services, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 0) 61 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 5. ADDITIONAL WORK If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a written amendment to this Agreement. 6. OWNERSHIP AND REUSE OF DOCUMENTS Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data first developed by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the CONSULTANT at any time during normal business hours upon reasonable request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement or individual Work Order is complete, all of the above materials shall be delivered to the County Project Manager. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk The COUNTY shall not hold the CONSULTANT liable for any misuse by others. 7. INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement. CONSULTANT shall maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. The cost of such insurance shall be included in the CONSULTANT's fees. Minimum Scope of Insurance A. Worker's Compensation as required by the State of Florida. Employers Liability of $ioo,000 each accident, $500,00o disease policy limit, and $ioo,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. 62 CONSULTANT's insurance coverage shall be primary. All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be occurrence forms, not claims made policies. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. The CONSULTANT shall ensure any subconsultants to maintain the insurance as detailed herein. The Consultant shall indemnify and hold harmless the County and its commissioners, officers, employees and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the contract. 8. TERMINATION This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (3o) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (3o) days' prior written notice to the COUNTY;.or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized. Such payment shall be determined on the basis of the percentage of work complete, as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents first prepared by the CONSULTANT for the COUNTY in connection with this Agreement. The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter lig Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 4 63 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. OWNER may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, create pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this agreement if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 9. MISCELLANEOUS PROVISIONS Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it 5 64 is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. Counterparts. This Agreement maybe executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 1o. Public Records Compliance Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the 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 Consultant or keep and maintain public records required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER ng, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO IZ 65 THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@indianriver.gov Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 3296o C. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. 66 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. OWNER: CONSULTANT: INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: William K DeBraal, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Suzanne Boyll Human Resources Director 1800 27th Street, Vero Beach, FL 3296o sboyll@indianriver.gov 772-226-1402 M By: (CONSULTANT) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: (If CONSULTANT is a corporation or a partnership, attach evidence of authority to sign.) 67 Exhibit 1- Work Plan Task i. o Project Initiation The detailed work plan that Evergreen proposes to use to conduct an Employee Compensation and Classification Study for Indian River County is provided in this section. Evergreen understands the County has 913 full-time employees and 330 job classifications. Our work plan consists of the following 12 work tasks: • Task 1: Project Initiation • Task 2: Evaluate the Current System • Task 3: Collect and Review Current Environment Data • Task 4: Evaluate and Build Projected Classification Plan and Make FLSA Determinations • Task 5: Identify List of Market Survey Benchmarks and Approved List of Targets • Task 6: Conduct Market Salary Survey and Provide External Assessment Summary • Task 7: Develop Strategic Positioning Recommendations • Task 8: Conduct Solution Analysis • Task 9: Develop and Submit Draft and Final Reports • Task 1o: Develop Recommendations for Compensation Administration • Task 11: Provide Revised Class Descriptions • Task 12: Review and Revise Performance Evaluation System TASK GOALS • Finalize the project plan with the County. • Gather all pertinent data. • Finalize any remaining contractual negotiations. • Establish an agreeable final timeline for all project milestones and deliverables. TASK ACTIVITIES 1.1 Discuss with the County's Project Manager (CPM) and any other key personnel (i.e., executive leadership) the following objectives: • the classification and pay plan study process; • understand mission and current compensation philosophy; • review our proposed methodology, approach, and project work plan to identify any necessary revisions; • reach agreement on a schedule for the project including all assignments and project milestones/deliverables; and • establish an agreeable communication schedule. 9 68 Task 2.0 Evaluate the Current System 1.2 Identify potential challenges and opportunities for the study. Discuss the strategic direction of the County and some of the short- and long-term priorities. This activity serves as the basis for assessing where the County is going and what type of pay plan will reinforce current and future goals. 1.3 Obtain relevant materials from the County, including: • any previous projects, research, evaluations, or other studies that may be relevant to this project; • organizational charts for the departments and divisions, along with related responsibility descriptions; • current position and classification descriptions, salary schedule(s), and classification system; and • personnel policies and procedures, including step placement policies. 1.4 Review and edit the project work plan and submit a timeline for the completion of each project task. 1.5 Provide the CPM with periodic status reports throughout the study. KEY PROJECT MILESTONES • Comprehensive project management plan • Comprehensive database of County staff TASK GOAL • Conduct a comprehensive preliminary evaluation of the existing compensation plan for the County. TASK ACTIVITIES 2.1 Obtain the existing pay structure and compensation philosophy (if any). Review the existing pay structure and look for potential problems and issues to be resolved. 2.2 Determine the strengths and weaknesses of the current pay plan(s) and structure for the County. Address any pay compression issues that may exist and discuss possible solutions. 2.3 Discuss the compensation philosophy with the CPM and any changes that need to be made to better align the County with the market. 2.4 Complete an assessment of current conditions that details the pros and cons of the current system as well as highlights areas for potential improvement in the final adopted solution. 10 69 Determinations 11 70 KEY PROJECT MILESTONES • Review of existing compensation plan(s) • Pay compression issues and solutions • Assessment of current conditions Task 3.0 TASK GOALS Collect and Review Current • Conduct statistical and anecdotal research into the current environment Environment within the County. Data • Guide subsequent analytical tasks. TASK ACTIVITIES 3.1 Schedule and conduct several employee orientation sessions to describe the scope of work and methodology. 3.2 Interview department directors/managers to obtain relevant information and statistical/anecdotal data on specific compensation issues and policies. Obtain insight into perceived current compensation system strengths and weaknesses. 3.3 Hold focus groups with a sample of employees to obtain additional relevant information and statistical/anecdotal data on specific compensation issues and policies. 3.4 Work with the CPM and Human Resources staff to administer the JATs and MITs. Our staff utilizes a web -based tool for data collection, but we can provide paper copies as well as those for classifications without computers or Internet access. We will seek approval from the CPM before distribution of the JAT/MIT questionnaire. 3.5 Review any data provided by the County that may provide additional relevant insight. KEY PROJECT MILESTONES • Job assessment tool distribution • Department director/manager interviews • Employee focus groups and orientation sessions Task 4.0 TASK GOALS Evaluate and Build Projected • Identify the classification of existing positions utilizing the approved Classification method for job evaluation. Plan and Make FISA . Characterize internal equity relationships within the County. Determinations 11 70 12 71 TASK ACTIVITIES 4.1 Ensure that all draft class specifications are provide to Evergreen by the CPM. 4.2 Review the work performed by each classification and score based on job evaluation. Include an evaluation of supervisory comments. 4.3 Review job evaluation scores and identify the classification of positions. 4.4 Schedule and conduct additional follow up with employees for jobs where uncertainty exists over data obtained from job evaluation. 4.5 Develop preliminary recommendations for the classification structure and discuss with the CPM. The classification system designed at this point would be based solely on internal equity relationships and would be guided by the job evaluation scores for each classification. Essentially, a structure of classifications would be established, and classifications with similar scoring would be grouped and spacing between jobs would be determined. 4.6 Develop recommendations of FMA (exemption) status based on results of job evaluation (JAT) review and federal requirements. 4.7 Identify job families and make recommendations for career ladders within the job family for defined career progression. 4.8 Review recommendations with the CPM. KEY PROJECT MILESTONES • Job evaluation scores by class • Recommended classification changes • FLSA determinations • Preliminary job structure based on internal equity Task 5.0 TASK GOALS Identify List of Market Survey . Reach an appropriate number and identify the proper benchmark positions Benchmarks for the external labor market assessment of salary. and Approved List of Targets . Identify and develop a comprehensive list of targets for conducting a successful external labor market assessment of salary. TASK ACTIVITIES 5.1 Identify, from the initial review, a list of classifications (benchmarks) to include in the labor market survey. Note: Evergreen will work with the CPM to select up to loo classifications to use as benchmarks for the salary survey. 12 71 Task 6.0 Conduct Market Salary Survey and Provide External Assessment Summary 5.2 Finalize the list of positions with the CPM. 5.3 For each employee group review with the CPM peer organizations to use as targets for the salary survey. Note: Evergreen will work with the CPM to select up to 20 targets for the salary survey. 5.4 Develop a preliminary list of organizations for the external labor market survey of salary, placing a comparative emphasis on characteristics such as: • size of the organization; • geographic proximity to the Vero Beach area; • economic and budget characteristics; and • other demographic data. 5.5 Develop a list of survey targets by employee group. Develop a system for use of secondary data including potential sources and weighting of secondary data, if necessary. 5.6 Review survey methodology with the CPM and refine survey methodology prior to distribution of the survey. 5.7 After approval of survey methodology, develop contact list of peer organizations and notify peers of impending survey. KEY PROJECT MILESTONES • Final list of benchmark positions for the external labor market assessment salary survey • Initial list of survey peers • Survey methodology • Final list of survey organizations and contacts TASK GOALS • Conduct the external labor market salary survey. • Provide a summary of the market salary survey results to the CPM. TASK ACTIVITIES 6.i Prepare a customized external labor market salary survey for the CPM's approval. Discuss questions and categories for the market survey. 6.2 Contact the targets for electronic completion of the survey. Provide paper copies by fax, if requested. 6.3 Conduct necessary follow-up through e-mails, faxes, and phone calls. 13 72 6.4 Collect and enter survey results into Evergreen's electronic data analysis tools. 6.5 Validate all data submitted. 6.6 Develop summary report of external labor market salary assessment results. 6.7 Submit summary report of external labor market salary assessment results to the CPM. KEY PROJECT MILESTONES • Market survey instrument • Summary report of external labor market salary assessment results Task 7.0 TASK GOALS Develop Strategic • Assess the appropriateness of the current compensation philosophy for the Positioning County. Recommendatio ns . Develop a plan for all employees, providing issue areas and preliminary recommendations for strategic improvement. TASK ACTIVITIES 7.1 Identify the compensation philosophy and accompanying thresholds. 7.2 Using the market salary survey data collected in Task 6.o, and the classification data reviewed in Task 4.o, recommend the appropriate pay plan(s) for the County. 7.3 Produce a pay plan for the County that meets its needs from an internal and external equity standpoint. KEY PROJECT MILESTONES • Proposed compensation strategic direction, taking into account internal and external equity. • Plan for addressing unique, highly competitive positions Task 8.o TASK GOALS Conduct Solution • Conduct analysis comparing job evaluation values. Analysis • Survey results for the benchmark positions. 14 73 • Produce several possible solutions for implementation. 15 74 TASK ACTIVITIES 8.1 Conduct regression analysis or other appropriate techniques to properly slot each classification into the proposed pay plan for the County. 8.2 Place all classifications into pay grades based on Task Activity 8.1. Sort alphabetically by job class title, in descending order by range, and by old class title and new class specifications. 8.3 Create up to three implementation solutions for consideration that take into account the current position of the County as well as the findings from the classification and compensation analysis. Identify and prepare a range of compensation policy alternatives. 8.4 Meet with the CPM to discuss potential solutions. 8.5 Determine the best solution to meet the needs of the County in the short- term and long-term. 8.6 Document the accepted solution. KEY PROJECT MILESTONES • Initial regression analysis • Potential solutions • Documented final solution Task 9.o TASK GOALS Develop and Submit Draft . Developand submit a draft and Final Report of the Employee Compensation County. and Final and Clssification Study to Indian River p Reports . Present the Final Report. TASK ACTIVITIES 9.1 Produce a comprehensive draft report that captures the results of each previous step. Provide the CPM a draft final report for review that will include all costs associated with all recommendations as well as a three- year implementation strategy. 9.2 Make edits and submit one hard copy and an electronic version of the Final Report to the CPM. 9.3 Present the Final Report. 9.4 Develop a communication plan for sharing study results with employees of the County. 9.5 Develop a plan for maintaining recommendations over time. 15 74 Task io.o Develop Recommendations for Compensation Administration KEY PROJECT MILESTONES • Draft and final reports • Final presentation • Communication plan • Implementation and maintenance database TASK GOAIS • Develop recommendations for continued administration by County staff to sustain the recommended compensation and classification system. • Conduct training. TASK ACTIVITIES 10.1 Develop recommendations and guidelines for continued administration and maintenance of the classification and compensation system by County staff, including recommendations and guidelines related to: • how employees will move through the pay structure/system as a result of transfers, promotions, or demotions; • how to pay employees whose base pay has reached the maximum of their pay range or value of their position; • the proper mix of pay and benefits; • how often to adjust pay scales and survey the market; • the timing of implementation; and • how to keep the system fair and competitive over time. 10.2 Recommend recruitment/retention strategies, where appropriate. 10.3 Present recommendations to the CPM for review. 10.4 Finalize recommendations. 10.5 Provide training and tools to Human Resources Department staff to ensure that staff can conduct audits/adjustments consistent with study methods until the next formal study is conducted using Evergreen's JobForce Manager tool that will enable Human Resources staff to estimate future pay plan changes, update market information, make determinations on reclassifications, and create new jobs — allowing for streamlining, and an increase in fairness and transparency of regular compensation and classification tasks after solution implementation. KEY PROJECT MILESTONES • Recommendations for compensation administration • Recommendations for recruitment/retention policies 16 75 • Training on Evergreen's JobForce Manager tool Task ii.o TASK GOAIS Provide Revised Class • Update existing class descriptions. Descriptions • Create new class descriptions as needed, ensuring ADA, FISA, EEO, etc. requirement satisfaction. • Provide final version of all class descriptions/specifications in electronic format (i.e., MS Word). TASK ACTIVITIES 11.1 Assess current class descriptions for form, content, validity, and ADA, FLSA, EEO compliance, etc. 11.2 Discuss any necessary changes to the class description format with the CPM. 11.3 Update classification descriptions based on data gathered from the job evaluation process. 11.4 Create new class descriptions based on Evergreen's proposed classification structure by leveraging data from the job evaluation process, if available. Provide complete listing of the allocation of job classes to salary range assignments. 11.5 Recommend a systematic, regular process for reviewing job descriptions. 11.6 Provide a job analysis tool that can be used by the County when evaluating new positions for placement in the classification and compensation plan (optional). KEY PROJECT MILESTONES • Updated class descriptions • New class descriptions, as needed • FISA Determinations Task 12.0 TASK GOALS Review and Revise • Review and revise current performance management system. Performance Evaluation • Create performance management tools. System TASK ACTIVITIES 12.1 Discuss with the CPM the type of performance evaluation system that will support the County's compensation philosophy. 17 VV 12.2 Review, recommend, and provide solutions for a new pay for performance evaluation/process. 12.3 Design new performance evaluation system and effective performance evaluation tools to evaluate employees. 12.4 Discuss with the CPM evaluation procedures and processes that should be followed by employees regarding the new system. 12.5 Create a new annual performance management tool for employees to use that will tie into the wage study and revised job descriptions. KEY PROJECT MILESTONE • New performance evaluation system and tools. 18 77 Exhibit 2 — Schedule of Fees The total not -to -exceed, fixed price to complete all tasks identified in Exhibit 1 is all inclusive, and includes travel costs (meals and lodging), transportation, fringe benefits, indirect costs (overhead), clerical support, and all other out-of-pocket expenses. The fees include two onsite visits to the County to conduct the study, as most of the work can be performed virtually Fee for Tasks 1 —10 $52,500 Fee for Task ii Ko00 Fee for Task 12 $8,000 Total Fee $68,500 Payment schedule: Completion of Tasks 1-2 $13,125 Completion of Tasks 3-4 $13,125 Completion of Tasks 5-6 $13,125 Completion of Tasks 6-10 $13,125 Completion of Task 11 Wow Completion of Task 12 $8,000 19 78 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 20, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Final Ranking of Firms and Authorization to Negotiate for RFQ 2023057, Design Services for Oslo Park Paving and Drainage Project (IRC - 23o8) BACKGROUND: On May 16, 2023, the Board postponed approval for non -Ad Valorem Assessments for street paving in the Oslo Park area, and directed staff to pursue design, engineering, and cost estimation for the project. The reason for the postponement was due to the County not having a full cost estimate for the project, which will impact the non -Ad Valorem Assessment borne by property owners. Once the project cost estimate is determined staff will meet with the community, share the cost estimate of the project and the associated non -Ad Valorem Assessment amount, and determine the level of support for the project by the affected property owners. In accordance with Section 287.055, Florida Statute (Consultants Competitive Negotiation Act), a request for qualifications (RFQ) was issued on June 21, 2023, and statements of qualifications (SOQs) accepted on July 21, 2023. Three firms submitted SOQs. A selection committee, comprised of Kirstin Leiendecker, Assistant Public Works Director, Adam Heltemes, Roadway Production Manager, Harrison Youngblood, Utilities Engineer, and Ryan Sweeney, Current Development Chief, independently reviewed and scored the SOQs. The committee met, and compiled an initial ranking of firms. All three firms were invited to participate in discussions with the committee, after which, a final ranking of firms was developed. The Committee's final ranking is: 1. Carter and Associates, Inc. 2. Masteller & Moler, Inc. 3. Kimley-Horn and Associates, Inc. Staff is ready to begin negotiations with the top ranked firm, and will bring an agreement to the Board at a meeting in the near future. In addition to design and permitting services to convert approximately 4.5 miles of unpaved residential roadways into 22400t paved roadways, the project is anticipated to entail analyzing and designing improvements to the current drainage system, a full survey of the project area, and community outreach. FUNDING: F -M Presuming the project cost estimate, and more specifically support from property owners for the associated non -Ad Valorem Assessment, this expenditure will be initially funded by Gas Tax with a cash budget amendment. Once the amount of the project is determined, and the assessments begin to be collected, the Gas Tax fund will be reimbursed for expenses over 25% of the project costs. RECOMMENDATION: Staff recommends the Board approve the Committee's final ranking of firms, and authorize negotiations with the top ranked firm in accordance with FS 287.055, and the subsequently ranked firms, should negotiations with the top ranked firm fail. 80 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 20, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Third Amendment to Staffing Agreement with HireQuest Direct for Temporary Day Laborers BACKGROUND: HireQuest Direct was awarded Bid 2021017 for Temporary Day Laborers on February 2, 2021, to provide workers to perform flagging, mowing, and other general labor activities, primarily for the Road and Bridge Division. The first renewal and amendment was approved by the Board on September 21, 2021, and the second renewal and amendment approved by the Board on October 11, 2022. Due to the 9% increase to Florida's minimum wage from $11 to $12, effective September 30, 2023, HireQuest Direct has requested increases to their bid prices as shown on the table below. Staff agrees the requested changes are appropriate, and remains satisfied with HireQuest's performance. Bid 2021017 — Temoorary Dav Laborers FIINnINr; Funding for Bid 2021017 for Temporary Day Laborers will primarily come from the Transportation Fund, Road and Bridge, Contracted Labor Services account, 11121441-033470. 81 General Labor Hourly Rate FDOT-MOT Certified Nagger Labor Hourly Rate Original Bid Pricing $12.55 $13.00 First Extension Bid Pricing $14.22 $14.67 Second Extension Pricing $15.69 $16.38 Requested Pricing for remainder of term $16.93 $17.62 Current Requested Increase 7.9% 7.6% FIINnINr; Funding for Bid 2021017 for Temporary Day Laborers will primarily come from the Transportation Fund, Road and Bridge, Contracted Labor Services account, 11121441-033470. 81 Account Name Account Number FY 2024 Budget Transportation Fund/Road and Bridge/ Contracted Labor 11121441-033470 $60,000 Services RECOMMENDATION Staff recommends the Board approve the Third Amendment, and authorize the Chairman to execute it, after approval by the County Attorney as to form and legal sufficiency. ATTACHMENTS Third Amendment Request for Increase 82 THIRD AMENDMENT TO AGREEMENT FOR TEMPORARY DAY LABORERS This Second Extension and amendment to that certain Agreement to provide temporary day laborers is entered into effective as of October 3, 2023, by and between Indian River County, a political subdivision of the State of Florida ("County") and HireQuest Direct ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Temporary Day Laborers services effective February 2, 2021; and WHEREAS, Article 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of February 2, 2021, the first renewal expired on December 31, 2022, and the second and final renewal will expire on December 31, 2023; and WHEREAS, the parties desire to amend Article 4 — Contract Price; NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension and Amendment. 2. Exhibit A Pricing is amended to reflect General Labor Hourly Rate at $16.93 and FDOT-MOT Certified Flagger Labor Hourly Rate at $17.62, effective October 3, 2022. 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 83 IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed effective the day and year first set forth above. HireQuest Direct INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Joseph H. Earman, Chairman Title: (Corporate Seal) Date: Attest: Ryan L. Buter, Clerk of Circuit Court And Comptroller Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney 84 Sept 20, 2023 HIREQUEST TM r RE: Annual Bid for Day Labor Bid # 2021017 To Our Valued Customer: Indian River County As you may know, on November 3, 2020, Florida voters passed Amendment 2, which will, over a number of years, increase Florida's minimum wage to $15.00 per hour. The next increase will occur September 30, 2023, when Florida's minimum wage increases from $11.00 per hour to $12.00 per hour. To help absorb a portion of the mandated increase in operating costs, we at HireQuest Direct are requesting a bill rate increase, effective September 30, 2023, Effective September 30, 2023, we are requesting the following increase: General Labor: $1.24 Flagger: $ 1.24 Please sign and return this new agreement to replace the existing rates agreed upon. Thank you for your understanding and we will continue to strive to earn your loyalty. Yours in Service, ,.�� Chris Edick Chris.edick@hirequestdirect.com Regional Manager HireQuest Direct Received and accepted by: Date: 4200 54th Avenue North, Suite 101 • St. Petersburg, FL 33714 Phone: 843-376-6070 www.hirequest,com 85 E A Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 9, 2023 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager - Capital Projects Subject: Ixora Park Sewer Rehabilitation, Approval for FDEP Grant Agreement Descriptions and Conditions: Ixora Park Subdivision contains approximately 9,710 linear feet of vitrified clay pipe (VCP) gravity sewer and 23 manholes dating from 1952. A lift station connects the system from the northwest corner of the property into a force main along 15Y Street Southwest. Indian River County Department of Utility Services (IRCDUS) has discovered deficiencies in the VCP through sand buildup and weakening of the roadways, resulting in frequent failures of the sanitary sewer system and sink holes in the community's roadways, presenting a public safety hazard and service interruptions. IRCDUS submitted a Florida Department of Environmental Protection (FDEP) Water Protection grant application for the Ixora Park Sewer Rehabilitation project and was awarded $3,000,000.00 towards "Contractual" costs for the project. Funding will be made available through a cost reimbursement grant, which will require execution of the attached FDEP grant agreement (Agreement No. LPA0306). The FDEP grant has a zero percent (0%) match requirement. Upon execution, Agreement No. LPA0306 will expire on April 30, 2027. Analysis: The FDEP grant has a zero percent (0%) match requirement, and no funding is required for execution of the same. Funding: No funding is required for execution of FDEP grant, Agreement No. LPA0306. Recommendation: Staff recommends the Board of County Commissioners authorize the Chairman to sign the Florida Department of Environmental Protection Grant Agreement No. LPA0306, and all necessary documents in order to effectuate the grant agreement. Attachments: • FDEP Agreement No. LPA0306 • Grant Form 86 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Indian River County Ixora Park Sewer Rehabilitation LPA0306 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Entity Type: Local Government Address: 1801 27th Street, Vero Beach, FL 32960 FEID: 59-6000674 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution April 30, 2027 4. Project Number: Project Location(s): Lat/Long• (27.5999, -80.4059) (Ifdierent from Agreement Number) Project Description: The Grantee will replace the sanitary sewer collection system within Ixora Park neighborhood. 5. Total Amount of Funding: $3,000,000.00 Funding Source? Award #s or Line -Item Appropriations: Amount per Source(s): 0 State ❑Federal LP,GAA LI 1665A, FY 22-23, GR $ 3,000,000.00 ❑ State ❑Federal $ ❑ Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 3,000,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Kathleen Downey Name: Harrison Youngblood or successor Address: Florida Dept. of Environmental Protection 3900 Commonwealth Blvd. Tallahassee, FL 32399-3000 Phone: 850-245-2842 Email: Katie.Downey@FloridaDEP.gov or successor Address: Indian River County Dept. of Utility Services 1801 27th Street Vero Beach, FL 32960 Phone: 772-2664343 Email: hyoungblood@ircgov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: F1 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 2 Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan R Attachment 4: Public Records Requirements 0 Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https:Hfacts.fldfs.com, in accordance with section 215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): 0 Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 0 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Exhibit F: Common Carrier or Contracted Carrier Attestation Form PURI 808 (State) ❑ Exhibit H: Non -Profit Organization Compensation Form (State) DEP Agreement No. LPA0306 Q ii�v. 8/4/23 ❑ Additional Exhibits (if necessary): 8. Federal Award Identification Number(s) Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? "` - ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. Indian River County Grantee Name By GRANTEE (Authorized Signature) Date Signed Joseph H. Earman, Chairman, Indian River BOCC Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT LM Secretary or Designee Angela Knecht, Director, Division of Water Restoration Assistance Print Name and Title of Person Signing 2 Additional signatures attached on separate page. Date Signed DEP Agreement No. LPA0306 Ve `ftev. 8/4/23 DWRA Additional Signatures Kathleen Downey, DEP Grant Manager Deinna Dalton, DEP QC Reviewer 89 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 12 Rev. 10/3/2022 90 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of12 Rev. 10/3/2022 91 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: bZs://www.inyfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateEUenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.com/Division/AA/Vendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment 1 3 of 12 Rev. 10/3/2022 &J a. Salga/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4of12 Rev. 10/3/2022 a] Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. Attachment 1 5of12 Rev. 10/3/2022 94 b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6of12 Rev. 10/3/2022 5-1 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment 1 7of12 Rev. 10/3/2022 96 d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8of12 Rev. 10/3/2022 97 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA). Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 27. Record Keeping. Attachment 1 9of12 Rev. 10/3/2022 98 The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: htttp:Hdos.myflorida.com/library-archives/records-mana ement/general-records-schedulesn. 28. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub-grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: L Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of Attachment 1 10 of 12 Rev. 10/3/2022 99 money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 30. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned funis that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 32. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 33. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 34. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 35. Severability. Attachment 1 11 of 12 Rev. 10/3/2022 100 If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 36. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 37. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 38. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 10/3/2022 101 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. LPA0306 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Indian River County Ixora Park Sewer Rehabilitation (Project). The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2022 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Attachment 2 1 of 3 Rev. 10/11/2022 102 Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. The Grantee will identify the expected return on investment for this project and provide this information to the Governor's Office of Policy and Budget (OPB) within three months of execution of this Agreement. For each full calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days after the end of each quarter, documenting the positive return on investment to the state that results from the Grantee's project and its use of funds provided under this Agreement. Quarterly reports will continue until the Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever occurs first. All reports shall be submitted electronically to OPB at env.roi6Waspbs.state.fl.us, and a copy shall also be submitted to the Department at lecislativeaffairs(iDfloridaDEP.gov. 14. Common Carrier. a. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section Attachment 2 2of3 Rev. 10/11/2022 103 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808 15. Additional Terms. None Attachment 2 3 of 3 Rev. 10/11/2022 104 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Indian River County Ixora Park Sewer Rehabilitation PROJECT LOCATION: The Project will be located in the City of Vero Beach South within Indian River County; Lat/Long (27.5999, -80.4059). PROJECT BACKGROUND: Frequent failures of the Indian River County Ixora Park sanitary sewer system result in sink holes in the community's roadways, presenting a public safety hazard and service interruptions. This sewer system is adjacent to the county's South Relief Canal, a Tributary of the Indian River Lagoon (IRL). The Ixora Park neighborhood is currently connected to the County sewer system through delivery methods that are of a deficient nature creating potential impacts to the IRL. This Project will consist of phasing out users connected to the sewer system with deficient connections and reconnecting those residents back to the rehabilitated system, thereby protecting the IRL from inadvertent impacts. PROJECT DESCRIPTION: Indian River County (Grantee) will rehabilitate and replace the sanitary sewer collection system within the Ixora Park neighborhood (approximately 9,700 linear feet (LF) of vitrified clay pipe) that has reached the end of its service life. The Grantee will relocate the water mains and meter boxes from the back of parcels to the Right of Way line, along the front of the property lines, making the utility easier to maintain and repair. The Grantee does not anticipate that the funding under this Agreement will result in a fully completed project, so this Agreement will cover a portion of the work. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Design and Permitting Deliverables: The Grantee will complete the design and obtain all necessary permits for construction of the Indian River County Ixora Park Sewer Rehabilitation Project. Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 2) a summary of design activities to date, indicating the percentage of design completion for the time period covered in the payment request. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task and a list of all required permits identifying issue dates and issuing authorities. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 2 : Bidding and Contractor Selection Deliverables: The Grantee will prepare a bid package, publish a public notice, solicit bids, conduct pre-bid meetings, and respond to bid questions in accordance with the Grantee's procurement process, to select one or more qualified and licensed contractors to complete construction of the Ixora Park Sewer Rehabilitation. DEP Agreement No. LPA0306, Attachment 3, Page 1 of 3 105 Documentation: The Grantee will submit: 1) the public notice of advertisement for the bid; 2) the bid package; and 3) a written notice of selected contractor(s). Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement following the conclusion of the task. Task 3: Proiect Management Deliverables: The Grantee will perform project management, to include field engineering services, construction observation, site meetings with construction contractor(s) and design professionals, and overall project coordination and supervision. Documentation: The Grantee will submit interim progress status summaries including summary of inspection(s), meeting minutes and field notes, as applicable. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 4: Construction Deliverables: The Grantee will construct a new sanitary sewer collection system and relocate water main lines in accordance with the construction contract documents. Documentation: The Grantee will submit 1) a copy of the final design; 2) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 3) a signed Engineer's Certification of Payment Request. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 5: Connection to Central Sewer Deliverables: The Grantee will properly disconnect approximately 311 residential sewer users who have deficient connections and reconnect the users to the existing Indian River County sewer system, once the new sewer collection system is in place. Documentation: The Grantee will submit 1) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; 2) a list of addresses and types of the properties DEP Agreement No. LPA0306, Attachment 3, Page 2 of 3 106 connected; and 3) proof of connection for each property, as evidenced by copies of invoices for connections by a licensed plumber, utility contractor, or building contractor. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task Budget Grant Task Task No. Task Title Category Amount Start Date End Date 1 Design and Permitting Contractual $30,000 07/01/2022 10/31/2026 Services 2 Bidding and Contractor Contractual $150,000 07/01/2022 10/31/2026 Selection Services 3 Project Management Contractual $320,000 07/01/2022 10/31/2026 Services 4 Construction Contractual $2,000,000 07/01/2022 10/31/2026 Services 5 Connection to Central Contractual $500,000 07/01/2022 10/31/2026 Sewer Services Total: $3,000,000 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LPA0306, Attachment 3, Page 3 of 3 107 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. services(i0oridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1of1 Rev. 4/27/2018 108 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", YDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.eov Attachment 5 1 of 6 BGS -DEP 55-215 revised 12/14/2020 109 PART H: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hgps:H=s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hM://www.leg.state.fl.us/Welcome/index.cfin, State of Florida's website at hM://www.myflorida.com/, Department of Financial Services' Website at hM://www.fldfs.com/and the Auditor General's Website at bttv://www.myflorida.com/audgen/. PART HI: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2of6 BGS -DEP 55-215 revised 12/14/2020 110 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at htW://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPS ingleAudia,dep. state. fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor._ , provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPS in gleAudit(i4dep. state. fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS -DEP 55-215 revised 12/14/2020 111 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS -DEP 55-215 revised 12/14/2020 112 obi Y W ci 0 0 VJ 0 r 0 � 0 r 0 tA W � o. o W a o 0 Vl �U H �U d d 0 N 0 o O � � U U d b b w w �I YL a Y w w A � A d o y U � U .Q U L ox d d� d� H U U sem. U Uz 0 a d Z a w Ix d oc d � � w w w d h L � C 00 d DD W L wa Awa Y W ci VJ � W � W 0 Vl H N o � � U U d a � w w � d y � H H U U ed iii VUp � Y W ci t3 O a ai O O SOI X0..11 o, a QU ¢U L bla 0 Q/ 0 O 0 oo Go ¢ CO ¢ Ci � Obe b FTI w en w y u sv L O 0 o .� a tw Q O p O a R Ja U U � U U w O y .p O U a In A O d y rn z z U M U d U U �.d M L N a' c Lw N w a' U ° •� U o � � •o w w 3 t# d 9 Y y d y u L �1" 2ato Awa rA o� wa ai O O .p o ate+ 0 rA o rA o O N CO ¢ Ci Obe 0 w en w sv .n 0In o .� Vi O p O a U U Gn o yr In A O rn z z U M U d �.d M N c Lw N w a' U ° •� U t# Y 9 Y y u �1" 2ato rA o� ai STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form DEP Agreement No.: LPA0306 Project Title: Indian River County Ixora Sewer Rehabilitation Grantee Name: Indian River County BOCC Grantee's Grant Manager: Harrison Youngblood Reporting Period: I Select Quarter - 2023 Provide the following information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period, provide an update on the estimated completion date for each task, and identify any anticipated delays or problems encountered. Use the format provided below and use as many pages as necessary to cover all tasks. Each quarterly progress report is due no later than twenty (20) days following the completion of the quarterly reporting period. Task 1: Design and Permitting ■ Progress for this reporting period: ■ Identify delays or problems encountered: Task 2: Bidding and Contractor Selection ■ Progress for this reporting period: ■ Identify delays or problems encountered: Task 3: Proiect Management ■ Progress for this reporting period: ■ Identify delays or problems encountered: Task 4: Construction ■ Progress for this reporting period: ■ Identify delays or problems encountered: Task 5: Connection to Central Sewer ■ Progress for this reporting period: ■ Identify delays or problems encountered: Exhibit A, Page 1 of 2 115 Completion Status for Tasks: Indicate the completion status for the following tasks, if included in the Grant Work Plan. For construction, the estimated completion percentage should represent the work being funded under this Agreement. Design (Plans/Submittal): 30% ❑, 60% ❑, 90% ❑, 100% ❑ Permitting (Completed): Yes ❑, No ❑ Construction (Estimated): % This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager (Original Ink or Digital Timestamp) Exhibit A, Page 2 of 2 Date 116 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: https:Hfloridadep.gov/wra/wra/documents/payment-request-summary-form Please use the most current form found on the website, linked above, for each payment request. 117 GRANT NAME: Ixora Park Sewer Rehabilitation GRANT # LPA0306 AMOUNT OF GRANT: $3,000,000 DEPARTMENT RECEIVING GRANT: Utility Services CONTACT PERSON: Howard Richards TELEPHONE: 772-226-1821 1. How long is the grant for? At the time of execution date until April 30, 2027 Starting Date: Upon execution 2. Does the grant require you to fund this function after the grant is over? Yes X 3. Does the grant require a match? Yes x No If yes, does the grant allow the match to be In -Kind services? Yes No 4. Percentage of match to grant 0.00 0 5. Grant match amount required $0 00 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? N/a 7. Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes ___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 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? Signature of Preparer: Date: 118 Grant Amount Other Match Costs Not Covered Match Total First Year $3.000.000 $ 0 $0.00 $3,000.000.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 118 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 21, 2023 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager - Capital Projects Subject: Kimley-Horn and Associates, Inc. Construction Phase Services for Utility Work by Highway Contractor Projects Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) is required to relocate and/or adjust existing utilities in order to avoid conflicts with roadway improvements by Florida Department of Environmental Protection (FDEP) in conjunction with IRC Department of Public Works (IRCDPW). Three (3) projects that are underway include: • Oslo Road/1-95 Interchange; • Oslo Road Widening from 58th Avenue to 82nd Avenue; and • 66th Avenue Roadway Improvements Phase II from 69th Street to 851h Street On July 16, 2019, the Indian River County (IRC) Board of County Commissioners (BCC) approved Work Order (WO) 18 to Kimley-Horn and Associates, Inc. (KHA) to provide engineering and design services for relocation and extension of water and sewer mains related to the Oslo Road/1-95 Interchange. On June 8, 2021, the BCC approved WO 41 to KHA to provide engineering and design services to relocate existing water main and plan for future mains within the corridor for the Oslo Road Widening. Then on September 20, 2022, the BCC approved WO 55 to KHA to provide engineering, design, and permitting for utility extensions, stub -outs, and conflict resolutions with storm drainage and roadway improvements associated with the 66th Avenue Roadway Improvements. KHA has completed all work for the each of the projects listed above under WO's 18, 41, and 55, respectively. The construction phase for the projects were incorporated into Utility Work by Highway Contractor Agreements (UWHCA) between the BCC and Florida Department of Transportation (FDOT). FDOT has subsequently awarded construction contracts for all three projects. Analysis: IRCDUS desires to retain the services of KHA to provide construction phase services for the projects to ensure that construction of the utilities is done in accordance with IRCDUS standards. Pursuant to the Continuing Contract Agreement dated May 2, 2023, KHA provided the attached three scopes of services: 119 Consent Item WO 3 for Oslo Road/1-95 Interchange construction phase services in the amount of $95,240.00; WO 4 for Oslo Road Widening construction phase services in the amount of $106,940.00; and WO 5 for 66th Avenue Roadway Improvements Phase II construction phase services in the amount of $24,135.00. Funding: Expenses for these projects will be recorded in the operating capital accounts, as follows: $95,240.00 will come from the Utilities/WIP/1-95 Interchange @ Oslo Rd account, number 471-169000-23501; $106,940.00 will come from the Utilities/WIP/Oslo Rd Improve 58th to 82nd account, number 471-169000-21548; and, $24,135.00 will come from the Utilities/WIP/661h Ave Utility Relocations account, number 471-169000-22516. Since these are operating capital projects, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Description Account Number Amount Utilities / WIP / 1-95 INTERCHANGE @ OSLO RD 471-169000-23501 $ 95,240.00 Utilities / WIP / OSLO RD IMPROVE -58TH TO 82ND 471-169000-21548 $106,940.00 Utilities / WIP / 66TH AVE UTILITY RELOCATIONS 471-169000-22516 $ 24,135.00 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order Nos. 3, 4, and 5 with Kimley- Horn and Associates, Inc. in the amounts of $95,240.00, $106,940.00, and $24,135.00, respectively, to provide construction phase services, and authorize the Chair to execute the same. So long as there are no changes in the dollar amount under the work orders, upon adequate completion of the work set forth in the work orders, staff is directed to make final payments to Kimley-Horn and Associates, Inc., after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: • Kimley-Horn WO 3 • Kimley-Horn WO 4 • Kimley-Horn WO 5 120 WORK ORDER _ Project ID 41.23.501 This Work Order Number _ is entered into as of this _ day of pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: z — L-- — — Print Na "7r"C,1M 1.At.,so?-- BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman BCC Approval Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney 121 EXHIBIT #A Oslo Road Interchange Utility Improvement Project Project ID 41.23.501 PROJECT UNDERSTANDING Indian River County Department of Utilities Services (IRCDUS) is relocating approximately 3,400 linear feet of 16" PVC water main, 3,400 linear feet of 16" PVC sanitary force main and 3,400 linear feet of 12" PVC reuse main in conjunction with the Florida Department of Transportation (FDOT) 1-95 & Oslo Road interchange project. IRCDUS has asked that Kimley-Horn and Associates, Inc. (CONSULTANT) provide professional engineering services for post bid plan revisions that have arisen from FDOT comments and to provide construction phase services for the IRCDUS utility relocations. The following scope of services details the professional engineering services for the post bid plan revisions and construction phase services associated with the 1-95 and Oslo Road Interchange Project. SCOPE OF SERVICES Task 1— Post Bid Plan Revisions The CONSULTANT will make plan revisions to remove proposed utilities west of old 82"d Avenue. The CONSULTANT will coordinate with FDOT and FDOT's consultant about additional roadway design change per FDOT Plans Revision 4. The CONSULTANT will incorporate the FDOT design changes into the COUNTY's utility plans and will review the design revisions for potential conflicts. The CONSULTANT will prepare the appropriate utility plan revisions and submit the Plan Revision 4 package to FDOT. Task 2 - Construction Phase Services The CONSULTANT will provide professional construction phase assistance as specifically stated below: 1. Pre -Bid Meeting. The CONSULTANT will attend the pre-bid meeting to assist the COUNTY in describing the scope of work contained with the construction documents. The CONSULTANT shall provide oral and/or written clarifications to questions presented relative to the scope of work identified within the construction documents. 122 2. Clarifications and Interpretations. The CONSULTANT will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to the COUNTY as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the COUNTY. 3. Change Orders. The CONSULTANT may recommend Change Orders to the COUNTY and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. 4. Shop Drawings and Samples. The CONSULTANT will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 5. Applications for Payment. All applications for payment will be reviewed and approved by the COUNTY. 6. Final Notice of Acceptability of the Work. The County will be responsible for project acceptance, as -built drawing review and permit certifications. 7. Limitation of Responsibilities. The CONSULTANT shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. The CONSULTANT shall not have the authority or responsibility to stop the work of any Contractor. S. Record Drawing Review and Permit Certification. The CONSULTANT will review the Record Drawings as submitted by the Contractor. Based upon receiving acceptable Record Drawings from the Contractor, the CONSULTANT will prepare and submit certifications to the following jurisdictional agencies: • Florida Department of Environmental Protection 9. Final Notice of Acceptability of the Work. The CONSULTANT will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in 123 company with the COUNTY and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. The CONSULTANT will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that the PROFESSIONAL may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, the CONSULTANT shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of the CONSULTANT's knowledge, information, and belief based on the extent of its services and based upon information provided to CONSULTANT upon which it is entitled to rely. SCHEDULE Upon authorization to proceed by the COUNTY, the services identified above are anticipated to extend through the duration of project construction, which is estimated to be approximately 24 months. FEE SCHEDULE We will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professioiial Services dated May 2"d, 2023 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY) and Kimley-Horn and Associates, Inc., (CONSULTANT): Professional Services Fee The basic compensation mutually agreed upon by the CONSULTANT and the COUNTY is as follows: Lump Sum Task Labor Fee Task 1— Post Bid Plan Revisions $ 14,980 Cost Plus Max Task Task 2 - Construction Phase Services $ 80,260 124 k 2 a Cl) RS t ® U3, ■ 0q 7 B% �\ Q ^ e CL to z/ e a CD 0/ .0 a]o \ - �CL _ L* O)o ^~ aq @ §°o / /kb 2 �~ �k k _ 8 k - � � 2 a k w2 t2 #c � k� �§ CL� }3 in C4 T-0 A a- 0 / 2 4) c k k 0 m y L E y c E N _O L C E N L O r- a -M N M oO N V O aN co N O U) _ O U) O a` R c 0 IA = V ON N m OJ O a` y c 0 dN O O N N O V � w O d fE C O O C N m V O O IN/1 Ol N LO � O a` m a_ U O O Lo C N N a C W N LL E LL _N C y W C O — c a o� N �i C C R N O G y0. F- C E d O N C N d fn 2 C _ C d CO C O 't W c 3 u U U i ` c O y U V U w U v d a O O c y L O O O U U r N `m E o a� a� CD m G O N 0 N N N O a` m 0 N_ O O En N N N O CL a � � c 0 N h rnw � o CL c o C N N V N U) N O a` @U a C 0 N N a a Y cu c F O N 7 c C N O_ 6 N N O N d U N O 0 1 1 0 aC LL d WORK ORDER Project ID 41.21.548 This Work Order Number _ is entered into as of this _ day of pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: _J1) Print Name: -' r cora Title: _ 4"* C4 ftm By: Joseph H. Earman, Chairman BCC Approval Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney 128 EXHIBIT #A Oslo Road Widening Utility Improvement Project Project ID 41.21.548 PROJECT UNDERSTANDING Indian River County Department of Utilities Services (IRCDUS) is relocating approximately 10,200 linear feet of 16" PVC water main, 3,700 linear feet of 16" PVC sanitary force main and 3,700 linear feet of 12" PVC reuse main in conjunction with the Florida Department of Transportation (FDOT) Oslo Road widening project from SW 82"d Avenue to 58th Avenue. IRCDUS has asked that Kimley-Horn and Associates, Inc. (Consultant) provide professional engineering services for post bid plan revisions that have arisen from FDOT comments and to provide construction phase services for the IRCDUS utility relocations. The following scope of services details the professional engineering services for the post bid plan revisions and construction phase services associated with the Oslo Road widening project from SW 82nd Avenue to 58th Avenue. SCOPE OF SERVICES Task 1— Post Bid Plan Revisions The CONSULTANT will make design and plan revisions as necessary to accommodate the FDOT design revisions associated with the full access median opening for MWI Pumps and the revised cross drain located approximately 2,900 linear feet east of 74th Avenue. Task 2 - Construction Phase Services The CONSULTANT will provide professional construction phase assistance as specifically stated below: 1. Pre -Bid Meeting. The CONSULTANT will attend the pre-bid meeting to assist the COUNTY in describing the scope of work contained with the construction documents. The CONSULTANT shall provide oral and/or written clarifications to questions presented relative to the scope of work identified within the construction documents. 2. Clarifications and Interpretations. The CONSULTANT will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications 129 and interpretations of the Contract Documents to the COUNTY as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the COUNTY. 3. Change Orders. The CONSULTANT may recommend Change Orders to the COUNTY and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. 4. Shop Drawings and Samples. The CONSULTANT will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 5. Applications for Payment. All applications for payment will be reviewed and approved by the COUNTY. 6. Final Notice of Acceptability of the Work. The County will be responsible for project acceptance, as -built drawing review and permit certifications. 7. Limitation of Responsibilities. The CONSULTANT shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. The CONSULTANT shall not have the authority or responsibility to stop the work of any Contractor. 8. Record Drawing Review and Permit Certification. The CONSULTANT will review the Record Drawings as submitted by the Contractor. Based upon receiving acceptable Record Drawings from the Contractor, the CONSULTANT will prepare and submit certifications to the following jurisdictional agencies: • Indian River Farms Water Control District • Florida Department of Environmental Protection 9. Final Notice of Acceptability of the Work. The CONSULTANT will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with the COUNTY and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete 130 following satisfactory completion of all items with the exception of those identified on a final punch list. The CONSULTANT will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that the PROFESSIONAL may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, the CONSULTANT shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of the CONSULTANT's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. SCHEDULE Upon authorization to proceed by the COUNTY, the services identified above are anticipated to extend through the duration of project construction, which is estimated to be approximately 24 months. FEE SCHEDULE We will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated May 2"d, 2023 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY) and Kimley-Horn and Associates, Inc., (Consultant): Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Task Labor Fee Task 1— Post Bid Plan Revisions $ 14,980 Cost Plus Max Task Task 2 - Construction Phase Services $ 91,960 131 0- E E D N M N m a Ix V C) O � CL y, 3 to 00 16 N O C f0 O 4 C%i w is O C. CD C N r Q o ulcm n � N O a` 00 O o0 O w O N '00 N d w EA tea` enc 0)o cC N (O Q G O sem s}} C y N 63 N M O IL v v`V no ie 10 co C. tt d 0 ro J O � iL W V ~ �a .�R N� I. 4. OLL �a32 d CQ N M N m a M M Y IC N L O � G E N D L C E N L 00 O C N Cl)Cl) o0 N V ( CL 7 N A O N _ O 0 O CL` R 0 In tl co 0 7 Cl N N O N O a` a � m c O r N O O p .- fA �O a` m c a N OO �fJ O O C O N d N W u7 M N O � O rt3 _O. C N o a U LLJ E LL LL U) m ft c w — N c v � o = - � � aNi c o O d' C O N l0 N C C C A � c a O R N O U N O U O V N U d s m v r o o CL a� cn m 0 �to N 0 O a` m 0 w O a v c N o 0 �a a o (L R C Q O d y � O a` m U CL a x in ca O Fm c O 15 N 7 C O C 4 O cn m N O oU m c 0 m m a 0 0 a` IV M m m a WORK ORDER _ Project ID 41.22.516 This Work Order Number _ is entered into as of this _ day of , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: —D— . . z S P— . .1 — Print Nal 71�&C,*rA LJ1)W&oa Title: (assoea as[— For work under $36,000 only BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney Purchasing Approval: Department Head Approval: GL# EXHIBIT #A 66t" Avenue Phase II Utility Adjustments Construction Phase Services Project ID 41.22.516 PROJECT UNDERSTANDING Indian River County Department of Utilities Services (IRCDUS) is relocating approximately 600 linear feet of 4" PVC sanitary force main, 200 linear feet of 6" PVC water main, 150 linear feet of 12" PVC water main and 200 linear feet of 16" PVC water main in conjunction with Indian River County Public Works 66th Avenue Phase II Widening from 69th Street to SR-510/85th Street project (IRC -15058). IRCDUS has asked that Kimley-Horn and Associates, Inc. (CONSULTANT) provide professional engineering services for construction phase services associated with the utility adjustments/relocations. The following scope of services details the construction phase services associated with the IRCDUS utility adjustments for the Indian River County Public Works 66th Avenue Phase II Widening from 69th Street to SR-510/85th Street project (IRC -15058). SCOPE OF SERVICES Task 1- Construction Phase Services The CONSULTANT will provide professional construction phase assistance as specifically stated below: 1. Pre -Bid Meeting. The CONSULTANT will attend the pre-bid meeting to assist the COUNTY in describing the scope of work contained with the construction documents. The CONSULTANT shall provide oral and/or written clarifications to questions presented relative to the scope of work identified within the construction documents. 2. Clarifications and Interpretations. The CONSULTANT will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to the COUNTY as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the COUNTY. 3. Change Orders. The CONSULTANT may recommend Change Orders to the COUNTY 136 and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. 4. Shop Drawings and Samples. The CONSULTANT will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 5. Applications for Payment. All applications for payment will be reviewed and approved by the COUNTY. 6. Final Notice of Acceptability of the Work. The County will be responsible for project acceptance, as -built drawing review and permit certifications. 7. Limitation of Responsibilities. The CONSULTANT shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. The CONSULTANT shall not have the authority or responsibility to stop the work of any Contractor. 8. Record Drawing Review and Permit Certification. The CONSULTANT will review the Record Drawings as submitted by the Contractor. Based upon receiving acceptable Record Drawings from the Contractor, the CONSULTANT will prepare and submit certifications to the following jurisdictional agencies: • Indian River County • Florida Department of Environmental Protection • Sebastian River Improvement District 9. Final Notice of Acceptability of the Work. The CONSULTANT will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with the COUNTY and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. The CONSULTANT will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that the PROFESSIONAL may recommend, in 137 writing, final payment to Contractor. Accompanying the recommendation for final payment, the CONSULTANT shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of the CONSULTANT's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. SCHEDULE Upon authorization to proceed by the COUNTY, the services identified above are anticipated to extend through the duration of project construction, which is estimated to be approximately 18 months. FEE SCHEDULE We will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated May 2"d, 2023 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY) and Kimley-Horn and Associates, Inc., (Consultant): Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Cost Plus Max Task Task 1- Construction Phase Services $ 24,135 138 N D U 0 N oI a� D 0 a Z E a� rn n a � w c n Q L r c m 41 Z R X1+1 CO H (X IT ON M d m a C N r N O ✓_ W bq 3 N 409, N O O O Go C O O to 0 4 a s CD uul C 0 a6 O 0. I o O� o c °O w .Y2 a dw� tea` �y C 601 N fA N V! a` `r o m _ N •y M a 11 LL `9 ti w Y� C it e1 If a Z S4 ON M d m a Y N CL m CL U U) m Ol O Q. m C O w — O N O c0 N N O CL V m N C U) p N d �O a` c o a CN p N N a a � o CL` a U c a a a` ti u, 3 a o m c w N v W n N N N � C O CL C � m U Y d O 3 N m p N m d c O �. O C c v a m r up E _ , o o E c p cclu OL m u U N c Om c m m m m 0 3 m o U o U ❑ � CD � N N d d U a cn a c a a W INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Eric Charest, Interim Natural Resources Director SUBJECT: Sector 4 Hurricanes Ian and Nicole Dune Restoration Project, Coastal Tech Work Order No. 2023051-02, Design, Permitting, and Bidding Services DATE: September 22, 2023 DESCRIPTION AND CONDITIONS On August 29, 2023, the Board of County Commissioners (Board) approved a contract with Coastal Technology Corporation (Coastal Tech) for professional coastal engineering and biological support services related to the management and dune restoration of the Sector 4 beach project area. The Sector 4 project area is a 2.9 mile section of shoreline that extends from Florida Department of Environmental Protection (FDEP) Reference Monument R-55 in the north (approximately mile south of the Turtle Trail Beach Access) to R-70 in the south (approximately Y2 mile north of the Tracking Station Beach Park). The Sector 4 project area sustained damage from Hurricanes Ian and Nicole in late 2022 and is in need of a large-scale dune restoration project to maintain protection to upland properties and infrastructure. The proposed Work Order No. 2023051-02 will build upon the conceptual design and pre - application efforts performed by Coastal Tech under Work Order 2023051-01. Work Order No. 2023051-02 includes three (3) separate tasks pertaining to the final design, obtaining the necessary permitting and also providing bidding services to the County for the Sector 4 Hurricanes Ian and Nicole Dune Restoration Project. Work Order No. 2023051-02 is for a lump sum amount of $79,630.00. Work orders related to construction phase services will be addressed through subsequent work orders. Funding in the amount of $17,518.60 will come from the Coastal Engineering Fund/CIP/Hurricane Ian — Sector 4 account number 12814472-066515-22601, along with $62,111.40 from the Coastal Engineering Fund/CIP/Storm Nicole — Sector 4 account number 12814472-066515-23007. Account Name Account No. I Amount Coastal Engineering Fund/CIP/Hurricane Ian —Sector 4 12814472-066515-22601 $17,518.60 Coastal Engineering Fund/CIP/Hurricane Nicole —Sector 4 12814472-066515-23007 $62,111.40 141 Page 2 Coastal Tech WO 2023051-02 Design, Permitting and Bidding Services October 31 2023 BCC Agenda Item RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 2023051-02 to the contract with Coastal Technology Corporation and authorize the Chairman to sign on behalf of the County. ATTACHMENT 1. Coastal Tech Work Order No. 2023051-02 2. Work Order No. 2023051-02 Agreement Execution APPROVED AGENDA ITEM FOR: OCTOBER 3, 2023 142 Indian River County Work Order Number - 2 Sector 4 Dune Restoration Project Exhibit 1 - Scope of Work Exhibit 1 - Scope of Work Sector 4 Dune Restoration Project Introduction: This Work Order provides for services for Preliminary and Final design, Permitting, and to support bidding for a dune restoration project within Sector 4 (Project). The "Indian River County Beach Preservation Plan Update" (BPP, adopted June 2020) defines the limits of Sector 4 from Florida Department of Environmental Protection (FDEP) Reference Monument R-55 (about 3/4 mile south of the northern limit of John's Island) to R-72 (near Surf Lane at the north limits of the County's Tracking Station Beachfront Park). The County's Sector 5 project nourished the beach and dune within the City of Vero Beach and included the Sector 4 segment from R-70 to R-72; this small segment is not included in the proposed Sector 4 Project. The 2020 BPP identifies that the beach and dune within Sector 4 experienced (a) accretion prior to 2005, and (b) shoreline retreat at an average of 1.7 ft/yr from 2013 to 2019. To offset the more recent erosion, various upland private property owners have performed dune restoration projects following significant hurricane events. The dune system within Sector 4 and elsewhere within Indian River County were most recently damaged by Hurricane's Ian and Nicole in 2022, Under prior authorization, Coastal Tech (a) developed a conceptual design for Sector 4 dune restoration, and (b) attended pre -application meetings with U.S. Army Corps of Engineers (USACE) and FDEP staff. The Conceptual Design Report for the Sector 4 Dune Restoration Project limits sand placement in the dune intended to avoid (a) impacts to nearshore hardbottom, and (b) typically associated FDEP and USACE requirements for nearshore hardbottom monitoring - typical for beach restoration projects proposed in close proximity to nearshore hardbottom. The work is proposed to be performed by Coastal Technology Corporation (Coastal Tech) with support by CSA Ocean Sciences Inc. (CSA) and Ecological Associates, Inc. (EAI). Task 1 — Design: The Conceptual Design Report 'summary letter report's — prepared under separate authorization - will serve as the basis for the Preliminary and Final Design of the Project. Task la — Preliminary Design: Coastal Tech will expand the Conceptual Design Report to develop a Design Document — as identified during the FDEP and USACE pre -application meetings - to include: • characterization of Sector 4 native beach sands based upon (a) testing performed within Sectors 3 and 5, and (b) data as may be available from FDEP and the Florida Geological Survey; • a Sediment QC/QA Plan - per FDEP standards; • a Physical Monitoring Plan — per FDEP standards; • Preliminary Design Drawings — in the form of 8.5" x 11" Permit Sketches — for the proposed Project including representative cross-sections and a plan view clearly depicting the beach access locations and staging areas; • the proposed construction schedule; • an brief assessment of the following alternatives: No Action, Dune Restoration, and Beach & Dune Restoration — citing a brief description of each alternative, the pros/cons associated with each alternative, and why dune restoration is (a) the most appropriate alternative that best avoids and then minimizes the impacts to protected species/resources, and (b) best meets the goals and objectives of the County. Page 1 of 3 September 22, 2023 143 Indian River County Work Order Number - 2 Sector 4 Dune Restoration Project Exhibit 1 - Scope of Work Coastal Tech will: prepare draft Technical Specifications. provide the draft Design Document and Technical Specifications to the County for review and acceptance. Task lb — Final Design: Coastal Tech will prepare final design drawings — in the form of 24" x 36" drawings for the proposed Project — consistent with the USACE and FDEP permits for the Project obtained under Task 2. The drawings shall be prepared after permit issuance or otherwise as requested by the County. Final design drawings shall include Technical Specifications suitable for construction purposes. Task 2 — Permitting Task 2a — Permit Applications: In general, Coastal Tech will prepare and submit permit application forms to allow multiple nourishments over a 15 year period — expected to include: (a) an FDEP Joint Coastal Permit, and (b) USACE application "ENG FORM 4345" for a USACE Standard Permit. The applications shall include the following information: a) response to each application item; b) permit sketches (preliminary design drawings) prepared under Task 1a; c) Pre -Application conference reports developed under prior authorization; d) recent aerial with limits of the Project fill area superimposed; e) the Design Document prepared under Task la, f) a draft Sediment QC/QA Plan; and g) a draft Physical Monitoring Plan. Coastal Tech will review the draft permit applications with the County and incorporate revisions as appropriate, prior to submitting the applications to FDEP and USACE. The County will provide all application fees, publishing fees, and any additional surveys, investigations, testing, or reports as may be required by the agencies. The County will execute the applications designating Coastal Tech as the County's agent. Task 2b — Permit Processing: Coastal Tech will make informal contact with FDEP and USACE staff to address staff questions regarding the application and Project. Coastal Tech will compile, clarify, and provide existing information as may be requested by FDEP and USACE staff. Coastal Tech will represent the Project before regulatory staff toward obtainment of permits and to negotiate acceptable permit conditions, as (a) may be required by the USACE and FDEP, and (b) as acceptable to the County. Coastal Tech with the assistance of EAI, and CSA via sub -contract with Coastal Tech, will respond to any reasonable staff requests for additional information (RAI) as related to sea turtles and hardbottom. It is expected that the FDEP and USACE may each issue up to two RAIs. Task 3 — Bidding Phase Services: Coastal Tech will assist the County with solicitation of bids to provide for construction of the Project via use of upland sand sources Task 3a — Bidding: Coastal Tech will assist the County with preparation of Bid Documents and solicitation of bids and award of a construction contract for the Project. Coastal Tech will revise the Drawings and Technical Specifications - prepared under prior authorization - to (a) reflect the any revisions requested by the County, and (b) address the bid dates identified by the County. Coastal Tech will assist the County with review and Page 2 of 3 September 22, 2023 144 Indian River County Sector 4 Dune Restoration Project Work Order Number - 2 Exhibit 1 - Scope of Work compilation of "front-end" bid documents developed by the County - to check for consistency with the Drawings and Technical Specifications. Prior to receipt of bids, during the bidding phase, Coastal Tech will: 1) address questions from prospective bidders as directed by the County, 2) attend a pre-bid meeting to clarify the proposed construction and address questions posed by prospective bidders, and 3) draft addendum to the Bid Documents — as requested by the County. Task 3b — Evaluation of Bids & Contract Award: Upon receipt of bids, the County will verify that each bid entails a valid bid, including the County's insurance/bond requirements for the work. For the valid bids identified by the County, Coastal Tech will: 1) assess and review the bids to prepare a summary -draft -ranking of the bids, 2) meet with the County to review the results and confirm the recommended ranking of bids, and 3) make a recommendation to the County for Construction Contract award and assist the County with negotiation of a Construction Contract. General: The table below summarizes the proposed fees and expected schedule for the work. Task 1, 2, and 3 services will be provided at the cited flat fee. Notice To Proceed -------------- October 3, 2023 - -- - _- Task Description Subtask Total Task Total Start Finish Das 3 -Oct -23 31 -Oct -23 28 1 -Design $37,320 3 -Oct -23 17 -Oct -23 14 1b - Preliminary Design $22,020 17 -Oct -23 31 -Oct -23 14 1c - Final Design $15,300 17-0ct-23 30 -Jan -24 105 2-Permittin $30,150 17 -Oct -23 1 -Nov -23 15 2b - Permit Applications $9,160 1 -Nov -23 s 30 -Jan -24 90 2c - Permit Processing $20,990 17-0ct-23 30 -Nov -23 44 3 - Bidding Phase $12,160 17 -Oct -23 16 -Nov -23 30 3a - Bidding Phase $6,520 16 -Nov -23 I 30 -Nov -23 14 3b - Evaluation of Bids & Contract Award $5,640 11 Total Costs: 1 $79,630 Page 3 of 3 September 22, 2023 WORK ORDER NUMBER 2023051-02 SECTOR 4 HURRICANES IAN AND NICOLE DUNE RESTORATION PROJECT This Work Order Number 2023051-02 is entered into as of this day of , 2023 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 4 Agreement for Professional Services entered into as of August 29, 2023 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Coastal Technology Corporation ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Coastal Technology Corporation OF INDIAN RIVER COUNTY By: By: P.E. Joseph Earman, Chairman Title: Attest: Ryan L. Butler, Clerk of Court and Comptroller Date: By: (Seal) Deputy Clerk Approved: By: John Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: Un William K. DeBraal, County Attorney 146 0 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean A. Lieske, Acting Public Works Director FROM: Kirstin Leiendecker, P.E., Assistant Public Works Director SUBJECT: Purchase of Mitigation Credits for IRC Fire Rescue Station # 7, IRC -1911 DATE: September 21, 2023 DESCRIPTION AND CONDITIONS The proposed site for Indian River County Fire Rescue Station # 7 is located on 2.8 acres at 98th Avenue and 26th Street in Fellsmere, Florida. During the permitting review process, St. Johns River Water Management District (SJRWMD) requires the purchase of 0.10 mitigation bank credits to offset wetland impacts prior to issuing SJRWMD Permit # 200266-1. The attached Basin 22 Mitigation Bank Credit Reservation and Purchase Agreement (State) is to reserve 0.10 mitigation bank credit(s) in connection with mitigating adverse wetland impacts which may arise as a result of the construction of Fire Rescue Station #7. Payment is to be made to Gould Cooksey Fennell, PLLC (Christopher H. Marine, Esq.) as Escrow Agent for the Basin 22 Mitigation Bank in the total amount of $26,500.00. FUNDING Funding in the amount of $26,500.00 is budgeted and available from the following account: Account Name Account Number Amount Optional Sales Tax/Fire Station #7 Construction 31512022-066510-19020 $26,500.00 RECOMMENDATION Staff recommends approval of purchasing 0.10 mitigation bank credits from the Basin 22 Mitigation Bank in the amount of $26,500.00 for offsetting the proposed wetland impacts to the project area as outlined in the Agreement and requests the Board authorize the Chairman to execute the Agreement on their behalf. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION Basin 22 Mitigation Bank Credit Reservation & Purchase Agreement (State) APPROVED AGENDA ITEM FOR OCTOBER 3, 2023 C:\Granicus\Legistar5\L5\Temp\d3684357-8871-4b3a-9b5d-1e0939e5c3b4.doc 147 BASIN 22 MITIGATION BANK CREDIT RESERVATION AND PURCHASE AGREEMENT (STATE) J. Pat Corrigan Family Limited Partnership, LLLP, a Florida limited liability limited partnership and Hugh Corrigan, III, Family Limited Partnership, LLLP, a Florida limited liability limited partnership (hereinafter referred to as "Seller"), the owner of the land known as the Basin 22 Mitigation Bank, does hereby reserve and set aside for future assignment for the sole benefit of Indian River County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as "Buyer"), for a reservation period of 90 days, as the same may be extended as provided for hereinbelow: .10 (to the nearest tenth of a credit) UMAM mitigation bank credit(s) issued to Seller's Basin 22 Mitigation Bank pursuant to Seller's mitigation banking permit from St. Johns River Water Management District (SJRWMD Permit Number IND -061-123323-1) (hereinafter referred to as "District Credits"). See Addendum No. One relative to Wetland Credit Classification. This reservation is for use of credits in connection with mitigating adverse wetland impacts which may arise as a result of construction or other projects undertaken or to be undertaken by the Buyer as provided in SJRWMD Permit Application No. 200266-1. The total purchase price payable by Buyer for the District Credits referenced above is $26.500.00 Dollars (hereinafter referred to as the "Purchase Price"). The required deposit to purchase the District Credits is $2,650.00 Dollars, representing ten percent (10%) ofthe PurchasePrice. The Purchase Priceis equal to the product of the number of District Credits multiplied by the current price per credit. The deposit referenced above shall be posted by the Buyer with the Escrow Agent indicated below upon execution of this Agreement. Following receipt of the deposit by Escrow Agent and clearance of funds, Seller will send allotice of Credit Reservation to Buyer. Upon receipt by the Escrow Agent of the total Purchase Price for the credits and clearance of funds, Seller will send a Request for Withdrawal of Mitigation Credits to St. Johns River Water Management District (herein referred to as "SJRWMD") requesting SJRWMD to withdraw the specific credits from the Basin 22 Mitigation Bank upon their approval A . ' R The Buyer's deposit will be applied to the Purchase Price at the closing of this transaction. The Buyer's deposit shall be considered to be nonrefundable. The deposit will be retained by the Escrow Agent, to and until expiration of the initial reservation period stated above. Following the initial reservation period, the Escrow Agent may release the deposit to the Seller. Buyer shall be permitted to extend this credit reservation for up to one (1) additional reservation period of 90 days. An additional deposit of 10% of the Purchase Price shall be paid by Buyer to extend the reservation period. The additional reservation deposit is considered to be fully nonrefundable, and Escrow Agent may release same to the Seller upon receipt from the Buyer. The balance of the Purchase Price shall be due prior to the issuance of Buyer's permits to use the mitigation bank credits to offset wetland impacts or by the end of the 90 day credit reservation period, whichever comes first (subject to the right of Buyer to extend the credit reservation period provided for in the immediately preceding section). Failure by Buyer to close the purchase within the time stated herein shall be a default of this Agreement, in which event Seller shall have the right to terminate this Agreement and all deposits and monies paid by Buyer shall be forfeited to Seller. Seller warrants that it will take no action inconsistent with the reservation(s) and future assignment described herein. In the event Seller is unable to assign the credits reserved herein to Buyer at closing, Seller will return to Buyer any deposit(s) or other monies received from Buyer pursuant to this Agreement. • In such event, this Agreement shall be terminated and become null and void, and Buyer and Seller shall have no further liability or obligation to each other. [9011.0000163/4360899/11 148 This Agreement shall not be assignable by Buyer. The credits reserved herein are to be utilized by the Buyer solely in connection with the mitigation of adverse wetland impacts for the above referenced project and for no other purpose. Buyer represents that the credits are not being purchased for purposes of resale, and any resale of the credits shall be prohibited. Failure of Buyer to comply with this provision shall constitute a breach of this covenant. As a consequence, Seller shall have the right to repurchase all credits for a total consideration equal to 50% of the original Purchase Price paid by Buyer. In such an event, the credits shall be conveyed to Seller, free and clear of any lien or other encumbrance, within 30 days after Seller furnishes notice of its intent to require such reconveyance. This section shall survive the original credit transfer, and continue in full force and effect. Payment shall be made to: Gould Cooksey Fennell, PLLC (Christopher H. Marine, Esq.) as Escrow Agent for Basin 22 Mitigation Bank, and sent to 979 Beachland Boulevard, Vero Beach, Florida 32963. Buyer: Indian River County, Florida, a political subdivision of the State of Florida By: Authorized Representative Dated: [9011.0000163/4360899/11 Seller: J. Pat Corrigan Family Limited Partnership, LLLP, a Florida limited liability limited partnership By its: General Partner, The Corrigan Special Trust u/a/d December 30, 2009 By: Christopher H. Marine, Attorney In Fact Hugh Corrigan, III, Family Limited Partnership, LLLP, a Florida limited liability limited partnership By its: General Partner, Hugh Corrigan, III Control Trust By: Christopher H. Marine, Attorney In Fact Dated: 149 ADDENDUM NO. ONE TO BASIN 22 MITIGATION BANK CREDIT RESERVATION AND PURCHASE AGREEMENT (STATE) SELLER: J. Pat Corrigan Family Limited Partnership, LLLP, a Florida limited liability limited partnership and Hugh Corrigan, III, Family Limited Partnership, LLLP, a Florida limited liability limited partnership BUYER: Indian River County, Florida, a political subdivision of the State of Florida, CLASSIFICATION OF WETLAND CREDITS: SJRWMD Permit # 200266-1 Forested Freshwater: Herbaceous Freshwater: .10 Total Credits: .10 [9011.0000163/4360899/1] 150 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean A. Lieske, Acting Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Andrew Sechen, Land Acquisition Specialist SUBJECT: Five Guys at Sebastian Corners Use of County Parking Spaces Agreement 1929-1931 US Highway 1 & 1921-1923 US Highway 1, Vero Beach, FL 32958 DATE: September 27, 2023 DESCRIPTION AND CONDITIONS The County has entered into a lease agreement with Flow Smart Five Sebastian, LLC (Five Guys Burgers & Fries) for premises located within the Sebastian Corner Retail Center, at 1919 — 1939 US Highway 1, Sebastian, Florida 32958. Flow Smart Five Sebastian, LLC's architect was notified by the City of Sebastian's Community Development Department that based on the site plan from 2019, the restaurant only has 31 parking spaces available for use within the retail center. However, in accordance with the City of Sebastian's land use development requirements, the restaurant will require 39 parking spaces, two (2) of which would be used for outdoor dining. Flow Smart Five Sebastian, LLC is asking the County to approve the use of joint parking spaces, recognizing that the major usage will be after 5:00 PM when the other businesses, including Veterans Services and the Tax Assessor's Office, within the Sebastian Corner Retail Center are closed. The hours of operation for the Tax Assessor's Office are Monday through Friday 8:00 AM - 5:00 PM. The additional 8 parking spaces can be accommodated with a joint use parking agreement. The County contacted realtors at Colliers, and had their legal counsel draft this agreement. The City of Sebastian has reviewed the agreement and stated that the agreement will be acceptable following Indian River County Board of Commissioner approval. The County and Flow Smart Five Sebastian, LLC would like to execute the attached joint use agreement to share parking usage between the Tax Collector and Flow Smart Five Sebastian, LLC. FUNDING There is no funding required for this item. RECOMMENDATION Staff recommends the Board approve the agreement and authorize the Chairman to execute the Use of Parking Spaces Agreement on behalf of the Board. ATTACHMENT Use of Parking Spaces Agreement APPROVED AGENDA ITEM FOR: OCTOBER 3, 2023 151 N/A 0 USE OF PARKING SPACES AGREEMENT THIS U E OF PARKING SPACES AGREEMENT (this "Agreement"), dated as of the day of ,2023, between FLOW SMART FIVE SEBASTIAN, LLC, a Florida limited liabilit company ("Flow Smart"); and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (the "County"), recites and provides: RECITALS: WHEREAS, Flow Smart is the tenant under a certain Agreement of Lease dated April 13, 2023 (the "Lease"), with the County, for the premises containing approximately 3,200 square feet of floor area (the "Premises") located within Sebastian Corners Retail Center located at 1919 — 1939 US Highway 1, Sebastian, Indian River County, Florida 32958 (the "Center"). WHEREAS, in 2019, the County submitted a revised site plan for the Center that provided for 99 parking spaces, 31 of which are designated for the Premises, 42 of which are designated for County offices and 26 of which are designated for the remaining space, which is currently being used for a retail/mattress store. WHEREAS, Flow Smart's building plans for the Premises require a total of 39 parking spaces (an additional 8, 2 of which are intended to be converted to outdoor dining space). WHEREAS, based on revenue reports of similarly situated Five Guys Burgers & Fries restaurants, the busiest hours for the restaurants are from 4:00 p.m. to 10:00 p.m. during which 56% of their revenues are earned; accordingly, to accommodate its traffic flow, the Premises would need no more than 29 parking spaces (31 including the 2 spaces for outside dining) prior to 4:00 p.m. and 37 parking spaces (39 including the 2 spaces for outside dining) thereafter. WHEREAS, the County's veterans services office offices located within the Center closes at 4:00 p.m. and the County's tax assessor's office offices located within the Center closes at 5:00 p.m., and the County desires to make up to 8 of its excess parking spaces available to the Premises following such hours of closing. AGREEMENT: For and in consideration of the mutual covenants contained herein, Flow Smart and the County hereby agree as follows: 1. Incorporation of Recitals. Flow Smart agrees that the Recitals are true to the best of its knowledge and the Recitals are incorporated in this Agreement. 2. Use pf Parking Spaces. The County hereby grants permission to Flow Smart, its employees and guests at the Premises, to use up to 8 of the parking spaces in the Center that are designated for use by the County from and after 4:00 p.m. each day (the "Additional Parking Spaces"). 152 2. Term. This Agreement shall be for a term from the date hereof through the termination of the Lease. 3. Acceptance. Flow Smart agrees to accept the Additional Parking Spaces in an "as is" condition and agrees to indemnify the County as provided in the Lease. 4. Notices. All notices and other communication hereunder shall made in accordance with the notice provision in the Lease. IN WITNESS WHEREOF, Flow Smart and the County have caused this Agreement to be executed under seal by its duly authorized officers. FLOW SMART: FLOW SMART FIVE SEBASTIAN, LLC, a Florida limited liability company Tit THE COUNTY: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Approved as to form and legal sufficiency BY: Joseph H. Earman, Chairman BCC Approved: Attest: Ryan L. Butler, Clerk of Ccwtt By: Deputy Clerk William K. DeBraal Deputy County Attorney Approved: By John A. Titkanich, Jr. County Administrator 2 153 INDIAN RIVER COUNTY, FLORIDA OFFICE OF THE COUNTY ADMINISTRATOR TO: Board of County Commissioners FROM: John A. Titkanich, Jr., ICMA-CM, AICP DATE: September 27, 2023 SUBJECT: Sole Source Designation for Saviak Consulting, LLC (Strategic Plan) BACKGROUND AND DISCUSSION: The need to develop an Indian River County Strategic Plan to formulate our organization's mission, vision, values, goals, and priorities is critical to the future of the County, both organizationally and communitywide. I am proposing this strategic planning endeavor be completed in a multi -phased process. Initially, through a facilitated workshop the Board and senior leadership team will develop the County's mission, vision, values, goals, and priorities. These will serve to inform and guide our FY2024/2025 budget process in addition to directing administrative and operational affairs. The second phase will engage an internal strategic planning team and involve stakeholders to operationalize the adopted goals; formulate strategies and actionable items/plans; develop and implementation plan; and identify key performance metrics/measures. To facilitate a timely strategic planning initiative (first phase) that will culminate in a goals and priorities report/document completed by December 2023/January 2024, 1 am recommending and requesting the Board of County Commissioners waive the requirement for the RFP process for professional consulting services. Attached, the Board will find a proposal/memo from Saviak Consulting, LLC detailing the process and deliverables. The cost, excluding reasonable work-related expenses, is $30,000. While the initial strategic planning phase cost is within my spending authority and below the bid threshold, staff believes it is appropriate and judicious to recognize and consider there may be additional costs for future strategic planning phases. The County may want to utilize the same firm, and that may result in exceeding the bid threshold of 575,000. Attached are the bios for the project principals, Dr. Joseph Saviak and Dr. Richard Levey, which details their significant public sector management and leadership experience; as well as, professional services provided to local governments. I have previously worked with and or retained the professional services of both Dr. Saviak and Dr. Levey. 154 FUNDING The County budgeted $100,000 in the General Fund/County Administrator/Other Professional Services account (00120112-033190); thus, there is sufficient funds to cover this initial phase of strategic planning. Should additional professional services be required for future phases of strategic planning, it would be presented to the Board for consideration. Title Account Amount General Fund/County Administrator/Other Professional Services 0012012-033190 $30,000 RECOMMENDATION Staff recommends the Board waive the requirement for bids and authorize the County Attorney to prepare a formal agreement to memorialize the expectations, deliverables, costs, and terms. The total amount for this phase of strategic planning shall not exceed $30,000, excluding work- related expenses. ATTACHMENTS: Project Overview Memo Bios — Dr. Saviak and Dr. Levey 155 Joseph C. Saviak, PhD, JD, MA, MS Telephone: 904.599.5678 Email: Joe@Dr)oeSaviak.com Website: SaviakConsulting.com DR. JOE SAVIAK Dr. Joe Saviak is an experienced senior executive, leadership and management consultant, author, researcher, attorney, and college professor. He has served on senior management teams responsible for significantly improving the performance of agencies with over 1,000 employees and annual budgets in excess of $100 million. He has also worked as an executive in the private sector. He is often asked to speak to audiences of public, private, and non-profit sector executives and professionals on strategies for success in the 21st century. He teaches the principles, strategies, and skills of effectively leading and managing change. Optimizing organizational performance is the focus of his advising, teaching, and research. He received his Bachelor of Arts Degree and Master of Arts Degree both in Political Science from the University of Florida. He earned his law degree from the Florida State University College of Law. He received his Master of Science Degree in Criminal Justice and his Ph.D. in Public Affairs from the University of Central Florida. He has taught leadership to over 1,500 executives, managers, and supervisors in Florida and addressed thousands of leaders and professionals here and abroad at conferences. He often conducts training on a wide range of topics involving leadership, management, and organizational performance for private and public sector and non-profit entities. He has overseen studies and research for a number of clients. Dr. Saviak has co-authored several articles, a textbook, and research involving public-private partnerships (P3s) and transportation policy and co-authored a guide for state and local officials on contracting and P3s. CONSULTING & TRAINING SERVICES Management Consulting. Problem -solving across a diverse range of topics including all aspects of leadership, management, & organizational performance (organizational culture, human resources, planning, capital projects, public finance, program management & evaluation). Leadership Development. Conduct leadership development training seminars, ranging from single day sessions to a scheduled series of weekly or monthly seminars. Leadership coaching and mentoring services also available. Customized Training Programs. Design and deliver customized training programs across a diverse array of leadership, management and organizational performance topics. Curriculum can be developed for line -level staff, supervisors, and senior executives. Organizational Assessment. Develop and execute organizational assessments, studies, research, policy analysis, and program evaluation. Strategic Planning. Strategic plan development, including planning session facilitation, policy and process enhancements, and performance tracking. Process > Plan > Results Grants. Grant identification, proposal production and management services. Training programs to teach your employees how to write and win grants. Strategic Communications. Public Relations, Communications and Community Outreach plan design and implementation. Crisis Management plan development and advisement. Production of publications and professional presentations. Contracting/ Procurement. Review and advise on procurement policies. Public-private partnership design and development. Risk Management. Risk management policy review and plan development. Specialized training for managers on identifying key areas of risk and risk -reduction strategies. Research. Conduct quantitative and qualitivative research and data analysis. Local, state, and federal government policy research evaluation. Develop policy recommendations and provide public presentations of study results. 156 Richard L. Levey, Ph.D., AICP Dr. Richard Levey provides strategic advisory services to local government managers with policy guidance, leadership initiatives, and plan execution in the areas of financial management, operations, process improvement, change management, and economic development initiatives. He also advises private investors in establishing and executing development plans for mixed-use districts, master planned communities and specialized employment centers. He also is a former corporate officer with the Tavistock Development Company and had a significant role in the development of the Lake Nona project in Orlando. Dr. Levey has extensive experience in public and private sector economic development strategy and execution. He received his Ph.D. in Public Affairs and Policy Research from the University of Central Florida. He has a MA in Geography/Spatial Analysis of Land Use from Arizona State University and a BA in Geography/Urban Studies from Wittenberg University. He had an accomplished career with the City of Orlando, first serving as City Planning Bureau Chief. He ultimately served as the city's Chief Administrative Officer (CAO) where he directed the day-to- day operations of Orlando's full-service municipal government. As CAO, he orchestrated an aggressive economic development program resulting in the rapid expansion of private sector employment throughout the city, and transformed internal operations based on customer focused outcomes. Dr. Levey has expertise in various governance models in Florida at the local level. In addition to his municipal experience, he is Chairman of multiple Dependent Special Districts - Community Development District Boards, as well as the Chairman of Board of one of Florida's Independent Special Districts — the Sunbridge Stewardship District. www.leveyconsulting.com 157 CONSENT BCC Meeting October 3; 2023 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Parks, Recreation & Conservation Date: September 28, 2023 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator From: Beth Powell, Director of Parks, Recreation and Conservation Subject: Notice of Grant Award from Florida Blue Foundation- Park -Based Senior Wellness Activities to Assist in the Development of Holistic Partnerships/Networks of Service to Address Mental/Behavioral Health BACKGROUND: In January 2021, Indian River County Parks and Recreation, in collaboration with the Indian River County Department of Health, was awarded a three-year grant of $198,905 to provide programs and wellness equipment for seniors (adults 55+) with focus in two areas of Indian River County. These programs aim to improve senior mental well-being, reduce loneliness, and enhance physical wellness. Since the Spring of 2021, the Senior Wellness Program has grown from approximately 25 to over 200 participants per week. With these programs demonstrating overwhelming success, the Florida Blue Foundation approached Indian River County Parks and Recreation in April of 2023 with an opportunity to apply for another three-year grant from the Foundation to continue to provide these much-needed and successful programs. On September 26, 2023, Indian River County Parks and Recreation was notified that the Florida Blue Foundation had awarded Indian River County the Senior Wellness Program with a three- year grant of $200,000, with no required County match. This grant will be utilized to continue to provide the Senior Wellness programs currently offered while expanding the programming to other areas of Indian River County. This grant funding will provide for a Senior Wellness Programs Recreation Leader (current position) and an additional Part -Time Senior Wellness Programs Recreation Leader (new position) for a three-year term. Parks and Recreation will seek grant and funding opportunities to extend these positions past the term of this grant; otherwise, these positions will sunset at the end of the grant term. FUNDING: Upon receiving the grant, a budget amendment, in the amount of $200,000, will fund the grant and respective salary, benefit, and operating expenditures in MSTU Fund/Recreation/FL Blue Foundation Seniors Grant accounts. Account Description Account Number Amount MSTU Fund/Recreation/FL Blue Foundation Seniors Grant 00410872 -Various -21801 $200,000 158 C:\Cmanicus\Legistaz5\L5\Temp\cc7f7b78-b964-495f--991 d-b29ca3bfaac0.doc RECOMMENDATION: Staff respectfully recommends that the Board accept this grant from Florida Blue Foundation and authorize the Chairman to execute the Florida Blue Foundation, Mental Well -Being Grant Agreement after review and approval by the County Attorney as to form and legal sufficiency. ATTACHEMENTS: Florida Blue Foundation- Mental Well-being Grant Agreement Florida Blue Foundation — IRC Grant Form APPROVED AGENDA ITEM FOR October 3, 2023 159 C:\Granicus\Legistar5\L5\Temp\cc7f/b78-b964-495f-991d-b29ca3bfaac0.doc Mental Well-being Grant Agreement AGREEMENT DURATION: October 1, 2023 — September 30, 2026 (3 years) ORGANIZATION: Indian River County - Parks & Rec Board of County Commissioners ADDRESS: 1590 9th Street SW, Vero Beach, FL 32962 CONTACT PERSON(S): Beth Powell, Director Parks and Recreation GRANT AMOUNT: $200,000 PURPOSE: Park -Based Senior Wellness Activities to Assist in the Development of Holistic Partnerships/Networks of Services to Address Mental/Behavioral Health GRANT NUMBER: 18201 1. Use of Grant Funds You may only use the grant funds for religious, charitable, scientific, literary or educational purposes within the meaning of Section 170(c)(2)(B) of the Internal Revenue Code of 1954, as amended (the "Code"), and more specifically may use the grant funds only for the purpose outlined above. You acknowledge that the Florida Blue Foundation (the "Foundation") has not earmarked the use of the grant funds or any portion thereof for any other organization or individual. By signing this agreement, you agree to repay the amount of any grant funds that you expend for any purpose other than those stated in your application. You also acknowledge that no portion of the grant funds will be used to carry on lobbying activities, to attempt to influence legislation or the outcome of any public election, or to carry on any voter registration drive. You also agree to return any unused funds in the event that your organization and/or the funded program becomes insolvent or dissolves for other reasons. You further acknowledge that you will expend the grant funds as specifically itemized line - by -line in the proposal budget or that deviations from such line -by-line itemized budget will not exceed 10% of the total. The Foundation must approve total transfers within lines of the budget in excess of 10% of the total. 2. Payment of Grant Funds The Foundation will pay the grant funds in installments based on availability of funds and satisfactory reports every six (6) months as set forth below. 1; 160 Your reporting and payment schedule is as follows: Reports Reporting Report Due Payment Payment Payment Requirement Timeframe Date Amount Date N/A N/A N/A Initial $75,000 10/27/2023 Receipt of signed grant Payment agreement Initial Report 10/1/2023- 4/12/2024 Second $40,000 5/10/2024 Receipt of satisfactory (Interim) 3/31/2024 Payment interim report for the previous 6 months Second 10/1/2023- 10/14/2024 Third $30,000 11/11/2024 Receipt of satisfactory Report 9/30/2024 Payment interim annual report for (Annual) the previous 12 months Third Report 10/1/2024- 4/14/2025 Fourth $30,000 5/12/2025 Receipt of satisfactory (Interim) 3/31/2025 Payment interim report for the previous 6 months Fourth Report 10/1/2024- 10/14/2025 Fifth $15,000 11/11/2025 Receipt of satisfactory (Annual) 9/30/2025 Payment interim annual report for the previous 12 months Fifth Report 10/1/2025- 4/14/2026 Final $10,000 5/12/2026 Receipt of satisfactory (Interim) 3/31/2026 Payment interim report for the previous 6 months Final Report 10/1/2025- 10/14/2026 N/A N/A N/A Receipt of satisfactory (Annual) 9/30/2026 FINAL report for the previous 12 months (within 30 days of the grant ending date) TOTAL $200,000 3. Quality of Work The Foundation will review both the quality of the work done and your progress toward achieving the goal(s) of the grant. Representatives of the Foundation have the right to monitor your progress through on-site visits. In addition, the Foundation will be monitoring the continued commitment of personnel involved in the work of the grant, and will, throughout the term of the grant, consider whether continuation of the work associated with the grant is in the interest of the general public. If the Foundation: (i) is not satisfied with the quality of your work or the progress toward achieving the goals of the grant, (ii) is of the opinion that you are incapable of satisfactorily completing the work of the grant, or (iii) determines that continuation of the grant is not reasonably in the interest of the general public, the Foundation may, in its discretion, (i) withhold payment of grant funds until, in its opinion, the situation has been corrected, or (ii) declare the grant terminated. The Foundation's determination as to: (i) the quality of work being performed, (ii) the progress being made toward the goals of the grant, (iii) your ability to complete the work of the grant satisfactorily, and (iv) whether continuation of the work of the grant is in the interest of the general public, will be final, binding and conclusive upon you insofar as further grants payments are concerned. 4. Certification and Maintenance of Exempt Organization Status You certify that you have been determined by the Internal Revenue Service to be a tax-exempt organization under Section 501(c)(3) of the Code, and "not a private foundation," within the meaning of Code Section 509(a), or in the absence of such a determination, that you are a state or any political subdivision thereof within the meaning of Code Section 170(c)(1), or a state college or university within the meaning of Code Section 511(a)(2)(B) (referred to hereafter as a "Public Charity"). You will immediately inform the Foundation of any change in or challenge to your status as a Public Charity. Further, you hereby affirm that this grant will not cause you to fail to qualify as a Public Charity. You will comply with the provisions of the Code 2. 161 and the regulations hereunder applicable to you as a Public Charity and will not violate any other statute or regulation applicable to you where such violation materially affects your ability to carry out the goals of the grant. 5. Interim Reports You will submit interim reports that the Foundation may reasonably request, and your personnel will confer with Foundation personnel or consultants at the reasonable request of the Foundation regarding expenditures, records and progress of the grant project. See reporting and payment schedule for report due dates. 6. Annual Reports You will also submit annual reports that should include: a summary of previously submitted reports, narrative, expenditures and cumulative numbers served to date since the last submitted report. See reporting and payment schedule for report due dates. 7. Final Report Within 30 days of the grant ending date, you will submit a final cumulative report that includes: narrative, numbers served and financial report that covers the total grant period. See reporting and payment schedule for final report due date. 8. Records You will maintain your books and records in such a manner that the receipts and expenditures of the grant funds will be shown separately on such books and records in an easy to understand format. You will keep records of receipts and expenditures of grant funds as well as copies of the reports submitted to the Foundation and supporting documentation for at least four (4) years after the completion of the use of the grant funds, and will make such books, records and supporting documentation available to the Foundation for inspection at reasonable times from the time of your acceptance of this grant through such period. In all reports and records, you will refer to the Grant Number listed above. 9. Acknowledgment of Support All manuscripts, papers, releases, exhibits or interviews prepared for scientific meetings, the public or private media, magazines, periodicals, radio, television or other means of communication dealing with the activities or achievement of the work of the grant will acknowledge the Foundation's support. The Foundation will provide you with appropriate logos, legal name and artwork as needed to acknowledge support. By accepting this agreement, you also confirm the fact that your organization has provided no goods or services to the Foundation in return for this grant. 10. Violation of Terms; Change of Status In the case of any violation by you of the terms and conditions of the grant, including but not limited to not executing the work of the grant in substantial compliance with the proposal, or in the event of any change in or challenge by the Internal Revenue Service of your status as a Public Charity, the Foundation reserves the right in its absolute discretion to terminate the grant. The Foundation's determination will be final, binding and conclusive upon you. If final or interim reports are not received in a timely manner, the Foundation may withhold payment until the outstanding report is received and may terminate the grant if any such report is not received within a reasonable time [no more than sixty (60) days] following the date on which it was due. 11. Termination Upon termination of this grant for any reason, the Foundation will withhold any further payments of grant funds and you will repay to the Foundation any portion of the grant funds that were not spent for the grant project. 12. Future Funding You acknowledge that the Foundation and its representatives have made no actual or implied promise of funding except for the amounts specified by this agreement. If any of 3. 162 the grant funds are returned or if the grant is rescinded, you acknowledge that the Foundation will have no further obligation to you in connection with this grant as a result of such return or rescission. However, the foregoing is not intended to prohibit the Foundation from providing you an additional grant at the termination of the grant described in this contract upon the submission of a new proposal, if the Foundation in its sole discretion determines that an additional grant is appropriate. 13. Modification This agreement sets forth all terms of the grant and replaces all prior understandings and agreements. Any modification or amendment will be made only in a writing signed by an authorized officer of your organization and of the Foundation. 14. Applicable Law This agreement will be construed in accordance with the laws of the State of Florida. FLORIDA BLUE FOUNDATION Signature Susan B. Towler Name Executive Director Title Date INDIAN RIVER COUNTY — PARKS & REC BOARD OF COUNTY COMMISSIONERS Signature Name (Printed or typed) Title Date PLEASE NOTE THAT NO PAYMENTS WILL BE MADE WITH CHECKS. ALL PAYMENTS WILL BE MADE THROUGH DIRECT DEPOSIT TO YOUR BANKING ACCOUNT. SEE ATTACHED BANKING INFORMATION TO BE COMPLETED AND RETURNED WITH YOUR SIGNED GRANT AGREEMENT. ADDITIONAL REQUIRED INFORMATION 1) The use of the Foundation logo must be approved by the Foundation before use. Direct any requests for logos to your assigned Senior Community Investments Manager. 2) FOUNDATION CONTACT: Any questions should always be directed to your assigned Senior Community Investments Manager, Sharon Hackney at Sharon.Hackney@floridablue.com or (904) 90S-3082. 4. 163 GRANT NAME: Florida Blue Foundation - Mental Well-being GRANT# AMOUNT OF GRANT: $200,000 DEPARTMENT RECEIVING GRANT: Parks, Recreation & Conservation CONTACT PERSON: Beth Powell TELEPHONE: 226-1785 1. How long is the grant for? 3 years Starting Date: October 1, 2023 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? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes No 0 012.11 Social Security 4. Percentage of match to grant % $796.38 012.12 0' 00 $3,309.75 $1,743.04 5. Grant match amount required - 1 Insurance — Life & Health $349.50 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 012.14 N/A $603.00 $413.33 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: $ TOTAL (Attach a detail listing of costs) $15,983.82 8. Are you adding any additional positions utilizing the grant funds? X Yes 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 $24,389.24 $12,844.82 011.13 Other Salaries & Wages (PT) $0.00 $16,533.82 012.11 Social Security $1,512.75 $796.38 012.12 Retirement—Contributions $3,309.75 $1,743.04 012.13 1 Insurance — Life & Health $349.50 $ 012.14 Worker's Compensation $603.00 $413.33 012.17 S/Sec. Medicare Matching $648.00 $186.25 TOTAL $30,812.24 $15,983.82 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs $30,812.24 $3,467.00 $0.00 $34,279.24 $15,983.82 $550.00 $0.00 $16,533.82 $ 0 $ 0 $ 71,716.66 Third Year $ 77,471.13 $ 0 $ 0 $ 77,471.13 Fourth Year $ $ $ 10. What is the estimated cost of the grant to the county over five years? $ 0.00 c4M'.N.a M est.n — m v s..d.ky.-eoLepwmmc.us Signature of Preparers Elizabeth Powellr WASZ ,D„�W Date: 164 Grant Amount Other Match Costs Not Covered Match Total First Year $ 50,813.06 $ 0 $ 0 $ 50,813.06 Second Year $ 71,716.66 $ 0 $ 0 $ 71,716.66 Third Year $ 77,471.13 $ 0 $ 0 $ 77,471.13 Fourth Year $ $ $ $ Fifth Year $ $ $ $ c4M'.N.a M est.n — m v s..d.ky.-eoLepwmmc.us Signature of Preparers Elizabeth Powellr WASZ ,D„�W Date: 164 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Lance Lunceford; Chair, TPA Community Council 4340 12th Lane, Vero Beach FL 32966 PHONE: 7723217273 ADDRESS: Community Council Recognition SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES 1:1 NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Recognizing the County for being a part of the Council. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? El YES ❑✓ NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmittea to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone I'm just thanking Chair Earman for representing County. INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: 165 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: September 20, 2023 To: The Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Lease of SWDD Property to Halley Engineering Contractors, Inc. for the Oslo Widening and 1-95 Interchange Project Descriptions and Conditions: On August 10, 2023, the Indian River County (IRC) Solid Waste Disposal District (SWDD) received a letter of interest from Halley Engineering Contractors, Inc. (HEC) to lease SWDD-owned property. HEC has been awarded the contract to construct the 1-95 interchange project. Specifically, HEC is requesting to use approximately two acres of SWDD property as a laydown/stabilized staging area for their Florida Department of Transportation (FDOT) Oslo Widening and 1-95 Interchange project. The SWDD property is located on Oslo Road and will provide them with easy access to the project. On August 29, 2023, the Solid Waste Disposal District Board directed the County Attorney's Office to negotiate a lease agreement with Halley Engineering Contractors, Inc. Analysis: The site is currently vacant and unimproved. In the past, the county has used this location for hurricane debris storage. HEC has offered to clear, level, and stabilize the area at their own cost. These improvements would remain after the project has been completed, if the County so desires. The attached lease agreement contains the normal insurance and indemnity clauses, as well as the following other terms: 1. In the case of a storm event, the County/SWDD would be able to use the site as a Disaster Debris Management Site. 2. The existing culvert running parallel to Oslo Road needs to be replaced, and the agreement includes having this completed at the tenant's expense. 3. The monthly rental is $600 per month, or $7,200 annually. ba9479fd-7fc2-4fbb-805e-bcc63627af1a Page 1 of 2 166 SWDD Item 4. The term of the lease is from October 3, 2023, thru September 30, 2027, with an option for an extension with written approval by both parties. Funding: This agenda provides for an approval of a lease agreement and would generate approximately $7,200 per year in annual revenue to SWDD. Recommendation: Staff recommends that the Board approve the lease agreement with Halley Engineering Contractors, Inc. and to authorize the Chairman to execute the agreement upon approval by the County Attorney and receipt of the necessary insurance and bonds. Attachment (s): Lease Agreement with Halley Engineering Contractors, Inc. ba9479fd-7fc2-4fbb-80Se-bcc63627afla Page 2 oft 167 LEASE AGREEMENT This Lease Agreement ("Lease") is made and entered into this _ day of 2023, by and between SOLID WASTE DISPOSAL DISTRICT ("SWDD"), a dependent special district of INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida ("County"), whose address is 1801 27th Street, Vero Beach, FL 32960, and HALLEY ENGINEERING CONTRACTORS, INC., a Florida corporation, located at 13901 NW 118 Avenue, Medley, Florida 33178 ("Halley"). RECITALS WHEREAS, SWDD owns a parcel of real property located in Vero Beach, Florida and, WHEREAS, Halley is currently engaged in the construction of Florida Department of Transportation (FDOT) Oslo Widening and I-95 Interchange project (together "Project"); and, WHEREAS, Halley has requested to lease 2 acres of SWDD property ("Premises") as a staging area for materials and equipment to support its construction of the Project. The property subject to the lease is depicted on the aerial photograph attached to this lease and incorporated herein; and, WHEREAS, SWDD desires to lease the Premises to Halley in accordance with the terms of this Lease; and, NOW THEREFORE, in consideration of the promises and covenants contained herein, the County and Department do mutually covenant and agree as follows: 1. Incorporation of Recitals The foregoing recitals are true and correct and are incorporated into this Lease as if fully set forth herein. 2. Term The Term of this Lease is for a period commencing the day and year first above written, and shall continue until September 30, 2027 ("Term") or until completion of the Project, whichever occurs SWDD Lease with HEC - Final Page 9 11 first. The parties agree that the duties, rights and responsibilities of each party is deemed to have been in effect from the beginning of the Term. 3. Extension of Term The Term of this Lease may be extended upon mutual written agreement by the parties. 4. Bond a. Halley must furnish a performance bond (the 'Bond") in a form acceptable to the SWDD in a sum of not less than $100,000 to guarantee its performance of its duties under this Lease, including without limitation those responsibilities as outlined in Paragraph 10. The Bond must be provided to SWDD within ten (10) days of executing this Lease. Should the Bond not be received by the SWDD within the time allotted by this Agreement, this Lease shall automatically terminate, and Halley shall vacate the Premises immediately. b. The SWDD shall have the right to deduct the sums, expenses, liquidated damages, compensation or late fees payable or due under this Lease from the Bond. If the Bond cannot cover the losses incurred by SWDD, SWDD may make further claim against Halley. c. If the Term of this Lease, including any extensions, expires and the responsibilities as outlined in Paragraph 10 have been completed to the satisfaction of the SWDD, SWDD shall return to Halley the Bond in full. If the responsibilities as outlined in Paragraph 10 have not completed to the satisfaction of the SWDD prior to the expiration of the Lease, the Bond shall not be returned to Halley. 5. Termination Notwithstanding anything herein, the SWDD shall have the right to terminate this Lease with or without cause, and thereby end any and all obligations created by this agreement upon thirty (30) days written notification of termination to Halley. 6. Intended Use of the Premises Halley shall use the Premises solely for the purpose of staging of materials and equipment to support the Project. The parties acknowledge and agree the Premises are currently unimproved and the SWDD makes no guarantee or warranty as to condition of the property as to the proposed SWDD Lease with HEC - Final Page 16 11 or intended use. Halley shall not use the Premises for any other purpose without the prior written approval of the SWDD. Halley shall not use any other portion of the SWDD Property without the prior written approval of the SWDD. Haley shall clear, level, and stabilize the Lease area at their own cost. The existing culvert running parallel to Oslo Road needs to be replaced at Halley's expense. 7. Declared Emeraenc In the event of a declared emergency, County/SWDD shall give Halley as much advanced notice as is practicable to exercise its right to use the leased premises. The County/SWDD would have priority to use the site as a Disaster Debris Management Site and Halley's access to the Premises may be restricted during this period. During County's/SWDD's use of the leased premises, Halley's duty to pay rent shall be abated on a prorated basis. 8. Rent Halley agrees to pay to the SWDD rent in the amount of $600.00 per month for the Term of the Lease plus all applicable sales, use and like taxes, for the use of the Premises as set forth in this Lease. Each monthly payment is due in full on or before the fifteenth (15th) day of the month. If full payment is not received by the SWDD on or before the fifteenth (15th) day of each month, and SWDD has not agreed in writing to accept partial and/or late payment, a late fee equal to five (5) percent of the rent amount shall be due for each day the rent is late. Payments shall be made payable to "SWDD" and shall be delivered to Indian River County Landfill, 1325 74' Ave SW, Vero Beach, FL 32960. 9. Holding Over. If Halley does not vacate the Premises upon the expiration or termination of this Lease without first obtaining the written consent of SWDD to remain in the Premises, such holding over shall constitute, and be construed as, at SWDD's option, a month-to-month tenancy or a tenancy at sufferance at a rental rate up to double the monthly rent amount stated herein, and all other terms and provisions of this Lease shall apply during such holdover period. During such holdover period, Halley agrees to vacate and deliver the Premises to SWDD within thirty (30) days of Halley's receipt of written notice from SWDD to vacate. Halley agrees to pay the amount payable SWDD Lease with HEC - Final Page N 11 during the holdover period to SWDD on demand. No holding over by Halley without the consent of SWDD will operate to extend the Term. 10. Permitting, Maintenance, Clearing and Restoration of Premises Halley shall have the following responsibilities with regard to permitting, maintenance, clearing and restoration of the Premises: a. Obtain all necessary permits and licenses as required by the SWDD, including but not limited to, a Florida Department of Environmental Protection National Pollutant Discharge Elimination System (NPDES) permit. b. Installation of any improvements necessary for its use of the Premises, including but not limited to an access road, subject to the prior approval of the SWDD Managing Director or his designee. C. Clearly mark the perimeter of the 2 -acre area to ensure access doesn't occur outside the area. Maintain the Premises in a neat, safe and orderly manner. d. Refrain from storing petroleum products, and prohibit the removal, burial, or swapping of onsite soils. e. Protect surrounding canal and drainage ditch system with appropriate silt fencing and/or turbidity barrier as necessary for erosion control to the satisfaction and approval of the SWDD, which shall not be unreasonably withheld. Such protection is to be installed around the Premises within ten (10) days of receipt of approval. f. Take all measures necessary to prevent the spill of any toxic or hazardous materials on the Premises and shall immediately notify the SWDD of any possible spill or contamination. Any such spill or contamination to any area on or around the Premises, including without limitation the soil, surrounding canal, and drainage ditch system, shall be the responsibility of Halley to remedy and clean-up. g. Prior the expiration of the Term, including all renewals, remove all materials, equipment, junk, trash and debris from the Premises. No materials, including without limitation construction or demolition materials, will remain on site at the end of the Project. SWDD Lease with HEC - Final Page M 11 h. Following clean up, return the Premises to pre-existing or better condition. 11. Assignment Leasing and Successors in Interest Halley shall not lease the Premises in whole or any part, nor assign this Lease to any other persons or entity during the term of this Lease. 12. Independent Contractor Under the terms of this Lease, Halley is and shall be at all times an independent contractor and operator responsible to all parties for all of its acts or omissions. It is further agreed that in its use and enjoyment of the premises herein, including the facilities thereon, Halley shall indemnify, save, and hold harmless the SWDD from and against any and all claims, actions, damages, liability, and expenses in connection with the loss of life, personal injury, or damage to property occurring in or about, or arising out of, the demised premises, or occasioned wholly or in part by any act or omission of Halley, its agents or representatives. 13. Indemnification In consideration of the benefits received pursuant to this Lease, Halley does hereby agree and covenants to defend fully, protect, indemnify and hold harmless County and SWDD and their respective officers, directors, agents, and employees ("Indemnified Parties") from and against each and every claim, demand or cause of action and any and all liability, cost, expense, including but not limited to reasonable attorneys' fees, costs and expenses incurred in defense of the Indemnified Parties, even if incident to appellate, post judgment or bankruptcy proceedings, damages or loss in connection therewith, which may be made or asserted by the Indemnified Parties, their invitees or any third parties on account of personal injury, death, damage or property damage caused by, arising out of or in any way incidental to or in connection with Halley's use of the property. At the election of the Indemnified Parties, Halley shall contest and defend the Indemnified Parties against any such claims of liability against the Indemnified Parties. The Indemnified Parties shall in any event, have the right, through counsel of its choice, to control the defense or response to any such claim to the extent it could affect the Indemnified Parties financially. Only those matters which are determined by a final, nonappealable judgment to be the result of the negligence of the Indemnified Parties or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of Halley shall be excluded from Halley's duty to SWDD Lease with HEC - Final Page M 11 indemnify the Indemnified Parties, but only to the extent of negligence of the Indemnified Parties or such third party. For purposes of this indemnification, "claims" shall mean and include all obligations, actual and consequential damages and costs reasonably incurred in the defense of any claim against the Indemnified Parties, including, but not limited to attorneys' and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses. The Indemnified Parties shall have the right to defend any such claim against it in such manner as the Indemnified Parties deems appropriate or described in its sole discretion. 14. Liability for Damage or Iniury The County nor SWDD shall not be liable for any damage or injury which may be sustained by any party or persons on the Premises other than the damage or injury caused solely by the negligence of the County or SWDD. 15. Notice Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given by either (i) personal service; (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing the date and time of delivery; or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by written notice to the other party: If to SWDD: County Administrator 1801 27th Street Vero Beach, FL 32960 If to Halley: Halley Engineering Contractors, Inc 13901 NW 118th Ave Miami, FL 33178 Attn: Daniel Halley, P.E., President With a Copy to: County Attorney 1801 27th Street Vero Beach, FL 32960 SWDD Lease with HEC - Final Page M 11 16.Insurance Halley shall maintain the following insurance during the term of this Agreement: 1. Workmen's Compensation and Employer's Liability Insurance -Worker's Compensation Insurance shall provide for the limits required by Chapter 440, Florida Statutes (2021), and as may be amended from time to time. Halley's liability shall be for a limit of no less than five hundred thousand and 0/100 ($500,000.00) dollars. If Halley, its partners, or officers request a waiver of exemption under Section 440.04, Florida Statutes (2021), and as may be amended from time to time, Halley agrees to provide full disclosure of this waiver to the County and SWDD and the County and SWDD shall have the right to reject Halley's waiver of exemption. 2. General Liability Insurance — Halley shall provide Commercial General Liability Insurance written on an occurrence basis, including product liability/completed operations, contractual liability, fire legal liability for a limit of at least one million dollars and 0/100 ($1,000,000.00) dollars, combined single limit for bodily injury, illness and property damage. Halley shall also provide Coverage B (Personal Injury), written at a sub -limit of at least one hundred thousand and 0/100 ($100,000.00) dollars and Coverage C (Medical Payments) of at least five thousand and 0/100 ($5,000.00) dollars per person and twenty- five thousand and 0/100 ($25,000.00) dollars per occurrence. The policy shall also provide the County and SWDD will be given a thirty (30) day written notice of cancellation or non- renewal and include the County and SWDD as additional named insureds. 3. Business Automobile Liability — Halley shall maintain and, prior to commencement of this contract, provide the SWDD with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County and SWDD will be given a thirty (30) day written notice of cancellation or non- renewal and include the County and SWDD as additional named insureds. 4. Halley shall furnish Certificates of Insurance to the County and SWDD prior to the commencement of operations, which Certificates shall clearly indicate that Halley has obtained insurance in the type, amount and classifications as required for strict compliance SWDD Lease with HEC - Final Page 1411 of the insurance provisions of this section. The County and SWDD reserve the right to reasonably amend the insurance requirements by the issuance of notice in writing to Halley. 17. Damage or Destruction to Premises. Except as otherwise provided in this Lease, if the Premises or any part thereof (including any premises improvements), shall be damaged or destroyed, Halley shall, to the extent of the insurance deductible and insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to Halley. It shall be Halley's responsibility to repair or reconstruct the premises as appropriate. Halley shall be responsible for the payment of any deductible required under its insurance coverage. Any other terms or provisions of this agreement pertaining to repair, alteration, construction or reconstruction by Halley shall be binding upon the User in repairing or reconstructing the premises. 18. Waiver Waiver of a breach of any provision in this Lease shall not be deemed a waiver of any other breach of the same or different provisions. 19. Rules and Regulations Halley will observe, obey and comply with all rules and regulations adopted by the County and SWDD and all laws, ordinances and/or rules and regulations of other governmental units and agencies having lawful jurisdiction, which may be applicable to Halley's operations under this Lease. 20. Interpretation; Venue This Lease constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be governed by and construed under the laws of the State of Florida without regard to the principles of conflicts of laws of said state. In SWDD Lease with HEC - Final Page M 11 the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for Indian River County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 21. Mediation Prior to initiating any litigation concerning this Lease, the parties agree to submit the disputed issue(s) to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Indian River County. The parties shall share the fee of the mediator equally. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue(s). 22. Public Records Halley shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Halley in conjunction with this Lease. Specifically, Halley shall: a. Keep and maintain public records required by the County and SWDD to perform the service. b. Upon request from the County or SW -DD's custodian of public records, provide the County or SWDD 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 Section 119 Florida Statutes or as otherwise provided by law. C. 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 Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the County or SWDD. d. Upon completion of the Agreement, transfer, at no cost, to the County or SWDD all public records in possession of the Contractor or keep and maintain public records required by the County and SWDD to perform the service. If the Contractor transfers all public records to SWDD Lease with HEC - Final Page M 11 the County and SWDD upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public record disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All record stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology system of the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written. Attest: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk Approved By: John A. Titkanich, Jr., County Administrator Halley Engineering Contractors, Inc. By: Print Name: Print Title: Witness: By: Print Name: SWDD Lease with HEC - Final Solid Waste Disposal District Indian River County, Florida Joseph H. Earman, Chairman Date Approved by SWDD: Approved as to Form and Legal Sufficiency By: William K. DeBraal, County Attorney Witness: By: Print Name: Page If 411 Lease Property Aerial Photograph 178 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: September 25, 2023 To: The Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: An Additional Update on Franchise Collection Procurement Process Descriptions and Conditions: On July 11, 2023, the Solid Waste Disposal District (SWDD) Board approved staff's recommendation associated with the drafting and issuance of the Request for Proposals (RFP) documents for procuring the new franchise agreement for solid waste collection in unincorporated Indian River County (IRC), as well as recycling services throughout IRC. On August 29, 2023, SWDD and the Town of Indian River Shores (IRS) entered into an Interlocal Agreement (IA) whereby IRS would directly participate in the RFP process. In addition, the RFP will include flexibility to the piggyback clause that will allow other municipalities the ability to negotiate with the selected franchise hauler for services that meet their needs. Staff has been working with Kessler Consulting, Inc., (KCI) to provide procurement assistance to IRC for soliciting a new franchise agreement. KCI has provided a draft RFP document for staff review, and we are still on target to release the RFP in mid to late October 2023 with a proposal deadline in January 2024 and final recommendation of award of the contract in summer of 2024. This timeline will allow for a 14 -month transition period between service providers before the new franchisee commences service on October 1, 2025. Staff is providing this additional update to the Board regarding the scoring system to be utilized by the selection committee. Analysis: As part of the review and preparation of the draft RFP, staff recognized that there should be more points allotted to both the qualification/references that a potential hauler has as well as more points to their technical proposal. In order to accomplish this, staff reduced the financial proposal score by 20 points and allocated 10 points each to the evaluation criteria just mentioned. Please see below for the updated table: 22829504-7ea1-4a84-9d00-3856f3b331a0 Page oft 179 SWDD Item Evaluation Criteria Maximum Evaluation Points Maximum Evaluation Points Qualifications and References 35 25 Technical Proposal 45 25 Participation Growth Strategy 5 5 Financial Proposal f5 45 Total Points Possible 100 100 Funding: This agenda provides a framework for a future solicitation and is not requesting any funding. Recommendation: Solid Waste Disposal District staff recommends the Board approve the updated scoring system to be utilized in the Solid Waste and Recycling Services Request for Proposal solicitation package. 22829504-7ea1-484-9d00-3856M331a0 Page 2 of 2 180