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HomeMy WebLinkAbout02/20/2024ER C �,ORIV t BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 20, 2024 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov COUNTY COMMISSIONERS Susan Adams, District 1, Chairman John A. Titkanich, Jr., County Administrator Joseph Flescher, District 2, Vice Chairman William K DeBraal, County Attorney Joseph H. Earman, District 3 Ryan L. Butler, Clerk of the Circuit Court and Comptroller Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Bert Wilson, Faith Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph H. Earman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Recognizing African American Pioneer Mrs. Alma Miller Attachments: Proclamation 5.13. Presentation of Proclamation Recognizing African American Pioneer Craig Walker, Sr. Attachments: Proclamation 5.C. Presentation of Proclamation Designating February 2024 As 2-1-1 Awareness Month Attachments: Proclamation February 20, 2024 Page 1 of 6 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Informational Update for Noticed Parks, Recreation & Conservation Department Fee Schedule and Standard Operating Procedures Attachments: Staff Report 7.B. Children's Week February 26th - March 1 st, 2024 Attachments: Children's Week Activity Flyer 2024 7.C. Employee Appreciation Day is March 1, 2024 8. CONSENT AGENDA 8.A. Miscellaneous Budget Amendment 02 Attachments: Staff Report 2023 2024 Resolution Exhibit "A" 8.B. Fourth of July Fireworks Funding Attachments: Staff Report Sebastian Fourth of July 2024 request Vero Beach Fourth of July 2024 request 8.C. Gifford Customer Convenience Center Landscaping Project Attachments: Staff Report Aerial of Gifford Customer Convenience Ctr 8.D. First Amendment to Agreement for Sporting Clays Facility Improvements IRC -1847, Bid No. 2024016 Attachments: Staff Report First Amendment 8.E. Work Order No. 1 Ecological Associates, Inc. HCP Sea Turtle Monitoring North and South County Attachments: Staff Report EAI W0#1 Proposal EAI W0#1 Agreement February 20, 2024 Page 2 of 6 8.F. Work Order No. 6 - Morgan & Eklund, Inc., 2024 Beach Profile Monitoring Surveys (SUMMER) Attachments: Staff Report WO No. 6 Work Order 6 Agreement Execution 8.G. Work Order No. 2018006-18 - APTIM, 2024 Environmental Monitoring - Sector 3 Hurricanes Ian and Nicole Dune Renourishment Attachments: Staff Report Work Order No. 2018006-18 WO No. 2018006-18 Agreement 8.H. Consideration of Revised Indian River County Local Housing Assistance Plan for Fiscal Years 2024-2025, 2025-2026, and 2026-2027 Attachments: Staff Report SHIP Program Funds & Applicant Income Info LHAP with all exhibits Resolution Plan Certification 8.I. Project Closeout and Release of Retainage for Bid 2023021 - Replacement of Pontoon Boat Dock at the Environmental Learning Center Attachments: Staff Report Pay Application No. 5 Change Order No. 1 8.J. Rejection of Bids Received for Sandridge Golf Club New Clubhouse (Bid 2024029) Attachments: Staff Report 8.K. Amendment No. 2 to Work Order No. 14 to Bowman Consulting Group, LTD., North County WWTF 24" Force Main Replacement, IRCDUS Project ID 21.23.503 Attachments: Staff Report Amendment No. 2 To WO No. 14 8.L. Amendment No. 1 to Work Order No. 5 to Masteller & Moler, Inc. for Spoonbill Marsh River Intake Station Access Road & Electric Power, IRCDUS Project ID 12.24.501 Attachments: Staff Report Amendment No. 1 to WO No. 5 February 20, 2024 Page 3 of 6 S.M. Award of Bid 2024017 - Station 11 Roof Replacement Attachments: Staff Report Agreement S.N. The 2024 Indian River County All Disaster Preparedness Expo Event is scheduled to be held at the Jackie Robinson Training Complex on May 11, 2024. Attachments: Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Ryan L. Butler, Clerk of the Circuit Court and Comptroller: Indian River County Clerk of Court's 2024 Operation Green Light Event - March 8-22, 2024 Attachments: Operation Green Light 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Charging Criminal Defendants Additional Fees and Eliminating Costs for Indigent Defendants [LEGISLATIVE] Attachments: Staff Report Proposed Ordinance Amendment B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A 2023 Goal Setting Final Report Attachments: Staff Report Goal Setting Workshop Final Report 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources D. Information Technology E. Natural Resources F. Office of Management and Budget G. Parks, Recreation, and Conservation H. Planning and Development Services I. Public Works February 20, 2024 Page 4 of 6 J. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Opioid Settlement Proceeds to 19th Judicial Circuit Drug Court Program Attachments: Staff Report Account detail of settlement funds 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Joseph H. Earman D. Commissioner Deryl Loar E. Commissioner Laura Moss 14.E.1. Request from Vero Beach Film Festival to use Commission Chambers from April 12-14,2024 Attachments: Commissioner's Memorandum 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of the SWDD Minutes of December 12, 2023 15.B.2. Approval of Amendment No. Ito Work Order No. Ito Geosyntec for Phase 2, Segment 3, Cell 3 Engineering Services Attachments: Staff Report Amend No.1 to WO No 1 15.B.3 Award of Bid for Class 1 Landfill Segment 3 Cell 3 Phase H Project (Bid #2024027) Attachments: Staff Report Geosyntec Opinion of Probable Costs Geosyntec Evaluation of Bids Sample Agreement C. Environmental Control Board 16. ADJOURNMENT February 20, 2024 Page 5 of 6 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.g_ov 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. 00p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1: 00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. February 20, 2024 Page 6 of 6 (::S-4 Proclamation RECOGNIZING AFRICAN AMERICAN PIONEER MRS. ALMA MILLER -Whereas, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and -Whereas, Alma Miller was born and raised in New Jersey; she moved to her husband Glenn's home state of Florida in 1999, the following year she came out of retirement to join the Indian River County Health Department; and -Whereas, Mrs. Miller is a faithful supporter of her church; she served as the District Evangelism Coordinator for the Church of God from 2003-2016 where she touched the lives of many congregants; and -Whereas, Mrs. Miller works throughout Wabasso and the surrounding areas as a Community Human and Health Services Advocate; she plays an instrumental role in bringing essential resources and infrastructure improvements to underserved areas; and -Whereas, Mrs. Miller is a Board Member for the nonprofit organization Coalition for Attainable Homes where she dedicates her time to orchestrating affordable housing for Treasure Coast residents in need. Naw, 7fiierefore, be it Proclaimeddy the Boardof County Commissioners of Indian River County, Florida, we commend Mrs. Alma Miller and recognize her outstanding achievements. She is a pillar of our community and has greatly enriched the lives of countless Vero Beach citizens. Adopted this 20th day of February, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss Proclamation RECOGNIZING AFRICAN AMERICAN PIONEER CRAIG WALKER, SR. -Whereas, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and -Whereas, cooking is Mr. Walker's first passion, and his second passion is helping others. Mr. Walker started a catering business named after his son CJ, known as CJ's World -Famous Barbeque and Catering Services; and -Whereas, Mr. Walker is constantly thinking about helping people in need, no matter how big or small the situation is. He is always there to lend a helping hand. Combining his passions for food and helping others, he put together a holiday feast for Thanksgiving and Christmas. Mr. Walker is also a barber and offers free haircuts to the community for back to school; and -Whereas, Mr. Walker coached Little League Football where he mentored many youths by letting them know all things are possible as long as you are respectful, study and work hard. He created a special bond with many of the coaches and players and continued to stay in touch with them through middle and high school; and -Whereas, Mr. Walker pays his blessings forward, whether he is downtown shopping, out to dinner eating, working with the PTA at Dodgertown Elementary, organizing toy drives for the holidays or on the community streets in Gifford. Naw, Therefore, be it Proclaimeddy the Boardof County Commissioners ofln&an River County, F(orid4a, we recognize Craig Walker and his numerous contributions to the community. Adopted this 20th day of February, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss F0 N#78rATt1111/1�J1J DESIGNATING FEBRUARY 2024 AS 2-1-1 AWARENESS MONTH -Whereas, 2-1-1 helpline and crisis line continues to be that beacon of hope providing life-saving crisis support and guidance when people are overwhelmed and don't know where to turn; and 'Whereas, during these challenging times that include pandemic impact and economic instability and recent hurricanes, 2-1-1's caring and highly trained staff have been the frontline responders 24/7 through it all; and -Whereas, people of all ages and walks of life are reaching out for their growing struggles with mental & emotional health, addiction, housing, health and other concerns, and 2-1-1 staff listen to each and every person to provide available resource options and to help them strategize and problem solve; and -Whereas, 2-1-1 also has specialized advocacy and support programs for the community that include Caregiver Support, Help Me Grow and 2-1-1's life-saving "Sunshine" daily phone calls which continue to brighten the lives of isolated seniors and caregivers; and -Whereas, 2-1-1 also responds to the 988 Lifeline number and support lines that include First Responders and MYFLVET for veterans with peer-to-peer support providing assistance to these specialized groups and their families. Now, -'herefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that February, 2024, is designated as 2-1-1 Awareness Month in Indian River County, and that the Board reminds all citizens who are overwhelmed, in crisis, or just in need of a talk, that 2-1-1 is available at any time to provide referrals for mental health counseling, substance abuse, health care, employment, food assistance, day care, support groups, volunteering, free income tax preparation, and so much more. Adopted this 20' day of February 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss INFORMATIONAL BCC Meeting 2-20-24 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Date: February 9, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator From: Beth Powell, Parks, Recreation & Conservation Director Subject: Informational Update for Noticed Parks, Recreation & Conservation Department Fee Schedule and Standard Operating Procedures BACKGROUND: On January 23, 2024, staff provided the Board with an Informational Item regarding a noticed Parks, Recreation & Conservation Department Fee Schedule update with an anticipated return to the Board for approval on February 20, 2024. DESCRIPTION AND CONDITIONS: In order to glean additional input and insight from the ongoing master planning process, staff will bring the noticed updated fee schedule and Departmental Standard Operating Procedures to the regularly scheduled Board meeting on April 23, 2024, for Board consideration and approval. The noticed fees may be adjusted to address cost recovery for private/limited public benefit programs and facilities charges. Prior to Board consideration, the Departmental Standard Operating Procedures will undergo thorough review for compliance and consistency with County approved Administrative Policies. The noticed fee schedules will remain on the County's webpage, at each facility, and in Parks, Recreation & Conservation offices allowing the public an opportunity to review final adjustments/amendments and presentation for consideration by the Board on April 23, 2024. RECOMMENDATION: There is no action required by the BCC at this time as this is being presented for informational purposes only in advance of formal adoption by the Board of County Commissioners. APPROVED AGENDA ITEM FOR FEBRUARY 20, 2024 4 r V 71 r^ V a r v �klpl �VP O MON. CELEBRATION Of THEEANDS This year marks Indian River County's debut in the Celebration of 226 Hands. Join us for Hands Day, an annual celebration where children, . youth, teachers, and families craft unique hand artwork throughout the month, proudly displayed in the State Capitol. These creations daily remind legislators and visitors that the future of our children is t #InOurHands. TUE. 5TORYbOOK VILLAGE 227 For the first time ever, Indian River County is joining the enchanting world of Storybook Village, following in the footsteps of the State of Florida. Throughout our county, books come to life with celebrity readers, song, dance, and hands-on activities. Be part of this inaugural journey as we create our very own Storybook Village, inspired by the magic unfolding across the State of Florida. TEEN DA"r WEI. This year marks Indian River County's debut in Teen Day. To amplify the 2/28voices of our young adults, we're launching an online survey. Your insights will provide invaluable information about the hopes and dreams of our youth, shedding light on opportunities for growth and areas where additional support may be needed. Join us in this exciting endeavor to better understand and empower our teen community. ThOURTFUL ThUHquav dor the first time, Indian River County is part of Thoughtful Thursday. Join V , us virtually via Zoom for this special event, bringing attendees from across °the state together. Explore insightful and engaging webinars hosted by our esteemed Children's Week Florida T" Partners and advocates. Don't miss x `4 this unique opportunity to connect and learn! M_- Iff A AR FRLIndian River County proudly hosts the Golden Impact Awards for the first 3/1 time. Join us at the Intergenerational Recreation Center of IRC from 1:00-3:00 for this special event featuring guest speakers and the much - anticipated announcement of Golden Impact Awards for outstanding agencies, library programs, and parks and rec programs throughout Indian River County. 0 '1' w '1 Y Y 40 N 1 V 1 4 �. WEEK Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: February 12, 2024 Subject: Miscellaneous Budget Amendment 02 Description and Conditions: 1. The Gifford Aquatic Center (GAC) received damage to their pool covers during a recent storm. Risk Management will provide $10,831 toward the replacement covers, while the remainder of $11,717 will be paid out of MSTU/GAC/Other Machinery & Equipment, Account # 00410572- 066490. Exhibit "A" appropriates the $11,717 from MSTU/Reserve for Contingency. 2. Grants received in advance need to be "rolled" into the new fiscal year. Exhibit "A" appropriates the grants' revenues and expenses. 3. Grants approved by the Board of County Commissioners, but not yet received, need to be "rolled" into the new fiscal year. Exhibit "A" appropriates the grants' revenues and expenses. 4. On January 9, 2024, the Board of County Commissioners approved the St. John's River Water Management District Cost Share Agreement for $50,000. Exhibit "A" appropriates the funding to the revenue and expense accounts for the South Oslo Riverfront Conservation Area Impoundment Restoration project. 5. Human Resources has contracted with Strategic Government Resources (SGR) for executive recruitment services for the new Assistant County Administrator, Natural Resources Director, and Public Works Director. Exhibit "A" appropriates $27,150 from General Fund/Reserve for Contingency, $15,650 from MSTU/Reserve for Contingency and $27,000 from Transportation Fund/Reserve for Contingency. 6. On February 6, 2024, the Board of County Commissioners approved the Florida Fish & Wildlife Conservation Commission Derelict Vessel Removal Grant in the amount of $31,000. Exhibit "A" appropriates the grant's revenue and expense. 7. On January 23, 2024, the Board of County Commissioners approved a Public Transportation Block Grant in the amount of $729,905. Exhibit "A" appropriates the grant's revenue and expense. 8. On February 6, 2024, the Board of County Commissioners accepted a $7,000 donation to be used for the Children's Week Event. Exhibit "A" appropriates the revenue and expense. 9. On January 23, 2024, the Board of County Commissioners approved the FWC Grant Agreement in the amount of $200,000. Exhibit "A" appropriates the revenue and expense for the grant. 6 Board of County Commissioners February 12, 2024 Page 2 10. The Town of Orchid received damage to their beach dunes during Hurricanes Mathew, Irma, and Dorian. As per the Interlocal Agreement between Indian River County and Town of Orchid dated September 6, 2017, the County is to reimburse the Town for any funds received from any federal agencies and the State of Florida for restoration work. Exhibit "A" appropriates the Federal Emergency Management Agency (FEMA) monies received of $978,597 to the revenue and expense accounts for the dune repair. 11. Section 8/Rental Assistance has received additional Emergency Housing Vouchers and Administrative Fees in the amount of $686,325. Exhibit "A" appropriates the revenue and grant expenses. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2023-24 budget. 7 RESOLUTION NO. 2024- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2023-2024 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2023-2024 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2023-2024 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2023-2024 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2024. Attest: Ryan L. Butler Clerk of Court and Comptroller LM Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners =J 1AVA APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 8 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 Entry Type Fund/ Department/Account Name Account Number Increase Decrease MSTU/GAC/Other Machinery & Equipment 00410572-066490 $11,717 $0 1. Expense MSTU/Reserve for Contingency 00419981-099910 $0 $11,717 Emergency Services/Fire Rescue/FL DOH 114033-334293-23701 $36,014 $0 Emergency Med Sery Program Grant Revenue SHIP/State Housing Initiative Grant 123033-334690 $1,951,867 $0 ARP Fund/American Rescue Plan Act 138033-331551 $12,147,787 $0 Emergency Services/Fire Rescue/FL DOH 11412022-066490-23701 $36,014 $0 Emergency Med Sery Program Grant SHIP/Purchase Assistance Loan 12322869-088050 $1,951,867 $0 ARP Fund/Clerk/Budget Transfer -Clerk of 13830086-099020 $513,378 $0 Court ARP Fund/Property Appraiser/Budget 13850086-099060 $15,000 $0 Transfer -Property Appraiser ARP Fund/Supervisor of Elections/Budget 13870086-099110 $91,612 $0 Transfer -Supervisor of Elections ARP Fund/Tax Collector/Budget Transfer -Tax 13840086-099070 $158,574 $0 Collector ARP Fund/Roads/Road Resurfacing 13821441-053360 $1,730,225 $0 2. ARP Fund/SHARP Program/Regular Salaries 13822469-011120 $187,281 $0 Expense ARP Fund/Fire Services/Other Machinery & 13812022-066490 $498,645 $0 Equipment ARP Fund/Information Systems/Computer 13824113-035130 $39,930 $0 Hardware Upgrade ARP Fund/Information Systems/Computer 13824113-035120 $15,884 $0 Software ARP Fund/Budget/Other Professional 13822913-033190 $15,000 $0 Services ARP Fund/SHARP Program/Closing Funds- 13822469-088052 $3,000,000 $0 Homes for Sale ARP Fund/Agencies/United Way 13811069-088006 $520,375 $0 ARP Fund/Construction Progress/South WTP 13821936-066510-19503 $1,422,747 $0 Membranes & Retrofit ARP Fund/Construction Progress/West 13821936-066510-21512 $525,392 $0 Wabasso Sewer Phase 3 ARP Fund/Information Systems/Broadband 13824113-066455 $3,413,744 $0 Land Acquisition Fund/Find Grant/Jones Pier 145033-337304-18010 $84,000 $0 Improvements Secondary Roads/FDOT Grant/6th Ave-US1 109033-334400-19008 $8,419 $0 to 21st Street 3. Revenue Secondary Roads/SCOP Grant/IR Blvd 109033-334400-21014 $176,378 $0 Resurfacing MPO/Metro Planning Org Grant 124033-331422 $146,161 $0 Florida Boating/FIND Grant-ELC Dock 133033-337710-22013 $150,000 $0 Replacement 1 of 3 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Optional Sales Tax/FDOT Grant/43rd Ave- SR 315033-334400-06041 $498,000 $0 60 -18th St Optional Sales Tax/FDOT Grant/66th Ave- 315033-334403-16009 $7,000,000 $0 69th to 85th Revenue Optional Sales Tax/FDOT Grant/43rd Ave 315033-334400-22027 $1,470,610 $0 Pedestrian & Bicycle Access Optional Sales Tax/Trans Florida Railway 315033-331400-21035 $498,671 $0 Optional Sales Tax/DOT Grant/66th Ave- 49th 315033-334403-07806 $1,721,853 $0 to 69th Land Acquisition Fund/Jones Pier 14514639-066510-18010 $84,000 $0 Improvements Secondary Road/6th Ave-US1 to 21st Street 10921441-066510-19008 $8,419 $0 3 Secondary Roads/SCOP Grant/IR Blvd 10921441-053360-21014 $176,378 $0 Resurfacing MPO/Planning/Other Professional Services 12420415-033190 $146,161 $0 Florida Boating/ELC Main Dock Replacement 13321072-066510-22013 $150,000 $0 Expense Optional Sales Tax//43rd Ave- SR 60 -18th St 31521441-066510-06041 $498,000 $0 Optional Sales Tax/66th Ave -69th to 85th 31521441-066510-16009 $7,000,000 $0 Optional Sales Tax/Trans Florida Railway 31521441-066510-21035 $498,671 $0 Optional Sales Tax/43rd Ave Pedestrian & 31521441-066510-22027 $1,470,610 $0 Bicycle Access Improvements Optional Sales Tax/66th Ave- 49th to 69th 31521441-066510-07806 $1,721,853 $0 Revenue Tree Fine Fund/SJRWMD Wetland 117033-337700-22002 $50,000 $0 4. Restoration Grant Expense Tree Fine Fund/Parks/South Oslo Riverfront 11721072-066510-22002 $50,000 $0 CA Impoundment Restoration General Fund/Human Resources/Other 00120313-033490 $27,150 $0 Contractual Service General Fund/Reserve for Contingency 00119981-099910 $0 $27,150 MSTU Fund/Natural Resources/Other 00423137-033190 $15,650 $0 5. Expense Professional Services MSTU Fund/Reserve for Contingency 00419981-099910 $0 $15,650 Transportation Fund/Public Works/Other 11124319-033190 $27,000 $0 Professional Services Transportation Fund/Reserve For Contingency 11119981-099910 $0 $27,000 Revenue FL Boating Improvement Fund/Derelict Vessel 133033-334700 $31,000 $0 6. Removal Grant Expense FL Boating Improvement Fund/Other 13321072-033490 $31,000 $0 Contractual Services Revenue General Fund/DOT Public Transit Block Grant 001033-334450 $729,905 $0 7. Expense General Fund/Community Transportation 00111041-088230-54001 $729,905 $0 Coordinator/Senior Resource Association 2of3 10 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Revenue General Fund/Donations-Children's Week 001038-366094 $7,000 $0 8. Expense General Fund./Children's Services/Children's 00112869-035295 $7,000 $0 Week Revenue Optional Sales Tax/US Fish Wildlife Rest/Hunt 315033-331700-21011 $200,000 $0 9. Grant Expense Optional Sales Tax/Parks/Shooting Range 31521072-066510-21011 $200,000 $0 Clays Trail Elevation Revenue Coastal Engineering/FEMA Grant -Hurricane 128033-331587-17001 $978,597 $0 Matthew 10. Expense Coastal Engineering/Other Contractual 12814472-033490-17001 $978,597 $0 Services/Hurricane Matthew Section 8/Rental Assistance/HUD Emergency 108033-331670-21108 $256,944 $0 Housing Vouchers Section 8/Rental Assistance/HUD Emergency 108033-331671-21108 $36,864 $0 Revenue Housing Voucher Admin Section 8/Rental Assistance/Emergency 108033-331676-21108 $7,125 $0 Housing Voucher Service Fee Section 8/Rental Assistance/Admin Fee 108033-331671 $385,392 $0 11. Section 8/Rental Assistance Payments-EHV 10822264-036730-21108 $256,944 $0 Section 8/Rental Assistance/Regular Salaries- 10822264-011120-21108 $36,864 $0 Expense EHV Section 8/Rental Assistance/Other Operating 10822264-035290-21108 $7,125 $0 Supplies-EHV Section 8/Rental Assistance/Other 10822264-033190 $385,392 $0 Professional Services 3of3 11 -01 EX Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget TO: Members of the Board of County Commissioners DATE: February 7, 2024 SUBJECT: Fourth of July Fireworks Funding THROUGH: John A. Titkanich, Jr., County Administrator FROM: Kristin Daniels Director, Office of Management & Budget Backaround Information For many years, Indian River County has provided assistance in funding Fourth of July firework displays in the City of Vero Beach and the City of Sebastian. The Lions Club of Sebastian and the City of Vero Beach have requested assistance in funding their celebration this year. The City of Sebastian has requested a contribution in the amount of $2,500 and the City of Vero Beach has requested $5,000, which is an increase from the prior year's contribution of $2,500. Funding Funding, in the amount of $5,000, is currently budgeted and available for the firework displays in MSTU Fund/Recreation/Special Events account, number 00410872-041110. The additional $2,500, for a total of $7,500, will be made available via a budget amendment from Reserve for Contingency. Staff Recommendation Staff recommends that the Board of County Commissioners approve funding the firework displays for the City of Sebastian in the amount of $2,500 and the City of Vero Beach in the amount of $5,000. Attachments City of Vero Beach - Request for Firework Display Funding City of Sebastian - Request for Firework Display Funding 12 Sent: Tuesday, January 9, 2024 1:01 PM To: Carol Bergeron Cc: Jen Smith Subject: 4th of July Fireworks A I- J I 4 2024 F; k D df ttac ments. u y Irewor s eposrt.p wo CAUTION: This message is from an external source. P►ease`use caution when opening a achments dr c itki links. Carol, Good afternoon. Attached is the copy of the deposit check paid so far for this year's 4th of July Fireworks event. The City is requesting that the Indian River County Board of County Commissioners continues to donate $2,500 towards the cost of the 2024 Freedom Festival Fireworks Display held on July 4th, 2024. 1 will provide a copy of the final check following the event. Please let me know if you have any questions. Thank you, HOME OF LWISLANIV Brian Benton, CPRP City Manager 772-228-7057 bbenton@citvofsebastian.org Florida has a very broad Public Records Law (Florida Statute Title X, Chapter 119: Public Records). Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Think Green! Please do not print this e-mail unless necessary. 1 13 From: O'Connell, Jim <JO'Connell@covb.org> 1 Sent: Thursday, December 21, 2023 3:27 PM To: Kristin Daniels Cc: Bursick, Tammy Subject: RE: 4th of July 2024 CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Sorry that we didn't ask for additional funding earlier, but we did not know about the fee raise until after the last 4* Of July event. We are hoping that the county can put in an extra $2500 (total of $5000), which the city will likely match or k exceed, depending on our other expenses and revenues. Thanks again — we appreciate the county's help in making this a great event every year! Please let me know if you have any additional questions. And — I hope you have a very Merry Christmas! From: Kristin Daniels <kdaniels@indianriver.gov> Sent: Thursday, December 21, 2023 3:20 PM To: O'Connell, Jim <JO'Connell@covb.org> Subject: RE: 4th of July 2024 'SECURITY WARNING: This message has originated from an EXTERNAL SOURCE. Please show caution when clicking links, opening attachments, or responding to this email unless you recognize the sender and know the content is safe. r irceov.com t contact lists and spam filters Jim Attached is the agenda item that was presented before the Board in 2023. Because we received no additional requests, the budget for these contributions has remained at $2,500 each. Please let me know the specific amount you are requesting, as this may require a budget amendment which would need to be allocated from fund balance. Thanks Kristin Daniels, CGFO Director - Office of Management & Budget Indian River County 772-226-1214 From: O'Connell, Jim <JO'Connell@covb.orp Sent: Wednesday, December 20, 2023 4:57 PM To: Kristin Daniels <kdaniels@indianriver.gov> Subject: 4th of July 2024 This message is from an external source. Please use caution en opening attac meets or Ms. Daniels 1 14 f We have been informed by the Zambelli Fireworks Company that they will be raising their fee for the 4`h of July Fireworks from $15,000 to $20,000 next year. With this in mind, we are requesting that the county consider raising their annual contribution to help offset this increased cost. Could you please ask that the County Commission take up this matter at their earliest convenience? I greatly appreciate your help — and please let me know if you have any questions. lint 0,010Nit'vUl Director Vero Beach Recreation Department Please Note: Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Please Note: Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. M OR INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Andrew Sobczak, Planning & Development Services Director DATE: February 7, 2024 SUBJECT: Gifford Customer Convenience Center Landscaping Project It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at its regular meeting on February 20, 2024. DESCRIPTION AND CONDITIONS During a recent project development review meeting with members of the Gifford community, staff was asked to explore the possibility of completing a landscaping beautification project for the frontage and entrance of the Gifford Customer Convenience Center (i.e. transfer station) located at 490141St Street. This beautification would involve the removal of exotic and invasive plant material, and the design and installation of native landscaping. ANALYSIS The Gifford Customer Convenience Center is one of 5 convenience centers in Indian River County, and its frontage and entrance contain nuisance exotic vegetation and various unmaintained plant species. To complete this project, staff will develop a scope that includes the removal of nuisance exotic vegetation from the subject site's frontage, protection of the existing viable native vegetation, and replanting of open areas with new native vegetation. Staff will then initiate a Request for Proposals (RFP) for the landscaping design, exotic removal, and installation of new native landscaping. Following that process, the selected proposal will be brought back to the Board for approval. FUNDING The County's Tree Mitigation Fund was created as an alternative for developers to pay a fee for the removal of native trees from development sites when relocation or avoidance is not possible. Per Code Section 927.11(1)(d)3.c. funds collected under this provision shall be used for "native re -vegetation of restoration areas on public conservation lands; for relocating trees or for planting trees on public -controlled lands; for nuisance invasive plant eradication; or for other similar uses that enhance native tree and native vegetation protection and restoration in unincorporated Indian River County." 16 Use of the Tree Mitigation Fund to complete this project is consistent with the intent of the fund, and while an exact cost for the project will not be available until the RFP process is complete, staff anticipates the cost of the project to be approximately $150,000 - $200,000. If approved, a budget amendment will be brought before the Board to fund the project from the Tree Mitigation Fund/Cash Forward -Oct 1St SCHEDULE It is anticipated that this project can be completed within 6-8 months of Board authorization. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize Staff to develop a scope and initiate the RFP process for the Gifford Customer Convenience Center Landscaping Project. ATTACHMENTS: 1. Aerial of Gifford Customer Convenience Center 17 k GIFFORD., ��S, " CONVENIENCE CENTER ME INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean A. Lieske, Acting Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Jill M. Williams, Contract Support Specialist SUBJECT: First Amendment to Agreement for Sporting Clays Facility Improvements IRC -1847, Bid No. 2024016 DATE: February 1, 2024 DESCRIPTION AND CONDITIONS On December 5, 2023, the Board of County Commissioners approved the award of Bid No. 2024016 to GRSC, Inc. in the amount of $399,120.00 for the Sporting Clays Facility Improvements for the rehabilitation and realigning of the existing walking/cart paths on the sporting clays courses at the Indian River County Shooting Range. On January 23, 2024, the Board approved a draft Florida Fish & Wildlife Conservation Commission (FWCD) agreement for funding, provided through the U.S. Fish and Wildlife Service, for the improvements to the Shooting Range Sporting Clays Trail, First Amendment to Agreement for Sporting Clays Facility Improvements is to incorporate federal terms and clauses to the Agreement now necessary for the federally funded grant. GRSC, Inc. has reviewed and agreed to the conditions set forth in the amendment. FUNDING The County must fund the project and then request reimbursement of the grant share from FWC to a maximum amount of $200,000.00 towards the project, with the County share of $199,120.00 for a total project cost of $399,120.00. Funding for this project, in the amount of $399,120.00, is programmed in the Fiscal Year 2023/2024 Capital Improvement Element (CIE) which was approved on February 6, 2024. Funds will be available in the Optional Sales Tax/Parks/Shooting Range Clays Trail Elevation account number 31521072-066510- 21011 once a budget amendment to fund the CIE occurs in March 2024. Account Description Account Number Amount Optional Sales Tax/Parks/Shooting Range Clays Trail Elevation 1 31521072-066510-21011 1 $399,120.00 19 First Amendment to Agreement for Sporting Clays Facility Improvements IRC -1847, Bid No. 2024016 For February 20, BCC Meeting RECOMMENDATION Staff recommends the Board approve the First Amendment to the Agreement incorporating federal terms and conditions required for the grant funding by U.S. Fish and Wildlife Service and authorize the Chairman to execute said amendment. ATTACHMENTS First Amendment to Agreement for Sporting Clays Facility Improvements AGENDA ITEM FOR FEBRUARY 20, 2024 C:\Grwicus\Legistar5\L.5\Temp\ 94a0c09-1d9a-40x3-8c 13-8W5c4361 w.doc 20 FIRST AMENDMENT TO AGREEMENT FOR SPORTING CLAYS FACILITY IMPROVEMENTS This First Amendment to that certain Agreement for Sporting Clays Facility Improvements (IRC -1847, Bid 2024016) is entered into effective as of February 6, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County") and GRSC, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Sporting Clays Facility Improvements effective December 5, 2023; and WHEREAS, OWNER has entered into a grant agreement with the Florida Fish and Wildlife Conservation Commission (FWC) for funding of a portion of the work under the agreement, with U.S. Fish and Wildlife Service as the source of the funds; and WHEREAS, several federal terms and conditions are required in the agreement to ensure eligibility for the U.S. Fish and Wildlife Service Funds; and WHEREAS, the parties desire to amend the Agreement to include Federal Terms; NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: The background recitals are true and correct and form a material part of this First Amendment. 2. The Agreement is amended to include the addition of Article 11 — FEDERAL TERMS, as follows: All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. ARTICLE 11— FEDERAL CLAUSES 11.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 21 (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. 22 The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge, of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an 23 additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account, assets for the meeting of obligations under the plan or program. (2) Withholding. OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the OWNER may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 24 (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis- Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the OWNER. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.S(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to Owner, for transmission to the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 25 (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on 26 the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for makingfalse statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. C. Compliance with the Copeland "Anti -Kickback" Act. 27 (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. D. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. Clean Air Act and Federal Water Pollution Control Act: (1) Clean Air Act. (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (b) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to FWC, and the appropriate Environmental Protection Agency Regional Office. 28 (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. (2) Federal Water Pollution Control Act (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (b) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the FWC, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. F. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. G. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. H. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 29 I. Prohibition on Contracting for Covered Telecommunications Equipment or Services: The contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds under this agreement to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. 30 J. Domestic Preference/ Build America, Buy America (BABA) i. All iron and steel, manufactured products, and construction materials used in the project must be produced in the United States. ii. The BABA provision applies to all articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project for federal awards on or after May 14, 2022. iii. All subcontractors, successors, or assignees to this Agreement will be held to the same requirements as the original Parties to this Agreement. iv. The BABA provision does not apply to tools, equipment, and supplies brought to the construction site and removed at or before completion of the infrastructure project. Nor does the BABA provision apply to equipment and furnishings used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. K. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the Florida Fish and Wildlife Commission, the U.S. Fish and Wildlife Service, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the Florida Fish and Wildlife Commission Chairman or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the Florida Fish and Wildlife Commission Chairman or the Comptroller General of the United States. L. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that Federal financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, policies, procedures, and directives. M. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. N. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. 31 O. Affirmative Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. P. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871) applies. Q. Other Federal Compliance Contractor will comply with all federal laws, rules, and regulations, including: Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants have been illegally taken, possessed, transported or sold. Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of such bird. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits any action that cause a "taking" of any listed species of endangered fish or wildlife. Also, generally prohibited are the import, export, interstate, and foreign commerce of listed species. R. Drug Free Workplace: Pursuant to the Drug -Free Workplace Act of 1988, the Contractor attests and certifies that the Contractor will provide a drug-free workplace compliant with 41 U.S.C. 81. 32 IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed effective the day and year first set forth above. GRSC, Inc By: Printed name: _ Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: K. Keith Jackman Assistant County Attorney 33 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Eric Charest, Interim Natural Resources Director FROM: Quintin Bergman, Coastal Resource Manager SUBJECT: Work Order No. 1 Ecological Associates, Inc. HCP Sea Turtle Monitoring North and South County DATE: February 2, 2024 In BACKGROUND AND DESCRIPTION On September 26, 2023, the Indian River County Board of County Commissioners (Board) approved a continuing services contract with The Transit Group dba Ecological Associates Inc., (EAI) for environmental and biological support services for a two-year term, through September 26, 2025 with the option for 2 two-year renewals. EAI is the selected consultant for professional environmental services related to the County's Habitat Conservation Plan for Nesting Sea Turtles (HCP). The HCP requires the County to coordinate on-going countywide sea turtle nest monitoring with local stakeholders and/or property managers annually from March 1— October 31. The proposed Work Order No. 1 provides biological monitoring services relative to sea turtle nest monitoring and reporting along approximately 10 miles of intermittent shoreline from Florida Department of Environmental Protection (FDEP) Range -Monument 17 (R17) to R20 and R68 to the Indian River/St. Lucie County Line (11119). These 10 miles represent the portions of Indian River County's beaches that are not currently required under a beach construction permit to monitor for sea turtle nesting activity. Work Order No. 1 services will be performed by the consultant at a fixed rate cost not to exceed $140,847.80 for sea turtle monitoring and reporting. FUNDING Local funding for implementing the County's HCP is budgeted through the Natural Resources, Coastal Engineering Fund. Funding for Work Order No. 1, in the amount of $140,847.80 is budgeted and available in Other Professional Services Account No. 12814472-033190-99007. Account Name Account No. Amount Coastal Engineering/Other Professional Services 12814472-033190-99007 $140,847.80 34 Page 2 BCC Agenda Item for February 20, 2024 HCP Sea Turtle Nest Monitoring RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 1 to the contract with Ecological Associates, Inc. in the amount of $140,847.80, and authorize the Chairman to sign on behalf of the County. ATTACHEMENT 1. 2024 EAI WO#1 IRC HCP Sea Turtle Monitoring Proposal 2. 2024 EAI WO#1 Agreement Execution APPROVED AGENDA ITEM FOR: February 20, 2024 35 EXHIBIT A Mr. Quintin Bergman Indian River County Coastal Division 1801 27h Street Vero Beach, Florida 32960 Dear Mr. Bergman: 7� ECOLOGICAL ASSOCIATES, INC. January 26, 2024 Ecological Associates, Inc. (EAI) is pleased to submit its Scope of Work and Cost Proposal for providing professional environmental services to Indian River County. All conditions related to this proposal shall be governed under EAI's Continuing Contract Agreement for Consulting Environmental, Ecological, and Biological Support Services with the County dated September 26, 2023. The new task is for sea turtle monitoring along approximately 10 miles of beach in support of the County's Habitat Conservation Plan during the 2024 sea turtle nesting season, as described in the Scope of Work presented below. This monitoring will provide baseline data for future beach nourishment projects and support long-term monitoring efforts for sea turtles along the County's beaches. Scope of Work: Task 1: Project Management and Mobilization The Survey Area consists of an approximately 0.6 -mile northern section (FDEP R-17 to R-20) and an approximately 9.5 -mile southern section (R-68 to the Indian River/St. Lucie County Line). Pre-existing survey zone boundaries will be verified and re- marked, and project -specific data sheets and a database will be created. EAI will install signs, posts, and hardware provided by the County using centimeter accurate RTK units. An EAI project manager will oversee all fieldwork and data management operations, participate in weekly check-in meetings with the County, and consult with the County on monitoring requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. 36 Ecological Associates, Inc. — Cost Proposal and Scope of Work 2 Task 2: Sea Turtle Nesting Surveys and Data Management Daily morning sea turtle nesting surveys will be conducted beginning March 1, 2024, and will continue uninterrupted through September 30, 2024. Thereafter, surveys will be performed three days per week until the last marked nest has been evaluated. Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff either on foot or using ATVs. All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email on a weekly basis to Indian River County so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and Salvage data form will be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. State and Federal Authorizations. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #261 issued by FWC to EAI Director of Operations Niki Desjardin or Marine Turtle Permit #277 issued to Senior Scientist Joseph Scarola. All persons engaged in monitoring for Indian River County will be listed on the permits. All data will be subject to rigorous QA/QC protocols and stored in EAI's project - specific database. Weekly crawl and predation data, along with monthly summary reports will be furnished to Indian River County. These monthly reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive success, as applicable. Monthly reports will be submitted to the County by the last day 37 Ecological Associates, Inc. — Cost Proposal and Scope of Work 3 of the month following delivery of services (e.g., March report due no later than April 30). Task 3: Nest Marking and Monitoring A representative sample of nests will be marked for determination of nest fate and reproductive success (not to exceed 290 nests total in the entire Survey Area). Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). Task 4: Nest Protection EAI will barricade and protect sea turtle nests deposited in areas of concern designated by the County. Nests will be conspicuously marked for avoidance with a series of stakes and surveyor's tape and be monitored throughout the season. These nests will not be excavated to analyze reproductive success. Nest protection will be billed at $25.00 per nest (EAI estimates 310 total nests requiring protection). Task 5: Reporting EAI will prepare the Index Nesting Beach Survey (INBS), Statewide Nesting Beach Survey (SNBS), and Nest Productivity Assessment (NPA) reports for this project and submit to the County and FWC, as required by state marine turtle permits. EAI will submit its monthly billings for the services described above to Indian River County in accordance with the fees and schedules set forth in Attachments A and B. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity to be of continued service to Indian River County. Should you have any questions regarding the enclosed Scope of Work or associated costs, I can be reached at (772) 334-3729. Sincerely, AA*a MWq Grace Botson Project Manager c: Niki Desjardin/Director of Operations 38 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 COST PROPOSAL — January 26, 2024 PROJECT NAME: Indian River County HCP Sea Turtle Monitoring Program - 2024 (Project No. 24-3020) CLIENT: Mr. Quintin Bergman Indian River County Coastal Division 1801 27th Street Vero Beach, Florida 32960 Phone: (772) 226-1648 Email: gber man ,indianriver.gov PROJECT DESCRIPTION: Sea turtle monitoring and ancillary professional services along approximately 10 miles of beach in support of Indian River County's Habitat Conservation Plan, as described in EAI's Scope of Work dated January 26, 2024. PROJECT DURATION: March 2024 — December 2024. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task Description Cost Shared Project Costs 1 Project management and mobilization $9,510.00 Subtotal $9,510.00 North HCP Area 2a Sea turtle monitoring and data management 240 days) $21,643.20 3a Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate, not to exceed 60 nests at $71.64/nest $4,298.40 4a Nest protection not to exceed 10 nests $250.00 5a Reporting $1,055.00 Subtotal $27,246.60 South HCP Area 2b Sea turtle monitoring and data management 240 days) $76,764.00 3b Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate, not to exceed 230 nests at $71.64/nest $16,477.20 4b Nest protection not to exceed 300 nests $7,500.00 5b Reporting $3,350.00 Subtotal $10409120 TOTAL not to exceed $140,847.80 39 Ecological Associates, Inc. — Attachment A 2 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Continuing Contract Agreement for Consulting Environmental, Ecological, and Biological Support Services with the County dated September 26, 2023. all w o ~ 00 d' rz IV 00 0 VA E O 0 o 0 ID No v O O N O M O OV1 �6 g qt IT M O r N � O � F 69 Ems? 6A 6�4 6R FA 69 69 O O O W) to 0 N O 0 +O•+ 0� O N N D\ M t-- 0 0 0 0 00 a O W O C C to v) N 00 r- v) O� N to 69 big b g v� -� r- y to .. 1�0 00 N [� N � � M O O O N v� O O a 69 -s 69 69 69 6sfos64 69 69 69 69 br4 69 69 69 69 69 '" o N M 00 0 O 0 O 0 O 0 O 0 N 0 O to 00 0 0 to C v to t- N 00 00 O C 00 NM 00 N N w'r�wg M W) M N 0 O O O O O O Cl 64 O O O ct O O O O Q W) C to a �L to C C O O O O\ �.O V N O" M to A "Cl o 69 ras bR 69 69 bR es as a b N N N '0 •di .r to O y o X 0 0 0 0 'o a 6 a Cd F O �y 'O '� o ~ 00 d' rz IV 00 0 VA E O o o ID No v O O N M 00 OV1 �6 g qt IT M O r N N O N Cfi Ems? 69 6�4 6R FA 69 69 6A 6R 0 W) to 0 0 0 0 0 0 O N N D\ O'T O 0 0 0 0 ~ + O W O C C to v) N 00 r- v) O� N to O to 1.0 .-+ It O v� -� r- y to .. 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("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 for RFQ 2023060, made a part hereof by this reference. The Consultant will perform the professional se rvices 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 pr ov isions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing co nt ained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agree me nt 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: Title: M Susan Adams, 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: K. Keith Jackman, Assistant County Attorney 42 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: Quintin Bergman, Coastal Resources Manager SUBJECT: Work Order No. 6 - Morgan & Eklund, Inc., 2024 Beach Profile Monitoring Surveys (SUMMER) DATE: February 2, 2024 DESCRIPTION AND CONDITIONS On October 4, 2022, the Board of County Commissioners (BCC) approved a contract with Morgan and Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-yearterm. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. The County's Beach Preservation Plan recommends semi-annual beach profile surveys to monitor the seasonal, summer and winter, fluctuations of the beach. Proposed Work Order No. 6 provides summer -time hydrographic surveying (beach profile) services for the Sectors 3 and 5 Beach Nourishment Projects, the proposed Sector 4 Dune Nourishment Project, and additional surveying for the 2024 countywide (22.4 miles) monitoring effort. All onshore and offshore beach profile surveys are conducted along the Florida Department of Environmental Protection (FDEP) Range Monuments at approximately 1,000 -foot intervals (alongshore) and extend from the vegetated dune seaward to a location approximately 3,000 feet offshore (cross -shore) to an estimated depth of -40 feet. For project tracking purposes, Work Order No. 6 is divided into four (4) separate tasks. Task 1: Summer 2024 Sector 3 Physical Monitoring Survey (R-15 to R-60, 46 Onshore/Offshore Profile Lines) The County is required by the FDEP Permit to monitor the physical changes associated with the Sector 3 nourishment project semi-annuallyto determine the long-term performance of the project and if infrastructure may be vulnerable to storm damage. The hydrographic survey data collected from this task is required for the immediate post -construction monitoring of the Sector 3 Hurricanes Ian & Nicole Dune Renourishment. Task 1 includes surveying (approx. 7.5 miles) to provide on-going 2024 physical monitoring data for the Sector 3 Beach and Dune Nourishment Project area. Task 1 totals a lump sum amount of $27,597.50. 43 Page 2 of 3 M&E WO#6 Summer 2024 Hydrographic Beach Surveys February 20, 2024 BCC Meeting Task 2: Summer 2024 Sector 4 Physical Monitoring Survey (R-61 to R-64, plus R-60.5, 5 Onshore/Offshore Lines) The Sector 4 Hurricanes Ian & Nicole Dune Nourishment Project is currently in the design and permitting phase and is anticipated to provide dune restoration to approximately 2.8 miles of coastline from FDEP Range Monument 55 to R -Monument 70. This stretch of coastline has not been previously nourished by the County and sustained significant erosional impacts from Hurricanes Ian and Nicole in 2022 leading to the upcoming dune nourishment project. The permit the County is to receive for the Sector 4 dune nourishment project is expected to contain requirements for the County to monitor the physical changes associated with a nourishment project on a semi-annual basis to determine the long-term performance of the project and if infrastructure maybe vulnerable to storm damage. Task 2 includes surveying (approx. 3/4 mile) for the summer semi-annual monitoring of the Sector 4 Hurricanes Ian & Nicole Dune Nourishment Project area. Task 2 totals a lump sum amount of $3,048.00. Task 3: Summer 2024 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore Lines Sector 5 Beach and Dune Nourishment Project was completed in February 2020. The County is required by the FDEP Permit to monitor the physical changes associated with the nourishment project semi-annually to determine the long-term performance of the project and if infrastructure may be vulnerable to storm damage. Task 3 includes surveying (approx. 4.5 miles) required forthe summer semi-annual monitoring of the Sector 5 Beach and Dune Nourishment Project area. Task 3 totals a lump sum amount of $16,381.00. Task 4: Summer 2024 Countywide Beach Monitoring; (R-92 to R-119, 28 Onshore/Offshore lines) For the shoreline outside of Sectors 3, 4 and 5 project areas, countywide beach profile surveys are necessary to identify areas of chronic beach erosion and determine if infrastructure may be vulnerable to storm damage. The beach profile surveys will then be used to determine appropriate projects to mitigate erosion as identified in the County Beach Preservation Plan, including the upcoming Nourishment Projects. Task 4 includes the remaining countywide (approx. 5.3 miles) beach profile surveys. Task 4 totals a lump sum amount of $16,565.50. Please note: The Sebastian Inlet District (District), as part of their Inlet Management Plan, conducts semiannual beach profile surveys along the northern 5.6 miles of the County. The District continues to partner with the County and has agreed to provide their certified 2024 beach profile survey data to the County, resulting in a complete 22.4 mile countywide beach profile survey and a combined annual savings of approximately $30,000 to the County. FUNDING Funding for these tasks comes to a total lump sum fee of $63,592.00. Funding for the individual tasks are as follows: Page 3 of 3 M&E WO#6 Summer 2024 Hydrographic Beach Surveys February 20, 2024 BCC Meeting Task 1: Summer 2024 Sector 3 Physical Monitoring Survey (R-15 to R-60, 46 Onshore/Offshore Profile Lines) Funding for Task 1 is budgeted and available for design of the Sector 3 Beach Nourishment Project area in the Coastal Engineering Fund/Hurricane Ian Emergency Dune Repair account, no. 12814472-033490-22601, in the amount of $6,071.45, and the Coastal Engineering Fund/Hurricane Nicole Emergency Dune Repair account, no. 12814472-033490-23007, in the amount of $21,526.05, for a Task 1 total of $27,597.50. Task 2: Summer 2024 Sector 4 Physical Monitoring Survey (R-61 to R-64 plus R-60.5, 5 Onshore/Offshore Lines) Funding for Task 2 is budgeted and available for physical monitoring of the Sector 4 Dune Nourishment Project area in the Coastal Engineering Fund/Hurricane Ian — Sector 4 account, no. 12814472-066515-22601, in the amount of $670.56, and in the Coastal Engineering Fund/Hurricane Nicole — Sector 4 account, no. 12814472-066515-23007, in the amount of $2,377.44, for a Task 2 total of $3,048.00. Task 3: Summer 2024 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore Lines Funding for Task 3 is budgeted and available for physical monitoring of the Sector 5 Beach Nourishment Project area in the Coastal Engineering Fund/Sector 5 Post -Construction Monitoring account, no. 12814472-033490-15021, in the amount of $16,381.00. Task 4: Summer 2024 Countywide Beach Monitoring (R-92 to R-119, 28 Onshore/Offshore lines) Funding for Task 4 is budgeted and available for physical monitoring of non -project areas in the Coastal Engineering Fund/Other Professional Services account, no. 12814472-033190, in the amount of $16,565.50. Account Name Account No. Amount Coastal Engineering Fund/Sector 3 Hurricane Ian 12814472-033490-22601 $6,071.45 Coastal Engineering Fund/Hurr Nicole Emerg Dune Repair 12814472-033490-23007 $21,526.05 Coastal Engineering Fund/Hurricane Ian —Sector 4 12814472-066515-22601 $670.56 Coastal Engineering Fund/Hurricane Nicole — Sector 4 12814472-066515-23007 $2,377.44 Coastal Engineering Fund/Sec 5 — Post Const Monitoring 12814472-033490-15021 $16,381.00 Coastal Engineering Fund/Other Professional Services 12814472-033190 $16,565.50 Total for Work Order No. 6 $63,592.00 RECOMMENDATION The recommendation of staff is for the BCC to approve Work Order No. 6 to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc., in the amount of $63,592.00 and authorize the Chairman to sign the Work Order on behalf of the County. ATTACHMENTS 1. M&E IRC Summer 2024 WO No. 6 2. M&E Work Order 6 Agreement Execution APPROVED AGENDA ITEM FOR: February 20, 2024 45 January 26, 2024 Indian River County Natural Resources Department - Coastal Division Attn: Quintin Bergman, Coastal Resource Manager 1801 27t` Street Vero Beach, FL 32960 RE: 2024 Summer Semi -Annual Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-15 to R-119 Dear Quintin: Morgan & Eklund, Inc. (M&E) is pleased to provide you with the following proposal to furnish professional land and hydrographic survey services for the above referenced project. Beach profiles will include R-15 through R-119 plus R-60.5 for a total of 106 beach profile lines. All data collected will be in accordance with the FDEP-approved Physical Monitoring Plan. M&E will provide the County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor. We will also provide FDEP submittal package. The survey will be performed in May/June 2024 with drawings and reports completed in July 2024. In accordance with the scope of work as provided, our prices will be as follows: I. Sector 3 (R-15 to R-60, 46 Onshore/Offshore Profile Lines) Chief Surveyor 4 hours @ $171/hr........................................$ 684.00 Senior Project Manager 9 hours @ $132/hr........................................$ 1,188.00 Assistant Project Manager 1.5 hours @$85/hr....................................... $ 127.50 Hydrographic Lead Surveyor 16 hours @ $107/hr......................................$ 1,712.00 46 H. Survey Technician (Boat) 16 hours @$82/hr........................................ $ 1,312.00 Three Man Survey Crew 76 hours @ $180/hr......................................$ 13,680.00 26' Parker Survey Boat 2 days @ $600/day....................................... $ 1,200.00 Trimble MPS500 Inert System 2 days @ $500/day....................................... $ 1,000.00 Single Beam Digital Fathometer 2 days @ $100/day....................................... $ 200.00 Hypack Navigation Software & Computer 2 days @ $120/day....................................... $ 240.00 Trimble RTK 8 days @ $450/day....................................... $ 3,600.00 Beach UTV 8 days @ $100/day....................................... $ 800.00 Senior Survey Computer Technician 18 hours @ $103/hr...................................... $ 1.854.00 Total I ......................................................... $ 27,597.50 Sector 4 (R-61 to R-64, plus R-60.5, 5 Onshore/Offshore Profile Lines) Chief Surveyor 1 hour @ $171/hr.........................................$ 171.00 Senior Project Manager 1 hour @ $132/hr......................................... $ 132.00 Assistant Project Manager .5 hour @$85/hr.......................................... $ 42.50 Hydrographic Lead Surveyor 3 hours @ $107/hr........................................ $ 321.00 Survey Technician (Boat) 3 hours @ $82/hr......................................... $ 246.00 Three Man Survey Crew 6.5 hours @ $180/hr..................................... $ 1,170.00 26' Parker Survey Boat .25 day @ $600/day..................................... $ 150.00 Indian River County 2 1126/2024 47 Trimble MPS500 Inert System .25 day @ $500/day..................................... $ 125.00 Single Beam Digital Fathometer .25 day @ $100/day..................................... $ 25.00 Hypack Navigation Software & Computer .25 day @ $120/day..................................... $ 30.00 Trimble RTK .5 day @ $450/day....................................... $ 225.00 Beach UTV .5 day @ $100/day....................................... $ 50.00 Senior Survey Computer Technician 3.5 hours @ $103/hr..................................... $ 360.50 TotalII ........................................................ $ 3,048.00 III. Sector 5 (R-65 to R-91, 27 Onshore/Offshore Lines) Chief Surveyor 2 hours @ $171/hr........................................$ 342.00 Senior Project Manager 6 hours @ $132/hr........................................ $ 792.00 Assistant Project Manager 1 hour @$85/hr........................................... $ 85.00 Hydrographic Lead Surveyor 9 hours @ $107/hr........................................ $ 963.00 Survey Technician (Boat) 9 hours @ $82/hr......................................... $ 738.00 Three Man Survey Crew 45 hours @ $180/hr...................................... $ 8,100.00 26' Parker Survey Boat 1.25 days @ $600/day.................................. $ 750.00 Trimble MPS500 Inert System 1.25 days @ $500/day.................................. $ 625.00 Single Beam Digital Fathometer 1.25 days @ $100/day.................................. $ 125.00 Hypack Navigation Software & Computer 1.25 days @ $120/day..................................$ 150.00 Indian River County 3 1/1612024 48 Trimble RTK 4.5 days @ $450/day.................................... $ 2,025.00 Beach UTV 4.5 days @ $100/day.................................... $ 450.00 Senior Survey Computer Technician 12 hours @ $103/hr...................................... $ 1.236.00 Total III ...................................................... $ 16,381.00 IV. Countywide (R-92 to R-119, 28 Onshore/Offshore Lines) Chief Surveyor 2 hours @ $171/hr........................................ $ 342.00 Senior Project Manager 6 hours @ $132/hr........................................ $ 792.00 Assistant Project Manager 1 hour @$85/hr........................................... $ 85.00 Hydrographic Lead Surveyor 9.5 hours @ $107/hr.....................................$ 1,016.50 Survey Technician (Boat) 9.5 hours @$82/hr....................................... $ 779.00 Three Man Survey Crew 45.5 hours @ $180/hr................................... $ 8,190.00 26' Parker Survey Boat 1.25 days @ $600/day.................................. $ 750.00 Trimble MPS500 Inert System 1.25 days @ $500/day.................................. $ 625.00 Single Beam Digital Fathometer 1.25 days @ $100/day..................................$ 125.00 Hypack Navigation Software & Computer 1.25 days @ $120/day..................................$ 150.00 Trimble RTK 4.5 days @ $450/day.................................... $ 2,025.00 Beach UTV 4.5 days @ $100/day.................................... $ 450.00 Indian River County 4 1/26/2024 49 Senior Survey Computer Technician 12 hours @ $103/hr......................................$ 1.236.00 Total IV ...................................................... $ 16,565.50 TOTAL FIXED PRICE FEE I-IV .................. $ 63,592.00 As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River County on this project. Sincerely, David W. Coggin, PSM Vice President DWC:dmc Billing: project will be invoiced monthly based on percentage completed Indian River County 5 112612024 50 Board of County Commissioners Administration - Building A 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: Summer 2024 County -wide Onshore/Offshore Beach Profile Monitoring Surveys WORK ORDER NO. 6 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with Contract No. 2022064 This Work Order No. 6 is in accordance with the existing AGREEMENT dated October 4, 2022 between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); This Work Order No. 6 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 6 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the Summer 2024 County -wide Onshore/Offshore Beach Profile Monitoring Surveys; Florida Department of Environmental Protection Reference Monuments R-20 — R-119. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 6; specifically detailed in the attached proposal. SECTION III — TIME FOR COMPLETION & DELIVERABLEWWORK PRODUCT 1. Project shall be completed as follows: 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". 2. Deliverables -The SURVEYOR shall provide the COUNTY: 51 M&E WO#6 Summer 2024 Beach Profile Surveying BCC Agenda February 20, 2024 Page 2 of 3 a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, one (1) paper "hardcopy" signed and sealed sets. Sheeted and model space (as applicable) AutoCad drawing file in release 2009 through Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. ' c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets. Work Product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third -party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, III and IV of this Work Order No. 6, for a total lump sum fee of $63,592. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 4, 2022 through October 3, 2024. All invoicing shall include Work Order No. 6 (WO 6), Contract Number (2022064). Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 2022064 with the COUNTY and as stated in Section II, III and IV hereon. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. 52 MBE WO#6 Summer 2024 Beach Profile Surveying BCC Agenda February 20, 2024 Page 3 of 3 IN WITNESS WHEREOF the parties hereto have executed these presents this of 2024. OWNER Morgan and Eklund, Inc. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) Susan Adams Chairman Approved by BCC ATTEST: Ryan L. Butler Clerk of Court and Comptroller (Seal) Deputy Clerk Approved: John A. Titkanich, Jr. COUNTY Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal COUNTY Attorney (Signature) (Printed name and title) Witnessed by: (Signature) day 53 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: Quintin Bergman, Coastal Resources Manager SUBJECT: Work Order No. 2018006-18 — APTIM, 2024 Environmental Monitoring - Sector 3 Hurricanes Ian and Nicole Dune Renourishment DATE: February 2, 2024 DESCRIPTION AND CONDITIONS M On January 9, 2018, the Board of County Commissioners (BCC) approved a contract with Aptim Environmental & Infrastructure, Inc. (APTIM) for professional coastal engineering and biological support services related to the management and nourishment of Sector 3 (Wabasso Beach). The Sector 3 project area is a critically eroded 6.6 -mile section of engineered shoreline that extends from the Seaview Subdivision south past the Turtle Trail beach park. The Sector 3 coastline suffered significant storm related losses to the beach and dune system from the impacts of Hurricanes Ian (2022) and Nicole (2022) creating the need for repair. On November 7, 2023, the BCC awarded Bid No. 2024004 to Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. for the Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project. The project started construction on December 1, 2023, and is currently still being constructed with an estimated completion date of April 30, 2024. The project consists of a dune restoration project that is placing approximately 274,368 cubic yards of beach compatible sand fill and installing approximately 728,633 native dune plants along the shoreline in Indian River County from FDEP range monuments R20 to R55. Regulatory permits issued for the beach restoration activities identify post -construction related environmental monitoring to be performed on a set schedule for several years following completion of construction. These environmental monitoring activities are evaluated to demonstrate compliance with permit conditions. In the case of the Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project, post -construction nearshore hardbottom, escarpment monitoring, sea turtle, and shorebird nest monitoring is required. 54 Page 2 of 2 BCC Agenda Item for February 20, 2024 2024 Sector 3 Environmental Monitoring WO 2018006-18 The proposed Work Order No. 2018006-18, in the amount of $443,787.09 includes two (2) separate tasks, providing professional services for permit required construction related environmental monitoring for the Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project which includes: • Task 1: 2024 Nearshore Hardbottom Biological Monitoring ($172,051.34) • Task 2: 2024 Escarpment, Sea Turtle, and Shorebird Monitoring ($271,735.75) All subsequent annual post construction environmental monitoring of the Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project will be addressed through future work orders. FUNDING Although finalized Project Worksheets from FEMA have yet to be received by the County, it is anticipated that partial funding for the post -construction environmental monitoring associated with the Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project will be made available through FEMA, the FDEM, the FDEP Local Government Funding Request Grants, and local funding for beach restoration provided by a portion of Local Option Tourist Tax. Funding for post - construction related environmental monitoring (Tasks 1 and 2) is budgeted and available in the Coastal Engineering Fund/Hurricane Ian Emergency Dune Repair account, no. 12814472-033490- 22601, in the amount of $97,633.16, and the Coastal Engineering Fund/Hurricane Nicole Emergency Dune Repair account, no. 12814472-033490-23007, in the amount of $346,153.93, for a total Work Order No. 2018006-18 cost $443,787.09. Account Name Account No. Amount Coastal Engineering Fund/Hurricane Ian Emergency Dune Repair 12814472-033490-22601 $97,633.16 Coastal Engineering Fund/Hurricane Nicole Emergency Dune Repair 12814472-033490-23007 $346,153.93 Total Work Order No. 2018006-18: $443,787.09 RECOMMENDATION Staff recommends the BCC to authorize Work Order No. 2018006-18 in the total lump sum amount of $443,787.09. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-18. ATTACHMENTS 1. APTIM Work Order No. 2018006-18 2. Work Order No. 2018006-18 Agreement APPROVED AGENDA ITEM FOR: FEBRUARY 20, 2024 55 Il• IV January 18, 2024 Revised February 6, 2024 Quintin Bergman Coastal Resource Manager Natural Resources Department - Coastal Division 1801 27th Street, Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #18 2024 Environmental Monitoring Dear Quintin: Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of the Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project. The scope of work described herein is to support the County with the following items: 1. 2024 Nearshore Hardbottom Biological Monitoring 2. 2024 Escarpment, Sea Turtle, and Shorebird Monitoring The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services for the Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project (RFQ#2018006). 1. Task 1: 2024 Nearshore Hardbottom Biological Monitoring The Sector 3 2024 nearshore hardbottom biological monitoring will be managed and conducted by APTIM, with the assistance of APTIM's approved subconsultant, Coastal Protection Engineering LLC (CPE). APTIM and CPE will be available to meet with the County on a weekly basis to provide a status report of the monitoring. The Biological Monitoring Plan for the Sector 3 project requires pre- and post -construction biological monitoring adjacent to the project area to monitor for potential secondary impacts to nearshore natural hardbottom. The scope for this task is based on the FDEP-approved Biological Monitoring Plan (FDEP Permit No. 0285993 -009 -JC and Mod. No. 0285993 -011 -JN). The nearshore hardbottom monitoring for this task shall include: • Hardbottom edge mapping • Permanent transect monitoring Task 1: Scone of Work 1) Hardbottom Edge Mapping: APTIM shall map the position of the nearshore hardbottom edge for the Sector 3 project area (R-20 to R- ,> APTIM February 6, 2024 Page 2 of 6 55), including within one R -monument north (updrift) and three R -Monuments south (downdrift) of the project area for a length of approximately 7.3 miles. R-19.5 and R-57 demarcate the northern and southern boundaries for where the nearshore hardbottom edge shall be mapped. A buoy with a Differential Global Positioning System (DGPS) antenna linked to a topside laptop computer running HYPACK navigational software will be towed by divers to record the position of the nearshore hardbottom edge. The divers will follow the inshore contour of the most prominent hardbottom-sand interface. 2) Permanent Transect Monitoring: Thirty-eight (38) permanent transects were established along the length of project influence, which includes 1000 feet north (updrift) and 2000 feet south (downdrift). This includes twenty-four (24) biological monitoring transects and fourteen (14) sediment -only transects. All transects were established perpendicular to the shoreline and extend from the landward hardbottom edge to a maximum distance of 50 meters seaward. APTIM will conduct the biological survey of the hardbottom using the following methods: 1) Quadrat Assessments: Up to nine (9) 0.5-m2 quadrats sampled along each transect to quantify the benthic community. 2) Sediment Measurements: Collected using line -intercept and 1-m interval sediment depth measurements. 3) Video/Photo Documentation: Collected for the length of each transect. It is anticipated that the effort to delineate the hardbottom edge and monitor the transects will take up to eighteen (18) field days based on previous monitoring events. The data will be compiled and incorporated into a GIS database and in situ data will be entered into an Access database. Time to complete data entry, reduction, analyses, and report production is included in the cost estimate to address the data management and reporting requirements for those 18 days of field operations. Task 1: Deliverable Raw data will be provided to FDEP and the County and will include a PDF of the scanned datasheets, excel spreadsheets with quadrat data, interval sediment depth measurements and line -intercept data, shapefiles of the hardbottom edge survey, and video/photo documentation. Additionally, APTIM will provide a map of the project area and adjacent hardbottom resources with the hardbottom edge delineation and monitoring transects overlaid onto the most recent aerial photography (in digital format). A post -construction biological monitoring report will be generated for submittal to the County and regulatory agencies. Task 1: Schedule The 2024 monitoring event will take place during summer 2024. Raw data from field operations will be submitted to the County and FDEP within 45 days and the monitoring report will be submitted within 90 days of completion of the survey. Tnclr 1 • rr%ct The lump sum cost for this task is $172,051.34. 57 A � � I � February 6, 2024 Page 3 of 6 2. Task 2: 2024 Sea Turtle and Shorebird Monitoring The Sector 3 2024 sea turtle and shorebird monitoring will be managed and coordinated by APTIM, and conducted by APTIM's approved subconsultant, Ecological Associates, Inc. (EAI). EAI will be available to join APTIM and CPE to meet with the County on a weekly basis to provide a status report of the monitoring. Task 2: Scope of Work APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. The 2024 sea turtle monitoring effort along the approximate 6.7 mile shoreline (R-20 to R-55) within the Sector 3 Project Area addresses permit -required post -construction sea turtle monitoring. The monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations for the project. EAI has provided the enclosed proposal and cost breakdown (Attachment 1) for sea turtle monitoring tasks, which are summarized as follows: 1. Mobilization 2. Project Management 3. Daily Sea Turtle Monitoring and Data Management 4. Nest Marking and Monitoring 5. Weekly Shorebird Nesting Surveys 6. Weekly Escarpment Surveys and Reporting 7. Lighting Surveys 8. Reporting Task 2: Deliverable EAI will submit a nesting season summary report within 90 days of completion of all monitoring activities. Additionally, an Excel spreadsheet summarizing all nesting activity and reproductive success will be prepared and submitted electronically to JCP Compliance and FWC. EAI will provide the lighting survey results to APTIM in standard report form as well as on an Excel spreadsheet. Reports, including recommendations for correcting problem lights, will be provided within 30 days of each survey. Task 2: Schedule The sea turtle monitoring will commence in March 2024. Task 2: Cost The lump sum cost for this task is $271,735.75. 58 APTIM February 6, 2024 Page 4 of 6 Summary The total lump sum cost to perform the proposed work described herein for Sector 3 — 2018006 — Work Order #18 is $443,787.09. Exhibit 1 includes a summary of the costs and labor hours of each Task. Thank you for the opportunity to serve Indian River County. As always, please do not hesitate to call if you have any questions. Sincerely, --? /t7m-� Katy Brown Lead Marine Biologist Aptim Environmental & Infrastructure, LLC cc: Nicole S. Sharp, P.E., APTIM Debra Neese, APTIM Authorized Corporate Signatu Printed Name Coastal Restoration & Modeling Program Manager Title 59 ,> APTIM EXHIBIT 1 Indian River County, Florida Sector 3 - 2018006 - Work Order #18 2024 Environmental Monitoring Summary of Cost by Task Task Number Task Name Labor Equipment Materials Mobilization Subcontractors Total Task 1 Nearshore Hardbottom Biological Monitoring $ 83,862.00 $31,714.20 $ 2,850.00 $ 12,277.50 $ 41,347.64 $ 172,051.34 Task 2 Sea Turtle & Shorebird Wnitoring $ 2,280.00 $ 269,455.75 $ 271,735.75 Totals = $ 86,142.00 $31,714.20 $ 2,850.00 $ 12,277.50 $ 310,803.39 $ 443,787.09 Indian River County, Florida Sector 3 - 2018006 - Work Order #18 2024 Environmental Monitoring Summary of Labor Hours and Cost Labor Title Labor Bill Rate Nearshore Hardbottom Biological Monitoring Task 1 Labor I Hours Cost Sea Turtle &Shorebird Monitoring Task 2 Labor Hours Cost Labor Hours Totals Cost Senior Project Mena er $ 250.00 1 250.00 1p$4,620.001 250.00 Senior Coastal Engineer $ 165.00 24 3.9W.00 4 660.00 28Senior Marine Biolo ist $135.00 20 2 700.00 12 1620.00 32 320.00Marine Biol ist II $ 95.00 602 57190.00 602 190.00Senior CAD O erator $140.00 2 280.00 2280.00GIS O erator $105.00 12 $ 1260.00 $ 12 260.00Boat Ca tain $ 80.00 224 17920.00 224 920.00 Bookkeeper $ 80.00 2 $ 160.00 2 $ 160.00 Clerical $ 71.00 2 $ 142.00 $ 2 $ 142.00 Subcontractors 41 347.64 269 455.75 310 803.39 Equipment 31 714.20 31 714.20 Materials $ 2,850-00 $ 2,850.00 Mobilization/Other ODCs $ 12,277.50 $ $ 12,277.50 TOTAL 1 889 172 051.34 16 $ 271,735.-, 905 443 787.09 60 ,, APT IM ATTACHMENT 1 ECOLOGICAL ASSOCIATES, INC. SCOPE OF WORK AND COST PROPOSAL 61 Ms. Nicole Sharp APTIM 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Dear Ms. Sharp: mvEF i N:A I ECOLOGICAL ASSOCIATES, INC. February 5, 2024 Ecological Associates, Inc. (EAI) is pleased to submit its revised Scope of Work and Cost Proposal for providing professional environmental services in support of Indian River County's Sector 3 Beach and Dune Nourishment Project. This proposal addresses post - construction sea turtle and shorebird permit -compliance monitoring along approximately 6.7 miles of beach during the 2024 nesting season, along with a suitable reference area, as described in the Scope of Work presented below. This monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations issued for the project. SCOPE OF WORK This scope of work was developed based on conditions and requirements set forth in standard regulatory permits and the following documents: ➢ Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) No. 0285993 -009 -JC ➢ U.S. Fish and Wildlife Service (USFWS) Revised Statewide Programmatic Biological Opinion (BO) dated March 13, 2015 Task 1: Mobilization All equipment, staff, and schedules will be prepared prior to project commencement. The Project Area extends approximately 6.7 miles from FDEP Range Monument R-20 to R-55. The Reference Area, approximately 3.8 miles south of the Project and outside of the influence of the project, lies between R-60 and R-68. Pre-existing survey zone boundaries, consistent with those established by Indian River County under its Habitat Conservation Plan, will be verified and re -marked, and project -specific data sheets and a database will be created. 62 Ecological Associates, Inc. — Revised Scope of Work and Cost Proposal 2 Task 2: Project Management An EAI project manager will oversee all fieldwork and data management operations, participate in weekly check-in meetings with APTIM/Indian River County, and consult with APTIM on permit requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. Task 3: Daily Sea Turtle Monitoring and Data Management (FDEP Specific Condition 15) Following completion of construction or beginning on March 1, 2024 (whichever is later), EAI will conduct daily morning sea turtle nesting surveys of the Project and Reference Areas. Surveys will continue through October 31, 2024, or until 15 days without a crawl in the Project or Reference Areas, whichever is earlier. If there is a fifteen -day period where no crawls are documented in the Project or Reference Areas, EAI will request a waiver from the USFWS and FWC to discontinue daily monitoring. If permission is granted, EAI will then perform surveys three days per week to monitor marked nests. Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff either on foot or using ATVs. All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email to Indian River County on a weekly basis so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured, and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and Salvage data form will 63 Ecological Associates, Inc. — Revised Scope of Work and Cost Proposal 3 be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. State and Federal Authorizations. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #261 issued by FWC to EAI Director of Operations, Niki Desjardin. All persons engaged in monitoring performed by EAI for the Sector 3 Beach and Dune Nourishment Project will be listed on the permit. All data will be subject to rigorous QA/QC protocols and stored in EAI's project - specific database. Monthly summary reports will be furnished to APTIM. These reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive success, as applicable. Monthly reports will be submitted to APTIM on the last day of the month following delivery of services (e.g., March report due no later than April 30), or as otherwise mutually agreed upon. *Monthly summary reports on sea turtle nesting and predation will also be sent to the Archie Carr National Wildlife Refuge to assist management efforts. Task 4: Nest Marking and Monitoring (FDEP Specific Condition 15) A representative sample of nests in the Project and Reference Areas will be marked for determination of nest fate and reproductive success (not to exceed 850 nests total). Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). Task 5: Nesting Shorebird Monitoring (FDEP Specific Condition 21) Following completion of construction, EAI will conduct surveys to identify shorebird/seabird nesting activity in the Project Area weekly through September 1, 2024 if no shorebird nesting activity is observed. The surveys will be conducted on foot or by ATV at dawn and will cover all potential beach nesting bird habitats that may be impacted by construction activities. EAI will report all breeding activity to the Florida Shorebird Database within one week of data collection. Shorebird monitoring activities will comply with all protocols outlined on the Florida Shorebird Database website. *If construction activities take place entirely outside the breeding season, shorebird surveys are not required 64 Ecological Associates, Inc. — Revised Scope of Work and Cost Proposal 4 Task 6: Post -Construction Escarpment Surveys (FDEP Specific Condition 18) Following completion of construction or beginning on March 1, 2024 (whichever is later), scarp surveys will be conducted on a weekly basis within the Sector 3 Project Area through October 31, 2024. In accordance with FWC protocol, scarps are functionally defined as an abrupt change in beach slope (greater than 45°) at least 18 inches in height that persists for a distance of 100 feet or more. The location of both the northern and southern terminus of each scarp will be recorded by GPS and average scarp height assigned to one of three categories (0 to 2 feet, 2 to 4 feet, and 4 feet or higher). Additionally, the maximum height of each scarp will be measured. The location (relative to R -monuments), approximate length, height category, maximum height, and percentage of beach scarped will be presented in tabular and/or graphic format for reporting purposes. EAI will notify APTIM of any FWC/FDEP-defined persistent scarps within the Project Area that may interfere with sea turtle nesting. APTIM shall be responsible for notifying FWC of the presence of those scarps and for coordinating any remediation measures, if required. Any services required of EAI during scarp consultation and leveling will be charged separately on a time and materials basis. Tasks 7a -7b: Lighting Surveys (FDEP Specific Condition 20) Two surveys (one between May 1 and May 15 and another between July 15 and August 1) of beachfront lighting conditions within the Project Area will be performed. The location, number, and type of lights visible from the beach and not in compliance with the local jurisdiction's lighting regulations will be documented and reported to the County. Photos (long exposure, without flash) will also be taken of all lights visible from the nourished beach. A sub -meter GPS will be used to record coordinates from which observations are made and results will be provided to APTIM in standard report form as well as on an Excel spreadsheet. Reports, including recommendations for correcting problem lights, will be provided within 30 days of each survey. It shall be the responsibility of APTIM to work with Indian River County to notify property owners of non-compliant lights. Following submission of an annual report on enforcement actions (to be prepared by APTIM/Indian River County), an EAI lighting specialist will participate in a meeting with APTIM, Indian River County, FWC, and USFWS to discuss the survey reports and marine turtle disorientations documented within the Project Area, if requested by FWC. Tasks 8a -8b: Reporting (FDEP Specific Condition 19) 1. Nesting Season Summary: A report summarizing methods, numbers of sea turtle emergences by species, nest fates of all marked nests, and reproductive success of evaluated nests, and an assessment of project performance on sea turtle nesting and reproductive success, including interpretive analyses and graphic representations, 65 Ecological Associates, Inc. — Revised Scope of Work and Cost Proposal 5 will be prepared and submitted to APTIM within 90 days of the completion of all monitoring activities. 2. Summary Spreadsheet of Sea Turtle Nesting Activity: At the end of the 2024 nesting season, a permit -required Excel spreadsheet summarizing all nesting activity and reproductive success within the Project and Reference Areas will be prepared and submitted electronically to APTIM/Indian River County, JCP Compliance, and FWC. EAI will submit its monthly billings for the services described above to APTIM in accordance with the fees and schedules set forth in Attachment A. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity APTIM. Should you have any questions regarding the associated costs, I can be reached at (772) 334-3729. Sincerely, ,�, AAO -e -e l . w' Grace Botson Project Manager c: Niki Desjardin/Director of Operations to be of continued service to enclosed Scope of Work or 66 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 REVISED COST PROPOSAL — February 5, 2024 PROJECT NAME: Sector 3 Post -construction Sea Turtle Monitoring Program — 2024 (Project No. 24-3943) CLIENT: Ms. Nicole Sharp 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Phone: (561) 361-3150* Email: nicole.sharp@aptim.com PROJECT DESCRIPTION: Post -construction sea turtle and shorebird monitoring and ancillary professional services in support of the Sector 3 Beach and Dune Nourishment Project, as described in EAI's revised Scope of Work dated February 5, 2024. PROJECT DURATION: February 2024 — March 2025. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task Descri tion Cost 1 Mobilization $1,970.00 2 Project management $8,100.00 3 Daily sea turtle monitoring and data management (Daily $156,754.53 rate, estimate 271 days at $578.43 per da Nest marking and monitoring and determination of nest fate 4 and reproductive success (Per nest rate; not to exceed 850 $60,894.00 nests at $71.64 per nest 5 Weekly shorebird nesting surveys (Per survey rate, not to $3,408.75 exceed 27 surveys at 126.25 per week 6 Weekly escarpment surveys and reporting (Weekly rate; not $5,989.90 to exceed 35 weeks at $171.14 per week 7a Nighttime lighting surveys and reporting (Per survey rate; two surveys at $4,293.67 each)$8,587.34 7b Post -season lighting meeting with FWC (if required) $700.00 8a Final interpretive report $5,380.00 8b FWC nourishment reporting Excel spreadsheet $4,840.00 TOTAL not to exceed $256,624.52 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Work Agreement with APTIM for Environmental and Biological Support Services dated February 9, 2018. 67 WORK ORDER NUMBER 2018006-18 SECTOR 3 HURRICANES IAN AND NICOLE DUNE RENOURISHMENT PROJECT ENVIRONMENTAL MONITORING This Work Order Number 2018006-18 is entered into as of this day of , 2023 pursuant to that certain Engineering and Biological Support Services Contract for Sector 3 Agreement for Professional Services entered into as of January, 2018 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental and Infrastructure, LLC. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT -BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY Title: Date: By: P.E. Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: John Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, County Attorney 68 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A Titkanich, Jr., County Administrator PREPARED BY: Chris Balter, Chief, Long Range Planning DATE: February 7, 2024 SUBJECT: Consideration of the revised Indian River County Local Housing Assistance Plan for the Fiscal Years 2024-2025, 2025-2026, and 2026-2027 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting on February 20, 2024. DESCRIPTION AND CONDITIONS Pursuant to the requirements of Section 420.907, F.S., and Rule 67-37.005, Florida Administrative Code (FAC), the Board of County Commissioners approved the Count's first Local Housing Assistance Plan (Ordinance #93-13) on April 6, 1993. Subsequently, the Florida Housing Finance Corporation approved the County's plan and authorized the disbursement of State Housing Initiatives Partnership (SHIP) Program funds. According to Rule 67-37.005(2), Florida Administrative Code, every three years, each local government receiving SHIP funds must submit a new Local Housing Assistance Plan (LHAP) to the Florida Housing Finance Corporation. Accordingly, the County's plan was submitted in 1994, 1997, 2000, 2003, 2006, 2009, 2012, 2015, 2018, and 2021. In 2020, the Board of County Commissioners approved the County's current 3 -year plan. The Florida Housing Finance Corporation (FHFC) then approved the County's plan and authorized the disbursement of SHIP funds until June 30, 2024. By May 2024, the County must submit to FHFC a new 3 -year plan for FY 2024-2025, FY 2025-2026, and FY 2026-2027. This agenda item reviews the proposed new LHAP. 0 SHIP Program Activity Since its initial adoption in 1993, the County's LHAP has been successful in directing assistance to eligible households within the county. The attached table (attachment #1) identifies the County's SHIP allocations and the number of loans given to eligible applicants by fiscal year and by income category. Since SHIP is a state -funded program, the SHIP program fiscal year (FY) is concurrent with the 69 state fiscal year and runs from July 1 to June 30. Because SHIP funds provided in one fiscal year can be spent over a three fiscal year period, the county often has two or more years of SHIP funding active. For each fiscal year (FY), SHIP funds consist of state allocations and program income. Program income includes SHIP loan repayments and interest earned. For FY 2023-24, full funding estimated at approximately $1.8 million was approved by the Legislature. ANALYSIS To meet the Florida Housing Finance Corporation's local housing assistance plan submittal requirements and to recognize changed conditions, staff, in conjunction with the County's Affordable Housing Advisory Committee (AHAC), prepared a revised LHAP (Attachment 2). The revised plan is a continuation of the county's existing plan with the following changes: • The Emergency Rehabilitation Loan cap has been increased from $25,000 to $35,000. • Mobile Homes have been included in the Emergency Rehabilitation Loan Strategy. • The maximum purchase price has been increased from $294,601 to $300,000. • The existing types of strategies available through the SHIP program have been clarified, and the strategy categories have been made more consistent with the categories specified by the state. • A new strategy for Foreclosure Prevention has been created. The proposed revisions are intended to increase the loan amount to adjust to the rising labor, materials, and general contractor services prices. Additionally, the revisions reflect the current surge in housing market prices by increasing the purchase price. The Foreclosure Prevention strategy was created to combat the mounting cost of homeowner insurance, property taxes, and homeowner association fees. Affordable Housing Advisory Committee Review The LHAP was reviewed by the county's Affordable Housing Advisory Committee (AHAC) on January 3, 2024, and February 7, 2024. AHAC reviewed the proposed revisions and expressed their overall agreement with them. The proposed plan meets all state and local requirements, and the submitted revisions address changed conditions. Once the state adopts and approves it, the LHAP will provide the basic framework and operating procedures for the SHIP program for the next three fiscal years. The new plan will also make the county eligible to receive SHIP funds until June 2027. FUNDING All SHIP loans are funded from state SHIP allocations and program income. Therefore, no local funds are involved. 2 70 RECOMMENDATION Staff and the AHAC recommend that the BCC approve the new Indian River County Local Housing Assistance Plan by adopting the attached resolution, authorizing the Chairman to sign the certification page, and authorizing staff to make any changes to the LHAP as may be required after review by the state. ATTACHMENTS 1. SHIP Program Funds and Applicant Income Information Summary 2. Indian River County Local Housing Assistance Plan for FY 2024-2027 with. exhibits 3. Resolution Approving the New Plan 4. Plan's Certification Page 3 71 N ooe000000eaoe0000a�aoae000000 0 M N O O m r N N m N m MN M 0 o O m 0) V 'q M m O O M V O M N ';r V u m m O m r r . N N N . In '- m N M O m N M r O m V O M N N m N a0 N m m o m m V m m N N M N6 co V m V U7 N M r m m N r M r r to e n r e In o r to o :2 M M N e w N N e w) m u- 0 0 v U m E a a o o e o o e e o o v e a v o v o v o e o 0 o a v o v o a o O U e (D V to m M MI V O M m M m r m Or M m m m M M? 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T o N 0N 0 N 0 N o N 0 I N o I N o I N o I N 0 I N N N N N N N N N N N 0 N 0 N 0 N o N H N Adopted by BCC: Approved by FHFC: Effective: SHIP LHAP Template 2016-001 [eff. Date 7/1/20241 i I i Indian River County SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) 2024-2025, 2025-2026, 2026-2027 February 20, 2024 (Resolution 2024-***) July 1, 2024 BE Equal Housing Opportunity 73 SHIP LHAP Template 2016-001 [eff. Date 7/1/20241 F1 ... Table of Contents Description Page # Section I, Program Details 3 Section II, Housing Strategies 7 A. Owner Occupied Rehabilitation Loans 7 B. Purchase Assistance with Rehabilitation Loans 9 C. Purchase Assistance without Rehabilitation Loans 11 D. Emergency Repair Loans 12 E. Disaster Mitigation Loans 14 F. Impact Fee / Capacity Charge Loans 15 G. New Construction (Federal or State Programs Matching Loans) 16 H. Foreclosure Prevention 18 Section III, Incentive Strategies 19 A. Expedited Permitting 19 B. Ongoing Review Process 20 C. Other Incentive Strategies Adopted 21 Section IV, Exhibits 22 A. B. C. D. E. F. G. H. I. Administrative Budget for 2024-2025, 2025-2026, and 2026-2027 Timeline for Estimated Encumbrance and Expenditure Housing Delivery Goals Charts (HDGC) For 2024-2025, 2025-2026, and 2026-2027 Signed LHAP Certification Signed, Dated, Witnessed or Attested Adopting Resolution Ordinance: No Change to the Original Ordinance Interlocal Agreement: No Interlocal Agreement State Housing Initiatives Partnership (SHIP) Program Information Sheet Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan -2- 74 Program Details: A. LG(s) Name of Local Government . Indian River County Does this LHAP contain an interlocal agreement? No If yes, name of other local government(s) N/A SHIP LHAP Template 2016-001 Jeff. Date 7/1/2024] �.HOUSinq B. Purpose of the program: • To meet the housing needs of the very low, low, and moderate -income households; • To expand production of and preserve affordable housing; and • To further the housing element of the local government's comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2024-2025, 2025-2026, 2026-2027 D. Governance: The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code. Cities and Counties must be in compliance with these applicable statutes, rules, and any additional requirements as established through the Legislative process. E. Local Housing Partnership: The SHIP Program encourages building active partnerships between government, lending institutions, builders and developers, not-for-profit and community-based housing providers and service organizations, providers of professional services related to affordable housing, advocates for low- income persons, real estate professionals, persons or entities that can provide housing or support services, and lead agencies of the local continuums of care. F. Leveraging: The Plan is intended to increase the availability of affordable residential units by combining local resources and cost-saving measures into a local housing partnership and using public and private funds t reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local matches to obtain federal housing grants or programs. G. Public Input: Public input was solicited through face-to-face meetings with housing providers, social service providers, local lenders, and neighborhood associations. Public input was solicited through the locale newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: SHIP funding availability shall be advertised in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. I. Queue List/Priorities: A queue list will be established when applicants apply to the county SHIP program.I Those households on the queue list will be contacted by staff when their queue number is reached. The queue list will be maintained with applicants listed in an order that is consistent with the time that their preliminary intake forms were submitted. Queue numbers will be assigned based on that order. Adjustments to the queue order will be made to achieve any established funding priorities as described in this plan. Priorities for funding described herein apply to all strategies unless otherwise stated in the strategy. The county will accept preliminary intake forms during the advertised "Application Period". All applicants must complete the -3- 75 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 SHIP preliminary intake information sheet and submit it to the SHIP office to obtain their queue list number. Once there is a list of eligible applicants, they will be ranked based on the priorities provided below. Ranking Priority: 1. Emergency Loans for home repair related to a dire situation that needs to be mitigated immediately to prevent damage to the home or to resolve an immediate health hazard to the occupants. 2. Special Needs Households (until the program's required percentage has been met) 3. Very low-income and low-income applicants from local Non-profit Affordable Housing Organizations such as Habitat for Humanity and Every Dream Has a Price 4. Other applicants a. Very low income (until the program's required percentage has been met) b. Low income (until the program's required percentage has been met) C. Moderate income J. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, age, handicap, or marital status in the award application process for eligible housing. K. Support Services and Counseling: Support services are available from various sources. Available support services may include but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling, Tenant Counseling, Foreclosure Counseling, and Transportation. L. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be calculated for any 12 -month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units can be lower but may not exceed 90% of the average area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: U.S. Treasury Department X Local HFA Numbers M. Income Limits, Rent Limits, and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually by the Department of Housing and Urban Development and posted at www.floridahousing.org. "Affordable" means that monthly rents or mortgage payments, including taxes and insurance, do not exceed 30 percent of that amount, which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071, F.S. However, it is not the intent to limit an individual household's ability to devote more than 30% of its income to housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is -4- 76 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 ©ko satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. N. Welfare Transition Program: Should an eligible sponsor be used, a qualification system and selection criteria for applications for Awards to eligible sponsors shall be developed, which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. O. Monitoring and First Right of Refusal: In the case of rental housing, the staff and any entity that ha� administrative authority for implementing the local housing assistance plan assisting rental developments) shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides, periodic monitoring and determination, a municipality, county or local housing financing authority may rely. on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount) of $10,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for no less than 15 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 151, years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. P. Administrative Budget: A line -item budget is attached as Exhibit A. The city/county finds that the money, deposited in the local housing assistance trust fund is necessary to administer and implement the local I housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan." Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs." The applicable local jurisdiction has adopted the above findings in the resolution attached as Exhibit E. Q. Program Administration: Administration of the local housing assistance plan will be performed by: Entity Duties Admin. Fee Percentage Indian River County Administer the program 10% R. First-time Homebuyer Definition: For any strategies designed for first-time homebuyers, the following definition will apply: An individual who has had no ownership in a principal residence during the 3 -year period ending on the date of purchase of the property. This includes a spouse (if either meets the above test they are considered first-time homebuyers). A single parent who has only owned a home with a former spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An individual who -5- 77 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 P9 d"Ot" I has only owned a principal residence not permanently affixed to a permanent foundation in accordance witF applicable regulations. An individual who has only owned a property that was not in compliance with state local, or model building codes and which cannot be brought into compliance for less than the cost o constructing a permanent structure. S. Project Delivery Costs: In addition to the administrative costs listed above, the county will charge a reasonable project delivery cost associated with Owner Occupied Rehabilitation Loans, Emergency Repair Loans, and Disaster Mitigation loans not to exceed $2,750.00 (flat fee) to cover inspection services,l preparation of work write-ups, and construction inspections performed by non -salaried employees and non-! county employees for eligible properties. For all loans, housing delivery costs will also include but not bel limited to recording fees, documentary stamp tax fees, credit report fees, title search fees, partial satisfaction of mortgage recording fees, and counseling fees. These fees will be included in the amount of the recorded mortgage and note. T. Essential Service Personnel Definition (ESP): ESP includes teachers and educators, other school districts, community college and university employees, police and fire personnel, health care personnel, and skilled building trades personnel. U. Green Building: The county will, when economically feasible as determined by cost comparison by the assigned housing inspector, employ the following Green Building requirements on rehabilitation repairs, emergency repairs, and new construction: 1. Low or No-VOC paint for all interior walls (Low-VOC means 50 grams per liter or less for flat paint; 150 grams per liter or less for non -flat paint); 2. Low -flow water fixtures in bath rooms—WaterSense labeled products or the following specifications: a. Toilets: 1.6 gallons/flush or less; b. Faucets: 1.5 gallons/minute or less; and c. Showerheads: 2.2 gallons/minute or less. 3. Energy Star -qualified refrigerator (for new construction); 4. Energy Star -qualified dishwasher (for new construction); 5. Energy Star -qualified washing machine (for new construction) if provided in units; 6. Energy Star -qualified exhaust fans in all bathrooms; and 7. Air conditioning: Minimum SEER of 14 (or higher if required by code). V. Special Needs: The county will inform social service agencies serving the designated special needs populations of available SHIP assistance to achieve the 20% goal of the special needs set-aside. The goals will be met through all loan assistance strategies. -6- 78 SHIP LHAP Template 2016-0011 Jeff. Date 7/l/202411 W. Describe efforts to reduce homelessness: The Treasure Cost Homeless Services Council (TCHSC) provides al continuum of care to the homeless population within Indian River County. County staff works with the TCHSC staff to apply for grants, exchange information, and provide assistance as needed. TCHSC administers the Homeless Management Information System (HMIS). TCHSC provides shelters, rental and utility assistance, supportive services for veteran families, and manages affordable rental properties. X. Total assets (cash or non-cash items that can be converted to cash), not including IRA, Keogh, similar retirement savings accounts, and dedicated college savings accounts of an eligible household applying for SHIP assistance, shall not exceed twenty thousand dollars ($20,000.00). Y. The maximum active SHIP loans on any property shall not exceed $80,000, except when utilization of disaster and/or emergency funds is necessary. Section II. LHAP Strategies (Please read LHAP Strategy Quick Guide before developing strategies): A. Owner Occupied Rehabilitation Loans Code 3 a. Summary of Strategy: SHIP funds will be awarded to owner -occupied households in need of repairs to correct health and safety issues and code violations related to electrical, plumbing, roofing, windows, and other structural items, as well as hurricane hardening activities. A detailed list of rehabilitation work activities allowed or not allowed is included in the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, and low d. Maximum award: $ 80,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0%. 3. Years in Loan term: 10 years (5 years if used in conjunction with CDBG funding). 4. Forgiveness: The entire loan amount will be forgiven after 10 years of occupancy (only rehabilitation loans in conjunction with CDBG funding will be forgiven in 5 years or upon the death of the homeowner, whichever comes first). 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs -7- 79 SHIP LHAP Template 2016-001 [eff. Date 7/1/20241 during the 10 or 5 -year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as a primary residence, or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term (for loansl that are not used in conjunction with CDBG funds), the loan may be assumed by a SHIP -eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstandin balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make, an effort to recapture funds through the legal process if it is determined that) adequate funds may be available to justify pursuing a repayment. 7. Property shall not be eligible to re -apply until after the expiration of a 10 -year rehab loan, except when utilization of disaster and/or emergency rehabilitation funds is necessary. f. Recipient/Tenant Selection Criteria: Applicants will be ranked for assistance based on the timing that preliminary intake information is received with the priorities as described in section I of this plan. g. Sponsor Selection Criteria: N/A h. Additional Information: All work must be performed by licensed and insured contractors. Applicants applying for rehabilitation assistance loans must also provide a copy of the deed to their home. A complete application and all required documents must be submitted to the SHIP office when an applicant's queue number is reached and contacted by SHIP staff. Provided funding is available, more than one applicant will be pulled from the que list at the same time so that multiple applications can be processed and assistance provided at the same time. Residential Constriction Mitigation (RCMP): The county will match SHIP funds with My Safe Florida Home Funds for hurricane -resistant retrofit improvements to owner -occupied site -built homes to reduce potential future hurricane damage. When available, the county shall advertise the availability of My Safe Florida Home funds and accept applications from very low, low, and moderate -income homeowners with homestead exemptions for homes that have insured values not exceeding $300,000. Applications will be reviewed on a first -qualified, first-served basis. Eligible retrofit improvement work activities include the following: 1. Improving the strength of the roof deck attachment 2. Creating a secondary water barrier to prevent water intrusion 3. Improving the survivability of the roof covering 4. Bracing gable -ends in the roof framing -8- 80 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 5. Reinforcing roof -to -wall connections 6. Upgrading exterior wall opening protections 7. Upgrading exterior doors B. Purchase Assistance with Rehabilitation Loans Code 1 a. Summary of Strategy: SHIP funds will be awarded for down payment and closing costs as well as principal reduction to households to purchase an existing home. An existing home must be in need of rehabilitation. 791 c J e Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 Income Categories to be served: Very low, low, and moderate Maximum award: Income Category Purchase Assistance Portion Rehab Portion Max. Total Very Low $50,000 $15,000 $65,000 Low $35,000 $15,000 $50,000 Moderate $20,000 $15,000 $35,000 Terms: i 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0%. 3. Years in Loan term: 20 years for the Purchase Assistance Portion and 10 Years for the Rehabilitation Portion. 4. Forgiveness: The entire loan amount will be forgiven after 20 years of occupancy for the Purchase Assistance Portion and 10 years of occupancy for the Rehabilitation Portion. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the loan term (20 years for Purchase Assistance Portion and 10 years for Rehabilitation Assistance Portion): sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as a primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP -eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP -9- 81 SHIP LHAP Template 2016-001 1 Jeff. Date 7/1/20241 R Qoang .o eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in section I of this plan. g. Sponsor/Developer Selection Criteria: N/A In. Additional Information: Applicants for purchase assistance loans must provide a Vt mortgage pre - qualification letter from a lender in order to participate in the County program. Applicants must secure a first mortgage from an approved lender. i. For additional information, please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. j. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: Requirements for a Refinanced First Mortgage Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years It must be a fixed-rate Not to exceed the original first For purchase assistance loan, and the interest rate mortgage amount. Any available loans, up to 1 point allowed must be lower than the equity up to the original existing first mortgage mortgage amount may be used For other loans, up to 2 interest rate. for closing costs associated with points allowed the refinancing. No cash out to an applicant -10- 82 SHIP LHAP Template 2016-001 Jeff. Date 7/1/202}] C. Purchase Assistance without Rehabilitation Loans I Code 2 1 a. Summary of Strategy: SHIP funds will be awarded for down payment and closing costs as well as principal reduction to households to purchase a newly constructed home. A newly constructed home must have received a certificate of occupancy within the last twelve months. b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, low, and moderate d. Maximum award: Very Low: $50,000 Low: $35,000 Moderate: $20,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0%. 3. Years in Loan term: 20 years. 4. Forgiveness: The entire loan amount will be forgiven after 20 years of occupancy. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 20 - year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as a primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP -eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in section I of this plan. g. Sponsor/Developer Selection Criteria: N/A -11- 83 I I4 1 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 I h. Additional Information: Applicants must secure a first mortgage from a lender. Applicants for purchase assistance loans must also provide a pre -qualification letter from a lender. i. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. j. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: Requirements for a Refinanced First Mortgage Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years It must be a fixed-rate Not to exceed the original first For purchase assistance loan, and the interest rate mortgage amount. Any available loans, up to 1 point allowed must be lower than the equity up to the original existing first mortgage mortgage amount may be used For other loans, up to 2 interest rate. for closing costs associated with points allowed the refinancing. No cash out to an applicant D. Emergency Repair Loans I Code 6 a. Summary of Strategy: Funds will be awarded to applicants in need of rehabilitation of their home related to a dire situation that needs to be mitigated immediately. This includes replacement HVAC systems, damaged roofing when there is a recently active leak, the insurance company is requesting roof replacement to maintain insurance, damaged windows causing exposure to the elements, or electrical or plumbing, including septic tank problems, that could cause damage (fire) to the home or is an immediate health hazard to the occupants. As well as retrofitting bathrooms, walkways, and ramps for ADA compliance for applicants with disabilities. This strategy may be used in cases where the health department, a jurisdiction's building official, or the SHIP administrator determines that a home is in such a condition that it jeopardizes the occupant's health and safety. b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, low, and moderate d. Maximum award: $ 35,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0%. -12- 84 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 3. Years in Loan term: 10 years. 4. Forgiveness: The entire loan amount will be forgiven after 10 years of occupancy, or upon the death of the homeowner, whichever comes first. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; or failure to occupy the home as a primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the 10 -year loan term the loan may be assumed by a SHIP -eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be selected on a first -qualified, first-served basis with the priorities as described in Section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: An applicant requesting an emergency repair will be required to: 1. Allow the health department inspector, building department inspector, or rehabilitation specialist to access the home for an inspection to determine the need for the repair. 2. Provide proof of homeowner's insurance policy if it is available, any proof of whether or not the insurance will cover any part of the repair, and if applicable, insurance award to be completed prior to SHIP award. 3. When an applicant is assisted with emergency repairs, they will not lose their place on the queue list. However, the amount of funds expended for the emergency repairs will be counted towards the maximum award if the applicant receives subsequent assistance through the rehabilitation strategy. Funds may also be awarded to pay insurance deductibles for any emergency repairs covered by the homeowner's policy. For additional information, please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. 85 SHIP LHAP Template 2016-001 Jeff. Date 7/l/20241. E. Disaster Mitiaation Loans I Code 5 1 a. Summary of Strategy: Funds will be awarded to applicants in need of home repairs directly caused by a disaster that is declared by an Executive Order of the President or Governor. Repairs will be prioritized as follows: 1. Immediate threats to health and life safety (such as sewage, damaged windows, roofing) in cases where the home is still habitable. 2. Imminent residual damage to the home (such as damage caused by a leaking roof) in cases where the home is still habitable. 3. Repairs necessary to mke the home habitable. 4. Repairs to mitigate dan erous situations (such as exposed wires). b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, low, and moderate d. Maximum award: $ 30,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0% 3. Years in loan term: 10 years. 4. Forgiveness: The entire loan amount will be forgiven after 10 years of occupancy. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 - year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as a primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP -eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. 7. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to -14- SHIP LHAP Template 2016-001 [eff. Date 7/1/20241 i C recapture funds through the legal process if it is determined that adequate funds may bel r available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be assisted on a first -qualified, first-served' basis with the priorities for Special Needs income groups as described in section I of thisl plan. 1. Proof of homeowner's insurance if available. j i 2. Must file for and use proceeds from insurance as the first option. 3. Must file for FEMA, SBA, and other assistance available prior to applying to SHIP. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: Funds for disaster mitigation will only be allocated from unencumbered funds or additional funds awarded through Florida Housing Finance Corporation for the disaster. i. For additional information, please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. F. Impact Fee/ Capacity Charge Loans I Code 8 a. Summary of the Strategy: To assist income -eligible persons with the cost of impact fees and/or water and sewer capacity charges for owner -occupied housing units anywhere in Indian River County. b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, low, and moderate (in conjunction with PA loan only) d. Maximum award: $ 20,000 e. Terms : 1. Deferred Payment Loan (DPL); Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0%. 3. Years in loan term: 10 years. 4. Forgiveness: The entire loan amount will be forgiven after 10 years of occupancy or upon the death of the homeowner, whichever comes first. -15- 87 SHIP LHAP Template 2016-001 [eff. Date 7/1/2024] 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the loan', term, sale, transfer, or conveyance of property; conversion to a rental property; loss of( homestead exemption status; failure to occupy the home as a primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. 7. In cases where the qualifying homeowner(s) die(s) during the loan term (for loans not used in'! conjunction with CDBG funds), the loan may be assumed by a SHIP -eligible heir who will occupy' the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. 8. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be assisted on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in Section I. g. Additional Information: Impact Fee Capacity Charge loans will be based on the actual amount of impact fees/capacity charges charged by the county. h. For additional information, please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. G. New Construction (Federal or State Programs Matching Loans) I Code 21 a. Summary of the Strategy: To assist non-profit organizations, and for-profit developers with matching funds needed to obtain federal or state housing programs funding for development of rental affordable housing projects. b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, low, and moderate d. Maximum award: $ 25,000 per unit, and $100,000 per project e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate 3% 3.Term 10 years -16- 88 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 4.Forgiveness: the entire loan amount and interest accumulated will be forgiven after 10 years of compliance with federal and state housing program requirements. 5 -Repayment: Not required as long as the project is constructed and meets the federal or state housing program requirements for occupancy by very low, low, and/or moderate -income households. 6.Default:'iWhen the assisted housing has changed to a market rate prior to 10 years. In that case, the entire original loan and accumulated interest amount is due and payable. 7.Developer Selection Criteria: Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program must submit a federal or state housing funding application to the appropriate agency to qualify. Assistance will be provided to projects which receive an award of funds from a federal or state housing programs. Factors that may be considered in selecting the sponsor/developer may include, but are not limited to: a. Capacity and Capability to Carry out Project b. Scale of Project/Utilization of Density Bonuses C. Experience in Completing Similar Projects d. Use of Personnel from Wages and Workforce Development Programs e. Leveraging f. Site Control g. Neighborhood Compatibility with Area Redevelopment Plan h. Creation of Mixed -Income Communities i. Recapture Provisions j. Incorporation of Partnerships with Local Employers, Institutions, Hospitals and Schools k. Incorporation of Transit -Oriented Design I. Attractiveness of Design m. Multistory Buildings Must Have Elevators and be ADA Compliant n. Use of Green Building Techniques f. Tenant Selection: Management of the development will select potential renters for the SHIP -assisted units on a first -qualified, first-served basis. All applicants for residence in a SHIP -assisted unit must meet the income qualifications of the program as determined and reported by the developers' management company for the development. g. Additional Information: The compliance period for developments receiving SHIP funds as a match for any federal and/or state funds will be consistent with applicable federal and state fund requirements. Monitoring of these developments will be done through the appropriate federal or state programs. Developers receiving assistance from both SHIP and from the Low -Income Housing Tax Credit (LIHTC) program shall be required to comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from SHIP and other federal, state, or local programs shall be required to comply with any requirements -17- 89 SHIP LHAP Template 201 [eff. Date 7/1/ specified by the other program in addition to SHIP program requirements. In the event that both programs have restrictions on the same issue, the more restrictive regulatiol shall take precedence. If one program is silent on an issue, the program with a regulation' on the issue shall apply. 67-37.007(12) F.A.C. h. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. H. Foreclosure Prevention I Code 7 a. Summary of the Strategy: To assist income -eligible applicants to prevent foreclosure. This is a one-time assistance only. Applicants requesting assistance must be able to prove that their financial situation is temporary and is due to a change in the family status, including but not limited to serious medical illness, divorce or separation, death in the family, unforeseen home repair bills, a reduction in the number of scheduled work hours, or a job loss that was not the fault of the recipient. b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, low d. Maximum award: $ 8,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0%. 3. Years in Loan term: 2 years 4. Forgiveness: The entire loan amount will be forgiven after 2 years of occupancy. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; or failure to occupy the home as a primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the 2 -year loan term (for loans not used in conjunction with CDBG funds), the loan may be assumed by a SHIP - eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. -18- 90 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient/Tenant Selection Criteria: Selection Criteria: Applicants will be selected on a first -qualified, first- served basis with the priorities as described in Section I of this plan. g. Sponsor Selectiolln Criteria: N/A Additional Information: 1. Property taxes a P d homeowner's insurance must be paid current unless these amounts were being escrowed as part of the mortgage payment. 2. The property shall have no other liens other than the first mortgage or previous SHIP, CDBG, or NSP liens. 3. No assistance will be provided to any property owner whose home is in the process of foreclosure or who has delinquent tax liens or other liens, with the exception of a previous SHIP, CDBG, or NSP lien against it. III. LHAP Incentive Strategies In addition to the required Incentive Strategy A and Strategy B, include all adopted incentives with the policies and procedures used for implementation as provided in Section 420.9076, F.S.: A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3177 (6) (f) (3) for affordable housing projects are expedited to a greater degree than other projects. (Housing Element policies 1.5 & 1.6) - Housing Element Policy 1.5 POLICY 1.5: By 2000, the county shall assess its existing permit processing procedure and, if warranted, establish a full one-stop permitting process. - Housing Element Policy 1.6 POLICY 1.6: The County shall take all necessary steps to eliminate delays in the review of affordable housing development projects. In order to define delay, the county hereby establishes the following maximum timeframes for approval of projects when an applicant provides needed information in a timely manner: - Administrative approval - 5 days; - Minor site plan - 5 weeks; - Major site plan - 6 weeks; and - Special exception approval - 13 weeks. Whenever these review times increase by 150% or more due to the workload of the review staff, the county will -19- 91 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 da Housing begin prioritizing the review of affordable housing development project applications. In prioritizing affordable housing development project applications, staff will schedule affordable housing project applications for review before other types of project applications to ensure that maximum review timeframes are not exceeded for affordable housing projects. In 2019, after a recommendation from the Affordable Housing Advisory Committee (AHAC), the County revised the permit expediting process to make identification of affordable housing permits more identifiable. For hardcopy permit application submissions, the new process uses a bright neon green affordable housing permit expediting form and a similarly colored permit review folder to designate the permit as a permit that must be expedited. More recently, in 2020, in response to the COVID-19 health crisis, the Community Development Department implemented an electronic permit e-mail application process for all building permits. The process is currently being changed over to a permanent process. While not specific to affordable housing, the electronic permit application process will eliminate the time it takes to produce paper copies and have them delivered. With this process, applicants may request that the permit be expedited in the subject line of the e-mail and provide a copy of the neon green permit expediting form. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption (Housing Element Policy 1.7). - Housing Element Policy 1.7 POLICY 1.7: As part of the adoption process for any county regulations that could affect housing development, county planning staff shall prepare a Financial Impact Statement to assess the anticipated impact of the proposed regulation on the cost of housing. When proposed regulatory activities are anticipated to increase the estimated cost per unit projection. The financial impact statement then will be reviewed by the Professional Services Advisory Committee, the Planning and Zoning Commission, and, if possible, the Affordable Housing Advisory Committee. Those groups shall consider the regulation's effect on housing costs in making their recommendation to the Board of County Commissioners. The Board of County Commissioners will consider the financial impact statement in making its final decision on the adoption of any proposed regulations. C. Other Incentive Strategies Adopted: 1. Regulations providing up to a 20% density bonus for affordable housing development projects (housing element policy 2.5, Land Development Regulations Section 911.14(4)(a)). 2. Regulations allowing for small lot subdivisions with reduced setbacks, lot size, and lot width requirements for Workforce or Affordable Housing subdivision projects (Land Development Regulations, Chapter 911 and section 971.41(9)). 3. Regulations allowing for accessory single-family dwelling units in all agricultural and residential zoning districts (Land Development Regulations, Chapter 911 and Section 971.41(10)). -20- 92 SHIP LHAP Template 2016-001 [eff. Date 7/1/20241 4. Regulations allowing multi -family dwelling units in conjunction with commercial development, such as apartments over commercial buildings (Land Development Regulations Section 911.10 and Section 971.41 (6)). 5, Policies for expedited permit processing (Housing Element policies 1.5 and 1.6). 61 Policy for review of proposed local policies or regulations, which may increase the cost of housing (Housing Element policy 1.7). 7. Inventory of all surplus county owned land (Housing Element policy 2.4). 8. Policy for financing impact fees or payment of impact fees (Housing Element policy 4.3 and policy 4.4). 9. New single-family housing impact fee reduction/waiver categories added to County impact fee schedule; reducing or eliminating impact fees for certain sized housing units occupied by households with household incomes below 80% of the Area Median Income. 10. Policy for expediting permits for housing projects utilizing new construction technology (green building, Energy Star Program) (Housing Element policy 1.8). 11. Policy for support of development near transportation hubs or major employment centers (Housing Element policy 1.9). 12. Policy for assistance to non-profit housing organizations to establish CLTs (Housing Element policy 4.10). 13. Policy for assistance to non-profit organizations to establish CDCs (Housing Element policy 4.11). 14. Policy for assistance to employers for establishing employer assisted housing programs (Housing Element policy 4.12). 15. Policy for establishing a private/public housing trust fund (Housing Element policy 4.13). 16. Regulations allowing zero lot line subdivisions (Land Development Regulations Section 915.15). 17. Establishment of a Local Housing Assistance Program, allowing the county to utilize State ,Housing Initiatives Partnership (SHIP) program funds for the provision of affordable !housing (Local Housing Assistance program, Local Housing Assistance plan, Housing 'Element policies 2.7, 3.6, 4.4, 4.6, 4.7, 4.9, and 9.1). a -21- 93 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 IV. EXHIBITS: Required A. Administrative Budget for each fiscal year covered in the Plan. B. Timeline for Estimated Encumbrance and Expenditure. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan. D. Signed LHAP Certification. E. Signed, dated, witnessed or attested adopting resolution. Optional F. Ordinance: (If changed from the original creating ordinance). G. Interlocal Agreement (Required if applicable). H. Other Documents Incorporated by Reference. I. Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan -22- 94 ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A Indian River Cou Exhibit A Fiscal Year: 2024-2025 Estimated SHIP Funds for Fiscal Year: $ 1,892,707.00 Salaries and Benefits $ 174,270.70 Office Supplies and Equipment $3,000.00 Travel Per diem Workshops, etc. $1,000.00 Advertising $1,000.00 Other* $ 10,000.00 Total $ 189,270.70 Admin % 10.00% OK Fiscal Year 2025-2026 Estimated SHIP Funds for Fiscal Year: $ 1,892,707.00 Salaries and Benefits $174,270.70 Office Supplies and Equipment $ 3,000.00 Travel Per diem Workshops, etc. $1,000.00 Advertising $1,000.00 Other* $ 10,000.00 Total $ 189,270.70 Admin % 10.00% OK Fiscal Year 2026-2027 Estimated SHIP Funds for Fiscal Year: $ 1,892,707.00 Salaries and Benefits $ 174,270.70 Office Supplies and Equipment $ 3,000.00 Travel Per diem Workshops, etc. $ 1,000.00 Advertising $ 1,000.00 Other* $ 10,000.00 Total $ 189,270.70 Admin % 10.00% OK *All 'other" items need to be detailed here and are subject to review and approval by the SHIP review committee. Project Delivery Costs that are outside of administrative costs are not to be included here, but must be detailed in the LHAP main document. Details: Other = Professional Services. There will also be additional administrative income from SHIP program loan repayments and interest earned (not included in the above number.) 95 2024 Exhibit B Timeline for SHIP Expenditures Exhibit B Indian River County affirms that funds allocated for these fiscal years will meet the following deadlines: Fiscal Year Encumbered Expended Interim Closeout Report Report 2024-2025 6/30/2026 6/30/2027 9/15/2026 9/15/2027 2025-2026 6/30/2027 6/30/2028 9/15/2027 9/15/2028 2026-2027 6/30/2028 6/30/2029 9/15/2028 9/15/2029 If funds allocated for these fiscal years is not anticipated to meet expenditure deadlines, Florida Housing Finance Corporation will be notified according to the following chart: Fiscal Year Funds Not Expended Closeout AR Not Submitted 2024-2025 3/30/2027 6/15/2027 2025-2026 3/30/2028 6/15/2028 2026-2027 3/30/2029 6/15/2029 Requests for Expenditure Extensions (close-out year ONLY) must be received by FHFC by June 15 of the year in which funds are required to be expended. The extension request shall be emailed to robert.dearduff@floridahousing.org and cameka.gardner@floridahousing.org and include: 1. A statement that "(city/county) requests an extension to the expenditure deadline for fiscal year 2. The amount of funds that is not expended. 3. The amount of funds that is not encumbered or has been recaptured. 4. A detailed plan of how/when the money will be expended. Note: an extension to the expenditure deadline (June 30) does not relieve the requirement to submit (September 15) the annual report online detailing all funds that have been expended. Please email cameka.gardner@floridahousing.org when you are ready to "submit" the AR. Other Key Deadlines: AHAC reports are now due annually by December 31. 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N 3 fp Q C O O O j 0 o. o 0 = a N N x 3 � a a O •C 7 0 o^ ^ LL C N N N � N 01 OI 3 CA a C ri 7 N N N d w � � > h A d ' 4 y O m n z O 'o « V � � c = W V '. N o v c c 3 LL m E E m c v 0Ll e v V N 0 0 0 0 0 d M � M O O O C O O m o m N N N c E d c C E c a � � E w c E c 0 22 E EL O N `m _ c E c c3 z 0 � c m v u E c t; c a S w > - i Exhibit D 67-37.005(1), F.A.C. 2023 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government or Interlocal Entity: Indian River County, Florida Certifies that: (1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907- 420.9079, Florida Statutes. (2) All SHIP funds will be expended in a manner which will ensure that there will be no discrimination on the basis of race, color, national origin, sex, handicap, familial status, or religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government /interlocal entity will be unable to comply with any provision of the local housing assistance plan (LHAP). (6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a 100 Exhibit D 67-37.005(1), F.A.C. 2023 hyperlink shall be provided to Florida Housing by June 30 of the applicable year. (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S. shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. (14) Developers receiving assistance from both SHIP and the Low -Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for Miami -Dade County). Witness Witness Date OR Attest: Chief Elected Official or Designee Susan Adams, BCC Chairman Type Name and Title 2 (Seal) 101 Exhibit E 67-37.005(1), F.A.C. 2023 RESOLUTION #:2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND CHAPTER 67-37, FLORIDA ADM INISTRATIVE CODE; AUTHORIZING AND DIRECTINGTHE PLANNING AND DEVELOPMENT SERVICES DIRECTORTO EXECUTE ANY NECESSARY DOCUMENTSAND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BYTHE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one- to three-year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.9075, F.S., it is found that 5 % of the local housing distribution plus 5 % of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 % of the local housing distribution plus 5% of program income deposited into the trust 102 Exhibit E 67-37.005(1), F.A.C. 2023 fund, except that small counties, as defined in s. 120.52(19) Florida Statutes, and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 % of program income for administrative costs. WHEREAS, the Planning and Development Services Department has prepared a three-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the Board of County Commissioners made a determination that it is in the best interest of Indian River County citizens to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds; and WHEREAS, this resolution replaces and supersedes resolution #2020-107, which was approved by the Board on December 1, 2020. NOW THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 1: The Board of County Commissioners of Indian River County hereby approves the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2023-2024, 2024-2025, 2025-2026. Section 2: The Planning and Development Services Director is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan and to do all things necessary and proper to carry out the terms and conditions of said program. 103 Exhibit E 67-37.005(1), F.A.C. 2023 Section 3: The County shall utilize up to 10% of the local housing distribution plus 5% of the program income deposited into the trust fund to administer the program. Section 4: This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner and seconded by Commissioner , and being put to a vote, the vote was as follows: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of February 2024. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Ryan L. Butler, Deputy Clerk of Circuit Court and Comptroller ATTEST: BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: William K. DeBraal, County Attorney Susan Adams, Chairman 104 EXHIBIT F No change to the Original Ordinance EXHIBIT G No Interlocal Agreement -1- 105 EXHIBIT H STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL GOVERNMENT: CHIEF ELECTED OFFICIAL: ADDRESS: SHIP ADMINISTRATOR ADDRESS: TELEPHONE: EMAIL ADDRESS: INFORMATION SHEET Indian River County, Florida Susan Adams, Chairman, Board of County Commissioners 180127 th Street, Vero Beach, FL 32960 Christopher Balter, Chief, Long Range Planning 180127 th Street, Vero Beach, FL 32960 (772) 226-1250 FAX: (772) 226-1922 cbalter@indianriver.gov ADDITIONAL SHIP CONTACTS: Briana Lambert ADDRESS: 180127 th Street, Vero Beach, FL 32960 EMAIL ADDRESS: blambert@indianriver.gov INTERLOCAL AGREEMENT: NO (IF yes, list other participants in the inter -local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000674 MAIL DISBURSEMENT TO: Board of County Commissioners, Indian River ADDRESS: 180127 th Street, Vero Beach, FL 32960 OR: IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: C NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 - 1 - 106 Indian River County GUIDELINES AND PROCEDURES FOR IMPLEMENTING STRATEGIES OF LOCAL HOUSING ASSISTANCE PLAN (CHAP) STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FY 2024-2025 FY 2025-2026 FY 2026-2027 Effective: July 1, 2024 0 Equal Housing Opportunity 107 TABLE OF CONTENTS PURPOSE AND INTENT I. PROGRAM DETAILS Exhibit I Page 1 1 • General Loan Application Process 1 • Local Loan/Applicant Requirements 2 H. LHAP ASSISTANCE STRATEGY DESCRIPTIONS, 4 IMPLEMENTATION GUIDELINES, AND OPERATING PROCEDURES A. Owner Occupied Rehabilitation Loans (Code #3) 4 B. Purchase Assistance with Rehabilitation Loans (Code #1) 8 C. Purchase Assistance without Rehabilitation Loans (Code #2) 12 D. Owner Occupied Emergency Rehabilitation Loans (Code #6) 16 E. Disaster Mitigation Loans (Code #S) 19 F. Impact Fee/Capacity Charge Loans (Code #8) 22 G. New Construction Federal or State Programs Matching Loans 24 (Code #21) H. Foreclosure Prevention (Code #7) 26 108 Exhibit I PURPOSE AND INTENT This document outlines and provides the guidelines and operating procedures for implementing assistance strategies of the Indian River County Local Housing Assistance Plan as established by the Indian River County Board of County Commissioners via Ordinance 93-13; pursuant to the requirements of the State of Florida State Housing Initiatives Partnership (SHIP) Program statute 420.907-420.9079 and Rule Chapter 67-37, Florida Administrative Code (FAC). The purpose and intent of this document is to provide consistent and clear guidelines and operating procedures for implementing assistance strategies identified in the Indian River County Local Housing Assistance Plan. SECTION I: PROGRAM DETAILS Program details are provided in the Local Housing Assistance Plan. However, a more detailed implementation guideline and operating procedure are provided in this document. • General Loan Application Process During the application acceptance period, each applicant receives an application (queue) number after submission of a preliminary intake form, which is given to them by the County's SHIP Program staff in consecutive order. At the end of the application acceptance period, staff will conduct reviews based on the priorities identified in the Local Housing Assistance Plan and this document. When an applicant's queue number is reached, it may be adjusted to achieve any established funding priorities established in the LHAP; staff will send the applicant a letter, email, or call the applicant, letting him or her know what is needed to complete the application. A complete application and all required documents must be submitted to the SHIP office within 4 weeks. For complete applications, staff will verify the household's income and assets and then send a conditional award (eligibility) letter to the applicant, indicating the household's information and informing the applicant that a specific amount of the funds is reserved for him for 90 days. The conditional award letter identifies what is needed for an application to be ready for the Loan Review Committee review. The Loan Review Committee consists of three members: the Indian River County Community Development Director or his designee, a financial institution representative or his or her alternates, a member of the Indian River County Board of County Commissioners or his or her designee, who shall serve as chairman of the Loan Review Committee. The completed applications will then be submitted to the County's SHIP Program Loan Review Committee (LRC). After the Loan Review Committee approval, staff will send a Loan Review Committee approval letter to the applicant and notify them that the loan must be closed within 90 days. The Loan Review Committee approval letter specifies steps and documents needed prior to scheduling a loan closing. Mortgage documents and promissory notes are then prepared, and a closing is scheduled. At the closing, the applicant signs all appropriate documents that will be recorded, and then funds are expended according to each strategy. -1- 109 Exhibit I For rehabilitation loans, staff sends a notice to proceed to the contractor after the recorded documents are returned from the county courthouse. The contractor then pulls building permits and completes the work. The appropriate jurisdiction's building department inspector inspects the completed work. The contractor sends the county or the housing inspector, if a major rehabilitation project, the final invoice, final contractor affidavit, contractor final waiver of lien, sub -contractor final waiver of lien (if applicable), approved final inspection(s), and a final satisfaction from the owner. Staff will prepare and record a Satisfaction of Mortgage for loans that are paid back and for loans that terminate after the affordability timeframe. • Local Loan/Applicant Requirements Eligible persons or sponsors applying for participation in the County's SHIP Program, in addition to State requirements, shall comply with the following local requirements: a. Asset Verification Total household assets (cash or non-cash items that can be converted to cash), not including IRA, Keogh, and similar retirement savings accounts of an eligible household applying for SHIP assistance, shall not exceed twenty thousand dollars ($20,000.00). b. Income Verification / Banking Documents All applicants will be required to provide 2 months of the most current consecutive paystubs and 3 months of the most current consecutive banking statements. C. Credit Verification 1. Credit Requirement for Purchase Assistance Loans For applicants applying for both a SHIP purchase assistance loan and a loan from a financial institution, the applicable financial institution shall determine whether each applicant's credit is satisfactory based on the applicable financial institution's credit standards. Applicants who received a purchase assistance loan but foreclosed on the first mortgage are not eligible to re -apply for another SHIP purchase assistance loan. 2. Credit Requirement for Rehabilitation and Impact Fee Loans Applicants for rehabilitation and impact fee loans will be deemed to have satisfactory credit if the applicable title search report shows that there is no active lien, judgment, or foreclosure action against the applicant or the applicant's property. No credit requirements shall apply for rehabilitation loans to very low and low- income households using SHIP funds as a match for CDBG funds, Residential - 2 - 110 Exhibit I Construction Mitigation Program (RCMP) funds, or other state and federal housing funding. All applicants must be current on their mortgage loans and property taxes. c. Home Inspection The applicable financial institution shall determine what type of home inspection is needed for applicants applying for SHIP funds and a loan from a financial institution. The financial institution shall arrange for the inspections through their established procedures and shall be responsible for all approval contingencies. For Purchase Assistance loans, the following inspections for all existing housing units five years or older are recommended: i. Termite Inspection ii. Roof iii. Plumbing system iv. Electrical system V. Heating and air conditioning system All inspections must be performed by public service licensed inspectors, registered or certified residential, building, general contractors, or licensed trade contractors as appropriate. The county's staff shall review home inspection reports requested by the county to determine the condition of the home. Based on the results of the home inspection reviewed by the bank or the county, one of the following three actions will be taken: i. If the home is in good condition, the purchase assistance loan application will be submitted to the loan review committee for approval; or ii. If the home needs some rehabilitation work, the applicant may receive a combination of purchase assistance and a rehabilitation loan. A combined purchase assistance and rehabilitation loan application will be submitted to the loan review committee for approval; or iii. If the home is in excessive disrepair and cannot be fixed, the loan application will not be approved. Home inspection charges are considered to be eligible closing cost expenses and payable through SHIP funds. In cases where the county requests a home inspection, but due to the home's condition, a purchase assistance loan cannot be approved, the home inspection cost will be paid through the administration portion of SHIP funds. - 3 - 111 Exhibit I SECTION H: LHAP ASSISTANCE STRATEGY DESCRIPTIONS, IMPLEMENTATION GUIDELINES, AND OPERATING PROCEDURES A. Owner Occupied Rehabilitation Loans (Code #3) a. Summary of the Strategy: To fund all or a portion of the cost encountered in rehabilitating existing owner -occupied housing units or rehabilitation of acquired owner -occupied housing units in conjunction with purchase assistance loans. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 c. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income) Low-income persons (between 50-80% of median income) d. Maximum Award: Maximum award: Very Low and Low $80,000 e. Terms, Recapture, Default: Rehabilitation loans are deferred payment 10 -year loans secured by a mortgage and note. The repayment of funds awarded as a rehabilitation loan is not required, except in cases where the assisted housing unit is sold, refinanced with cash -out prior to termination of the unit's affordable classification timeframe, or occupied by someone other than the original loan recipient. In cases where the unit is sold, refinanced with a cash -out, or occupied by someone else, the entire original loan amount and accumulated interest must be paid back. There will be a 0% simple interest rate for rehabilitation loans. The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy for very low and low-income households. Program income funds will be deposited in the county's affordable housing trust fund. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income -eligible heir may assume the county SHIP loan as long as the home is utilized as the household's homesteaded property (rehabilitation loans in conjunction with CDBG funding will be forgiven upon the death of the homeowner). f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first -qualified, first-served basis subject to funding availability as may be adjusted per the LHAP based on ranking priorities. The following information for applicants will be checked/verified to confirm eligibility and for record management and reporting: i. Income - 4 - 112 Exhibit I ii. Employment iii. Assets iv. Credit for moderate -income households only V. Disability Status vi. Other information as deemed necessary to meet program requirements First-time applicants will be given priority over previously assisted persons. g. Other Rehabilitation Loan requirements: The County's SHIP Program anticipates providing low-interest loans to eligible households to fund all or a portion of the cost encountered in rehabilitating existing or rehabilitating acquired housing units eligible for occupancy by eligible persons. Rehabilitation loans shall be provided consistent with the requirements of the county's minimum standards for the rehabilitation of residential properties document. Rehabilitation loans will not be awarded for work completed before the county loan approval. Licensed contractors must perform all rehabilitation work. Rehabilitation loans may be awarded only for rehabilitation work activities that are identified in the county's designated inspector work write-up and include only items that are in poor condition and cannot be repaired. Rehabilitation loans may be awarded for the following rehabilitation work activities: 1. Roof (shingle or 5V metal), including replacement of all rotten wood 2. Plumbing work as needed 3. Electrical work as needed 4. Heating and air conditioning, including insulation and ceiling fans 5. Replacement of doors, garage doors, and windows, if in poor condition 6. Replacement of kitchen cabinets and countertops, if in poor condition, with plastic laminate type 7. Patching or replacement of drywall as needed 8. Painting, only as part of more significant rehabilitation work 9. Replacement of rotted siding 10. Replacement of bathroom tubs, lavatories, and sinks, as needed to bring the units to a safe and sanitary standard 11. Replacement of kitchen sinks as needed 12. Pressure wash, only to prepare for any allowed painting or repair 13. Driveway/culvert (only if no driveway exists) 14. Repairs to make a house accessible for a disabled member of a household 15. Repair or replacement of septic tank, lift station, drain field, or private well as required by the public health department 16. Termite repairs and treatment 17. Installation of Aluminum storm window shutters 18. Installation of gutters 19. Hurricane Mitigation work activities 20. Replacement of water heater as needed (including solar panels for a water heater) 21. Other repairs as required by the building department to bring the house up to the current minimum housing code 22. Replacement of stairs as needed 5 113 Exhibit I 23. Application of green building standards to increase the energy efficiency of the unit 24. Repair of a permitted porch to make it safe 25. Replacement of range hood if existing one is not working; installation if no existing 26. Repair or replacement of existing smoke alarm and/or carbon monoxide alarm; installation if none existing 27. Plastic screen, metal screen, or metal mesh for soffit vents 28. Other needed rehabilitation work approved by the SHIP administrator 29. Replacement of flooring with the same existing flooring type (tile floor in a wet area such as kitchen and bathrooms only) 30. Mold and mildew remediation that is not covered by the homeowner's insurance. 31. Payment of an applicant's homeowners insurance deductible in conjunction with a SHIP rehabilitation job when an applicant can get insurance funds for some of the needed work and it is determined by the SHIP administrator that it is in the best interest of the SHIP program and the applicant to pay for the insurance deductible Following rehabilitation work activities are NOT eligible for SHIP funding: 1. Appliances 2. Wood flooring 3. Sauna or Hot Tub 4. Tile floor or wall (except in wet areas such as kitchen and bathrooms) 5. Patio and porch addition 6. Painting which is not part of larger rehabilitation work 7. Building a garage or any house addition 8. Landscaping, sodding, and similar work 9. Any kind of cosmetic work 10. Swimming pool and similar facilities 11. Tile or slate roofing 12. Hardi plank siding unless replacing existing portions 13. Fence Rehabilitation loan amounts shall be based upon a minimum of two written licensed contractor estimates for the exact same scope of work, identifying all necessary rehabilitation work and the expected costs of the rehabilitation work. One bid may be allowed at the discretion of the LHAP Administrator. Contractors' estimates for major rehabilitation work must be based on a work write-up prepared by the county -designated inspector. The applicant shall choose one of the contractors to complete the identified rehabilitation work provided that the contractor cost estimate does not exceed 110% of the estimate provided by the county -designated inspector. When there is no work write-up applicant must receive two comparable bids for the exact same job from two licensed contractors. In this case, the applicant shall choose one of the acceptable bids provided that the contractor's cost estimate does not exceed 5% of the average of all bids received. Where the proposed rehabilitation is minimal or involves specific activities such as replacement of a septic tank, replacement of A/C, roof, window shutters, and other similar work, there may be no work write-up. In such cases, the applicant must contact licensed contractors, obtain at least two comparable bids for the exact same job, and submit the bids to the county. - 6 - 114 Exhibit I Once the contractor estimate is selected and the rehabilitation loan amount including contingencies established, no additional funds may be awarded. The contractor estimate must identify all potential costs (including building permit fees) to be encountered in completing the rehabilitation work. Change orders must be approved by the county designated inspector and/or local housing assistance program staff. The county will order a title search for each rehabilitation property. The county will use the title search results to ensure that all property taxes are current and that there are no delinquent liens or judgments against the property or the property owner(s). Any liens/mortgages identified on the county title search requires proof/documentation that the lien/mortgage is current. The applicant or his contractor must obtain a building permit from the corresponding jurisdictional building department for all rehabilitation work activities. The funds for rehabilitation loans of less than $5,000 shall be delivered upon completion of all rehabilitation work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector or local housing assistance program staff that all required rehabilitation activities for the eligible housing unit are completed. Funds for rehabilitation loans of $5,000.00 or more may be delivered in individual draws, not to exceed five draws total, based upon the completion of individual components of the rehabilitation work and inspection by the corresponding jurisdictional Building Department and the county designated inspector or the local housing assistance program staff. Each partial draw of funds shall not be less than $5,000 and it shall be delivered upon completion of all rehabilitation work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector or the local housing assistance program staff that all required rehabilitation activities for the eligible housing unit are completed. The contractor must submit an invoice, a copy of the final inspection report, signed and notarized contractor's final affidavit, contractor final waiver of lien, and sub -contractor's final waiver of lien (if any). Staff will make sure that the final draw is not less than $5,000 by keeping track of all draw requests. No SHIP funds will be paid for any work completed prior to the county's notice to proceed. Rehabilitation loans can be leveraged with private funds, small city Community Development Block Grant (CDBG) funds, weatherization funds, and other state and federal programs as appropriate. h. Additional Information: i. Geographic Area Rehabilitation loans may be made anywhere in the county, including all municipalities located within the county; ii. Housing Unit Classification Eligible housing units receiving rehabilitation loans must be owner - occupied single-family, or condominium residences. Mobile homes are not eligible; and - 7 - 115 Exhibit I i. Residential Hurricane Miti ag tion: The county will match SHIP funds with My Safe Florida Home Funds for hurricane - resistant retrofit improvements to owner -occupied site -built homes to reduce potential future hurricane damage. If applicable, the county shall advertise the availability of My Safe Florida Home funds, accept applications from very low, low, and moderate income homeowners with homestead exemptions for homes that have insured values not exceeding $300,000. Applications will be reviewed on a first qualified, first-served basis. Applications, however, will be approved based on first application completed, first application to receive funding. Eligible retrofit improvements work activities include the following: 1. Improving the strength of the roof deck attachment 2. Creating a secondary water barrier to prevent water intrusion 3. Improving the survivability of the roof covering 4. Bracing gable -ends in the roof framing 5. Reinforcing roof -to -wall connections 6. Upgrading exterior wall opening protections 7. Upgrading exterior doors B. Purchase Assistance with Rehabilitation Loans (Code #1) a. Summary of the Strategy: To assist eligible persons with down payment and closing costs principal reduction associated with the purchase of a home. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 C. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income) Low -Income Persons (between 51-80% of median income) Moderate -Income Persons (between 81-120% of median income) d. Maximum Award: - a - 116 Exhibit I e. Terms, Recapture, Default: Purchase assistance with rehabilitation loans is deferred payment 20 -year loans for the purchase assistance portion and deferred payment 10 -year loans for the rehabilitation portion, both secured by a mortgage and note whereby repayment of the entire loan' amount and accumulated interest occurs at the time that the eligible housing unit is sold, refinanced with cash out, or occupied by someone other than the original loan recipient. There will be a 0% simple annual interest rate for Purchase Assistance with Rehabilitation loans. After 20 years for purchase assistance and after 10 years for rehabilitation assistance; the original loan amount and accumulated interest will be forgiven. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income -eligible heir may assume the county SHIP loan as long as the home is utilized as the household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis as may be adjusted per the LHAP based on ranking priorities, subject to funding availability. Applicants will have the following verified to confirm eligibility and for record management and reporting: i. Income; ii. Employment; iii. Assets; iv. First time Homebuyer Status; V. Credit Verification and/or approval from the financial institution that is granting the first mortgage; vi. Approval of first mortgage from a financial institution; vii. Attendance and completion of County's Homebuyer's Educational Workshop (receiving the Homebuyer's Educational Workshop Certificate); and viii. Disability Status. g. Sponsor Selection Criteria: N/A h. Additional Information: i. Geographic Area Purchase assistance with rehabilitation loans may be made anywhere in the county, including all municipalities located within the county; - 9 - 117 Exhibit I ii. Housing Unit Classification All housing units shall be owner -occupied single-family or condominium residences; iii. Purchase assistance loans can be given in combination with a rehabilitation or impact fee loan, for the purchase of existing homes or in combination with an impact fee/capacity charge loan for the construction of a new unit; iv. As structured, the program does not require an applicant to provide a minimum monetary contribution towards the down payment or closing costs. This program policy, however, does not exempt an applicant from a financial institution's minimum monetary contribution requirement, if applicable; V. No owner financing is allowed. All purchase assistance applicants must receive their first mortgage from a financial institution; vi. Except as otherwise provided for herein, SHIP purchase assistance with rehabilitation funds shall not be provided to any household where for the household's first mortgage projected monthly housing cost, including mortgage principal, interest, taxes, and insurance, will exceed 30% of the household's gross income, or where the household's total debt will exceed 45% of the household's gross income. It is not, however, the intent of this plan to limit an individual household's ability to direct more than 30% of its income for housing if the first institutional mortgage lender is satisfied that the applicant household can afford mortgage payments in excess of the 30% benchmark. For that reason, the monthly housing cost to gross income ratio (front-end ratio) may be up to 35% as long as the back -end ratio does not exceed 45%. In such cases, the first mortgage lender must inform the county in writing of its determination. This determination must be based on specific characteristics applicable to the applicant, such as the applicant's short-term debts, the applicant having a good history of debt management, or other pertinent reasons. These requirements apply to all income categories. With the exception of very low and low-income Habitat for Humanity applicants, a household's monthly housing cost -to -income ratio (front-end ratio) shall not fall below 20%. Because Habitat for Humanity mortgages carry a 0% interest rate, Habitat for Humanity clients may have a monthly housing cost less than 20% of gross income. In the case of Habitat for Humanity clients, the front- end ratio may be as low as 17%. Housing units constructed as new units, within one calendar year, substantially rehabilitated within one (1) calendar year prior to purchase, or units to be rehabilitated in conjunction with the purchase assistance loans shall be classified as constructed, rehabilitated, or repaired units; Indian River County has a lending consortium consisting of local banks and financial institutions. Pursuant to the consortium's rules, consortium members waive certain fees and charge interest rates close to the Federal National -io- 118 Exhibit I Mortgage Association or Federal Home Loan Mortgage Corporation 30 to 60 day rate for principal mortgages provided to SHIP purchase assistance loan recipients. The maximum term of a first mortgage shall not exceed 30 years. For SHIP purchase assistance with rehabilitation loans, the number of points, which may be charged by the financial institution providing the first mortgage, shall be as follows: • For conventional loans, up to one (1) point may be paid from SHIP funds. If a lender does not charge any points on a principal mortgage associated with a SHIP purchase assistance loan, the lender may increase the interest rate on the first mortgage up to a maximum of 1 percentage point above the maximum interest rate referenced above • For FHA loans, a maximum of one (1) point may be paid from SHIP funds • For "bond program" loans only, more than one (1) point may be paid from SHIP funds; For applicants to be eligible to receive SHIP funds for a purchase assistance with rehabilitation loan the first mortgage loan must be a fixed rate loan. No loan requiring a balloon payment is acceptable for any income group; For all purchase assistance with rehabilitation loans a copy of the first mortgage title insurance must be provided to SHIP office; and Purchase assistance loans may be leveraged with loans from financial institutions, USDA Rural Development, Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Community Workforce Housing Innovation Pilot Program (CWHIP), and other applicable State or Federal Programs. vii. Maximum purchase price shall not exceed 90% of the average area purchase price as established by the U.S. Treasury Department and published by Florida Housing Finance Corporation. • Maximum purchase price for new and existing single-family homes and condos is $300,000. viii. Subordination of SHIP mortgages associated with first mortgage refinancing shall be subject to the following requirements. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: -11- 119 Exhibit I Requirements for a Refinanced First M rtRaize Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years Must be a fixed rate Not to exceed the original first For purchase assistance loan, and interest rate mortgage amount. Any loans up to 1 point allowed must be lower than the available equity up to the existing first mortgage original mortgage amount may For other loans up to 2 interest rate. be used for closing costs points allowed associated with the refinancing. No cash out to applicant ix. Partial Loan Payment The county's Loan Review Committee (LRC) will review all requests for partial loan payments on a case-by-case basis. However, the county will not accept any partial loan payment less than 35% of the original loan, unless it is proven that it is in the best interest of the county to accept a partial loan payment of less than 35%. C. Purchase Assistance without Rehabilitation Loans (Code #2) a. Summary of the Strategy: To assist eligible persons with down payment and closing costs principal reduction associated with the purchase of a home. Purchase assistance loans without rehabilitation are intended to be used by applicants who fmd new homes that do not need any rehabilitation. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 c. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income) Low -Income Persons (between 51-80% of median income) Moderate -Income Persons (between 81-120% of median income) d. Maximum Award: Very Low -Income Person $50,000 Low -Income Person $35,000 Moderate -Income Person $20,000 e. Terms, Recapture, Default: - 12 - 120 Exhibit I Purchase assistance loans are deferred payment 20 -year loans secured by a mortgage and note whereby repayment of the entire loan amount and accumulated interest occurs at the time that the eligible housing unit is sold, refinanced with cash out, or occupied by someone other than the original loan recipient. There will be a 0% simple annual interest rate for Purchase Assistance loans. After 20 years the original loan amount and accumulated interest will be forgiven. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income -eligible heir may assume the county SHIP loan as long as the home is utilized as the household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first -qualified, first-served basis as may be adjusted per the LHAP based on ranking priorities, subject to funding availability. Applicants will have the following verified to confirm eligibility and for record management and reporting: ix. Income; X. Employment; xi. Assets; xii. First-time Homebuyer Status; xiii. Credit Verification and/or approval from the financial institution that is granting the first mortgage; xiv. Approval of the first mortgage from a financial institution; xv. Attendance and completion of County's Homebuyer's Educational Workshop (receiving the Homebuyer's Educational Workshop Certificate); and xvi. Disability Status. g. Sponsor Selection Criteria: N/A h. Additional Information: i. Geographic Area Purchase assistance loans may be made anywhere in the county, including all municipalities located within the county; ii. Housing Unit Classification - 13 - 121 Exhibit I All housing units shall be owner -occupied single-family or condominium residences; iii. Purchase assistance loans can be given in combination with an impact fee/capacity charge loan for the construction of a new unit; iv. As structured, the program does not require an applicant to provide a minimum monetary contribution towards the down payment or closing costs. This program policy, however, does not exempt an applicant from a financial institution's minimum monetary contribution requirement, if applicable; V. No owner financing is allowed. All purchase assistance applicants must receive their first mortgage from a financial institution; vi. Except as otherwise provided for herein, SHIP purchase assistance funds shall not be provided to any household where for the household's first mortgage projected monthly housing cost, including mortgage principal, interest, taxes, and insurance, will exceed 30% of the household's gross income, or where the household's total debt will exceed 45% of the household's gross income. It is not, however, the intent of this plan to limit an individual household's ability to direct more than 30% of its income for housing if the first institutional mortgage lender is satisfied that the applicant household can afford mortgage payments in excess of the 30% benchmark. For that reason, the monthly housing cost to gross income ratio (front-end ratio) may be up to 35% as long as the back -end ratio does not exceed 45%. In such cases, the first mortgage lender must inform the county in writing of its determination. This determination must be based on specific characteristics applicable to the applicant such as the applicant's debts being short term, the applicant having a good history of debt management, or other pertinent reasons. These requirements apply to all income categories. With the exception of very low and low-income Habitat for Humanity applicants, a household's monthly housing cost -to -income ratio (front-end ratio) shall not fall below 20%. Because Habitat for Humanity mortgages carry a 0% interest rate, Habitat for Humanity clients may have a monthly housing cost less than 20% of gross income. In the case of Habitat for Humanity clients, the front-end ratio may be as low as 17%; Housing units constructed as new units, within one calendar year, and substantially rehabilitated within one (1) calendar year prior to purchase shall be classified as new units; Indian River County has a lending consortium, consisting of local banks and financial institutions. Pursuant to the consortium's rules, consortium members waive certain fees and charge interest rates close to the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation's 30- to 60 -day rate for principal mortgages provided to SHIP purchase assistance loan recipients. The maximum term of a first mortgage shall not exceed 30 years. For SHIP purchase assistance loans, the number of points, which may be - 14 - 122 Exhibit I charged by the financial institution providing the first mortgage, shall be as follows: • For conventional loans, up to one (1) point may be paid from SHIP funds. If a lender does not charge any points on a principal mortgage associated with a SHIP purchase assistance loan, the lender may increase the interest rate on the first mortgage up to a maximum of 1 percentage point above the maximum interest rate referenced above • For FHA loans, a maximum of one (1) point may be paid from SHIP funds • For "bond program" loans only, more than one (1) point may be paid from SHIP funds; For applicants to be eligible to receive SHIP funds for a purchase assistance loan the first mortgage loan must be a fixed rate loan. No loan requiring a balloon payment is acceptable for any income group; For all purchase assistance loans a copy of the first mortgage title insurance must be provided to SHIP office; and Purchase assistance loans may be leveraged with loans from financial institutions, USDA Rural Development, Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Community Workforce Housing Innovation Pilot Program (CWHIP), and other applicable State or Federal Programs. viii. Maximum purchase price shall not exceed 90% of the average area purchase price as established by the U.S. Treasury Department and published by Florida Housing Finance Corporation. • Maximum purchase price for new and existing single-family homes and condos is $300,000. viii. Subordination of SHIP mortgages associated with first mortgage refinancing shall be subject to the following requirements. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: - 15 - 123 Exhibit I Requirements for a Refinanced First Morta e Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years Must be a fixed rate Not to exceed the original first For purchase assistance loan, and interest rate mortgage amount. Any loans up to 1 point allowed must be lower than the available equity up to the existing first mortgage original mortgage amount may For other loans up to 2 interest rate. be used for closing costs points allowed associated with the refinancing. No cash out to applicant X. Partial Loan Payment The county's Loan Review Committee (LRC) will review all requests for partial loan payments on a case-by-case basis. However, the county will not accept any partial loan payment less than 35% of the original loan, unless it is proven that it is in the best interest of the county to accept a partial loan payment of less than 35%. D. Owner Occupied Emerggn&y Rehabilitation Loans (Code #6) a. Summary of the Strategy: To fund all or a portion of the cost encountered for emergency repair of existing owner - occupied housing units to prevent further damage to the unit or to make it habitable with temporary repairs. This strategy shall be used in cases where the health department, a jurisdiction's building official, SHIP administrator, or designee determines that a structure or other items, such as a septic tank, is in such condition that it threatens the occupant's health or safety. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 c. Income Categories to be Served: Very Low -Income Persons (not to exceed 50% of median income) Low -Income Persons (51 to 80% of the county's median income) Moderate -Income Persons (81-120% of median income) d. Maximum Award: The maximum monetary award for an emergency repair loan shall not exceed: Up to $35,000 per single family, condominium -housing unit, mobile home. - 16 - 124 Exhibit I e. Terms, Recapture, Default: Emergency rehabilitation loans are deferred payment 10 -year loans secured by a mortgage and note. The repayment of funds awarded as an emergency rehabilitation loan is not required, except in cases where the assisted housing unit is sold, refinanced with cash -out prior to termination of the unit's affordable classification timeframe, or occupied by someone other than the original loan recipient. In cases where the unit is sold, refinanced with a cash -out, or occupied by someone else, the entire original loan amount and accumulated interest must be paid back. There will be a 0% simple interest rate for emergency rehabilitation loans. After 10 years, the original loan amount and accumulated interest will be forgiven. Program income funds will be deposited in the county's affordable housing trust fund. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income -eligible heir may assume the county SHIP loan as long as the home is utilized as the household's homesteaded property (rehabilitation loans in conjunction with CDBG funding will be forgiven upon the death of the homeowner). f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis as may be adjusted per the LHAP based on ranking priorities, subject to funding availability. Applicants will have the following verified to confirm eligibility and for record management and reporting: i. Emergency needs identified by a building official, health department, or SHIP administrator ii. Income First-time applicants will be given priority over previously assisted persons. Exceptions may be made for eligible property owners in cases where living conditions threaten the personal health and safety of the household. Property taxes must be current, and the property must not be in a foreclosure process. g. Other Emergency Rehabilitation Loan Requirements: The county's SHIP Program anticipates providing emergency rehabilitation loans to eligible, very low-income, low-income, and moderate -income households to fund all or a portion of the cost of emergency repair for existing single-family or condominium owner - occupied housing units. Emergency repair loans will not be awarded for repair work previously completed. All emergency repair work must be performed by licensed contractors. Applicants must first apply to their own home insurance for needed repairs. Emergency rehabilitation loans may be awarded, if needed, for repair work activities that are essential to make a house safe for habitation and/or to prevent further damage to the house. Emergency repair loans may not be awarded in combination with purchase assistance loan assistance. Emergency rehabilitations eligible for SHIP funding are limited to weatherization - 17 - 125 Exhibit I activities and repair activities to prevent further damage to the house. Weatherization refers to materials or measures and their installation, which are used to improve the thermal efficiency of a residence. SHIP funds may be provided for emergency repairs with at least two written licensed contractor estimates and an expedited approval process. The contractor with the lowest bid will be awarded the job. Emergency rehabilitation loans may be awarded for the following rehabilitation work activities. i. Roof repair/replacement when there is a recently active leak; the insurance company is requesting roof replacement to maintain insurance; and shoring activities to protect and stabilize the housing unit ii. Plumbing work found to be unsafe by a jurisdiction's building official or his designee iii. Electrical work found unsafe by a jurisdiction's building official or his designee iv. Repair/replacement of septic tank, lift station, drain field, or private well as required by the public health department, SHIP Administrator, or designee v. Demolition of unsafe structures as determined by the jurisdiction's building official vi. Mold and mildew remediation that is not covered by the homeowner's insurance vii. Payment of an applicant's homeowners insurance deductible in conjunction with a SHIP rehabilitation job when an applicant can get insurance funds for some of the needed work and it is determined by the SHIP administrator that it is in the best interest of the SHIP program and the applicant to pay for the insurance deductible For any other rehabilitation needs, the applicant may apply under regular rehabilitation loan assistance strategies. Emergency rehabilitation loan amounts shall be based upon the lowest written licensed contractor estimate for the scope of work, identifying all necessary repair work and the expected costs of the repair work. Once the contractor estimate is selected and the emergency repair loan amount, including contingencies, is established, no additional funds may be awarded. The contractor estimate must identify all potential costs (including building permit fees) to be encountered in completing the repair work. Change orders must be approved by the county. The applicant or his contractor must obtain a building permit from the corresponding jurisdictional Department of Health or Building Department for all repair activities. The funds for emergency rehabilitation loans of less than $5,000.00 shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department that all required repair activities for the eligible housing unit are completed. Funds for emergency rehabilitation loans of $5,000.00 or more may be delivered in individual draws, not to exceed three draws total, based upon the completion of individual components of the repair work and inspection by the corresponding jurisdictional Building Department or the local housing assistance program staff. Each partial draw, including the final draw of funds, shall not be less than $5,000, - 18 - 126 Exhibit I and it shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county - designated inspector that all required repair activities for the eligible housing unit are completed. No SHIP funds will be paid for any work completed prior to issuance of the county notice to proceed. Emergency rehabilitation loans may be leveraged with private funds, Community Development Block Grant (CDBG) funds, weatherization funds, HUD transitional housing funds, or other state and federal programs as appropriate. h. Additional Information: i. Geographic Area Emergency rehabilitation loans may be made anywhere in the county, including all municipalities located within the county. ii. Housing Unit Classification Emergency rehabilitation loans are only available for owner -occupied single-family homes, condominiums, and mobile homes. E. Disaster Mitigation Loans (Code #S) a. Summary of the Strategy: To fund all or a portion of the cost encountered for disaster -related repair of existing owner -occupied housing units to prevent further damage to the unit or to make it habitable with temporary repairs. This strategy shall be used in the event of a disaster declared by state or federal executive order. This strategy will be implemented only in the event of a disaster using any funds that have not yet been encumbered and/or additional disaster funds issued by the Florida Housing Finance Corporation. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 c. Income Categories to be Served: Very Low -Income Persons (not to exceed 50% of median income) Low -Income Persons (51 to 80% of the county's median income) Moderate -Income Persons (81 to 120% of median income) d. Maximum Award: The maximum monetary award for a disaster mitigation repair loan shall not exceed: Up to $30,000 per single family or a condominium -housing unit. e. Terms, Recapture, Default: - 19 - 127 Exhibit I Disaster mitigation repair loans are deferred payment 10 year loan secured by a mortgage and note. The repayment of funds awarded as a disaster mitigation repair loan is not required, except in cases where the assisted housing unit is sold, refinanced with a cash out prior to termination of the unit's affordable classification timeframe (10 years) or occupied by someone other than the original loan recipient. In cases where the unit is sold, refinanced with a cash out, or occupied by someone else, the entire original loan amount and accumulated interest must be paid back. There will be a 0% simple interest rate for disaster mitigation repair 10 year loans. After 10 years the entire loan amount and accumulated interest is forgiven. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income -eligible heir may assume the county SHIP loan as long as the home is utilized as the household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified, first served basis subject to funding availability. Applicants will be chosen per the following criteria: i. Disaster -related rehabilitation needs ii. Income Eligibility iii. Disability Status To expedite approval process, a Disaster Self Certification of Income Form may be utilized. g. Other Disaster Mitigation Repair Loan Requirements: The county's SHIP program anticipates providing disaster repair 10 year loans to eligible, very low income, low-income, and moderate income households to fund all or a portion of the cost of disaster repair for existing single-family or condominium owner occupied housing units. Disaster repair loans will not be awarded for repair work previously completed. All disaster repair work must be performed by licensed contractors. Disaster loans may not duplicate repairs that may be done by the resident's homeowners insurance, FEMA, and similar assistances. Disaster repair loans may be awarded if needed for repair work activities which are essential to make a house safe for habitation and/or to prevent further damage to the house. Disaster repair loans may not be awarded in combination with a purchase assistance loan. Disaster repair loans will be used in the event of a natural, state, or federally declared disaster. SHIP funds may be provided for disaster associated repairs with only one written licensed contractor estimate and expedited approval process. Disaster repair loans may be awarded only for rehabilitation work activities related to a declared emergency or disaster. Disaster repair loans may be awarded for the following rehabilitation work activities. - 20 - 128 Exhibit I i. Purchase of emergency supplies for eligible households to weatherproof damaged homes; ii. Interim repairs to avoid further damage; tree and debris removal required to make the individual housing habitable; iii. Construction of wells or repair of existing wells where public water is not available; iv. Payment of insurance deductibles for rehabilitation of homes covered under homeowner insurance and homeowner association policies; v. Repair or replacement of septic tanks damaged through a disaster; or vi. Other activities as proposed by the county and approved by Florida Housing Finance Corporation. For any other rehabilitation needs, the applicant may apply under regular rehabilitation loan assistance strategies. Disaster repair loan amounts shall be based upon a written licensed contractor estimate for the scope of work, identifying all necessary repair work and the expected costs of the repair work. The applicant shall choose a licensed contractor to complete the identified repair work. Once the contractor estimate is selected and the disaster repair loan amount including contingencies is established, no additional funds may be awarded. The contractor estimate must identify all potential costs (including building permit fees) to be encountered in completing the repair work. Change orders must be approved by the county. The applicant or his contractor must obtain a building permit from the corresponding jurisdictional Building Department for all repair activities. The funds for disaster repair 10 year loans of less than $5,000.00 shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector that all required repair activities for the eligible housing unit are completed. Funds for disaster repair 10 year loans of $5,000 or more may be delivered in individual draws, not to exceed three draws total, based upon the completion of individual components of the repair work and inspection by the corresponding jurisdictional Building Department and the county designated inspector or the local housing assistance program staff. Each partial draw including the final draw of funds shall not be less than $5,000.00 and it shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector that all required repair activities for the eligible housing unit are completed. No SHIP funds will be paid for any work completed prior to issuance of the county notice to proceed. Disaster repair loans may be leveraged with private funds, small city Community Development Block Grant (CDBG) funds, weatherization funds, HUD transitional housing funds, FEMA funds, or other state and federal programs as appropriate. - 21 - 129 Exhibit I h. Additional Information: i. Geographic Area Disaster repair loans may be made anywhere in the county, including all municipalities located within the county. ii. Housing Unit Classification Eligible housing units receiving disaster repair 10 year loans must be owner -occupied single-family, or condominium residences. Mobile homes are not eligible. F. Imgact Fee/Capacity Charge Loans (Code #8) a. SummaU of the Strategy: To assist income eligible persons with the cost of impact fees and/or water and sewer capacity charges for owner occupied housing units anywhere in Indian River County. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 c. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income). Low -Income Persons (between 51-80% of median income). Moderate -Income Persons (between 81-120% of median income) in conjunction with down payment/closing cost loans only. d. Maximum Award: The county provides loans for the actual amount of impact fees and capacity charges, not to exceed $20,000 per unit for the cost of impact fees and/or capacity charges. e. Terms, Recapture, Default: Impact fee/capacity charge loans are deferred payment 10 -year loans secured by a mortgage and note whereby repayment of the entire loan and accumulated interest will be forgiven after 10 years of occupancy. There will be 0% simple annual interest rate for impact fee/capacity charge loans. The repayment of funds awarded as an impact fee/capacity charges loan is not required, except in cases whereby the eligible housing unit is sold, occupied by someone other than the original loan recipient prior to termination of the unit's affordable classification timeframe, or refinanced with cash out prior to termination of the affordability timeframe. In these cases, repayment of the entire original loan amount and accumulated interest is - 22 - 130 Exhibit I required. Program income funds will be deposited in the county's affordable housing trust fund. In the event of the death of the homeowner, an income eligible heir may assume the county SHIP loan as long as the home is utilized as household's homesteaded property (rehabilitation loans in conjunction with CDBG funding will be forgiven upon death of homeowner). SHIP Deferred Payment Loans (DPL), in conjunction with CDBG funded projects, will be forgiven in 5 years or upon death of the homeowner, whichever comes first. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis subject to funding availability. Applicants will be chosen per the following criteria: i. Income Eligibility ii. Employment Verification iii. Asset Verification iv. Homebuyer Status V. Disability Status As needed, applicants may apply for a capacity charge loans when water or sewer service becomes available. First time applicants will be given priority over previously assisted persons. Exceptions may be made for eligible property owners in cases where living conditions threaten the personal health and safety of the household. Property taxes must be current and property must be free of code enforcement liens. g. Sponsor Selection Criteria: Non-profit organizations or for-profit developers may utilize this strategy only when the impact fee/capacity charge loan is a match for another housing program, such as the CDBG Program, Home Investments Partnership (HOME), Low Income Housing Tax Credit Program (LIHTC), State Apartment Incentive Loan Program (SAIL), Multi -Family Mortgage Revenue Bond Program, or other state and federal housing programs. Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program shall be selected according to the following criteria: i. Ability to proceed with the construction or rehabilitation activities and receive a certificate of occupancy within one year of the closing transaction date; ii. Number of units provided per year; iii. Ability to provide maximum leverage against SHIP funds; iv. The length of time the organization has been in Indian River County; - 23 - 131 Exhibit I v. Experience in the development of affordable housing; vi. The non-profit organization must be an entity with current 501(c)(3) tax-exempt status. h. Additional Information: i. Geographic Area Impact fee/capacity charge loans may be made anywhere in the county, including all municipalities located within the county; ii. Housing Unit Classification; All housing units shall be owner -occupied; and iii. Impact fee/capacity charge loans may be given in combination with purchase assistance or rehabilitation loans. G. New Construction Federal or State Programs Matching Loans (Code #21) a. Summary of the Strategy: To assist non-profit organizations, and for-profit developers with matching funds needed to obtain federal or state housing programs funding for development of rental affordable housing projects. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 C. Income Categories to be Served: Very Low -Income Persons (not to exceed 50% of median income) Low -Income Persons (51 to 80% of the county's median income) Moderate -Income Persons (81 to 120% of median income) d. Maximum Award: The maximum monetary award will be up to $100,000 for each LIHTC project or it is capped at a maximum of $25,000 per unit. These amounts may be administratively lowered by SHIP staff with Loan Review Committee approval if limited SHIP funds are available (due to a larger waiting/que list than funds available) and/or if a lower award amount will achieve the same point outcome for federal or state housing programs funding for development of rental affordable housing projects. e. Terms, Recapture, Default: The federal and state programs matching loans are Deferred Payment Loans (DPL). - 24 - 132 Exhibit I The county will sign agreements with developers for performance of the loan. This DPL is secured by a recorded subordinate mortgage and note. The entire loan amount and interest accumulated will be forgiven after 10 years of compliance with federal and State housing program requirements. The compliance period for developments receiving SHIP funds as a match for any state and/or federal funds will be consistent with applicable state and federal fund requirements for 10 years of affordability. Monitoring of these developments will be done through the appropriate state or federal programs. The repayment of funds awarded as a matching loan is not required as long as the project is constructed and meets the federal or state housing program requirements, except in cases where the assisted housing has changed to a market rate prior to expiration of the affordability period. In that case, the entire original loan amount is due and payable. There will be a 3% interest rate for matching loans. Recaptured funds will be deposited in the county's affordable housing trust fund. f. Sponsor Selection Criteria: Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program must submit a federal or state application to the appropriate agencies to qualify. Assistance will be provided to projects which receive an award of funds from a federal or state housing programs. Factors that may be considered in selecting the sponsor/developer may include, but is not limited to: 1. Capacity and Capability to Carry -out Project 2. Scale of Project/Utilization of Density Bonuses 3. Experience in Completing Similar Projects 4. Use of Personnel from Wages and Workforce Development Programs 5. Leveraging 6. Site Control 7. Neighborhood Compatibility with Area Redevelopment Plan 8. Creation of Mixed Income Communities 9. Recapture Provisions 10. Incorporation of Partnerships with Local Employers, Institutions, Hospitals and Schools 11. Incorporation of Transit -Oriented Design 12. Attractiveness of Design 13. Multistory Buildings Must Have Elevators and be ADA Compliant 14. Use of Green Building Techniques g. Additional Information: i. Developers receiving assistance from both SHIP and the Housing Tax Credit (LIHTC) program shall be required to comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from SHIP and other federal, State or local programs shall be required to comply with any requirements specified by the other program in addition to SHIP program requirements. In the event both programs have restrictions on the - 25 - 133 Exhibit I same issue, the more restrictive regulation shall take precedence. If one program is silent on an issue, the program with a regulation on the issue shall apply. 67-37.007(12) F.A.C.; ii. Geographic Area Matching loans may be made anywhere in the county, including all municipalities located within the county. iii. Housing Unit Classification Eligible housing units provided by federal or state housing funds may be rented or owner -occupied. H. Foreclosure Prevention (Code #7) a. Summary of the Strategy: To assist income -eligible applicants to prevent foreclosure. This is a one-time assistance only. Applicants requesting assistance must be able to prove that their financial situation is temporary and is due to a change in the family status, including but not limited to serious medical illness, divorce or separation, death in the family, unforeseen home repair bills, a reduction in the number of scheduled work hours, increased insurance premiums, increased homeowner's association fees or a job loss that was not the fault of the recipient. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 c. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income). Low -Income Persons (between 51-80% of median income). d. Maximum Award: The maximum award amount shall not exceed $8,000. e. Terms, Recapture, Default: Foreclosure Prevention loans are a deferred payment of 2 -year loans secured by a mortgage and note whereby repayment of the entire loan and accumulated interest will be forgiven after 2 years of occupancy. There will be a 0% simple annual interest rate for impact fee/capacity charge loans. The repayment of funds awarded as a foreclosure prevention loan is not required, except in cases whereby the eligible housing unit is sold, occupied by someone other than the original loan recipient prior to termination of the unit's affordable classification timeframe, or refinanced with cash out prior to termination of the affordability timeframe. In these cases, repayment of the entire original loan amount and accumulated interest is required. - 26 - 134 Exhibit I Program income funds will be deposited in the county's affordable housing trust fund. In the event of the death of the homeowner, an income -eligible heir may assume the county SHIP loan as long as the home is utilized as the household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis subject to funding availability. Applicants will be chosen per the following criteria: vi. Income Eligibility vii. Employment Verification viii. Asset Verification ix. Disability Status First-time applicants will be given priority over previously assisted persons. Property taxes must be current, and property must be free of code enforcement liens. g. Additional Information: 1. Property taxes and homeowner's insurance must be paid current unless these amounts were being escrowed as part of the mortgage payment. 2. The property shall have no other liens other than the first mortgage or previous SHIP, CDBG, or NSP liens. 3. No assistance will be provided to any property owner whose home is in the process of foreclosure or who has delinquent tax liens or other liens, with the exception of a previous SHIP, CDBG, or NSP lien against it. - 27 - 135 Exhibit E 67-37.005(1), F.A.C. 2023 RESOLUTION #:2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BYTHE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one- to three-year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.9075, F.S., it is found that 5 % of the local housing distribution plus 5 % of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 % of the local housing distribution plus 5% of program income deposited into the trust 136 Exhibit E 67-37.005(1), F.A.C. 2023 fund, except that small counties, as defined in s. 120.52(19) Florida Statutes, and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 % of program income for cidministrative costs. WHEREAS, the Planning and Development Services Department has prepared a three-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the Board of County Commissioners made a determination that it is in the best interest of Indian River County citizens to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds; and WHEREAS, this resolution replaces and supersedes resolution #2020-107, which was approved by the Board on December 1, 2020. NOW THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 1: The Board of County Commissioners of Indian River County hereby approves the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2023-2024, 2024-2025, 2025-2026. Section 2: The Planning and Development Services Director is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan and to do all things necessary and proper to carry out the terms and conditions of said program. 137 Exhibit E 67-37.005(1), F.A.C. 2023 Section 3: The County shall utilize up to 10% of the local housing distribution plus 5% of the program income deposited into the trust fund to administer the program. Section 4: This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner and seconded by Commissioner , and being put to a vote, the vote was as follows: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of February 2024. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Susan Adams, Chairman Ryan L. Butler, Deputy Clerk of Circuit Court and Comptroller ATTEST: BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: William K. DeBraal, County Attorney 138 Exhibit D 67-37.005(1), F.A.C. 2023 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government or Interlocal Entity: Indian River County, Florida Certifies that: (1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907- 420.9079, Florida Statutes. (2) All SHIP funds will be expended in a manner which will ensure that there will be no discrimination on the basis of race, color, national origin, sex, handicap, familial status, or religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government /interlocal entity will be unable to comply with any provision of the local housing assistance plan (LHAP). (6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a 139 Exhibit D 67-37.005(1), F.A.C. 2023 hyperlink shall be provided to Florida Housing by June 30 of the applicable year. (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S. shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. (14) Developers receiving assistance from both SHIP and the Low -Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) Loans shall be provided for periods not exceeding 30'years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for Miami -Dade County). Witness Witness Date OR Attest: Chief Elected Official or Designee Susan Adams, BCC Chairman Type Name and Title 2 (Seal) 140 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Parks, Recreation & Conservation Conservation Lands I CONSENT BCC Meeting February 20, 2024 Date: February 7, 2024 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Director of Parks, Recreation and Conservation From: Wendy Swindell, Conservation Lands Manager Subject: Project Closeout and Release of Retainage for Bid 2023021 — Replacement of Pontoon Boat Dock at the Environmental Learning Center BACKGROUND: On December 13, 2022, the Board approved the Fourth Modification to the Agreement with the Environmental Learning Center ("ELC") for the replacement of the Main Dock, including the rejection of bids received on July 15, 2022, as the prices exceeded the available funding. The fourth modification authorized the application for a Florida Inland Navigation District ("FIND") Waterway Assistance Program grant to make up the shortfall in funding for the project. New bids were solicited for the project, as the previous bids were only valid for 90 days. The County advertised Bid 2023021 on January 4, 2023. Indian River Docks, LLC submitted the lowest, responsive, responsible bid in the amount of $331,456.00. DESCRIPTION AND CONDITIONS: On September 26, 2023, the Board approved an agreement with Indian River Docks, LLC for the completion of the replacement of the pontoon boat dock in the amount of $321,456.00, with an additional $10,000.00 contingency, for a total contract price of $331,456.00. The ELC arranged for Coastal Tech — G.E.C, Inc. to provide construction administration services for this project. Coastal Tech inspected and approved the work completed according to the Agreement. The project has been completed and approved by the County Building Department. A change order to the agreement has been requested by the contractor to address the need for a safe transition between the reconstructed dock and the access road to the ELC. A concrete apron was permitted and constructed to provide a smooth walking transition. Additionally, the material for the top rail caps was augmented with additional material to provide increased structure and stability. The additional cost for the added concrete transition and materials for the rail caps was $6,600.00, bringing the total project cost to $328,056.00. The final cost of the project was less than the original budget by $3,400.00. 141 Indian River Docks, LLC is requesting final payment in the amount of $32,647.80. Pay application No. 5 includes final payment of $17,100.00, as well as the release of $15,547.80 in retainage. With the reduced budget, the final cost for the completion of the project was $328,056.00. FUNDING: Funding for the Environmental Learning Center Pontoon Boat Dock Replacement final pay will come from the Florida Boating Improvement Fund/Parks/ELC Main Dock Replacement account, number 13321072-066510-22013, in the amount of $17,100.00. Funding will be made available when the rollover budget amendment is completed in March. Funding for Environmental Learning Center Pontoon Boat Dock Replacement release of retainage is available in the Florida Boating Improvement Fund/Retainage — Indian River Docks account, number 133-206000-22013, in the amount of $15,547.80. Florida Boating Improvement Fund/Parks/ELC Main Dock 1 13321072-066510-220131 $17,100.00 Florida Boating Improvement Fund/Retainage — Indian River 133-206000-22013 $15,547.80 Docks Total Payment $32,647.80 RECOMMENDATION: Staff respectfully recommends approval of Change Order No. l for the Replacement of the Pontoon Boat Dock at the Environmental Learning Center, Bid 2023021. Staff also respectively recommends approval of Pay Application No. 5, in the amount of $32,647.80, to Indian River Docks, LLC, which will release any further obligations of the County from the Contractor. ATTACHMENT: Indian River Docks Pay Application No.5 Indian River Docks Change Order No. 1 APPROVED AGENDA ITEM FOR FEBRUARY 20, 2024 142 SECTION 00622 - Contractor's Application for Payment Replacement Pontoon Boat Dock at the Environmental Learning Center Application for Payment No. 5 For Work Accomplished through the period of 11/13/23 through 2/7/2024 To: Indian River County (OWNER) From: Indian River Docks, LLC (CONTRACTOR) Project No.: N/A FM No.: N/A Bid No.: 2023021 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 331,456.00 2. Net change by Change Orders and Written Amendments (+ or -): $ -3.400 3. Current Contract Price (1 plus 2): $ 328,056 4. Total completed and stored to date: $ 328,056 5. Retainage (per Agreement): 5% of completed Work: % of retainage: $ Total Retainage: $ 15,547.80 6. Total completed and stored to date less retainage (4 minus 5): $ 312,508.20 7. Less previous Application for Payments: $ 295,408.20 8. DUE THIS APPLICATION (6 MINUS 7): $ 17,100.00 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; Contractor's Application for Partial Payment - 06-09 rev - 00622 - 1 FAPurchasing\Bids\2022-2023 FY (2023000)\2023021 Replacement Pontoon Boat Dock at the Environmental Learning Center Re-Bid\Draft Docs\DIV 0_3_Contract Fo�s�,Z0210824 - 2 25.docx Page 2 of 5 2. Updated Construction Schedule per Specification Section 01310. Dated 9 — 7 (01MI TRAfCTOR — must be signed by an Officer of the Corporation) Print Name and Title STATE OF % d. o , COUNTY OF ",cwt KfQ e✓ Sworn to (or affirmed) and subscribed before me by means of Erphysicai presence or ❑ online notarization, this -7 day of �R 202�L, by acuse-annn (name of person making statement P-^-- (SignatiLA of Notary loblic - State of Florida) (Print, e, or Stamp Commissioned Name of Notary Public) who is personally known to me or ❑ who has produced as identification. EqW Jw*6.X Please remit payment to: Contractor's Nance: Indian River Docks, LLC Address: 481 Avocado Ave. Sebastian FL 32958 [The remainder of this page was left blank intentionally] Contractor's Application for Partial Payment - 06-09 rev - 00622 - 2 F APurchasing0ds12022-2023 FY (2023000)12023021 Replacement Pontoon Boat Dock at the EmAronmeMI learning Center Re-Bid0ratl Docs\)N 0- 3_Con"d F210824 2 ,docx O F O N 5LL m w a J O r a O y 0 o00000o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 00 N N O vovrod 000 h 49 N 0 0 0 0 w wile wF� aaa"<wo aaoaz�� Q�tO�IaPwC� awa�o� o � O O WW w F U a U z a x a O O O S S S S S O o Q J SS��SoS � `D vFi F F O N �o ds» N �O of c9 c -i o0 � wi J a y J f 69 69 N� b�9 69 ocy F o a Q O C a O � m J S o O o S 0 S 0 S O Q— O O r LD sv v C a N i r r F z Q 0 S S S S S S S O 2 OO O J Q O P O - vl h -b9 69 P P .t O N a O O J f Vi b9 b9 6 bN9 y O S r fu Ix O S S S S S S S S S O _ oo�d0000 �o o �o J O E Q V3 69 N 69 V3 p W S S O O O O O JJ JJ W U O O � O O O F O O V09 F FO _ N — ' Q P N9 vii 4NA I H f q O O m O V' o-• CO W Ri C O � O a K E PAGE e A z 00622-6 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT �/7 0-% The undersigned lienor, in consideration of the final payment in the amount of $i,�/ hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to (insert the name of contractor) on the job of Indian River County to the following described property: (description of property) DATED on �• 20 24J (year) . (Typed name of Lienor) By: (signature) 146 SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: Replacement Pontoon Boat Dock at the Environmental Learning Center BID NO: 2023021 STATE OFF)Oft COUNTY OF ,Tioll IIvAMIZ_ Personally before me the y�d,ersign officer, authorized by the laws of said state to administer oaths, comes _L Atf jr fIV395AJ who on oath says: That he is the CONTRACTOR whom Indian River County, Florida, a political subdivision of said state, did on the ! day of AM 1 20_J3�_, enter into a contract for the performance of certain work, more particularly described as follows: UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. Corft Wa Fled Cartlflcabon of Mewak - 01=21 F:SPurch8e1nMftV022-2023 fY (2023000Y23021 Replacement Pw teen Beat tock at #M r:ftVk nffWft Learning Ceo6r tie- WD alt DO -M 0-,3_Ccntread Fame - 20210824 - 20=44OAbaf[ 147 i t i I _ 4 i 5. The Work is complete and ready for final acceptance by the OWNER. i 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. (Corporate Seal) ) (Contractor) i By: STATEOF COUNTY OF T�cLon R, je r Sworn to (or affirmed) and suttscribed before me by means of,�'physical presence or online notarization; this day _;_�CPt.�- of 20�.. by l'✓ASov-, (name of person making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) dho is personally known to me or 0 who has produced as identification. ++END OFSECTION ++ Ctxdredoea Final Certification of the Work - 00832-2 F:1PurchasinglBids�2022-2023 FY (2023000)1202302' Replacement Pontoon Boat Dock at the Environmental Learning Center Re - I f Bid,Draft Docs101V 0_3_Contract Forms - 20210824 - 2022-04-25 docx i 148 EHA. BONDING COMPANY... POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS -BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively caped the "Companies") do hereby make, constitute and appoint, individually, Frank TuoxmD their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -fn -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. it is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power atltl:authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 8th day of December . 2022 •��'�����+torr• ��"""'` MERCHANTS BONDING COMPANY (MUTUAL) o•.p'C4aN.ti� `•a • ..•-` .. �' +� MERCHANTS NATIONAL BONDING, INC. �*�RQ�•� d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY -4j.- 2003-ADB : y STATE OF IOWA •rrr�xiasw•?•}.'R,rt� President COUNTY OF DALLAS ss. On this 8th day of December 2022 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing insVtimant are the Corporate Seals of the Companies. and that the said instrument was signed and sealed in behalf of the Companies by authority of Moir respects Boards of Directors. w3Y/f fi��atiar73/ + Notary Public (Expiration of notary's commission does net invalidate this instrument) I: William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.. do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, 1 have hereunto set my hand and affiaeetl the seal of the Companies on this 26th day of January 2024 �,�wtltlNAl y ., s: i t I t POA 0018 (10/22) i I I Change Order Form No. 1 DATE OF ISSUANCE: EFFECTIvE DATE: j OWNER: 11ft RNw County CONTRACTOR fan River Dock; LLC k Reulacetr20 e2MM Bag Dock gd-ft Envirorwrental Learning Center l OWNER's Prot No. WA OWNER's Bid No.:��� You are directed to make the following changes in the Contract Documents: Description: i i Reason for Change Order: Reduce the fore acxount, add a concttte sidewalk between dock and road, add aiuminurn T"bracket to guardrail t*, cep. i i Attachments: (Ust document supporting change) i I CHANGE IN CONTRACT PRICE: Ge Amount Original Contract Price $ Fina) 331,45$ Net Increase (Decrease) from $ previous Change Orders No. ,_,_,to 0 C * *aet Price prior to this $ Change Order: Contrail Time prior to this Change 321,456 Net increase (decrease) of the $ Change Order: -3.400 Contract Price with all approved $ Change Orders: 328,056 C IMC ' T Ge ,"fie. Original tcnbFaci Tittle: Snttsi Gam: (days or dates) Fina) Not change frarm previous Change Orders Na... to (days) Suf,etensel Completion: Final Contrail Time prior to this Change Order: (days or dates) Substantial Completion: Final Completion: Net increase (decrease) this Change Order. (days or dates) Substantial Completion: k Finan Com . : Contract Time with alt approti d Change Orders: (dew or Vis) Substantial Completion: Final Com 2024, 9:05 AM Govemment Permitting Software - Land Management and More View Permit (https:/1... Indian River 255 LIVE OAK Project 07-11 bd36- ELC Dock 2023050506 DR VERO DK DOCK Closed/Co... 2023 45eb- County BEACH FL 32963 9554- 45671... View Permit 1029 W (https://... LAKEVIEW DR Project 03-24 507e- Sebastian Sadler 23-1181 SEBASTIAN FL DOCK Closed/Co. .. 2023 4acf- 32958 ad73- 4356c5... View Permit (haps://... Indian River 6 TARPON DR Project Q9- cf79- 2022080592 VERO BEACH FL DK DOCK Closed/Co... 202.2 County 466d - 32960 b4d8- 2e8c99... View Permit (https://... 13555 83RD AV 11-10 27ad- Indian River Greenaway 2014110017 SEBASTIAN FL DK DOCK Permit Issued County 2021 40eb- 32958 8767- Oe6dal ... View Permit (haps://.., 7950145TH ST 01-f)1 c{ec- Indian River 2023061094 SEBASTIAN FL DK DOCK APPLY' County 0001 4655- 32958 a l ca- df9601... View Permit (https://... 8216 96TH AVE Pending 01-01 566d_ Indian River 2023-11- VERO BEACH FL detached garage (Under 4d4d- County 7265 32967 Review) 001)1 al2c- cc1a66... 152 hws:/Jwww.mvoovemmentontine.om/dashboard/ 5/8 2024. 9:04 AM mygovernmentonline.org/PrintPermitinspections.aspx?UserToken=28b39a92-6505-46es-a4d8.d9ftd538407b&Proiecw*,il45705 { i 2023050506 Indian River County is Customer Pinson , Christopher, Mathew 255 LIVE OAK DR VERO BEACH FL (772)473-1337 Address 255 LIVE OAK DR VERO BEACH FL 32963 2W24, 9:04 AM mygovemmento**.org/PtintRermitinspedm*Aspx?UwToken=28b 82-65I a ProjectsD=I146746 Work Order/Inspection Details Work Order ID Scheduled Date Inspection Type Inspection Status Inspector Inspection Date 25115951 08/30/2023 Piling In Progress (C) Approved Don Inman 08/30/2023 Comments: No Comments Supplied 25115933 08/30/2023 Piling In Progress (C) Approved Dan Inman 08/30/2023 Comments: No Comments Supplied 258112900 12/15/2023 Electric Rough (C) Viol - Yellow Tag (No Fee) Bobby Smith 12/15/2023 Panel needs to be labeled as to where 4 is. fed from 40g.4(8) ... ....8ireaker laming las faded. Comments: Please label breakers in a more durable wary 406.4(A) ........ C,FI requit*d for feeders 555.3 25811295 12/15/2423 Framing (C) Approved Shown Doutrich 12/15/2023 Comments: No Comments Supplied 25811306 12/15/2023 Plumbing Rough (Top Out) (C) Viol - Yellow Tag (No Fee) Shawn Doutrich 12/15/2023 No plumbing subcontractor affidavit on file, white checking for plumbing I also,didnot see Comments: electrical subcontractor affidavit on file IRC Code of Ordinances 400. 1, ok to,sign off on plumbing when sub affidavit is on file. 25826651 12/20/2023 Electric Rough (C) Approved Bobby Smith 12/20/2023 Comments: No Comments Supplied 25826656 12/21/2023 Building Final (Structural Orgy) (C) Viol - Yellow Tag (No Fee) Shawn Doutrith 12/21/2023 i Need plumbing and electrical subcontractor affidavit on file before final inspection no inspection Comments: done.IRC Code of Ordinances 400.1 25888628 01/08/2024 Electric Rough (C) Cancel Inspection Bobby Smith 01/08/2024 Sorry about missing this on prior inspection. But still do not have a record that I can see of Comments: electrical sub contractor affidavit on file 25926545 01/18/2024 Plumbing Rough (Top Out) (C) Cancelled Not Assigned - Comments: No Comments Supplied 25926542 41/18/2024 Electric Rough (C) Approved Bobby Smith 01/18/2024 Comments: No Comments Supplied 25926548 01/19/2024 Building Final (Structural Only) (C) Approved Shawn Doutrich 01/19%2024 Comments: No Comments Supplied 25936925 01/19/2024 Plumbing Rough (Top Out) (C) Approved Shawn Doutrich 01/19/2024 Comments: No Comments Supplied The information included in this report is also available at 154 httas:/lwww.mvoovemmentonline.orq/PrintPermitinsoections.asox?UserToken=28b39ai92-6546-46ea-a4d8-d98cd5384O7b&Proiedi0=#1457465 2.2 Y� INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 8, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Rejection of Bids Received for Sandridge Golf Club New Clubhouse (Bid 2024029) BACKGROUND: On October 1, 2021, the Board approved an agreement with Sun Patric Architecture, Inc., DBA Sparcdesign for architectural and engineering design services for a new clubhouse at Sandridge Golf Club. The architect's work included development of a master plan with County staff, and subsequent completion of design and bid documents. The design, as bid, was for an 18,000 square -foot facility, replacing the existing clubhouse, which was built in 1992. The new facility would include an administration office, golf pro shop, restaurant with commercial kitchen, locker rooms, and indoor/outdoor banquet hall to support the many tournaments and events the current facility cannot sufficiently support. The design also included a small turn building between the 9th holes on the Dunes and Lakes courses, and renovations to the parking lot. A non -mandatory pre-bid meeting was held on January 12, 2024, with seven firms identifying themselves as a prime contractor in attendance. During the open period for bids, questions were received relating to the budget for the work. Staff explained the current budget had $5 million allocated for construction, but various options would be considered to reduce the overall cost of the project, such as value engineering with the awarded contractor, and owner direct purchase of materials to save the cost of sales tax. An addendum to the bid documents was later issued, deleting the appliances for the commercial kitchen from the items the contractor was to provide. BID RESULTS: Advertising Date: Bid Opening Date: DemandStar Broadcast to: Bid Documents Requested by: Replies: December 17, 2023 February 8, 2024 682 Subscribers 5o Firms 3 Firms 155 Bidder's Name Location Total Base Bid Proctor Construction, LLC Vero Beach $14,670,444.26 Di Pompeo Construction Fort Pierce $15,777,000.00 Corporation Non-responsive (did not provide W&J Construction Rockledge required construction schedule). Total bid not announced. DISCUSSION: As compared, the three bids received (including the non-responsive bid) were very similar in pricing for each line item, with the only significant outlier being mobilization in the highest bid. Elimination of the turn building from the scope would only yield a $500,000- $600,00o savings. The significant variance between the budgeted amount and the received base bids, which exclude furniture, pro shop displays, and kitchen equipment, leave the project unfeasible, as designed and bid. Therefore, staff recommends the Board reject the bids received, and direct staff to re-evaluate the design, and determine the best path forward to provide the necessary enhancements to patron amenities needed. This may include discussions with Sparcdesign for modifications to the overall design, or an entirely new approach to meet the primary need for sufficient dining and banquet space for the many events hosted at the club each year. A rejection of the bids will keep the received bids exempt from public records for a period of one year. FUNDING• There is no cost associated with rejecting the bids. The total master planning and design fees authorized by the Board to Sparcdesign is $728,5oi.6o, with $643,346.01 spent and $85,155.59 remaining available, as of the January 2024 billing. No additional costs will be authorized to Sparcdesign without prior Board approval. If additional costs are incurred, funding will come from Account No. 418- 169000-21018, Sandridge/Clubhouse/Event Space. Description Account Number Amount Sandridge/Clubhouse/Event Space 418-169000-21018 $85,155.59 RECOMMENDATION: Staff recommends the Board reject the bids received in response to invitation to bid 2024029, and authorize staff to commence discussions to redesign the project. 156 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: February 2, 2024 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 No. 2 to Work Order No. 14 to Bowman Consulting Group, LTD. North County WWTF 24" Force Main Replacement IRCDUS Project ID 21.23.503 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 the main force main carrying wastewater from Indian River County's north wastewater service area directly to lift station 203, then pumped to the IRCDUS Central Wastewater Treatment Facility (CWWTF). The pipeline is significantly corroded, and it has been 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. The project to replace the 24 -inch force main is being done on an expedited schedule due to the high financial risk of failure. During the design phase, 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). Design is nearing completion. On February 21, 2023, the Board of County Commissioners (BCC) approved Work Order (WO) No. 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 for replacement of the 24 -inch force main. WO No. 14 was executed under Bowman's CCNA 2018 contract, renewed, and extended in 2021. On October 17, 2023, the BCC approved Amendment No. 1 to WO No. 14 for Bowman to provide additional design services to change the alignment of the North County 24 -inch force main in the amount not -to - exceed in $20,296.34, bringing the total cost to $108,526.34. Page 1 of 2 157 Consent Item Discussion: The original design contained significant horizontal directional drilling. However, this method of force main installation was changed to include more open cut installation. During the design phase, it was determined that a temporary construction -stabilized accessway would be beneficial for construction, allowing for more regulation for the control of erosion created by vehicular trafficking that open cut installation creates. During a recent tortoise survey, it was discovered that tortoise burrows were located on a portion of the Waste Management property near the proposed force main. This area was not included in previous surveys. Due to the proximity of the tortoise burrows, there is a need to determine the number and location of the tortoises in the work area. Bowman provided the attached WO 14 Amendment 2 for $1,320.00 for additional tortoise survey. This will bring the total for Work Order No. 14 to $109,846.34. Funding: Expenses, in the amount of $ 1,320.00, for Work Order No. 14 Amendment 2 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 the fund balance. Operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/WIP/NWWTF 24" FM Replacement 471-169000-23503 $1,320.00 Recommendation: Staff recommends the Board of County Commissioners approve Amendment No. 2 to Work Order 14 to Bowman Consulting Group, LTD., in the amount of $ 1,320.00, for additional tortoise survey and authorize the Chair to execute the same. So long as there are no changes in the dollar amount under the amount approved, upon adequate completion of the work set forth in the work order, staff is directed to make final payments to Bowman Consulting Group, LTD., after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: • Amendment No. 2 To Work Order No. 14 -Bowman Page 2 of 2 158 AMENDMENT 2 TO WORK ORDER 14 North County WWTF 24" Force Main Replacement This Amendment 2 to Work Order Number 14 is entered into as of this day of , 2024, 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 as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS By: Prin Name: John M. Boyer, P.E. Title: Senior Proiect Manager OF INDIAN RIVER COUNTY By: Susan Adams, 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 K. Keith Jackman, Assistant County Attorney 159 Work Order 14 Amendment 2 EXHIBIT A SCOPE OF WORK, FEES, AND SCHEDULE PID # 21.23.503 SCOPE OF WORK Task 10a — Additional Tortoise Survey Bowman will provide a gopher tortoise survey of 100% of on-site suitable tortoise habitat in the vicinity of the proposed temporary construction access on the Waste Management site. This area was not included in previous surveys, and tortoise burrows were noted during a recent site visit. 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 any additional FWC application fees. Jurisdictional agency fees will be invoiced by that agency directly to the County. FEE SCHEDULE Bowman will provide the services described above for the following lump sum fees: Task 10a — Additional Tortoise Survey $ 1,320.00 TIME SCHEDULE This Task Order shall commence upon Notice to Proceed (NTP) with the work to be completed within 45 days. 160 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: February 2, 2024 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 No. 1 to Work Order No. 5 to Masteller & Moler, Inc. for Spoonbill Marsh River Intake Station Access Road & Electric Power IRCDUS Project ID 12.24.501 Background: Spoonbill Marsh is a 69 -acre, man-made wetland operated by Indian River County within an easement on lands owned by Grand Harbor North Lands, LLC. It is located just east of the US Highway 1 and 53`d Street intersection. Spoonbill Marsh filters brine solution, a salt -heavy byproduct from the County's North Water Treatment plant. This demineralized by-product is filtered through palms and mangroves, cleaning the brine before it enters the Indian River Lagoon. Water from the Indian River Lagoon is pumped into the Spoonbill Marsh wetland system by a pump station located on the property. In October 2023, the electrical conduit supplying power to Spoonbill Marsh's pump station failed. As a result, the pump station has been relying on power from a generator. Indian River County Department of Utility Services (IRCDUS) is undertaking a project to replace the electric power cable to restore permanent power to the pump station. IRCDUS also seeks to raise the access roadway to the pump station to provide more stabilization and reduce the likelihood of wetland impacts, while incorporating the new electric power cable for construction cost savings. On November 30, 2023, Work Order (WO) No. 5 based on time and materials (T&M) was executed, authorizing Masteller & Moler (M&M) to perform engineering services to immediately commence initial design activities. Work authorized under WO No. S is nearing completion, and IRCDUS seeks to authorize M&M to complete civil engineering and related subconsultant services associated with design and permitting of the proposed access roadway and electric power. Analysis: Upon request by IRCDUS staff, M&M prepared the attached Amendment No. 1 to WO No. 5 to provide engineering, design, environmental, and construction phase services for the Spoonbill Marsh River Intake 161 Consent Item Station. The work is proposed to be completed in two phases. Phase 1 will include construction of a new electric power system forthe pump station. Phase 2 will involve upgradingthe existing maintenance roadway leading to the intake pumping facility. The amount of Amendment No. 1 to WO No. 5 is $87,710.00. Funding: Expenses, in the amount of $87,710.00, for Amendment No. 1 to WO No. 5 will be recorded in the operating capital account, Utilities/WIP/Spoonbill Pumps Access Rd and Power Cable, number 471-169000-24501. Since this is an operating capital project, the funds will come from the fund balance. Operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/WIP/Spoonbill Pumps Access Rd and Power Cable 471-169000-24501 $87,710.00 Recommendation: Staff recommends that the Board of County Commissioners approve Amendment No. 1 to Work Order No. 5 to Masteller & Moler to provide Engineering, Design, Environmental, and Construction Phase services for the Spoonbill Marsh River Intake Station Access Road & Electric Power Project in the amount of $87,710.00 and authorize the Chair to execute the same. So long as there are no changes in the dollar amount under the amount approved, upon adequate completion of the work set forth in the work order, staff is directed to make final payments to Masteller & Moler, Inc., after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: • Masteller & Moler Amendment No. 1 to Work Order No. 5 162 2023015 — Continuing Consulting Engineering Services AMENDMENT TO WORK ORDER FOR SPOONBILL MARSH RIVER INTAKE STATION ACCESS ROAD & ELECTRIC POWER (Project Name) This Amendment 1 to Work Order Number 5 is entered into as of ,pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MASTELLER & MOLER, INC. ("Consultant"). i. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 5 , with an Effective Date of November 30, 2023. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Modification to Scope of Work), attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant within the timeframe set forth in the Work Order, or as amended in Exhibit A, 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 modified as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above. CONS1 By: Print Name: Stephen E. Moler, PE Title: President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Susan Adams, Chairman BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Scope, thresholds and amendment number confirmed by: John A. Titkanich, Jr., County Administrator K. Keith Jackman, Assistant County Attorney Purchasing 163 M J MASTELLER & MOLER, INC. M, ~ CIVIL ENGINEERS EXHIBIT A 1655 2711 Street, Ste. 2, Vero Beach, FL 32960 (772) 567-5300 Masteller & Moler, Inc. is pleased to present the Indian River County Department of Utilities Services (IRCDUS) with this Work Order which provides for performance of civil engineering and related subconsultant services associated with the design and permitting for the following proposed work: Phase 1: Installation of a replacement Electric Services for the Spoonbill Marsh Demineralized Concentrate Treatment Facility Raw Water Pumping Station; and Phase 2: Upgrade the existing unpaved access maintenance roadway leading to the Raw Water Pumping Station. Project Description: The Project will involve two (2) phases of Design, Permitting & Construction. Phase 1 will include the construction of a new electrical power system to the existing Spoonbill Marsh Intake Pumping Facility to replace the wiring, which has been determined to be in failure mode. Phase 2 will involve upgrading the existing maintenance roadway leading to the intake pumping facility to a higher elevation. The work is proposed to be completed on lands owned by Grand Harbor North Lands LLC (GHNL). It shall be the County's responsibility to obtain, if required, authorization from GHNL for performance of the work. It is acknowledged the Consultant has a contractual relationship with GHNL as related to the ongoing Spoonbill Preserve residential development project. Consultant's services do not include any negotiations with GHNL on behalf of the County as related to this work authorization. Specifically, Masteller & Moler, Inc. and its subconsultants propose to perform the following scope of services: Scope of Work: Phase 1: New Electric Power Service Task 1A — Civil Engineering Design & Preparation of Construction Plans: Consultant shall design and prepare Civil Construction Plans for the installation of a new electric power system to the Spoonbill Marsh Intake Pumping Facility from the existing transformer to the Intake Pumping Facility's control panel. As a result of previous work completed on this project, it has been determined the route of the new direct buried power system shall generally follow the southern edge of the existing unpaved maintenance road. The Construction Plans will also depict the expected temporary impacts of wetlands that will occur as a result of the proposed new electric power installation. Page 1 of 11 164 M J MASTELLER & MOLER, INC. 165527 1h Street, Ste. 2, Vero Beach, FL 32960 M-1 — CIVIL ENGINEERS — (772) 567-5300 Task 1B — Electrical Engineering Services (by C&W Engineering, Inc.): , I Consultant shall provide for Electrical Engineering Services to be performed by C&W Engineering Inc. to include the following services: A. Use accurate updated Route Survey as the basis for modifying previously completed electrical wiring and conduit design / construction plans for a new direct buried electrical system from the existing transformer to the intake pumping facility to be consistent with site civil engineering plans along with a riser diagram, installation details, and electrical plans; B. The drawing documents will include equipment specification and installation means and methods presented as notes to the drawings to assure compliance with applicable electric codes. C. The drawing design documents electrical riser diagram will show existing equipment and 480V service, the proposed new power 480V, 3 phase feeder, and the existing Spoonbill pump station control panel and termination information inside the control panel; no modifications are being provided. Task 1C — Environmental Services (by Atlantic Environmental of Florida) FDEP / SJRWMD Environmental Resource Permittine: It is anticipated the Phase 1 construction work will result in "Temporary' wetland impacts only. Consultant shall provide for the required Environmental Services to be performed by subconsultant Atlantic Environmental of Florida, LLC to include the following services: A. UMAM Analysis (IF REQUIRED) or Development of Restoration Plan of Temporary Impacts: Based on the site inspections and coordination with the FDEP, Atlantic Environmental will develop a Unified Mitigation Assessment Methodology (UMAM) analysis for expected Temporary wetland impacts that will occur as a result of the installation of the new buried electrical system. If no mitigation required, Atlantic Environmental will develop restoration plan of temporary impacts. B. Development of Mitigation Plan (IF REQUIRED): Atlantic Environmental will coordinate with IRC Staff, project engineer, and FDEP to develop a mitigation plan for the Temporary wetland impacts including conducting meetings with these agencies and IRC/engineer. C. Site Meeting: Atlantic Environmental will conduct, if required, an on-site meeting at both the project site with the FDEP to allow their assessment of the project and mitigation project, as well as the completion of the UMAM Analysis. D. ERP Application: Based on information obtained from the regulatory agencies and the client, Atlantic Environmental will develop the environmental portion of the Environmental Resource Permit (ERP) Application, including all necessary forms, narratives, mitigation plan, maps, tables, and UMAM data sheets for the temporary wetland impacts. Page 2 of 11 165 M J MASTELLER & MOLER, INC. M1 -- CIVIL ENGINEERS 165527 1h Street, Ste. 2, Vero Beach, FL 32960 I (772) 567-5300 E. Submittal of RAI Responses: Atlantic Environmental will prepare the environmental responses to 2 FDEP RAls, including, but not limited to, narrative descriptions of impacts and proposed mitigation, site plan, associated environmental maps and figures, and, monitoring plan and schedule. Atlantic Environmental will coordinate with IRC Staff, the project engineer, and FDEP to obtain all information necessary for the completion of the responses. F. Coordination: Complete necessary coordination between IRC Staff, the project engineer, and remaining project team in order to speed permitting process and avoid costly time delays. USACE Environmental Permitting: G. UMAM Analysis (IF REQUIRED) or Development of Restoration Plan of Temporary Impacts: Based on the site inspections and coordination with the USACE, Atlantic Environmental will develop a UMAM analysis for the expected Temporary wetland impacts associated with the installation of the new buried electrical power system. If no mitigation is required, Atlantic Environmental will develop a restoration plan of temporary impacts. H. Development of Mitigation Plan (IF REQUIRED): Atlantic Environmental will coordinate with IRC Staff, project engineer, and USACE to develop a mitigation plan for the temporary wetland impacts including conducting meetings with these agencies and IRC/engineer. I. Site Meeting: Atlantic Environmental will conduct, if required, an on-site meeting at the project site with USACE to allow their assessment of the project, as well as the completion of the UMAM Analysis. J. Application: Based on information obtained from the regulatory agencies and the client, Atlantic Environmental will prepare the environmental portions of the necessary USACE Permit Application(s), including all necessary forms, narratives, mitigation plans, maps, tables, and UMAM data sheets. K. Submittal of RAI Responses: Atlantic Environmental will prepare the environmental responses to 2 USACE RAls, including, but not limited to, narrative descriptions of impacts and proposed mitigation, site plan, associated environmental maps and figures, and, monitoring plan and schedule. Atlantic Environmental will coordinate with IRC Staff, the project engineer, and USACE to obtain all information necessary for the completion of the responses. L. Coordination: Complete necessary coordination between IRC Staff, the project engineer, and remaining project team in order to speed permitting process and avoid costly time delays. Task 1D — Soils Investigation (by KSM Engineering & Testing) We shall acquire soil borings along the intended route of the new buried electric power supply to obtain the type of soils conditions for use by the selected underground utility contractor for the project. Consultant shall provide for the required Geotechnical Engineering Services to be performed by subconsultant KSM Engineering & Testing to include the following services in accordance with the Industry Standard of Care and the current Florida Building Code: Page 3 of 11 166 M ) MASTELLER & MOLER, INC. M-1 _ CIVIL ENGINEERS — 165527 1h Street, Ste. 2, Vero Beach, FL 3296D (772) 567-5300 A. Perform five (5) borings to a depth up to 4' in accordance with ASTM D1452 along the south side of the maintenance route. B. Upon completing the required borings, a geotechnical report covering the investigation including the boring logs illustrating the soil classification, thickness of each layer, groundwater depth along with KSM's conclusions pertaining to the existing water table and the ability of onsite soils, in the locations tested to be suitable for the installation of the proposed utility line. Task 1E — Construction Procurement Assistance It is understood the County intends to directly select a Utility Contractor through its procurement process for performance of the work rather than through a public bidding process. Consultant shall coordinate with the County Purchasing Department to allow for the Phase 1 construction work to be contracted through the County's procurement process. Task 1F — Construction Services (Electrical) Consultant shall provide for Electrical Engineering Services to be performed by C&W Engineering Inc. to include the following services: A. Attend a pre -construction meeting. B. Provide conformed drawings. C. Review material and equipment shop drawings. D. Provide two field visits during construction, including one to inspect progress and to witness the cable splicing using approved means as indicated on Contract Documents. E. Provide response to Contractor RFIs; we anticipate two (2). F. Attend a startup and testing phase after substantial completion is done to confirm installation of equipment, witness tests results and see underground feeder and existing pump station operational with no issues. We will provide a punch list for the Contractor to complete. Task 1G — Construction Services (Civil) Shop Drawing Review /Pre -Construction Meeting: We shall review all shop drawings and submittals for site civil construction. We will coordinate with the Contractor and his sub -contractors and Indian River County Utilities Personnel to set up the required pre -construction meeting. The "pre -con" provides an opportunity for the County to offer instructions regarding areas of special concern and to describe the construction inspection and project completion procedures. On -Site Construction Observation: During construction of the site improvements by the Contractor, we shall perform sufficient construction observation at our discretion on an as - Page 4 of 11 167 M J MASTELLER & MOLER, INC. M1 ~ CIVIL ENGINEERS 1655 27" St , Ste. 2, Vero Beach, FL 32960 (772)567-5300 needed basis such that we can certify the construction of the completed civil work. Formal inspections require forty-eight (48) hours' notice prior to procedure. Full-time resident construction observation is not required and therefore not included. Our proposal for performance of these services is not based on meeting Indian River County Utilities Permit Conditions which generally states: "The Engineer -of -Record (EOR) shall have an on-site representative (inspector) whom shall witness and document all materials used, installation procedures, problems encountered and all tests specified by the Operation Permit Checklist. Daily construction reports shall be submitted not less than monthly to IRCDUS. The daily reports shall be signed and sealed by the EOR. The daily construction reports shall be submitted to IRCDUS no later than seven days after completion of that portion of the construction requiring clearance. Indian River County has unconditional rights to inspect the construction and materials at any time." As -Built Review: Upon completion of construction, Masteller & Moler, Inc. must be provided with As -Built surveys to confirm proper horizontal and vertical alignment of constructed electrical systems. The As -Built survey is typically provided by the Contractor's Surveyor (licensed in the State of Florida) and must be provided in AutoCAD format, black line, and mylar with reference to State Plane Coordinates as required by Indian River County. While reviewing the as -built survey, we shall conduct an initial walk-through and develop a punchlist of construction deficiencies. The punchlist shall be provided to the Contractor and the client. Once the contractor has satisfactorily corrected the punchlist items and we are confident that the site has been constructed in compliance with the permit approvals, and we are provided with all required information, we shall submit a Certification of Construction Completion to Indian River County and request final inspection. In the event the County prepares a punchlist, we will provide said punchlist to the Contractor in order that the items may be addressed. Once the County's punchlist has been resolved to our satisfaction, we shall notify the County that the site is ready for re -inspection. This task shall also include our inspector's attendance of progress meetings and assistance during the Construction Completion process. Required certifications shall be prepared and submitted as described herein. Pay Request Review: We shall also review contractor's partial payment requests and provide a certification each partial payment / final payment request accurately reflects completed work. The As -built survey is not included in our fees. Daily and Periodic inspections of erosion control devices and reports required by the NPDES General Permit are the Responsibility of the Contractor and are not included in this proposal. Page 5 of 11 168 M J MASTELLER & MOLER, INC. M 1 _ CIVIL ENGINEERS — 165527 1h Street, Ste. 2, Vero Beach, FL 32960 (772) 567-5300 Engineering Certifications: Upon completion of civil construction work and review of As -Built and Testing results to confirm proper construction, we shall prepare Engineering Certifications to be submitted to the following agencies: 1. IRC Department of Utility Services; 2. Florida DEP Temporary Wetlands Impact Restoration Certification 3. ACOE Temporary Wetlands Impact Restoration Certification Our submittal of certifications assumes that all civil work will be properly constructed and tested prior to submittal of the Engineering Certifications and request to place systems into operation. Phase 2 — Unpaved Maintenance Road Upgrade Task 2A — Civil Engineering Design & Construction Plans Consultant shall design and prepare Construction Plans for the upgrade of the existing unpaved maintenance roadway from the vicinity of the Spoonbill Marsh Florida Power & Light Transformer to the Intake Pumping Facility. It is intended to have roadway remain unpaved, however, be designed to be raised to a minimum elevation of 3.0' NAVD88. The Construction Plans will include the estimated limits of permanent wetlands impacts. Due to the fact the upgraded roadway will remain unpaved with a similar surface, has limited use, and there will be no increase in impervious surfaces, the Construction Plans will not be supported by any stormwater computations. As the scope of the work to upgrade the existing roadway is considered a maintenance upgrade, we have not included any scope of services related to obtaining a permit associated with the treatment and attenuation of the runoff from the roadwav as runoff conditions will not be substantially altered. Task 213 — Environmental Services It is anticipated the Phase 2 construction work will result in "Permanent" wetland impacts for which mitigation will be required. Consultant shall provide for the required Environmental Services to be performed by subconsultant Atlantic Environmental of Florida, LLC to include the following services: • FDEP / SJRWMD Environmental Resource Permitting (by Atlantic Environmental of Florida): A. UMAM Analysis (IF REQUIRED): Based on the site inspections and coordination with the FDEP, Atlantic Environmental will develop a Unified Mitigation Assessment Methodology (UMAM) analysis for any wetland impact allowing the Functional Loss that will occur to the wetlands as a result of the project. In addition, Atlantic Environmental will develop a wetland mitigation strategy that will provide sufficient Relative Functional Gain to offset the calculated Functional Loss. The UMAM analysis will be generated for a mitigation Page 6 of 11 169 M J MASTELLER & MOLER, INC. 165527 1h Street, Ste. 2, Vero Beach, FL 32960 MI —CIVIL ENGINEERS— (772) 567-5300 alternative that most successfully balances cost effectiveness, viability, and permittability. B. Development of Mitigation Plan (IF REQUIRED): Atlantic Environmental will coordinate with IRC Staff, project engineer, and FDEP to develop a mitigation plan to compensate for proposed wetland impacts, conduct meetings with these agencies and IRC/engineer, and establish the proposed mitigation plan. C. Site Meeting: Atlantic Environmental will conduct an on-site meeting at both the project site and, if required, the mitigation site with FDEP to allow their assessment of the project and mitigation project, as well as the completion of the UMAM Analysis. D. ERP Application: Based on information obtained from the regulatory agencies and the client, Atlantic Environmental will develop the environmental portion of the Environmental Resource Permit (ERP) Application, including all necessary forms, narratives, mitigation plan, maps, tables, and UMAM data sheets. E. Submittal of RAI Responses: Atlantic Environmental will prepare the environmental responses to 2 FDEP RAls, including, but not limited to, narrative descriptions of impacts and proposed mitigation, site plan, associated environmental maps and figures, and, monitoring plan and schedule. Atlantic Environmental will coordinate with IRC Staff, the project engineer, and FDEP to obtain all information necessary for the completion of the responses. F. Coordination: Complete necessary coordination between IRC Staff, the project engineer, and remaining project team in order to speed permitting process and avoid costly time delays. G. Negotiation: Due to limited space and the fact the County does not own the subject lands, we have assumed the mitigation plan will consist of a negotiated payment to a mitigation bank. • USACE Environmental Permitting (by Atlantic Environmental of Florida): H. UMAM Analysis (IF REQUIRED): Based on the site inspections and coordination with the USACE, Atlantic Environmental will develop a UMAM analysis for any wetland impact allowing the Functional Loss that will occur to the wetlands as a result of the project. In addition, Atlantic Environmental will develop a wetland mitigation strategy that will provide sufficient Relative Functional Gain to offset the calculated Functional Loss. The UMAM analysis will be generated for a mitigation alternative that most successfully balances cost effectiveness, viability, and permittability. I. Development of Mitigation Plan (IF REQUIRED): Atlantic Environmental will coordinate with IRC Staff, project engineer, and USACE to develop a mitigation plan to compensate for proposed wetland/SAV impacts, conduct meetings with these agencies and IRC/engineer, and establish the proposed mitigation plan. Page 7 of 11 1.70 MJ MASTELLER & MOLER, INC. 0 — CIVIL ENGINEERS 1655 27" Ste. 2, Vero Beach, FL 32960 (772) 567-5300 J. Site Meeting: Atlantic Environmental will conduct an on-site meeting at both the project site and, if required, the mitigation site with USACE to allow their assessment of the project and mitigation project, as well as the completion of the UMAM Analysis. K. Application: Based on information obtained from the regulatory agencies and the client, Atlantic Environmental will develop the environmental portions of the necessary USACE Permit Application(s), including all necessary forms, narratives, mitigation plans, maps, tables, and UMAM data sheets. L. Submittal of RAI Responses: Atlantic Environmental will prepare the environmental responses to 2 USACE RAls, including, but not limited to, narrative descriptions of impacts and proposed mitigation, site plan, associated environmental maps and figures, and, monitoring plan and schedule. Atlantic Environmental will coordinate with IRC Staff, the project engineer, and USACE to obtain all information necessary for the completion of the responses. M. Coordination: Complete necessary coordination between IRC Staff, the project engineer, and remaining project team in order to speed permitting process and avoid costly time delays. N. Negotiation: Due to limited space and the fact the County does not own the subject lands, we have assumed the mitigation plan will consist of a negotiated payment to a mitigation bank. Task 2C — Construction Procurement Assistance It is understood the County intends to select a contractor through its procurement process for performance of the work rather than through a public bidding process. Consultant shall coordinate with the County Purchasing Department to allow for the Phase 2 construction work to be contracted for through the County's procurement process. Task 2D — Construction Services Shop Drawing Review /Pre -Construction Meeting: We shall review all shop drawings and submittals for site work construction pertaining to the proposed roadway materials. We will coordinate with the Contractor and his sub -contractors and Indian River County Personnel to set up the required pre -construction meeting. The "pre -con" provides an opportunity for the County to offer instructions regarding areas of special concern and to describe the construction inspection and project completion procedures. On -Site Construction Observation: During construction of the site improvements by the Contractor, we shall perform sufficient construction observation at our discretion on an as - needed basis such that we can certify the construction of the upgraded maintenance roadway. Formal inspections require forty-eight (48) hours' notice prior to procedure. Full-time resident construction observation is not required and therefore not included. Page 8 of 11 171 M ) MASTELLER & MOLER, INC. M1 ~ CIVIL ENGINEERS 165527 1h Street, Ste. 2, Vero Beach, FL 32960 (772) 567-5300 Our proposal for performance of these services is not based on meeting Indian River County Utilities Permit Conditions which generally states: "The Engineer -of -Record (EOR) shall have an on-site representative (inspector) whom shall witness and document all materials used, installation procedures, problems encountered and all tests specified by the Operation Permit Checklist. Daily construction reports shall be submitted not less than monthly to IRCDUS. The daily reports shall be signed and sealed by the EOR. The daily construction reports shall be submitted to IRCDUS no later than seven days after completion of that portion of the construction requiring clearance. Indian River County has unconditional rights to inspect the construction and materials at any time. " As -Built Review: Upon completion of construction, Masteller & Moler, Inc. must be provided with As -Built surveys to confirm proper horizontal and vertical alignment of the upgraded maintenance roadway. The As -Built survey is typically provided by the Contractor's Surveyor (licensed in the State of Florida) and must be provided in AutoCAD format, black line, and mylar with reference to State Plane Coordinates as required by Indian River County. While reviewing the as -built survey, we shall conduct an initial walk-through and develop a punchlist of construction deficiencies. The punchlist shall be provided to the Contractor and the client. Once the contractor has satisfactorily corrected the punchlist items and we are confident that the site has been constructed in compliance with the permit approvals, and we are provided with all required information, we shall submit a Certification of Construction Completion to Indian River County and request final inspection. In the event the County prepares a punchlist, we will provide said punchlist to the Contractor in order that the items may be addressed. Once the County's punchlist has been resolved to our satisfaction, we shall notify the County that the site is ready for re -inspection. This task shall also include our inspector's attendance of progress meetings and assistance during the Construction Completion process. Required certifications shall be prepared and submitted as described herein. Pay Request Review: We shall also review contractor's partial payment requests and provide a certification each partial payment / final payment request accurately reflects completed work. The As -built survey is not included in our fees. Daily and Periodic inspections of erosion control devices and reports required by the NPDES General Permit are the Responsibility of the Contractor and are not included in this proposal. Engineering Certifications: Upon completion of the maintenance roadway upgrade and review of As -Built and Testing results to confirm proper construction, we shall prepare Engineering Certifications to be submitted to the following agencies: 1. IRC Utilities 2. FDEP Wetlands Impact Certification 3. ACOE Wetlands Impact certification Page 9 of 11 172 M J MASTELLER & MOLER, INC. M1 — CIVIL ENGINEERS — 165527 1h Street, Ste. 2, Vero Beach, FL 32960 (772)567-5300 The intent of the FDEP /ACOE certifications will be to confirm the project has been constructed with no more wetland impacts than was permitted. We shall prepare One (1) Engineering Certification for each of the above -listed permits. Our submittal of certifications assumes that all maintenance roadway upgrade work will be properly constructed and tested prior to submittal of the Engineering Certifications. Fee Schedule: Phase 1— New Electric Power Svstem Task 1A — Civil Engineering Design & Preparation of Construction Plans $ 8,000.00 Task 1B — Electrical Engineering Design & Preparation of Construction Plans $ 4,600.00 Task 1C — Environmental Services $ 10,350.00 Task 1D — Soils Investigation $ 4,025.00 Task 1E(1) — Construction Procurement Services (Civil) $ 3,000.00 Task 1E(2) — Construction Procurement Services (Electric) $ 1,150.00 Task 1F — Construction Services (Electrical) $ 6,325.00 Task 1G — Construction Services (Civil) $ 5,000.00 Sub -Total $ 42,450.00 Phase 2 — Unsaved Maintenance Roadwav UoRrade Task 2A — Civil Engineering Design & Preparation of Construction Plans $ 16,000.00 Task 2B — Environmental Services $ 14,260.00 Task 2C — Construction Procurement Services $ 3,000.00 Task 2D — Construction Services (Civil) $ 8,000.00 Sub -Total $ 41,260.00 Reimbursable Expenses Phases 1 & 2 (Not To Exceed) $ 4,000.00 Total Fees $ 87,710.00 Permit review fees are not included in the fees above. As the permit review fees are unknown at this time, Consultant shall provide the fees and will invoice for them separately to be reimbursed by the County. Mitigation fees are excluded from this Work Order. [Remainder of this page is intentionally left blank.] Page 10 of 11 173 MASTELLER & MOLER, INC. — CIVIL ENGINEERS — Time Schedule: 165527 1h Street, Ste. 2, Vero Beach, FL 329 (772)567-53 The Work Order tasks shall be completed based on the following schedule: Phase 1 Working Days 1. Soils Investigation 10 Days after NTP 2. Civil Services (MM) 15 Days after NTP 3. Electrical Services (C&W) 15 Days after NTP 4. Environmental Services (Submit Applications) 5 days after 1-3 Phase 2 1. Soils Investigation 2. Civil Services (MM) 3. Electrical Services (C&W) 4. Environmental Services (Submit Applications) 10 Days after NTP 15 Days after NTP 15 Days after NTP 5 days after 1-3 Deliverables: The ENGINEER shall provide the COUNTY with the following Deliverables: Phase 1 1. Soils Investigation PDF 2. Environmental Services 3. Civil Engineering Design Plans 30% 60% 90% 100% 4. Electrical Engineering Design Plans 30% 60% 90% 100% 1. Environmental Services 2. Civil Engineering Design Plans 30% 60% 90% 100% PDF PDF & 1 Hard Copy PDF & 1 Hard Copy PDF & 1 Hard Copy PDF & ACAD File & 3 Hard Copy Sets PDF & 1 Hard Copy PDF & 1 Hard Copy PDF & 1 Hard Copy PDF & ACAD File & 3 Hard Copy Sets PDF PDF & 1 Hard Copy PDF & 1 Hard Copy PDF & 1 Hard Copy PDF & ACAD File & 3 Hard Copy Sets File#2327 (Y:\mm\Projects\2023\2327 - Spoonbill Marsh Electrical Replacem ent\AD M I N\Contracts\2327_WorkOrder-Design& Perm itting_24-0205. docx) Page 11 of 11 174 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 9, 2024 j _i TO: Board of County Commissioners i THROUGH: John A. Titkanich, Jr., County Administrator i Kristin Daniels, Director, Office of Management & Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of Bid 2024017 —Station 11 Roof Replacement BACKGROUND: On behalf of the Fire Services Division, bids were requested for the replacement of the existing shingle roof at Fire Station 11, located at 2555 93rd St. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Obtained by: Replies: October 25, 2023 November 22, 2023 879 Subscribers 16 Vendors 9 Vendors Firm Location Total Bid CMM Roofing, Inc. Port Charlotte $181,868.01 All Area Roofing & Construction, Inc. Fort Pierce $347,176.43 Direct Metal Roofing Cocoa DQ Robinson Roofing & Restoration Tampa $194,444.44 MiHM Enterprises, Inc. Fort Pierce $434,925.00 A-1 Property Services Group, Inc. Miami $210,280.58 The Roof Authority, Inc. Fort Pierce $264,440.00 Vero Beach Roofing, Inc. Vero Beach DQ Atlantic Roofing II of Vero Beach, Inc. Vero Beach $204,864.54 Direct Metal Roofing's bid was disqualified for not submitting a signed bid form, and Vero Beach Roofing's bid was disqualified for failure to provide appropriate bid security. 175 FIN DF11W&ICIE CMM Roofing, Inc. has been determined by the Division to be the lowest, responsive, responsible bidder. FUNDING: Funding, in the amount of $181,868.01, for the roof replacement will come from the Emergency Services District Fund/Fire Rescue/Construction in Progress/Fire Station #11 Renovations account, number 11412022-066510-22040. This funding was approved in the Capital Improvements Element of the Capital Improvement Plan on February 6, 2024 and will be made available via future budget amendment. Account Name Account Number Total Emergency Services District Fund/Fire Rescue/Construction in Progress/Fire Station #11 11412022-066510-22040 $181,868.01 RECOMMENDATION: Staff recommends the Board award Bid 2024017 to CMM Roofing, Inc. in the amount of $181,868.01. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute it after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager, and after the Contractor has become enrolled in the E -Verify database. Attarhmant- Sample Agreement 176 2024017 Station 11 Roof Replacement Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing underthe Laws of the State of Florida, (hereinafter called OWNER) and CMM Roofing, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, inconsideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Station 11 Roof Replacement ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Station 11 Roof Replacement Bid Number: 2024017 Project Address: 2555 93rd St, Vero Beach, FL 32963 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment The Work will be completed and ready for final payment on or before the 60th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $388.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. 177 2024017 Station 11 Roof Replacement ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ 181,868.01 Written Amount: One Hundred Eighty One Thousand, Eight Hundred Sixty Eight Dollars and One Cent. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR otherthan claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 178 2024017 Station 11 Roof Replacement A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. K. Contractor will comply with all the requirements as imposed by the Americans with Disabilities Act of 1990 ("ADA"), the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 179 2024017 Station 11 Roof Replacement ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2024017; (6) Addenda (numbers 1 to 2, inclusive); (7) CONTRACTOR'S Bid Form; (8) Bid Bond; (9) Qualifications Questionnaire; (10) Drug Free Workplace Form; (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (13) Certification Regarding Lobbying; (14) Manufacturer's provided warranty (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 180 2024017 Station 11 Roof Replacement 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 181 2024017 Station 11 Roof Replacement (772) 226-1424 publicrecords@indianriver.gov Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 —TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that 182 2024017 Station 11 Roof Replacement Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 183 2024017 Station 11 Roof Replacement IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Susan Adams, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: K. Keith Jackman, Assistant County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: David Kiernan Assistant Fire Chief 422S43 rd Avenue, Vero Beach, FL 32967 (772) 226-3993 dkiernan@indianriver.gov CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 184 2024017 Station 11 Roof Replacement Exhibit 1 to the Agreement — Pricing 185 ti;;trirrrl� _L.L ; �c`C/�YjYrl m 0cu C m - I `�° O N CC c LL C N of j, m _ O N N O ti m u O 0 N bA U 0 W T4 L 0J 00 U C -1 m 0 0 E m m v CL o (U a o � > e i m O m m N O No Z a m > ti;;trirrrl� _L.L ; �c`C/�YjYrl •.....� 0cu A CC C Q. 1 O u O 0 +1 a h0 U 0 W T4 C C v CL o (U a o Nm m m m 0 ti;;trirrrl� _L.L ; �c`C/�YjYrl •.....� A C0 1 0 i E m 4 Z o C Q 0 v w 00 rm C0 O m O 0 oz= Vi Vi !h 4 e -I ei a -I e -I a n� 6 J N J J R C y k, `= W m Z O✓ A ^ ... ai L ++ Z Z o in y p Q v a N Q N :.¢. fC0 . , •�u W Z m U m O O Z Q Q �LL w g m W E N_ r N M mBz L w 00 rm Y1 .�. �o•; ane '% flll y` i 7 a. `, O l�7 Ln N �t r Vj. 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O O YO O u m w U C O;� O ,Q v V V L L 1 w ac 340 u '^ C m M a Vl 3 O COEA L d 0 IV d a+ L 4"' -O C L i vy- \ v C m C O a� a M t N C O O O X C U 7 y y t0 VI CL r 4, O .r '3 v Ln °'° CU u � > v O «_ 0 0 O 0 L O N C O M Q) LA 00 O 'V) E i+ m a >, G7 4l C L fA O G/ z A Q 4 C 4 W oO cu �' CL E CL E CL a, E IL- cuO c cu u u H w a� 3 Z z LU LL d 1A N in 'L E m a z 00 00 rl CONSENT DA r CC Meeting 02-20-2024' AVER C.. OG 2 INDIAN RIVER COUNTY, FLORIDA * * AGENDA MEMORANDUM Deputy County Administrator To: The Honorable Board of County Commissioners T hru: John A. Titkanich, Jr., ICMA-CM, County Administrator From: Michael C. Zito, Deputy County Administrator Date: January 31, 2024 Subject: The 2024 Indian River County All Disaster Preparedness Expo Event is scheduled to be held at the Jackie Robinson Training Complex on May 11, 2024 BACKGROUND: Section 6.04 of the Amended and Restated Facility Lease Agreement between the County and VeroTown, LLC allows the County use of the facility for up to two (2) days annually for education, entertainment, and community enrichment purposes. The Indian River County All Disaster Preparedness Expo is the premier seasonal event to connect residents with businesses and emergency service providers. The Expo raises awareness for storm event readiness and other local disasters that may occur. It enables residents and visitors in the community to receive the most updated information available. Our goal is to engage vendor representatives from all areas of the community who are involved in Community Disaster Preparedness. This includes (but is not limited to): Public Safety Partners, Private Non -Profits, and companies who specialize in hurricane and disaster preparedness products or services. DESCRIPTION AND CONDITIONS: The event will be held at the Jackie Robinson Training Complex — 42 Building Field and Conference Rooms on Saturday, May 11, 2024, from 10:00 am — 2:00 pm. There is no cost to attend the event nor to participate as a vendor. We anticipate having 55-60 vendors in attendance this year as well as 600-800 attendees. VeroTown is holding the date open pending approval by the Board of County Commission. FUNDING: No unbudgeted funds will be requested for this event. Any nominal expenses associated with the use of the facility will be charged to General Fund/Emergency Management/Other Operating Supplies, Acct# 00120825-035290. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners designate the 2024 Indian River County All Disaster Preparedness Expo as one of the 2 annual reservations to utilize the Jackie Robinson Training Complex for community enrichment purposes, and direct Staff to coordinate the event with the cooperation of VeroTown, LLC. APPROVED AGENDA ITEM FOR FEBRUARY 20, 2024 C:\Granicus\Legistar5\L5\Temp\bcebe3e3-eaca4 164-9ef545fl d9cdc706.docx 189 JOIN US FOR OUR 2024 INDIAN RIVER COUNTY CLERK OF COURT'S OPERATION GREEN LIGHT A DRIVER LICENSE REINSTATEMENT DAYS EVENT Suspended ticense? Outstanding fines? Operation Green Light is your chance to: SAVE MONEY GET BACK OFN THEROAD n River County customers with suspended driver licenses will have an opportunity to pay overdue court obligations, including traffic tickets, while saving up to 30 percent in additional fees to get their license back.* Contact our office to learn more today! * This event will be held in person and online during regular business hours on weekdays. There will be no in person option on Saturday and Sunday; however, online payments will still be accepted. OPERATION IO "V wit Need more information? Visit www.indianRiverClerk.com Contact us today: 772-226-3129 clerk@clerk.indian-river.org Where? Indian River County Courthouse 200016 1h Avenue Vero Beach, FL 32960 Monday -Friday 8:00 AM - 5:00 PM Sebastian Office 1921 U.S. Highway 1 Sebastian, FL 32958 Monday, Wednesday, Friday 8:30-5:00 Closed 12:00-1:00 How? In Person and Online William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney Office Of Public Hearing 02/20/2024 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: February 8, 2024 SUBJECT: Charging Criminal Defendants Additional Fees and Eliminating Costs for Indigent Defendants Florida Statute §939.185 allows a County to impose court costs of $65 when a person is found guilty of a felony, misdemeanor or delinquent act. The statute provides that those funds collected must be allocated as follows: 25% for local court funding • 25% for legal aid programs • 25% for law library funding 25% to juvenile assessment centers and alternative programs In the past, counties have assessed a single $65 charge even though a criminal defendant pleads guilty to a number of charges. For example, if a defendant pleads guilty to driving with a suspended license, driving under the influence and leaving the scene of an accident, the defendant will be charged a single $65 fee for court costs. Recently, a Florida District Court of Appeals upheld a county's practice of charging $65 in court costs for each crime where a guilty plea is entered. So, in the example were a defendant pleads guilty to three crimes, that defendant may now be charged $195 in court costs. In Indian River County during Fiscal Year 2022-23, the $65 fee was assessed on 1,530 cases resulting in $99,450 of court costs. In the 1,530 cases, there were 6,174 total counts, so if the $65 would have been assessed per count, then the total amount of money owed on those 1,530 cases would have been $401,310, which amounts to an increase of $301,860 in costs. Granted, 100% of these costs are not collected, but the County could receive a significant increase in funding for the four programs specified in County code. It should be noted that Florida Statute §939.185 also states that if a defendant is found to be indigent, the $65 court cost shall not be imposed. The proposed amendment to Indian River County Code §§305.11 and 305.12 (attached) provides for assessing $65 in court costs for each charge a defendant is convicted of and also exempts defendants from paying the $65 court cost if they are found to be indigent by the court. 192 Charging Criminal Defendants Additional Fees February 7, 2024 Page 2 Funding: If the board decides to proceed with amending the County code, once the projected revenue amount is established, a budget amendment would be brought before the Board to allocate these additional revenues and expenses. The cost of publication of the required public notice for the public hearing was $123.48. The cost was funded from the County Attorney's Office budget within the General Fund (account number 00110214034910). Description I Account Number Amount County Attorney/Legal Ads 00110214-034910 $123.48 Recommendation: Staff recommends the Board conduct the necessary Public Hearing and after taking testimony from interested parties, approve the ordinance amendment and authorize the chairman to sign the amendment on behalf of the Board. Attachments: Indian River County Code §§305.11 and 305.12 Proposed Ordinance Amendment Copies to: Ryan Butler, Clerk of Court Kristin Daniels, Director, Office of Management and Budget 193 Oice of INDIAN RIVER COUNTY ATTORNEY Indian River County Code Sections Pertaining to Court Costs Section 305.11. - Imposition of additional court costs in criminal cases pursuant to Section 939.185, Florida Statutes (2004), as amended. Pursuant to the authority set forth in Section 939.185, Florida Statutes (2004), as amended, an additional court cost of sixty-five dollars ($65.00) shall be imposed by the courts in Indian River County when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the Florida Statutes. The courts in Indian River County shall order payment of these additional court costs in all matters as set forth in Section 305.11 of this chapter, but may defer payment if the person against whom the cost is imposed is indigent. The additional court cost authorized pursuant to Section 939.185, Florida Statutes (2004), as amended shall be collected by the Clerk and remitted to Indian River County for use in accordance with Section 305.12 of the Code. (Ord. No. 2004-019, 6-22-04; Ord. No. 2007-028, § 2, 7-24-07) Section 305.12. - Uses of additional court costs in criminal cases. (1) Funds received from the additional court cost set forth in section 305.11 of this chapter shall be distributed as follows: (A) Twenty-five (25) percent shall be remitted to fund innovations to supplement funding for the state court system in Indian River County consistent with Section 29.004, Florida Statutes (2004) and to fund local requirements consistent with Section 29.008(2)(a)2, Florida Statutes (2004). (B) Twenty-five (25) percent shall be remitted to assist in providing legal aid programs in Indian River County consistent with Section 29.008(3), Florida Statutes (2004). (C) Twenty-five (25) percent shall be remitted to fund personnel and legal materials for the public as part of law libraries in Indian River County. (D) Twenty-five (25) percent of the amount collected shall be used as determined by the board of county commissioners to support teen court programs, juvenile assessment centers, and other juvenile alternative programs. 194 ORDINANCE NO. 2024 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING INDIAN RIVER COUNTY CODE §305.11, IMPOSITION OF ADDITIONAL COURT COSTS IN CRIMINAL CASES PURSUANT TO SECTION 939.185, FLORIDA STATUTES (2004), AS AMENDED; PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, Indian River County currently imposes court costs of $65 when a person is found guilty of a felony, misdemeanor or delinquent act, no matter how many counts the person is found guilty of, as allowed by Florida Statute §939.185; and WHEREAS, the statute provides that those funds collected must be allocated as follows: • 25% for local court funding • 25% for legal aid programs • 25% for law library funding 25% to juvenile assessment centers and alternative programs; and WHEREAS, the Board of County Commissioners wishes to impose the $65 court cost for each count that a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for any felony, misdemeanor, delinquent act, or criminal traffic offense under the Florida Statutes. WHEREAS, the Board wishes to exempt those found indigent by the court from paying these court costs as prescribed by Florida Statute §939.185. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. 1 195 ORDINANCE NO. 2024 - Section 2. Amendment of Section 305.11 . New language indicated by underline, and deleted language indicated by . Section 305.11 Imposition of additional court costs in criminal cases pursuant to Section 939.185, Florida Statutes (2004), as amended. of the Code of Indian River County, Florida is hereby amended to read as follows: Section 305.11. - Imposition of additional court costs in criminal cases pursuant to Section 939.185, Florida Statutes (2004), as amended. Pursuant to the authority set forth in Section 939.185, Florida Statutes (2004), as amended, an additional court cost of sixty-five dollars ($65.00) shall be imposed by the courts in Indian River County when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for each count of, any felony, misdemeanor, delinquent act, or criminal traffic offense under the Florida Statutes. The courts in Indian River County shall order payment of these additional court costs in all matters as set forth in section 305.11 of this chapter, but shall may defer payment if the person against whom the cost is imposed is indigent. The additional court cost authorized pursuant to Section 939.185, Florida Statutes (2004), as amended shall be collected by the Clerk and remitted to Indian River County for use in accordance with section 305.12 of the Code. (Ord. No. 2004-019, 6-22-04; Ord. No. 2007-028, § 2, 7-24-07) Section 3. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date Secretary of State. This ordinance shall become effective upon filing with the 2 196 ORDINANCE NO. 2024 - This ordinance was advertised in the Indian River Press Journal on the 9th day of February, 2024, for a public hearing to be held on the 20th day of February, 2024, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph H. Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this 20th day of February, 2024. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Ryan L. Butler, Clerk and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By William K. DeBraal, County Attorney Susan Adams, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of February, 2024. 3 197 I= 010", 1 Florida PO Box 631244 Cihcinnatt, ON 45263-1244 GANNETT fjpTi t3 NCR Y GIVEN that the Board d County f, ftmmissioners Nadia Westerllr County Attorney's. office, of I ndlan.Rlue( CAunty, Florida. will Indian River Cour Attorneys Office conduct' a Pubiic Hearing to Consider adoption of a Pi000ad" 1801 27Th ST Ordinance entitled; AN Vero Beach FL 32960-3388 OF C OUNTY CC MMi55i�gR$ STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Indian River Press Joumai/St Lucie News Tribune/Stuart News, newspapers published in Indian River/St Lucie/Martin Counties, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Govt Public Notices, was published on the publicly accessible websites of IndianRiver/St Lucie/Martin Counties, Florida, or in newspaper by print in the issues of, on: 02/09/2024 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter'S0 Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who Publication Coat: $123.48 Order No 3823927 # of Goples: Customer No: 1125303 1 PO 4Criminal Court Costs THIS IS NOT AN INVOICE! P&wm do not lige thiq, form* paymml rrarfltanm AMY KOKOTT Notary Public State of Wisconsin Tuesday, February 20, 2024 at 9:05 a.m., or as soon thereafter as the matter may be heard, in the County Commission Chambers located on the first floor of Building A of the County Administrative Complete, 1801 27th Street, Vero Beach, Florida 32960, at which time Inter= ested parties may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected by the public during regu- lar business hours (8:30 a.m.to S.W p.m., Monday through $Vjday)yid' the Office of the Clerk to the El rd' 1801 27th Street, Vero Beach, Florida; or alternatively, the proposed ordinance may be Inspected atj igaoV" Anyone who may wish `appeal any decision which may be M040 at ihtf. meeting will need to ensure that a verbatim record of the proceedings Is made, which includes testimony and evidence upon which the apwea is based. Anyone who needs a special occans•, modotion for this meeting mod contact the County's Amerl Wlib Disabilities Act (ADA} Coon ndler at 772-226=1223 at least AS hours iR advance of the meettnq. al RIVER COUNTY BoARO. `COUNTY COMMISSIONERS r+ SUSAN ADAMS, CHAIRMAN s. Pub: Feb. 9, 2024 TCN9823927 Page 1 of 1 1- )la Administrator's Matters 2.20.24 AVER 4 °oma Office of the z INDIAN RIVER COUNTY ADMINISTRATOR John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: John A. Titkanich, Jr., County Administrator DATE: February 12, 2024 SUBJECT: 2023 Goal Setting Final Report Backeround & Discussion During the 4' quarter of 2023 the Board of County Commissioners, the Senior Leadership team, and employees participated in a goal setting process designed to help clarify the mission, values, and goals of the organization. This exercise, led by the consulting team of Dr. Richard Levey and Dr. Joseph Saviak, was intended to unify the organization in support of the identified goals, leading to optimization of our organizational performance and efficient allocation of limited resources as well as guide the budget process for the 2024-2025 fiscal year. The comprehensive goal setting process included community and organizational research, individual interviews with the Board of County Commissioners, senior staff and department directors, an all -employee electronic survey, and a workshop for senior leadership staff to receive feedback from the Board of County Commissioners. The results of this process are captured in the attachment entitled, Indian River County 2023 Goal Setting Process & Workshop Final Report. As discussed at the workshop, staff will further develop the mission and values based on the feedback received and will bring them back to the Board of County Commissioners. Additionally, staff is evaluating the subsequent phases and tasks to fully develop a 3-5 year Strategic Plan. Staff Recommendation Staff recommends that the Indian River County Board of County Commissioners accept the Final Report and its findings as guidance for development of the approaching fiscal year budget. Attachment: Indian River County 2023 Goal Setting Process & Workshop Final Report. 198 INDIAN RIVER COUNTY 199 i INDIAN RIVER COUNTY 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT Table of Contents Executive Summary 3-4 Community Overview'.. Organizational Overview f &7 Research Methods and Findings Mission &9 Values is ; Goals 9-10 Next Stepp 1 Conclusion 11-12 Exhibits '3-22 INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT • Page 2 200 Executive Summary To review and define the mission, values, and goals for Indian River County Government to optimally serve citizens, the Indian River County Board of County Commissioners engaged in a best practice and evidence -based process. This process included community and organizational research, individual interviews with the BCC, senior staff, and department directors, an all -employee electronic survey, and a workshop for discussion and direction to the administrative leadership. The research was conducted by Dr. Levey and Dr. Saviak in close coordination with the senior staff. It was a multi- method research process involving a diverse set of reliable and valid sources of quantitative and qualitative data providing opportunities for cross -validation confirming valuable findings. Utilizing all of these tools of research, major recurring themes were identified. The workshop provided an additional opportunity for data collection and analysis. The focus of the workshop was to receive ideas and direction from the Board of County Commissioners to guide the staff in developing a draft mission, set of organizational values, and goals for the Board's review and approval, and inclusion within the upcoming budgetary process. It is important to gain a good understanding of Indian River County and Indian River County Government to effectively conduct a successful goal setting process and workshop. The goal setting project team utilized reports, data, and metrics provided by the Office of the County Adm'nistrator as well as publicly available information from governmental and non-governmental organizations, to create and inform a productive goal setting process and workshop. INDIAN RIVER COUNTY ® 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT • Page 3 201 Agoal setting process can clarify the mission, values, and goals and unify the organization in support of them, optimize organizational performance, enable efficient allocation of limited resources, energize the team, attract resources, and successfully lead positive change (Cohen & Eimicke, 1998). The mission is the rationale for the organization, goals are more broadly stated longer term purposes, and objectives are specific, measurable, actionable, realistic, time bound, and shorter term (Starling, 2008). Created in 1925, Indian River County was home to 167,352 residents in 2020. 68% of residents live in the unincorporated county areas. The projected 2030 population of the county is 185,000. It ranks 31St of 67 counties in population. It is 503 square miles with 22 miles of beaches. The county has five cities: Sebastian (27,700), Vero Beach (16,700), Fellsmere (4,900), Indian River Shores (4,400), and Orchid (522). Indian River County has 20 public, private, and charter schools (20:1 student ratio) and a graduation rate of 95%. Recognized for excellence in education, the School District of Indian River earned the distinction of Cognia Systems Accreditation, is ranked by Niche the #11 Best School District in Florida, and is the only "A" rated school district located along the Treasure and Space Coast. It is home to Indian River State College with Florida Atlantic University and Keiser University in neighboring St. Lucie County. It has 86,505 housing units, a 35 -foot height limit on buildings, 100,000 acres of conservation land, 17 golf courses, and the Jackie Robinson Training Complex (training facility for the Dodgers from 1948-2008). The county has two airports: Vero Beach Regional Airport and Sebastian Municipal Airport and a public transit system with 14 routes. Demographically speaking, it has 14,824 veterans living in the county (11.9%), is 86.6% Caucasian, 9.2% Black, and 13.7% Hispanic, with a median age is 53.4. 35.2% of residents are age 65 or older — 6th in Florida in this category. 91.1% have a high school degree and 32% have a bachelor's degree and 91.7% of homes have a computer. The median household income is $61,594 with a 10.3% poverty rate. It is 23rd of 67 Florida counties in terms of median household income ($61,594). The economy of Indian River County involves agriculture, tourism, healthcare, information technology, light manufacturing, wholesale, retail, and service. The largest private sector employers are Cleveland Clinic Indian River Hospital (1,920), Publix (1,324), PiperAircraft (886), Sebastian Medical Center (581), John's Island residential/resort (571), Indian River Estates retirement/life care (434), Visiting Nurse Association (376), and The Home Depot (352). INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT • Page 4 202 Indian River County has a comparatively low property tax rate, available building sites, and access to major transportation arteries to attract new employers/expand existing businesses. Indian River County Government is a general-purpose government with 17 active dependent and independent special districts. Key budgetary priorities have included sustaining county services, investing in infrastructure, building organizational capacity, and employee professional development and growth. External budgetary factors include fuel costs, chemical prices, supply shortages, the property and casualty insurance market, and a higher Florida Retirement Service employee rate to pay Recruitment and retention of employees and progress on needed maintenance and replacement of capital assets remain priorities. Presently, there are 913 full time employee positions in county government with a current proposed budget of $506,235,729 representing a 12.2% decrease from the prior fiscal year. It ranks 54th of 67 counties in millage rate which is the 4th lowest general fund millage rate in the state. It is 9th of 67 Florida counties in government debt per resident (higher ranking is better). The debt per resident has significantly decreased from $666 per resident in 2012 to $29 per resident in 2021 to $20 in 2022. It is 36th of 67 counties in government spending per resident. The aggregate millage rate is 6.1307. The county government has multiple funding streams: MSTUs, MSBUs, half cent sales tax, state revenue sharing, optional sales tax, gas tax, tourist tax, waste collection fee, impact fees, and special districts (emergency services, streetlighting) — all have increasing revenue productivity except impact fees. In 2022, county voters approved $50 million for environmental preservation. The County will issue two tranches of $25 million debt, of which the first issuance is expected to occur during this fiscal year. As with all local governments in Florida, there is potential for changes in revenue in the future if an economic slowdown occurs. The 2022/2023 budget goals/objectives concerned public safety, effective planning and implementation of services, policies, ordinances, and regulations, protect and enhance natural resources, ensure solid transportation infrastructure, protect and promote the general welfare of residents, and preserve and enhance the quality of life with an array of recreational and cultural opportunities. There are presently 15 fire stations. INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT , Page 5 203 Two public employee unions represent a significant share of county employees: Teamsters (261 employees) and International Association of Firefighters (269 employees) The county sees 120 building permit applications per day. The county government's 2024 State Legislative Program identifies the issues of funding opportunities, beach renourishment/restoration, home rule, opposition to unfunded mandates, concerns about homeowners' insurance, maintaining responsibility for local planning/zoning decisions, BCC member electronic participation in meetings on a limited basis, unfunded mandates/costs with septic to sewer upgrades, funding requests for specific septic to sewer and water system projects, and fulfilling significant septic to sewer requirements The 2022-2026 five-year capital improvement plan includes ($ figures are 5 -year totals): beach renourishment ($12,700,000), conservation and aquifer recharge ($14,568,500), emergency services facilities ($35,771,198), facilities management ($33,968,317), parks and recreation ($25,590,590), sewer and water ($85,458,953), solid waste ($26,315,000), stormwater management ($14,400,000), and transportation ($203,145,852). The five-year Indian River County MPO Transportation Improvement Plan identifies specific priority projects and funding sources involving roads, traffic operations and maintenance, traffic safety, public transit, aviation, transportation studies, and bicycling, walking, and trails. There is an MPO 2045 Long Range Transportation Plan for the county which was approved in 2020. The total funds for all projects in this plan are just over $400 million with $295 million coming from federal support. The plan utilizes national performance metrics involving quality, safety, efficiency, environmental preservation, abating congestion, and successful project delivery. Growth may occur through infill development within present urban areas, redevelopment, or development of undeveloped property. Urban development in the county is authorized to proceed as New Towns and Traditional Neighborhood Design. A 2022 Indian River County MPO Land Use Vision Study identified these suggested guidelines for future land use planning: conserve environmentally valuable assets, provide a spectrum of housing options, ensure mobility through transportation infrastructure investment, promote economic growth, preserve agriculture, and protect rural areas. Flexible agricultural zoning policy options, studying the urban service boundary, and tools of low impact development design all could be considered by policymakers and staff. The County is currently engaged in the process to evaluate the impacts of future growth and its Comprehensive Plan through the Evaluation and Appraisal process as set forth in the Florida Statutes. The 2021/2022 Annual Comprehensive Financial Report confirms the county government has effective internal controls and appropriate policies, an award-winning team of public finance professionals, and is financially sound. The sources of support for these statistics and statements are: INDIAN RIVER COUNTY • 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT • Page 6 204 ✓ County Administrator's 2023/2024 Budget Message (7/7/2023) ✓ The 2022/2023 Annual Budget for Indian River County Government — this included mission, goals, and objectives ✓ The 2023 County Administrator Position Advertisement ✓ Board of County Commissioner Biographies ✓ 2022-2023 news articles on county government meetings, issues, and events ✓ The Indian River County Government 2024 Legislative Program PPT ✓ A review of all BCC Meeting Agendas May-September 2023 ✓ Five Year Capital Improvement Plan/Capital Improvement Expenditures ✓ The Chamber of Commerce website — economic development section ✓ A review of 2023 IRC Government FB posts ✓ The Transportation Improvement Program FY 2022/23-2026/2027 (MPO — IRC) ✓ Comparative and ranking data across Florida counties on government debt, taxes, government spending, median household income, total affordable housing expenditures, and total county budget (Florida Legislature's Office of Economic and Demographic Research) ✓ The Metropolitan Planning Organization Land Use Vision Study (updated 8/2022) ✓ 2021/2022 Annual Comprehensive Financial Report ✓ A review of the Indian River County Government website ✓ University of Florida Bureau of Economic and Business Research. (2022). Retrieved at: https://www.bebr.ufl.edu/wp- content/uploads/2022/12/estimates 2022.pdf ✓ Indian River County Economic Development. Retrieved at: https://indianrivered.com/community/demographics/ ✓ U.S. Census Data (2022). Retrieved at: https://www.census.gov/guickfacts/indianrivercountoorida ✓ 2021 Annual Popular Financial Report by the Indian River Clerk of the Court and Comptroller. Retrieved at: https://indianriverclerk.com/wp- content/uploads/2021-FY-PAFR searchable.pdf On 10/23 and 10/24, Dr. Levey and Dr. Saviak interviewed all five Indian River County Commissioners, the County Administrator, the Deputy County Administrator, the County Attorney, a Deputy CountyAttomey, the Legislative Affairs and Communications Manager, nine department directors, and one assistant department director. The interviews focused on discussing the mission, values, and goals of Indian River County Government, a SWOT analysis (strengths, weaknesses, opportunities, and threats), the top three priorities for capital projects, policies and programs, and the organizational capacity of county government, and the highest three priorities across all categories (e.g., programs, INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT ■ Page 7 205 capital projects, and institutional capacity). Goals and expectations for the workshop and process were also discussed. Utilizing the interview data, an electronic survey was developed which was conducted from 11/8 to 11/22 involving the elected and administrative leadership and all employees. The purpose was to acquire greater insights and increase clarity and focus for the goal setting workshop. For example, participants were asked to rank the priorities for capital projects, policies and programs and the capacity of county government. 483 responses were received constituting a 53% response rate and a valid and representative sample. On 12/8, the Goal Setting Workshop with the Board of County Commissioners and administrative leadership was held. Prior to the workshop, interviews with the elected and administrative leadership defined a successful workshop in terms of aiding in these outcomes: ✓ Long term vision — set priorities ✓ Identify and communicate mission, values, and goals ✓ Clarify organizational culture/values ✓ Identify resources for the mission ✓ Establish clear plans for implementation - timelines/milestones The workshop included a presentation on the purposes, benefits, and process of goal setting, presentation of all research and findings, and discussion of the mission, values, and goals for Indian River County Government. The workshop helped facilitate questions and analysis and aid in decision-making by the elected leadership. A high degree of communication and collaboration among the elected and administrative leadership at the workshop resulted in significant productivity and meaningful progress. The role of the Board of County Commissioners was to provide staff with actionable feedback and key elements for possible revision and further development of the current mission, values, and goals for county government for the BCC to then review, discuss, and approve. Based upon this workshop, the staff will draft a proposed mission statement and list of values and goals. The approved mission, values, and goals can then be incorporated into the upcoming budgetary process and be communicated and acted upon throughout the organization. This discussion began with the present mission statement found in the 2022/2023 budget: INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT ■ Page 8 206 "To protect and promote the general welfare of our residents and visitors and preserve and enhance the quality of life in our community and its natural resources through effective planning and implementation of services, policies, laws, and regulations." (p. 31 Goal Setting Workshop PPT) The workshop discussion involved the recurring themes from the interviews (Exhibit 1), the four phrases tested in the electronic survey derived from the interviews (Exhibit 2), and the ranking of mission phrases in the results of the electronic survey (Exhibit 3). This is the key feedback and direction from the Board of County Commissioners on mission with input and ideas from the administrative leadership team: ✓ Utilize the red bolded words and phrases on Exhibit 2 and Exhibit 3 ✓ Make it more inspirational and personal — add "people" ✓ Live the mission statement ✓ Blend the current mission statement with new concepts generated from this goal setting process ✓ Add innovation — going beyond the norm The workshop discussion involved the recurring themes from the interviews (Exhibit 5), four values statements tested in the electronic survey derived from the interviews (Exhibit 6), and the ranking of values statements in the results of the electronic survey (Exhibit 7). This is the valuable feedback and direction from the Board of County Commissioners on values in collaboration with the administrative leadership team: ✓ Personalize values statements ✓ Make more pointed ✓ Core values need to be formalized and expressed ✓ It is a statement of our organizational culture ✓ Add community well being ✓ Add action verbs ✓ Include community-oriented/sense of community well being ✓ Can apply internally and externally Goals The discussion involved the 15 recurring themes from the interviews (Exhibit 8), 9 goals tested in the electronic survey derived from the interviews (Exhibit 9), and the ranking of the 9 goals from the results of the electronic survey (Exhibit 10). INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT ■ Page 9 207 Working together, the Board of County Commissioners and the administrative leadership team generated these ideas and insights on developing and confirming goals: ✓ Add communicating with the community ✓ Can combine affordable housing with quality of life ✓ Goals should represent funding priorities ✓ Need a hierarchy of goals ✓ Could collapse goals into broader categories ✓ Goals are not mutually exclusive ✓ Need to define quality of life ✓ Goals need to become measurable objectives when developed further in the strategic plan ✓ Infrastructure and sustainable economic growth ✓ All are important and interconnected ✓ Internal communication and collaboration, a review of policies and procedures, and customer service are important to the organization (institutional capacity) ✓ Some goals could conflict ✓ Could reduce 9 goals into 5 goals: public safety, infrastructure, environment, sustainable economic growth, and quality of life (include affordable housing) INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT ■ Page 10 208 The county administrator will engage a Strategic Planning Team to employ the feedback and direction from the Board of County Commissioners at the Goal Setting Workshop to craft a potential mission statement, defining values, and specific goals for the Board of County Commissioners to review and approve for Indian River County Government. The mission and values provide the county and employees with the purpose and the why the organization exists. The goals and priorities will inform and guide in the allocation of resources in the upcoming budgetary process. The mission, values, and goals will also be strongly communicated to all of county government and enable alignment of operations and activities to them to achieve optimal outcomes. A mission statement is the rationale for the existence of the organization, values define how individuals think, talk, and behave within an organization or community, and goals are broadly stated long term purposes. This is best viewed as a two-phase process with the first phase being goal setting and the second phase involving research, development, implementation, and evaluation of a county government strategic plan. The goal setting can aid in the upcoming budgetary process and set the foundation for a successful strategic plan. The goal setting will clarify mission, vision, values, and priorities in policies, programs, and services, capital projects, and ensuring organizational capacity. Goal setting and strategic planning ask and answer this question: given our mission, strengths, weaknesses, opportunities, threats, stakeholders, history, capacity, and resources, what should our goals and objectives be, and which strategies can we design and implement to achieve them? This goal setting process involved a SWOT analysis, review of community and organizational research, and identification of organizational goals. A strategic plan operationalizes those goals into specific, measurable, actionable, realistic, and time - bound objectives with specific implementation plans and tools for evaluation to confirm achievement. A strategic plan also engages citizens and helps ensure community support for specific objectives. The goal setting combined with a strategic plan should enable all operations and activities of the county government to attain selected objectives. This goal setting process enables Indian River County to sustain positive progress, optimize economic, social, and cultural opportunities and outcomes, ensure strong organizational performance, align means with ends, and lead beneficial change. INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT • Page 11 209 Successful goal setting and strategic planning are research -driven, evidence -based, and outcome -oriented. Strategic management enables organizations to achieve identified objectives. Implementation, measurement, and accountability are critical. Management scholar Dr. Peter Drucker once observed that "the best way to predict the future is to create it." Through continued commitment to goal setting and strategic planning and management, Indian River County Government and the citizens it serves seek to create the best possible future for all residents and visitors. INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT • Page 12 210 1. What would you identify as the mission, values, and goals for Indian River County and County Government? • Values could be responsiveness, fairness, flexibility, honesty/trust/transparency, accountability, competence, customer service, and dedication. • What words come to mind for each of these — mission, values, and goals? 2. What would you identify as the strengths, weaknesses, opportunities, and threats for Indian River County? (can have more than one of each) 3. What would you identify as the top 3 priorities for each of these major aspects of county government: • Infrastructure/Capital Projects — 3 priorities • Public Policy/Programs/Services serving citizens — 3 priorities • Budget/Workforce/Training/Operations/Administration/Technology — 3 priorities 4. Let's pick 3 priorities across all 3 categories. • What are they? For your top 3 priorities across all 3 categories, what opportunities and challenges (e.g., resources, capacity, legal, political, etc.) exist for achieving them and how would you best ensure their attainment (e.g., design and implementation)? 5. Workshop - What issues would you like to see on the goal setting workshop agenda? • What could be a challenge for the goal setting process and workshop? How would you solve it? • How would you define success for the goal setting workshop? What will it take to produce that success? • What would you like to see result from the goal setting workshop going forward? INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT • Page 13 211 s i Recurring Themes fromon Mission Statement Mission Recurring themes from Interviews • Service delivery unity, pleasure, & pridefstrong customer service • Serve & Protect the Public • Delivering Service with a sense of purpose to 0 residents and visitors • Add Community Service to Existing Mission Statement Equitable Governance ip Protect quality of life and natural resources • Protect the environment/sustainable growth Future with what residents cherish about community i i i i INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT • Page 14 212 Four Phrases Tested 1. Efficient and High -Quality Customer Service Should Make Indian River County Government Unique. 2. Indian River County Should Serve and Protect the Public Effectively. 3. Indian River County Should Provide Equitable Services to all Residents and Visitors. 4. Indian River County Government Should Reasonably Balance Quality of Life, Natural Resources and Sustainable Growth for Residents. INDIAN RIVER COUNTY c 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT ■ Page 15 213 i i { is Exhibit • Involving • - • I Four Phrases Tested 1. Efficient and High -Quality Customer Service Should Make Indian River County Government Unique. 2. Indian River County Should Serve and Protect the Public Effectively. 3. Indian River County Should Provide Equitable Services to all Residents and Visitors. 4. Indian River County Government Should Reasonably Balance Quality of Life, Natural Resources and Sustainable Growth for Residents. INDIAN RIVER COUNTY c 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT ■ Page 15 213 Ranking of Mission Phrases INDIAN RIVER COUNTY a 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT • Page 16 214 i i is i { j. Values Recurring themes from Interviews Professional/Competent with citizens and fellow employees Cheerful/Customer Service (internal/external) Transparency Honesty/integrity Respect for residents & colleagues Accountability Pride/Confident Trust Dedication Collaboration INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT • Page 17 215 Exhibit1 Values - Recurrin Values Recurring themes from Interviews Professional/Competent with citizens and fellow employees Cheerful/Customer Service (internal/external) Transparency Honesty/integrity Respect for residents & colleagues Accountability Pride/Confident Trust Dedication Collaboration INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT • Page 17 215 Four Value Statements Tested 1. Indian River County Government Strives for Professional Internal and External Customer Service. 2. Indian River County Government Exemplifies Integrity, Transparency, and Respect with Residents and Colleagues. 3. Indian River County Government Values Honesty and Trustworthiness. 4. Indian River County Government Employees Demonstrate Dedication and Collaboration in the Workplace. INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT ■ Page 18 216 Ranking of Values INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT ■ Page 19 217 Exhibit from Interviews 8 — Goals — Recurring Themes Goals Recurring themes from Environment (wildlife, lagoon, greenspace) Interviews Infrastructure Quality of Life Responsive Governance Eliminate Internal Silos/Improve Communication/Collaboration Transparency 0G Customer Service Orderly growth/sustainability Economy Public Safety Equity in Service Delivery Review/update policies and procedures Affordable housing Encourage innovation in county government/process improvement • Use of technology INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT • Page 20 218 Nine Goals Tested 1. Protect and Preserve Our Environment. 2. Enhance Our Unique Quality of Life. Goals 1, 3. Invest in and Improve Our Infrastructure. Electronic 4. Ensure a High -Level of Public Safety Services. 5. Increase Overall Internal Communication and Survey Collaboration. 6. Provide High Quality Customer Service. 7. Support Sustainable Economic Growth. 8. Improve Internal Operations by Updating Current Policies and Procedures. 9. Encourage Affordable Housing Opportunities. INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT ■ Page 21 219 Exhibit 9 — Nine Goals Tested Nine Goals Tested 1. Protect and Preserve Our Environment. 2. Enhance Our Unique Quality of Life. Goals 1, 3. Invest in and Improve Our Infrastructure. Electronic 4. Ensure a High -Level of Public Safety Services. 5. Increase Overall Internal Communication and Survey Collaboration. 6. Provide High Quality Customer Service. 7. Support Sustainable Economic Growth. 8. Improve Internal Operations by Updating Current Policies and Procedures. 9. Encourage Affordable Housing Opportunities. INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT ■ Page 21 219 INDIAN RIVER COUNTY ■ 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT ■ Page 22 220 References Cohen & Eimicke (1998). Tools for Innovators: Creative Strategies for Managing Public Sector Organizations. San Francisco, CA: Jossey-Bass. Drucker, P. (1999). Management Challenges for the 21 stCentury. New York, New York: HarperCollins Publishers. Neo, Grimmelikhuijsen, & Trummers (2021). Core Values for ideal civil servants: service-oriented, responsive, and dedicated. Public Administration Review. Wiley Periodicals. Vol. 83. pp. 838-862. Salamon, L. (2002). The Tools of Government: A Guide to the New Governance. Oxford University Press. Starling, G. (2008). Managing the Public Sector, 8thEdition. Boston, MA: Thomson Higher Education. INDIAN RIVER COUNTY • 2023 GOAL SETTING PROCESS & WORKSHOP FINAL REPORT ■ Page 23 221 ERC � II W10 1 October 23, 2023 One -on -One Interviews with County Commissioners (N=15) October 23-24, 2023 One -on -One Interviews with Administrative Leadership (N=15) November 8,` Electronic Survey Board, Administration, and All Employees with Email (N=483 Item 11.A. 2/?0/2024 I: Strategic Plan Item 11.A. 2/20/2024 Item 11.A. 2/20/2024 ' Financial Position ' Quality of Life ' Sense of Community ' Staff Dedication ' Beaches and parks/recreation ' Institutional Knowledge ' Public safety ' BCC Acknowledging Need for Change ' Environmental conservation' Mission Recurring themes from Interviews Item 11.A. 2/20/2024 *Service delivery unity, pleasure, & pride strong customer service •Serve & Protect the Public •Delivering Service with a sense of purpose to residents and visitors •Add Community Service to Existing Mission Statement •Equitable Governance *Protect quality of life and natural resources; *Protect the environment/sustainable growth`' •Future with what residents cherish about community Four Phrases Tested M I ss(04 14 erre fang"� - Crete. ml-�gcv l k%mew� lv6v) REQ, ekrn,Ses —r s� re �vewya� Mute wxvte N� — blind ald OS — rY,.54 --"Fly—i , e� — Tnranie� —,}� beywd +)e roam 1. Efficient and High -Quality Customer Service Should Make Indian River County Government Unique. 2. Indian River County Should Serve and Protect the Public Effectively. 3. Indian River County Should Provide Equitable Services to all Residents and Visitors. 4. Indian River County Government Should Reasonably Balance Quality of Life, Natural Resources and Sustainable Growth for Residents. :Z2:2-6 Item 11.A. 2/20/2024 Item 11.A. 2/20/2024 Four Value Statements Tested �WE 1. Indian River County Government Strive Professional Internal and External -Y4c,o,aItzeVaIU-Io-' ' Customer Service. 2. Indian River County Government CO 46k Exemplifies Integrity, Transparency, and,, ; fdrmal�eJ+p�r�sse� — Srq%2MQN� � CvNv/� Respect with Residents and Colleagues 3. Indian River County Government Value —ComtnvN� onenieo��S¢NSE or �ovimwri„ Honesty and Trustworthiness. —Cnngpph,dleraully+q°k%�ly / . 4. Indian River County Government Employees Demonstrate Dedication Collaboration in the Workplace. Goals GoRLs • Environment (wildlife, lagoon, greenspace) - fA9 CAwuuvd5 vfNNa ccmwulFy Recurring themes • Infrastructure' from Interviews • Qua lity of Life • Responsive Governance • Eliminate Internal Silos/Improve Communication and Go RLS cZ� 1. Collaboration Nva p��+yo� *Transparency Enhance Our Unique Quality of Life. *Customer Service Invest in and Improve Our Infrastructure. G pl�¢altrCc uFa de¢�pW CvtlNrt M • Orderly growth/sustainability . • Economy Ensure a High -Level of Public Safety Services. • Public Safety 5. Increase Overall Internal Communication and • Equity in Service Delivery • Review/update policies and procedures Goll c3� *Affordable housing 6. Provide High Quality Customer Service. • Encourage innovation in county government/proce . improvement Support Sustainable Economic Growth. • Use of technology Item 11.A. 2/20/2024 GoRLs p: - fA9 CAwuuvd5 vfNNa ccmwulFy Nine Goals Tested Go RLS cZ� 1. Protect and Preserve Our Environment Nva p��+yo� 2. Enhance Our Unique Quality of Life. 3. Invest in and Improve Our Infrastructure. pl�¢altrCc uFa de¢�pW CvtlNrt M . 4. Ensure a High -Level of Public Safety Services. n�+y��wnxx 5. Increase Overall Internal Communication and Collaboration. Goll c3� 6. Provide High Quality Customer Service. 7. Support Sustainable Economic Growth. ` �nhraur8j- 8. Improve Internal Operations by Updating Cu -ss�n Policies and Procedures. 9. Encourage Affordable Housing Opportunitie I Item 11.A. 2/20/2024 27,2-10 Item 11.A. 2/20/2024 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney /34, Office Of Attorney's Matters 02/20/2024 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: February 12, 2024 SUBJECT: Opioid Settlement Proceeds to 19th Judicial Circuit Drug Court Program BACKGROUND. On June 15, 2021, the Indian River County Board of County Commissioners ("Board") approved a proposed Memorandum of Understanding ("MOU") with the State of Florida Attorney General's Office that serves as the allocation agreement between the State of Florida and the local governments on the settlement of various opioid cases. As part of the MOU, money would go into a City/County Fund, a Regional Fund and a State Fund. In December 2022, Indian River County received $139,604.16 from the State of Florida for its portion of the City/County Fund. The large class action settlement recently allotted by the Board at its meeting of January 9, 2024, was from the manufacturers of the various opioids, namely Purdue Pharma. On April 4, 2023, the Board voted to have the County Attorney's Office work with Commissioner Loar as a liaison and focus using the proceeds from the opioid settlements on the alternative court programs, mental health court and drug court, and coordinate with other sister agencies, such as the Hospital District. Subsequent meetings with Judge Cox, Judge Menz and Judge Stone were held and as a result of those meetings, the judges recommended using the proceeds on assessment, treatment, testing and wrap around services, such as housing and transportation for participants in the alternative court programs. On May 17, 2023, the Indian River County Hospital District Board of Trustees discussed this matter and voted unanimously in agreement with the recommendation to use the proceeds on assessment, treatment, testing and wrap around services for the alternative court programs. The County has since received funds from the Walmart/Walgreens/CVS class action settlement in the amount of $305,751.08. In conversation with Chief Judge Schwab and Wendy -Parent, 19th Judicial Circuit Senior Court Operation Consultant, the need for opioid assessment, treatment, testing and wrap around services, remain in great demand. The Drug Court has exhausted last year's funding with a very satisfactory success rate. The 19th Judicial Circuit has again requested that the retail settlement funds be distributed to them and staff agrees with the request. Any amount 223 Retail Opioid Settlement to Alternative Courts February 12, 2024 Page 2 of the opioid settlement proceeds directed to the alternative courts will directly offset the local tax dollars necessary to support these services. FUNDING. Funding for the Drug Court assessment, treatment, testing and wraparound services in the amount of $305,751.08 will be available from the retail opioid class action settlement proceeds once a future budget amendment is submitted to the Board allocating the funds. RECOMMENDATION. The County Attorney's Office recommends that the Board approve allocation of $305,751.08 to the 19th Judicial Circuit Drug Court program for assessment, treatment, testing and wrap around services, such as housing and transportation. Attachment: Account detail of settlement funds Copies sent by email to: Hon. Charles A. Schwab, schwabc@circuit19.org Wendy Parent, ParentW@circuitl9.org 224 I yE FEBRUARY 20, 2024 ITEM 14.E INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 8, 2024 SUBJECT: Request from Vero Beach Film Festival to use Commission Chambers April 12- 14,2024 FROM: Laura Moss Commissioner, District 5 Discussion Item: The highly successful Vero Beach Film Festival (VBFF) is to be held April 12-14 this year. As they did last year, the organizers have reached out and requested use of the Commission Chambers. Staff has advised that the event went smoothly last year. There were two information technology technicians who worked a combined total of 24 hours and three facilities personnel who worked a combined total of 24 hours. Cost for the same staff time this year is estimated to be $2,544.49 to which VBFF has agreed. Gary Mastro, Board Chair of VBFF, reports in 2023 over 20% of the 1,250 attendees, including volunteers, filmmakers, and others, were from outside of Indian River County. A 17% increase in spending at restaurants and hotels was reported during the festival as compared to the dates prior and post festival dates. Action: Respectfully request that the Board grant permission to VBFF to utilize the Commission Chambers again this year. The venue is popular and reflects well on our community. VBFF attracts tourism to our area. 226 SWDD Item Indian River County, Florida Solid Waste Disposal District (SWDD) Board Memorandum Date: February 1, 2024 To: The Solid Waste Disposal District Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, SWDD Subject: Approval of Amendment No. 1 to Work Order No. 1 to Geosyntec for Phase 2, Segment 3, Cell 3 Engineering Services Descriptions and Conditions: The Indian River County (IRC) Solid Waste Disposal District (SWDD) Class 1 landfill includes the closed Segment 1 Infill, Segment 2 vertical expansion, and Segment 3 lateral expansion (Segment 3). The total footprint area of Segment 3 is 76 acres and consists of eight cells that are being constructed in phases, as needed. Segment 3 Cell 1, directly east of and on top of the east slope of Segment 2, was constructed in 2013. Segment 3 Cell 2 was constructed in 2020. On April 4, 2023, the SWDD Board approved Work Order No. 1 to Geosyntec Consultants, Inc. in the amount of $139,129.70 for the Phase 2 Segment 3, Cell 3 Project. The scope of work was to provide professional and support services for the procurement of a construction contract for the approximately 10.5 -acre Cell 3, which consists of construction of Cell 3 liner and leachate control systems and appurtenant structures including an access ramp into the cell, and development of Engineer's Cost Estimate (ECE) for the Project. Analysis: As presented in a separate agenda item for February 20, 2024, Geosyntec has provided their evaluation and recommendation to award the Cell 3 Construction Contract to Comanco Environmental Services in the amount of $6,897,651.70. Geosyntec has prepared Landfill Amendment No. 1 to Work Order No. 1, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the phases to complete the construction management of Cell 3 within Segment 3. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the attached master agreement. The phases are listed in the following table along with their estimated fees. 7b941S9b-d5b8-487a-a8dd-1ca0de4b310 Page 1 of 227 SWDD Item Phase Description Budget Phase 1: General Consulting/Meeting Support/Project Management $ 45,079.02 Phase 2: Preparation of Issued for Construction (IFC) Documents $ 9,939.28 Phase 3: QA/QC Services $376,839.12 Phase 4: Construction Management $ 66,252.24 Phase 5: Resident Engineering and Certification Services $ 80,076.20 Phase 6: Installation of Monitoring Wells $ 44,043.70 Phase 7: Financial Assurance $ 9,103.66 Phase 8: Miscellaneous Engineering Support Service $ 35,811.92 Total $667,145.14 Geosyntec's proposed cost for construction services is approximately 9.7% of the construction cost, which is a reasonable industry standard. The addition of Amendment No. 1 will bring the total for Work Order No. 1 to $7,564,796.84. Funding: Funding of $667,145.14, for this project, is budgeted and available in the SWDD/WIP/Cell 3 Landfill Expansion account, number 411-169000-22034. Since this is an operating capital project, the funds will come from the fund balance. Operating funds are derived from SWDD assessments and user fees. Description I Account Number Amount SWDD/WIP/Cell 3 Landfill Expansion 1 411-169000-22034 $667,145.14 Recommendation: Staff recommends that its Board approve and authorize the Chairman to sign Landfill Amendment No. 1 to Work Order No. 1 authorizing Geosyntec to provide engineering services for a not -to -exceed fee of $ 667,145.14. Attachment: 1. Geosyntec Landfill Amendment No. 1 to Work Order No. 1 7b94159b-d5b8-487a-a8dd-1caOde4b31c7 Page 2 of 2 228 AMENDMENT _t_ TO WORK ORDER Phase 2 - Construction of Cell 3 Segment 3 Expansion This Amendment _i_ to Work Order Number _I_ is entered into as of this day of , 202_, pursuant to that certain Continuing Contract Agreement, dated April 4, 2023 ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and _Geosyntec Consultants, Inc. ("Consultant"). i. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number _i , Effective Date April 4, 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 i to Work Order i as of the date first written above. CONSULTANT: By: Print Name: Todd Title: Vice President Comptroller BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Susan Adams, Chairman BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and By: Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: K. Keith Jackman, Assistant County Attorney 229 EXHIBIT I PROFESSIONAL SERVICES 230 2 February 2024 Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Proposal to Provide Engineering and Construction Support Services Phase 2 Construction of Cell 3 of Segment 3 Expansion Indian River County Class I Landfill Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide engineering and construction support services related to Phase 2 construction of Cell 3 of Segment 3 Expansion (hereafter referred to as the Project) of the Class I Landfill at the IRC Landfill (IRCL) facility located in Vero Beach, Indian River County, Florida. The proposal presents the scope of work, schedule, and budget estimate to provide construction -phase services for the Project. The proposal was prepared in response to a request from Mr. Himanshu Mehta P.E., Managing Director of SWDD, to Dr. Kwasi Badu-Tweneboah, P.E. of Geosyntec. Geosyntec has prepared this proposal as Exhibit 1 of Work Order No. 1 for the Agreement for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion, and Cell Construction dated 4 April 2023 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("CONSULTANT"). The remainder of this proposal presents: (i) project background; (ii) proposed scope of work; (iii) schedule; and (iv) budget estimate. PROJECT BACKGROUND The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west of Rangeline Road in Vero Beach, Florida. The SWDD administers the management and operation of the Class I landfill at the IRCL facility. The Class I Landfill includes the closed Segment 1/Infill/Segment 2 vertical expansion, and active Segment 3 lateral expansion (Segment 3). The total footprint area of Segment 3 is 76 acres and consists of eight cells that are being constructed in phases as needed. Segment 3, C ell 1, directly east of and on top of the east slope of Segment 2, was constructed in 2013. Segment 3, Cell 2 was constructed NCP2323534UL23075 Proposal for Engineering and Construction Services kbtreview.doc engineers I scientists i innovators 231 1507 20th Street, Suite 201 Geosyntec" Vero Beach, Florida 32960 PH 772.564.8717 FAx 772.564.8719 ConsU1+Glis www.geosyntec.com 2 February 2024 Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Proposal to Provide Engineering and Construction Support Services Phase 2 Construction of Cell 3 of Segment 3 Expansion Indian River County Class I Landfill Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide engineering and construction support services related to Phase 2 construction of Cell 3 of Segment 3 Expansion (hereafter referred to as the Project) of the Class I Landfill at the IRC Landfill (IRCL) facility located in Vero Beach, Indian River County, Florida. The proposal presents the scope of work, schedule, and budget estimate to provide construction -phase services for the Project. The proposal was prepared in response to a request from Mr. Himanshu Mehta P.E., Managing Director of SWDD, to Dr. Kwasi Badu-Tweneboah, P.E. of Geosyntec. Geosyntec has prepared this proposal as Exhibit 1 of Work Order No. 1 for the Agreement for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion, and Cell Construction dated 4 April 2023 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("CONSULTANT"). The remainder of this proposal presents: (i) project background; (ii) proposed scope of work; (iii) schedule; and (iv) budget estimate. PROJECT BACKGROUND The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west of Rangeline Road in Vero Beach, Florida. The SWDD administers the management and operation of the Class I landfill at the IRCL facility. The Class I Landfill includes the closed Segment 1/Infill/Segment 2 vertical expansion, and active Segment 3 lateral expansion (Segment 3). The total footprint area of Segment 3 is 76 acres and consists of eight cells that are being constructed in phases as needed. Segment 3, C ell 1, directly east of and on top of the east slope of Segment 2, was constructed in 2013. Segment 3, Cell 2 was constructed NCP2323534UL23075 Proposal for Engineering and Construction Services kbtreview.doc engineers I scientists i innovators 231 Mr. Himanshu Mehta, P. E. 2 February 2024 Page 2 in 2020. Republic Services of Florida LP (Republic), the operator of the Class I Landfill, has estimated that filling of Cell 2 will be nearly completed by the end of Calendar Year (CY) 2024 and has therefore recommended that SWDD considers construction of Cell 3 during CY 2023- 2024. Phase 1 construction of Cell 3 of the Segment 3 Expansion started in July 2023 and is estimated to be completed by February 2024. This phase involved placement and compaction of fill material to bring the grades to the bottom of the liner system. Phase 2 construction of Cell 3 of the Segment 3 Expansion, which includes the installation of the liner and leachate control systems, is in the final steps of its procurement stage. This proposal addresses the engineering and construction support services required to complete the construction work for Phase 2 of the Project, and includes construction management (CM), quality assurance/quality control (QA/QC) services, resident engineering and preparation of construction completion certification report for submittal to FDEP. The certification report will also cover the completion of the Phase 1 & 2 construction. PROPOSED SCOPE OF WORK This proposal covers professional engineering and construction support services required to complete the construction of the Phase 2 of Cell 3 of Segment 3 Expansion of the Class I Landfill. The scope of work is based on the requirements of Chapter 62-701, Florida Administrative Code (FAC) and Geosyntec's understanding of the Project based on information provided by the SWDD. Geosyntec will provide all engineering services necessary to complete the Project. For budgeting purposes, the scope of work has been divided into six phases, as presented below: • Phase 1 — General Consulting/Meeting Support/Project Management; • Phase 2 — Preparation of Issued for Construction (IFC) Documents; • Phase 3 — QA/QC Services; • Phase 4 — Construction Management; • Phase 5 — Resident Engineering and Certification Services; • Phase 6 — Installation of Groundwater Monitoring Wells; • Phase 7 — Financial Assurance; and • Phase 8 — Miscellaneous Engineering Support Services. Each of these phases is briefly described below. NCP2323543\JL23075 Proposal for Eng and Construction Services kbtreview.doc engineers I scientists I innovators 232 Mr. Himanshu Mehta, P. E. 2 February 2024 Page 3 Phase 1: General Consulting/Meeting Support/Project Management Phase 1 consists of three components: general consulting, meeting support, and project management. Geosyntec will provide SWDD with consulting services necessary to initiate the project. Geosyntec will prepare presentation graphics, engineering drawings, and other documents required to support the Project's meetings and coordination activities. A kickoff meeting with SWDD is proposed before the start of project activities so that the specific project requirements can be discussed. If required by SWDD, Geosyntec will prepare for and attend a meeting with the SWDD Board to explain the project scope and budget requirements. In addition, review meetings will be held with SWDD as necessary during the various phases of the project implementation schedule. Following each meeting, Geosyntec will prepare meeting minutes that document decisions reached in the meetings. Project management activities will include: budget and schedule tracking, invoice review, and project communications, including the preparation of a monthly progress report. The project report will include a description of the activities completed during the month and planned activities for the following month. In addition, the progress report will identify any technical or administrative issues that require SWDD's attention and the current status of the budget and schedule. For the purpose of this budget estimate, Geosyntec has included three meetings: (i) one kickoff meeting with SWDD; (ii) one meeting with the SWDD Board, if requested by SWDD;; and (iii) one meeting with SWDD at the completion of Phase 2 of the project. Additional meetings are addressed in the remaining phases of this proposal. Phase 2: Preparation of IFC Documents During the bidding process several addenda were issued in response to bidders' questions. The addenda included revisions to the Issued -for Bid QFB) documents. Geosyntec will update all the construction documents to incorporate the applicable addenda and complete IFC Documents for the selected contractor. The documents affected include Construction Drawings, Technical Specifications, and CQA Plan. A PE sealed and signed copy of the IFC Documents will be submitted to FDEP Tallahassee as part of notification of Cell 3 Phase 2 construction. Copies will also be distributed to the selected contractor, SWDD and Republic. NCP2323543UL23075 Proposal for Engineering and Construction Services kbtreview.doc engineers I scientists I innovators 233 Mr. Himanshu Mehta, P. E. 2 February 2024 Page 4 Phase 3: QA/QC Services Geosyntec will provide QA/QC services throughout the construction phase to ensure that the landfill cell is constructed in accordance with the design approved by FDEP to the highest construction quality standards. QA/QC services consist of four components, including: • field monitoring QA/QC services; • geotechnical CQA laboratory services; • geosynthetic CQA laboratory services; and • surveying CQA services. Field QA/QC Services Geosyntec will provide QA/QC services during construction of the Project. QA/QC monitoring, testing methods, test frequencies, and the reporting requirements will be performed in accordance with the Construction Drawings, CQA Plan, Technical Specifications, and applicable portions of Chapter 62-701, F.A.C. The work will be executed by an experienced project team consisting of office managerial staff and on-site CQA representatives. Geosyntec will provide on-site monitoring services for the activities associated with construction of the project. The QA/QC services will be provided by a CQA Site Manager and Engineering Technicians, as needed. The CQA Site Manager will be responsible for QA/QC activities throughout the Project including monitoring construction, coordinating soils and geosynthetics testing, and maintaining documentation of QA/QC activities at the site. Geosyntec will assign one CQA field personnel for every major construction activity being performed by the Contractor. For geosynthetics installation, one field CQA personnel can monitor two welding technicians. If at times several liner system installation operations are conducted simultaneously, the on-site CQA personnel will monitor those operations that are considered most critical to the performance of the liner system. Any non -conforming or questionable practices observed by Geosyntec will be brought to the attention of the concerned parties for review and correction. Geotechnical CQA Laboratory Services Geosyntec will provide independent geotechnical CQA laboratory testing related to the construction. Geosyntec proposes to use Excel Geotechnical Testing Laboratory (Excel) of Roswell, Georgia to perform the required soils conformance and performance tests in accordance with the test methods described in the Technical Specifications and CQA Plan. A copy of NCP2323543UL23075 Proposal for Engineering and Construction Services kbtreview.doc w&eers i sdwAsa i hooftun 234 Mr. Himanshu Mehta, P. E. 2 February 2024 Page 5 Excel's fee schedule is included in Attachment A. The test results will be reviewed by the CQA Site Manager. SWDD will be provided with regular updates of the conformance and performance testing activities and results. Summary reports of the test results will be presented in the certification report. Geosynthetic CQA Laboratory Services Geosyntec will perform: (i) conformance testing of the geosynthetic materials; and (ii) destructive testing of the geomembrane seams at an off-site geosynthetic CQA testing laboratory. Conformance sampling of the geosynthetics will be undertaken at the manufacturing plant prior to shipment of the geosynthetics to the site. This will expedite the conformance testing and eliminate delays in the field waiting for test results. Geosyntec proposes to use TRI Environmental (TRI) of Austin, Texas to perform the required geosynthetics testing. Geosyntec will be responsible for coordinating collection of conformance test samples with the TRI and the geosynthetic manufacturers. TRI will be responsible for all conformance testing. The CQA Site Manager will also coordinate collection and shipping of geomembrane destructive seam samples at the frequencies specified in the CQA Plan to TRI. The laboratory will perform geomembrane seam strength tests for compliance with the Technical Specifications and CQA Plan. A copy of TRI's fee schedule is included in Attachment B. Test results will be e-mailed to the site in order to avoid delays with the construction schedule. Surveying CQA Services Geosyntec will subcontract the services of a Registered Land Surveyor to provide the surveying required and prepare the as -built record drawings of the Cell 3 liner and leachate control systems construction. Geosyntec has selected Peavey & Associates (Peavey) of Fort Meade, Florida to provide surveying services. Peavey will assist with surveying the critical layers of the liner system construction and provide data to check material quantities for measurement and payment purposes. A copy of Peavey's proposal is enclosed as Attachment A. Phase 4: Construction Management Geosyntec will provide construction management (CM) services throughout the duration of construction. CM activities will include conducting pre -construction and weekly construction progress meetings with the Contractor and its subcontractor(s), preparing and distributing meeting minutes, reviewing the Contractor's construction schedule for evaluating construction progress, assisting the Contractor and SWDD in identifying critical construction phases and material procurement activities, providing assistance to the Contractor in formulating plans to regain the project schedule in case of unforeseen delays, reviewing Contractor payment requests and verifying quantities and conformance with the plans and specifications, and providing NCP2323543UL23075 Proposal for Engineering and Construction Services kbtreview.doc engmmzs ! sdmdm l Wmawn 235 Mr. Himanshu Mehta, P. E. 2 February 2024 Page 6 contract administration to include construction -related correspondence with the Contractor and SWDD. Phase 5: Resident Engineering and Certification Services Geosyntec will provide resident engineering services throughout the duration of construction. Resident engineering services will include Construction Drawings and Technical Specifications interpretation or clarification, an evaluation of any changed conditions, and engineering analyses for any design changes or improvisations. Geosyntec will also provide support to SWDD in the preparation of modifications, deletions, or additions to the contract documents. Contractor's change proposals will be evaluated for technical merit, conformance with design intent, and reasonableness with respect to pricing. Geosyntec will also assist SWDD in the review and approval process for submittals required by the contract documents. Resident engineering services are expected to include engineers, administrative assistants, CADD designers, and technical word processors, as needed. As part of the Resident Engineering phase, Geosyntec will prepare a final QA/QC certification report, which will include as -built record drawings for the Project. The report will contain a narrative describing, in detail, the aspects of field activities associated with the Phase 2 construction, specifically with reference to the activities identified in this proposal. The report will also include a summary of all conformance and performance tests conducted, testing frequencies, and test results showing compliance with the Technical Specifications and the CQA Plan. The documentation of construction activities (presented on daily summary reports, monitoring logs, test data sheets, nonconformance identification and corrective measures reports, and design change records) will be included as appendices to the final report. The as -built record drawings will be prepared for the Project, in AutoCAD format, in order to illustrate the details of construction, any approved design changes or deviations. Peavey will be responsible for preparing the as -built drawings signed and sealed by a registered land surveyor in the State of Florida. Geosyntec will coordinate and review drafts of the as -built drawings to ensure compliance with the Project and permit requirements. The final QA/QC certification report will be signed and sealed by a registered professional engineer in the State of Florida. Geosyntec will prepare the report within 30 days of completing the construction activities. Electronic copies of the final QA/QC certification report will be submitted to FDEP for approval with copies provided to SWDD. NCP2323543\JL23075 Proposal for Engineering and Construction Services kbtreview.doc engineers I scientists I innovators 236 Mr. Himanshu Mehta, P. E. 2 February 2024 Page 7 Phase 6: Installation of Groundwater Monitoring Wells The four groundwater monitoring well clusters (MW-25S/I, MW -39S/1, MW-47S/I and MW- 48S/I) and piezometer PZ -2 will be installed prior to certification of construction completion and approval of Cell 3 by FDEP for waste placement. Geosyntec has solicited a quote from Earth Tech Drilling, Inc. (Earth Tech) to serve as a drilling subcontractor to perform these services. It should be noted that Earth Tech installed the monitoring wells in 2023 related to the leachate storage tank on the eastern portion of the Site. A copy of Earth Tech's proposal is included as Attachment D. Geosyntec has also solicited a quote from Peavey to survey the locations of the new groundwater monitoring wells and prepare the required drawing for submittal to FDEP. Peavey also provided similar services during the Phase 1 construction project. A copy of Peavey's proposal is included in Attachment A. A Geosyntec hydrogeologist or equivalent will be on-site to observe the well installations. Upon completion of the well installations, the wells will be developed prior to sampling. The locations of the wells will be surveyed and a well completion report will be prepared and submitted to FDEP in accordance with the requirements of the Water Quality Monitoring Plan of the Class I Landfill permit. It has been assumed that the laboratory analyses will be performed by the SWDD's contracted analytical laboratory (i.e., Eurofins) and has therefore not been included in the budget estimate. Additionally, in accordance with previous well installations related to assessment of the Class I Landfill, the soil cuttings from the well installations will be drummed. A cost for disposal of the soil drums is not included in the budget estimate. Phase 7: Financial Assurance For Phase 7, Geosyntec proposed updating the Financial Assurance Cost Estimate (FACE) for Cells 1 and 2 of the Segment 3 Expansion at the Indian River County Landfill to include proposed Cell 3. The scope and corresponding budget estimate were prepared using the following assumptions. • The FACE will be prepared using quotes and unit rates obtained in 2024. • The work for this task would include completing DEP Form 62-701.900(28) (Closure Cost Estimating Form for Solid Waste Facilities) and updating the quantities that has been already calculated for the previous Cells. • The FACE will be prepared in a similar format to the submittal for Cells 1 titled "Section 17 - Financial Assurance", prepared by CDM Smith, and accepted by IRC SWDD on10 February 2020. • Geosyntec will provide one electronic copy of the draft documents to IRC for review and comments. Geosyntec will implement one round of revisions to finalize. • Geosyntec will submit the final signed and sealed FACE to FDEP and IRC in electronic format. NCP2323543UL23075 Proposal for Engineering and Construction Services kbtreview.doc etigineers I scientists i innovators 237 Mr. Himanshu Mehta, P. E. 2 February 2024 Page 8 Effort to respond to requests for additional information (RAIs) is not included. Should RAIs be received, Geosyntec will review and provide IRC with a budget estimate to respond to the RAIs. Phase 8: Miscellaneous Engineering Support Services This phase will address two issues associated with the operation of the expanded Class I landfill including: • Re -design and replacement of the Sligo pump in Cell 1 of Segment 3 Expansion; and • Design new system to reduce the leachate leakage of Cell 2 During the construction of Phase 1 of Cell 3 of Segment, SWDD requested the re -design and installation of a new pump station for Cell 1 of Segment 3. Geosyntec will evaluate the current Sligo pump station design and prepare construction drawings and specifications for the installation of a new pump. During the construction of Phase 1 of Cell 3 multiple leachate leaks were identified on the east and north portions of Cell 2, specifically entering the stormwater ditches. Geosyntec will evaluate the leaks and provide prepare construction drawing and specifications to mitigate the leakage. No budgeting for construction oversight is included in this proposal since it is not yet known if and when this recommendation would be implemented by SWDD. SCHEDULE Geosyntec schedule is based on the assumption that the procurement program terminating with the signing of the construction contract with the selected candidate contractor will be completed by 15 March 2024. Construction is estimated to require four months to complete with an additional month for project certification and FDEP approval. Thus, Cell 3 of the Segment 3 Expansion should be ready to accept waste by 1 October 2024. Geosyntec recognizes the importance of the schedule for SWDD and their need to obtain the required disposal capacity from the Cell 3 of Segment 3 Expansion of the Class I Landfill. Throughout the duration of the Project, Geosyntec will work diligently to meet those milestones and the schedule developed for the Project. BUDGET ESTIMATE The following assumptions were used by Geosyntec in developing the budget estimate presented below: NCP2323543UL23075 Proposal for Eng and Construction Services kbtreview.doc engineers f scientists i innovators 238 Mr. Himanshu Mehta, P. E. 2 February 2024 Page 9 • The total project duration will be 5 months with an anticipated start date on or 4 April 2012. The construction schedule, based on the Contract Documents, is anticipated to be 4 months (16 weeks). • QA/QC monitoring is budgeted for 10 hours per day, 6 days per week (60 hours per week). • All hours worked on the Project will be invoiced at the rates indicated in the detailed budget estimate with no premium charged for overtime. Geosyntec assumes that we will be compensated for any time over 60 hours per week should the Contractor elects to exceed this schedule. No standby time will be applied to the CQA personnel for days not worked, provided at least 40 hours are invoiced each week for the field CQA person. If federal statutory holidays are worked (i.e., Memorial Day, Independence Day, etc.) the rates provided will be doubled for hours worked on these days. Should the minimum weekly chargeability goal of 40 hours for each CQA personnel not be achieved (as a result of bad weather or other unforeseen circumstances), Geosyntec will demobilize the CQA personnel in order to control the budget. • Geosyntec will minimize courier fees by exchanging information between SWDD and Geosyntec via e-mail and follow-up by regular mail. However, some express shipments may be unavoidable. Although not included in this estimate, all shipping or other similar communication fees incurred will be invoiced at cost plus markup in accordance with the rate schedule. • Geosyntec CQA personnel require space for office work and small equipment storage while on site. SWDD will provide adequate field facilities with necessary utilities, and access to a phone and copier. Geosyntec will provide a mobile telephone to the CQA Site Manager and other technicians during the construction phase. • Geosyntec will provide a nuclear moisture/density gauge for use by the CQA personnel. It is assumed that a proper overnight storage area for the gauge will be provided. Other equipment that will be provided by Geosyntec will include; field computer, digital camera, data collectors, handheld GPS, and other miscellaneous field equipment. Geosyntec has elected to provide this equipment at no cost to SWDD. • Geosyntec will prepare a site-specific Health and Safety Plan specifically for use by Geosyntec CQA personnel employees working onsite. • Costs for expenses (including gas, tolls, field sampling supplies, truck rental and other project -specific purchases and expenses) will be invoiced at no additional increase or surcharge. NCP2323543UL23075 Proposal for Engineering and Construction Services kbtreview.doc engineers I scientists I innovators 239 Mr. Himanshu Mehta, P. E. 2 February 2024 Page 10 • Geosyntec proposes to provide a rental/company vehicle for use by Geosyntec CQA personnel on site at a daily unit rate of $150. Due to recent rapidly rising fuels costs, the daily unit rate for this vehicle does not include the costs of fuel and tolls which will be invoiced at cost. A budget estimate for the scope of work outlined in Phases 1 through 6 of this proposal is summarized below, with a detailed budget estimate provided as Attachment A. Phase 1— General Consulting/Meeting Support/Project Management $45,079.02 Phase 2 — Preparation of Issued for Construction (IFC) Documents $9,939.28 Phase 3 — QA/QC Services $376,839.12 Phase 4 — Construction Management $66,252.24 Phase 5 — Resident Engineering and Certification Services $80,076.20 Phase 6 — Installation of Monitoring Wells $44,043.70 Phase 7 — Financial Assurance $9,103.66 Phase 8 — Miscellaneous Engineering Support Service $35,811.92 TOTAL $667,145.14 Geosyntec will not exceed the cost estimate without prior approval and written authorization from SWDD. NCP2323543VU3075 Proposal for Engineering and Construction Services kbtreview.doc engineers I . I 240 Mr. Himanshu Mehta, P. E. 2 February 2024 Page 11 CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention. Please call the undersigned with questions you may have as you review this proposal. Timothy R. Copeland, Ph.D., P.E Engineer Kwasi Badu-Tweneboah, Ph.D., P.E. Senior Principal NCP2323543UL23075 Proposal for Engineering and Construction Services kbtreview.doc engineers 241 ATTACHMENT A SUBCONTRACTOR SERVICES 242 December 18, 2023 Peavey & Associates Surveying & Mapping, PA 9399 North Lake Buffam Road Fort Meade, F133841 Phone: 863-738-4960 Email: DebPeavey_(&peaveysgn eying_com Mr. Kwasi Badu-Tweneboah, Ph. D. P.E. Geosyntec Consultants 1200 Riverplace Boulevard, Suite 710 Jacksonville, Florida 32207 RE: Indian River County Vero Beach Landfill Cells 3 Construction I am pleased to offer the following proposal for surveying services at the above referenced project location. 1. SCOPE OF SERVICES The project consists of the following surveying services located at the above location as follows: PHASE 1 -Site Preparation Surveying • Task Four- Stakeout locations of groundwater monitoring wells and gas monitoring probes. • Task Five- Survey TOC (northing, easting, and elevation in NGVD29) for individual wells. Survey shall be prepared in accordance with the FDEP permit. Providing three (3) signed and sealed hard copies and electronic file. PHASE 11- Cell Construction Surveying • Task One: As -built survey of the preparation of the liner grade surface & anchor trench. • Task Two: As -built survey of the secondary liner geomembrane. Panels, repairs, destructs. • Task Three: As -built survey of the primary liner geomembrane. Panels, repairs, destructs, and liner tie-in. • Task Four: As -built survey of the 2' protective layer surface. • Task Five: As -built of the leachate collection system corridor pipes, sumps, manholes, force main, etc. • Task Six: As -built survey of the final improvements. Edge of liner markers and stormwater improvements. • Task Seven: Volume calculations for conformance check and for measurement and final payment purposes. Peavey & Associates Page I Surveying & Mapping, PA 243 -- Peavey & Associates Surveying & Mapping, PA 9399 North Lake Buffum Road Fort Meade, F133841 Phone: 863-738-4960 Email: DebPeavaRpeaveysurveying com Survey shall be on a square grid spaced not wider than 50 feet. Five copies of the final as - built drawings and electronic copy in Cadd will be provided. 2. REQUIREMENTS OF CLIENT • Receipt of an executed agreement. • Hard copy of the approved construction plans • Digital copy of plans. (pdf and cadd) 3. PROFESSIONAL FEES Compensation for the outlined services will be on a lump sum basis, billed monthly for completion percentages of work in progress, as followed: Task Four: 1,500.00 Task Five: 2,500.00 TOTAL $4,000.00 Task One: 5,000.00 Task Two: 6,000.00 Task Three: 600.00 Task Four: 6,000.00 Task Five: 4,000.00 Task Six: 4,000.00 Task Seven: 1,000.00 TOTAL $32,000.00 4. ACCEPTANCE OF TERMS Services requested by the CLIENT not listed in the above scope of work will be provided on a time and material basis in accordance with the "Hourly Rate Schedule" attached hereto as Exhibit "A". If the proceeding is satisfactory to you, please return a signed copy of this Agreement. Invoicing will occur monthly based upon the percentage or hours of work completed. Peavey & Associates Page 2 Surveying & Mapping, PA 244 Sincerely Peavey & Associates Surveying & Mapping, PA 9399 North Lake Buffum Road Fort Meade, F133841 Phone: 863-738-4960 Email: DebPeavey@,peaveysurveying.com Deborah L. Peavey, PSM Agreed to and accepted by: Owner or Owner's Authorized Agent Date EXHIBIT A HOURLY RATE SCHEDULE Senior Project Surveyor 175.00 Survey Crew 175.00 Peavey & Associates Page 3 Surveying & Mapping, PA 245 FiON OWllnlpi TMimO, be. ..w• rrfrarar,.ti.an. __ 7wlrgrr7v,...�ff6.b.e..... 2924 Fee Schedule A cba."Tb"m r.rr"6sr3.r Tr. s7rr Thr Thr Rbr"r" (rb.rrA4�1D8lrYV Dr1Cr (R) 31s.ab (-) BdRBpfdbG.* AIMM C127 In Paeir F.adm mbRlrArl3rf-C 3"drfW ARD" ON 160 Qmkw.Arbdr•3bA "m— ARM DDI 170 N,bl Yd,Rlb AW%.b-NYi—r ARM DMZ 130 N. o.bkw3L" ARM D427 653 ftw"hrrdrB(AYWdr3YbdC) ARM DIN 715 N 3 Rpaib Drr4 ARTY DW In IId•blrPbrir2008iae MseN,.2do) ARIY D1160 90 IiiMtlrar-eW(Add330rMrOndC) ARM D1557 270 Nrb3 CoagwowtImmy-sm—ow" ARIM DY83 630 Ibmf6r"CrprrrNrfR!(gbSe'Disrf� ARM MI" 160 (Pwkmy3120) YW�Crbr ASTM =16 16 RWdW6RPW—bft(IjrrA43'D7W ARM DU34 295 gribywprbp�YryfifYrrriDbrld 75 RyUWYlsrb011y(TAWrBr6SDW ARTY D2434 333 Olffbm Fl."r+rdl�Yr/yrr.Y.lr.rtDm"pe 95 0rrD�ll�ICrrYddf'r(7.ADbrdfA ARM DY35 660 N"4&5 1biAd1YL"dr8lmdLY�Mnbfd 65 "p�rPffpWr(brr9 A D-iddfrlbf M0.1rpr! 4'=14 dd as [I�ii"mlEt�rrrOpf!<tz0.0mra. 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Nrun. t.t.mwrrammaa meanmalaim nrrte o cH]. 1Rb27ne tet aarlrbr tim6..n aM RIrN�im NTM � ]9Il Nr. ]: YnNK I.ksym nRmb.fane6.mm e.netnn (wim .ppfiubb} Nr.1:91a^mimrr29.gY"lai O.�ebe b.e., wbL.. mbtl.1. memvmmrtim�Puwe.f]x,a,Pfw t.W vat eu.e.n.fe Ny.. lIfYS: n.madamfp...rr16,.aar. Nwbnrsi.f rW.rl®m.amew.r toa.n na..a wu me.r.mine. rvan eivm �aW uentrmnia. af�a wi,. 1brrrr�rrria.nem wm.awm ae.rP=�.+.na] e.n. m<ear®taoa ma.ate..fP6a. 11rR7kr.frYRmABIM m6a, AS7M,xxle me A3TiH oxsJtrons>.a n9y®.e fo me nlaWim. 246 ® 'Ea�I�wov. r..ch�Ic�I T�atin9lnc—__ T ,..pw2024 Fee Schedule B �� m Gwtechtiril TYX�( eetlq Cort More TV S71N IQ M ASTM DM37 ASTM DMT4 MM3 MU13 WYwwYtrr�ilYNYY�g1YMYffY�IYY�M�WY�YYrY�srt..fWrYigYFYYpw Y�rO WM�Y�Ibw✓WY/Ygb�YYfrt�ffi�r:YYYiI�Y,YYst.��k sa.f ue�yd'Y�IgY�eq. Www.erroY�..rftrYr.Yaa.mr.ro.r.+r Y.ra�rt u.m.f u.r�l.er.w.w.Yf. ', Yrl:brrrrrr..mm..e.waTrY.YASTM o erl>. 'YYf9bMaWWrm.ima..n me�w�. wmf.im �fo]su Nae 3: riirywoYmym semvc orane5eam mesme (aem nvs�k? rvae ebsl•eve�r4 �.mrmo.wY.l.®®mamotitleeoeps�mef];boa pfeetl eY �w e�nmear6bn Na6. Fora vm �m�w muemn ofl . of.bmins. No4 tr�nYfsm��uanymu�m a(Ms pab. Na<]. fo�mvmmw of]Lp 5omevW nand ofpvmm� Mv: hp, Wedulymebiq av�wlbe wNY 247 TESTING,. RESEARCH, CONSULTI K A 0 L33 SERVICES Arti�iYiR�lf - t � Aihderson, S - l _*A TAW* $ 0* t . an, South Africa Quote Date: 1/31/2024 Timothy Copeland valid Until: 6/30/2024 CaeoSyntec Consultants Contact: Sam Allen ; sallen@tri-env.com 512-263-2101 3504 Lake Lynda Drive Po#: None Ste. 155 wo#: Orlando FL 32817 United States Prim. -Second. GCs Transmissivity - Profiled, 100 hr, 2 loads, 1 gradient Peel, MD Only (F904) Mass / Unit Area Grab Tensile Properties CBR Puncture, 50 mm Probe AOS - Apparent Opening Size Permittivity - Permeability Prim. Second. -Rain Flap GMs Density Thickness (Textured) Tensile Properties, Index (D638) Carbon Black Content Carbon Black Dispersion GCL Testing Index Flux LCS-ToeDrain GTs Mass per. Area Grab Tensile Properties Trapezoidal Tear CBR Puncture, 50 mm Probe AOS - Apparent Opening Size Permittivity - Permeability In -plant Sampling In -plant Sampling, Sample Management - US Plants Test Method Unit Cost/Unit Extension ASTM D4716 20.00 850.00 17,000.00 ASTM D7005 20.00 69.00 1,380.00 ASTM D5261 20.00 35.00 700.00 ASTM D4632 20.00 69.00 1,380.00 ASTM D6241 20.00 125.00 2,500.00 ASTM D4751 20.00 125.00 2,500.00 ASTM D4491 20.00 115.00 2,300.00 Sub -total Prim. -Second. GCs (USD): 27,760.00 Test Method Unit Cost/Unit Extension ASTM D1505 11.00 35.00 385.00 ASTM D5994 11.00 28.00 308.00 ASTM D6693 11.00 69.00 759.00 ASTM D4218 11.00 45.00 495.00 ASTM D5596 11.00 52.00 572.00 Sub -total Prim. -Second. -Rain Flap GMs (USD): 2,519.00 Test Method Unit Cost/Unit Extension ASTM D5887 5.00 259.00 1,295.00 Sub -total GCL Testing (USD): 1,295.00 Test Method Unit Cost/Unit Extension ASTM D5261 2.00 35.00 70.00 ASTM D4632 2.00 69.00 138.00 ASTM D4533 2.00 65.00 130.00 ASTM D6241 2.00 125.00 250.00 ASTM D4751 2.00 125.00 250.00 ASTM D4491 2.00 115.00 230.00 Sub -total LCS-ToeDrain GTs (USD): 1,068.00 Test Method Unit Cost/Unit Extension 38.00 86.00 3,268.00 3,268.00 Interface Friction Test Method Unit Cost/Unit Extension Internal Shear Strength of GCL ASTM D6243 2.00 750.00 1,500.00 ATMTE'�T1N, RES EAR�k�s.CO�1�UL�1ta.AND Ffi� �tE ;*- i *wWN,�, l—) IO% WA ["0qrt-kstraha I Suzhou -China ' Cullinan, South Africa ENYIR'OAMENTAL Quote Date: 1/31/2024 Timothy Copeland valid Until: 6/30/2024 GeoSyntec Consultants Contact: Sam Allen ; sallen@tri-env.com 512-263-2101 3504 Lake Lynda Drive Po#: None Ste. 155 wo#: Orlando FL 32817 United States 1,500.00 Interface Friction Testing Test Method Unit Cost/Unit Extension Multi -Layered Interface Friction Test ASTM D6243 2.00 1,600.00 3,200.00 Sub -total Interface Friction Testing (USD): 3,200.00 Project Management Test Method Unit Cost/Unit Extension Project Management Z-PROJMGT 8.00 86.00 688.00 688.00 Prim. -Second. -Rain Flap GMs Test Method Unit Cost/Unit Extension Peel and Shear - Seams ASTM D6392 100.00 46.00 4,600.00 Peel and Shear - Seams - SATURDAY ASTM D6392 0.00 85.00 0.00 Sub -total Prim. -Second. -Rain Flap GMs (USD): 4,600.00 Shipping Test Method Unit Cost/Unit Extension Shipping - Estimate (Invoice based on actual costs) 1.00 7,000.00 7,000.00 7,000.00 Estimation of Testing Total (USD): 52,898.00 NOTE: In the process of in -plant sample and sample management, samples collected at the manufacturer are processed and then shipped to our laboratory via a shipping service. Typically this service is UPS or Fedex. It is our default policy to use our own TRI shipping accounts for this service and to invoice the costs incurred plus a management fee to the client. In recent times, with higher costs for fuel and labor, the shipping costs have been very high. TRI works diligently to cut down on the mass and volume of samples shipped by in -plant processing including the preparation of coupons from across the product roll width, eliminating the need for a full roll width and its mass to be shipped. While we endeavor to provide a best guess estimate of the shipping costs associated with a given scope of work and the associated number of samples involved, we never know exactly what these costs will be and advise all clients to plan for a budget with ample funds for this required service. Still, if a client wishes to provide for its own sample shipment using its own shipping accounts, TRI requests the client to provide this information and specific instructions to the manufacturer from which TRI secures the samples, and also to TRI. Terms and Conditions 1. ACCEPTANCE: This proposal may be accepted by signing a copy (or by submitting a signed written purchase order which incorporates the terms contained herein by reference to the quotation number) and returning same to Seller before the services start, or within 90 days from the date of this proposal, whichever is earlier. As a condition precedent, all sales are subject to the approval of Sellers Credit Department. 2. PRICES AND PAYMENT: Net 30 Days unless otherwise agreed. INTEREST WILL BE CHARGED ON PAST DUE ACCOUNTS. INTEREST CHARGES WILL BE CALCULATED ON THE UNPAID BALANCE AT 1.25% PER MONTH (18% PER ANNUM) OR THE MAXIMUM RATE ALLOWED BY LAW. WHICHEVER IS LESS. 3. REMEDIES UPON DEFAULT: If Buyer cancels any or all of any portion of the contract after Seller has been provided samples with instructions to proceed, Buyer shall pay for all testing performed prior to cancellation. In the event that Buyer is more than thirty (30) days delinquent in payment of monies due Seller and it is necessary for Seller to employ the services of an attorney or collection agency to recover amount due Seller by Buyer, Buyer agrees to pay Seller all actual attorneys fees, out-of-pocket costs, travel expenses, investigation costs, court costs, judgment enforcement costs and any other incidental costs necessary to obtain payment. 4. LIMITATIONS: Unless otherwise expressly specified, nothing contained in the reports of TRI Environmental, Inc. shall be deemed to imply that Seller conducts any quality control program for the Buyer to whom the report is issued. Although TRI Environmental, Inc. reports may form a part of Quality Control Program conducted by the buyer, TRI Environmental, Inc. reports apply only to the standards or procedures identified and to the sample(s) tested and/or inspections made. Unless otherwise specified, the test and/or inspection results are not represented by Seller to be indicative of the qualities of the lot from which the sample was taken or of apparently identical or similar products. To the extent permitted by law, the client agrees to limit TRI Environmental, Inc. liability for the clients damages to the dollar value of testing performed. This limitation shall apply regardless of the cause of action or legal theory applied or asserted. Turnaround times are typical not absolute. 5. EXCLUSIVITY: TRI Environmental, Inc. reports are for the exclusive use of the Buyer to whom they are addressed. Any third party has a right to use only those reports that pertain to testing authorized by Buyer in writing and naming the third party(s). TRI Environmental, Inc. reports, the name TRI Environmental, Inc. , or its insignia are not to be used by or on behalf of Buyer under any circumstances in advertising to the general public or in any other manner without Sellers prior written approval. Buyer agrees to hold Seller harmless and to defend and indemnify Seller against any liability or damage arising out of any use by Buyer of the name, seal, insignia, reports, or letters of Seller. In the event Buyer refuses to so indemnify Seller, and it is necessary for Seller to institute legal proceedings to enforce the terms of this paragraph, then Buyer agrees to pay Seller all actual attorneys fees and costs necessary to enforce compliance. 6. EXCLUSION OF CONSEQUENTIAL, AND INCIDENTAL DAMAGES: IT IS UNDERSTOOD THAT BUYER DOES NOT SEEK INDEMNITY FROM SELLER AGAINST ANY LOSSES OR DAMAGES. SELLER MAKES NO WARRANTY, EXPRESSED OR IMPLIED, RELATIVE TO THE SERVICES IT FURNISHES, AND BUYER AGREES THAT SELLER SHALL NOT BE LIABLE FOR THE PERFORMANCE OF THE PRODUCTS TESTED OR INSPECTED HEREUNDER. 7. WARRANTY: Seller warrants that the services performed hereunder shall be performed in a professional manner consistent with that exercised in the geosynthetic industry at the time and place the work is done. SELLER MAKES NO OTHER WARRANTY EITHER EXPRESSED OR IMPLIED RELATIVE TO THE SERVICES IT FURNISHES. 8. SAMPLE RETAINS: Samples not destroyed in testing are retained a maximum of 30 days and then discarded; however, upon prior written notice from Buyer to Seller, such samples can be shipped to Buyer on a collect basis or samples can be retained beyond 30 days at a monthly storage charge, billed in advance, for a designated period. 9. VENUE: Buyer and Seller agree that in the event of any dispute arising out of this agreement, any competent Court located in Travis County, State of Texas, shall have sole and exclusive jurisdiction to settle such dispute. Wavier by Seller of a breach of any of the terms and conditions hereof shall not be construed as a waiver of any other breach. This agreement shall be governed under and by the laws of the State of Texas. Terms 1. The budget presented here is based on provided information and an understanding there of. If assumed testing procedures, sample quantities, or sampling labor hours change, additional costs may be applied using the unit fees presented. If non -represented items are requried, TRIS fees for these specific items will be applied. 2. Payment: Net 30 Days 3. All results will be emailed TRI retains ownership of all generated and reported test results until client invoice is paid, and reserves the right to restrict use of reported test results until client invoice is paid. Please sign, date, and provide a PO number prior to initiating work Signature/Date PO Number TRI Environmental looks forward to working with you on a very successful project TRI ENVIRONMENTAL., INC - -� 250 , 9063 BEE C-pVES RD., AUSTIN, TX 78'J;ii �4PFfc6S 00.880E5T C>p _. .::� EARTH TECH DRILLING Environmental / Geotechnical 954-974-2424 2703 NW 19th Street, Pompano Beach, FL 33069 Monitoring Wells Sparge Wells Direct Push Geotechnical Drilling SONIC Drilling DATE 1/3/2024 CLIENT: Geosyntec I Joshua Udvardy PHONE (561) 922-1102 SITE: Indian River County Landfill -1325 74th Ave SW - Vero Beach, FL PROPOSED SCOPE OF WORK: Client to provide access to water source (Hand clear ALL locations to 5' or Refusal) (4) MW 2" x 20'w/ 10'.010" Screen (20/30 Sand) - 4" AGP Completion w/ 4 Bollards - 1/2 Hr Well Development (4) MW 2" x 40'w/ 5'.010" Screen (20/30 Sand) - 4" AGP Completion w/ 4 Bollards - 1/2 Hr Well Development (1) PZ 2" x 15'w/ 10'.010" Screen (20/30 Sand) - 4" AGP Completion w/ 4 Bollards - 1/2 Hr Well Development Drum Soil - Discharge Water onsite Soil Cores on Intermediate Wells and PZ. SONIC DRILLUnit Unit Rate Number of Units Extended Price Sonic Daily Rate (Compact Track) Price Includes a ten hour workday (7 to 5) Sonic Daily Rate 8" Sonic Sonic Casing Compact Track Loader / Water Support Unless otherwise stated in this quote. per day $3,900.00 3 $11,700.00 $0.00 perfoot $25.00 0 $0.00 $0.00 I per day 1 $575.00 1 3 $1,725.00 WELL MATERIALS 1" PVC Well Material (includes all annular backfill) perfoot $0.00 2" PVC Well Material (includes all annular backfill) perfoot $16.00 255 $4,080.00 4" PVC Well Material (includes all annular backfill) perfoot $0.00 Bentonite Pellets (Estimated 6 buckets per location) bucket $0.00 $0.00 Well Completion (includes 30 min. development, bolt -down manhole, concrete pad(2'x2' or 10" circle) & lockable well cap 8" Bolt -down completion 12" Bolt -down completion PVC Stickup Completion w/ Development 4" Above Grade Protector (Aluminum) Bollard per well $0.00 per well $0.00 per well $0.00 per well $310.00 9 $2,790.00 each 1 $125.00 1 36 1 $4,500.00 MISCELLANEOUS Mobilization (Sonic Drill with all associated equipment) roundtrip $1,500.00 1 $1,500.00 Daily Mobilization (to and from site per day) per day $0.00 Per Diem per night. $575:00 3 $1,150.00 Permits each $110.00 2 $220.00 Borehole Abandonment perfoot $12.00 tf $0.00 Water Meter and usage lump sum $1,200.00 0 $0.00 DOT Approved 55 -gal Drum (As Needed) each $80.00 6 $480.00 $0.00 Additional Well Development 1/2 hour $85.00 0 $0.00 Onsite Pre -Drill Meeting each $0.00 Standby / Difficult Moving Time per hour $550.00 $0.00 Days to Complete Scope of Work 3 Submitted By: Cha4,*1e*'8UC4Wr C'8TOTAL QUOTE PRICE $28,145.00 251 ATTACHMENT B DETAILED BUDGET ESTIMATE 252 Table 1 BUDGET ESTIMATE PHASE 2 - LINER INSTALLATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 1: GENERAL CONSULTING/MEETING SUPPORT/PROJECT MANAGEMENT ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $294.00 42 $12,348.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 0 $0.00 d. Project Professional Hr $224.00 0 $0.00 e. Professional Hr $198.00 42 $8,316.00 f. Senior Staff Professional Hr $178.00 15 $2,670.00 g. Staff Professional Hr $154.00 0 $0.00 Subtotal Professional Services $23,334.00 B. Technical/Administrative Services a. Site Manager/Construction Manager Hr $142.00 0 $0.00 b. Senior Engineering Technician Hr $99.00 0 $0.00 c. Engineering Technician Hr $83.00 0 $0.00 d. Senior Designer Hr $190.00 24 $4,560.00 e. Designer Hr $160.00 24 $3,840.00 f. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 g. Project Administrator Hr $85.00 48 $4,080.00 h. Clerical Hr $65.00 84 $5,460.00 Subtotal Technical/Administrative Services $17,940.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1 1.12 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $41,274 $1,238.22 d. CADD Computer System Hr $15.00 48 $720.00 e. Vehicle Rental & Fuel Da $150.00 12 $1,800.00 f. 8"x11" Photocopies Each $0.09 120 $10.80 g. CADD Drawings Each $3.00 12 $36.00 Subtotal Reimbursables $3,805.02 TOTAL ESTIMATED BUDGET: PHASE 1 45 079.02 253 Table 2 BUDGET ESTIMATE PHASE 2 - LINER INSTALLATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 2: PREPARATION OF IFC DOCUMENTS ITEM BASIS RATE QUANTITY ESTIMATED COST Professional Services a. Senior Principal Hr $294.00 4 $1,176.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 0 $0.00 d. Project Professional Hr $224.00 0 $0.00 e. Professional Hr $198.00 12 $2,376.00 f. Senior Staff Professional Hr $178.00 8 $1,424.00 g. Staff Professional Hr $154.00 0 $0.00 Subtotal Professional Services $4,976.00 B. Technical/Administrative Services a. Site Manager/Construction Manager Hr $142.00 0 $0.00 b. Senior Engineering Technician Hr $99.00 0 $0.00 c. Engineering Technician Hr $83.00 0 $0.00 d. Senior Designer Hr $190.00 20 $3,800.00 e. Designer Hr $160.00 0 $0.00 f. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 g. Project Administrator Hr $85.00 0 $0.00 h. Clerical Hr $65.00 0 $0.00 Subtotal Technical/Administrative Services $3,800.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1 1.12 $0.00 Subcontractor Services $0.00 D. Direct nses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $8,776 $263.28 d. CADD Computer System Hr $15.00 20 $300.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.09 0 $0.00 g. CADD Drawings Each $3.00 200 $600.00 Subtotal Reimbursables $1,163.28 TOTAL ESTIMATED BUDGET: PHASE 2 9 939.28 254 Table 3 BUDGET ESTIMATE PHASE 2 - LINER INSTALLATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 3: QA/QC SERVICES ITEM I BASIS I RATE I QUANTITY I ES COSTED Professional Services $99.00 492 $48,708.00 c. Engineering Technician a. Senior Principal Hr $294.00 34 $9,996.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 0 $0.00 d. Project Professional Hr $224.00 0 $0.00 e. Professional Hr $198.00 66 $13,068.00 f. Senior Staff Professional Hr $178.00 52 $9,256.00 g. Staff Professional Hr $154.00 0 $0.00 Subtotal Professional Services $32,320.00 B. Technical/Administrative Services a. Site Manager/Construction Manager Hr $142.00 972 $138,024.00 b. Senior Engineering Technician Hr $99.00 492 $48,708.00 c. Engineering Technician Hr $83.00 0 $0.00 d. Senior Designer Hr $190.00 0 $0.00 e. Designer Hr $160.00 8 $1,280.00 f. Senior Qrafter/Senior CADD Operator Hr $145.00 0 $0.00 g. Pro'ect!Administrator Hr $85.00 1 0 $0.00 h. Clerical Hr $65.00 1 32 $2,080.00 Subtotal Technical/Administrative Services $190,092.00 C. Indirect Expenses a. Subcontractor Services - Peavey Each $36,000.00 1.12 $40,320.00 a. Subcontractor Services - Excel Each $20,525.00 1.12 $22,988.00 a. Subcontractor Services - TRI Each $52,948.00 1.12 $59,301.76 Subcontractor Services $122,609.76 D. Direct Expenses a. Lodging Da $150.00 112 $16,800.00 b. Per Diem Da $55.00 56 $3,080.00 c. Communications Fee 3% Labor $0.03 $222,412 $6,672.36 d. CADD Computer System Hr $15.00 8 $120.00 e. Vehicle Rental & Fuel Da $150.00 32 $4,800.00 f. 8"x11" Photocopies Each $0.09 500 $45.00 g. CADD Drawings Each $3.00 100 $300.00 Subtotal Reimbursables $31,817.36 TOTAL ESTIMATED BUDGET: PHASE 3 $376,839.12 255 Table 4 BUDGET ESTIMATE PHASE 2 - LINER INSTALLATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 4: CONSTRUCTION MANAGEMENT ITEM BASIS RATE QUANTITY ESTIMATED COST Professional Services a. Senior Principal Hr $294.00 60 $17,640.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 0 $0.00 d. Project Professional Hr $224.00 0 $0.00 e. Professional Hr $198.00 30 $5,940.00 f. Senior Staff Professional Hr $178.00 30 $5,340.00 g. Staff Professional Hr $154.00 0 $0.00 Subtotal Professional Services $28,920.00 B. Technical/Administrative Services a. Site Manager/Construction Manager Hr $142.00 144 $20,448.00 b. Senior Engineering Technician Hr $99.00 0 $0.00 c. Engineering Technician Hr $83.00 0 $0.00 d. Senior Designer Hr $190.00 40 $7,600.00 e. Designer Hr $160.00 0 $0.00 f. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 g. Project Administrator Hr $85.00 8 $680.00 h. Clerical Hr $65.00 24 $1,560.00 Subtotal Technical/Administrative Services $30,288.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1 1.12 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $59,208 $1,776.24 d. CADD Computer System Hr $15.00 40 $600.00 e. Vehicle Rental & Fuel Da $150.00 30 $4,500.00 f. 8"x11" Photocopies Each $0.09 200 $18.00 g. CADD Drawings Each $3.00 50 $150.00 Subtotal Reimbursables $7,044.24 TOTAL ESTIMATED BUDGET: PHASE 4 $66,252.24 256 Table 5 BUDGET ESTIMATE PHASE 2 - LINER INSTALLATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 5: RESIDENT ENGINEERING AND CERTIFICATION SERVICES ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $294.00 40 $11,760.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 0 $0.00 d. Project Professional Hr $224.00 0 $0.00 e. Professional Hr $198.00 80 $15,840.00 f. Senior Staff Professional Hr $178.00 80 $14,240.00 g. Staff Professional Hr $154.00 0 $0.00 Subtotal Professional Services $41,840.00 B. Technical/Administrative Services a. Site Mara er/Construction Manager Hr $142.00 0 $0.00 b. Senior Engineering Technician Hr $99.00 0 $0.00 c. Engineering Technician Hr $83.00 0 $0.00 d. Senior Designer Hr $190.00 80 $15,200.00 e. Designer Hr $160.00 80 $12,800.00 f. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 g. Project Administrator Hr $85.00 8 $680.00 h. Clerical Hr $65.00 48 $3,120.00 Subtotal Technical/Administrative Services $31,800.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1 1.12 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $73,640 $2,209.20 d. CADD Computer System Hr $15.00 160 $2,400.00 e. Vehicle Rental & Fuel Da $150.00 4 $600.00 f. 8"x11" Photocopies Each $0.09 300 $27.00 g. CADD Drawings Each $3.00 400 $1,200.00 Subtotal Reimbursables $6,436.20 TOTAL ESTIMATED BUDGET: PHASE 5 $80,076.20 257 Table 6 BUDGET ESTIMATE PHASE 2 - LINER INSTALLATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 6: INSTALLATION OF MONITORING WELLS ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $294.00 1 $294.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 2 $508.00 d. Project Professional Hr $224.00 0 $0.00 e. Professional Hr $198.00 6 $1,188.00 f. Senior Staff Professional Hr $178.00 45 $8,010.00 g. Staff Professional Hr $154.00 0 $0.00 Subtotal Professional Services $10,000.00 B. Technical/Administrative Services a. Site Manager/Construction Manager Hr $142.00 0 $0.00 b. Senior Engineering Technician Hr $99.00 0 $0.00 c. Engineering Technician Hr $83.00 0 $0.00 d. Senior Designer Hr $190.00 4 $760.00 e. Designer Hr $160.00 0 $0.00 f. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 g. Project Administrator Hr $85.00 1 $85.00 h. Clerical Hr $65.00 1 $65.00 Subtotal Technical/Administrative Services $910.00 C. indirect Expenses a. Subcontractor Services - Earth Tech Each 1 $28,145.00 1.12 $31,522.40 Subcontractor Services $31,522.40 D. Direct Expenses a. Lodging Da $150.00 3 $450.00 b. Per Diem Da $55.00 3 $165.00 c. Communications Fee 3% Labor $0.03 $10,910 $327.30 d. CADD Computer System Hr $15.00 4 $60.00 e. Vehicle Rental & Fuel Da $150.00 4 $600.00 f. 8"x11" Photocopies Each $0.09 0 $0.00 g. CADD Drawings Each $3.00 3 $9.00 Subtotal Reimbursables $1,611.30 TOTAL ESTIMATED BUDGET: PHASE 6 L41143.70JI 258 Table 7 BUDGET ESTIMATE PHASE 2 - LINER INSTALLATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 7: FINANCIAL ASSURANCE COST ESTIMATE ITEM IF - BASIS RATE QUANTITY ESTIMATED COST Professional Services a. Senior Principal Hr $294.00 4 $1,176.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 0 $0.00 d. Project Professional Hr $224.00 0 $0.00 e. Professional Hr $198.00 8 $1,584.00 f. Senior Staff Professional Hr $178.00 24 $4,272.00 g. Staff Professional Hr $154.00 1 0 $0.00 Subtotal Professional Services $7,032.00 B. TechnigWAdministratilve Services a. Site Manager/Construction Manager Hr $142.00 0 $0.00 b. Senior Engineering Technician Hr $99.00 0 $0.00 c. Engineering Technician Hr $83.00 0 $0.00 d. Senior Designer Hr $190.00 8 $1,520.00 e. Designer Hr $160.00 0 $0.00 f. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 g. Project Administrator Hr $85.00 2 $170.00 h. Clerical Hr $65.00 0 $0.00 Subtotal Technical/Administrative Services $1,690.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1 1.12 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $8,722 $261.66 d. CADD Computer System Hr $15.00 8 $120.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.09 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursables $381.66 TOTAL ESTIMATED BUDGET: PHASE 79 103.66 259 Table 8 BUDGET ESTIMATE PHASE 2 - LINER INSTALLATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 8: MISCELLANEOUS ENGINEERING SUPPORT SERVICES ITEM IF - BASIS RATE QUANTITY ESTIMATED COST Professional Services a. Senior Principal Hr $294.00 16 $4,704.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 0 $0.00 d. Project Professional Hr $224.00 0 $0.00 e. Professional Hr $198.00 60 $11,880.00 f. Senior Staff Professional Hr $178.00 30 $5,340.00 g. Staff Professional Hr $154.00 0 $0.00 Subtotal Professional Services $21,924.00 B. Technical/Administrative Services a. Site Manager/Construction Manager Hr $142.00 0 $0.00 b. Senior Engineering Technician Hr $99.00 0 $0.00 c. Engineering Technician Hr $83.00 0 $0.00 d. Senior Designer Hr $190.00 40 $7,600.00 e. Designer Hr $160.00 20 $3,200.00 f. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 g. Project Administrator Hr $85.00 0 $0.00 h. Clerical Hr $65.00 6 $390.00 Subtotal Technical/Administrative Services $11,190.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1 1.12 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 2 $300.00 b. Per Diem Da $55.00 2 $110.00 c. Communications Fee 3% Labor $0.03 $33,114 $993.42 d. CADD Computer System Hr $15.00 60 $900.00 e. Vehicle Rental & Fuel Da $150.00 2 $300.00 f. 8"x11" Photocopies Each $0.09 50 $4.50 g. CADD Drawings Each $3.00 30 $90.00 Subtotal Reimbursables $2,697.92 TOTAL ESTIMATED BUDGET: PHASE 81 35811.92 260 16-13,3 SWDD Item Indian River County, Florida Solid Waste Disposal District (SWDD) Board Memorandum Date: February 1, 2024 To: The Solid Waste Disposal District Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, SWDD Subject: Award of Bid for Class 1 Landfill Segment 3 Cell 3 Phase II Project (Bid #2024027) Descriptions and Conditions: The Indian River County (IRC) Solid Waste Disposal District (SWDD) requested the solicitation of bids for the Phase 2 construction of Cell 3 of Segment 3 Expansion of the Class 1 Landfill (hereafter referred to as the Project) at the IRC Landfill. SWDD utilized Geosyntec to provide the initial design, permitting, and bidding assistance for the Phase 1 project in accordance with the approved Work Order No. 18 dated November 22, 2022, in the amount of $171,304.71, and the approved Amendment No. 1 to Work Order No. 18, in the amount of $39,783.73, for a total engineering cost to date of $211,088.44. Phase 1 of the project was limited to site preparations, which include the earthwork for the subgrade of Cell 3, appropriate routing of the perimeter stormwater ditch, and any impacts to groundwater monitoring wells and landfill gas probes, as necessary. This work was awarded to Ryan Incorporated Southern (Ryan) on June 30, 2023, for a grand total in the amount of $5,848,249.10, which includes a 15% contingency amount of $762,815.10. This project is near completion and ready for the Phase 2 project, which is the construction of Cell 3 liner and leachate control systems and appurtenant structures including an access ramp into the Cell 3. SWDD authorized Geosyntec on April 4, 2023, under Work Order No. 1 in the amount of $139,129.70, to provide professional and support services for the procurment of a construction contract for the approximately 10.5 acre Segment 3 Cell 3. Bid Results: Advertising Date: November 19, 2023 Bid Opening Date: January 10, 2024 Demandstar Broadcast to: 729 Subscribers Specifications/Plans Downloaded by: 22 Plan Holders Replies: 4 Vendors 03ef8ba3-e816-432e-95cf-28a2c2e3d8ee 2&fe 1 of 4 SWDD Item Bidder Location Total Bid Grand Total Engineer's Estimate $6,961,007.50 Ryan Incorporated Southern Deerfield Beach, Florida (Corrected to $5,997,958.00 $899,693.70 $6,971,211.45) Southeast Environmental Contracting, Inc. Orlando, Florida $8,611,200.00 Comanco Environmental Corporation Plant City, Florida $6,897,651.70 Thalle Construction Company, Inc. Hillsborough, NorthCarolina $8,799,046.75 $7,683,022.92 $1,152,453.44 $8,835,476.36 Analysis: This Phase 2 Project provides for the installation of an engineered liner and leachate control systems for Segment 3 Cell 3. ENGINEERS ESTIMATES: On December 28, 2023, Geosyntec provided a 100 Percent Opinion of Probable Construction Cost for the project in the amount of $6,058,814.15 for Phase 2 Cell 3 Project, as included in Attachment 1. Geosyntec provided this estimate based on the material prices obtained from recognized suppliers as well as a review of recent bids and included a 15% contingency. ENGINEERS BID EVALUATION: On January 12, 2024, the IRC Purchasing Division provided a summary of the bid tabulation confirming that each of the bidders was responsive in submitting all the required information in the bid documents. On January 22, 2024, Geosyntec provided the evaluation of bids for this project, as summarized below, and included in Attachment 2. Bidder Grand Total Base Bid Contingency (15%) Grand Total Engineer's Estimate $5,268,534.04 $790,280.11 $6,058,814.15 Comanco Environmental Corporation $5,997,958.00 $899,693.70 $6,897,651.70 Ryan Incorporated Southern* $6,061,923.00 $909,288.45 $6,971,211.45 Southeast Environmental $7,488,000.00 $1,123,200.00 $8,611,200.00 Thalle Construction Company, Inc.* $7,683,022.92 $1,152,453.44 $8,835,476.36 * Geosyntec has corrected the minor mathematical errors by Ryan and Thalle. Geosyntec also found each of the bidders responsive and performed a positive reference check on the apparent low bidder. Geosyntec recommends that the construction contract be awarded to the "lowest, responsive, responsible bidder", Comanco Environmental Corporation (Comanco) for the project, IRC Bid No. 2024027. Geosyntec recommends award of the contract in the amount of $5,997,958.00 with a contingency of 15%, in the amount of $899,693.70, for a total award of $6,897,651.70. All contingency amounts will require approval on a case-by-case basis for inclusion in the project. 03ef8ba3-e816-432e-95cf-28a2c2e3d8ee 2�e 2 of 4 SWDD Item PROJECT BUDGET: The total allocated funding for both Phase 1 and Phase 2 for Cell 3 Segment 3 is approximately $10,625,000, which consists of $1,050,000 for engineering and $9,575,000 for construction. The engineering cost for Phase 1 is $211,088.44 and based on Geosyntec's proposal for Phase 2 (to be approved under a separate agenda item) the engineering cost for Phase 2 will be $806,274.84, resulting in a total engineering cost of $1,017,363.28. Geosyntec's final estimate for the completion of the Phase 1 Project by Ryan, Inc. is $5,823,625.00. However, combining this with the recommended award of Phase 2 Project to Comanco in the amount of $6,897,651.70 results in a total construction cost of $12,721,276.70. This results in a total engineering and construction cost for Phase 1 and Phase 2 to be $13,738,639.98, which is $3,113,639.98, or 29.3%, over the original budget of $10,625,000, and summarized in the table below: SUMMARYOF a •COSTS DESCRIPTION TOTAL Phase 1— Geosyntec $ 211,088.44 Phase 2 — Geosyntec $ 806,274.84 Total Engineering Costs $ 1,0171363.28 Phase 1— Ryan $ 5,823,625.00 Phase 2 - Comanco $ 6,897,651,70 Total• • fi Total Engineering and Construction Costs $13,738,639.98 Total Budget $10,625,000.00 Amount Over/(Under) Budget $3,113,639.98 or 29.3'Y As detailed in the attached Geosyntec's evaluation of bids, Comanco's bid was higher than the Engineer's estimate by 14%, with the second lowest bidder higher by 15%; however, the other two bidders were 42% to 46% higher, respectively. Geosyntec states that material and labor costs have increased significantly in recent years (especially after the COVID-19 pandemic) resulting in significantly high bids relative to engineering estimates in the environmental construction industry. Staff concurs with this trend. Funding: Funding, in the amount of $6,897,651.70, for Cell 3 project will be recorded in the operating SWDD/WIP/Cell 3 Landfill Expansion capital account, number 411-169000-22034. Since this is an operating capital project, the funds will come from the fund balance. Operating funds are derived from SWDD assessments and user fees. Description Account Number Amount SWDD/WIP/Cell 3 Landfill Expansion 1 411-169000-22034 $6,897,651.70 03ef8ba3-e816-432e-95cf-28a2c2e3d8ee 2Pje 3 of 4 SWDD Item Recommendation: Staff recommends that its Board approve the following: a) Award Bid No. 2024027 to Comanco Environmental Corporation of Plant City, Florida, as the lowest, responsive, responsible bidder for the Phase 2 construction of Cell 3 Segment 3 Expansion of the Class 1 Landfill project for a grand total in the amount of $6,897,651.70. b) Approve and authorize the Chairman to execute the sample agreement, as presented, pending receipt of the required bonds and insurance, and final approval by the County Attorney's Office as to form and legal sufficiency. So long as there are no changes in the dollar amount under this award, upon adequate completion of the work set forth in the Agreement, staff is directed to make final payment and release any retainage to Comanco Environmental Corporation after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: 1. Geosyntec Opinion of Probable Costs 2. Geosyntec Evaluation of Bids 3. Sample Agreement 03ef8ba3-e816-432e-95cf-28a2c2e3d8ee 2Mfe 4 of 4 ADDENDUM No. 4 SOLID WASTE DISPOSAL DISTRICT INDIAN RIVER COUNTY LANDFILL PHASE 2 - CELL 3 - SEGMENT 3 EXPANSION (11.5 AC.) ENGINEER'S ESTIMATE Item Work DescriptionAtem Na. 1 �OD�iiiR(oot-to-expsif%1fM11 Unit. Y Q...tied Unit Coal (S) Total Quwuty f f Cmt(5) 2 Staveying & N-BaRt (Noce 11) L' 1 f f Strunh.alFillg M71sill- sod l.vetiog of Top of finer Subbase Prior to Gowynmetia macellatim (Primarily Cut) 1,400 S 16.50 S 23,100. So taw swilYwbrk� S NAO a0e 4 Liner Prot«tive I.Ser A. 24 -in. Imw Proinctive Layer with Grading and Compwbm cyd 36,000 S 16.50 S 594,000. B. Ioter.11Sapanation Berm cyd 1,200 S 16.50 $ 191800. C. Tamporarylaterce1113-ith Ram Fiep cyd 1,700 S 16.50 S 28,050.00 5 Primary Geoconposite Drainage Layer q ft 499,500 S 1.00 $ 499,500.00 6 Primary 60 aril Textured HDPE Geomembrane eq it 499,500 S 1.17 $ 584,415.00 7 S -da y Geonompcaite Drainage Layer q it 499,500 S 1.00 $ 499,500.00 8 ISecondary 60 nal Textured HDPE Geommtbrme q A 499,500 S 1.17 S 584,415.0 9 G..rthcbc Clay Liner eq ft 499,500 S 1.36 S 679,320.00 10 Electrical Leak Location Survey IS 1 S 35,000.00 S 35,000.00 11 Liner Systat Ti" (Extrusion Weld/Doubla-track Fusion Weld) LF 1,300 $ 12.50 S 16,250.00 12 Geomenbrrre R..Ikp A. lGeornanibrane Rainflap q ft 37,100 S 1.17 S 43,407.00 B Extrusion Weld -Geomenibrene Samificlal Rainfi p In Primary HDPE Geomembrav LF 1J00 S 9.00 I 11,700.00 13 Anchor Trach LF 2,900 S 9.00 $ 26,100.00 Sobtohi CA 3 Liner System =1 S 3,621,457.00 teackate iCaftwdoa Qr DeecOow Sysinno 14 LCS Corridor A. Gemular Drainage Material (AASHTO No. 57) cyd 1,000 S 150.00 I 150,000.00 B. lGootextile Filter/Cushion with 2 -in. overlap and eewm d seam p yd 900 $ 4.00 I 3,600.00 15 IDS Additional Gannet Drainage I.yvr in Corridor aq yd 1,920 S 9.00 $ 17,280.00 16 IDS Granular Drainage Material (AASRTO No. 4) cyd 80 $ 200.00 S 16,000.00 10-i . Dia. SDR 17 Solid HDPE Curler Pip. (1 -hate Collection +leachate 17 Detection +Leachate Gravity Lim + Horimme7 Direction Drill) IF 510 S II5.00 I 58,650.00 12 in. Dia. SDR 21 Solid HDPE Containment Pipe (I -hate Collection +loathe[, I8 Detection+ Leachate Gravity Line + Horizontal Drecron Drill) U 510 S 115.00 S 58,650.00 19 10 -in. Dia. SDR 17 LDS Perforated Pipe & Fittings LF 350 S 115.00 S 4OX0.00 20 10 -in. Dia. SDR 17 L.CS Perfineted Pq,e & Fittings LF 1,300 $ 115.00 S 149,500.00 21 Toe Dram (Nate VE.) A- 6-i. Dia. SDR 17 Perforated HDPE Pipe IF 1,250 $ 115. $ 143,750.00 B. Toe Drain Corrector and Reducer each 2 $ 650. S 1,300.00 C. Granula Drainage Material (AASHTO No. 57) cyd 200 S 150. $ 30,000.00 D. GeotextileFilter/Cmhirn with 2 -in. overlap and uwn ataeam qyd 1,560 S 4.00 S 6,240.00 22 Jet Clemingeod VideolnapectionofLCSend LDS is 1 S 11,350.00 S 11,350.00 23 Trenches with Unpaved Easements IF 300 S 8.00 S 2,400.00 24 Excavation, Grading, and Compaction for Sump LS 1 I 1,428.00 S 1,428.00 25 1044. Dia. Perforated Leachate Detection Manifold each 1 $ 10,000.00 S 10,000.00 26 UCS & LDS Cl -w A 10-io. Dia Solid SDA -17 LCS Cleaout Pipe wilh Gmket, Senme Boot and W other Fuings LF 20 S 125.00 $ 2,500.00 B. 4%57X5" Fber Rif, -d Concrete Collar each 3 S 629.68 $ 1,889.04 C 10-i . Dis. Solid SDR -17 LDS Cleanout Pipe with Geekct, Saone Boot and all oma Fmmgs LF' 130 S 125.00 S 16,250.00 D. ICS & IDS Cleenad Cop and finings each 3 I 600.00 S 1,800.00 E. WYE Fininga for LCS Clemout each 1 S 750.00 S 750.00 27 Wall Sleeve with Mechanical Sad each 12 S 95.00 S 1,140.00 28 Liner Penetration Box each 3 I 8,000.00 $ 24,000.00 29 Valve and Box win Bot Pad each I $ 5,000.00 S 5,000.00 30 Comrete Slab for Control Panel each 7 I S 1,800.00 s 1,800.00 FL9363A\Engineer's Estimate Page 1 265 January 2024 ADDENDUM No. 4 SOLID WASTE DISPOSAL DISTRICT INDIAN RIVER COUNTY LANDFILL PHASE 2 - CELL 3 - SEGMENT 3 EXPANSION (11.5 AC.) ENGINEER'S ESTIMATE it—Work D..tptna/ltem N. N. Uebs Qoaatlty F.atl®ate4 unit Cwt(5) Total Coit (S) 31 Electrical, Conbel Pmol, Grwmdi g & lightning Proroctioo (Nate V) IS I S 45,000.00 I 45,000.00 32 IDS Puutp Station Sup Pimp e.b 1 S 200,000.00 S 200,000.00 33 IGS Manhole each 1 $ 9,000.00 S 9,000.00 34 mfmcemmta wound opening, LS 1 1 $ 5.000.001S 5,000.00 35 Inver Marken (Pont- Cx4-xgl each 2 $ 150.00I 300.00 36 BoUmrd Port with Eocammt each 5 $ 1 1 1 GoaGo I 5,500.00 37 limit ofRrasw Marken ewl 6 $ 25.0 $ 150.00 3g Marker Tape IF 800 I 5.0 $ 4,000.00 39 Port Mounted Pipe Support —1 2 S 50.00 S 100.00 40 8 -Ft. Aluminium Sign Pont t&ii2i =L Comate Footing emh 1 S 450 00 I 450.00 41 24-n. x 20-n. Wanurg each 1 I 400.00 S 400.00 42 Se.&epf each 1,000 $ 12.5 I 12,500.00 an 43 RTxrp(D—Skl-l271Vw w&Rgw&Ti. NQ 334,000 S 030 S 100,200.00 fdowlspokode Gtion S — S 1,138,127.04 44 u wl S 16,001 $ 1,600.00 45 Rwd&sod Ramp A. 1RCA- Provided by the Ctiem(Ww W 1 qd 1 150 $ 60.001 S 9,000.00 B. Snb&"hs Mahrid 100 $ 45. S 4,500.00 46 24-n. by 36-h, M 00p"Calvert I IF I 1"1 3 150.0014 19.500.001 18A Amyl 47 Emion, and Sedmeot Corbels L I 0 $ tOd,000. 48 ISite Restoration including Vegetation 0 S is~ $ 47,250.00 T" Wwdlacom - 5 147,257it7 80DTOTAL= $ 5,268,534.04 15% CONTINGENCY= $ 790,280.11 TOTAL= S 6,058,814.15 MobilmfionVe bllmdm (Item I) &h B ncl k ery pv d®o�o nquu d for JI cavgovcns of co—bo. speeded hacn a in d,c Cameactioe Dnwny end 1' TaLriul Sp.ificafiom. Theeurvry aefiv®a(Ikm 2) a rcA ,survcybg of..do,-odii.. priorbcomwcuon.-bulleuveye of.albs, lnv pmt.dv mvv. 1—Wk cogecm system, a fiw R' emery sed any curveyng n &d 0-4ham the dmafioa of d,, W j.t m. Evd,work q..iow arc n pal com —d qumfitks. Evlhwork pry ikmc -IW, JI mJ u heel, pncc, comp.% eW g & gcrcnVetrmuaJ fill. All gmeymheac gmnioce provided vc oehlletion quufiGa for bid eatmek puryma. MJerol supply gmvfilks ehdl be b.ed m ®filler mkwRamuk, appmvcd by Owmr. N. SwPN 9ur0lies ehJl iech,de w.k, ebpe, aochm trmeM1, aver4p, aed avy other Wj,ummt fenoa rcmesry to supply JI metrial b complve the wart. ImrO pry 9vetlna wig be baud an.aW square tuonge vvdred by 3rd poly eurvry. IrchWes JI vu[aial, egWpoun ud Wer requirM n nnll p,ergs, pyng, mekrs, verba, uJ oNv covgrarcndimtrummfioo el the Iucbele colkc0on eW dd.fioe syekme eW V. ewge. Q—ifi 'prerenal berm ve atim q—b- eW a Wd W wolfed by Comeckr. If gm,mtks ve fomd to be eigufiranly ddfercn, Co,m.ur ehJl mtify Comavcfion VI. .uw Qmeria rot provided ehJl be atimetW W verified by Camecmr. PeYmen elu0 W made on ewryW eW ukWetW quvnfies n e.ordence with the TechuW Sp.ifi.fiom. VII. ire Mn u curedy peedieg permit madifiufioo epprovJ by FDEP. FL9363A\Engineer's Estimate Page 2 266 January 2024 Geosynteccl' consultants Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 Subject: Bid Evaluation Phase 2 — Construction of Cell 3 Segment 3 Expansion Indian River County Landfill Facility Vero Beach, Florida Dear Mr. Mehta: 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904-858-1818 www.geosyntec.com 22 January 2024 Geosyntec Consultants, Inc. (Geosyntec) prepared this letter to provide Indian River County (IRC) Solid Waste Disposal District (SWDD) the results of an evaluation of the contractor bids for the Phase 2 construction of Cell 3 of Segment 3 Expansion of the Class 1 Landfill (hereafter referred to as the Project) at the IRC Landfill (IRCL) facility located in Vero Beach, Florida. The bid evaluation is a step in the procurement process undertaken by the SWDD to select the most cost-effective contractor for the Project, and was requested by Mr. Himanshu Mehta, P.E., Managing Director of SWDD. The remainder of this letter presents: (i) project background; (ii) bid process; (iii) summary and evaluation of bids; and (iv) recommendations. PROJECT BACKGROUND On 4 April 2023, the SWDD Board authorized Geosyntec through Work Order No. 1 of the Agreement for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion, and Cell Construction dated 4 April 2023 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("CONSULTANT") to provide professional and support ser vices for the procurement of a construction contract for the approximately 10.5 -acre Cell 3 of Se gment 3 Expansion. The overall scope of the work for the Phase 2 construction Project cons ists of construction of Cell 3 liner and leachate control systems and appurtenant structures includ ing an access ramp into the cell, and development of Engineer's Cost Estimate (ECE) for the Pro ject. FL9363AUL24004 Bid evaluation for Phase 2 Cell 3 Segment 3 Expansion Final.doc 267 Mr. Himanshu Mehta, P.E. 22 January 2024 Page 2 Geosyntec subsequently completed the preparation of the bid documents for the procurement process and the IRC Purchasing Division (IRCPD) facilitated advertisement of the request for bid (RFB) which was published in the Indian River Press Journal on 19 November 2023. Geosyntec also prepared the ECE for the overall Project for use in comparing the bids received from contractors. BID PROCESS A mandatory pre-bid meeting was held at the IRCL facility on 29 November 2023 at 11:00 a.m. which was organized by the IRCPD and attended by seven potential bidders or contractors. Geosyntec provided assistance by describing the scope of work and details of the construction project, answered questions that were raised by the attendees, and accompanied them on a tour of the Cell 3 construction area. Geosyntec also provided technical support to the IRCPD and SWDD during the bid process by issuing addenda in response to bidders' questions. A total of four addenda were issued during the process. On 10 January 2024 the following four general contractors submitted their bids for the Project: • Comanco Environmental Corporation (Comanco) of Plant City, Florida; • Ryan Incorporated Southern (Ryan) of Deerfield Beach, Florida; • Southeast Environmental Contracting, Inc. (SEC) of Orlando, Florida; and • Thalle Construction Co, Inc. (Thalle) of Hillsborough, North Carolina. It should be noted that the four firms listed above are well known general contractors for landfill and other earthwork construction projects in Florida and the Southeast USA. However, Comanco and SEC both have in-house crew for installation of geosynthetics components of the Project, whereas Ryan and Thalle proposed to use subcontractors. Ryan is currently completing the Phase 1 of Cell 3 construction project which is essentially site preparation activities consisting primarily of the earthwork for construction of the subgrade prior to installation of the liner and leachate control systems. Comanco previously completed the Phase 2 Cell 1 of Segment 3 Expansion construction project in 2012-2013 while Thalle completed Cell 2 of Segment 3 Expansion and closure construction project in 2018-2020. Geosyntec has also worked with most of these firms on similar projects in Florida and the Southeast USA. SUMMARY AND EVALUATION OF BIDS The IRCPD and SWDD initially reviewed the four bids for completeness and accuracy (see Attachment A) and requested Geosyntec to review the four bids and provide a recommendation to SWDD on the cost proposals. Once again, the four bids that were reviewed came from FL9363AUL24004 Bid evaluation for Phase 2 Cell 3 Segment 3 Expansion Final.doc 268 Mr. Himanshu Mehta, P.E. 22 January 2024 Page 3 Comanco, Ryan, SEC, and Thalle. Our evaluation presented herein is based solely on the copies of the completed bid forms received from IRCPD and SWDD. Geosyntec utilized the bidder's completed forms to prepare a detailed Bid Comparison table included as Attachment B and a bid summary is presented below. The table shows that the total for the Base bids (including the 15% contingency) are: (i) $6,897,651.70 for Comanco; (ii) $6,971,211.45 for Ryan, (iii) $8,611,200.00 for SEC; and (iv) $8,835,476.36 for Thalle. Ryan's and Thalle's totals were corrected for calculation errors (see footnotes on Attachment B). Therefore, the lowest bid is from Comanco in the amount of $6,897,651.70. A more detailed analysis of the four bids relative to the ECE of $6,058,814.15 is also presented in Attachment A. The bids from Comanco and Ryan exceeded the ECE by 13.8% and 15.1 %, respectively. Significant or more than 30% exceedances for Comanco were observed in the following bid items: earthwork, leachate collection sump, and subtotal drainage ditch & access road; whereas the variation was lower for the following line items: general site preparation and liner system. The bid from Ryan was the second cost effective option, and it displayed similar trends in the item wise analysis. (Note however that Ryan proposed to use Comanco as subcontractor for the geosynthetics liner installation.) As for SEC and Thalle, the unit rates were significantly high when compared to both Geosyntec ECE and the two other bids discussed previously. Although the ECE was exceeded approximately by less than or equal to 15% for Ryan's and Comanco's bids, the above differences between the Contractors' bids and the ECE reflect the "Uncertainties in Cost Estimation" for construction projects in general. The unit prices of the line items with more than 30% exceedances were mostly obtained from Cell 2 Construction of the same project with an inflation factor, as well as from other similar projects, vendor quotes and databases. However, it appears that material and labor costs have increased significantly in FL9363AUL24004 Bid evaluation for Phase 2 Cell 3 Segment 3 Expansion Final.doc 269 Mr. Himanshu Mehta, P.E. 22 January 2024 Page 4 recent years (especially after the COVID-19 pandemic) resulting in significantly high bids relative to ECEs in the environmental construction industry. It should also be noted the 15% contingency adds $899,693.70 to the base bid submitted by Comanco. This contingency amount may not be utilized completely during construction. RECOMMENDATIONS Based on the review and evaluation presented above, Geosyntec recommends Comanco as the top bidder with lowest total cost to undertake construction activities required for the Phase 2 Cell 3 of Segment 3 Expansion. The exceedance for the total cost without the contingency would be $729,423.96, which can be funded by the contingency amount estimated by Geosyntec ($790,280.11) in the ECE. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact either of the undersigned at 904-450-4259. Sincerely, Ritaja Ray, Ph.D. Senior Staff Professional Timothy R Copeland, Ph.D., P.E. Engineer Kwasi Badu-Tweneboah, Ph.D., P.E. Senior Principal FL9363AUL24004 Bid evaluation for Phase 2 Cell 3 Segment 3 Expansion Final.doc 270 ATTACHMENT A SUMMARY OF BID OPENING BY IRCPD 271 O N N u0i o o^ n M 14 �o m O N L O ID N N P 01 C l0 01 rl Im 0) 00 01 I, kO 00 tD c0' paznu!4nj3S > > > > sjo33ejluo:)gnS > > r > ai!euuo!;sanb r r r > Aaa}eS y:)uaJ.L > > > > a.msol:)s!Q > > > > Puog We > > > > bd wJoi P!9 PauB!s > > > > b wnpuaPPV > > > > £ wnpuaPPd > > > > Z wnpuaPPd > > > > T wnpuappy > > > > c 0 O a E `o N V J m Z C d +' y O v ti �o y E o E c c o y i 5 C O > u m o CL c W 00 W Y N O C 'C O O c m ar > O O O L of v- I)L U F- N N ATTACHMENT B SUMMARY OF BIDS TABLE 273 U a F nn aakz� a � QQa�'o U U ee�a a x a X a'8'g `888888 $ 8.� 8 8 �, R $$ 8 8$ g g g eeeeee e$ e e a oeo88e e e �Rie�7 a ss:a� asa mxa s a ss ^�sa$.o a.a:axs.s.s.as 11 "$ • ege sa;" E X R - ,q _FSC-F=aS� $ $s. �8sg���a8 1" fi N 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 V nl G P 2 G G 9 P 0 888 8 88 8 8 88. 88 8 8 8 8 %8 8, 8 8888 S $ 8$ 8 8 8, 888888 8 8 _8-Aessgss- - i 3 = - »««»..««««« 8 8: :, 8 ». 8 »"""" 8 e 8 8 " 8 "» »»»»»»»» �, 8 8p 8 Sp 8 »- 8 »»»»»»»»»«»» 8 8 8 8 8 8 8 8y 8 8y 8g 8q g8g q q y y g q e$$�sesesa $. $ $.�' $Sea s s ss sesssgsg s g ss.egess.es.es. _ xaasq x. .q s c« »ruse=s„ �s saasaaosae F _ _ e aa�s=s^_sin gs8g ���� �s aassnadg s a$s�ss�s��`s »«a« as« eases a se a$$aasse s ssssss8s$sss sssssss�^s ash s��• _ �� �^��^�- _ -_ ------ e �'"ass55 e959j 5 $`� �iaee9$15� s ` Cy e3- `$- •p j � yR• g6 J� je{ v^ he ___ _$ _ _ _ _ _•R aasaa - Y, SAMPLE AGREEMENT SECTION 00530, Rev. 1— EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement" or "Contract") dated the day of in the year 20_ by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, which is apolitical subdivision in the State of Florida (hereinafter called OWNER) and Comanco Environmental Corporation of Palm City, Florida. (Hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. The work is generally described as follows: 1. Clearing, grubbing, and/or stripping the construction area as directed by the Engineer or Owner; 2. Use of appropriate dust control measures during earthwork operations; 3. Construction of access ramp for Cell 3 construction; 4. Furnish materials for general/structural fill that meets the Technical Specifications, placement and compaction to the subgrade grades shown on the Construction Drawings; 5. Cleaning of the Segment 3 final cover geomembrane or liner system geomembrane for tie-in (extrusion welding or double -track fusion welding as appropriate) to the Cell 3 — Segment 3 Expansion geomembrane liners; 6. Proofrolling of compacted fill or prepared subgrade surface prior to placement of the liner subbase; 7. Construction of Cell 3 — Segment 3 Expansion double liner system, including anchor trench and temporary intercell berm/rain flap; 8. Construction of leachate detection, leachate collection, and leachate transfer systems for Cell 3 — Segment 3 Expansion; 9. Construction of LCS manhole and LDS pump station; 10. Construction of Liner penetration boxes. 00530-1, Rev. 1 276 SAMPLE AGREEMENT 11. Construction of erosion and sediment control structures (including silt check dams, straw bale barriers in perimeter ditches, and silt fence) as necessary to facilitate construction and minimize erosion during storm events; 12. Clearing, grubbing, excavation, backfilling, compaction, grading, and proof rolling necessary to facilitate construction of previously mentioned components of Phase 2 of Cell 3 — Segment 3 Expansion. ARTICLE 2 ENGINEER The project has been designed by Geosyntec Consultants, Inc., hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 30 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Substantially complete the Work described in these Contract Documents. 2. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (b) From 90 calendar days to 120 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 00530-2, Rev. 1 4*] SAMPLE AGREEMENT 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence m/under this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraphs 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 ofthe General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but nol as a penalty) CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion from Day 91 to Day 120 , if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER eight hundred dollars ($800.00) for each day that expires after the time specified in Paragraph 3.2 for completion and readiness for final payment (after Day 121). The liquidated damages will not be compounded. 3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from exercising its right to seek other remedies including, but limited to, terminating the Contractor's right to proceed as provided in this AGREEMENT. 3.3.2 In addition to the above -stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $6,897,651.70. ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 00530-3, Rev. 1 278 SAMPLE AGREEMENT 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been 00530-4, Rev. 1 279 SAMPLE AGREEMENT completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 00530-5, Rev. 1 280 SAMPLE AGREEMENT 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.7 CONTRACTOR is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following documents which are incorporated by reference as if fully set forth herein: 8.1 This Agreement (Section 00530). 8.2 Public Construction Bond (Section 00610). 8.3 Notice of Award and Notice to Proceed (examples in Section 00800). 8.4 General Conditions (Section 00700). 8.5 Supplementary Conditions (Section 00800). 8.6 Specifications bearing the title "Phase 2 - Cell 3 Construction Class 1 Landfill - Seement 3 Expansion" as listed in the table of contents hereof. 8.7 Drawings, inclusive with each sheet bearing the following general title "Phase 2 - Cell 3 Construction Class 1 Landfill - Segment 3 Expansion. 8.8 Addenda numbers 1 to 4, inclusive. 8.9 CONTRACTOR'S Bid (Section 00300). 8.10 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. 00530-6, Rev. 1 281 SAMPLE AGREEMENT There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 OWNER and CONTRACTOR each bind itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. The indemnification is limited to $5 million per occurrence. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 00530-7, Rev. 1 282 SAMPLE AGREEMENT 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecordsna,indianriver.gov Indian River County Office of the County Attorney 180127" Street Vero Beach, FL 32960 C. Failure of the CONTRACTOR to comply with these requirements shall be a material breach of this Agreement. 00530-8, Rev. 1 283 SAMPLE AGREEMENT 9.10 TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. * REMAINDER OF THE SECTION LEFT BLANK INTENTIONALLY * 00530-9, Rev. 1 284 SAMPLE AGREEMENT IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. OWNER INDIAN RIVER COUNTY Susan Adams, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: K. Keith Jackman, Assistant County Attorney Ryan L. Butler, Clerk of the Circuit Court Attest: Deputy Clerk (SEAL) Designated Representative: Himanshu Mehta, Managing Director Solid Waste Disposal District 1325 74th Ave SW Vero Beach, FL 32968 Phone: 772-770-5112 an (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Designated Representative: Name: Title: Address: Phone: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) *END OF SECTION* 00530-10, Rev. 1 285