Loading...
HomeMy WebLinkAbout10/17/20234 OR1� p± COUNTY COMMISSIONERS Joseph H. Earman, District 3, Chairman Susan Adams, District 1, Vice Chairman Joseph Flescher, District 2 Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 17, 2023 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov John A. Titkanich, Jr., County Administrator William K. DeBraal, County Attorney Ryan L. Butler, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Chris Kollmann, Lutheran Church of the Redeemer 3. PLEDGE OF ALLEGIANCE Joseph E. Flescher, Commissioner 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring the 2023-2024 Indian River County Fire Rescue Lieutenant, Sergeant, Engineer, Firemedic, and Unit of the Year Attachments: Proclamation 5.B. Presentation of Proclamation Designating October, 2023, As Manufacturing Month in Indian River County, Florida Attachments: Proclamation 5.C. Presentation of Proclamation Recognizing the Month of October, 2023, As National Domestic Violence Awareness Month Attachments: Proclamation October 17, 2023 Page 1 of 5 5.D. Presentation of Proclamation Designating the Week of October 15 Through October 21, 2023 As National Friends of the Library Week Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of September 12, 2023 6.B. Preliminary Budget Hearing Meeting of September 13, 2023 6.C. Final Budget Hearing Meeting for September 20, 2023 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Completion of September 2023 Derelict Vessel Removal Attachments: Staff Report 8. CONSENT AGENDA 8.A. Approval of Interlocal Agreement between the Indian River County Board of County Commissioners and the Indian River County Sheriffs Office to Provide Meals for Declared and Local Emergencies Attachments: Staff Report Interlocal Agreement 8.B. Approval of Treasure Coast Fire Chiefs Association Interlocal Agreement to Provide Mutual Aid for Fire Protection and Emergency Rescue Services Attachments: Staff Report TCFCA Interlocal Agreement 8.C. United Against Poverty, Inc., Memorandum of Understanding Attachments: Staff Report MOU - Food Voucher Program 8.D. Addition to Administrative Policy Manual - AM -505.1 Tuition Assistance Policy Attachments: Staff Report AM -505.1 Tuition Assistance 8.E. Revision to AM -501.1 Disclosure of Benefits Attachments: Staff Report AM -501.1 Disclosure of Benefits 8.F. Amendment to Meeks Plumbing, Inc. Contract, RFP 2023007 Attachments: Staff Report Amended Exhibit 1 - Pricing October 17, 2023 Page 2 of 5 8.G. Atkins North America, Inc. Work Order No.1 - West Regional Wastewater Treatment Facility Clarifiers 1 and 2 Rehabilitation Attachments: Staff Report WO #1 — WRWT Facility Clarifier #1 and #2 Rehabilitation 8.11. Bowman Consulting Group, LTD. Work Order 14 Amendment 1 - North County 24 -Inch Force Main Replacement Attachments: Staff Report Amendment 1 WO 14 S.I. FDOT Small County Outreach Program (SCOP) Agreement and Resolution Authorizing the Chairman's Signature for Construction and CEI of 43rd Avenue (12th Street to 18th Street) IRC -1818, FM No. 444270-1-54-01 Attachments: Staff Report Indian River County Grant Form Authorizing Resolution SCOP Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Public Hearing: Amending the Code of Indian River County, Section 102.04, Order of Business Agenda for County Commission Meetings; and Amending Section 901.03 Definitions in Alphabetical Order (Legislative) Attachments: Staff Report Proposed Code Amendment B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS ILA. Joint Meeting - City of Vero Beach and Indian River County Attachments: Staff Report Joint City County Meeting 11.11. Four County Joint Resolution Attachments: Staff Report Four County Joint Meeting Resolution 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services October 17, 2023 Page 3 of 5 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 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT October 17, 2023 Page 4 of 5 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. 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 17, 2023 Page 5 of 5 PROCLAMATION HONORING THE 2023-2024 INDIAN RIVER COUNTY FIRE RESCUE LIEUTENANT, SERGEANT, ENGINEER, FIREMEDIC, AND UNIT OF THE YEAR WHEREAS, on December 17, 1923, local volunteers established the first fire department in Indian River County; The Vero Beach Volunteer Fire Department; and WHEREAS, over the course of the past century, the department transitioned from a volunteer to a career organization; from a department crewed solely by trained Firefighters to today's crews who are dual certified in firefighting and emergency medical response, as well as being trained in a multitude of specialized disciplines and disaster response; and WHEREAS, in 2021, the leadership of Indian River County Fire Rescue reinstituted the long- standing tradition of annually recognizing those among their ranks who perform their duties in a manner that exemplifies a competency reflecting the highest of standards, supporting fellow Fire Medics in achieving their goals, supporting the department's goals and policies, and regularly demonstrating the ability to lead or follow based upon the existing circumstances; and WHEREAS, Indian River County Fire Rescue is proud to announce the award recipients for 2023- 2024: Lieutenant of the Year, Brad Eskew; Sergeant of the Year, Mim Strote; Engineer of the Year, Blake Bartholomew; Fire Medic of the Year, Tamas Boroczky; and Unit: Donald Jones, Garrett Dancy, Bryant Smith and Mario Navarro NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board supports the efforts of our Fire Rescue Department to Publicly commend those members whose dedication, loyalty, productivity, and professionalism have been recognized by their co-workers and chain of command. BE IT FURTHER PROCLAIMED that the Board of County Commissioners is grateful to all of our Indian River County first responders and the valuable services they provide to all residents and visitors to our community. Adopted this 17th day of October 2023. BOARD OF COUNTY OMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman 1 Pro clamation DESIGNATING OCTOBER, 2023, AS MANUFACTURING MONTH IN INDIAN RIVER COUNTY, FLORIDA Whereas, the Manufacturing Institute has designated October 6, 2023 as National Manufacturing Day, a kick-off to Manufacturing Month, recognizing the manufacturing industry as vital to the economic health of our County, the State of Florida, and our entire country; and Whereas, manufacturing is one of the cornerstones of our local economy, helping to sustain our quality of life while fostering a solid and diversified tax base in Indian River County; and Whereas, Manufacturing Month is an excellent opportunity to shift perceptions in a positive direction regarding this industry, while building a foundation for a future manufacturing workforce; and -Whereas, manufacturing provides 2,383 high -wage and high -skill jobs in Indian River County, with 146 manufacturing firms paying an average annual wage of $60,061, higher than our current average wage of $54,314; this equates to over $143 -million in paychecks circulating throughout our local economy each year; and Whereas, we join the Indian River County Chamber of Commerce, the Treasure Coast Manufacturers Association, local educators, businesses and many volunteers in supporting our Manufacturing Bootcamp program, which introduces high school students and young adults to potential careers in manufacturing thus strengthening our workforce pipeline; and Whereas, all residents are encouraged to take time to acknowledge Indian River County manufacturers, and their employees, for the positive economic impact they have in our county, the State of Florida, and our nation. -VOW, 'PHEREFORE, BE IT PPOCrAIMED BY �rHE BOARD OF COUNTY COMMISSIONEP6, INDI-AX PJVER COUNTY, FLORID -A that the month of October, 2023, be designated as MANUFACTURING MONTH IN INDIAN RIVER COUNTY. Adopted this 17th 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 RECOGNIZING THE MONTH OF OCTOBER, 2023, AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH Whereas, each day in America, four women are murdered by their intimate partners; and Whereas, each day in America, an average of twenty people every minute are abused by their intimate partners; and Whereas, one -in -three American women and one -in -four men have experienced some form of intimate partner violence during their lifetime; and Whereas, National Domestic Violence Awareness Month provides all Americans the opportunity to recommit to ensuring that every relationship be violence -free; and Whereas, in Indian River County, SafeSpace, Incorporated, joins forces with law enforcement, victim service programs, criminal justice officials, social service organizations, and concerned citizens to fight domestic violence and provide all domestic violence victims a safe place where they can live with respect, resources, restoration, and justice; together, their commitment and compassion help to ensure that our community steps forward to support domestic violence victims in need. Naw, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that the Board recognizes the month of October, 2023, as National Domestic Violence Awareness Month; advocates for relationships rooted in trust, respect, and equality; and expresses our sincere appreciation for those committed to promoting peace and preventing domestic violence in our community. Adopted this 17th 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 DESIGNATING THE WEEK OF OCTOBER 15 THROUGH OCTOBER 21, 2023 AS NATIONAL FRIENDS OF THE LIBRARY WEEK Whereas, Friends of the Indian River County Library and Friends of the North Indian River County Library raise money that enables our library to move from good to great -- providing the resources for additional programming, much needed equipment, support for children's summer reading, and special events throughout the year; Whereas, the work of the Friends highlights on a never-ending basis the fact that our library is the cornerstone of the community, providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to the present; Whereas, the Friends understand the critical importance of well -funded libraries and advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including access to print and electronic materials, along with expert assistance in research, readers' advisory, and children's services; Whereas, the Friends' gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community; Now, 7lierefore, be it ProcCaimeddy the Boardof County Commissioners oflndian River County, FCorida, that the week of October 15-21, 2023 be designated as National Friends of the Library Week in Indian River County, and the Board encourages everyone to join the Friends of the Library and thank them for all they do to make our library and community so much better. Adopted this 17th 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 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Eric Charest, Interim Natural Resources Director FROM: Melissa Meisenburg, Lagoon Plan Environmental Specialist SUBJECT: Completion of September 2023 Derelict Vessel Removal DATE: October 2, 2023 This is an update to inform the Board of County Commissioners (BCC), Indian River County's (IRC) residents and visitors of the completion of the September 2023 derelict vessel removal project in the Indian River Lagoon. DESCRIPTION AND CONDITIONS Derelict vessels are defined by the state in section 823.11, F. S. as vessels left, stored or abandoned in a wrecked, junked or substantially dismantled condition upon the waters of the state, at a port without the consent of the agency or upon private property without the consent of the owner. Vessels under the derelict designation are sinking, degraded and inoperable, creating navigational hazards and pose threats to the environment. Officers from Florida Fish and Wildlife Conservation Commission investigate abandoned vessels to determine derelict status in accordance with Florida Statutes, 705.101 (3) and 823.11. The derelict vessel designation from FWC allows the County to remove and dispose of abandoned vessels, improving boater safety, removing hazards to navigation and to the environment. Indian River County Coastal Division staff routinely meet with FWC law enforcement to monitor vessels within the County undergoing derelict status investigation. In April 2023, the County received authorization to remove three (3) derelict vessels. Outlaw Maritime, LLC (Outlaw Maritime) provided a cost proposal to the County of $31,295.00 to remove the derelict vessels in accordance with FWC Best Management Practices. County Coastal Division staff applied for a Derelict Vessel removal grant from FWC in May 2023 and were awarded $31,295.00 in a Bulk Derelict Vessel Reimbursement Grant (Agreement 22299) to cover the costs associated with the removal and disposal of the three (3) derelict vessels from the Indian River Lagoon. The grant agreement was approved by the Board of County Commissioners on July 11, 2023. Outlaw Maritime began derelict vessel removal on September 5, 2023. The removal process was completed on September 29, 2023. The contractor disposed of the vessels at an authorized landfill per Agreement 22299, providing the County with documentation of removal and k 7A� Page 2 Completion of September 2023 Derelict Vessel Removal October 17, 2023 BCC Meeting disposal. County staff are now completing the grant reimbursement request to seek reimbursement for the three (3) of the derelict vessels identified in the FWC Agreement 22299. FUNDING The County is currently seeking reimbursement in the amount of $31,295.00 from FWC Grant Agreement 22299. RECOMMENDATION There is no BCC action needed under the Derelict Vessel Project update. APPROVED AGENDA ITEM FOR OCTOBER 17, 2023 F:\Public Works\COASTAL\OPERATIONAL\_Derelict_Vessel_Removal_Program\2023 Removals\2023_1\BCC_2- 6 23.10.17 Derelict Vessel Removal September 2023 Natural Resources Department Coastal Engineering Division October 17, 2023 Derelict Vessel Status Requirements • Officers of the Florida Fish and Wildlife Conservation Commission or of a law enforcement agency investigate derelict vessels in accordance with section 823.11. • (b) Derelict vessels are defined as left, stored or abandoned: 1. In a wrecked, junked or substantially dismantled condition upon any public waters of this state. 2. At a port in this state without the consent of the agency having jurisdiction thereof. 3. Docked, grounded, or beached upon the property of another without the consent of the owner of the property. 11/17/2023 0- 1 1 Status • Due process outlined in Section 705.103(2) • A reasonable effort is made to locate and notify the owner • Notice of derelict status placed upon the vessel • 21 day hold • FWC officer will issue a letter of authorization to Boating and Waterways for final approval • The owner is responsible for associated costs of removal • Hold on title registrations in Florida Derelict Vessel Impacts • Create navigational hazards • Debris • Pollutants • Fuel • Cleaners • Electronics • Damage to • Oyster reefs • Shoreline plants • Submerged aquatic vegetation • Entanglement and entrapment risk for marine organisms 11/17/2023 2 • T Map ID FWCCase Number Vessel Denription Regishaliun-b. MCI : sj FWC220NOOO462 ' •.'�► nyjlLy�•. v C 0Nl)l(j"),iii s r t ltr71 d 1qFWC220N008812 . u �«""r `s 'k Map ID FWC(aw Number Vessel OPs[npFion-ReB b [ Number 1 lict Vessel Removal • IRC was awarded $31,295.00 through an FWC Bulk Derelict Vessel Removal Grant to remove 3 derelict vessels. • Outlaw Maritime, LLC was contracted to remove the authorized vessels • Provided a cost proposal for three (3) vessels, $31,295.00 • Removal began September 5th • Completed on September 29th • The contractor disposed of all vessels at an authorized landfill • Documentation of removal and disposal was provided by the contractor 11/17/2023 DV1 arm r� � m M.i� 11/17/2023 Further questions or comments please send us an email at Coastal@indianriver.gov ER FC ORIOQ' tw 6 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services Ryan Lloyd, Emergency Management Coordinator FROM: Rachel Ivey, Emergency Management Planner II Department of Emergency Services DATE: October 11, 2023 SUBJECT: Approval of Interlocal Agreement between the Indian River County Board of County Commissioners and the Indian River County Sheriff's Office to Provide Meals for Declared and Local Emergencies It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: During declared and local emergencies, it can become necessary to provide meals to workers preparing and responding to the emergency. In accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the "Stafford Act"), meals are eligible emergency protective measures and reimbursable under Category B of FEMA's Public Assistance program. This Interlocal Agreement between the Indian River County Board of County Commissioners and the Indian River County Sheriff's Office (IRCSO) is to provide meals during and after declared and local emergencies upon the request of the county. The agreement formalizes details such as responsibilities and reimbursement associated with providing meals to workers during the emergency. FUNDING: The County shall be responsible for reimbursing the Sheriff's Office for all reasonable and necessary costs and expenses incurred by the Sheriff s Office in providing the meals pursuant to the County's request. During emergencies, the Office of Management and Budget will provide a project code to track all expenses for said emergency. All costs will be charged under the project code and if the emergency is federally declared the costs will be reimbursable under the Federal Public Assistance program. 7 RECOMMENDATION: Staff recommends approval of the Interlocal Agreement between the Indian River County Board of County Commissioners and the Indian River County Sheriff's Office (IRCSO) to provide meals for declared and local emergencies. ATTACHMENTS: 1. Interlocal Agreement between the Indian River County Board of County Commissioners and the Indian River county Sheriff Office. 8 AN INTERLOCAL AGREEMENT BETWEEN THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE INDIAN RIVER COUNTY SHERIFF'S OFFICE CONCERNING PROVIDING MEALS DURING DECLARED STATE AND LOCAL EMERGENCIES This Interlocal Agreement (the "Agreement") is made and entered into this 17th day of October, 2023, (the "Effective Date") between Indian River County Board of County Commissioners, (the "COUNTY") and the Indian River County Sheriffs Office (the "SHERIFF's OFFICE"). WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part 1 of Chapter 163, Florida Statutes permits "public agencies" as defined in Section 163.01(3)(b), to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, pursuant to Section 252.38(I)(d), Florida Statutes, during a declared state of local emergency and upon the request of the director of a local emergency management agency, the Sheriffs Office shall participate in emergency management by providing meals to County staff, NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed between the Parties as follows: Recitals The Parties agree that the foregoing recitals are true and correct and are incorporated herein by this reference. Purpose The SHERIFF'S OFFICE agrees, that after meeting its responsibilities to inmates and staff, it will provide upon request of COUNTY, meals to COUNTY during and after an emergency. Transportation The SHERIFF'S OFFICE shall provide transportation of meals to the COUNTY. Reimbursement The COUNTY shall be responsible for reimbursing the SHERIFF'S OFFICE for all reasonable and necessary costs and expenses incurred by the SHERIFF'S OFFICE in providing the meals pursuant 9 to the COUNTY's request through its Office of Management and Budget. The COUNTY may require reasonable additional documentation of costs and expenses sufficient to document the expenditures per the COUNTY's Office of management and Budget. Reimbursement requests will normally be paid within thirty (30) days following the COUNTY's receipt of the invoice(s), but in no event more than sixty (60) days, unless the COUNTY formally disputes in writing some or all of the costs and expenses as set forth herein. Notwithstanding the forgoing, the COUNTY shall reimburse all undisputed costs and expenses not later than sixty (60) days from receipt of the invoice. If the COUNTY disputes a cost or expense the COUNTY shall within fifteen (15) days of receipt of the invoice, provide the SHERIFF'S OFFICE with a written explanation of the basis of the dispute with regard to the disputed cost or expense and the parties shall attempt to resolve the dispute in accordance with the provisions of Chapter 164, Florida Statutes. Indemnification Subject to the provisions and only within the limitations of Section 768.28, Florida Statutes, and without waiving sovereign immunity, the Parties recognize their respective tort liability for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee acting with the scope of the employee's office or employment. It is expressly understood that this provision shall not be construed as; i) a waiver of any right, defense or immunity that the Parties have under Chapter 768.28, Florida Statutes, or any other statute, ii) an agreement by either Party hereto to indemnify the other; or iii) consent by either Party to be sued by third parties. Each Party covenants to maintain sufficient general liability and worker's compensation coverage, unless self-insured, regarding its respective liability, throughout the term of this Agreement. Insurance The Parties warrant that they are self-insured and agree to maintain general liability insurance as required by law. The Parties further agree to provide each other with a copy of said insurance certificates. Non -Discrimination The Parties shall not unlawfully discriminate against any individual on the basis of his or her race, age, religion, ancestry, color, ethnicity, gender, national origin, marital status, familial status, disability, sexual orientation, genetic information, or gender identity or expression with respect to any activity occurring or under this Agreement. Modifications This Agreement may be modified or amended only by mutual written consent of the Parties. Relationship of the Parties 10 The Parties hereto acknowledge that their relationship is that of independent contractors. No employee of either Party shall be deemed an employee of the other Party. Nothing contained herein shall be construed to create a partnership or joint venture between the Parties. No Third -Party Beneficiaries This Agreement and the provisions hereof are for the exclusive benefit of the Parties hereto and their affiliates and not for the benefit of any third person, nor express or implied, upon any other third person. Pre -Emergency Event Responsibilities The COUNTY will provide the SHERIFF'S OFFICE the number of meals needed (meal count) as soon as possible with the goal of 24 hours in advance when possible, noting that some events/disasters are no notice events and advance notice may not be possible. Each department will be responsible for reporting their meal count to the SHERIFF'S OFFICE. Post -Emergency Event Responsibilities During and post event/disaster, each COUNTY department will provide the SHERIFF'S OFFICE with the needed meal count 24 hours in advance to provide the SHERIFF'S OFFICE ample time to be prepared for the number of meals needed. The SHERIFF'S OFFICE will deliver meals to designated locations. The COUNTY departments will disperse the meals and will be responsible for keeping signed lists for meals as per FEMA guidance. Execution, Term, and Termination The term of this Agreement shall commence upon the Effective Date and shall remain in effect until replaced by a substitute agreement or otherwise terminated in accordance to this paragraph. This Agreement may be terminated with or without cause by either party to the Agreement by providing at least one hundred eighty (180) days prior written notice to the other party, but in no event shall this Agreement terminate during the period of June 1 through November 30 of each year ("Hurricane Season"), or during any COUNTY declared state of emergency. A notice of termination shall be held in abeyance until the conclusion of the Hurricane Season or a declared state of emergency. Choice or Law and Venue The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and Southern District of Florida for those claims justiciable in federal court. Prior Agreements 11 This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understanding concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by all parties. In addition, notwithstanding any other provision set forth herein, it is agreed that this Agreement shall not constitute a third -party beneficiary contract and no third part, even if referenced or mentioned hereunder, shall have any rights or privileges hereunder including, but not limited to, standing to enforce any term or condition of this Agreement or make any claim based on this Agreement. Construction/ Interpretation of Agreement Each party has participated equally in the negotiation and drafting of this Agreement. In the event that an arbitration panel or court is required to interpret any provision of this agreement, the provision shall not be interpreted for or against either party upon the basis that such party was or was not the preparer of this Agreement. Severability If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. ATTEST: Ryan L. Butler, Clerk of Courts, and Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ("County") By: Joseph H. Earman, Chairman Approved by BCC: 12 Approved: Approved as to form and legal sufficiency: John A. Titkanich, County Administrator Bill DeBraal, County Attorney INDIAN RIVER COUNTY SHERIFF'S OFFICE By: Sheriff Epic Flow6rs Date Approved: t r "n Attest: ` (4'1Gt�'• p {a By: 4,i (5 `. r i C—�:..�.. k j C14 TI (Insert Name, Title) 13 •G DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services David Rattray, Fire Chief FROM: Alicia Reyes Department of Emergency Services DATE: October 11, 2023 SUBJECT: Approval of Treasure Coast Fire Chiefs Association Interlocal Agreement to Provide Mutual Aid for Fire Protection and Emergency Rescue Services It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: During local emergencies, such as large fires or overloading medical calls, it can become necessary for local governmental units to cooperate by agreement to provide necessary and essential public services such as additional firefighting, rescue or emergency assistance, and protection above and beyond their own resources. This Interlocal Agreement will make Indian River County able to receive and provide emergency services personnel and equipment for assistance in standard emergencies that are non-hurricane/disaster related. This agreement is between the following jurisdictions: • City of Stuart Fire Rescue • Florida Forest Service • IRC Emergency Services District • Indian River Shores Public Safety • Indian River State College • Martin County Fire Rescue • Okeechobee County Fire Rescue • St. Lucie County Fire District FUNDING: There is no funding related to this item. Costs may be incurred if Mutual Aid is rendered, which will be paid from the Emergency Services District budget. RECOMMENDATION: Staff recommends approval of the Treasure Coast Fire Chiefs Interlocal Agreement to Provide Mutual Aid for Fire Protection and Emergency Rescue Services. ATTACHMENTS: Treasure Coast Fire Chiefs Interlocal Agreement to provide Mutual Aid for Fire Protection and Emergency Rescue Services. 14 TREASURE COAST FIRE CHIEFS ASSOCIATION INTERLOCAL AGREEMENT TO PROVIDE MUTUAL AID FOR FIRE PROTECTION AND EMERGENCY RESCUE SERVICES THIS INTERLOCAL AGREEMENT ("Agreement") is made this 17th day of October, 2023, by and among City of Stuart Fire Rescue; Florida Forest Service; Indian River County Emergency Services District; Indian River Shores Public Safety; Indian River State College; Martin County Fire Rescue; Okeechobee County Fire Rescue; and St. Lucie County Fire District (hereinafter referred to as "Party" or "Parties"). WITNESSETH: WHEREAS, the respective Parties hereto each has certain emergency services equipment and personnel; and WHEREAS, Section 163.01, Florida Statutes, provides that local governmental units may cooperate by agreement to provide necessary and essential public services; and WHEREAS, each of the Parties hereto recognizes the possibility that, in emergencies, said emergency services equipment and personnel, as is individually maintained by each of the Parties, may not be adequate to afford full and complete protection to and in the area of operation of each Party, the inhabitants thereof, and their respective properties; and WHEREAS, it is mutually desired by the Parties hereto that in the event of such emergencies, the firefighting equipment, rescue equipment and personnel of each of them should be made available to the other. NOW, THEREFORE, in consideration of the mutual promises and covenants herein expressed, the respective Parties hereto agree as follows: 1. In the event any party hereto requires additional firefighting, rescue, or emergency assistance and protection, above and beyond that which said Party can furnish in its own behalf from its own resources, and as determined by the Chief or other officer in charge of said Party, then and in the event upon the call of said Chief or other officer in charge to the Chief or other officer in charge of the Party hereto, said other Party shall respond by sending emergency services personnel and equipment for assistance in emergencies. 2. The nature and extent of assistance furnished by any Party to the other shall be determined on the basis of the prevailing needs for emergency services in the area of the said assisting Party. The rendering of assistance under the terms of this Agreement shall not be mandatory, but the assisting Party receiving the request for assistance should immediately inform the requesting Party if, for any reason, assistance cannot be rendered. 15 3. The personnel, equipment and resources of the assisting Party shall remain under operational control of the requesting Party for the area in which they are serving. Direct supervision and control of said personnel, equipment and resources shall remain with the designated supervisory personnel of the assisting Party. Representatives of the requesting Party shall provide on -scene assignments to the supervisory personnel of the assisting Party. 4. The emergency services officers and personnel of the emergency services departments of all Parties to this Agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours consistent with local security requirements and, as feasible, to jointly conduct pre -fire planning inspections and drills. 5. The technical heads of the emergency service departments of the Parties to this Agreement are authorized and may meet and draft any detailed plans and procedures of operation necessary to effectively implement this Agreement. Such plans and procedures of operations shall become effective upon ratification by the signatory Parties. 6. None of the Parties hereto shall be indebted to the other Parties for services rendered. 7. To the extent permitted by law, and without waiving sovereign immunity, each Party to this Agreement shall be responsible for any and all claims, demands, suits, actions, damages, and causes of action related to or arising out of or in any way connected with its own actions, and the actions of its personnel, in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Agreement. 8. Each Party shall be solely responsible for determining that its insurance is current and adequate prior to providing assistance under this Agreement. 9. Both the requesting Party and the assisting Party shall be responsible for payment of any amount paid or due as benefits to its own respective employees under the terms of the Florida Workers' Compensation Act due to employees at injury or death occurring while such employees are engaged in rendering aid under this Agreement. 10. The terms of this Agreement shall extend indefinitely; provided, however, that any Party hereto may terminate its participation under this Agreement at any time, and for whatever reason, by serving upon the other Parties hereto a ninety (90) day prior written notice to that effect. 11. In the event that any Party to this Agreement has entered into other mutual aid agreements, the Parties agree that this Agreement does not supersede or replace the Statewide Mutual Agreement for Catastrophic Disaster Response and Recovery. K 16 IN WITNESS WHEREOF, the Parties have made and executed this Agreement, upon the terms and conditions above stated, effective on the day and year first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Joseph H. Earman, Chairman Date Approved: Approved: John A. Titkanich, Jr. County Administrator ATTEST: Ryan L. Butler Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal County Attorney 3 17 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Deputy County Administrator / Community Services Date: September 29, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Leigh Anne Uribe, Human Services Program Coordinator Subject: United Against Poverty, Inc., Memorandum of Understanding �L BACKGROUND: The Human Services Division manages vital County assistance programs to improve residents' social and economic well-being. Our services include emergency financial aid for rent, utilities, indigent cremations, and access to essential prescription medications. Food assistance is also available at a remote site in Wabasso through a partnership with the Treasure Coast Food Bank and County Health Department. Until June of this year, we operated an on-site food pantry at the County Health Department alongside our local division offices. Due to Human Services restructuring and space limitations, we temporarily suspended this program to explore a more sustainable solution aligning with community needs to address food insecurity. At this site, we are now transitioning from the food pantry model to provide food assistance through vouchers issued for United Against Poverty (UAP). This change reflects our commitment to efficiently combat food insecurity while adapting to our department's evolving landscape. Importantly, we'll continue to support our community's food needs by reimbursing the Treasure Coast Food Bank for its services as well. DESCRIPTION AND CONDITIONS: United Against Poverty (UAP) is a well-established nonprofit organization that offers a comprehensive range of social services akin to those provided by Human Services. UAP collaborates with local organizations to address the immediate needs of families facing adversity, tackle health-related challenges, and connect families with essential resources. Among the valuable services offered by UAP is the Member Share Grocery Program, which serves families 18 living at or below 200% of the Federal Poverty Level. This program empowers individuals to access food at a substantial cost savings while preserving their dignity throughout the process. In light of the above, our staff is proposing a strategic partnership with UAP. This collaboration entails providing clients with food vouchers, enabling them to access and benefit from the Member Share Grocery Program's offerings as outlined in the attached Memorandum of Understanding. IP ITNnl[NC,- Funding for food vouchers will come from the Community Services/Human Services/Food & Dietary Account, account number 00121161-035280, which has a total budget of $7,500 for Fiscal Year 2023-2024. Account Number Account Description FY 23/24 Budget 00121 164 — 035280 Community Services/Human Services/Food & Dietary $7,500 RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve the Memorandum of Understanding with United Against Poverty for the Human Services Food Voucher Program and authorize the Chairman to execute the agreement after review and approval by the County Attorney for legal sufficiency. ATTACHEMENTS: Memorandum of Understanding for Food Voucher Program with United Against Poverty 19 MEMORANDUM OF UNDERSTANDING REGARDING FOOD VOUCHERS BETWEEN UNITED AGAINST POVERTY, INC. AND INDIAN RIVER COUNTY This MEMORANDUM OF UNDERSTANDING ("MOU") is entered into as of the day of , 2023, by and between UNITED AGAINST POVERTY, INC., a Florida not-for-profit corporation and a 501(c)3 corporation ("UP"), and INDIAN RIVER COUNTY, political subdivision of the state of Florida ("IRCGOV"), (collectively the "Parties", each a "Party"). WITNESSETH WHEREAS, UP was formed under Chapter 617, Florida Statutes, and is a Florida corporation organized to provide food assistance, crisis support, education and other services on a not-for-profit basis; WHEREAS, UP is a non-profit anti -poverty organization that operates The UP Center located at 1400 27th Street, Vero Beach, Florida 32960. WHEREAS, IRCGOV provides access to food pantry products that are specifically targeted to assist a population that aligns with persons served at the UP Center. WHEREAS, the partners herein desire to enter into a Memorandum of Understanding setting forth the services to be provided by a collaborative agreement between IRCGOV and the UP Center: Section I: History of Relationship 1. IRCGOV has expressed an interest in partnering with UP to provide food products through UP's Member Share Grocery Program to eligible individuals. Section II: Roles and Responsibilities 1. IRCGOV will identify individuals seeking assistance with the food insecurity and will refer them to the UP Center during regular business hours. 2. IRCGOV will oversee the distribution of food vouchers to individuals and families. These vouchers, provided in $10 denominations, represent approximately $30 worth of grocery items typically available in a grocery store. Each voucher will be stamped with the UP name and address to indicate their exclusive use. The necessary stamp will be supplied to IRCGOV by UP. Additionally, IRCGOV-referred individuals or families will be required to complete a membership application and be entered into the UP database system to enable checkout at the registers. UP will process the food vouchers, redeemed at the register, complied on a monthly basis and invoiced to IRCGOV for reimbursement. The invoice will include supporting documentation. 20 3. UP will manage the processing of food vouchers when they are redeemed at the register. This information will be compiled on a monthly basis, and UP will provide IRCGOV with an invoice for reimbursement. The invoice will be accompanied by supporting documentation to ensure transparency and accuracy in the reimbursement process. 4. UP will provide the membership application to IRCGOV for the referred individual/family to complete prior to utilizing the Member Share Grocery Program as a convenience. UP employs staff that can assist with the application process should that be necessary. Section III: Commitment to Partnership 1. This agreement is limited to UP's facilities in Vero Beach, FL, located at 1400 27th St. Vero Beach, FL 32960 and 1050 Old Dixie Hwy SW, Vero Beach, FL 32962. NOW, THEREFORE, it is hereby agreed by and between the partners as follows: IRCGOV will create food vouchers and provide to eligible participants who will have the ability to utilize the Member Share Grocery Program located at 1400 27th St. Vero Beach, Florida 32960 and 1050 Old Dixie Hwy SW, Vero Beach, FL 32962. UP will compile the food vouchers utilized by the eligible participants on a monthly basis and submit an invoice for reimbursement to IRCGOV. We, the undersigned, have read and agree with this MOU. Further, we have reviewed the proposed project and approve it. SIGNATURE PAGE TO FOLLOW 2 21 IN WITNESS WHEREOF the County and United Against Poverty, Inc. have caused these presents to be executed in their names, the day and year first above written. UNITED AGAINST POVERTY, INC. a Florida not for profit corporation Print Name: Title: WITNESS: Witness printed name: WITNESS: Witness printed name: Attest: Ryan L. Butler, Clerk of Court and Comptroller 3� Deputy Clerk Approved as to form and legal sufficiency William K. DeBraal County Attorney 91 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Joseph H. Earman Chairman BCC Approved: Approved: John A. Titkanich, Jr. County Administrator 22 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Suzanne Boyll, Human Resources Director DATE: September 29, 2023 SUBJECT: Addition to Administrative Policy Manual - AM -505.1 Tuition Assistance Policy BACKGROUND: Indian River County has established administrative policies outlining various policies, practices and procedures applicable to County employees. In order to encourage the professional development of County employees in areas related to County employment, staff is recommending the addition of a Tuition Assistance Policy to the Administrative Policy Manual. For the initial implementation of the program, staff is requesting $25,000 be budgeted for tuition assistance and future funding requests will be made to support ongoing growth and development of our workforce. The addition of the Tuition Assistance Policy will aid in the recruitment, retention, and professional development of County employees. FUNDING: Funds, in the amount of $25,000, will be made available via budget amendment in the General Fund/Human Resources/Employee Tuition Reimbursement account, number 00120313-035431. Account Description I Account Number Amount General Fund/Human Resources/Employee Tuition Reimbursement 00120313-035431 $25,000 RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve the addition of AM - 505.1 Tuition Assistance to the Administrative Policy Manual and the associated funding request. ATTACHMENTS: AM -505.1 Tuition Assistance 23 POLICY The County recognizes that it is in the best interests of Indian River County that we have an educated, trained and skilled workforce. In an effort to accomplish this, the County has implemented this Tuition Assistance Policy. The County administers a Tuition Assistance Policy for its employees which is designed to encourage employees to improve skills and/or acquire knowledge in areas that are directly related to the employee's positions with the County; or to help the employee gain skills and knowledge which will enable him or her to advance within the County's workforce. The availability of Tuition Assistance in any fiscal year is subject to available budgeted funds as approved by the Board of County Commissioners. ELIGIBILTY To be eligible: • The employee should hold a regular, full-time position and be employed by the County for at least one year before the course(s) begin. • Have received Good or Excellent evaluation ratings in their most recent Performance Appraisal and have no formal warnings within the past year. • Employees who are represented by a collective bargaining agreement will follow the applicable provisions in the collective bargaining agreement for tuition assistance. In the absence of a contract provision, this policy will apply. • Employees enrolled in the DROP or employees who have submitted intent to resign or retire are not eligible for tuition assistance. ELIGIBLE COURSES Tuition assistance will be provided in accordance with the following provisions: A. Course work will be directly related to the employee's current duties and position, or directly enhance the employee's knowledge, skills and ability to perform his or her work for the County; or be related to long-term and defined goals to achieve advancement within the County's workforce. B. The educational facilities offering the course(s) must be accredited. Courses and / or degrees offered through accredited distance learning institutions may be approved for reimbursement at the in-state tuition rate for similar course work in Florida. C. The County will reimburse up to the Indian River State College current in-state tuition fee costs per credit for courses taken, and a maximum of two (2) classes will be reimbursed per semester. The tuition fee schedule can be located on the Indian River State College Tuition and Fees page https://irsc.edu/admissions/tuition-and-fees.html D. Tuition assistance will only apply to actual tuition costs incurred. There is no reimbursement for the cost of books, laboratory fees, and any other charges. E. Tuition assistance will not be granted for classes that are paid in part or in full by a grant, scholarship or other subsidy. F. Tuition assistance will apply to undergraduate, and graduate courses as well as job related certifications programs that receive a grade. G. Course(s) will be taken during an employee's non -work hours, and time spent on the course(s) will not be counted as part of an employee's normal work schedule. 24 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -505.1 10/17/2023 POLICY SUBJECT PAGE MANUAL Tuition Assistance 1 of 2 POLICY The County recognizes that it is in the best interests of Indian River County that we have an educated, trained and skilled workforce. In an effort to accomplish this, the County has implemented this Tuition Assistance Policy. The County administers a Tuition Assistance Policy for its employees which is designed to encourage employees to improve skills and/or acquire knowledge in areas that are directly related to the employee's positions with the County; or to help the employee gain skills and knowledge which will enable him or her to advance within the County's workforce. The availability of Tuition Assistance in any fiscal year is subject to available budgeted funds as approved by the Board of County Commissioners. ELIGIBILTY To be eligible: • The employee should hold a regular, full-time position and be employed by the County for at least one year before the course(s) begin. • Have received Good or Excellent evaluation ratings in their most recent Performance Appraisal and have no formal warnings within the past year. • Employees who are represented by a collective bargaining agreement will follow the applicable provisions in the collective bargaining agreement for tuition assistance. In the absence of a contract provision, this policy will apply. • Employees enrolled in the DROP or employees who have submitted intent to resign or retire are not eligible for tuition assistance. ELIGIBLE COURSES Tuition assistance will be provided in accordance with the following provisions: A. Course work will be directly related to the employee's current duties and position, or directly enhance the employee's knowledge, skills and ability to perform his or her work for the County; or be related to long-term and defined goals to achieve advancement within the County's workforce. B. The educational facilities offering the course(s) must be accredited. Courses and / or degrees offered through accredited distance learning institutions may be approved for reimbursement at the in-state tuition rate for similar course work in Florida. C. The County will reimburse up to the Indian River State College current in-state tuition fee costs per credit for courses taken, and a maximum of two (2) classes will be reimbursed per semester. The tuition fee schedule can be located on the Indian River State College Tuition and Fees page https://irsc.edu/admissions/tuition-and-fees.html D. Tuition assistance will only apply to actual tuition costs incurred. There is no reimbursement for the cost of books, laboratory fees, and any other charges. E. Tuition assistance will not be granted for classes that are paid in part or in full by a grant, scholarship or other subsidy. F. Tuition assistance will apply to undergraduate, and graduate courses as well as job related certifications programs that receive a grade. G. Course(s) will be taken during an employee's non -work hours, and time spent on the course(s) will not be counted as part of an employee's normal work schedule. 24 PROCEDURE 1. At least 30 days in advance of the start of the course, the requesting employee completes the Tuition Assistance Request (form attached) and submits to their Department Head, who will review the form for job relatedness (current or career advancement). 2. Upon approval of the Department Head, the form will be submitted to Human Resources who will determine if there is sufficient funding. 3. Human Resources will maintain the original approved form and return a copy to the employee. The Tuition Assistance Request form will be submitted for reimbursement as indicated below. 4. Any denied application will be returned to the requesting employee with the reason for denial. REIMBURSEMENT To receive reimbursement, the employee will submit the approved Tuition Assistance Request form and include a copy of the grade transcript for the course(s) taken and the invoice or receipt of the actual tuition expenses paid by the employee that are eligible for reimbursement within thirty (30) days of course completion to the Human Resources Department. Reimbursement will be provided to the employees in accordance with these provisions: 1. Only tuition for courses approved will be reimbursed. 2. Reimbursement will be provided only after successful completion of the course(s) and in accordance with the following schedule: 100% reimbursement of eligible tuition expenses for each course with a grade of A 75% reimbursement of eligible tuition expenses for each course with a grade of B No reimbursement for any course with a grade of C or below. Reimbursement will be made with the next regular pay period following submission of completed paperwork to Human Resources with supporting documentation. Any employee who is no longer employed by the County before the completion of the approved training or who has submitted their intent to resign from County employment is no longer eligible for any portion or type of reimbursement. Employees who resign County employment within one year of receiving tuition assistance reimbursement, will be required to repay the tuition assistance. 25 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -505.1 10/17/2023 POLICY SUBJECT PAGE MANUAL Tuition Assistance 2 of 2 PROCEDURE 1. At least 30 days in advance of the start of the course, the requesting employee completes the Tuition Assistance Request (form attached) and submits to their Department Head, who will review the form for job relatedness (current or career advancement). 2. Upon approval of the Department Head, the form will be submitted to Human Resources who will determine if there is sufficient funding. 3. Human Resources will maintain the original approved form and return a copy to the employee. The Tuition Assistance Request form will be submitted for reimbursement as indicated below. 4. Any denied application will be returned to the requesting employee with the reason for denial. REIMBURSEMENT To receive reimbursement, the employee will submit the approved Tuition Assistance Request form and include a copy of the grade transcript for the course(s) taken and the invoice or receipt of the actual tuition expenses paid by the employee that are eligible for reimbursement within thirty (30) days of course completion to the Human Resources Department. Reimbursement will be provided to the employees in accordance with these provisions: 1. Only tuition for courses approved will be reimbursed. 2. Reimbursement will be provided only after successful completion of the course(s) and in accordance with the following schedule: 100% reimbursement of eligible tuition expenses for each course with a grade of A 75% reimbursement of eligible tuition expenses for each course with a grade of B No reimbursement for any course with a grade of C or below. Reimbursement will be made with the next regular pay period following submission of completed paperwork to Human Resources with supporting documentation. Any employee who is no longer employed by the County before the completion of the approved training or who has submitted their intent to resign from County employment is no longer eligible for any portion or type of reimbursement. Employees who resign County employment within one year of receiving tuition assistance reimbursement, will be required to repay the tuition assistance. 25 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Suzanne Boyll, Human Resources Director DATE: September 29, 2023 SUBJECT: Revision to AM -501.1 Disclosure of Benefits BACKGROUND: Indian River County has established administrative policies outlining various policies, practices and procedures applicable to County employees. AM -501.1 Disclosure of Benefits lists the benefits provided by the County to eligible employees. Effective October 1, 2023 the County increased the benefits offered to County employees. Additionally, the Employee Health Center approved by the Board of County Commissioners will be operational in the first quarter of FY 2023/2024. The Disclosure of Benefits policy has been revised to included the enhanced benefits provided to County employees. These additional benefits support recruitment and retention of County employees. FUNDING: There is no additional cost. The policy reflects benefits which have already been funded in the FY2023/2024 budget. RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve the revision to AM - 501.1 Disclosure of Benefits. ATTACHMENTS: AM -501.1 Disclosure of Benefits 26 POLICY: It is the policy of the County to provide its employees with a comprehensive benefits program. The Human Resources Director is responsible for reviewing the benefits program and making necessary recommendations to maintain a competitive and cost effective benefits package. The County reserves the right to modify, amend, or terminate any component of the benefits program (consistent with applicable statutes) as it applies to all current, former, and retired employees. COMMENT: 1. All benefits provided by the County are described in documents which are maintained in the Human Resources Department. The Human Resources Department administers the County's benefits program, either directly or through third parties. These benefits are available to eligible employees as indicated in this unit and in the listed units of the Administrative Manual related to the individual components. 2. Summary listing of primary benefits and information sources: a) Vacation Leave - See the unit VACATION LEAVE, AM -502.1 b) Sick Leave - See the unit SICK LEAVE, AM -702.1 c) Sick Incentive - See the unit SICK LEAVE, AM -702.1. d) Holidays - See the unit HOLIDAYS, AM -503.1. e) Administrative Leave - See the unit SHORT-TERM ABSENCES, AM -702.3. f) Health Insurance - The County provides health insurance for employees who are budgeted to work 30 hours or more per week. Insurance is effective the first of the month following 60 days from the date of hire or from the date of an employee is placed into an eligible position. Dependent coverage is available. The cost of insurance is shared between the employee and the County. g) Flexible Spending Account — The County provides employees the opportunity to defer income on a pre-tax basis to a Health Care FSA and/or a Dependent Care FSA. An FSA allows employees to set aside money from their paycheck for reimbursement of out of pocket health care and day care expenses that they regularly pay. 27 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -505.1 10/1/2023 POLICY SUBJECT PAGE MANUAL Disclosure of Benefits 1 of 3 It is the policy of the County to provide its employees with a comprehensive benefits program. The Human Resources Director is responsible for reviewing the benefits program and making necessary recommendations to maintain a competitive and cost effective benefits package. The County reserves the right to modify, amend, or terminate any component of the benefits program (consistent with applicable statutes) as it applies to all current, former, and retired employees. COMMENT: 1. All benefits provided by the County are described in documents which are maintained in the Human Resources Department. The Human Resources Department administers the County's benefits program, either directly or through third parties. These benefits are available to eligible employees as indicated in this unit and in the listed units of the Administrative Manual related to the individual components. 2. Summary listing of primary benefits and information sources: a) Vacation Leave - See the unit VACATION LEAVE, AM -502.1 b) Sick Leave - See the unit SICK LEAVE, AM -702.1 c) Sick Incentive - See the unit SICK LEAVE, AM -702.1. d) Holidays - See the unit HOLIDAYS, AM -503.1. e) Administrative Leave - See the unit SHORT-TERM ABSENCES, AM -702.3. f) Health Insurance - The County provides health insurance for employees who are budgeted to work 30 hours or more per week. Insurance is effective the first of the month following 60 days from the date of hire or from the date of an employee is placed into an eligible position. Dependent coverage is available. The cost of insurance is shared between the employee and the County. g) Flexible Spending Account — The County provides employees the opportunity to defer income on a pre-tax basis to a Health Care FSA and/or a Dependent Care FSA. An FSA allows employees to set aside money from their paycheck for reimbursement of out of pocket health care and day care expenses that they regularly pay. 27 h) Basic Life Insurance — Basic term life insurance is provided for regular employees who are budgeted to work 30 hours or more per week. The benefit amount is 1x the annual salary rounded up to the next $1,000 up to a maximum amount. Life insurance is effective the first of the month following 60 days from the date of hire or from the date an employee is placed into an eligible position. The cost for basic life insurance is paid by the County. Employees covered under this basic term life insurance will have included in their wages a "value" for the insurance coverage in excess of $50,000 per applicable Internal Revenue Service Codes. Employees may purchase additional life insurance during defined enrollment periods subject to the terms and conditions of the policy. Dependent life insurance is also available for the spouse and children of the eligible employee subject to the terms and conditions of the policy. Additional and dependent life insurance is paid by the employee. i) Dental Insurance — The County provides single coverage dental insurance for regular employees who are budgeted to work 30 hours or more per week at no cost to the employee. Employees may elect to enroll covered dependents or to participate in a dental plan with higher level benefits at an additional employee paid cost. j) Long Term Disability Insurance —The County provides longterm disability insurance for regular employees who are budgeted to work 30 hours or more per week at no cost to the employee. A buy -up option to increase the term of the long-term disability insurance is available to employees at an additional cost paid by the employee. k) Optional Insurance - Includes, but is not limited to, short term disability, critical illness, accident coverage and others which may be purchased at an additional cost paid by the employee. 1) Retirement - The County participates in the Florida Retirement System. Both the County and the employee contribute to the retirement plan as established by the Florida Statute. Employees may obtain additional information regarding retirement benefits from the MyFRS website at https://www.myfrs.com/. Retirement Specialists and Financial Planning is also available through the Florida Retirement System at no cost to the employee. The County also provides a 401(a) Defined Contribution Plan for eligible regular employees who are not eligible to participate in the Florida Retirement System. m) Deferred Compensation - This is an optional program that is available through payroll deduction and provides employees the opportunity to defer income on a pre-tax basis to a retirement account. This plan is administered in accordance with Internal Revenue Service Code 457 and other applicable laws. n) Employee Assistance Program — The County provides a comprehensive Employee Assistance 28 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -505.1 10/1/2023 POLICY SUBJECT PAGE MANUAL Disclosure of Benefits 2 of 3 h) Basic Life Insurance — Basic term life insurance is provided for regular employees who are budgeted to work 30 hours or more per week. The benefit amount is 1x the annual salary rounded up to the next $1,000 up to a maximum amount. Life insurance is effective the first of the month following 60 days from the date of hire or from the date an employee is placed into an eligible position. The cost for basic life insurance is paid by the County. Employees covered under this basic term life insurance will have included in their wages a "value" for the insurance coverage in excess of $50,000 per applicable Internal Revenue Service Codes. Employees may purchase additional life insurance during defined enrollment periods subject to the terms and conditions of the policy. Dependent life insurance is also available for the spouse and children of the eligible employee subject to the terms and conditions of the policy. Additional and dependent life insurance is paid by the employee. i) Dental Insurance — The County provides single coverage dental insurance for regular employees who are budgeted to work 30 hours or more per week at no cost to the employee. Employees may elect to enroll covered dependents or to participate in a dental plan with higher level benefits at an additional employee paid cost. j) Long Term Disability Insurance —The County provides longterm disability insurance for regular employees who are budgeted to work 30 hours or more per week at no cost to the employee. A buy -up option to increase the term of the long-term disability insurance is available to employees at an additional cost paid by the employee. k) Optional Insurance - Includes, but is not limited to, short term disability, critical illness, accident coverage and others which may be purchased at an additional cost paid by the employee. 1) Retirement - The County participates in the Florida Retirement System. Both the County and the employee contribute to the retirement plan as established by the Florida Statute. Employees may obtain additional information regarding retirement benefits from the MyFRS website at https://www.myfrs.com/. Retirement Specialists and Financial Planning is also available through the Florida Retirement System at no cost to the employee. The County also provides a 401(a) Defined Contribution Plan for eligible regular employees who are not eligible to participate in the Florida Retirement System. m) Deferred Compensation - This is an optional program that is available through payroll deduction and provides employees the opportunity to defer income on a pre-tax basis to a retirement account. This plan is administered in accordance with Internal Revenue Service Code 457 and other applicable laws. n) Employee Assistance Program — The County provides a comprehensive Employee Assistance 28 Program for covered employees and family members. The program offers access to licensed mental health professionals through a confidential program. Employees and family members will have access to confidential assistance regarding a variety of life issues including but not limited to workplace issues, stress, legal and financial concerns, family and/or marriage issues, dependent care, grief and bereavement, anxiety, and substance abuse. The program is free and confidential. o) Employee Health Center —As approved by the Board of County Commissioners, the County will provide access to an employer sponsored employee health center to provide health and wellness benefits to full-time employees, eligible covered dependents, and eligible retirees who are enrolled in the County health insurance. p) Additional programs and benefits - As approved by the Board of County Commissioners, the County may offer additional programs and benefits to eligible County employees and covered dependents. Information regarding these benefits is available on the County's website under Human Resources. 29 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -505.1 10/1/2023 POLICY SUBJECT PAGE MANUAL Disclosure of Benefits 3 of 3 Program for covered employees and family members. The program offers access to licensed mental health professionals through a confidential program. Employees and family members will have access to confidential assistance regarding a variety of life issues including but not limited to workplace issues, stress, legal and financial concerns, family and/or marriage issues, dependent care, grief and bereavement, anxiety, and substance abuse. The program is free and confidential. o) Employee Health Center —As approved by the Board of County Commissioners, the County will provide access to an employer sponsored employee health center to provide health and wellness benefits to full-time employees, eligible covered dependents, and eligible retirees who are enrolled in the County health insurance. p) Additional programs and benefits - As approved by the Board of County Commissioners, the County may offer additional programs and benefits to eligible County employees and covered dependents. Information regarding these benefits is available on the County's website under Human Resources. 29 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 29, 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 Prepared by: Robert J. Tobar, EI, Utility Design Engineer Subject: Amendment to Meeks Plumbing, Inc. Contract, RFP 2023007 Background: The Indian River County Department of Utility Services (IRCDUS) is undertaking a multi -phase Septic to Sewer (S2S) Program to convert residential and commercial properties on septic systems to the IRCDUS sewer network. On December 20, 2022, the Board of County Commissioners (BCC) awarded Request for Proposal (RFP) 2023007, North County Water and Sewer System Phase 2 Customer Side Connections, to Meeks Plumbing, Inc. (Meeks). On January 31, 2023, the BCC approved RFP 2023007, which authorized Meeks to perform sewer customer connections in the following S2S projects: North County Phase 2 West Wabasso Phase 3A and West Wabasso Phase 3B. North County Water and Sewer System Phase 2 consists of approximately 200 total parcels, involving properties on Roseland Road between 128th Court and 135" Lane, portions of Ercildoune Heights, and Ruffner Lane. West Wabasso Phase 3B consists of approximately 34 parcels along 59th Avenue and 58th Court, directly south of County Road 510 (85th Street). West Wabasso Phase 3A consists of approximately 29 parcels on 61St Drive, directly north of County Road 510. Meeks has completed North County Water and Sewer System Phase 2 and will soon transition to West Wabasso Phase 3B. Discussion: Upon completion of the North County Water and Sewer System Phase 2 project, IRCDUS staff evaluated the implementation performance to identify opportunities for the subsequent West Wabasso Phase 3B project. Based on the evaluation, staff conducted a review and negotiation with Meeks regarding unit prices for two (2) items: sod replacement, and electrician fee associated with grinder pump installation. Both items were originally included in the not -to -exceed 25% variance cost (contingency) listed in the Meeks -Indian River County contract, and were found to be repetitive, thus making them more suitable as unit prices (rather than included as contingency). Page 1 of 2 30 Consent Item Based on the review and negotiations with staff, Meeks has proposed new unit prices. These unit prices include $3.50 per square foot for sod replacement and $2,100 electrician fee per home requiring lift station installation. Meeks' new proposed unit prices are deemed reasonable, and approximately equates to 15% of the original 25% variance cost. To make the items more quantifiable, IRCDUS desires to include the new unit prices and reduce the variance cost from 25% to 10%. A not -to -exceed 10% variance cost is typical to cover contingencies on projects of this nature. The new unit prices and variance/contingency are listed in the attached "Amended Exhibit 1 to the Agreement - Pricing". Funding: There is no change to funding for the Meeks -Indian River County contract. Recommendation: Staff recommends the Board of County Commissioners approve the Amended Exhibit 1 to the Agreement — Pricing for the Meeks -Indian River County contract. Upon satisfactory completion of the customer connections in West Wabasso Phase 3A and 3B sewer connections, staff is directed to make final payment and release any retainage to Meeks Plumbing, Inc., after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: a Amended Exhibit 1 to the Agreement - Pricing Page 2 of 2 31 SG Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 29, 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 Prepared By: Michael C. Loveday, Wastewater Superintendent Subject: Atkins North America, Inc. Work Order No.1- West Regional Wastewater Treatment Facility Clarifiers 1 and 2 Rehabilitation Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) owns and operates the West Regional Wastewater Treatment Facility (WRWWTF), which has a six (6) million gallons per day (MGD) annual average daily flow design capacity. The WRWWTF is an advanced activated sludge wastewater treatment facility that has undergone multiple expansions, with the current iteration being phase three. After the last expansion in 2012, two (2) of the four (4) secondary clarifiers were not necessary to meet capacity requirements. As such, Clarifiers 1 and 2 were taken offline (but not decommissioned). Current and anticipated future growth in the west service area has brought about the need for additional secondary clarifier capacity at the WRWWTF. Accordingly, both Clarifiers 1 and 2 will need to be returned to operation. Clarifiers 1 and 2 are now in need of rehabilitation due to the overall condition of the equipment. Since this treatment equipment is essential for effective operation of the facility and to meet capacity, IRCDUS desires to undertake the rehabilitation project of Clarifiers 1 and 2 to ensure continued reliable operation of the facility. Analysis: At the request of IRCDUS staff, Atkins North America, Inc. (Atkins) prepared the attached Work Order (WO) No. 1 pursuant to the Continuing Contract Agreement for Consulting Engineering Services dated May 2, 2023, to provide technical services for replacement of the mechanisms for Clarifiers 1 and 2, including engineering assistance, Request for Proposal (RFP) development, bidding support, and construction management services during construction (SDC). The estimated total engineering fee, including labor and expenses associated with WO No. 1 work, is not to exceed $222,313.70. 33 Consent Item Funding: Expenses in the amount of $222,313.70 for this project will be recorded in the operating capital account Utilities/WIP/WRWWTF Clarifier 1&2 Rehab, number 471-169000-23556. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/ WIP /WRWWTF Clarifier 1&2 Rehab 471-169000- 23556 $222,313.70 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order No. 1 with Atkins North America, Inc. (Atkins) in the amount of $222,313.70 to provide technical services for replacement of the mechanisms for Clarifiers 1 and 2 and authorize the Chairto execute the same. So long as there are no changes in the dollar amount under the work order and upon adequate completion of the work set forth in the work order, staff is directed to make final payment and release any retainage to Atkins, after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: Work Order #1— West Regional Wastewater Treatment Facility Clarifier #1 and #2 Rehabilitation 34 WORK ORDER 01 This Work Order Number 01 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 Atkins ("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: Print Name: Chris Rader Title: Sr. Project Director 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 35 ATKINS EXHIBIT A INDIAN RIVER COUNTY UTILITIES DEPARTMENT WORK ORDER No. 1 SCOPE OF SERVICES West Regional WWTF Clarifier Improvements IRCDUS PID 22.23.556 Background The Indian River County Department of Utilities Services (County) owns and operates the West Regional Wastewater Treatment Facility (WRWWTF). The WRWWTF was originally constructed in 1994, including two secondary clarifiers. Clarifiers Nos. 1 and 2 each consist of a prestressed concrete basin provided by Crom Corporation (Crom) and a sludge collector mechanism provided by Walker Process Equipment (Walker). The Clarifiers were operated until the WRWWTF was expanded in 2012. Following the expansion, neither clarifier was necessary for the WRWWTF to meet capacity requirements. The clarifiers were taken offline but they were not decommissioned. The clarifier mechanisms remain in place, but they have not been operated, maintained, or repaired since 2012. Moreover, the clarifier mechanisms are well past the normal expected service life of wastewater clarifier mechanisms. Current and anticipated future growth in the West Service Area has brought about the need for additional clarifier capacity at the WRWWTF. Accordingly, the County seeks to restore Clarifiers 1 and 2 to operation, but the mechanisms must be replaced before the clarifiers can be brought online. The County has standardized on Crom for basins and tanks and on Walker for clarifier mechanisms at all County wastewater facilities. Atkins has arranged for Crom to inspect the existing basins. It is anticipated that Crom will either confirm that the basins can be reused in their current condition, or they will recommend minor repairs to the basins. 1 36 Figure 1. Condition of Clarifier Mechanisms Current and anticipated future growth in the West Service Area has brought about the need for additional clarifier capacity at the WRWWTF. Accordingly, the County seeks to restore Clarifiers 1 and 2 to operation, but the mechanisms must be replaced before the clarifiers can be brought online. The County has standardized on Crom for basins and tanks and on Walker for clarifier mechanisms at all County wastewater facilities. Atkins has arranged for Crom to inspect the existing basins. It is anticipated that Crom will either confirm that the basins can be reused in their current condition, or they will recommend minor repairs to the basins. 1 36 ExhibitA K ' Y J�V' w' c West Regional WWTP Clarifier Improvements , A ` The County obtained a quote of $1.61VI directly from Walker for the construction associated with the replacement of the clarifier mechanisms which included the equipment, stilling wells, minor mechanical and electrical improvements, demolition and startup services. However, their price was higher than expected, did not provide proper documentation to support the quote, and had liability issues that did not meet County requirements. The County has commissioned Atkins to develop a request for proposal (RFP) for contractors to provide the construction services associated with the rehabilitation of the existing clarifiers. Since the County has standardized on Walker equipment, this RFP would provide a detailed scope of work with complete technical and performance requirements, to ensure that bidders have enough information to provide accurate, comprehensive pricing based on Walker clarifiers. Scope of Services This Scope of Services is for technical services associated with the creation of an RFP for the replacement of the mechanisms for Clarifier Nos. 1 and 2. Upon notice to proceed, Atkins will develop a general issue RFP package for use by the County Utilities Department in bidding and procuring services, provide bid support services, assist the County during the construction phase, provide final inspections, and manage the closeout. Task 01 Project Management and Meetings This task consists of overall management of the Project including contract administration, budget management, invoicing, monthly status reports, and project scheduling. It is anticipated that Atkins will organize and document an in-person kickoff meeting with a preliminary site visit and three virtual progress meetings during preparation of the RFP and continuing through Bid Services. Construction progress meetings are included in Task 05. Deliverables: Invoices, project status reports, schedules, and meeting documentation. Task 02 Data Collection Atkins will collect and review all pertinent information, including information provided by the County, previous project proposals, and previous inspection reports. Atkins will request any information that may be missing. Any information provided by County in hard copy will be scanned for project use. The hard copy along with an electronic version will be returned to the County for their records. A summary of the anticipated data is listed below. • Existing O&M manuals for the overall clarifier mechanism and the clarifier components. • Existing as -built drawings for the original plant and for upgrades to the existing basins or mechanisms. • Shop drawing submittals provided for the original clarifiers. • Previous geotechnical reports, condition assessments, inspection reports, or other studies related to the existing clarifiers, if available. 2 37 ExhibitA A�V' wtC West Regional WWTP Clarifier Improvements ! ` 1� ' V J • Previous proposals for replacement of the clarifier mechanisms. • Guide specifications and equipment data provided by the manufacturer. • An inventory of any clarifier -related spare parts currently in the possession of I RC. Deliverables: Data request memo. Electronic versions of all hard copy data. Task 03 Asset Management Atkins will coordinate with County Staff to draft and pre -populate an asset change list (ACL) to the extent possible with all project -related information available to Atkins, including information obtained from project -related correspondence, site visits, equipment design criteria, and information gathered under Tasks 01 and 02. Atkins will prepare the ACL in accordance with County requirements. The form will be designed to facilitate addition inputs by Atkins, the manufacturer, and the contractor throughout the bid and construction phases. Atkins will submit a draft ACL to IRCDUS for their review and finalize the ACL based on their feedback. Deliverables: Creation of a draft and final ACL. Task 04 Walker Proposal Atkins negotiate and obtain an updated Proposal from Walker for all clarifier equipment, similar to a direct procurement agreement between IRC and Walker, including technical, construction and warranty requirements for major equipment. Atkins will confirm that the equipment package is complete and pricing is reasonable. Once negotiations and Proposal updates are complete, Atkins will include the Walker Proposal in the general issue RFP package to ensure fairness in the RFP packages. Deliverables: Equipment Proposal Package from Walker. Task 05 Preparation of Request for Proposal Atkins will develop a general issue RFP package that will provide a detailed description of all work to be performed and will include all pertinent information obtained during the completion of Tasks 02, 03 and 04. The RFP will provide candidate bidders with information necessary to develop an accurate and comprehensive Proposal. Information to be provided will include: • Qualifications and experience required of each bidder • Recent survey information including a data point cloud • Reference requirements • Project approach and schedule • Technical and warranty requirements for miscellaneous equipment. • Requirements for the use of the Walker Proposal • The type and format of information required by the contractor for use in updating and finalizing the ACL as describe in Task 03 above. 3 38 ExhibitA West Regional WWTP Clarifier Improvements ATKINS • An outline of submittal information that will be required of the contractor prior to and during the construction phase. The contractor will provide detailed work plans and schedules for procurement, mobilization, construction of temporary facilities, completion of the work, final testing, acceptance, systems integration, and jobsite restoration. All submittal information will be sealed by a registered engineer, and all will be subject to approval by Atkins. • A bid form based on lump sum pricing with an additional unit pricing schedule for use in addressing unforeseen circumstances that may be encountered during construction. Atkins will provide a comment matrix with one (1) round of review comments and associated responses. Deliverables: Draft RFP. Comment matrix. Final RFP. Task 06 Bid Phase Services Atkins will attend a pre-bid meeting scheduled by the County and present technical information, project details and pertinent information to bidders. The pre-bid meeting will be followed by a mandatory site visit that may take up to eight (8) hours. The site visit will allow the bidders to assess the condition of the existing clarifier mechanisms, utility connections, and site constrictions. This will enable each bidder to develop accurate and competitive bid pricing based on a thorough understanding of the work to be completed. Atkins will review and respond to questions from bidders related to the Project. Atkins will submit up to two addenda to the County in time for reception of addenda by all bidders. Atkins will submit a bid recommendation to the County upon receiving and reviewing the bid submittals. Deliverables: Documentation of pre-bid meeting and site visits. RFP Addenda. Bid evaluation memo with recommendation of award. Task 07 Construction Phase Services Atkins will provide construction phase services for up to twelve months following the notice of award. Construction phase services will consist of the following: • Preparation of Pre -Construction Meeting agenda and meeting summary. • Review of up to twelve draft pay requests in preparation for County review, approval and processing. • Review of up to ten shop drawing submittals, including one O & M manual. • Review of ACL data provided by the contractor and incorporation of the data into the ACL. • Responding to up to ten requests for information (RFIs). 4 39 ExhibitA West Regional WWTP Clarifier Improvements ATKINS • Hosting and documenting up to fifteen construction progress meetings. • Providing and documenting two final inspections for substantial completion and final completion. • As built CAD drawing review and acceptance. • Punch list and concurrence letter. Deliverables: Shop drawing submittal reviews, RFI responses, draft pay request reviews, meeting documentation memos, site inspection reports, punch list, and concurrence letter. Task 08 Change Order (if necessary) Atkins will support up to two change orders. Services associated with the change order will include: • Change directives • Request for quotations. • Pricing review to assess whether the contractor's proposal is a fair market value. Deliverables: Change directive. Request for quotation. Pricing review summary. Deliverables Task Deliverable 1 Invoices, project status reports, schedules, and meeting documentation. 2 Data Request Memo. Electronic versions of all hard copy data. 3 Creation of a Draft and Final ACL 4 Equipment Proposal Package from Walker. 5 Draft RFP. Comment matrix. Final RFP. 6 Documentation of pre-bid meeting and site visits. RFP Addenda. Bid evaluation, recommendation of award. 7 Shop drawing submittal reviews, RFI responses, draft pay request reviews, meeting documentation memos, site inspection reports, punch list, and concurrence letter. 8 Change directive. Request for quotation. Pricing review summary. E 40 ExhibitA West Regional WWTP Clarifier Improvements ATKINS Schedule The anticipated schedule shown below is based on the weeks after the formal issuance of the signed Work Order and a Notice to Proceed (NTP) by the County. Task Project Kick -Off Meeting and Site Visit Begin Data Collection and Review Negotiate Walker Proposal Draft RFP Review by County Final RFP RFP Released by County Award Recommendation Task Start of construction Substantial completion Letter of Concurrence Duration from Engineering NTP 2 weeks 4 weeks 10 weeks 14 weeks 16 weeks 18 weeks 22 weeks 30 weeks Duration from Construction NTP 12 weeks 42 weeks 52 weeks Quality Control Atkins will be responsible for the professional quality of all deliverables. This shall include an internal Quality Assurance Plan that, as a minimum, provides review of all deliverables and significant calculations by qualified professionals who are not responsible for project execution. Assumptions The following assumptions have been made in the development of this scope of work, schedule, and fee. • The project will not be a standard design project with traditional contract documents. • Survey services will be provided separately. • No subsurface utility engineering or geotechnical services are required. • No architectural, civil, landscaping or structural design efforts are required for this evaluation. No temporary erosion or stormwater control is required. • Neighborhood/community meetings are not needed. • FDEP permitting is not required. No permitting support or fees are included in this scope. • The project will comply with all federal, state, and local codes in effect when NTP is given. • Data requested under Task 02, if available, will be furnished to Atkins within two weeks of request. • Attendees of the RFP review meetings are designated as decision makers. r1 CII ExhibitA West Regional WWTP Clarifier Improvements ATKINS • County Purchasing will provide contract terms, general and supplemental conditions. Management of services during the bid phase will be handled by the County's Purchasing Department including advertising, contract preparation and review, bidder coordination, and facilitation of the pre-bid meeting and site visit. • The replacement clarifiers will be designed to operate using the existing electrical connections and SCADA system. No reprogramming of the SCADA system will be necessary for integration of the new clarifier mechanisms. No new connections to the SCADA system will be required. • Information requested by bidders or by the contractor will be existing and available. None will require the engineer to create content not provided in the RFP. • Record drawings will not be required. • No relocation of existing utilities or yard piping will be required. • No new utility connections or yard piping will be required. • The scope of work pertains to all equipment contained within the clarifier basins or located atop the clarifier basins. Piped connections to the clarifiers will be sufficient as they are. • Existing bridges will be cleaned in place and maintained. • The basin dimensions are sufficient for the new mechanisms, and no structural modifications are required. • The retrofitted clarifiers will only be required to operate at the capacity for which the clarifiers were originally designed. No capacity increase is necessary. Exclusions This scope does not include the engineering design of a clarifier. No engineering analysis or design is required because the proposed new mechanisms are sufficiently identical to the existing. This scope does not include preparation of traditional bidding documents. No technical memoranda, engineering reports, calculations, drawings, specifications or construction cost opinions will be delivered. Any drawings included as RFP attachments will be conceptual in nature and intended to guide the general contractor. Where bidders seek information not already contained in the RFP, each bidder will be required to field verify or request the information during the bid phase. 7 42 ExhibitA West Regional WWTP Clarifier Improvements ATKINS Compensation Atkins proposes to perform the work on a Fixed Fee basis with budgets between the sub -tasks and expenses being interchangeable. The estimated total engineering fee including labor and expenses associated with the scope of work is not to exceed $222,313.70 as summarized in the table below and presented in detail in Exhibit B. Task No. Task Fee 1 Project Management and Meetings $ 41,768.00 2 Data Collection $ 11,552.00 3 Asset Management $ 7,280.00 4 Walker Proposal $ 19,680.00 5 Request for Proposal $ 31,112.00 6 Bid Phase Services $ 14,244.00 7 Construction Phase Services $ 76,232.00 8 Change Order $ 10,648.00 Expenses $ 9,797.70 Total Fee $222,313.70 43 ATKINS Exhibit B Cost Detail 44 Cost Proposal - Detail IRC West Regional WWTF Clarifier Improvements - Total Fee Indian River County Submittal Date: Sep -28-2023 Task# Resource Description OCH Rate Unit Qty Extended Price Category Pool 01 Project Management and Meetings Labor Sr. Project Manager Home 260.00 Hr 56.0 14,560.00 Sr. Engineer IV Home 260.00 Hr 4.0 1,040.00 Sr. Engineer 1 Home 154.00 Hr 14.0 2,156.00 Sr. Project Manager Home 260.00 Hr 30.0 7,800.00 Sr. Engineer IV Home 260.00 Hr 4.0 1,040.00 Sr. Engineer 1 Home 154.00 Hr 34.0 5,236.00 Sr. Project Manager Home 260.00 Hr 24.0 6,240.00 Sr. Engineer 1 Home 154.00 Hr 24.0 3,696.00 Labor Total 190 41,768.00 01 Project Management and Meetings Total 41,768.00 02 Data Collection Labor Sr. Project Manager Home 260.00 Hr 16.0 4,160.00 Sr. Engineer 1 Home 154.00 Hr 48.0 7,392.00 Labor Total 64 11,552.00 02 Data Collection Total 11,552.00 03 Asset Management Labor Sr. Project Manager Home 260.00 Hr 24.0 6,240.00 Sr. Engineer IV Home 260.00 Hr 4.0 1,040.00 Labor Total 28 7,280.00 03 Asset Management Total 7,280.00 04 Walker Proposal Labor Contains sensitive information 45 Cost Proposal - Detail IRC West Regional WWTF Clarifier Improvements - Total Fee Indian River County Submittal Date: Sep -28-2023 Resource UCH Task# Description Rate Unit Qty Extended Price Category Pool Sr. Project Manager Home 260.00 Hr 44.0 11,440.00 Sr. Engineer IV Home 260.00 Hr 8.0 2,080.00 Sr. Engineer 1 Home 154.00 Hr 40.0 6,160.00 Labor Total 92 19,680.00 04 Walker Proposal Total 19,680.00 05 Preparation of RFP Labor Sr. Project Manager Home 260.00 Hr 24.0 6,240.00 Sr. Engineer IV Home 260.00 Hr 8.0 2,080.00 Sr. Engineer 1 Home 154.00 Hr 40.0 6,160.00 Chief Designer Home 196.00 Hr 20.0 3,920.00 Sr. Project Manager Home 260.00 Hr 12.0 3,120.00 Sr. Engineer IV Home 260.00 Hr 16.0 4,160.00 Sr. Engineer 1 Home 154.00 Hr 20.0 3,080.00 Chief Designer Home 196.00 Hr 12.0 2,352.00 Labor Total 152 31,112.00 OS Preparation of RFP Total 31,112.00 06 Bid Phase Services Labor Sr. Project Manager Home 260.00 Hr 32.0 8,320.00 Sr. Engineer IV Home 260.00 Hr 2.0 520.00 Sr. Engineer 1 Home 154.00 Hr 30.0 4,620.00 Chief Designer Home 196.00 Hr 4.0 784.00 Labor Total 68 14,244.00 06 Bid Phase Services Total 14,244.00 07 Construction Phase services Contains sensitive information 46 Cost Proposal - Detail IRC West Regional WWTF Clarifier Improvements - Total Fee Indian River County Submittal Date Resource OCH 6.0 1,560.00 Task# Description 12,936.00 Rate Unit Category Pool 124.0 19,096.00 Labor 16.0 2,464.00 Home Sr. Project Manager Home 260.00 Hr Sr. Engineer IV Home 260.00 Hr Sr. Engineer 1 Home 154.00 Hr Sr. Project Manager Home 260.00 Hr Sr. Engineer IV Home 260.00 Hr Sr. Engineer 1 Home 154.00 Hr Labor Total 07 Construction Phase Services Total O8 Change Orders Labor Sr. Project Manager Sr. Engineer IV Sr. Engineer 1 Sr. Project Manager Sr. Engineer IV Sr. Engineer 1 Labor Total O8 Change Orders Total 09 Expenses Travel Sep -28-2023 Qty Extended Price 68.0 17,680.00 6.0 1,560.00 84.0 12,936.00 88.0 22,880.00 8.0 2,080.00 124.0 19,096.00 378 76,232.00 76,232.00 Home 260.00 Hr 8.0 2,080.00 Home 260.00 Hr 4.0 1,040.00 Home 154.00 Hr 16.0 2,464.00 Home 260.00 Hr 8.0 2,080.00 Home 260.00 Hr 2.0 520.00 Home 154.00 Hr 16.0 2,464.00 54 10,648.00 10,648.00 Airfare 1,000.0 6.0 Meals 60.0 6.0 Lodging 200.0 6.0 Car Rental 60.0 12.0 Travel Mileage 0.655 1,340.0 Contains sensitive information 8,280.00 6,000.00 360.00 1,200.00 720.00 997.70 47877.70 Cost Proposal - Detail IRC West Regional WWTF Clarifier Improvements - Total fer.., Indian River Country Submittal Date: Sep -28-2023 Task# Resource Description OCH Rate Unit Qty Extended Price Category Pool Tolls 20.0 6.0 120.00 ODCs 8.0 520.00 Shipping & Postage 20.0 1.0 20.00 Copies & Prints 500.0 - 1.0 500.00 Subcontract and Expenses Total 9,797.70 09 Expenses Total 9,797.70 Total Extended Price 222,313.70 Contains sensitive information 48 ATKI N S Exhibit C Time Schedule 49 ATKINS Schedule The anticipated schedule shown below is based on the weeks after the formal issuance of the signed Work Order and a Notice to Proceed (NTP) by the County. Task Project Kick -Off Meeting and Site Visit Begin Data Collection and Review Negotiate Walker Proposal Draft RFP Review by County Final RFP RFP Released by County Award Recommendation Task Start of construction Substantial completion Letter of Concurrence Duration from Engineering NTP 2 weeks 4 weeks 10 weeks 14 weeks 16 weeks 18 weeks 22 weeks 30 weeks Duration from Construction NTP 12 weeks 42 weeks 52 weeks 50 Consent Item ?P Indian River County, Florida Department of Utility Services Board Memorandum Date: September 29, 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 Prepared by: Robert J. Tobar, EI, Utility Design Engineer Subject: Bowman Consulting Group, LTD. Work Order 14 Amendment 1— North County 24 -Inch Force Main Replacement Background: Indian River County Department of Utility Services (IRCDUS) manages lift station 203, which is located at the decommissioned North Wastewater Treatment Facility (NWWTF). Lift Station 203 receives sewage from a 24 -inch ductile iron force main that runs west to the facility from Old Dixie Highway. The 24 -inch force main is a high-value asset, carrying sewage from Indian River County's north wastewater service area directly to lift station 203, then pumped to the IRCDUS Central Wastewater Treatment Facility (CWWTF). During a recent repair of the 24 -inch force main, it was discovered that the pipeline is significantly corroded and determined that the likelihood of failure is very high. In addition, the consequences of failure include significant damage to private property thus exposing IRCDUS to significant financial risk. It was determined that the optimum solution to mitigate the high risk of failure of the 24 -inch force main, is to undertake a capital project to do a complete replacement on a fast-track basis. On February 21, 2023, the Board of County Commissioners (BCC) approved Work Order (WO) 14 to Bowman Consulting Group, LTD. (Bowman) in the amount of $88,230.00 to provide design, bid support, and construction management services during construction (SDC) for replacement of the 24 -inch force main. WO 14 was executed under Bowman's CCNA 2018 contract, renewed and extended in 2021. Discussion: As noted above, the project to replace the 24 -inch force main is being done on a fast-track basis (i.e., expedited schedule) due to the high financial risk of failure. During a design constructability review, it was determined that changing the new force main alignment, by moving it approximately 50 -feet south of the existing location, would avoid conflicts with Red Stick Golf Course and allow construction to commence sooner (i.e., reduce timeline to complete). This, in turn, requires an easement dedication to Indian River County, which will require an additional scope of services by Bowman. Page 1 of 2 51 Consent Item Staff has conducted negotiations with Bowman to prepare Amendment 1 to WO 14 in the amount of $20,296.34 (see attached). This amendment includes additional services needed to accommodate the revised placement of the proposed force main. Upon approval of Amendment 1 to WO 14, the new total amount for WO 14 would increase to $108,526.34. Staff has determined that it is in the County's best interest to proceed with the work proposed by Bowman in Amendment 1 to WO 14. Funding: Expenses in the amount of $20,296.34 for this project will be taken from the utilities operating capital account Utilities/WIP/NWWTF 24" FM Replacement, number 471-169000-23503. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/WIP/NWWTF 24" FM Replacement 471-169000-23503 $20,296.34 Recommendation: Staff recommends the Board of County Commissioners approve Amendment 1 to Work Order 14 for Bowman Consulting Group, LTD., to provide additional services to change the alignment of the North County 24 -inch force main in the amount not -to -exceed $20,296.34, and authorize the Chairman to sign on their behalf. Attachments: • Amendment 1 To Work Order No. 14 - Bowman Consulting Group Page 2 of 2 52 AMENDMENT 1 TO WORK ORDER 14 24" FORCEMAIN REPLACEMENT PID 21.23.503 This Amendment 1 to Work Order Number 14 is entered into as of this _ day of 2023, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Bowman Consulting Group, Ltd. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 14, Effective Date February 21, 2023. 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 1 to Work Order 14 as of the date first written above. CONSULTANT: By: /�- Pri Name: John M. Boyer, P.E. Title: Senior Project Manager 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 53 Work Order 14 Amendment 1 EXHIBIT A — SCOPE OF WORK PID 21.23.503 Bowman Consulting Group (Bowman) will provide professional services to Indian River County Dept of Utility Services (Utilities) to replace a segment of 24" ductile iron forcemain between the North County Wastewater Treatment Facility (NCWWTF) site and Old Dixie Highway. During a recent repair the subject main was found to be significantly corroded. Excavation and visual inspection of other locations along that segment of main revealed similar distress. The likelihood that the pipe will fail again is high. Utilities has therefore requested that Bowman prepare an engineering design to replace this high-value asset. Bowman proposes to provide the following services: Task 8 — Additional Survey alone the Revised Forcemain Alignment Bowman will provide additional topographic data along the revised forcemain alignment, generally the area south of the original alignment. The field data will be merged with the data of the prior survey. 1. Boundary lines will be plotted from the best available evidence. A Boundary Survey is not a part of this scope. 2. All above ground visible utilities and drainage features will be located along with the associated invert elevations determined. 3. An appropriate number of elevations will be collected to generate contours at a 1 -foot interval. 4. Gopher tortoise burrows will be located as marked by others. Deliverables Certified PDF and Paper Copies of the Revised Survey Task 9 — Sketch and Legal Description of Proposed Utility Easement Bowman will provide a sketch and legal description of the proposed 20 -foot -wide utility easement. Deliverables Certified PDF and Paper Copies of the Sketch and Legal Description Task 10 — Additional Tortoise Survey & Relocation Permitting Bowman will provide a gopher tortoise survey of 100% of on-site suitable tortoise habitat along the revised alignment. The survey will determine the number and location of the tortoises in the work area. *Note: the professional fee for this task does not include the FWC application fee, which is based on the resident tortoise population. As set forth in Work Order 14, Task 2, Bowman will discuss fees for relocation following the tortoise survey if necessary. 54 Work Order #14 — Bowman Consulting Group IRCDUS 24 -inch Forcemain Replacement Amendment 1 Task 11— Additional Subsurface Soils Exploration Bowman will provide a subsurface soils exploration to support the forcemain thrust block design. The exploration will consist of one (1) boring at the location of the thrust block. A geotechnical report will be provided to include bore logs, soil classification, thickness of soil layers, number of blows per foot (N Value), groundwater depth, and soil bearing capacity. Deliverables Geotechnical Report. Task 12 — Supplemental Engineering Design Bowman will revise the 30% design plans to illustrate the revised alignment. This task shall include two meetings with Redstick Golf Club to discuss the project and related easement. Deliverables Meeting Attendance Revised 30% Plans SERVICES AND/OR INFORMATION TO BE PROVIDED BY OTHERS Client or others will provide the following services and/or information: A. Client will make available GIS, as -built drawings, easements and other records, and field locate the subject main. Provide record -drawings and information of existing improvements and utility -owned facilities and other substructures. C. Coordinate access to Redstick Golf Course for survey, soil borings, and construction. Page 2 of 3 55 Work Order #14 — Bowman Consulting Group IRCDUS 24 -inch Forcemain Replacement Amendment 1 SPECIFIC EXCLUSIONS The scope of work is limited that described above. Additional professional services may be provided by amendment to this work order. EXHIBIT B — FEE SCHEDULE Bowman will provide the services described above for the following lump sum fees: Task 8 — Additional Survey $ 11,210.00 Task 9 — Sketch & Legal Description $ 1,295.00 Task 10 — Additional Subsurface Soils Exploration $ 1,650.00 Task 11— Additional Listed Species Survey $ 2,420.00 Task 12 — Supplemental Engineering Design $ 3,721.34 Total: $ 20,296.34 EXHIBIT C — TIME SCHEDULE This Task Order shall commence upon Notice to Proceed (NTP) with the work to be completed within 45 days. Page 3 of 3 56 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 Work Director SUBJECT: FDOT Small County Outreach Program (SCOP) Agreement and Resolution Authorizing the Chairman's Signature for Construction and CEI of 43rd Avenue (12th Street to 18th Street) IRC -1818, FM No. 444270-1-54-01 DATE: September 21, 2023 DESCRIPTION AND CONDITIONS Indian River County applied for and received a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in the amount of $1,470,610.00 for the Construction and CEI (Construction Engineering and Inspection Services) for the milling and resurfacing of 43rd Avenue from 12th Street to 18th Street (estimated total cost for the project is $4,546,186.00). The proposed resurfacing improvements will include 6 -foot sidewalks and 5 -foot paved bike lanes and will connect with the pedestrian and bike lane facilities constructed with the SR60 and 43rd Avenue project. The County's anticipated portion is estimated to be 67.6518% of the total project cost, which would be $3,075,576.00. FUNDING Per the SCOP grant agreement, the County must fund the project and then request reimbursement of the grant share from FDOT to a maximum amount of $1,470,610.00 of the total cost for the project. Current funding scheduled in the Capital Improvement Element (CIE) is $3,000,000.00. The additional $1,546,186.00 will be programmed into the 2023 CIE. Funding for the County's cost share in the amount of $3,075,576.00 of the estimated cost will be budgeted in Account No. 31521441-066510- 22027/Optional Sales Tax/43rd Avenue Peds/Access Improvements 12th Street to be 18th Street. COMMENDATION Staff recommends the Board of County Commissioners approve the Small County Outreach Program (SCOP) Agreement and Resolution and authorize the Chairman to execute the same. ATTACH M F NTS Indian River County Grant Form 2. Authorizing Resolution 3. FDOT Small County Outreach Program (SCOP) Agreement FM No. 444270-1-54-01 APPROVED AGENDA ITEM FOR OCTOBER 17, 2023 C:\GranicusUxgistar5\L5\Temp\02742f46-3b4d-434a-91 ac-bedcd8675767.docx 57 GRANT NAME: Construction and CEI of 43rd Avenue (12th Street to 18th Street) GRANT # AMOUNT OF GRANT: $1,470,610.00 FM 444270-1-54-01 DEPARTMENT RECEIVING GRANT: Public Works/Engineering CONTACT PERSON: Kirstin Lelendecker, P.E. TELEPHONE: 772-226-1327 1. How long is the grant for? Until June 30, 2025 Starting Date: Once FDOT issues NTP 2. Does the grant require you to fund this function after the grant is over? P 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 67.6518 oho 5. Grant match amount required � 3, 075, 576.00 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? 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? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Yes No Yes X No Yes X No Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 1 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? $ Kirstin Leiendecker, P.E. ��°°°.,R� °E"�'°-°�"�°` 9-28-2023 Signature of Preparers °.. ��, ��, ��,: , �•� Date: 58 Grant Amount Other Match Costs Not Covered Match Total First Year $1,470,610.00 $ $3,075,576.00 $4,546,186.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Kirstin Leiendecker, P.E. ��°°°.,R� °E"�'°-°�"�°` 9-28-2023 Signature of Preparers °.. ��, ��, ��,: , �•� Date: 58 RESOLUTION NO. 2023 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CHAIRMAN'S EXECUTION OF SMALL COUNTY OUTREACH PROGRAM (SCOP) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION AND CEI OF 43RD AVENUE (12TH STREET TO 18TH STREET) WHEREAS, the milling and resurfacing of 43`d Avenue from 12th Street to 18th Street is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for construction and CEI of 43`d Avenue from 12th Street to 18th Street under the Small County Outreach Program (SCOP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, Small County Outreach Program Agreement for FM No. 444270-1-54-01; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Small County Outreach Program (SCOP) Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner motion was seconded by Commissioner follows: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Laura Moss Commissioner Joseph E. Flescher Commissioner Deryl Loar who moved its adoption. The and, upon being put to a vote, the vote was as The Chairman thereupon declared the resolution passed and adopted this day of 12023. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Joseph H. Earman, Chairman Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, County Attorney 59 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT 525-010-60 PROGRAM MANAGEMENT 09/22 FPN: 444270-1-54-01 Fund: SCOP FLAIR Category: 085576 Org Code: 55043010404 FLAIR Obj: 751000 FPN FPN Fund: Org Code: Fund: Org Code: County No:88 Contract No: FLAIR Category: FLAIR Obj: FLAIR Category: FLAIR Obj: Vendor No: THIS STATE -FUNDED GRANT AGREEMENT ("Agreement") is entered into on , (This date to be entered by DOT only) by and between the State of Florida Department of Transportation, ("Department"), and Indian River County, ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties" NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7), and (select the applicable statutory authority for the program(s) below): ❑ Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008) ® Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009) ❑ Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Legal Authority , Insert Funding Program Name , Insert CSFA Number The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Construction and CEI of 43rd Ave from 12th Street to 18th Street, as further described in Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement ("Project"); to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before June 30, 2025. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement, or for work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, the Page 1 of 14 60 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGE 09/22 Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department. 4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. 5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable laws or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination in writing within thirty (30) days of the Department's determination to terminate the Agreement, with instructions as to the effective date of termination or to specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: a. The estimated cost of the Project is $4,546,186.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", Schedule of Financial Assistance, attached and incorporated in this Agreement. The Schedule of Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties. b. The Department agrees to participate in the Project cost up to the maximum amount of $1,470,610.00 and, additionally the Department's participation in the Project shall not exceed 75% of the total cost of the Project, and as more fully described in Exhibit "B". The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. c. The Department's participation in eligible Project costs is subject to, but not limited to: i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; Page 2 of 14 61 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osa2 ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iii. Department approval of the Project scope and budget at the time appropriation authority becomes available. 7. Compensation and Payment: a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial Assistance in Exhibit "B". b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties. c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel expenses are not compensable under this Agreement. f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. Page 3 of 14 62 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-50 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT os/zz If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. L If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. I. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." Page 4 of 14 63 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGE 009/22 m. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation, shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. n. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8. General Requirements: The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. The Recipient must obtain written approval from the Department prior to performing itself (through the efforts of its own employees) any aspect of the Project that will be funded under this Agreement. ❑ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). b. The Recipient shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or additional work on the Project under this Agreement without the prior written approval of the claim or request for additional work by Department. 9. Contracts of the Recipient a. The Department has the right to review and approve any and all third party contracts with respect to the Project before the Recipient executes any contract or obligates itself in any manner requiring the disbursement of Department funds under this Agreement, including consultant or construction contracts or amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval, the Department may deny payment to the Recipient. The Department may review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties hereto that participation by the Department in a project that involves the purchase of commodities or contractual services or the purchasing of capital equipment or the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, Page 5 of 14 64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osizz construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that are not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department. c. Participation by the Department in a project that involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and the cost of the Project is to be paid from state -appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 10. Design and Construction Standards and Required Approvals: In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient's use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant for the design phase of the Project using the Recipient's normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not Page 6 of 14 65 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osizz limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. If any portion of the Project will be located on, under, or over any Department -owned right-of-way, the Department shall review the Project's design plans for compliance with all applicable standards of the Department, as provided in Exhibit "O", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement. f. The Recipient shall adhere to the Department's Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient's contractor to post a payment and performance bond in accordance with applicable law. I. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as -built plans of any portions of the Project funded through the Agreement prior to final inspection. 11. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ❑ shall ® shall not maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "D". This provision will survive termination of this Agreement. 12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Recipient's use of state financial assistance may include but not be limited to on- site visits by Department staff and/or other procedures including, reviewing any required performance and Page 7 of 14 66 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAMMANAOEMENT osizz financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: In the event the Recipient meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "J", State Financial Assistance (Florida Single Audit Act) to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, 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. ii. In connection with the audit requirements, 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)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a 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 Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Page 8 of 14 67 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/22 Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTS ingleAudit(a)dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(a)aud.state.fl.us v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Recipient's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or its designee, DFS or the Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 13. Restrictions, Prohibitions, Controls and Labor Provisions: a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public Page 9 of 14 68 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn2 entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. The Recipient shall: I. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and Expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 14. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of the Department's or the Recipient's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or Page 10 of 14 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01"0 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osrz2 employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY]. The foregoing indemnification shall not constitute a waiver of the Department's or [RECIPIENT']'s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." d. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. e. If the Recipient elects to self -perform the Project, and such self -performance is approved by the Department in accordance with the terms of this Agreement, the Recipient may self -insure and proof of self-insurance shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Recipient is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein Page 11 of 14 70 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osiz2 shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. g. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policyiies procured above. 15. Miscellaneous: a. In no event shall any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes i. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 16. Exhibits. a. Exhibits A, B, D, F, and J are attached to and incorporated into this Agreement. b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is attached and incorporated into this Agreement. Page 12 of 14 71 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osiz2 c. ❑ Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement. d. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "K", Advance Project Reimbursement is attached and incorporated into this Agreement. e. ❑ A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit O, Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. f. ❑ The following Exhibit(s), in addition to those listed in 16.a. through 16.f., are attached and incorporated into this Agreement: g. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance *Exhibit C: Engineer's Certification of Compliance Exhibit D: Recipient Resolution Exhibit F: Contract Payment Requirements *Exhibit H: Alternative Advance Payment Financial Provisions Exhibit J: State Financial Assistance (Florida Single Audit Act) *Exhibit K: Advance Project Reimbursement *Exhibit O: Terms and Conditions of Construction in Department Right -of -Way *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. The remainder of this page intentionally left blank. Page 13 of 14 72 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT 525-010-60 PROGRAM MANAGEMENT 09/22 IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. RECIPIENT Indian River County By: Name: Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: John P. Krane, P.E. Title: Director of Transporation Development Legal Review: By: Name: Francine Steelman Page 14 of 14 73 IN/ Ofce of Public Hearings October 17, 2023 INDIAN RIVER COUNTY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: October 5, 2023 ATTORNEY SUBJECT: Public Hearing: Amending the Code of Indian River County, Section 102.04, Order of Business Agenda for County Commission Meetings; and Amending Section 901.03 Definitions in Alphabetical Order In Section 102.04, the Code of Indian River County sets forth the order of business for the agenda for each meeting of the Board of County Commissioners (Board). Codification of the order of business provides for an organized, consistent and efficient Board meeting. Recently, new County departments were formed, some County departments were reorganized, and some were eliminated. These changes were made to keep up with increased growth, increased public interest in areas of County government and improved organization. For example, the Community Services Department was created to better serve the needs of our increasing population. The Natural Resources Department was created to organize efforts concerning the Indian River Lagoon, the County's beaches and shores, and other important parts of the County's ecosystem. In order to have a regular place on the Board's agenda, the order of business needs to be amended. Attached in underline and 6tFwkethFG qh format is the proposed ordinance amendment. Fundinq: There is no impact to County funds as a result of this ordinance amendment. Recommendation: Staff recommends the Board open the public hearing, take input from any interested parties and approve the Code amendment and authorize the Chairman to execute the code amendment on behalf of the Board. Attachment: Proposed Code Amendment C: IGraniewILcomr5l51TempW7ci73QcJ1ef-4151-9/83-bO739J3b7a7fdm 74 ORDINANCE NO. 2023 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY, SECTION 102.04, ORDER OF BUSINESS AGENDA FOR COUNTY COMMISSION MEETINGS; TOGETHER WITH AMENDING SECTION 901.03 DEFINITIONS IN ALPHABETICAL ORDER; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, the Code of Indian River County sets forth the order of business for the Board of County Commissioners to follow during the course of their County Commission meetings, and WHEREAS, the agenda for each meeting provides for an organized and professional meeting; and WHEREAS, due to the increased growth of Indian River County and changes occurring in state and local government, additional departments in the County have been formed and some departments have seen their duties change; and WHEREAS, because of these changes, the order of business as it appears on the agenda must be changed; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 102.04. - Order of business. The order of business shall appear on the agenda as follows: 1. Call to order. 2. a. Moment of silent reflection for first responders and members of the Armed Forces. b. Invocation. 3. Pledge of Allegiance. 4. Additions or deletions to the agenda/emergency items. 5. Proclamations and presentations. 6. Approval of minutes. 7. Information items from staff or commissioners not requiring board action. 8. Consent agenda. 9. Constitutional officers and governmental agencies. Coding: Words underscored are additions to text; words in strikethro „h format are deletions to text. 1 75 ORDINANCE NO. 2023- 10. Public items: a. Public hearings; b. Public discussion items; C. Public notice items. 11. County administrator matters. 12. Departmental matters: a. Community Services deYelGprne^+- b. Emergency services; G. General coiroc; cd. Human resources; de. Information technology; e. Natural Resources; f. Office of management and budget; g. Parks, recreation and conservation; h. Planning and development services; i. Public works; 1#. Utilities services. 13. County attorney matters. 14. Commissioners matters. 15. Special districts and boards. a. Emergency services district; b. Solid waste disposal district; C. Environmental control board. 16. Adjournment. (Ord. No. 90-19, § 1, 9-18-90; Ord. No. 94-32, § 1, 11-22-94; Ord. No. 97-20, § 1, 6-17-97; Ord. No. 2000-002, § 2, 2-1-00; Ord. No. 2003-020, § 1, 7-8-03; Ord. No. 2008- 006, § 1, 3-11-08; Ord. No. 2014-005, § 3, 4-1-14; Ord. No. 2020-011, § 2, 9-22-20) Coding: Words underscored are additions to text; words in stFikethmugh format are deletions to text. 2 76 ORDINANCE NO. 2023 - Section 901.03 Definitions in alphabetical order. Community development shall mean the Planning and Developmental Services Department. Community Development Director shall mean the planning and development services nirarrtnr (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 1, 2-27-91; Ord. No. 91-23, § 1, 5-15-91; Ord. No. 91-48, §§ 1-7, 12-4-91; Ord. No. 92-39, §§ 1-4, 9-29-92; Ord. No. 93-7, § 2, 3-18-93; Ord. No. 93-8, §§ 2-7, 32, 3-18-93; Ord. No. 93-29, §§ 1B, 3A, 3B, 4A -4D, 12A, 9-7-93; Ord. No. 94-1, §§ 1A, 2A, 5A -5C, 1-5-94; Ord. No. 94-25, §§ 18(G), (H), 19, 8-31-94; Ord. No. 95-10, §§ 8A, 20A, 5-31-95; Ord. No. 96-6, § 1, 2-27-96; Ord. No. 97-16, § 1(A), (B), 5-6-97; Ord. No. 98-9, §§ 2A, 6, 5-19-98; Ord. No. 99-26, § 2, 9-28- 99; Ord. No. 99-13, § 1, 5-5-99; Ord. No. 2000-004, § 1, 2-15-00 Ord, No. 2000-026, § 1, 7-18-00; Ord. No. 2001-016, § 1, 6-19-01; Ord. No. 2002-030, § 1, 11-12-02; Ord. No. 2003-001, § 1, 1-21-03; Ord. No. 2004-041, § 1, 12-7-04; Ord. No. 2007-012, § 1, 3-20- 07; Ord. No. 2008-021, § 1, 12-16-08; Ord. No. 2011-008, § 2, 9-13-11; Ord. No. 2012- 013, § 1, 7-10-12; Ord. No. 2012-023, § 1, 7-10-12; Ord. No. 2012-036, § 2, 11-6-12; Ord. No. 2014-012, §§ 1, 2, 6-17-14; Ord. No. 2015-013, § 1, 9-22-15; Ord. No. 2015-014, § 1, 10-13-15; Ord. No. 2015-015, § 1, 10-13-15; Ord. No. 2016-011, § 1, 10-18-16; Ord. No. 2017-002, § 1, 3-7-17; Ord. No. 2022-002, § 2, 2-1-22; Ord. No. 2022-014, § 1, 12- 6-22) Section 1. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 2. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 3. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the th day of October, 2023, for a public hearing to be held on the th day of , 2023, at which time it was moved for adoption by Commissioner seconded by Commissioner and adopted by the following vote: Coding: Words underscored are additions to text; words in strikethFeUgI4 format are deletions to text. 3 77 ORDINANCE NO. 2023 - Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this 17th day of October, 2023. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA =/ ATTEST: RYAN L. BUTLER, CLERK AND COMPTROLLER By: Deputy Clerk Approved as to form and Legal sufficiency: William K. DeBraal Deputy County Attorney Joseph H. Earman, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the _ day of , 2023. Coding: Words underscored are additions to text; words in strikethroug4 format are deletions to text. 4 78 Lorca I Q Florida PO Box 631244 Cincinnati, OH 45263-1244 GANNETT PROOF OF PUBLICATION INTENT - "PUBLIICOHEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners Nadia Westerik of Indian River County, Florida, will Indian River County $ace Legals conduct a Public Hearing to 1801 27Th ST consider adoption of a proposed ordinance entitled: V Vero Beach FL 32960-3388 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY, STATE OF WISCONSIN, COUNTY OF BROWN SECT ON 102.04, ORDER OF BUSI- NESS AGENDA FOR COUNTY COMMISSION MEETINGS; AND --- —Before-the-undersigned•authority-personally appeared, -who ---PROVIDING FOR CODIFICATION, SE V ERAflt L-fTY; -'--R E PE9cC---O on oath says that he or she is the Legal Advertising AND AN"FLICTING EFFECTIVE DATE.IONS, Representative of the Indian River Press Journal/St Lucie The Public Hearing will be held on Tuesday, October 17, 2023 at 9:05 News Tribune/Stuart News, newspapers published in Indian a.m., or as soon thereafter as the matter may be heard, In the County River/St Lucie/Martin Counties, Florida; that the attached Commission Chambers located on copy of advertisement, being a Legal Ad in the matter of the first floor of Building A of the county Administrative Complex, Govt Public Notices, was published on the publicly Florida7th 32960,t tewhich e time inter- accessible websites of Indian River/St Lucie/Martin ested parties may be heard with respect to the proposed ordinance. Counties, r in a newspaper b rint in the issues Florida,,Y The proposed ordinance may be p inspected by the public during regu- of, on: lar business hours (8:30 a.m. to 5:00 P.m., Monday through Friday) at the Office of the Clerk to the Board of County Commissioners located on 10/06/2023 the second floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Affiant further says that the website or newspaper complies Florida; or alternotively, the proposed ordinance may be with all legal requirements for publication in chapter 50 Anyone who may winspected 01 may wish to to appeal any Florida Statutes. decision which may be made at this meeting will need to ensure that a Subscribed and sworn to before me, by the legal clerk, who of the proceedings is made which includes testimony is personally known to me, on 10/06/2023 and evidence upon which the appeal is based. Anyone who needs a special accom- modation for this meeting must contact the County's Americans With Disabilities Act (ADA) Coordi- Legal Clerk inaadvhe2meetingsf 46 hours ance2o 26 INDIAN RIVER COUNTY BOARD T -OF COUNTY COMMISSIONERS_-.____ JOSEPH H. EARMAN, CHAIRMAN Notary, State Of i, 0 Of $r0 6 OctTCN9362298 �Z My commision expires Publication Cost: $119.56 Order No: 9362298 # of Copies: Customer No: 1125968 1 PO #: TFIIS IS NOT AN INVOICE! Please do no[ use thisform for payment remittance. KAITLYN FELTY Notary Public State of Wisconsin Page 1 of 1 �,.. �•.., �'�e -, ,.. � r _ _ .,E, _ -_ e " � ,. � "'#� -tea` �c � a,.-<�,r ��,�. F *r>: ., ;a_ _,�. ` �.�..' . - ..�,.� .. C3annett Co_, Inc, GANETN T 1 435 E. Walnut Street Green Bay, WI 54301 -3 rr e UbMIMIMpMRR_ y _ �. bb w�ii � RECEIVED OCT 2 0 2023 COUNTY ATTORNEY'S OFFICE fill ,-Ill`11"'ll'll.rl,r1-llll"if�,�E�l�l��n,�,l�l�lf��i,��t Indian River County Florida z � Master File Number: 23-0950 File ID: 23-0950 Version: 1 Department: County Attorney's Office Subject: Type: Public Hearing Project Number: Cost: Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indiandver.gov Status: Agenda Ready In Control: Public Hearings File Created: 10/05/2023 Final Action: 10/17/2023 Title: public Hearing: Amending the Code of Indian River County, Section 102.04, Order of Business Agenda for County Commission Meetings; and Amending Section 901.03 Definitions in Alphabetical Order (Legislative) Internal Notes: Code Sections: ; Agenda Date: 10/17/2023 Indexes: Code Amendment Agenda Number: 10.A.1. Sponsors: Enactment Date: Attachments: Staff Report, Proposed Code Amendment Enactment Number: Bid Number: Hearing Date: Entered by: nwesterik@ircgov.com Effective Date: Approval History Version Seq # Action Date Approver Action Due Date 1 1 10/5/2023 Bill DeBraal Approve 10/9/2023 1 2 10/6/2023 Ruth Bommarito Approve 10/9/2023 1 3 10/6/2023 Kristin Daniels Approve 10/10/2023 1 4 10/6/2023 Nadia Westerik - FYI Notified - FYI 1 5 10/6/2023 Tina Cournoyer Approve 10/9/2023 1 6 10/11/2023 John Titkanich Approve 10/10/2023 1 7 10/11/2023 Scott Johnson - FYI Notified - FYI 1 8 10/11/2023 Eric Dietrich - FYI Notified - FYI History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: 1 Board of County 10/17/2023 Adopted Commissioners Indian River County Florida Page 1 Printed on 1012412023 04-3 Master Continued (23-0950) Action Text: Approved staffs recommendation and adopted Ordinance 2023-014, amending the Code of Indian River County, Section 102.04, order of business agenda for County Commission meetings; together with amending Section 901.03 definitions in alphabetical order; and providing for codification, severability, repeal of conflicting provisions, and an effective date. Indian River County Florida Page 2 Printed on 1012412023 79-4 //p County Administrator's Matters Ell Office of the INDIAN RIVER COUNTY ADMINISTRATOR �ZoRt�j'' John A. Titkanich, Jr., ICMA-CM, AICP, County Administrator Michael C. Zito, Deputy County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: John A. Titkanich, Jr., ICMA-CM, AICP, County Administrator DATE: October 11, 2023 SUBJECT: Joint Meeting — City of Vero Beach and Indian River County Background & Discussion Chairman Earman met individually with the mayors of our cities and towns of the county and presented to the BOCC on July 11, 2023, the request to hold a series of joint city -county meetings. The Board supported the Chairman's request. The County and the City of Sebastian have already met jointly, and staff coordinated with the Treasure Coast Regional Planning Council to facilitate the joint meeting between the City of Vero Beach and the Indian River County Board of County Commissioners. The joint meeting is scheduled for Tuesday, October 24th, from 2 p.m. to 4 p.m. The meeting is scheduled to be held at the Indian River County Main Library. Below represents a list of topics as identified by the City of Vero Beach for discussion: 1) Utilities a) Service Territory b) Plant Capacity c) Septic to Sewer 2) Recreation a) Parks b) Boat Ramps 79 County Administrator's Matters c) Lifeguards 3) Regional Growth Impact on the City a) Roadways b) Building Department c) Fire Marshal County staff submits for the Board's consideration the above topics for the joint meeting and any additional items the BOCC may wish to discuss. Staff Recommendation Review, discuss and approve the topics for discussion with the City of Vero Beach. 80 1/6 Administrator's Matters 10.17.23 1`. ER cU2 Office of the INDIAN RIVER COUNTY ? ORI�� ADMINISTRATOR � John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator MEMORANDUM TO: Members of the Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Kathy Copeland, Legislative Affairs and Communications Manager DATE: October 3, 2023 SUBJECT: Four County Joint Resolution Background & Discussion The Indian River County Board of County Commissioners, the St. Lucie County Board of County Commissioners, the Martin County Board of County Commissioners, and the Okeechobee County Board of County Commissioners have agreed to meet to discuss and plan matters of mutual interest. The meeting will be held on Friday, October 27, 2023 at 10:00 am, Indian River State College Pruitt Campus, 500 NW California Blvd., Port St. Lucie, FL, 34966, (STEM Center Auditorium). In accordance with section 125.001, Florida Statutes, the Board is permitted to participate in a joint meeting with the governing bodies of one or more adjacent counties or municipalities to discuss matters regarding land development, economic development, or any other matters of mutual interest. To do so, all three referenced boards are required to: (1) adopt a resolution authorizing the participation in the joint meeting; (2) publicly notice the meeting within its jurisdiction; (3) and hold the meeting in an appropriate public place. Pursuant to section 125.001(2)(b), Florida Statutes, no official vote can be taken at the meeting. Staff Recommendation Staff recommends that the Indian River County Board of County Commissioners adopt the resolution to hold a joint meeting with the Board of County Commissioners for St. Lucie County, the Board of County Commissioners for Martin County, and the Board of County Commissioners for Okeechobee County to discuss joint legislative priorities in anticipation of the State of Florida's 2024 legislative session. Attachment: Proposed resolution authorizing participation in the Four County Commission meeting on October 27, 2023. 81 RESOLUTION NO. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY TO PARTICIPATE IN A JOINT MEETING WITH THE BOARD OF COUNTY COMMISSIONERS OF THE ST. LUCIE COUNTY, THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, AND THE BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, TO DISCUSS AND PLAN MATTERS OF MUTUAL INTEREST; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners for Indian River County desires to participate in a joint meeting with the Board of County Commissioners for St. Lucie County, the Board of County Commissioners for Martin County, and the Board of County Commissioners of Okeechobee County to discuss legislative priorities that we share prior to the State of Florida's 2024 legislative session; and WHEREAS, Section 125.001, Florida Statutes, authorizes county boards to meet and discuss matters of mutual interest with one or more adjacent counties or municipalities; and WHEREAS, Section 125.001, Florida Statutes, further states that such meetings may be held at any appropriate public place within the jurisdiction of any participating county or municipality, and requires that due public notice be provided within the jurisdiction of all participating municipalities and counties; and WHEREAS, Section 125.001, Florida Statutes, further requires that the governing body of a county or municipality must first adopt a resolution authorizing participation in the j oint meeting, NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THAT: Section 1. The above "WHEREAS" clauses are true and correct, and hereby adopted as findings of this Board. Section 2. Pursuant to Section 125.001, Florida Statutes, the Board of County Commissioners is hereby authorized to participate in a joint meeting with the St. Lucie County Commissioners, Martin County Commissioners, and Okeechobee County Commissioners on October 27, 2023 which will be properly noticed within the jurisdiction of all participating counties. taken. Section 3. Notice of this meeting shall be duly advertised and official minutes shall be Section 4. This resolution shall take effect immediately upon adoption. 82 RESOLUTION NO. 2023 - The following resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of 92023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Ryan L. Butler, Clerk Of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: an William K. DeBraal County Attorney Joseph H. Earman, Chairman 83