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HomeMy WebLinkAbout04/23/2024X 0 R1� E1 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, APRIL 23, 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 Chris Drinnon, Grace Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating April 24, 2024 as Administrative Professionals Day Attachments: Proclamation 5.B. Presentation of Proclamation Honoring Indian River County Department of Utility Services' Blue Cypress Wastewater Treatment Facility for their Selection to receive the 2023 Florida Department of Environmental Protection Domestic Wastewater Plant Operations Excellence Award Attachments: Proclamation April 23, 2024 Page 1 of 7 5.C. Presentation of Proclamation for National Telecommunicators Week April 14-20, 2024 Attachments: Proclamation 5.D. Presentation of Proclamation Designating the Week of May 6-12 as National Nurses Week Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of February 20, 2024 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 2nd Quarter FY 2023/2024 Budget Report Attachments: Staff Report 2nd Quarter Budget Report 7.B. Administrator Approved Work Orders Attachments: Staff Report Work Orders as of 4-1-24 7.C. Recognition of Life Saving Action Performed by Lifeguards Andrew Francoeur and Aaron Levy. Attachments: Memo from Town of Indian River Shores 7.D. Veterans Services Division Updates Attachments: Informational Flyer 8. CONSENT AGENDA 8.A. Annual Resolution Delegating the Authority to the County Administrator or his designee, to execute Resolutions Calling Letters of Credit as Necessary during a Declared State of Local Emergency or Declared State of Florida Emergency Affecting Indian River County Attachments: Staff Report Resolution 8.B. Annual Resolution re Delegation of Authority Concerning Declarations of State of Local Emergencies and to Act in a State Declared Emergency Affecting Indian River County Attachments: Staff Report Resolution April 23, 2024 Page 2 of 7 8.C. Revision to AM -604.1 Solicitation and Distribution Attachments: Staff Report AM -604.1 Solicitation and Distribution 8.D. Approval of Agreements for Software Purchase and Maintenance Attachments: Staff Report for software purchase 8.E. Amendment No. 1 Morgan and Eklund Work Order No. 4 for Post Significant Erosional Event Rapid Land and Hydrographic Beach Profile Surveys Attachments: Staff Report Morgan and Eklund WO No 4 Amendment No. 1 to WO No. 4 8.F. Stormwater Partnership with The Learning Alliance Attachments: Staff Report Letter of Engagement 8.G. Designation of Excess Equipment as Surplus and Authorization for Disposal Attachments: Staff Report Excess List for 042324 8.H. Waiver of Bid Requirement for FDOT-Certified Traffic Equipment Attachments: Staff Report Control Technologies Quote 8.I. First Amendment to Urban Service Boundary Study Agreement (RFP 2024025) Attachments: Staff Report First Amendment - Inspire 8.J. Automobile Liability Settlement for Carlene Paulk Attachments: Staff Report 8.K. Workers Compensation Settlement for Roger Harrington Attachments: Staff Report 8.L. Approval of Client Service Agreement for Utilities Bill Print and Mailing Services Attachments: Staff Report Utilities Contract Service Agreement April 23, 2024 Page 3 of 7 8.M. Work Order Number 2, Amendment No. 3 - New Restroom Facility at Fran Adams (North County) Regional Park Attachments: Staff Report Work Order 2 Amendment 3 Exhibit A W02 Amend No3 Manhours Exhibit 8.N. Request for Authorization to Submit an Application for Section 5311 Grant for Rural Transit Operating Assistance Funds Attachments: Staff Report Resolution Application Grant Form 8.0. Resolution of Support for 26th Street Widening Project Attachments: Staff Report Resolution Location Map 8.P. Resolution of Support for Aviation Boulevard Extension Project Attachments: Staff Report Resolution Location Map 8.Q. Appointment of Board of County Commissioners Alternate Representative to the MPO Bicycle Pedestrian Advisory Committee Attachments: Staff Report Application 8.R. Amendment to Work Order 3 to AtkinsR6alis USA for Continuation of Supplemental Staff Support Services Attachments: Staff Report AtkinsRealis WO 3 Amend 1 8.S. Work Order No. 3 - MBV Engineering, Inc., Traffic Operations Facility, IRC -2104 Attachments: Staff Report Work Order No. 3 8.T. Award of Bid No. 2024015, Oslo Road and 90th Avenue Roadway Improvements (IRC -2215) Attachments: Staff Report Sample Agreement April 23, 2024 Page 4 of 7 S.U. TLC Diversified, Inc. Change Order 4 and Kimley-Horn and Associates, Inc. Work Order 6 Amendment 2 for Oslo Water Treatment Plant Improvements Attachments: Staff Report IRCDUS NOI to Assess Liquidated Damages TLC's Response to IRCDUS NOI TLC Change Order 4 KHA WO 6 Amendment 2 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Consideration of an Ordinance of Indian River County, Florida Amending the Zoning Ordinance, and the Accompanying Zoning Map for +19.6 Acres from A-1, Agricultural District to RS -3, Single -Family Home Residential District (RZON2002030112-96026) [Quasi -Judicial] Attachments: Staff Report Zoning Map Future Land Use Map Application Ordinance 10.A.2. Consideration of Mod Units LLC Request for a Local Jobs Grant Attachments: Staff Report Jobs Grant Application Draft Jobs Grant Agreement B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Strategic Plan - Element Statements Attachments: Staff Report 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources D. Information Technology E. Natural Resources April 23, 2024 Page 5 of 7 F. Office of Management and Budget G. Parks, Recreation, and Conservation 12.G.1. Parks, Recreation & Conservation Department Fee Schedule and Standard Operating Procedures Update Attachments: Staff Report Exhibit A - Proposed PRC Fees Exhibit B - PRC Standard Operating Procedures H. Planning and Development Services 12.11.1. Traffic Signal Cabinet Wraps Project Attachments: Staff Report TSC 26th St & 66th Ave TSC 58th Ave & 41 st St TSC CR510&CR512 I. Public Works J. Utilities Services 13. COUNTY ATTORNEY MATTERS 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 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT April 23, 2024 Page 6 of 7 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.indianriver.gov The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6.00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. April 23, 2024 Page 7 of 7 DESIGNATING APRIL 24, 2024 AS ADMINISTRATIVE PROFESSIONALS DAY -Whereas, in the United States, Administrative Professionals Day is observed on Wednesday, April 24, 2024; and -Whereas, an Administrative Professional is able to act as a strategic partner with their Executive, increasing the executive's productivity and the success of an organization; and -Whereas, administrative professionals are indispensable support staff that coordinate often difficult to schedule meetings, create presentations to educate the public, act as a liaison between administration and citizens, and effortlessly manage a wide variety of day-to-day office needs; and -Whereas, as a master of time management and multitasking, the administrative professional ensures smooth and efficient business operations; and -Whereas, Indian River County recognizes our Administrative Professionals as the backbone of County operations, celebrates the extensive skills, knowledge, and expertise our Administrative Staff provide for all County residents, and honor our amazing staff on this day. Wow, 91herefore, be it Proclaimed by the Board of County Commissioners of InXtan River County, ,Florida, we recognize April 24, 2024 as Administrative Professionals Day. The Board of County Commissioners request all Indian River County residents to thank administrative staff for their dedication. Adopted this 23rd day of April, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss 1 5 . E, ProcCamatw'o"n- HONORING INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES' BLUE CYPRESS WASTEWATER TREATMENT FACILITY AS THE RECIPIENT OF THE 2023 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DOMESTIC WASTEWATER PLANT OPERATIONS EXCELLENCE AWARD -Whereas, the Wastewater Plant Operations Excellence award recognizes public drinking water and domestic wastewater facilities that demonstrate excellence in operation, maintenance, compliance, innovative treatment, waste reduction and pollution prevention, conservation, recycling, and other special achievements; and Whereas, on March 12, 2024, Indian River County, Department of Utility Services received the Florida Department of Environmental Protection's 2023 Domestic Wastewater Plant Operations Excellence award for the Blue Cypress Wastewater Treatment Facility; and -Whereas, Indian River County, Department of Utility Services has maintained and operated the Blue Cypress Wastewater Treatment Plant providing high-quality wastewater treatment to the Blue Cypress Community since 1993; and continues to seek opportunities to optimize the Plant to ensure an excellent level of wastewater treatment. Wow, 'Pherefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida, that the Board applauds Indian River County Department of Utility Services' Wastewater Department staffs hard work and efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service they have given to Indian River County and the Blue Cypress Community for the last 31 years; and Be it,FurtOi?rProciaime,4-that the Board of County Commissioners extends their support for the Departments' continued high degree of commitment to the operations and maintenance of the Blue Cypress Wastewater Treatment Facility! Adopted this 23rd day of April 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman 2 Proclamation RECOGNIZING NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK -Whereas, emergencies that require police officers, fire, or emergency medical services can occur at any time; and -Whereas, when an emergency occurs, the prompt response of police officers, firefighters, and paramedics is critical to the protection of life and preservation of property; and -Whereas, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Indian River County Sheriff's Office Dispatch Center; and -Whereas, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services and are a vital link for our police officers and firefighters by monitoring their activities, providing them with information, and ensuring their safety; and -Whereas, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their duties in the past year; and -Whereas, Indian River County Sheriff's Office Public Safety Dispatchers dispatched 171,232 calls for service for Law Enforcement and 35,936 calls for Fire Rescue in 2023; and -Whereas, Indian River County Sheriff's Office Public Safety Dispatchers answered 73,267 9-1-1 calls and 113,831 administrative calls; and -Whereas, Public Safety Dispatchers of the Indian River County Sheriff's Office have contributed substantially to the apprehension of criminals, suppression of crime, and treatment of patients, and they are knowledgeable and highly trained individuals who work closely with police, fire, and medical personnel. No,w, therefore, be it procCaimed by the Board of County Commissioners of Indian River County, Florida, that the week of April 14 through April 20, 2024, be designated as National Public Safety Telecommunications Week in Indian River County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. Adopted this 23rd day of April, 2024. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss 3 ProcCamati"M DESIGNATING THE WEEK OF May 6-12,2024 AS NATIONAL NURSES WEEK -Whereas, Registered Nurses in the United States constitute our nation's largest health care profession; and -Whereas, the depth and breadth of the registered nursing profession meets the different and emerging health care needs of the American population in a wide range of settings, including the frontline of the pandemic; and -Whereas, the American Nurses Association is working to chart a new course for a healthy nation that relies on increasing access to primary and preventive health care, and better utilization of all our nation's registered nursing resources; and -Whereas, professional nursing is an indispensable component of the safety and quality of care of hospitalized and non -hospitalized patients; and -Whereas, the demand for registered nursing services will be greater than ever because of the aging of the American population, emerging health challenges, the continuing expansion of life-sustaining technologies, and the explosive growth of home health care services; and -Whereas, more qualified registered nurses are needed in the future to meet the increasingly complex needs of health care consumers in this community; and -Whereas, along with the American Nurses Association, the Florida Nurses Association has declared May as Nurses Month, with the theme "Nurses Make the Difference," with appreciation for nurses' unparalleled impact during the pandemic, and their contributions to health care. Now, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida, that the week of May 6-12, 2024 be designated as National Nurses Week in Indian River County, and the Board encourages all residents to join us in honoring the registered nurses who care for all of us, not just during this month, but at every opportunity throughout the year. Adopted this 231 day of April, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss 4 77'� INFORMATIONAL ITEM Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: 4/16/24 THROUGH: John A. Titkanich, Jr., County Administrator FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: 2nd Quarter FY 2023/2024 Budget Report Following is the quarterly report for the second quarter of fiscal year 2023/2024. 5 .q I.. 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CO 10 N It It U N 'O fl. 3 N z O C N Ol ct 10 N «4 n O. O� N to+ 0+ z O w O U LULU W v N 0 N U _ 3 N N h M N O, O, v O M CC) N v v O . m U C O c_ 0 0 m U C b NI MI O h I P ' I O I M to} C' L LO I N mag LU U Z h Z ' I u w . 2 O. O I O, LO I R I O 'O U? U, I N I v OD O' M M O LO O to+ LU U z W Z a i Z a UJ W 3 O M 10 V O M N P 10 N F O 0 N N 61�- 00 O IO n N ts► U N 'O CL 3 N Z O C M M M NC' 61)- M gM M M P N 613, tF} Z O CC CC _N w Q 3 N 0 N U x LO3 h m M N O, O• 'O O 'O M Cl, N v 10 P n h n N 1f�- LO LO O N es► U W a Q z O U w w 2 O O U .t M O P N V N LO U w Q Z O N w LL O a a w w 2 O O O: M M O th N 10 V N N LO O (D U C 0 7 c_ N 0 2 U C V N O In v N n R «4 M O O v Nt N 69, 10 Lq n O� tR w U Z Q Z w w 2 O O Ol LO v M O 10 N N LO n Ui 00 N «g U) n P h N VW v Ol tfi Z O Q Z ca G o u O 3 O V N O P 10 q N N LOO ti! LU U Q Z,) >- I.- < w z LU U O M Lo O O� 10 N N LOO W O� 10 «4 10 O N 69 - Nr N Iq LO t.4 U w Q Z O N w LL O 5- w w 2 O O U M O P t\ N '7 LOO Q 01 N O Lo N C, N 0 N b4 tf} U Z U x x LL w w W z O U w LU 2 O U) O M N O Ol M M M O O• N 1\ N O LO 10 10 a0 M O N VW _M ri r' V+ co o N n N ui LU z_ uj Q Z) J m LL CO. m W) 'ct O O� h ri N sT LO 0 -O tf} tf} g U U Q a N Z Q Z w 0 O: LO V M O O� n N V 0 tf} 01 O 1 O N I I 69. 1 L ' � 1 "R 1 t/} 1 LO 1 I1 N1 .' _.! [ LUV) U > w N I Q Z O1 LU LL 1 OI w a. '• W � I OI O I O� I M I O I (2 1 L�) i NI N r J v C� C t U C C N a N O 0 cO G o L d N h N I 6�, 1 aD Lr) a0 v I *04- 04 i}N M clin i vq- 1 Q N O Q tnLU W H > r U Q O N Ol O C7 L? N N 0 u•� O N 7. Ba INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 1, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Administrator Approved Work Orders BACKGROUND: The Board has approved Continuing Consulting agreements with various firms under the Consultant's Competitive Negotiations Act (CCNA) to provide professional consulting services for Engineering, Architectural, Geotechnical, Environmental, Biological, Surveying and Mapping services. Section 105 of the Code of Indian River County authorizes the Administrator to approve work orders for CCNA agreements up to $35,000, and it is the Administrator's desire for the Board to be notified of those approvals. The related work orders are reviewed and approved by the Department Head, Purchasing, and the Attorney's Office, prior to execution by the County Administrator. Copies of these approved Work Orders are available for review in the Purchasing Division. As of April 1, 2024, the Administrator has authorized a total of 9 Work Orders with a combined total of $199,375•o8. RECOMMENDATION: There is no action required by the Board as this is being presented for informational purposes only. 21 00 O LA N M 01 01 ri N N N Y C C c C 00 0 0 0 0 W O 0O 0 0 E O o 0 0 0 0 a E o E O 0 0 0 0 a 14 Q N a L° ^ 00 aJ C C 0 0 rn c rn Ln Ln R Lr L!1 Ql L!1 Q LO al -O" V1 N al O N f, I, �-•I M L!1 lD p vJ in �n vt vJ to O in O f �n v> +n in Y Y Y O O O C LID 4 aJ O 0N C0LD U J C Y O L V v W v c ai= o = Q c a u O mw U O v CL U L c OJ aJ O. VC Ln L L. Y 0a O N al O` n U L E v C O pa L v01 M> c Y Ln Gl v -a v m o m O v '� O" a3i o u a m N n in O u u a N c n j v Ou o m a` 'a Ln u v n O C 7 �, •i \ U c C •� Q) L 3 CL U Y In a Ql N \ LU •C a) C 0 Y 0 al N O Y OJ GJ H Y v U u U .5 N -Fu0 Y U •� i- U E C � }- u U m 3 �' v ate+ O ba •UJ u C w £ C O aJ .� N •� O L N u O Y L 'O aJ na u a c aJ 'v OJ O m C C w ` cu 0-> .v a Ol " J o m V a C C ro Y C •� v a u V U > W, O C o -o U al AGO C N v Q a: "O C° C = C a 0 '^ O C — v •m as W N u N> v, O Y W L C — _ �n O Ja ca .J U ++ T 'O m {d aJ F- v ++ m y Q N 3 v o c 3 � c > E � z - v o IA C: W a 0 ' °o s G c O ~ c u L (1)Ln arc m O Y w laH Z c O LL E � O Ln ' Ln 1-4_ W m Gp N 1 7 OD m isC U U U H C +, C O LnO V 14 V O O Ln L v m v w O .- �p O. i N m .-+ NN O N N v v ra v v v O o U p aJ C c U C L O QJ �+ v = ail C i O E C ` O Q Q Q m C >, N Y Ja vi � C E -O C C C C E a/ a aJ to w-- > Q O a) aJ UJ v E a1 > aJ > ` ^ i U NN ~ (D�[ C W a a a Q a o Y Q Q Q C C C OD aJ in h N O D aJ E C v N E C C C C v v `a t .Y 'T faY Y N C ra .0C C C 'on 'co o ^ n O a oa a m on v a c v C C C C O N N N V N N O O O N O N O N N N NO a r14 O O ao ao�--N OC) � Q Q N n Q� N�� " v o N N m N m 0 c\-1 ci ci N +�+ m 0 +�+ m 0 .\-1 m m 00 O LA N M 01 01 ri N N N 0 Vero Beach Office PHONE: 772-226-1395 FAX: 772-770-5038 -OURS: M 0 N, TU ES, TH U RS, FRI BY APPOI NTM ENT ONLY. WALK -IN -WEDNESDAYS WITH FOR CONCERNS THAT TAKE 30 MINUTES OR LESS. 2525 ST LUCIE AVE, VERO BEACH, FL 32960 Att Wait Times are Cur.r Background: Melissa is a service - connected, disabled veteran that retired from the US Army as a Master Sergeant after 20 years of service. 25% of her 20 -year career was spent participating in numerous combat operations in Iraq and Afghanistan. l Melissa's highest military award is the Melissa Arndt Bronze Star Medal with two oak leaf clusters. Melissa is a member of various veteran's organizations within the county and sits as a voting board ` member for the Veterans Memorial island Sanctuary Committee. Sebastian Office PHONE: 772-226-1145 FAX: 772-581-4988 HOURS: MON, TUES, THURS, FRI BY APPOINTMENT ONLY. WALK -IN -THURSDAYS WITH MIKE FOR CONCERNS THAT TAKE 30 MINUTES OR LESS. 1235 MAIN STREET, SEBASTIAN, FL 32958 Background John C. Birhanzl, a Background. Michelle is a service -connected disabled veteran, four-year Veteran of the U.S. continues his service to his country fand :_' his sisters and brothers in arms Specialist and a Combat and their families. John served in the Medic, having served both in United States Air Force for 34 years Germany and Ft. Stewart, Ga. retiring at the rank of Senior Master Michelle has been in the Sergeant. John participated in healthcare field serv;ng as a numerous combat and support Healthcare Administrator, operations including serving in o h n B i r h a n z l theatre for Operation Desert Storm / Dementia Practitioner, and a Desert Shield, Hurricane Katrina Montessori Dementia Care relief efforts, Operation Iraqi Professional. Freedom, and Operation Enduring Freedom. Background: Born and raised in . €, South Florida Carri joined the United States Air Force in 1989 where she ,vas a K-9 officer in Law enforcement. Card had a break in service where she worked for several local citrus companies. She `` then re-enlisted in the Army after �At 9/11 and served an additional 19 yea -s. Carri retired as a Platoon e n ry Sergeant. "I am so blessed to have been given the opportunity to serve y veterans in my community." Sebastian Office PHONE: 772-226-1145 FAX: 772-581-4988 HOURS: MON, TUES, THURS, FRI BY APPOINTMENT ONLY. WALK -IN -THURSDAYS WITH MIKE FOR CONCERNS THAT TAKE 30 MINUTES OR LESS. 1235 MAIN STREET, SEBASTIAN, FL 32958 Background: Mike is a service -connected disabled veteran that retired from the Coast Guard as a Chief Petty Officer after 20 years of service. Mike is a proud father of two children and spends his time with them exploring the beaches and parks of beautiful Florida. Mike Deakyne 1 * 1 * 1 * 1 * 1 * 45 ALL Indian River County Veteran Service Officers are ACCREDITED by the: American Legion, Florida Department of Veterans Affairs and Disabled American Veterans r y � 1 E HE S S HEROES Background. Michelle is a four-year Veteran of the U.S. Army as a Nuclear Weapons Specialist and a Combat ' Medic, having served both in Germany and Ft. Stewart, Ga. Michelle has been in the healthcare field serv;ng as a Michelle Auto n ,a Healthcare Administrator, Assisted Living Administrator, Dementia Practitioner, and a Montessori Dementia Care Professional. Background: Mike is a service -connected disabled veteran that retired from the Coast Guard as a Chief Petty Officer after 20 years of service. Mike is a proud father of two children and spends his time with them exploring the beaches and parks of beautiful Florida. Mike Deakyne 1 * 1 * 1 * 1 * 1 * 45 ALL Indian River County Veteran Service Officers are ACCREDITED by the: American Legion, Florida Department of Veterans Affairs and Disabled American Veterans r y � 1 E HE S S HEROES 0 0 0 0 „-•AFw ur- % `, +'.RCa �',{,"r�`a�r�frswR w�raar ae'yc 7=. �� ..".a+ M -I If � � . J ' NOW AVAILABLE Walk -in -Wednesdays are now available in Vero Beach$; Walk -in -Thursdays are now available in the NEW Sebastian Office, located at 1235 Main Street Sebastian, FL 32958 Hours: 9:00 am- 12 pm, 1:00 pm -4:00 pm • 53% increased in calls and support from Quarter 1 last year to current year. • Hired and Trained 3 NEW accredited Veteran Service Officers. • Expanded support with NEW Sebastian Office. • Increased number of Veteran Office Visits by 8.4% in Quarter • Outreach for direct support at Piper Aircraft and Career Source. • Increased awareness through Senior Expo, Community Resource Fair, and Health Fair participation in Indian River County. • Helped coordinate Jackie Robinson Training Center donations to support over 40 local Veteran's with furniture donations. Indian River Property Appraiser Tax Exemptions for Veterans and Spouses of Veterans -Homestead -Widow/Widower -Low Income Senior • 100% Total and Permanent Disability Exemption -Disabled Veteran's Exemption Please go to the https://WW'N.ircpa.org/ to learn mcre about these exemptions and �NEf? needed documentation b .e• ap i* OR�9 ..' 0 µ7e � ✓ � �. y 1E Where May I file for a Veterans Exemption? A Florida drivers license is required. Vero Office: 1800 27th Street, Building B Vero Beach, FL 32960 Tel: (772) 226-1469 FAX: (772) 770-5087 Hours: Monday - Friday 8:00 - 5:00 Sebastian Office: 1921 U.S..Highway 1 Sebastian, FL 32958 Tel: (772) 226-1133 Hours: Monday Friday 8:00 - 5:00 And be sure to "Tell em, Wesley sent me” IRC aye:=• '`�,' ��'� ����,�; • • i • �lTY 54 CONSENT: 04/23/2024 0HCe of F.A. William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr. — County Administrator FROM: William K. DeBraal — County Attorney DATE: April 4, 2024 ATTORNEY SUBJECT: Annual Resolution Delegating the Authority to the County Administrator or his designee, to execute Resolutions Calling Letters of Credit as Necessary during a Declared State of Local Emergency or Declared State of Florida Emergency Affecting Indian River County The attached resolution delegates to the County Administrator, or his designee, the authority to execute resolutions calling letters of credit as necessary during a declared state of local emergency or declared State of Florida emergency affecting Indian River County from December 7, 2023 through December 31, 2024. Funding: There are no costs associated with this agenda item. Requested Action: Adopt the resolution delegating authority to the County Administrator, or his designee, to execute resolutions calling letters of credit as necessary during a declared state of local emergency or declared State of Florida emergency affecting Indian River County from December 7, 2023 through December 31, 2024. Attachment: Resolution 27 RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING THE AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING A DECLARED STATE OF LOCAL EMERGENCY OR DECLARED STATE OF FLORIDA EMERGENCY AFFECTING INDIAN RIVER COUNTY; RESCINDING RESOLUTION NO. 2022-93 EFFECTIVE DECEMBER 7, 2023; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; and WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty of improvements as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; and WHEREAS, during a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County, it is very unlikely that the Board of County Commissioners would meet; and WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period of such declared emergency; and WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator or his designee during the period of such declared emergency. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Resolution No. 2022-93 of the Indian River County Board of County Commissioners which speaks to delegation of authority to execute resolutions calling letters of credit as necessary during a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County is hereby rescinded in its entirety effective December 7, 2023. 2. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period of a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County. Any resolutions executed by the County Administrator or his designee, to call letters of credit during any declared State of Local Emergency or State of Florida Emergency affecting Indian River County are to be accompanied by a copy of this Resolution. 28 RESOLUTION NO. 2024- 3. The Effective Date of this Resolution is December 7, 2023, and this Resolution shall continue in effect through calendar year 2024. 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 H. Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this 23rd day of April, 2024. Attest: Ryan L. Bulter, Clerk of Circuit Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman 2 29 Offrce of CONSENT: 04/23/2024 8, B. INDIAN RIVER COUNTY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney MEMORANDUM TO: Board of County Commissioners ATTORNEY THROUGH: John A. Titkanich, Jr. — County Administrator FROM: William K. DeBraal — County Attorney DATE: April 4, 2024 SUBJECT: Annual Resolution re Delegation of Authority Concerning Declarations of State of Local Emergencies and to Act in a State Declared Emergency Affecting Indian River County The attached resolution delegates to the County Administrator, or his designee, the authority to declare states of local emergencies and to act in a State of Florida declared emergency affecting Indian River County from December 7, 2023, through December 31, 2024. Funding: There are no costs associated with this agenda item. Requested Action: Adopt the resolution delegating authority to the County Administrator, or his designee, to declare states of local emergencies and to act in a state declared emergency affecting Indian River County effective from December 7, 2023, through December 31, 2024. Attachment: Resolution 30 RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR TO DECLARE STATES OF LOCAL EMERGENCIES AND TO ACT IN A STATE OF FLORIDA DECLARED EMERGENCY AFFECTING INDIAN RIVER COUNTY; RESCINDING RESOLUTION NO. 2022-94 EFFECTIVE DECEMBER 7, 2023; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to declare that a state of local emergency exists in Indian River County to the County Administrator acting as Indian River County Emergency Services District Director for any local emergency that may arise from December 7, 2023 through calendar year 2024; and WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to issue orders and rules, including Emergency Orders, during a State of Florida declared emergency affecting Indian River County to the County Administrator acting as Indian River County Emergency Services District Director for any declared emergency that may arise from December 7, 2023 through calendar year 2024. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: Resolution No. 2022-94 of the Indian River County Board of County Commissioners which speaks to delegation of authority is hereby rescinded in its entirety effective December 7, 2023. 2. Commencing December 7, 2023, and continuing through December 31, 2024, the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, is hereby delegated the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(x)(5)(2021); and (ii) to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during a period of a declared emergency pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes sections 252.34 (2) and (4) respectively] exists in Indian River County, The 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 H. Earman Commissioner Deryl Loar Commissioner Laura Moss 31 RESOLUTION NO. 2024 - The Chairman thereupon declared the Resolution duly passed and adopted this 23rd day of April, 2024 with an effective date of December 7, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal, County Attorney Susan Adams, Chairman 2 32 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Suzanne Boyll, Human Resources Director DATE: April 4, 2024 SUBJECT: Revision to AM -604.1 Solicitation and Distribution BACKGROUND: Indian River County has established administrative policies outlining various policies, practices, and procedures applicable to County employees. AM -604.1 Solicitation and Distribution establishes guidelines and prohibitions related to solicitation and distribution of materials on County premises. Staff is requesting the policy be updated to reflect that the County Administrator may approve County hosted events on County property or within County buildings where the sale of goods, merchandise, solicitation of health services, or distribution of materials are intended to benefit employees of the County or other County Constitutional Officers such as meals designed to be consumed at a single setting or the annual employee health fair. FUNDING: There is no cost associated with this policy revision. RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve staff's recommendation to revise AM -604.1 Solicitation and Distribution. ATTACHMENTS: AM -604.1 Solicitation and Distribution 2024 Draft 33 POLICY: It is the policy of the County to prohibit solicitation and distribution on its premises by nonemployees except that nonemployees making solicitation or distribution of materials of a political nature may distribute materials or solicit signatures for petitions in a non -disruptive manner on County property but not within County buildings, or at non-public fora, such as the Sandridge Golf Club, the County Shooting Range, North County Aquatic Center and the Gifford Aquatic Center, which are not traditionally used as a forum for public communication. Employee solicitation and distribution of materials may only take place as outlined below. COMMENT: 1. Solicitation on County premises shall not be allowed as a general rule because it interferes with the normal operations of the organization, is detrimental to discipline and efficiency on the part of employees, is potentially annoying to customers/clients, and may pose a threat to security. Any authorized solicitation which is found to interfere with the normal working operations of County government shall cease upon such a determination made by the County Administrator. 2. The Board of County Commissioners authorizes general fund drives by a limited number of charitable organizations. Managers and employees may volunteer to assist these organizations by conducting their drives. Other organizations shall be approved/disapproved by the County Administrator or County Attorney for solicitation within their own subordinate groups only. Each employee may decide whether or not to contribute. There will be no discrimination against employees because of their willingness or unwillingness to participate. 3. Employees, including the County Administrator, County Attorney, Assistant County Administrator, and County Commissioners, are permitted to engage in solicitations or distributions of literature for any group or organization, including charitable organizations, only in accordance with the following restrictions. a. The sale of merchandise is prohibited on County premises. b. Solicitation and distribution of literature are prohibited during the time either the employee making the solicitations or distributions, or the targeted employee is on duty. The term "on duty" does not include an employee's authorized lunch or rest periods or other time when the employee is not required to be working. C. Distributions of material dealing with solicitation or distribution of literature/information are prohibited in work areas at all times. This includes distribution of information using the County's email system. Date approved by BOCC: 34 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -604.1 4/23/2024 MANUAL SUBJECT PAGE Solicitation and Distribution 2 of 2 It is the policy of the County to prohibit solicitation and distribution on its premises by nonemployees except that nonemployees making solicitation or distribution of materials of a political nature may distribute materials or solicit signatures for petitions in a non -disruptive manner on County property but not within County buildings, or at non-public fora, such as the Sandridge Golf Club, the County Shooting Range, North County Aquatic Center and the Gifford Aquatic Center, which are not traditionally used as a forum for public communication. Employee solicitation and distribution of materials may only take place as outlined below. COMMENT: 1. Solicitation on County premises shall not be allowed as a general rule because it interferes with the normal operations of the organization, is detrimental to discipline and efficiency on the part of employees, is potentially annoying to customers/clients, and may pose a threat to security. Any authorized solicitation which is found to interfere with the normal working operations of County government shall cease upon such a determination made by the County Administrator. 2. The Board of County Commissioners authorizes general fund drives by a limited number of charitable organizations. Managers and employees may volunteer to assist these organizations by conducting their drives. Other organizations shall be approved/disapproved by the County Administrator or County Attorney for solicitation within their own subordinate groups only. Each employee may decide whether or not to contribute. There will be no discrimination against employees because of their willingness or unwillingness to participate. 3. Employees, including the County Administrator, County Attorney, Assistant County Administrator, and County Commissioners, are permitted to engage in solicitations or distributions of literature for any group or organization, including charitable organizations, only in accordance with the following restrictions. a. The sale of merchandise is prohibited on County premises. b. Solicitation and distribution of literature are prohibited during the time either the employee making the solicitations or distributions, or the targeted employee is on duty. The term "on duty" does not include an employee's authorized lunch or rest periods or other time when the employee is not required to be working. C. Distributions of material dealing with solicitation or distribution of literature/information are prohibited in work areas at all times. This includes distribution of information using the County's email system. Date approved by BOCC: 34 d. The distribution of literature in such a manner as to cause litter on County property is prohibited. 4. Nonemployees are prohibited from soliciting funds or signatures, conducting membership drives, distributing literature or gifts, offering to sell merchandise or services, or engaging in any other solicitation or similar activity. 5. The County maintains bulletin boards to communicate County information to employees and to post notices required by law. These bulletin boards are for the posting of County information and notices only, and only persons designated by the Human Resources Manager may place notices on or take down material from the bulletin boards. 6. The County mail system is not intended for processing advertising or sales materials to employees unless the goods or services are related to the performance of their work duties. Materials received in the mail facility which are questionable will be challenged and the target employee may be asked to have the mailings stopped. 7. The County's email system is for County business purposes only and solicitation or distribution using the County's email system is prohibited unless authorized by the Board of County Commissioners, County Administrator or County Attorney as provided in #2 of this policy. 8. Notwithstanding the general prohibitions noted herein, the County Administrator, at his gr her rn'R dlsnrnfin , may approve County hosted events on County property or within County buildings where the sale of goods, merchandise, solicitation of health services, or distribution of materials are intended to benefit employees of the County or other County Constitutional Officers such as meals desianed to be consumed at a sinale settino or the annual emDlovee health fair. Date approved by BOCC: 35 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -604.1 4/23/2024 MANUAL SUBJECT PAGE Solicitation and Distribution 2 of 2 d. The distribution of literature in such a manner as to cause litter on County property is prohibited. 4. Nonemployees are prohibited from soliciting funds or signatures, conducting membership drives, distributing literature or gifts, offering to sell merchandise or services, or engaging in any other solicitation or similar activity. 5. The County maintains bulletin boards to communicate County information to employees and to post notices required by law. These bulletin boards are for the posting of County information and notices only, and only persons designated by the Human Resources Manager may place notices on or take down material from the bulletin boards. 6. The County mail system is not intended for processing advertising or sales materials to employees unless the goods or services are related to the performance of their work duties. Materials received in the mail facility which are questionable will be challenged and the target employee may be asked to have the mailings stopped. 7. The County's email system is for County business purposes only and solicitation or distribution using the County's email system is prohibited unless authorized by the Board of County Commissioners, County Administrator or County Attorney as provided in #2 of this policy. 8. Notwithstanding the general prohibitions noted herein, the County Administrator, at his gr her rn'R dlsnrnfin , may approve County hosted events on County property or within County buildings where the sale of goods, merchandise, solicitation of health services, or distribution of materials are intended to benefit employees of the County or other County Constitutional Officers such as meals desianed to be consumed at a sinale settino or the annual emDlovee health fair. Date approved by BOCC: 35 SaD, INDIAN RIVER COUNTY INFORMATION TECHNOLOGY DEPARTMENT DATE: April 11, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: Approval of Agreements for Software Purchase and Maintenance BACKGROUND: The Information Technology Department has identified software to enhance operational capabilities and vetted it with the Purchasing Division for both compatibility and price. The software is available to the County from a BCC -approved cooperative, and under a competitively awarded cooperative agreement. Information relating to computer software and systems is exempt from public disclosure, under the State Cybersecurity Act, as described in section 282.318, Florida Statute. DISCUSSION• The cooperative agreement to be used to facilitate the purchase and maintenance requires execution of certain agreements by the Board. This is a multi-year agreement that requires the following annual payments: • Year 1(April 2024 — March 2025) - $26,640.00 • Year 2 (April 2025 — March 2026) - $48,952.48 • Year 3 (April 2026 — March 2027) - $50,420.64 The agreements and the quote are available for the Board's review in the Purchasing Division. FUNDING: Funding for the software is available in the Informational Technology Fund/Information Systems/Computer Software Account 50524113-035120. GL Name FY 23/24 Available 50524113-035120 Information Technology Fund/Information Systems/Computer Software $26,640-00 RECOMMENDATION: 36 Staff recommends the Board authorize the Chairman to execute the necessary agreements, after review and approval by the County Attorney as to form and legal sufficiency. 37 �.E o 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 SUBJECT: Amendment No. 1 Morgan and Eklund Workorder No. 4 for Post Significant Erosional Event Rapid Land and Hydrographic Beach Profile Surveys DATE: April 11, 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-year term. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. As the coastline of Indian River County is subject to erosional impacts from high energy wind and wave events, accurate measurements of said impacts are essential in order for the County to seek potential funding sources to help defray the costs of potential dune/beach repair efforts. In accordance with the terms of the Professional Land Surveying and Mapping Services with M&E, the BCC approved Work Order (WO) No. 4 on June 6, 2023 for two (2) post -significant erosional event beach profile surveys (onshore/offshore) to quantify the dune/beach erosion impacts within the County's Beach Management Sectors 3 through 8 should a qualifying storm event take place. Due to a relatively quiet storm season experienced here in Indian River County during 2023, no work was performed under M&E WO No. 4. In order to remain prepared to collect beach profiles in a rapid fashion should a qualifying storm event impact the County, County staff have requested M&E amend WO No. 4 to reflect a no -cost extension to the terms of WO No. 4 allowing for those services to be performed during the current year (calendar year 2024) should the need arise. Amendment No. 1 to WO No. 4 would allow for M&E to provide up to two (2) post -significant erosional event beach profile surveys (onshore/offshore) that would be used to quantify dune/beach erosion impacts to our County. The results of the surveys, if performed, would also be offered to the Florida Department of Environmental Projection and Federal agencies as documentation of losses if beach recovery funding becomes available. County staff is seeking BCC approval for Amendment No. 1 to M&E WO No. 4 which reflects a no cost time extension for up to two (2) post -erosional beach profile surveys to be collected Page 2 Amendment No. 1 to M&E WO No. 4 Post -Significant Erosional Event Beach Profile Survey April 23, 2024 BCC Agenda Item calendar year 2024 should the need arise. Approving Amendment No. 1 to M&E WO No. 4 would keep the County better positioned for a rapid response to a significant storm event. Id1IJlal1dre9 Partial funding for this expenditure would come from FEMA project accounts that would be set- up once a storm or erosional event is identified and a Project Worksheet (PW) is written. Any remaining funds necessary to cover this expense would be provided by the Beach Restoration Fund. RECOMMENDATION The recommendation of staff is for the BCC to approve Amendment No. 1 to WO No. 4 under the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc., and authorize the Chairman to sign the Amendment on behalf of the County. Amendment No. 1 represents a no cost time extension to the terms identified in the BCC approved WO No. 4. The Natural Resources Department's Coastal Engineering Division staff will not authorize the contractor to perform any surveys covered in this Work order unless field conditions justify the expenditure. ATTACHMENTS 1. Morgan and Eklund Post -Hurricane WO No. 4 2. Amendment No. 1 to WO No. 4 APPROVED AGENDA ITEM FOR: April 23, 2024 39 Dear Eric: Morgan & Eklund, Inc. (M&E) is pleased to provide you with the following proposal to furnish professional land and hydrographic survey services for the above referenced project. M&E will provide the County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor. Work will begin upon notice to proceed from IRC after each storm event, if applicable. Our price will be as follows: I. Post -Storm Event #1 100 Onshore/Offshore Beach Profiles @ $600/Line ............................. $ 60,000.00 H. Post -Storm Event #2 100 Onshore/Offshore Beach Profiles (a- $600/1-ine .............................$ 60,000.00 As aLwqy& Morgan & Eklund, Inc. is looking forward to working with you and`Indian River County on this project. _E d Board of County Commissioners Administration - Building A 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: Post Hurricane Ian Beach Profile Monitoring Surveys WORK ORDER NO. 4 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with Contract No 2022064 This Work Order No. 4 is in accordance with the existing AGREEMENT dated October 4, 2022 between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); This Work Order No. 4 amends the agreement as follows. SECTION I — PROJECT LIMITS This Work Order No. 4 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the Post Storm 2023 Onshore/Offshore Beach Profile Monitoring Surveys; Florida Department of Environmental Protection Reference Monuments R- 20 — R-119. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 4; specifically detailed in the attached proposal Exhibit A. SECTION III —TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal" 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all 41 Post Storm 2023 Beach Profile Surveying BCC Agenda June 6, 2023 Page 2 of 3 survey points. COUNTY shall strive to provide review comments within. 10- radar 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. d. 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 11, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, III and IV of this Work Order No, 4,.for a total lump sum fee of $120,000.00. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 4, 2022 through October 3, 2024. All invoicing shall include Work Order No. 4 (WO 4), Contract Number (2022064). Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 2022064 with the COUNTY and as stated in Section II, III and IV hereon. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. 42 Post Storm 2023 Beach Profile Surveying BCC Agenda June 6, 2023 Page 3 of 3 IN WITNESS WHEREOF the parties hereto have executed these presents this 6th day of June 2023. OWNER Morgan and Eklund, Inc. Joseph Earman Chairman Approved by BCC June 6, 2023 2022064 — Continuing Surveying & Mapping Services AMENDMENT TO WORK ORDER FOR Post Storm Onshore/Offshore Beach Profile Monitoring Surveys (Project Name) This Amendment10to Work Order Number ®is entered into as of I 1,pursuant to that certain Continuing Contract Agreement, dated October 4, 2022, ("Agreement"),by and between INDIAN RIVER COUNTY, aolitical subdivision of the State of Florida ("COUNTY") and Mor an & Eklund, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number with an Effective Date of June s, 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. CONSULTANT: By: Print Name: Title: 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 William K. DeBraal, County Attorney Purchasing 44 Indian River County Public Works Coastal Division Attn: Mr. Eric Charest, Natural Resources Manager 1801 27th Street Vero Beach, FL 32960 RE: Amendment #1, Update to Work Order #4, RFQ 2022064, Contract Dated 10/4/2022, Post -Storm 2024 Onshore/Offshore Beach Profiles from R-20 to R-119, Indian River County, FL Dear Eric: Morgan & Eklund, Inc. (M&E) is pleased to provide you with the following proposal to furnish professional land and hydrographic survey services for the above referenced project. M&E will provide the County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor. Work will begin upon notice to proceed from IRC after each storm event, if applicable. Our price will be as follows: I. Post -Storm Event #1 100 Onshore/Offshore Beach Profiles @ $600/Line ..............................$ 60,000.00 H. Post -Storm Event #2 100 Onshore/Offshore Beach Profiles @ $600/Line ..............................$ 60,000.00 As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River County on this project. 45 Sincerely, David W. Coggin, PSM Vice President DWC:dmc Billing: project will be invoiced monthly Indian River County 2 3121/2" 60 1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: The Board of County Commissioners THROUGH: John A. Titkanich Jr., County Administrator THROUGH: Eric Charest, Interim Natural Resource Director FROM: Alexis Peralta, Stormwater Educator & Fertilizer Enforcement SUBJECT: Stormwater Partnership with The Learning Alliance DATE: April 11, 2024 DESCRIPTION Indian River County Stormwater staff have been requested by The Learning Alliance, a local 501(c)(3) non-profit dedicated to increasing children's education, to return as an environmental educator partner for the Summer 2024 Moonshot Academy Summer Program. The camp is an interdisciplinary, integrated literacy and arts curriculum that takes place both in classrooms and the outdoors with the environmental community partner (two days per week) over four weeks in the summer at two sites. Staff is requested to participate twice a week, for three of the four weeks, to instill knowledge of the Lagoon, stormwater pollution, and a sense of personal responsibility to care for our environment through lessons that align with the STEAM into Literacy curriculum (STEAM stands for Science, Technology, Engineering, Arts, and Mathematics). These lessons include already created presentations and activities that the Stormwater Educator has used over the years in school programs, summer camps, and general learning (i.e. the Enviroscape stormwater model presentation, lessons on pollution and lagoon biodiversity, and litter cleanups). A field trip has been discussed to visit Osprey Acres Stormwater Park for a tour, physical exploration, and understanding of stormwater filtration. Summer 2021 was the first year Stormwater Division partnered with The Learning Alliance Moonshot Academy and it was very successful in terms of children's engagement and enjoyment learning about stormwater pollution and visiting Osprey Acres Stormwater Park. This partnership was repeated in 2022 and 2023 with similar success. [01Z IAB V1110 County funding is not required. County staff time for participating in the Moonshot Academy Summer Program will be one staff member, 4 hours per day, twice a week for three weeks, totaling 24 hours of staff time. 47 Page 2 BCC Agenda Item for April 23, 2024 Stormwater Partnership with The Learning Alliance RECOMMENDATION Staff requests approval from the Indian River County Board of County Commissioners to participate in the Moonshot Summer Academy Program again this year and authorize the Chair to execute the Letter of Engagement. ATTACHMENTS Letter of Engagement between IRC Stormwater and The Learning Alliance APPROVED AGENDA ITEM FOR APRIL 23RD, 2024 m �t1�1O The Learning Alliance 2066 14th Avenue Vero Beach, FL 32960 April 16, 2024 Indian River County Stormwater Division Alexis Peralta, Stormwater Educator and Fertilizer Enforcement Officer 1801 27th Street Vero Beach, FL 32960 RE: Letter of Engagement between Indian River County Stormwater Division and The Learning Al- liance Dear Alexis, We are pleased to extend this Letter of Engagement to formalize our collaboration between the Indian River County Stormwater Division and The Learning Alliance. This partnership aims to foster mutual cooperation in promoting environmental stewardship and community education initiatives as we work toward the Moonshot Goal for 90% of Indian River County children to read on grade level by the end of 3rd grade. Indian River County Stormwater Division is dedicated to the management and preservation of stormwater resources to safeguard the environment and enhance the quality of life for residents. The Learning Alliance shares a similar commitment to environmental education and advocacy, making it an ideal partner for advancing our shared goals using our diverse ecosystem as a springboard to engage students in reading. Through this engagement, both parties agree to the following terms and conditions: 1. Scope of Collaboration: Indian River County Stormwater Division and Learning Alliance will collaborate on various educational programs, workshops, and outreach events focused on envi- ronmental conservation, stormwater management, and related topics. 2. Resource Sharing: Both parties agree to share relevant resources, expertise, and materials to support the development and implementation of joint initiatives. 3. Promotion and Awareness: Indian River County Stormwater Division and The Learning Al- liance will work together to promote events and activities through their respective communica- 49 tion channels, including websites, social media platforms, newsletters, and community outreach efforts. 4. Commitment to Excellence: Each party commits to upholding the highest standards of profes- sionalism, integrity, and environmental stewardship throughout the duration of this engagement. 5. Term and Termination: This engagement shall commence on the effective date of this Letter of Engagement and shall continue until either party provides written notice of termination. Ter- mination shall be effective thirty (30) days after the receipt of such notice. 6. Amendments: Any amendments or modifications to this agreement must be made in writing and signed by authorized representatives of both parties. This Letter of Engagement represents the continuation of a dynamic partnership between Indian River County Stormwater Division and The Learning Alliance that develops readers and environmental lead- ers. By joining forces, we are confident that we can make significant strides toward our shared objec- tives of environmental conservation and community empowerment. Please signify your agreement to the terms outlined in this letter by signing and returning a copy to the Indian River County Stormwater Division. We look forward to a fruitful collaboration and the positive impact it will have on our community. Thank you for your partnership and commitment to environmental stewardship and literacy. Sincerely, Liz Bahl, TLA COO The Learning Alliance Agreed and Accepted: Name Name Title Date Title Date 50 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 3, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager PREPARED BY: Shelby Ball, Purchasing Specialist SUBJECT: Designation of Excess Equipment as Surplus and Authorization for Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. FUNDING: There is no cost to the County associated with these requests. RECOMMENDATION: Staff recommends the Board declare the items on the Excess List for 042324 Agenda as surplus and authorize their disposal. ATTACHMENT: Excess List for 042324 51 Excess List for 042324 Dept # Asset Fleet Description Working y/n Disposal Method 106 25687 Lifepak 1000 Y SELL 106 25688 Lifepak 1000 Y SELL 106 25689 Lifepak 1000 Y SELL 106 25690 1 Lifepak 1000 Y SELL 106 25691 Lifepak 1000 y SELL 120 21813 Bullard Thermal Imager N SELL 120 21814 Bullard Thermal Imager N SELL 120 21815 Bullard Thermal Imager N SELL 120 23085 Bullard Thermal Imager N SELL 120 24247 Bullard Thermal Imager N SELL 120 24837 Bullard Thermal Imager N SELL 120 25271 Sharp Aquos LCD N y SELL 120 25556 Bullard Thermal Imager N SELL 204 31744 Dell Latitude 5410 Laptop N SELL 204 31847 Apple ipad Pro y SELL 214 23992 Pell D620Laptop N SELL 214 29280 APC Battery Back up N SELL 233 26545 Microfilm Scanner y SELL 233 26970 Dell Optiplex 7010 N SELL 233 28592 Dell Optiplex 5040 N SELL 241 19026 Netgear FS524 Network Switch N SELL 241 26227 Dell Poweredge T610 Server N SELL 241 26506 Dell Powervault TL4000 N SELL 241 27386 Dell Poweredge R620 Server N SELL 241 27387 Dell Poweredge R620 Server N SELL 241 27812 Dell Poweredge R730 Server N SELL 241 27814 Dell Poweredge R430 Server N SELL 241 27815 Dell Poweredge R430 Server N SELL 241 28175 Dell Poweredge R730 Server N SELL 241 28606 Dell Poweredge R530 Server N SELL 241 29969 Dell Poweredge N SELL 241 30447 Dell Poweredge R460 Server N SELL 241 30484 Dell Barracuda Server N SELL 241 30531 Dell Poweredge R440 Server N SELL 241 30685 Dell Poweredge T640 Server N SELL 241 31282 Dell Latitude 5410 Laptop N SELL 245 23134 Honda 6500 Generator N SELL 245 25555 Graphtec Plotter Machine y SELL 245 26140 Kelly -Creswell Model B4 SS Paint Machine N SELL 245 28787 1076 2016 Nissan Frontier N SELL 265 31205 Kyocera M314SIDN Copier N SELL 269 30448 Dell Precision 3630 N SELL 400 25640 Dell Poweredge R710 Server y SELL 400 26277 Dell Poweredge R710 Server y SELL 400 26570 Dell Poweredge R420 Server y SELL 400 29760 Eaton UPS y SELL 400 30504 Microsoft Surface Pro y SELL 400 (15) Dell Monitors y SELL 400 Dell Laptop y SELL 400 (2) Zag Rugged Book .y SELL 400 (3) ipad Air Y SELL 400 Opad Case y SELL 400 Cisco Microcell y SELL 400 Netgear Smart Switch y SELL 400 (9) Dell Optiplex 9020 y SELL 400 (2)iphone 11 y SELL 400 Unitrends y SELL 400 (8) Dell Optiplex 5040 y SELL 400 Canon Image Formula y SELL 400 Netgear Orbi Mini y SELL 400 HP Copier y SELL 52 Excess List for 042324 Dept # Asset Fleet Description Working y/n Disposal Method 400 (2) Dell Optiplex 3020 Y SELL 400 Dell Power Connect 2724 Network Switch y SELL 400 NetgearProsafe y SELL 400 NetgearProsafe y SELL 700 20115 Texas Instruments Projector Model PJ885 N SELL 700 26247 OKI Model 09650 Color Printer N SELL 700 29739 Ricoh Printer N SELL 700 30368 Ricoh Printer N SELL 53 5.44, CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 10, 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: Waiver of Bid Requirement for FDOT-Certified Traffic Equipment BACKGROUND: The Traffic Engineering Division utilizes various traffic control products, which are required to be certified by FDOT, meeting uniform system requirements, as required by F.S. 316.o65. In addition to certification of equipment, FDOT publishes an approved product list ("APL"), and also awards term contracts for those approved products, with fixed prices. These term contracts are utilized by the Division for purchase of equipment in the same manner as any State Contract. The previous contracts for traffic equipment expired on March 13, 2024, and no new contracts have yet been awarded. DISCUSSION: The Division has standardized the video detection cameras used at signalized intersections, with the TrafiSense Foward Looking Infrared Radar ("FLIR!'). These cameras have several advantages over other technologies, such as a visual display of the detection operation, ability to see through fog and rain, and lack of interference or impact from glare or shadows. In addition, the FLIR technology does not require camera cleaning. FLIR is the only vehicle detection product with infrared detection technology on the FDOT-approved product list. Control Technologies Inc. is the sole FDOT- approved vendor for FLIR products. Ten of these camera systems were approved for purchase in the current fiscal year, however, without an existing State contract, their purchase requires Board approval. FUNDING: Funding for the purchase of ten camera systems is available in the Secondary Roads Fund/Secondary Roads/Roads and Bridges/Construction in Progress/Traffic Controllers Account 10921441-o66510-05017. Description Fund Amount Secondary Roads Fund/Secondary Roads/Roads and Bridges/Construction in Progress/Traffic Controllers 10921441-o66510-05017 $230,294.62 54 CONSENT AGENDA RECOMMENDATION: Staff recommends the Board waive the requirement for bids for the FLIR cameras, as well as any other products of the MOT APL, and authorize the Purchasing Division to issue purchase orders, as approved by Budget. Attachment: Control Technologies Quote 55 CT CONTROL TECHNOLOGIES Project (10) Intersections Project Location: Indian River County Bid To: Indian River County Contact: AJ Michael Thank you for this opportunityl Item Pay Item # Part # Control Technologies is pleased to quote the following: Description QUOTATION Date: March 20, 2024 Quote M ndian River County - TrafiSense At - 3.20.2. Email address Amichael(dlindianriver.cov aty Unit Price Ext Price 1 TrafiSense At 632 FUR TrafiSense Al 632 - Thermal Detection Sensor 36 $5,231.24 $188,324.64 2 TrafiSense Al 645 FUR TrafiSense At 645 - Thermal Detection Sensor 2 $5,231.24 $10,462A8 Bid# DOT -ITB -23 -9037 -SJ MFMP Contract #CR605 Title: FDOT APL Traffic Equipment Line Number #350f FDOT APL Certification #660-015-023 Vehicle Detector -Video Thermal 3 Mastarm Camera Mount a Mastarm Camera Mount Astro-Brac w/ 74" Tube & 120" Cable 27 $225.30 $6,083,10 4 TI BP1_3 Edge B&SIU Interface FUR Power Line Interface - 16 outputs 10 $1,477.44 $14,774.40 Bid# DOT -ITB -23 -9037 -SJ MFMP Contract #CR605 Title: FDOT APL Traffic Equipment Line Number #350g FDOT APL Certification #660-015-023 Vehicle Detector -Video 5 Rack Assembly a FUR Rack Assembly 10 $399.00 $3,990.00 Bid# DOT -ITB -23 -9037 -SJ MFMP Contract #CR605 Title: FDOT APL Traffic Equipment Line Number #355e FDOT APL Certification #660-028-002 Vehicle Detector - Thermal 6 BPL Cable a I FUR BPL Cable 1 000ft moll 10 $666.00 $6,660.00 Terms: Net 60 w/ approved credit Delivery: 30.120 days, ARO Freight: Included Quote valid for 30 days After 60 days, please contact us for updated pricing. Control Technologies does not guarantee prices for more than 60 days. Final pricing will be determined upon release for shipment. We apologize for this Inconvenience, but our costs are currently highly erratic and we must base our sell price on our purchase prices. Thank you for understanding Notes: 1. Quotation does not include the cost of color -matched cabinets. All oaintino and color -matching will be the responsibility of the contractor. 2. Quotations are subject to CT Standard Terms & Conditions available on request. 3. Prices do not include applicable taxes or duties. 4. Signal head prices do not include mounting hardware or confirmation lights unless noted otherwise noted 5. Quantities are estimates, final quantities are Contractors responsibility. 6. Should you choose to pay by Credit Card - a 3.5% Surcharge will be added to the Invoice Amount. Prices include only those Items specifically delineated in quotation. Please contact me if you have any questions. Tadd O'Bannion tobannionachrafmc.com 2776 South Financial Court Sanford, FL 32773 USA Office 407-330-2800 Cell 407.488-2323 Fax 407-330-2804 56 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 11, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: First Amendment to Urban Service Boundary Study Agreement (RFP 2024025) BACKGROUND: On January 23, 2024, the Board awarded RFP 2024025 for an Urban Service Boundary Study to Inspire Placemaking Collective, Inc. for a total cost of $128,010. Planning & Development Services has determined the need to hold additional public engagement workshops. The focus of these workshops will be on educating the public about the Urban Services Boundary's history and purpose and to present the challenges and opportunities associated with the boundary's adjustment while garnering input from residents regarding this potential course of action. The original agreement calls for three workshops. Staff is requesting an additional three, for a total of six workshops. The addition of these workshops will not affect the overall timeline of this project. The cost of this task was originally $29,185. These changes will result in an overall increase of $10,800, bringing the task cost to $39,985, and a revised total project cost of $138,810. FUNDING: Funding, in the amount of $10,800 for the revised task, will come from the MSTU Fund/ County Planning/ Other Professional Services account, number 00420515-033190. Account Number Account Description Amount 00420515-033190 MSTU Fund/County Planning/Other Professional Services $10,800 RECOMMENDATION: Staff recommends the Board approve the First Amendment and authorize the Chairman to sign it, after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENT: First Amendment 57 FIRST AMENDMENT TO AGREEMENT FOR URBAN SERVICE BOUNDARY STUDY This First Amendment to that certain Agreement to conduct an Urban Service Boundary Study is entered into effective as of April 23, 2024, by and between Indian River County, a political subdivision of the State of Florida ("County") and Inspire Placemaking Collective, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for an Urban Service Boundary Study effective January 23, 2024; and WHEREAS, the parties desire to amend Article 4 -Exhibit 1 Pricing, to include 3 additional workshops; NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Amendment. 2. The Exhibit 1 Pricing is amended to reflect new pricing and is attached to this Amendment. 3.All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 58 IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. Inspire Placemaking Collective, Inc. By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS 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: William K. DeBraal County Attorney 59 Our professional fee for the above-described services shall be a lump sum of $12;818 $138,810 for Tasks 1 through 5, as outlined below per Task. Direct expenses (e.g., travel, printing, etc.) are included. Additional services requested by the County will be billed hourly based on the rate schedule below. Task 1. Project Initiation $28,560 Task 2. Existing Conditions & Peer Review $43,775 Task Z P ubliG Engagement $29,185 Task 3. Public Engagement Amended Pricing $39,985 Task 4. Report Production & Recommendations $14,890 Task 5. BOCC Presentation/Final Report $11,600 I TOTAL COSTS $128,048 AMENDED TOTAL COST Classification Hourly Rates Principal $200-$350 Project Manager $165-$225 Senior Planner $145-$210 Senior Graphic Designer $135-$185 Planner $100-$165 60 Concent Indian River County, Florida Memorandum TO: Board of County Commissioners THRU: John A. Titkanich, Jr., County Administrator FROM: Cynthia Stanton, Risk Manager DATE: April 23, 2024 SUBJECT: Auto Liability Settlement for Carlene Paulk BRIEF HISTORY OF CLAIMANT AND OF CLAIM: On September 19, 2023, employee Amanda Breen was operating a County owned 2023 Ford F250 pickup through the Publix parking lot at approximately 10:30 AM. Driver Breen states she was driving through the parking lot when she struck 83 -year-old pedestrian Carlene Paulk who was in the crosswalk leading from the parking lot to the store entrance. Driver Breen states she never saw the pedestrian until the front passenger side of her vehicle made contact with pedestrian Paulk, causing her to fall to the ground and land on her left side. Pedestrian Paulk was unable to get up from the ground on her own and required assistance from IRC EMS. At the scene, it was noted that pedestrian Paulk was bleeding from the left side of her head, her left elbow was wounded and appeared to be dislocated, and she complained of left hip pain. County driver Breen was cited for failure to yield right of way to a pedestrian. MEDICAL TREATMENT: Mrs. Paulk was transported to Lawnwood Medical Center in Fort Pierce where she underwent numerous diagnostic tests and was diagnosed with the following: • Acute left elbow fracture and dislocation • Acute left superior and inferior pelvis fractures • Posterior sacral fracture • Severe back pain • Left scalp laceration On September 22, 2023, three days after the accident, Mrs. Paulk had the following treatment: • Relocation of the forearm with open reduction internal fixation of the left elbow • Left ulnar nerve transposition • Scalp laceration repair with six staples 61 Consent Mrs. Paulk was discharged from the hospital on September 26, 2023, and required in home care and physical therapy. On October 12, 2023, she was transported back to Lawnwood Medical Center due to a non-healing wound on the left elbow. She had severe left elbow pain and swelling resulting from dehiscence of the wound. It was determined that the left elbow fixation had failed, requiring removal of the deep orthopedic hardware and a repeat installation of new hardware to the left elbow. DAMAGES AND SPECIALS: Indian River County EMS $648.00 Lawnwood Regional Medical Center $445,326.58 Florida United Radiology $3,336.00 Visiting Nurse Association of IRC $2,830 Elite Rehab- Dr. Marcus Malone $671.00 Pain Management Institute of Florida $3,182.40 Emergency Medicine Services of FL, LLC $678 Anesthesia Medicine Services of FL, LLC $2,884 Hospital Medicine Services of FL LLC $592.00 All County Ambulance Pending Fort Pierce Orthopedics, LLC Pending Vero Beach Operations, LLC a/k/a Vero Beach Care Center Pending Total $460,117.98 Medical bills total $460,117.98 with out-of-pocket expenses of $35,437.55 and a medical lien of $45,213.38. SETTLEMENT DEMAND: The claimant is represented by Attorney Joseph Graves of Graves, Thomas, Rotunda Law Firm. Attorney Graves believes this claim to be valued at $651,744. However, he is aware of Florida Statute 768.28 which provides the state government sovereign immunity in tort actions and his demand is for the full recovery limit of $200,000. FUNDING: The final settlement amount of $200,000 will be paid out of the Self -Insurance Fund/Risk Management/General Liability Insurance account, number 50224619-034530. Account Description Account Number Amount Self -Insurance Fund/Risk Management/General Liability Ins. 50224619-034530 $200,000 RECOMMENDATION: The claim was reviewed by the County's Liability Claims Committee on April 10, 2024. The Committee voted unanimously to settle the claim for $200,000 and recommends the Board of County Commissioners approve the final settlement of $200,000 to resolve this matter. 62 8 I K 0 Consent Indian River County, Florida Memorandum TO: Board of County Commissioners THRU: John Titkanich, County Administrator FROM: Cynthia Stanton, Risk Manager DATE: April 23, 2024 SUBJECT: Workers Compensation Settlement Roger Harrington — Lt. Deputy Sheriff's Office BRIEF HISTORY OF CLAIMANT AND OF CLAIM: Roger Harrington is a 49 -year-old male Lt. Deputy employed with the Indian River Sheriff's Office since January 2, 1996. On or about February 5, 2023, Mr. Harrington was vacationing with his family in South Carolina when he began to experience chest pain. He presented to the Prisma Health/Oconee Memorial Hospital where it was determined he was experiencing a heart attack. He underwent cardiac catheterization and had an angioplasty and stent placement. He was discharged from the hospital the following day. Employee filed a WC first report of injury on February 9, 2023. MEDICAL HISTORY: After recovery, Mr. Harrington was first evaluated by workers compensation, Michael Nocero on March 1, 2023. Dr. Nocero diagnosed Mr. Harrington with coronary artery disease; recent acute inferior wall myocardial infarction/successful angioplasty of 80% proximal right coronary artery stenosis; as well as a history of multiple comorbid diseases and conditions. Mr. Harrington returned to Dr. Nocero for follow-up visits on two other occasions. In a letter signed by Dr. Nocero on May 17, 2023, he affirms that Mr. Harrington suffers from multiple comorbid diseases and conditions. He notes that the hypertension has not been disabling on the date of accident and it has not prevented Mr. Harrington from working full duty as a law enforcement officer. He signed the letter stating it is of his opinion within a reasonable degree of medical certainty that hypertension along with prior medical conditions caused Mr. Harrington to suffer coronary artery disease and the subsequent myocardial infarction and as thus was not work related. As a result of Dr. Nocero's opinion, the claim was denied on May 19, 2024. Dr. Nocero retired shortly after. 63 Consent Following the denial, Mr. Harrington obtained attorney Michael Horowitz for legal representation. Due to Dr. Nocero's unexpected retirement, inability to testify and inadmissibility of the letter he completed, both parties agreed to proceed to obtain an IME physician to weigh in on Dr. Nocero's opinion. Attorney Horowitz obtained cardiologist Dr. Tee to conduct the IME for the claimant in hopes of refuting Dr. Nocero's opinion. Dr. Tee confirmed that hypertension and other health and medical conditions would make it more likely than not that Mr. Harrington would develop coronary artery disease which "for sure" caused the ischemic event. The claim then went to mediation on March 4, 2024, at which time Mr. Harrington informed us that instead of fighting the denial, he was interested in overall settlement which included a resignation. He is in the DROP program and initially made a demand of $450,000 to settle the claim. The County would not entertain his settlement demand and advised that Mr. Harrington needed a more realistic demand. Both parties agreed to review the claim for settlement and resume mediation negotiations on April 5, 2024. EXPOSURE EVALUATION: The employee is 49 years of age and has a life expectancy of an additional 29 years. He was given a permanency rating of 42% of the whole body. The table below illustrates the worst-case scenario, if the County does not prevail on the denial with an exposure based on a 42% permanency rating. Temporary Benefits $4,446 05/19/2023 — 06/14/2023 Impairment Benefits $167,879 Future Medical/RX $668,160 RX @ $1,920 month x 29 yrs. Attorney's Fees $40,000 Claimant's only Total Value $880,485 SETTLEMENT DEMAND: The second mediation was held on April 5, 2024, and resulted in aggressive negations. The parties reached a tentative settlement of $100,000 inclusive of attorney's fees, costs, and Mr. Harrington's resignation. This settlement amount represents 11.36% of the total possible exposure. Following mediation, the contingent settlement of $100,000 was reviewed by John Titkanich, William Debraal, Susan Prado, Cynthia Stanton, and Nathan McCollum. All agreed the County should move forward with the proposed settlement amount. 64 Consent FUNDING: The final settlement in the amount of $100,000 will be paid out of the Self -Insurance Fund/Risk Management/Workers Compensation account, number 50224619-012140. Account Description Account Number Amount Self -Insurance Fund/Risk Management/Workers Compensation 50224619-012140 $100,000 RECOMMENDATION: This claim was evaluated by the County's TPA service, defense counsel and the County staff listed above; and it is recommended that the Board of County Commissioners approve the final settlement of $100,000 to resolve this claim. 65 INDIAN RIVER COUN'T'Y OFFICE OF MANAGEMENT AND BUDGET I It 1)3 �s _��Cl- \it[•�1�7 DATE: April 10, 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: Approval of Client Service Agreement for Utilities Bill Print and Mailing Services BACKGROUND: The Department of Utility Services has utilized various piggyback agreements, resulting from a formal solicitation process by another Florida agency, for billing services. Most recently, the Department had been utilizing a Hernando County Agreement with Cathedral Corporation ("Cathedral"). This agreement expired on March 24,2024, and a new agreement with Cathedral, resulting from an invitation to bid process, was awarded by the Hernando Board of County Commissioners on November 28, 2023. DISCUSSION: The Hernando County Bid anticipated postage to be paid through the County's own postage permit. Because Indian River County does not have a postage permit to provide to Cathedral, different terms must be accepted to facilitate appropriate funding, payment, and management of postage. This acceptance has been requested in the form of a Client Service Agreement, attached for the Board's consideration. FUNDING• Funding for the software will come from the Utilities Operating Funds shown below, as anticipated for FY 24/2.9. Operating funds are derived from water and sewer sales. Item GL Description Estimate for FY 24/25 Utility Bill Printing 47126536-034720 Utilities /Customer Service Outside Printing $42,000 CCR Water Quality 47121936-034720Production Utilities/Water Report Inserts Outside Printing$12,000 Grease Slip Inserts 47126836-034720 Utilities/Wastewater Collection Outside Printing $g,000 Postage 47126536-034210 Utilities/Customer Service/Postage $212,400 66 RECOMMENDATION: Staff recommends the Board approve the Client Service Agreement with Cathedral and authorize the Chairman to execute it after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENT Utilities Contract Service Agreement 67 INDIAN RIVER COUNTY PIGGYBACK AGREEMENT TO HERNANDO COUNTY UTILITIES CLIENT SERVICE AGREEMENT CONTRACT NO. 23-T00341/FH IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes stated herein. Indian River County Utilities ("CLIENT") wishes to enter into a "Piggyback" Agreement with Cathedral Corporation ("Vendor") whose principal address is 1500 Tradeport Road Suite B, Orlando, Florida 32824, based on the Hernando County Agreement, Contract No. 23-T00341/FH, replacing the original CLIENT SERVICE AGREEMENT dated May 6, 2008 in its entirety. The Purchasing Policies and Procedures for Indian River County allow for "piggybacking" contracts. Pursuant to this procedure, Indian River County is allowed to piggyback an existing competitively -awarded government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with the government of Hernando County, said contract being identified as Bid #23-T00341/FH Utilities Bill Print and Mailing Services (said original contract being referred to as the "original government contract"). The original government contract documents are incorporated herein by reference. All of the terms and conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein excepting the following: Designated Representative: Vendor: Lori Foerster, Senior Regional Director (407) 454-1633/lfoerster@cathedralcorporation.com Client: Lisa Patton, Customer Service Manager Postage: (772) 226-1803 1patton(ibindianriver.gov Vendor shall maintain a separate postage account which shall be used for the deposit and handling of postage funds with respect to work performed for CLIENT under this Agreement. This account shall be kept totally separate from Vendor's general operating checking account. Vendor will be responsible for maintaining a log of all postage money deposited with Vendor or used by Vendor for 68 CLIENT's mailings and will forward such postage reports to CLIENT on a monthly basis. At the outset of work under this agreement, postage monies covering the first month's or production job's postage costs, as estimated by Vendor and CLIENT, will be provided by CLIENT in advance to Vendor's postage account. Thereafter, Vendor shall provide CLIENT, on a monthly basis, a separate Statement of Postage Monies for actual postage costs. CLIENT shall pay the amount(s) indicated on the Statement to replenish the aforesaid postage account. CLIENT is responsible for ensuring that there is at all times an adequate balance in the postage account to process its work. Under no circumstances shall Vendor be obliged to advance postage costs. Any delays in mailing caused by insufficient postage will be CLIENT's responsibility, and will not be regarded as unsatisfactory performance by Vendor. Vendor will use the United States Postal Service to mail all items at either a Non Profit Postage Rate, a Standard Mail Postage Rate or the lowest First Class Rate available for the mailing. Vendor will perform additional sorting services as needed or requested to reduce the postage rate based on the addresses in the customer file. In the event the USPS charges additional fees related to outdated and/or incorrect mailing identifiers or addresses provided by customer, such fees shall be paid and debited from customer's postage account. The USPS Move Update Regulation requires that all address files presented for mailing at a discounted postal rate be updated every 95 days. Vendor will process each data file provided to achieve these presorted mailing rates where applicable. Vendor is a non-exclusive Licensee of the USPS NCOALinkO process, and will process the CLIENT's address files to meet the Move Update requirements. We will use NCOALink® at a minimum on a quarterly basis, and we will provide a data file containing the new and old mailing address information to CLIENT. CLIENT hereby agrees that it will then change its member addresses accordingly in order to continue to qualify for presorted postage rates, or risk paying the additional postage as required by the USPS. Inserts: Inserts will be quoted on an "as needed" basis, and at the rates included in the original government contract. Taxes: All federal, state, county, local or other excise, sales or use taxes will be paid by the 69 Client. If Client is tax exempt, client shall submit tax exempt form and certification documents. The Board of County Commissioners, Indian River County, Florida, has the following Tax Exemption Certificates assigned: Florida 85-8012622034C-3, valid 6/30/30-6/30/35. Termination in Regards To F.S. 287.135: Vendor certifies that it and those related entities of Vendor 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. Client may terminate this Contract if Vendor, 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, Vendor certifies that it and those related entities of Vendor 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. Client may terminate this Contract if Vendor 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. E -Verify: 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. Public Records: Client is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, Vendor shall: A. Keep and maintain public records required by the Client to perform this service. B. Upon request from the Client's custodian of public records, provide the Client with a copy of the requested records or allow the records to be inspected or copied within a 70 reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Vendor does not transfer the records to the Client. D. Upon completion of the contract, transfer, at no cost, to the Client all public records in possession of Vendor or keep and maintain public records required by the Client to perform the service. If Vendor transfers all public records to the Client upon completion of the contract, Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Vendor keeps and maintains public records upon completion of the contract, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Client, upon request from the Client's custodian pf public records, in a format that is compatible with the information technology systems of the Client. If Vendor has questions regarding the application of Chapter 119, Florida Statutes, to Vendor's duty to provide public records relating to this agreement, contact the public records liaison at: (772) 226-1424 publicrecords(a indianriver.2ov Indian River County Office of the County Attorney 180127' Street Vero Beach, FL 32960 Upon completion or termination of the agreement, the Client shall retain all public records. Failure of the Vendor to comply with these requirements shall be a material breach of this Agreement. The parties hereto, each acting with due and proper authority, have executed this Agreement, effective April 23, 2024. The below signatories represent and affirm that they have the legal authority and right to enter into this Agreement and bind the party for whom they are executing this Agreement to the terms 71 and conditions herein set forth. CLIENT: INDIAN RIVER COUNTY Vendor: CATHEDRAL CORPORATION By: By: Susan Adams, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: William K. DeBraal, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Name/Title 72 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Parks Division Date: April 1, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation & Conservation Director From: Joe Tilton, Recreation Manager CONSENT AGENDA BCC Meeting 04-23-24 Subject: Work Order Number 2, Amendment No. 3 — New Restroom Facility at Fran Adams (North County) Regional Park BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Masteller and Moler, Inc. and on May 18, 2021, Renewal and Amendment No. 1 was executed for continuing engineering services. On August 18, 2020, the Board Approved Work Order Number 2 for Masteller and Moler Inc. in the amount of $47,610. On January 31, 2023, the Board approved Amendment Number 1 to Work Order 2 in the amount of $12,065 for revised engineering design and preparation of construction plans, revised electrical engineering services, permit reacquisition and permit application responses. On September 26, 2023, the Board approved Amendment 2 to Work Order 2 in the amount of $2,810 for Revised Electrical Engineering Services and Additional Permit Application Responses. DESCRIPTION AND CONDITIONS: Work Order Amendment 3 to Work Order 2 will provide for Construction Administrative Services in the amount of $3,130. The amount in the original Work Order of $4,510.00 was based on a prefabricated building and no parking upgrades needed. When the project switched to a from scratch build with an ADA spot and access path it added additional time for Construction Administrative Services, resulting in the need for Amendment 3 and the additional cost of $3,130. FUNDING: Funding for Amendment No. 3 to Work Order Number 2 is budgeted and available in the Impact Fees/Parks/Improvements/Fran B Adams Park Soccer Field Improvements account, number 10321072-066390-16005, in the amount of $3,130. Account Descri tion Account Number Amount Impact Fees/Parks/Improvements/Fran B. Adams Park 10321072-066390-16005 $3,130 Soccer Field Improvements 73 RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve Work Order Number 2, Amendment No. 3 for Masteller and Moler, Inc. under Continuing Engineering Services RFQ 2018008 — Renewal and Amendment No. 1 for the New Restroom Facility at Fran Adams (North County) Regional Park and authorize the Chairman to execute Amendment No. 3 to Work Order 2 after review and approval by the County Attorney. ATTACHMENTS: Amendment No. 3 to Work Order Number 2, Masteller & Moler. — Continuing Engineering Services RFP 2018008, Amendment and Renewal No. 1 — New Restroom Facility at Fran Adams (North County) Regional Park DISTRIBUTION: Masteller & Moler, Inc. APPROVED AGENDA ITEM FOR APRIL 23.2024 74 S TOWORQvM 2, New Restroom faeft at Fan MO � � M J MASTELLER & MOLER, INC. M1 — CIVIL ENGINEERS — EXHIBIT A 165527 1h Stre Ste. 2, Vero Beach, FL 32960 (772) 567-5300 The Indian River County Parks, Recreation and Conservation Department plans to install a restroom building adjacent to the existing playground area located just north of the softball diamonds at the Fran B. Adams North County Regional Park (WW Ranch Rd & C.R. 512). Under Work Order 2, Masteller & Moler, Inc. (MM) performed engineering design and preparation of construction plans, site planning and project permitting, and is authorized to perform bidding services and construction administration & observation services. Work Order 2 included provisions for a pre -fabricated restroom building to be installed. Amendment 1 to Work Order 2 authorized revising plans and permitting reacquisition for a concrete masonry unit (CMU) block building designed by one of the County's Architectural / MEP consultants in lieu of the pre -fabricated building. Amendment 2 to Work Order 2 authorized revising plans and permitting reacquisition for a revised CMU block building. Under Amendment 2 to Work Order 2, the plans were revised for the new restroom building and the project was fully permitted for construction. Amendment Number 3 to Work Order 2 proposes additional construction administration and observation services for the CMU block building proposed. Amendment Number 3 to Work Order 2 does not amend the Scope of Work as listed under Work Order 2, Task H, but will require more labor hours to perform the services than included in the original Work Order 2 due to the change in building types. Scope of Work: No change to Work Order 2 Fee Schedule: Original Fee Task H — Construction Administration Services $ 4,510.00 Additional Fee Requested with Amendment 3 to Work Order 2 Task H — Construction Administration Services $ 3,130.00 Total, Revised Task H Fee $ 7,640.00 Time Schedule: 1. Schedule— No Change to Work Order 2 2. Deliverables— No Change to Work Order 2 Page 1 of 1 76 CN N O N A u Y a a M O z H z w 0 z w a N O z w w D d' O Y O z _O g m H w w LL U) a J H m X LU N Q' O z a r J U Q U- 2 2w O > N w W M Y z Q O a� J aw O m wO ad z Z Q O V W = Z O z Q LO Z V 2 O LU U Q � m a Z N Q z LL U 4,13, d3 6.3 N M = z N U oho c — ` m m 0 E o � Q F- c 3 CD o > N o� a=3 CL 0- Q CD x N f0 N O C N N E Op E O U Q N U N w N O O w O O N O M O M U _ N M M O ~ ER EA > o o 0 1 0 v o E y Q E_ ea 69 E N Q � N N 2 0 0 0 00 0 0 > o 0 0 a c 'o f» uq a d � co cfl 0 c p 0 � T o a � E NNEA tq Vi N QO O U = O ori C O O 0 M N =O o O O ` E LO LO g Q U 6 d9 N O � n o v v 2 0 0 0 LLJ a tocCD o LO C E 0 0 a� V C b4 69 69 a` E2 O 0 (O CD 0 coC E Q yr C O 0 U U N � N � C Z N U 4,13, d3 6.3 N M = z N U oho c — ` m m 0 E o � Q F- c 3 CD o > N o� a=3 CL 0- Q CD x B.N 4P INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Mark Vietze, MPO GIS Planner DATE: April 10, 2024 SUBJECT: Request for Authorization to Submit an Application for Section 5311 Grant for Rural Transit Operating Assistance Funds It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of April 23rd, 2024. DESCRIPTION & CONDITIONS Each year, Indian River County receives transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine) and demand -response service (Community Coach). ANALYSIS At this time FDOT has advised the County to apply for one year's worth of funding for available funds left over from FY 2022/23. Therefore, the grant application is for $180,000 in Section 5311 funds. In this case, the grant has a 50% nonfederal match requirement for operating assistance. Matching funds will consist of $90,000 from the state Public Transportation Block Grant and $90,000 from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. To apply for Section 5311 funds, the Board of County Commissioners must adopt the attached resolution (Attachment #1), authorizing staff to submit the attached grant application to FDOT. A copy of the grant application is attached to this staff report (Attachment #2). The County receives most of its transit funding through the Federal Section 5307 (Urban Area) C:\Granicus\LegistarS\LS\Temp\ec463f8e-bbd6-4020-bcae-c85e5aa54a14.docx 79 grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Area) Grant Program. The provision of rural transit service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2045 Long Range Transportation Plan. FUNDING Funding in the amount of $90,000 is budgeted and available for FY 23/24 in General Fund/Community Transportation Coordinator/SRA account, number 00111041-088230-54001. Funding for this expenditure is part of the allocation given to the Senior Resource Association to provide transit service in the county. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the resolution authorizing the filing of the Section 5311 grant application. ATTACHMENTS 1. Authorizing Resolution for the Submission of a Section 5311 (Formula Grants for Rural Areas) application 2. Section 5311 Grant Application 3. Grant Budget Form C:\Granicus\Legistar5\L5\Temp\ec463f8e-bbd6-4020-bcae-c85e5aa54al4.docx 79 RESOLUTION NO. 2024 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5311 PUBLIC TRANSIT OPERATING ASSISTANCE. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or Infrastructure Investment and Jobs Act (IIJA) of 2021; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Senior Resource Association; and WHEREAS, Indian River County is eligible to receive Formula Grants for Rural Areas funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Planning and Development Services Director is authorized to file applications on behalf of Indian River County with the Florida Department of Transportation for public transit operating assistance as specified in the County's off cycle FY 2022/23 grant application under 49 USC Chapter 53, Section 5311. 2. That the Planning and Development Services Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Section 5311 grant application. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph H. Earman Commissioner Deryl Loar Commissioner Laura Moss Page 1 oge RESOLUTION NO. 2024 - The Chairman thereupon declared the Resolution duly passed and adopted this 23' day of April, 2024. Attest: Ryan L. Butler, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal County Attorney By Susan Adams, Chairman Page 2 ogj The full content of this file cannot be displayed with your current PDF viewer. Please update to the latest possible version to view this document. 82 GRANT NAME: 49 USC Ch. 53, Section 5311 (Formula Grants for Rural Areas) GRANT #: NA AMOUNT OF GRANT: $180,000 DEPARTMENT RECEIVING GRANT: Community Development pass through to Senior Resource Association) CONTACT PERSON: Mark Vietze PHONE #: (772) 226-1222 1. How long is the grant for? One Year Starting Date: October 1, 2024 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % 5. Grant match amount required: $ 180,000.00 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Match consists of $90,000.00 in County funds already budgeted for public transportation and $90,000.00 in FDOT grant funds 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) 9 Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching Third Year TOTAL What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $90,000.00 83 Grant Amount Other Matching Costs Match Total First Year $180,000.00 $ $90,000.00 in local funds & $90,000.00 in FDOT grants $360,000.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 83 6,01. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM To: Board of County Commissioners Through: John Titkanich, Jr., County Administrator Prepared By: Jim Mann, MPA; MPO Senior Planner Date: April 12, 2024 Subject: Resolution of Support for 26th Street Widening Project It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of April 23, 2024. DESCRIPTION, CONDITIONS, AND ANALYSIS The County's Capital Improvements Element includes a project to widen 26th Street from 66th Avenue to 43rd Avenue. Recently, the County submitted a grant application to FDOT for funding from the Transportation Regional Incentive Program (TRIP) for this project. One requirement of the application is a Resolution of Support from the Board of County Commissioners. In addition to the roadway widening, this project will also include 7' buffered bike lanes and sidewalks on both sides of the road. The project will also connect to other planned improvement projects, such as the widening of Aviation Boulevard from 43rd Avenue to US 1, and the extension of Aviation Boulevard to the County's medical corridor. On February 14, 2024, the Indian River County Metropolitan Planning Organization (MPO) approved the 26th Avenue widening project as one of the top priority projects in the draft List of Priority Projects (LOPP). The project has also been identified in the Indian River County MPO's 2045 Long Range Transportation Plan as a roadway need and cost feasible project. It has also been identified in the Treasure Coast's 2045 Regional Long Range Transportation Plan as a tier 1 project. FUNDING In addition to TRIP funding, this project will also be funded by the Traffic Impact Fees 2020/District 2/ROW/261h Street & 43rd Ave Intersection account, number 10415241-066120- 19001, Traffic Impact Fees 2020/District 2/ROW/26th Street & 43rd Ave to 58th Ave account, number 10415241-066120-06011, and Traffic Impact Fees/District 2/ROW/26th Street - 58th Ave to 66th Ave account, number 10415241-066120-16006. 84 C:\Granicus\Legistar5\L5\Temp\227220ae-1927-41b0-9562-c4a539dc5eed.docx 1 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Resolution of Support for widening of 26th Street between 66th Avenue and 43rd Avenue. ATTACHMENTS 1. Resolution of Support 2. Location Map 85 C:\Granicus\Legistar5\L5\Temp\227220ae-1927-41b0-9562-c4a539dc5eed.docx 2 RESOLUTION NO. 2024 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE PROJECT TO WIDEN AND IMPROVE 26TH STREET FROM 66th AVENUE TO 43 d AVENUE FOR THE 2024 TRANSPORTATION REGIONAL INCENTIVE GRANT PROGRAM (TRIP) APPLICATION. WHEREAS, the roadway construction to widen and improve 26th Street is in the Indian River County Metropolitan Planning Organization (MPO'S) 2045 Long Range Transportation Plan the Capital Improvement Element of the County's Comprehensive plan; and WHEREAS, on February 14, 2024, the MPO Board approved this project to be added on their List of Priority Projects (LOPP); and WHEREAS, the project will connect to other planned improvement projects, such as the widening of Aviation Boulevard from 43rd Avenue to US 1, and the extension of Aviation Boulevard to the County's medical corridor; and WHEREAS, the construction of the project is located within Indian River County right-of- way of 26th Street; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County submit this Resolution of Support for the 2024 TRIP application; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to sign and submit to the State of Florida, Department of Transportation, a Resolution of Support for the 26th Avenue Improvement project. The maintenance of said roadway, sidewalks and bike paths will be completed by Indian River County. The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner being put to a vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Joseph H Earman Commissioner Deryl Loar Commissioner Laura Moss RESOLUTION NO. 2024 - who and, upon The Chairman there upon declared the resolution passed and adopted this 23rd day of April 2024. BOARD OF COUNTY COMMISSIONERS 86 Page 1 of 2 OF INDIAN RIVER COUNTY, FLORIDA LIM Attest: Ryan L. Butler, Clerk of Court and Comptroller 0 Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, County Attorney Susan Adams, Chairman Page 2 of 2 87 P. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM To: Board of County Commissioners Through: John Titkanich, Jr., County Administrator Prepared By: Jim Mann, MPA; MPO Senior Planner Date: April 12, 2024 Subject: Resolution of Support for Aviation Boulevard Extension Project It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of April 23, 2024. DESCRIPTION, CONDITIONS, AND ANALYSIS The County's Capital Improvements Element includes a project to extend Aviation Boulevard east of US 1 to 37th Street. Recently, the County submitted a grant application to the Florida Department of Transportation (FDOT) for funding through the County Incentive Grant Program (CIGP) to construct the extension. One item required with the grant application is a Resolution of Support from the Board of County Commissioners. The Aviation Boulevard Extension project will include the construction of a new roadway from US 1 to 37th Street. The project will also include pedestrian and bicycle improvements such as 7' buffered bike lanes and sidewalks on both sides of the road. It will also provide an alternate route to the County's main medical corridor, while helping to alleviate traffic along US 1 from Aviation Boulevard to 37th Street. The Aviation Boulevard Extension has been identified in the Indian River County MPO's 2045 Long Range Transportation Plan as a roadway need and cost feasible project. FUNDING The extension of Aviation Boulevard will be funded through the County Incentive Grant Program (CIGP), as well as through Optional Sales Tax/Road & Bridge/ROW/Aviation Extension - USI to 37th Street account, number 31521441-066120-22010, Traffic Impact Fees 2020/District II/Aviation Extension-US1 to 37th Street Account, number 10415241-066510-22010, and Traffic Impact Fees/District 2/Aviation Extension-US1 to 37th Street account, number 10215241- 066510-22010. 89 C:\Granicus\Legistar5\L5\Temp\6918e265-d89b-4c14-96c4-ffdc769fa0ILdocx 1 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Resolution of Support for the extension of Aviation Boulevard. ATTACHMENTS 1. Resolution of Support 2. Location Map 90 C:\Granicus\Legistar5\L5\Temp\6918e265-d89b-4c14-96c4-ffdc769fa011.docx 2 RESOLUTION NO. 2024 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE EXTENSION OF AVIATION BOULEVARD BETWEEN US 1 AND 37TH STREET FOR THE 2024 COUNTY INCENTIVE GRANT PROGRAM (CIGP) APPLICATION. WHEREAS, the roadway construction project to extend Aviation Boulevard is in the Indian River County Metropolitan Planning Organization (MPO's) 2045 Long Range Transportation Plan and the Capital Improvement Element of the County's Comprehensive Plan; and WHEREAS, the construction of the project will alleviate traffic along US 1, from Aviation Boulevard to 37th Street; and WHEREAS, the construction of the project will provide an alternate route to Indian River County's main medical corridor, including the Cleveland Clinic hospital; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County submit this Resolution of Support for the 2024 CIGP application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to sign and submit to the State of Florida, Department of Transportation, a Resolution of Support for the Aviation Boulevard Extension project. The maintenance of said roadway, sidewalks and bike paths will be completed by Indian River County. The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner being put to a vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Joseph H Earman Commissioner Deryl Loar Commissioner Laura Moss RESOLUTION NO. 2024 - who and, upon 91 Page 1 of 2 The Chairman there upon declared the resolution passed and adopted this 23 d day of April 2024. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Z Attest: Ryan L. Butler, Clerk of Court and Comptroller M Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, County Attorney Susan Adams, Chairman Page 2 of 2 92 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM To: Board of County Commissioners Through: John Titkanich, Jr., County Administrator Prepared By: Jim Mann, MPA; MPO Senior Planner Date: April 12, 2024 Subject: Appointment of Board of County Commissioners Alternate Representative to the MPO Bicycle Pedestrian Advisory Committee It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of April 23, 2024. DESCRIPTION AND CONDITIONS This agenda item is to consider the appointment of an applicant to fill the position of Board of County Commissioners alternate on the MPO Bicycle Pedestrian Advisory Committee (BPAC). The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. Below is the name of a qualified applicant for this position, whose resume is available for review in the front office area of the Commission office: • Robert Banov Robert Banov is very active in the cycling community and has submitted an application to be the BCC alternate representative to the Bicycle Pedestrian Advisory Committee (BPAC). Solana Morris is the current representative and, as the alternate, Robert Banov will attend in her absence. The BPAC typically meets once each quarter. RECOMMENDATION Staff recommends that the Board review the resume and application of Robert Banov and appoint Mr. Banov as the Board of County Commissioners alternate representative to the MPO Bicycle Pedestrian Advisory Committee. C:\Granicus\Legistar5\L5\Temp\17c9bb2e-dc36-42e7-8944-566ed42a987b.docx 94 Indian River County Boards & Commissions Submit Date: Mar 04. 2024 Profile Robert Banov First Name Middle Last Name Initial banovarchCEllsouth.net _ Email Address (Residence address: 6700 2975 20th Street (all mail) Carson's Trail 32967) Street Address suite or Apt Vero Beach — FL _ 32_960 city — _—�_ ---- Staten Postal code Home: (772) 299-6_565 — Mobile: (772) 473-7094 Primary phone Anemate Phone Banov Architects P.A. Owner _ _...__._.._.._. Employer ' Job* itte Which Boards would you like to apply for? MPO Bicycle Pedestrian Advisory Committee: Submitted ` How long have you been a resident of Indian River County? 34 years Are you a full-time or part-time resident? Select one. W Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. Banov Architects PA Please list any licenses you presently hold: State of Florida Architect AR0008126 State of Florida General Contractor CGCA24727 State of Florida Real Estate Salesman SL487691 Please list any organization of which you are currently a member: Vero Cycling Please list any other committees or boards you currently sit on: None Interests & Experiences Robert Banov 95 Why are you interested in serving on a board or commission? 1 am interested finpromoting bicycle and pedestrian safety in Indian River County. I have been asked to serve as an alternate for Solana Morris. Commi t e 4policcation Banov.odf Upload a Resume Demographics Race (Used for State Reporting) (J, Caucasian Do you have a government recognized disability? (Used for State reporting Information) o Yes c•: No Robert Banov 96 Name: Robert Banov INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Date: 0711.0717 Full Name: Robert. Banov Email Address: banoyarch@bellsouth.het Street Address (No P. -O. Boxes): 2975' 20th Street Home Phone: 772-299-6565 Work Phone: 772-299=8565 Cell Phone: 772-299-6565 How long have you been a resident of Indian River County? 28 years Are you a full or part time resident? Check one: Full Time[Z] Part TimeO Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Banov Architects, P.A. & Banov Construction, LLC. Please list any licenses you presently hold: General Contractor, State of Florida/ Registered Architect, State of Florida/ -Real Estate agent, State of Florida Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on: Polo Grounds Homeowners' Assoc. Board Continued on next page 97 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE NEIGHBORHOOD STABILIZATION PROGRAM -- CITIZEN ADVISORY TASK FORCE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ Pease -print and return the completed applicafiort, along With aturrenfr_esume; to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. f?r•3nt3 98 ROBERT BANOV CONTRACTOR/ARCHITECT PRINCIPAL PROFESSIONAL STATUS STATE CERTIFIED GENERAL CONTRACTOR, FLORIDA SINCE 1985, LICENSE #CGCA24727 REGISTERED ARCHITECT SINCE 1975; REGISTERED ARCHITECT IN FLORIDA, SOUTH CAROLINA AND VIRGINIA; N.C.A.R.B. CERTIFIED LEED ACCREDITED PROFESSIONAL (U.S. GREEN BUILDING COUNCIL) LICENSED REAL ESTATE SALESMAN, STATE OF FLORIDA COMMUNITY ACTIVITIES & AFFILIATIONS BIKE WALK INDIAN RIVER COUNTY MEMBER, BIKE REHAB PROGRAM VOLUNTEER VERO CYCLING MEMBER COMMUNITY CHURCH OF VERO BEACH BUILDING COMMITTEE MEMBER/2006-PRE5ENT EDUCATION FOUNDATION SCE►NCE FAIR JUDGE, 2013 EDUCATIONAL BACKGROUND BACHELOR OF ARCHITECTURE CASE WESTERN RESERVE UNIVERSITY, CLEVELAND, OHIO GRADUATE STUDIES OHIO STATE UNIVERSITY PROFESSIONAL EXPERIENCE 1996 - PRESENT BANOV CONSTRUCTION, LLC FIRM SPECIALIZES IN DESIGN -BUILD SERVICES FOR LUXURY HOMES AND COMMERCIAL PROJECTS; APPROVED GENERAL CONTRACTOR IN ORCHID ISLAND GOLF & BEACH CLUB, LAUREL RESERVE AND MANY OTHER VERO BEACH COMMUNITIES 1980 - PRESENT ROBERT BANOV, ARCHITECT BANOV ARCHITECTS, P.A, ARCHITECTURAL FIRM INVOLVED IN VARIOUS BUILDING TYPES: RESTAURANTS, CUSTOM AND. MULTI -FAMILY RESIDENCES, COMMERCIAL CENTERS, HISTORIC RENOVATIONS, MARINAS, RESORTS/HOTELS. 1989-1999 PRESIDENT OF BEACHLAND ENTERPRISES, INC. CONSTRUCTION AND DEVELOPMENT COMPANY INVOLVED IN BUILDING OF CUSTOM SINGLE FAMILY RESIDENCES. 1994-1998 JOINT VENTURE.PARTNER "BRUNSWICK EAST ASSOCIATES" DEVELOPING LUXURY OCEANFRONT SUBDIVISION ON NORTH HUTCHINSON ISLAND. 1989-1993 GENERAL PARTNER OF PALM BEACH SHORES ASSOCIATES, LTD. STUDIED THE FEASIBILITY OF A FOUR-STAR HOTEL AND LUXURY CONDOMINIUMS ON A 20 -ACRE PROPERTY ON SINGER ISLAND, FLORIDA. 99 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: March 15, 2024 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Howard G. Richards, P.E., Manager - Capital Projects Subject: Amendment to Work Order 3 to AtkinsRealis USA for Continuation of Supplemental Staff Support Services Background: The Capital Improvement Plan (CIP) for the Indian River County Department of Utility Services (IRCDUS) includes the long-range (10 years), short-range (5 years) and annual capital plans for County's Water, Wastewater, and Resue systems. The CIP master list comprises capital projects, asset renewals, and major equipment procurement, that averages between $24 million and $30 million annually. The growth of IRCDUS' CIP has placed challenges on its limited Engineering staff to provide oversight and management of the projects. As such, IRCDUS has looked to the consulting community to provide temporary staff while it continues with recruiting efforts to fill vacant positions. On November 7, 2023, the Indian River County Board of County Commissioners (BCC) approved Work Order No.3 to AtkinsRealis USA pursuant to Continuing Contract Agreement, dated May 2, 2023, to provide supplemental staff support services for the amount of $150,000.00. Since then, the Atkins engineering consultants have been providing project management support to IRCDUS, including project initiation, planning, oversight, and administration. IRCDUS desires to continue with AtkinsRealis supplemental staff support services, while it continues with recruiting efforts to fill staff vacancies. Analysis: IRCDUS is projecting that the BCC approved budget of $150,000.00 for WO 3 will be exhausted sometime around May 4, 2024. AtkinsRealis is interested and agrees to continue its services beyond that date (subject to BCC approval) and provided the attached Amendment 1 to WO 3 for the amount of $150,000.00, which would effectively extend the contract through the end of the fiscal year, or September 30, 2024. Funding: Expenses in the amount of $150,000.00 for these services will be derived from the Utilities/Gen & Eng/Other Professional Services account, number 47123536-033190, in the Utilities operating fund. 100 Consent Item Utilities operating funds are generated from water and sewer sales. Description Account Number Amount Utilities/Gen & Eng/Other Professional 47123536-033190 $150,000.00 Services Recommendation: Staff recommends that the Board of County Commissioners approve Amendment No.1 to Work Order 3 with AtkinsMalis USA in the amount of $150,000.00 to provide continuation of supplemental staff support conAroc nnrl ni ithnri7n tho rhair to ovori ito tho cnmo rn Inna x thoro mro nn rknnaoc in tho Hnllar amount is directed ;er and the 101 2023015 — Continuing Consulting Engineering Services AMENDMENT TO WORK ORDER FOR Supplemental Staff Support Services (Project Name) This Amendment 1 to Work Order Number 3 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 AtkinsRdalis USA ("Consultant"). i. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 3 , with an Effective Date of November 7, 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. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Print Name: Title: 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 102 kYAtkinsRealis IRC Work Order 3 FY24 Supplemental Services - Amendment 1 Howard Richards, PE Indian River County Department of Utility Services 1801 27th Street Vero Beach, FL 32967 February 27, 2024 Dear Howard, Atkins 482 South Keller Road, Suite 300 Orlando, FL 32810-6101 Direct: 407 806 4178 Mobile: 352 682 1326 Yvonne.Picard@Atkinsrealis.com The current IRC Work Order 3 - FY24 Supplemental Services funds are projected to continue through May 3, 2024. AtkinsRealis understands that the Utilities Department would like to continue the services associated with Work Order 3. Please accept this letter as Amendment 1 to Work Order 3 for an additional amount of $150,000, bringing the total not to exceed (NTE) fee for Work Order 3 to $300,000, as shown below. Task Description Work Order 3 Fee Initial Fee Amendment 1 Total Fee Supplemental Staff Support Labor $134,720 $145,428 $280,148 Expenses $15,280 $4,572 $19,852 Total $150,000 $150,000 $300,000 Services will continue to be invoiced on a time and materials basis within the NTE, with budgets between the tasks and expenses being interchangeable, as needed. Costs will be based on the Billing Rates in accordance with the Continuing Contract Agreement for Consulting Engineering Services of May 2023 (RFQ-2023015). The Billing Rates are attached for your convenience. Supplemental staff is intended to be provided on an as needed basis and therefore may vary each week depending on the Department's workload. However, a standard week would include AtkinsRealis providing the equivalent of one full-time employee (40 hours) in addition to working one day in the Department's main offices in Vero Beach, FL. When appropriate, an AtkinsRealis employee will also spend four (4) consecutive days each month in the main offices. With these guidelines, a standard monthly burn rate for supplemental services would be approximately $27,850.00. Projecting this extends the contract approximately 21 additional weeks, with a completion date at the end of September 2024. As always, it is a pleasure to work with the Utilities Team and we look forward to continuing our support. Thank you, Yvonne Picard AtkinsRealis Sr. Project Manager Erika Barrett AtkinsRealis Project Manager 103 ,-,c �. Exhibit 2 - Standard Rates ATKINS Atkins North America, Inc 482 South Keller Road Orlando, Florida 32810-6101 Telephone: +1.407.647.7275 www.atkinsgiobal.com/northamerica Subject: Indian River County Continuing Engineering Services RFQ 2023015 As requested, the following is our information regarding proposed hourly rates for the subject contract. These hourly billing rates will remain effective for the initial duration of this Agreement, and may be renegotiated should an additional renewal period be exercised. Labor Catemy * Proposed B Mg I�aaM r. Project Manager: .00 'Project Manager Princi ;Technical Professions; $290. r En ineer W r neer Ill' ;$208.00 neer 11 $178.00 r'E neerI..... $154.0 n neer if $131.00 Engineer 1 n ineerintem _ _. -11125.001 $95.00 hief Designer 496.0 IDesigner U.$16CO01 r Designer 1 54.001 nician II $113.0 Analyst III $172.0 Analyst 143.0 Landscape Arch' N a a Architect II $172.0 hitect t Wa."nhitpct $83.0stimatio —$184.0.$249.0 ist II 184,i .t.. $148. err $101. AdministrativeAssistant S95.0 * Representative titles only - not intended to capture all titles necessary for assignments. CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kirstin Leiendecker, P.E., Acting Public Works Director Rob Skok, Infrastructure Project Manager FROM: Jill Williams, Contract Support Specialist SUBJECT: Work Order No. 3 — MBV Engineering, Inc. Traffic Operations Facility, IRC -2104 DATE: April 3, 2024 DESCRIPTION AND CONDITIONS On April 6, 2021, the Board of County Commissioners approved Work Order No. 4 to Donadio and Associates (a Spiezle Company) to prepare construction documents for a new single story, 20,600 sq. ft. Traffic Operations Facility and a single story, 5,130 sq. ft. covered storage structure, open on four sides. The scope includes architectural design, structural engineering, mechanical/electrical engineering and civil engineering, and architectural assistance with bidding services for a contract amount of $261,900.00 plus $57,100.00 in reimbursable expenses for a total of $319,000.00. The civil engineering was subcontracted by Donadio to MBV Engineering, Inc. but no bidding services or construction phase service compensation for MBV was included in Work Order No. 4. The Traffic Operations Facility was advertised for bid on August 6, 2023. During the bidding phase, staff from MBV Engineering, Inc. attended the pre-bid meeting and provided responses and revised plan sheets for questions submitted prior to bid opening. Work Order No. 3, in a not -to -exceed amount of $37,395.00, is to compensate MBV for these bidding services, as well as construction phase services which will include the pre - construction meeting, bi-monthly construction meetings, shop drawings and clarifications, and final certifications for permits. FUNDING Funding is budgeted and available from Account No. 31522019-066510-20017/Optional Sales Tax/Facilities Management/Traffic Operations Building in a not -to -exceed amount of $37,395.00. RECOMMENDATION Staff recommends the Board of County Commissioners approve Work Order No. 3 in a not -to -exceed amount total of $37,395.00 with MBV Engineering, Inc. and authorize the Chairman to execute) the same. ATTACHMENTS Work Order No. 3 APPROVED AGENDA ITEM FOR APRIL 23, 2024 105 C:\Granicus\Legistar5\L5\Tem p\69805a 6f-4516-46da-b60a-e83cf6f9640d.doc IRC -2104 TRAFFIC OPERATIONS FACILITY ENGINEERING SERVICES WORK ORDER 3 This Work Order Number 3 is entered into as of this _ day of pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV ENGINEERING, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: MBV ENGINEERING, INC. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 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: William K. DeBraal, County Attorney 106 EXHIBIT A - SCOPE OF WORK It is understood the COUNTY desires post -design services for the Bidding and Construction phase of the Indian River County Traffic Operations Facility, Project No. IRC -2104. CONSULTANT (MBV Engineering, Inc.) proposes to provide to COUNTY the below detailed scope of work associated with the Bidding and Construction phase services. BIDDING SERVICES: Task 1— Bidding Phase Services The COUNTY shall be responsible for providing the front-end bid documents, bid opening date, advertisement of bid, scheduling of pre-bid meeting and bid opening date. The CONSULTANT will provide the following: 1. Pre -Bid Plans. The CONSULTANT will prepare the Civil Plans and Civil Cost Estimate and transmit to COUNTY to be included in the Bidding package. 2. Pre -Bid Meeting. The CONSULTANT will attend the pre-bid meeting at the COUNTY for the project bidding phase kick-off with the COUNTY and project team. 3. Response to RFIs. The CONSULTANT will provide the necessary responses to the Request for Additional Information (RFI) from the bidders and COUNTY. 4. Final Civil Bid Plans package. The CONSULTANT will provide the final updated Civil bid package back to COUNTY reflecting any revisions/clarifications on the plans or in the documents form the Bidding RFIs. Task 2 — Construction Phase Services The CONSULTANT will provide the following: 1. Pre -Construction Meeting. The CONSULTANT will attend the pre -construction meeting at the COUNTY for the project construction phase kick-off with the selected contracting team and applicable governmental agencies. 2. Bi -Monthly Construction Meetings. The CONSULTANT will attend the Bi -Weekly Construction meetings every other week at the site during the Construction Phase. It is assumed the Bi -weekly meetings will continue until the project has obtained substantial completion as deemed by COUNTY. 3. Shop Drawings and Samples. The CONSULTANT will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other actiorl will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or 107 procedures of construction or related to safety precautions and programs. Shop drawings, samples or certifications are anticipated to be submitted related to the following: • Roadway and Drainage elements • Water and Sewer elements • Signing and Marking elements 4. Clarifications and Interpretations. The CONSULTANT will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to the COUNTY as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the COUNTY. 5. Change Orders. The CONSULTANT may recommend Change Orders to the COUNTY and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. 6. Applications for Payment. CONSULTANT will provide assistance to ARCHITECT for the Civil portion of the Monthly applications for payment. 7. Project Coordination. The CONSULTANT or CONSULTANT'S Inspector shall attend miscellaneous field meetings and provide coordination services to the team representatives and COUNTY as required for the civil site work related items to assist with construction related issues or concerns. 8. Record Drawing Review and Permit Certification. The CONSULTANT will review the Record Drawings as submitted by the Contractor. Based upon receiving acceptable Record Drawings from the Contractor, the CONSULTANT will prepare and submit certifications to the following jurisdictional agencies: • Indian River County • St. Johns River Water Management District 9. Final Notice of Acceptability of the Work. The CONSULTANT will promptly, after notice from Contractor that it considers the entire Work ready for its intended use, in company with the COUNTY and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. The CONSULTANT will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that the CONSULTANT may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, the CONSULTANT shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of the CONSULTANT's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. 108 FEE SCHEDULE (See EXHIBIT B) The COUNTY agrees to pay and the Consultant (MBV Engineering, Inc.) agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Fixed Fee: Task Task 1— Bidding Phase Services Labor Fee $ 6,025 Task 2 — Construction Phase Services $ 31,370 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 109 EXHIBIT B - RATE SCHEDULE Project Name IRC 2104: IRC Traffic Operations Facility - Bidding & Construction Phase Services Task Summary Manhours for project PRE-BID PHASE ESTIMATE Task Principal Senior Senior Jr. Inspector Support Engineer 11 Engineer) Engineer Staff $240 $210 $185 $160 $140 $75 Bidding Phase Services 0 8 18 4 0 5 Total Hours = 0 8 18 4 0 5 Labor Fee= $0 $1,680 $3,330 $640 $0 $375 Total Labor Fee = 6,025 CONSTRUCTION PHASE ESTIMATE Task Principal Senior Registered Jr. Inspector Support Professional Professional Engineer Staff $240 $210 $185 $160 $140 $75 Construction Phase Services 0 94.5 0 24 49 11 Total Hours = 0 94.5 0 24 49 11 Labor Fee= $0 $19,845 $0 $3,840 $6,860 $825 Total Labor Fee = 31,370 TOTAL LA13OR FEE 1 $37,395 Exhibit B - Traffic OPs COA Manpower Estimates Page 1 110 0 § � Cl) 0 U lu § � CL CL e , ul LU } uj LLI CL \ ( 10 Im � \ § ( / � k k \ / 0 § � Cl) 0 U lu } \ ( ( / — \ § 16 E5| } | _| { , ! « ] ) 0 > 2 J Z, ` cm\ } } §\ k p a a E J m c C] 2# 7 Z CT I} m! B J] Z I�. CONSENT TO: THROUGH: FROM: SUBJECT: DATE: INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Board of County Commissioners John A. Titkanich, Jr., County Administrator Kirstin Leiendecker, P.E., Acting Public Works Director Richard Reichenbach, P.E., Project Engineer Jill Williams, Contract Support Specialist Award of Bid No. 2024015 Oslo Road and 901h Avenue Roadway Improvements (IRC -2215) April 11, 2024 DESCRIPTION AND CONDITIONS The County is improving 90th Avenue to a 2 -lane rural roadway with paved shoulders between 13th Street SW and Oslo Road, approximately 3,000 linear feet. Improvements to 13th Street SW between 90th Avenue and 86th Avenue SW are being proposed by the Florida Department of Transportation (FDOT) in conjunction with the Oslo Road/1-95 interchange improvements. In addition to improving 90th Avenue, Oslo Road will be improved to a 2 -lane rural roadway with paved shoulders between 90th Avenue and the western terminus of the FDOT Oslo Road improvements, approximately 1,600 linear feet. On September 13, 2022, the Board of County Commissioners approved Work Order No. 54 to Kimley-Horn and Associates, Inc. to provide survey, geotechnical investigation, roadway design, and permitting services for the proposed roadway improvements to be made to the 90th Avenue and Oslo Road Corridor. A bid opening for the project was held on April 10, 2024. As summarized below, six (6) responsive bids were received and opened during a public meeting. A detailed bid tabulation is on file and available for viewing in the Public Works Engineering Division. Bid totals are as follows: COMPANY BID AMOUNT Guettler Brothers Construction, LLC Fort Pierce FL $2,396,716.50 Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. Fort Pierce, FL $2,709,814.00 Timothy Rose Contracting, Inc. Vero Beach, FL $2,919,610.00 MCJ Land Development, LLC Royal Palm Beach, FL $3,013,931.30 C.W. Roberts Contracting, Inc. Palm City, FL $3,583,699.75 Firethorn, Inc. Fort Pierce, FL $3,994,064.95 Halley Engineering Contractors, Inc. Miami, FL DQ (bid read $3,198,526.60) 112 Award of Bid No. 2024015 Oslo Road and 9011 Avenue Roadway Improvements (IRC -2215) For April 23, 2024 BCC Meeting Halley Engineering, Inc.'s bid was disqualified after the public bid opening for failure to submit a completed Disclosure of Relationships form. Guettler Brothers Construction, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $2,396,716.50, which is $636,902.5 or 20.995%, below the Cost Estimate of $3,033,619.00. Guettler Brothers Construction, LLC has successfully completed various projects for the County in the past. FUNDING Funding for this project, in the amount of $2,396,716.50, is budgeted and available the following account(s): Account Description Account Number Amount Traffic Impact Fees/District 3 Roads/90th Avenue & 10215341-066510-22039 $1,576,871.00 Oslo Road Corridor Traffic Impact Fees 2020/District 2 Roads/90th 10415241-065610-22039 $819,845.50 Avenue & Oslo Road Corridor RECOMMENDATION Staff recommends the project be awarded to Guettler Brothers Construction, Inc. in the amount of $2,396,716.50. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement 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. ATTACHMENTS Sample Agreement AGENDA ITEM FOR APRIL 23, 2024 113 CACicus\Legis=5\L5\Temp\924dO5f7-c955-4&20-ae5a-662f984db5c 1. doe SECTION 00520 Agreement (Public Works) TABLE OF CONTENTS Title SECTION 00520 Agreement (Public Works) ........................................ M.......... ARTICLE1- WORK ......................................................... ARTICLE 2 - THE PROJECT ............................................. ARTICLE 3 - ENGINEER.............................................14 ARTICLE 4 - CONTRACT TIMES ...................................... ARTICLE 5 - CONTRACT PRICE .................. ....... ARTICLE 6 - PAYMENT PROCEDURES ......... ........... ARTICLE 7 - INDEMNIFICATION .... ......... Page .........1 ........................................2 ........................2 ......... .........2 ............. ...........2 3 ..........................................5 ..........................................6 ..........................................7 LEFT BLANK INTENTIONALLY] Agreement (Public Works) REV 04-07 - 00520 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\2215 90th Ave and Oslo Rd Corridor Improvments\1-Admin\Agenda Items\Award of Bid\Sample AgreemAi44 SECTION 00520 Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed project includes roadway reconstruction from an existing dirt road to a paved two-lane highway along 90th Avenue from 13th Street SW to Oslo Road. The proposed project includes the roadway reconstruction of an existing dirt road to a paved two-lane highway along Oslo Road from 90th Avenue to approximately 1,100 feet west of 86th Avenue SW. The proposed drainage improvements will also include the construction ofswales, installation of culverts, and installation drainage structures throughout the corridor. The work will include the installation of 112 linear feet of an 84 -inch reinforced concrete pipe in Indian River Farms Water Control District (IRFWCD) sublateral D-4 canal. Construction shall begin by June 1, 2024, with final completion by 2128/2025. ARTICLE 2 - THE PRC�IECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: OSLO ROAD AND 90TH AVENUE ROADWAY IMPROVEMENT County Project Number: IRC -2215 Bid Number: 2024015 Project Address: Olso Road and 90th Avenue, Vero Beach, FL 32968 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the Agreement (Public Works) REV 04-07 - 00520 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\2215 90th Ave and Oslo Rd Corridor Improvments\1-Admin\Agenda Items\Award of Bid\Sample Agreern445 rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 240th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 270th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $2,592.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $2,592.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is compl'" and ready for final payment. it I* ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Agreement (Public Works) REV 04-07 - 00520 - 3 F:\Public Works\ENGINEERING DIVISION PROJECTS\2215 90th Ave and Oslo Rd Corridor Improvments\1-Admin\Agenda Items\Award of Bid\Sample Agreern446 Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 YIN 6.03 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until substantial completion of all work to be performed by CONTRACTOR under the Contract Documents. B. For construction projects less than $10 million, at the time the OWNER is in receipt of the Certificate of Substantial Completion, the OWNER shall have 30 calendar days to provide a list to the CONTRACTOR of items to be completed and the estimated cost to complete each item on the list. OWNER and CONTRACTOR agree that the CONTRACTOR'S itemized bid shall serve as the basis for determining the cost of each item on the list. For projects in excess of $10 million, OWNER shall have up to 45 calendar days following receipt of Certificate of Substantial Completion of the project to provide CONTRACTOR with said list. C. Payment of Retainage - Within 20 business days following the creation of the list, OWNER shall pay CONTRACTOR the remaining contract balance including all retainage previously withheld by OWNER except for an amount equal to 150% of the estimated cost to complete all of the items on the list. Upon completion of all items on the list, the CONTRACTOR may submit a payment request for the amount of the 150% retainage held by the OWNER. If a good faith dispute exists as to whether one or more of the items have been finished, the OWNER may continue to withhold the 150% of the total cost to complete such items. The OWNER shall provide CONTRACTOR written reasons for disputing completion of the list. Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of Agreement (Public Works) REV 04-07 - 00520 - 4 I'APublic Works\ENGINEERING DIVISION PROJECTS\2215 90th Ave and Oslo Rd Corridor Improvments\1-Admin\Agenda Items\Award of Bid\Sample Agreern44-7 progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICUAr CO REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Agreement (Public Works) REV 04-07 - 00520 - 5 F:\Public Works\ENGINEERING DIVISION PROJECTS\2215 90th Ave and Oslo Rd Corridor Improvments\1-Admin\Agenda Items\Award of Bid\Sample Agreem4,18 paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. CONTRACTOR is registered with and will use the Department of un 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 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-10, inclusive); Agreement (Public Works) REV 04-07 - 00520 - 6 F.\Public Works\ENGINEERING DIVISION PROJECTS\221590th Ave and Oslo Rd Corridor Improvments\1-Admin\Agenda Items\Award of Bid\Sample Agreem449 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1 9. General Conditions (pages 00700-1 to 00700-37, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-12, inclusive); 11. Specifications as listed in Division I (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet (1), and sheets numbered 2 through 69, inclusive, with each sheet bearing the following general tide: Oslo Road and 90th Avenue; 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Special Conditions for Right of Way Construction Appendix D — Subsurface Soil Exploration and Geotechnical Engineering Evaluation 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 16. Bid Bond (page` 00430-1); 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 20. List of Subcontractors (page 00458-1); Agreement (Public Works) REV 04-07 - 00520 - 7 F:\Public Works\ENGINEERING DIVISION PROJECTS\221590th Ave and Oslo Rd Corridor Improvments\1-Admin\Agenda Items\Award of Bid\Sample Agreem4t20 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue Agreement (Public Works) REV 04-07 - 00520 - 8 r:\Public Works\ENGINEERING DIVISION PROJECTS\2215 90th Ave and Oslo Rd Corridor Improvments\1-Admin\Agenda Items\Award of Bid\Sample Agreem12-1 A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: (1) Keep and maintain public records required by the County to perform the service (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a 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. Al B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@indianriver.gov Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 Agreement (Public Works) REV 04-07 - 00520 - 9 F:\Public Works\ENGINEERING DIVISION PROJECTS\2215 90th Ave and Oslo Rd Corridor Improvments\1-Admin\Agenda Items\Award of Bid\Sample Agreem12-2 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] Agreement (Public Works) REV 04-07 - 00520 - 10 F:\Public Works\ENGINEERING DIVISION PROJECTS\2215 90th Ave and Oslo Rd Corridor Improvments\1-Admin\Agenda Items\Award of Bid\Sample Agreemlit23 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 day of 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY LIM By: Susan Adams, Chairman John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: William K. DeBraal, County Attorney Ryan L Attest: (SEAL) Designated Representative: Name: Kirstin Leiendecker, P.E. Title: Acting Public Works Director 1801 27th Street Vero Beach, Florida 32960 (772) 226-1327 Facsimile: (772) 226-1371 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: -1*161 License No (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * Agreement (Public Works) REV 04-07 - 00520 - 11 F:\Public Works\ENGINEERING DIVISION PROJECTS\2215 90th Ave and Oslo Rd Corridor Improvments\1-Admin\Agenda Items\Award of Bid\Sample AgreernI24 sou Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: March 27, 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: Harrison Youngblood, PE, Utilities Engineer Subject: TLC Diversified, Inc. Change Order 4 and Kimley-Horn and Associates, Inc. Work Order 6 Amendment 2 for Oslo Water Treatment Plant Improvements Descriptions and Conditions: The Indian River County Department of Utility Services (IRCDUS) operates two water treatment plants (WTP), Hobart WTP and Oslo WTP, to provide potable water service to its customers. Both plants have a combined capacity of 25.7 million gallons per day (MGD) and an average daily flow of approximately 12 MGD. The treatment facilities obtain raw water from the upper Floridan aquifer and treat it with nanofiltration. Pretreatment for the membranes includes addition of sulfuric acid and a scale inhibitor. The permeate from the nanofiltration process is blended with raw water and the blended water has chlorine added for disinfection. In addition, fluoride is added for fluoridation and lime, carbon dioxide and sodium hydroxide are added for remineralization, pH and alkalinity control as well as calcium carbonate stability. An evaluation of the membrane system and associated equipment at the Oslo WTP determined they needed rehabilitation and replacement. The condition assessment evaluated the reliability of the existing mechanical equipment, including the membrane booster pumps; reverse osmosis (RO) trains; feedwater, permeate, and concentrate piping; pipe trenches; membrane skids; small piping systems; and high service pump distribution piping systems. On December 17, 2019, the Indian River County Board of County Commissioners (BCC) awarded Work Order (WO) 1 to Kimley-Horn and Associates (KHA), pursuant to Request for Qualification (RFQ) 2019070 for Professional Services for Water Plant and Water Resources Engineering Services awarded November 5, 2019, to provide design, permitting, and bidding phase services for the Oslo WTP Improvements project, in the amount of $568,249.00. Amendment 1 to Work Order 1 was issued on October 6, 2020, to address further items in the project, which increased WO 1 by $127,252.00. On June 15, 2021, the BCC approved WO 6 to KHA to provide professional services to oversee the construction phase of the project in the amount of $1,222,545.00. Amendment 1 to WO 6 was issued on November 7, 125 Consent Item 2023, to provide additional services and additional time to assist with project delivery caused by a time extension to the contractor (see below), which increased WO 6 by $263,133.00. On June 15, 2021, the BCC awarded Bid #2021026 to TLC Diversified, Inc. (TLC) for the construction of the Oslo WTP Improvements project for the amount of $10,665,515.65. The Notice to Proceed (NTP) was issued on August 4, 2021, setting the initial completion date to November 2, 2023. Subsequent to the award, approved Work Change Directive (WCD) 1, Change Order 1 (CO 1), CO 2, and CO 3 were issued to TLC that cumulatively added work items, and increased the contract value by $1,020,621.72. Due to delays in lead times for materials as well as an increase in scope through change orders, TLC was not forecasted to meet the November 2, 2023, final completion date. As such, IRCDUS approved WCD 2 to TLC on August 9, 2023, authorizing a time extension which extends the substantial completion date to March 15, 2024, and final completion date to May 17, 2024. Analysis: Based on the progress of construction post August 9, 2023, when the time extension was approved via WCD 2, it became evident that TLC was not going to meet the March 15, 2024 substantial completion nor the May 17, 2024 final completion dates. This was confirmed by TLC in a bi-weekly meeting on February 21, 2024. In said meeting, IRCDUS requested that TLC submit a formal request for a time extension. On March 1, 2024, IRCDUS issued the attached Notice of Intent (NOI) to Assess Liquidated Damages to TLC. TLC responded to IRCDUS's NOI on March 6, 2024 (see attached letter). The TLC response laid out the circumstances surrounding delays they encountered and provided a draft finishing schedule with key milestone dates to complete construction. IRCDUS staff, KHA, and TLC held meetings to review the draft finishing schedule and develop agreed upon options to minimize the additional time beyond the May 17, 2024 final completion date. The discussions include potential additional costs to IRCDUS for the time extension to which the TLC project manager proposed a deduction from the contract value to offset any cost increase to IRCDUS. As a result, TLC has submitted CO 4 (see attached) that includes 1) a second time extension of 77 days to yield a new final completion date of August 2, 2024 (1,094 days from NTP), and 2) a Change in Contract Price for line item 345 of the schedule of values, which totals a $54,928.65 reduction. As noted above, granting TLC the second time extension request will result in additional costs to IRCDUS to retain KHA for continuation of construction phase services. Upon request by IRCDUS, KHA provided Amendment 2 to WO 6 for additional construction phase services through August 2, 2024, for the amount of $51,359.00. Amendment 2 to WO 6 includes coordination and progress meeting attendance, preparation of meeting minutes, construction observations, and inspector and engineer observations. The effect of deducting $54,928.65 from the TLC contract value and incurring the additional cost for KHA services, will result in a net savings of $3,569.65 in the overall cost of the Oslo Water Treatment Plant Improvements project. 126 Consent Item Funding: A net reduction of expenses, in the amount of $3,569.65 ($54,928.65 for the reduction in TLC contract value and $51,359.00 additional cost for KHA Amendment 2 to WO 6), for this project will be recorded in the Utilities/WIP/South R/0 Membranes & Retrofit account number 471-169000-19503. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/WIP/South R/O Membranes & Retrofit 471-169000-19503 ($3,569.65) Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve Change Order 4 to TLC Diversified, Inc. for a 77 -day time extension and a $54,928.65 reduction in contract value, and, Amendment 2 to Work Order 6 with Kimley-Horn and Associates, Inc. in the amount of $51,359.00 for additional time for construction phase services, for the Oslo Water Treatment Plant Improvements project, and authorize the Chairman to execute the same. So long as there are no changes in the dollar amount of the respective contract and work order, upon adequate completion of the work set forth in the respective contract and work order, staff is directed to make final payments to TLC Diversified, Inc. and Kimley-Horn and Associates, Inc., after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: • IRCDUS NOI to Assess Liquidated Damages • TLC's Response to IRCDUS NOI • TLC Change Order 4 • KHA WO 6 Amendment 2 127 March 1, 2024 Mr. John Elder, Project Manager TLC Diversified 271917th Street East Palmetto, FL 34221 Subject: Indian River County Contract No. 2021026 Notice of Intent to Assess Liquidated Damages Dear Mr. Elder: TLC Diversified is the General Contractor for the Oslo Water Treatment Plant Improvements Project for Indian River County Department of Utility Services (IRCDUS). The project had a Notice to Proceed on August 4, 2021, with a final completion date of November 2, 2023. TLC formally requested and was granted a 197 -day extension to the contract that provided a substantial completion date of March 15, 2024, and final completion date of May 17, 2024. Since this time extension request was granted, the work at the project site has not progressed to a point where the schedule is anticipated to be met. The following major components are required for substantial completion and have not yet been completed to date: 1. Replacement of NF Trains 1, 3 and 4; 2. Feed pump rehabilitation work; 3. Process piping improvements including feed water, permeate and concentrate; and, 4. Membrane clean -in-place system. As of February 29, 2024, there is currently less than one month of time prior to a substantial completion date — this date that requires the Owner, Indian River County, have beneficial use of the project. Given the amount of work that needs to be completed prior to the substantial completion date, the contract timeline is not anticipated to be met. The Owner and the Owner's engineering consultant have made multiple requests for the schedule to be updated and submitted, but none have been provided since the time extension work change directive was issued. Section 00530, Article 3 subsection -3.3 of the agreement between TLC and IRC dated July 6, 2021, is as follows: 3.3 Liquidated Damages. OWNER and CONTRACTOR 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 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and 128 Page 2 of 3 Letter to John Elder, Project Manager RE: Indian River County Contract No. 2021026 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 seven -hundred and fifty dollars ($750.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER seven -hundred and fifty dollars ($750.00) for each day that expires after the time specified in Paragraphs 3.1 and 3.2 for completion and readiness for final payment. 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 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 all expenses related to third party consultants in administering the Project beyond the Final Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever dote is later. The lack of progress made on this project is concerning to IRCDUS. This is a very important project for IRCDUS, in which significant resources have been dedicated to this project. Many concessions have been made by IRCDUS for the benefit of TLC as it relates to the terms and conditions of this contract without penalty. Given the lack of progress, and the non -responsiveness with regards to timeliness, IRCDUS acknowledges the liquidated damages section of the agreement between TLC and IRC to be a remedy and resource at its disposal to reinforce timely completion of this work. As such, this letter is intended to serve as IRC's Notice of Intent to assess liquidated damages in accordance with the contractual terms if the agreed upon dates are not met. Notwithstanding the foregoing, IRCDUS' expectation is that TLC submit an updated schedule within five (5) days of receiving this letter. The new schedule shall be provided in Gantt chart form with milestones, and shall be updated on a weekly basis going forward. If the schedule is reasonable and acceptable, IRCDUS will formally accept the changes by amendment. However, in the event the newly submitted timelines/milestones are not met, TLC shall, within one (1) business day, provide a written explanation as to the reason for the missed date and a plan of how the schedule will be recovered without any further time extension. It is expected that TLC will devote the resources needed to complete this project and adhere to the provided schedule with no further extensions. Be advised, IRCDUS reserves the right to assess Liquidated Damages and will do so if no new agreement is acceptable or if the agreed upon schedule is not met. It is our hope that TLC will dedicate the necessary manpower and resources to complete this project within reasonable timeframe. 129 cc: Sean C. Lieske, Director of Utility Services Howard Richards, PE, Manager—Capital Projects Richard Meckes, Operations Manager Nick Black, PE, Kimley-Horn and Associates Page 3 of 3 Letter to John Elder, Project Manager RE: Indian River County Contract No. 2021026 130 Mr. Harrison Youngblood, P.E (Utilities Engineer for Indian River County) 06 -March -2024 Indian River County 180027 th Street (Building "B") Vero Beach, Florida 32960 Subject: Indian River Contract No. 2021026 Delays Beyond the Contractors Control. Dear Mr. Youngblood, TLC Diversified is in receipt of your letter dated 01 -March -2024 requesting TLC to provide an updated Finishing Schedule with a written request for an extension of Contract time to include valid reasons for an extension. The letter also references the liquidated damages clause in the contract. Please note that TLC is relying on these same documents under General Conditions section 12.03 A and 12.03 C dealing with Delays beyond the control of the Contractor. A portion of this was modified under the Supplemental General Conditions where 12.03 A was removed and replaced with modified verbiage. Delays beyond the Contractors control are delineated in this section and state," Where Contractor is delayed or prevented from completing any part of the Work within the Contract Times due to delay beyond the control of the Contractor, the Contract Times (or Milestones) will be extended" The Contractor is tasked with providing evidence that the delay(s) impacted the critical path and prove that delays were caused by various items out of his control including acts of God and Owner related delays. TLC and our subcontractors and suppliers have experienced multiple and ongoing delays throughout this project which have affected our anticipated completion date. The entire construction industry is experiencing this issue on projects of long durations that overlapped with the Worldwide pandemic. We continue to ask the Owner for assistance in limiting these delays as this project is hypersensitive to any delays, critical shutdown requests and out of sequence work. TLC has commented throughout this project that we scheduled the project correctly but in reality, were forced to build it backwards and out of sequence because of the disastrous and ongoing delays caused by the pandemic. TLC issued a written (friendly Notice) to the Engineer and Owner on 29 -December -2021. We provided examples of (pricing escalations / delivery delays / labor shortages) and expressed that the project would run over. The Notice informed all parties not of one delay but instead a catastrophic set of (plural) delays in every part of the project. TLC requested help from the Owner and Engineer to deal with these issues and explained how TLC was self -performing many parts of the work in order to maintain forward motion in any place that was possible. Further examples of this can be discussed in necessary. 131 TLC has provided the Owner notice of delays both verbally in meetings and in writing as evidenced by language in each of the change orders stating," with the current supply chain delays that have been discussed in the project meetings it is difficult to quantify the additional time required to quote this change. TLC is therefore reserving our rights to additional time for the project that will be determined at a later date" An important point that needs to be relayed before discussing the delays and remedies to them, is the sequencing of different interconnected systems that are specific and re -occurring on this project. Each of these systems are hypersensitive to any delays, critical shutdown requests or out of sequence work. The work activities on this Oslo Road project were intentionally designed to be performed in series and not in parallel in order to maintain potable water delivery to customers in sufficient quantity and quality without interruption. As a result, any delay in any part of the project affects the entire series of activities on the entire project. For example: The New HSP pumps #4 and #5 had to be installed and operational before the existing HSP pumps 1,2,3 could be taken offline and renovated Only one of four R/0 skids can be taken offline and completely replaced including the initial demolition of the existing skid and related instrumentation and electrical work. Only one feedwater pump out of five can be taken off line at any given time including the demolition of the existing connecting 8" feedwater manifolds that selectively feed each of the four existing R/0 skids. The R/O permeate and concentrate stainless piping in the pipe trenches require complete demolition and then require a completely new larger stainless piping system installed in specific sequences in order to tie in the new R/0 systems while keeping the existing R/O systems and entire plant operational. - There are many other areas with these requirements, but we only want to point out that work throughout this Contract must happen in specific sequences. - Adding more people does not necessarily allow for more work to progress. For instance, TLC cannot go in and demo all of the existing R/O skids. - Please note that TLC offered suggestions that would allow the Contractor to build uninhibited by the phasing constraints which would allow for much faster progress. Each of these requests were not acceptable to the Owner. TLC utilized specified companies on this project and expected nothing short of on time and complete deliveries followed by the timely installation of each of the materials. We instead have continued to face delays beyond the control of not only the General Contractor but also to each of our suppliers and subcontractors. Being specific to your request, TLC provided a Finishing Schedule with a request for an extension of time for reasons delineated above. These re -scheduled activities rely on all predecessors to be completed before the next activity can begin 132 and each of the activities must be completed before its successor can begin. A slippage in only one the activities potentially delays all activities down line from it. The Off-site Well Modifications were delayed by deteriorated optic cables that needed to be replaced. Multiple meetings were held which ultimately resulted in modifications to the fiber optic cables. The final solution was to replace portions of existing fiber to make the SCADA system reliable. Since that time, the work to complete these four wells has been scheduled. Two of them are now completed including the installation of the associated new control panels. The remaining two wells are scheduled for CC Controls and Paragon Electric to complete on Monday 06 -March -2024 and the remaining has been scheduled for Monday 13 -March -2024. R/O Nano -Filter R/O Skid Work: The work for the demolition of the first existing (R/O Skid) Nano -Filter is completed and is reported as functioning as intended. The delays at the second R/O skid installation were extensive: - out of sequence work to repair the Owners emergency leak. - Delays in receipt of Aerex stainless piping. - Delays by specified but malfunctioning R/O permeate flow meter(s). - Delays by the denial of multiple requests to shut down the plant to tie in the R/O system. - This was followed by delays when Harn left the site to go to another available project. - Delays caused by a malfunctioning feedwater pump. - These issues have now all been corrected, and the filter membrane loading is now scheduled for 04 -March -2024. - Because this project was designed in series and not in parallel, the delays to the second R/O skid also cause delay to the third and fourth skids and the Feed pump replacements and the Feedwater Pipe replacement and on down the line. We are working with the Engineer and the Owner to streamline the removal and replacement of these final skid(s). Regarding Stainless Steel Pipe Delivery and Installation: The project has been severely delayed by the absence of the stainless-steel pipe delivery(s). We now have delivery of this stainless-steel piping for all areas on the schedule. TLC has also intentionally increased its labor force after receiving this piping and is currently installing the stainless piping systems. Demolition and Replacement of the (RWB) Raw Water blend Piping: - This was part of the delayed pipe delivery and was discussed above to correct the Emergency Owner leak. The piping is installed and operational but has some accessories that need to be replaced. These accessories are on order and are included on the updated Finishing schedule for completion. Clean In Place System: 133 The (CIP) Clean in Place system orders are being written and shop drawings are forthcoming. The materials for this work are on site and installation of the Mezzanine support system will also be on the updated Finishing Schedule. The Acid Feed system in the Finishing Schedule is installed and is in operation. The 4000 Gallon Bulk Storage tank is installed and will be scheduled for start-up in the updated Finishing Schedule. The Cot system final start up and tank filling is in process of being scheduled. TLC requested 2 start-up dates from the Manufacturer (Tomco) for the Owner to choose from in an email dated 29 - February. We are confident that this work will be completed in the next few weeks. TLC has not left the site since the day we mobilized. We have enjoyed a good working relationship with the Plant Superintendent and with the Owner and Engineer which is sometimes difficult on contracts that last longer than 1 year. We ask that the Owner provide an extension of time and avoid the Liquidated Damages route on this project. That route would be a slippery slope knowing what we have all experienced over the life of this project regarding delays beyond our control and especially on a phased project such as this one. TLC has written many "do better letters" to suppliers and subcontractors over the life of this project and have had some heated discussions informing them to execute their work even in the face of the delays that we are all experiencing. TLC has asked only for additional time on this project. We have already endured and continue to pay a heavy price for the extended overhead, supervision and even for extra work that the Owner has never received an invoice for. TLC is committed to completing the remaining work on this project as efficiently and as quickly as possible and ask that the Owner provide an extension of time for this request. We look forward to the safe and expeditious closure to this project and appreciate any assistance the Owner and Engineer can offer. Sincerely, TLC Diversified, Inc. John Elder Project Manager PALMETTO WEST PALM BEACH TAMPA t. 941.722.0621 Corporate Office 7233 Southern Blvd 12814 Dupont Circle 2719 17th St. East Suite B-1 Building 8, Suite 4-A 941.712342 Palmetto, FL 34221 West Palm Beach, FL 33413 Tampa, FL 33626 CG C041816 CU C053963 March 26, 2024 Harrison Youngblood, P.E. Indian River County Department of Utility Services 1801 27th Street Vero Beach, FL 32960 RE: Indian River County Department of Utility Services South Oslo Road Water Treatment Plant Improvements Change Order 4 — Time Extension & Deductive Credit for IRCDUS Project #2021-026 The intent of this letter is to outline our recommendation to Indian River County Department of Utility Services (IRCDUS) to provide TLC Diversified, Inc. with a deductive change order and contract time extension for the South Oslo Road Water Treatment Plant Improvements project. The original contract had a final completion date of November 2, 2023. TLC was not able to meet this final completion date due to delays in lead times for materials as well as an increase in scope through change orders. TLC formally requested a time extension request in October 2023 and was granted an extension under work change directive #2 and the contract final completion date was extended to May 17, 2024. Since the execution of work change directive #2, TLC has encountered further delays as outlined in the letter to Indian River County dated March 6, 2024 (see attached). TLC is no longer able to meet the current final completion date for this project. TLC has formally requested a second time extension request of 77 days to yield final completion date of August 2, 2024 (1,094 days from NTP). The revised schedule includes the following major milestones: Milestone Date Caustic Tank Startup 4/5/2024 CO2 Tank Startup 4/9/2024 Permeate and Concentrate Trench Piping in Service 3/30/2024 Train 1 Demolition 3/25/2024 Train 4 Startup 4/8/2024 Wellfield FO Panel Work Complete 4/12/2024 CTF Piping Complete 4/15/2024 Train 1 Startup 4/22/2024 Raw Water Blend Improvements 4/22/2024 CIPS stem Startup 6/15/2024 Substantial completion 6/15/2024 Final completion 8/2/2024 This time extension results in additional cost burden to IRCDUS. Per discussions with the TLC project manager and IRCDUS, line item 345 of the schedule of values, which totals $54,928.65, will be deducted from the contract value in exchange for additional time. This credit to IRCDUS appears satisfactory to cover costs associated with this time extension. We have reviewed the milestones and TLC's completion schedule and believe them to be achievable. 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 Kimley*liom Page 2 I trust this information useful. Included with this letter is the signed Change Order #4 and associated backup for IRCDUS review and approval. Should you need additional information or have any questions regarding this project, please do not hesitate to contact me at 561-421-1979. Sincerely, Nick Black, P.E. PE# 84908 Cc: Rich Meckes (IRCDUS), Harrison Youngblood (IRCDUS), Leon Liberus (IRCDUS), Bert King (KH) Attachments: Changer Order #4, TLC Request for Time Extension, Updated Schedule from TLC, TLC Letter dated 3/6/24 561 845 0665 CHANGE ORDER PROJECT: South Oslo Road WTP Improvements • DATE OF ISSUANCE: March 26.2024 EFFECTIVE DATE: OWNER: Indian River County OWNER's Contract No.: 2021026 Project No.: 044572102 CONTRACTOR: TLC Diversified, Inc ENGINEER: Kimley-Horn & Associates, Inc. You are directed to make the following changes in the Contract Documents: 1. Deductive change order of line item 345 in the schedule of values to IRCDUS. This credit is provided to cover costs associated with schedule delay shown in TLC latest schedule. Deductive change order includes time extension request of additional 77 days to final completion. Attachments: Updated nroiect schedule. Contractor reauest for time extension letter . CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times: $ 10,665,515.65 Substantial Completion: 760 Ready for final payment: 820 Net changes from previous Change Orders Net change from previous Work Directives: No. 1, 2,3 $1,020,621.72 No. 1 to No. 2 197 Contract Price prior to this Change Order Contract Time prior to this Change Order $ 11,686,137.37 Substantial Completion: 954 Ready for final payment: 1017 Days or dates Net Increase (decrease) in this Change Order Net Increase in this Change Order $ ( 54,928.65) 77 days Contract Price with all approved Change Contract Time with all approved Change Orders Orders $ 11,631,208.72 Substantial Completion: 1,046 (6/15/2024) Ready for final payment: 1,094 (8/2/2024) Days or dates REC ,MMENDED: By: KJ Mei'-Hroti;� Engineer (Authorized Signature) Date: 3 Z,, _ZD Zy APPROVED: By: Owner (Authorized Signature) Date: ACCEPTED By: TLC Div. PM Contractor (Authorized Signature) Date: 27 -March -2024 EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 00800-24 137 Kimley-Horn 1920 Wekiva Way, Suite 200 West Palm Beach, FI 33411 Attn: Mr. Nick Black, P.E. Nick. BlackCaD-Kimley-Horn.com Reference: Change Order #4 Time Extension. Dear Mr. Black, Please find a quotation for the changes requested as reference above. Labor = $ 0 Material = $ 0 Subcontract = $ 0 Equipment = $ 0 Other= $ ($54,928.65) Labor Burden = $ 0 Tax = $ 0 OH&Psubs 5%= $ 0 OH & P @ Self Perform 15% _ $ 0 Subtotal = $ ($54,928.65) Bond = $ 0 Total Deduct = $ ($54,928.65) 27 -March- 2024 With the current supply chain delays that have been discussed in the project meetings it is difficult to quantify the additional time required to quote this change. TLC is therefore reserving our rights to additional time for the project that will be determined at a later date. Please provide your acceptance of this additional work and issue a change order so that TLC can release the required items for production. Sincerely Yours, John P. Elder (Project Manager) PALMETTO WEST PALM BEACH TAMPA . Corporate Office 7233 Southern Blvd 12014 Dupont Zralt 2719 17th St. East Suite 8-1 Building B, Solti Palmetto, FL 34221 West Palm Beach, FL 33413 Tampa, FL 33M 00 004IM VA C05310 i I t g S .............. E i y[y I I f I I i R .... 3. • T. - ga 9 -•----•---...- ........... .............................. if • i i i i I' e a so j• ug gzk"3w� iw3;�u 0488 'gig 'z Wt4 ° z 4�gs,gl�K ® p16 Do r pp A $i �13��Q $g�j35to A.. x A..AA. 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I t tAAAAll A �i?�=?2sssssccr AsAc ss a_ gs���a's�as� � sa dAsa _ aaaaAAa s aa�'a s a W C m O -j o '7, A g �' Locu s ° ra���; �y 6 -.�$ gY��s�o4444u��4E�44 ::..awl = ^'° 6888 �„_ «n � n�'° •^ «_ _ «� _„„„«_ _ _ «_., _ � � 3 ,.. w n 4° g ° Y n 0 3° _ w w x w O h h« U C q I �' • `k`b\H"�'\ N� Yd\ x ':Ws `�t Y.�o.a.�'�a” ,`".'*�§ '� Q@H�\'tt"'\\r@*yMW�"y".: WAS a..,a'n n.•d. ... r.... O � Mr. Harrison Youngblood, P.E (Utilities Engineer for Indian River County) 06 -March -2024 Indian River County 1800 2711 Street (Building "B") Vero Beach, Florida 32960 Subject: Indian River Contract No. 2021026 Delays Beyond the Contractors Control. Dear Mr. Youngblood, TLC Diversified is in receipt of your letter dated 01 -March -2024 requesting TLC to provide an updated Finishing Schedule with a written request for an extension of Contract time to include valid reasons for an extension. The letter also references the liquidated damages clause in the contract. Please note that TLC is relying on these same documents under General Conditions section 12.03 A and 12.03 C dealing with Delays beyond the control of the Contractor. A portion of this was modified under the Supplemental General Conditions where 12.03 A was removed and replaced with modified verbiage. Delays beyond the Contractors control are delineated in this section and state," Where Contractor is delayed or prevented from completing any part of the Work within the Contract Times due to delay beyond the control of the Contractor, the Contract Times (or Milestones) will be extended" The Contractor is tasked with providing evidence that the delay(s) impacted the critical path and prove that delays were caused by various items out of his control including acts of God and Owner related delays. TLC and our subcontractors and suppliers have experienced multiple and ongoing delays throughout this project which have affected our anticipated completion date. The entire construction industry is experiencing this issue on projects of long durations that overlapped with the Worldwide pandemic. We continue to ask the Owner for assistance in limiting these delays as this project is hypersensitive to any delays, critical shutdown requests and out of sequence work. TLC has commented throughout this project that we scheduled the project correctly but in reality, were forced to build it backwards and out of sequence because of the disastrous and ongoing delays caused by the pandemic. TLC issued a written (friendly Notice) to the Engineer and Owner on 29 -December -2021. We provided examples of (pricing escalations / delivery delays / labor shortages) and expressed that the project would run over. The Notice informed all parties not of one delay but instead a catastrophic set of (plural) delays in every part of the project. TLC requested help from the Owner and Engineer to deal with these issues and explained how TLC was self -performing many parts of the work in order to maintain forward motion in any place that was possible. Further examples of this can be discussed in necessary. 142 TLC has provided the Owner notice of delays both verbally in meetings and in writing as evidenced by language in each of the change orders stating," with the current supply chain delays that have been discussed in the project meetings it is difficult to quantify the additional time required to quote this change. TLC is therefore reserving our rights to additional time for the project that will be determined at a later date." An important point that needs to be relayed before discussing the delays and remedies to them, is the sequencing of different interconnected systems that are specific and re -occurring on this project. Each of these systems are hypersensitive to any delays, critical shutdown requests or out of sequence work. The work activities on this Oslo Road project were intentionally designed to be performed in series and not in parallel in order to maintain potable water delivery to customers in sufficient quantity and quality without interruption. As a result, any delay in any part of the project affects the entire series of activities on the entire project. For example: The New HSP pumps #4 and #5 had to be installed and operational before the existing HSP pumps 1,2,3 could be taken offline and renovated. Only one of four R/O skids can be taken offline and completely replaced including the initial demolition of the existing skid and related instrumentation and electrical work. Only one feedwater pump out of five can be taken off line at any given time including the demolition of the existing connecting 8" feedwater manifolds that selectively feed each of the four existing R/O skids. - The R/0 permeate and concentrate stainless piping in the pipe trenches require complete demolition and then require a completely new larger stainless piping system installed in specific sequences in order to tie in the new R/0 systems while keeping the existing R/0 systems and entire plant operational. There are many other areas with these requirements, but we only want to point out that work throughout this Contract must happen in specific sequences. Adding more people does not necessarily allow for more work to progress. For instance, TLC cannot go in and demo all of the existing R/O skids. - Please note that TLC offered suggestions that would allow the Contractor to build uninhibited by the phasing constraints which would allow for much faster progress. Each of these requests were not acceptable to the Owner. TLC utilized specified companies on this project and expected nothing short of on time and complete deliveries followed by the timely installation of each of the materials. We instead have continued to face delays beyond the control of not only the General Contractor but also to each of our suppliers and subcontractors. Being specific to your request, TLC provided a Finishing Schedule with a request for an extension of time for reasons delineated above. These re -scheduled activities rely on all predecessors to be completed before the next activity can begin 143 and each of the activities must be completed before its successor can begin. A slippage in only one the activities potentially delays all activities down line from it. The Off-site Well Modifications were delayed by deteriorated optic cables that needed to be replaced. Multiple meetings were held which ultimately resulted in modifications to the fiber optic cables. The final solution was to replace portions of existing fiber to make the SCADA system reliable. Since that time, the work to complete these four wells has been scheduled. Two of them are now completed including the installation of the associated new control panels. The remaining two wells are scheduled for CC Controls and Paragon Electric to complete on Monday 06 -March -2024 and the remaining has been scheduled for Monday 13 -March -2024. R/O Nano -Filter R/O Skid Work: The work for the demolition of the first existing (R/O Skid) Nano -Filter is completed and is reported as functioning as intended. The delays at the second R/O skid installation were extensive: - out of sequence work to repair the Owners emergency leak. - Delays in receipt of Aerex stainless piping. - Delays by specified but malfunctioning R/O permeate flow meter(s). - Delays by the denial of multiple requests to shut down the plant to tie in the R/O system. - This was followed by delays when Harn left the site to go to another available project. - Delays caused by a malfunctioning feedwater pump. - These issues have now all been corrected, and the filter membrane loading is now scheduled for 04 -March -2024. - Because this project was designed in series and not in parallel, the delays to the second R/O skid also cause delay to the third and fourth skids and the Feed pump replacements and the Feedwater Pipe replacement and on down the line. We are working with the Engineer and the Owner to streamline the removal and replacement of these final skid(s). Regarding Stainless Steel Pipe Delivery and Installation: The project has been severely delayed by the absence of the stainless-steel pipe delivery(s). We now have delivery of this stainless-steel piping for all areas on the schedule. TLC has also intentionally increased its labor force after receiving this piping and is currently installing the stainless piping systems. Demolition and Replacement of the (RWB) Raw Water blend Piping: This was part of the delayed pipe delivery and was discussed above to correct the Emergency Owner leak. The piping is installed and operational but has some accessories that need to be replaced. These accessories are on order and are included on the updated Finishing schedule for completion. Clean In Place System: 144 The (CIP) Clean in Place system orders are being written and shop drawings are forthcoming. The materials for this work are on site and installation of the Mezzanine support system will also be on the updated Finishing Schedule. The Acid Feed system in the Finishing Schedule is installed and is in operation. The 4000 Gallon Bulk Storage tank is installed and will be scheduled for start-up in the updated Finishing Schedule. The Co2 system final start up and tank filling is in process of being scheduled. TLC requested 2 start-up dates from the Manufacturer (Tomco) for the Owner to choose from in an email dated 29 - February. We are confident that this work will be completed in the next few weeks. TLC has not left the site since the day we mobilized. We have enjoyed a good working relationship with the Plant Superintendent and with the Owner and Engineer which is sometimes difficult on contracts that last longer than 1 year. We ask that the Owner provide an extension of time and avoid the Liquidated Damages route on this project. That route would be a slippery slope knowing what we have all experienced over the life of this project regarding delays beyond our control and especially on a phased project such as this one. TLC has written many "do better letters" to suppliers and subcontractors over the life of this project and have had some heated discussions informing them to execute their work even in the face of the delays that we are all experiencing. TLC has asked only for additional time on this project. We have already endured and continue to pay a heavy price for the extended overhead, supervision and even for extra work that the Owner has never received an invoice for. TLC is committed to completing the remaining work on this project as efficiently and as quickly as possible and ask that the Owner provide an extension of time for this request. We look forward to the safe and expeditious closure to this project and appreciate any assistance the Owner and Engineer can offer. Sincerely, TLC Diversified, Inc. Com' John Elder Project Manager PALMETTO WEST PALM BEACH TAMPA. 941.722.0621 Corporate Office 7233 Southern Blvd 12814 Dupont Circle 2719 17th St. East Suite B-1 Building B, Suite 4-A jai 941.7192 Palmetto, FL 34221 West Palm Beach, FL 33413 Tampa, FL 33626 CG C041816 CU C053963 Mr. Harrison Youngblood, P.E (Utilities Engineer for Indian River County) 15 -March -2024 Indian River County 1800 27th Street (Building "B") Vero Beach, Florida 32960 Subject: Indian River Contract No. 2021026 Delays Beyond the Contractors Control. Dear Mr. Youngblood, TLC Diversified is in receipt of the email from Kimley-horn dated 14 -March -2024 and is requesting an extension of time for the Oslo Road WTP in accordance with the dates proposed by the Engineer with a few minor date changes as shown below. 1. TLC started up Train 3 - 3/11/2024 - MILESTONE DATE MET BY TLC 2. TLC began demolition of Train 4 - 3/11/2024 and will complete demo 3/15/2024 - MILESTONE DATE MET BY TLC 3. Caustic Startup REQUESTED - week of 3/18/2024. The Caustic tank requires isolation valves to be installed at the site glass. New StartuR date is scheduled for 4/05/2024 4. CO2 Startup REQUESTED - week of 3/18/2024. The Manufacturer is not available for Startup services until week of April 8, 2024. New Startup date is scheduled for 4109/2024 S. Permeate and concentrate piping installed, tested and bac-t'd - week of 3/18/2024. Large sections of pipe are installed. We require (1 foot long) sections from Aerex. New date is scheduled for 3/30/2024 6. Train 1 Demo - 3/25/2024 Schedule reflects this date. 7. Train 4 Startup - 4/8/2024 Schedule reflects this date. 8. Wellfield FO Panel work complete 4/12/2024 Schedule reflects this date. 9. CTF piping complete - 4/15/2022 Schedule reflects this date. 10. Train 1 startup - 4/22/2024 Schedule reflects this date. 11. Raw water acid piping complete week of 4/22/2024 Schedule reflects this date. 12. CIP system complete - 6/15/2024 Schedule reflects this date. 13. Substantial completion 6/15/2024 -. Schedule reflects this date. 14. Final completion 8/2/2024 Schedule reflects this date. TLC understands that the Engineer has recommended IRCDUS to grant TLC a time extension request of final completion up to 8/2/24 under the following conditions: A. TLC agrees to the final completion date of 8/2/2024 and will provide an updated schedule reflecting that date. B. TLC will provide weekly updates to the construction schedule. 146 C. TLC will hold the milestone dates and provide plans for how to perform schedule recovery should milestone date not be met. D. TLC project management team will be present at the site for bi-weekly progress meetings through completion date 8/2 E. There will be no more than 3 week of overlap of time where the Owner does not have beneficial use of Train 1 and Train 4 F. TLC will maintain a current Certificate of Insurance on file with IRCDUS TLC has already re -scheduled the project (schedule attached) with dates that match the time frames Recommended by the Engineer, and we ask that a time extension be provided by change order to the project. We look forward to the safe and expeditious closure to this project and appreciate any assistance the Owner and Engineer can offer during this process. Sincerely, TLC Diversified, Inc. John Elder Project Manager �. 941.722.0621 " PALMETTO WEST PALM BEACH TAMPA Corporate Office 7233 Southern Blvd 12814 Dupont Circle 04 941.7124,72 2719 17th St. East Suite B-1 Building B, Suite 4-A Palmetto, FL 34221 West Palm Beach, FL 33413 Tampa, FL 33626 CG C041816 CU C053963 AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ2019070 WORK ORDER #6 Amendment #2 Indian River County Department of Utility Services South Oslo WTP Improvements Construction Phase Services Amendment This Work Order Number 6 Amendment #2 is entered into as of this _ day of 202, pursuant to that certain AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ2019070 entered into as of this Stn day of November, 2019 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: cJ.cour� Lr�s , Title: ,1-4 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: BCC Approved Date: Attest: By: Approved: Approved as to form and legal sufficiency: , Chairman , Clerk of Court and Comptroller , Deputy Clerk , County Administrator , County Attorney EXHIBIT #A South Oslo Rd Water Treatment Plant Improvements Construction Phase Services Work Order No. 6 Amendment #2 PROJECT UNDERSTANDING TLC Diversified, Inc. is the general contractor for the South Oslo Road Water Treatment Plant (WTP) Improvements project. Throughout the course of the project, TLC had incurred significant delays due to COVID supply chain issues and owner requested change orders that resulted in additional work for TLC to complete as part of the project. At the request of the Owner, TLC prepared an updated schedule and time extension request to complete the remaining work in their contract. In November 2023, TLC submitted this schedule and time extension request that yielded a substantial completion date of March 15, 2024 and a final completion date of May 17, 2024. This time extension was awarded by Indian River County Department of Utility Services (IRCDUS). Since the initial time extension was provided by IRCDUS, TLC had incurred further delays extended beyond the dates agreed upon to complete the work. In March 2024, TLC submitted a revised schedule that showed them completing the work in August 2024, approximately two and a half months after the current final completion date. TLC has worked with IRCDUS to implement improvements to fast-track schedule and does not anticipate further delays in work without being assessed Liquidated Damages as outlined in the construction contract. Due to the extension of the construction schedule, the Consultant anticipates additional effort to serve as the Owner's representative through project completion. This project extension will result in additional time and effort by Consultant. This amendment presents the additional services requested by Indian River County Department of Utility Services (IRCDUS) of the Consultant for additional construction phase services through project completion. SCOPE OF SERVICES TASK 1 — CONSTRUCTION PHASE SERVICES - AMENDED Consultant will provide additional construction phase services for this project consisting of, • coordination and progress meeting attendance, and preparation of meeting minutes • construction observations, including inspector and engineer observations Consultant anticipates an additional five (5) progress meetings will be held through project completion. Consultant will prepare meeting agenda for each progress meeting and within one week of each respective progress meeting, Consultant will prepare and distribute meeting minutes that summarize the major discussion topics from the meeting. Consultant will provide additional on-site construction observation services during the construction phase. The project schedule is anticipated to extend by two and a half (2.5) months based on Contractor's latest schedule submittal. Consultant assumes this 2.5 -month period of construction will require approximately three to four (3 - 4) visits per week per month to observe the work for conformance with the Contract Documents. Consultant anticipates an additional thirty (30) site visits will also be required. Such visits and observations by the Consultant representative are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. K. I WPB_CivillGenera11B1acklFloridallRCUlOslo WTP Construction Phase Wmendment 2120240325 -Amendment 2 Oslo CPS.doc Page I of 6 Indian River County Utilities Department 149 Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Consultant representative's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant's representative will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep Owner informed of the general progress of the Work. Consultant's inspector will prepare field reports of each site visit describing observations witnessed during site visits. Consultant will prepare field reports for the additional thirty (30) site visits performed through project completion. The purpose of Consultant representative's site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement, and to provide the OWNER a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall the Consultant have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Consultant will recommend to the Owner that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Consultant believes that such work will not produce a completed Project that conforms generally to Contract Documents. TASK 2 — PROGRAMMING AND INTEGRATION — NO CHANGES TIME SCHEDULE Consultant's original proposal anticipated construction duration of twenty-four (24) months will be required. Amendment 1 assumed a revised final completion date of May 17, 2024. This Amendment 2 assumes a final completion date of August 2024. The updated construction duration is thirty-seven (37) months. FEESCHEDULE We will provide these services in accordance with our Agreement for Professional Services for Water Plant and Water Resources Engineering Services — RFQ 2019070, dated November 5, 2019, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The Consultant will provide professional services on a lump sum fee basis as follows: Task No. Task WO #6(Previously Authorized Amendment 1 Amendment 2 Revised Total Task 1 Construction Phase Services $865,774 $263,133 $51359 $1,180,266 Task 2 Programming and Integration $356,772 $0 $0 $356,772 Total LumpSum Fee $1,222,546 $263,133 $51,359 $1,537,038 K.•IWPB_CivillGeneral0lacklFloridal7RCUlOslo WTP Construction PhaseWmendment2120240325 -Amendment 2 Oslo CPS.doc Page 2 of6 Indian River County Utilities Department 150 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: • Construction phase services beyond what is described herein • Re -design or integration beyond what is described herein K. -WPB — .I WPB_ CiviWeneral0lackTIorida11RCUI0s10 WTP Construction Phase Untendment 2120240325 -Amendment 2 Oslo CPS.doc Page 3 of 6 Indian River County Utilities Department 151 :N :r Q a H r GCPy7 Q �j H H QzWW� a 2 O H F a Q H O F O O 3 n 00 N rl O N Q a N H vcr�i nO1O H b 00p➢ H 15 W 69 H n t��f n 4Y lyp� N H 8 TH ONO i09.. N yQ V ci a O� AE H Q � (7 4 ( } Fj { i N k o 8 a 4' S e N 1 W pp iD Q 8 p p $ o pp �{ V N O O N N N N o 4 pg b� N i fi'L1 a C G pp Cp Cp ��po oN _N,� 1{t � pp pp pp pp L� �O 9 _ � R ,e v •tdo S > �XQ u Z � 1i�jj •� `� C O � vC 6 s � L fR w � pG � O � O O ti � j � �' N v� v 8 - �,�, a E' a 3 a � � �3! •yea •� Gm a .. a U F7 .. .. ¢ Gh 13 V •g i .. .$a is .. a v P a a a OARFA a z t0.A�I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Cindy Thurman; Senior Planner, Long Range Planning DATE: April 4, 2024 SUBJECT: Consideration of an Ordinance of Indian River County, Florida Amending the Zoning Ordinance, and the Accompanying Zoning Map for +19.6 Acres from A-1, Agricultural District to RS -3, Single -Family Home Residential District (RZON2002030112-96026) [Quasi -Judicial] It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of April 23, 2024. DESCRIPTION AND CONDITIONS This request is to rezone +_19.6 acres from A-1, Agricultural District (up to 1 unit per 5 acres) to RS -3, Single -Family Residential District (up to 3 units per acre). As shown in Attachment 1, the subject property is located on the north side of Island Club Manor, west of Highway AIA and east of Jungle Trail. The purpose of this request is to secure the zoning necessary to develop the site with uses and density permitted in the RS -3 Zoning District. The requested RS -3 zoning designation is also consistent with the subject property's L-2, Low Density Residential -2 land use designation. Existing Land Use Pattern The property is located on a western portion of the north barrier island across the Indian River from Orchid Isles Subdivision. This portion of the barrier island includes the Captain Forester Hammock Preserve, a State-owned property that the County has a long-term lease to manage as a conservation area to the north, and the Island Club Riverside Subdivision to the south. The area's existing land use pattern therefore consists of a mixture of conservation land to the north and east, single family development to the south, and the Indian River Lagoon to the west. The property is currently vacant and is zoned A-1, Agricultural District, which permits densities up to 1 unit per 5 acres. 153 To the north of the subject property is CON -1, Public Lands Conservation District, and RM -6, Residential Multiple -Family Zoning District. To the south is the Island Club Riverside subdivision which is zoned RS -6. The closest RS -3 Zoning is to the west across the Indian River Lagoon in the Orchid Isles Subdivision. Conservation zoning and single-family residential zoning with low density land use patterns are consistent with the existing development patterns. The future land use designation of L-2 anticipates these districts will fill-in the urban service area between transportation corridors and along the medium density districts. Zonine District Differences In terms of permitted uses, there are both similarities and differences between the existing A-1 zoning and the proposed RS -3 zoning. The respective zoning district's purpose statements best illustrate the distinctions between the zoning districts. These purpose statements, found in the County's Land Development Regulations (LDRs), are as follows: A-1: The Agricultural -1 District is intended to provide areas suitable for agriculture, tree farming, and the conservation and management of open space, vegetative cover, natural systems, aquifer recharge areas, wildlife areas and scenic areas. This district is also intended to provide opportunities for residential uses at very low densities to promote housing opportunities in the county. This district is further intended to permit activities which require non -urban locations and do not detrimentally impact lands devoted to rural and agricultural activities. RS -3: The single-family residential district is established to implement the policies of the County Comprehensive Plan for managing land designated for residential uses, providing single-family housing opportunities, and ensuring adequate public facilities and to meet the needs of residents. Single-family districts are also intended to implement the county's housing policies by providing opportunities for a varied and diverse housing supply. The following analysis is per Chapter 902: Amendments to the Official Zoning Atlas, Section 902.12(3) which states that all proposed amendments shall be submitted to the Planning and Zoning Commission which shall consider such proposals in accordance with items (A) through (K) of Section 902.12(3). Item A — Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations (LDRs). The subject property has an L-2 land use designation. Per the land use zoning matrix provided in section 911.07 of the County LDRs, the requested RS -3 zoning designation is consistent with the subject property's L-2 land use designation. The proposed RS -3 zoning designation is also consistent with the surrounding area's zoning and development pattern and will not create any incompatibilities or nonconformities. All other LDR requirements will be reviewed for E 154 compliance via the County's development review process (e.g. conventional subdivision or planned development). Item B — Whether or not the proposed amendment is consistent with all the elements of the Indian River County Comprehensive Plan. The elements of the Comprehensive Plan contain goals, objectives, and policies that direct the community's development. Policies are statements in the plan that identify courses of action and provide the basis for all County land decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of applicability for this request are the following objectives and policies: Future Land Use Element Objective 1 states that the county will have a compact land use pattern, which reduces urban sprawl. By allowing the site to be developed in a manner that is consistent with the site's land use designation, the request allows a more compact land use pattern within the urban service area and reduces the chances that urban sprawl will occur. For these reasons the request is consistent with Objective 1. Future Land Use Element Policy 1.12 states that development in low-density residential areas shall be limited to the following: Single-family residential uses • up to 6 units per acre in L-2 designated areas. • residential uses with densities up to 6 units per acre Future Land Use Element Polic1.13 states that these residential land uses must be located within the urban service area. Since the subject property is located within an area designated as L-2 on the County's Future Land Use map, is located within the County's urban service area, and the proposed RS -3 zoning district would permit residential uses no greater than 3 units per acre, the proposed request is consistent with Policies 1.12 and 1.13. Future Land Use Element Policy 1.43 provides criteria that the Board of County Commissioners may use to determine whether a proposed zoning district is appropriate for a particular site. Policy 1.43 is satisfied for single-family development if the development is adjacent to other single- family areas and separated from major commercial or industrial areas. The subject property is adjacent to other single-family areas and is separated from major commercial or industrial areas. Therefore, the requested rezoning is consistent with Policy 1.43. Future Land Use Element Objective 7: Protection of Natural Resources Policies 7.1 - 7-3. The first three policies of objective seven regulate areas prone to flooding within the 100 -year floodplain in a manner that is consistent with that established by the National Flood insurance. 3 155 program, provide for the transfer of development rights from estuarine wetland to approved upland, and limit building densities for impacted areas. Future Land Use Policy 7.4 requires an environmental survey as part of the approval of the development order for any development activity in areas designated as environmentally sensitive or important, as defined in policies 5.4 and 6.11 of the Conservation Element. Future Land Use Policy 7.5 requires review of new impacts of stormwater runoff so that new development will not negatively impact adjacent properties or receiving surface waterbody quality. Future Land Use Policy 7.6, through the maintenance of building regulations, provides for setbacks and protection from solid and liquid wastes, including pesticides and herbicides. This site has historically been zoned agriculturally and land clearing has been permitted on the property. Any other LDR requirements will be reviewed for compliance via the County's development review process (e.g. conventional subdivision or planned development). Item C - Whether or not the proposed amendment is consistent with existing and proposed land uses. The subject property is designated as L-2, Low -Density Residential -2 on the Future Land Use map. The proposed RS -3 zoning is consistent with the Future Land Use map designation and no future land use amendment is being proposed as part of this request. The surrounding properties have L- 2 and C-1 Future Land Use designations (see Attachment 2). Item D - Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan. The subject property lies west of Highway AIA, along the north side of Island Club Manor, which is a private local road. The main access for the overall site is via easement on Island Club Manor, with access to Highway AIA. Any previous easement access granted regarding Island Club Manor for access to this parcel or the platting of the subdivision to the south would be part of the site's development review process, if applicable. Item E — Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below the level adopted in the comprehensive plan. The proposed rezoning request's Traffic Impact Analysis (TIA) was reviewed and approved by Traffic Engineering Division staff. That analysis showed that all roadway segments within the area of influence would operate at an acceptable level of service within the most intense use of the property under the proposed zoning district. 156 Item F — Whether or not there have been changed conditions which would warrant an amendment. The Applicant's justification of change states that: "the site is currently zoned A-1 within the Future Land Use of L-2, and the site is 19.35 acres. The site is located on the west side of AlA connecting via Island Club Manor, and south of County Road 510. The vision of the project is to create a residential subdivision with future homesites that are close to % of an acre in size and vistas onto the Indian River Lagoon. The gross density of the proposed site is under 1 du/acre at 0.82 dwelling units per acre. The underlying Future Land Use supports up to 6 units per acres, so the request to amend the zoning district to RS -3 is justified. Moving to the RS -3 is consistent with the underlying future land use, and propose project presents a lower density than any of the adjacent developments." The property is surrounded on two sides with conservation land use. Given the surrounding environmental and refuge preservation considerations, a low-density residential subdivision with homesites that are almost an acre in size as a proposed land use is more compatible than the existing underlying land use that potentially allows land uses of up to 6 units per acre. A higher density is more likely to be incompatible with conservation efforts. Item G — Whether or not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation. Based upon the analysis conducted by staff it has been determined that all concurrency -mandated facilities, including stormwater management, solid waste, water, wastewater, and recreation have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. Per the County LDRs, the applicant may be required to pay connection and other customary fees and comply with other routine administrative procedures. If approved, rezoning does not guarantee any vested rights to receive water and wastewater treatment service. As with all development, a more detailed concurrency review will be conducted during the development review process. Per Section 910.07 of the LDRs, a conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not development projects, County regulations call for the concurrency review to be based upon the most intense use of the subject property allowed within the requested zoning district. For residential rezoning requests, the most intense use is the maximum number of units that could be built on the site, given the size of the property, and the maximum density allowed under the proposed zoning. The site information used for the concurrency analysis is as follows: 1. Size of Area to be rezoned: +19.6 acres 2. Existing Zoning District: A-1, Agricultural, up to 1 unit per 5 acres 3. Proposed Zoning District: RS -3, Single -Family Residential, up to 3 units per acre 5 157 4. Most Intense Use of Subject Property: 4 Single -Family Units Under Existing Zoning District 5. Most Intense Use of Subject Property: 58 Single -Family Units Under Proposed Zoning District Item H — Whether or not the proposed amendment would result in significant adverse impacts on the natural environment. The property directly abuts the Captain Forester Hammock Preserve and may contain wetlands and potential habitat for listed species. As such, an environmental assessment of the property will be required. Additional federal, state and County coordination and/or permitting may be required based on the results of the environmental assessment. The property is in Flood Zone AE, and drainage and flood protection regulations, including those for flood hazard zones, are applied to single-family development in this area. Item I — Whether or not the proposed amendment would result in the orderly and logical development pattern, specifically identifying any negative effects on such pattern. The proposed amendment is consistent with the comprehensive plan and the surrounding land uses. Development of a low-density residential subdivision would contribute to an orderly and logical development pattern. Item J — Whether or not the proposed amendment would be in conflict with the public interest and is in harmony with the purpose and interest of the land development regulations. The request is in harmony with the purpose and intent of the LDRs. No detrimental effect to the public welfare has been identified. Item K — Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment such as police protection, fire protection, and emergency medical services. Based upon analysis conducted by staff, it has been determined that all concurrency — mandated facilities, including police protection, fire protection, and emergency medical services have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. CONCLUSION Based on the analysis, staff has determined that the requested zoning district is compatible with surrounding areas, is consistent with the comprehensive plan, meets all concurrency criteria, and C1 158 meets all applicable rezoning criteria. Furthermore, the requested RS -3 zoning district is compatible with land uses in the surrounding area. At the March 14, 2024, Planning and Zoning Commission meeting, the Commission voted to recommend that the Board of County Commissioners approve this rezoning request. RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from A-1, Agricultural, to RS -3, Single -Family Residential. ATTACHMENTS 1. Existing Zoning Map 2. Future Land Use Map 3. Application 4. Ordinance 7 159 7 4p 161 APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned Project Number: RZON - Current Owner Applicant (Contract Purchaser Agent Name: Island Manor Development, LLC. Jan Jalmby Complete Mailing Address: 5550 Beach Road, Unit 218 Indian River Shores, FL 32963 90020th Place, Vero Beach FL 32960 Phone #: (including area code 772-562-0866 Fax #: (including area code) E -Mail: jan@heimethouseconstruction.com Contact Person: lAianWilkinson lian Jehnby Signature of Owner or A ent: Property Information Site Address: 1350 Island Club Manor Site Tax Parcel I.D. #s: Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zoning District: A-1 Existing Land Use Designation: L-2 Requested Zoning District: RS -3 Total(gross) Acreage of Parcel: 19.35 Acrea a net to be Rezoned: 19.35 Existing Use on site: Vacant (Undeveloped) Proposed use on site: Single-family Residential THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. 162 1 REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. ITEMS A licant's Checklist Staff Checklist 1. Fee: $3,000.00 x 2. Completed Rezoning Application Form front page) x 3. Letter of Authorization from Current Owner(s) X OR Current Owner is Applicant 4. Verified statement (separate letter) naming every X individual or entity having legal or equitable ownership in the property. 5. One 1) Copy of the current Owner's Deed x 6. A Current Owner's Title Policy X OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee ownership of the property. 7. A justification of change statement and detailed X intended use 8. One (1) SEALED boundary survey of the area to be X rezoned. The boundary survey shall include, but not be limited to the following: ❑ a legal description of the land to be rezoned ❑ the size of the land to be rezoned ❑ the public road right-of-way width of adjacent roads; and ❑ a north arrow 9. Electronic version (MS Word is preferable) of the X legal description 10. Provide a digital map file of the boundary Survey X provided in Item 8 above in either AutoCAD (.dwg) or Esri Shape file (.shp) format. 11. Copy of Approved Concurrency Certificate X OR Copy of filed application for Concurrency Certificate, including traffic study, if applicable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: September 19, 2022 FACommunity DevelopmentWPPLICATIONS\Comp. Plan and Rezoning applications\rezoningrequestform - Updated 2021.docx 163 2 Indian River County Future Land Use Map Amendment/Rezoning Authorization Form TO: Planning Division Indian River County 180127" Street Vero Beach, FL 32960 FROM: Island Manor Development, LLC. (Property Owner) qnn 20th PlarP Vero Beach FL 32960 Property Tax I.D. #: 31-39-26-00000-0100-00008.0 Property Address: 6510 Jungle Trail The undersigned is hereby authorized MBV Engineering, Inc. to act as agent and/or make application to Indian River County for the above referenced property for the following applications (please mark the appropriate box): u Future Land Use Amendment m Rezoning Island Manor Development, LLC.j I4i �i GRE/N.�o� Owners N e (Print) -Q Owners ignature H STATE OF Ff701ZM7t COUNTY OF S v I Date zv K The foregoing instrument was acknowledged before me by means of Xvhysical presence or ❑ online notarization, this (2,1— day of �-v. ,6V , 20 -�-3 by s4 01 Personally know ❑ OR produced identification F(o r+�� °� S/ }-c ��' �.cr �S L i «` Lr -e (SEAL) Ivan von Has3e11 NOTARY PUBLIC, STATE OF NEW YORK 4. NO.01v06432568 QUALIFIED IN SUFFOLK COUNTY TERM EXPIRES MAY 2,2026 NOTARY P LIC: Sign: Printed Name: ���'� ✓� ' '�"��s� // Commission Number: 4 4- VU Gk3.2 S'7 &' Commission Expiration: AAA .2-1 e -a 164 3 ORDINANCE NO. 2024 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY +19.65 ACRES LOCATED ON THE NORTH SIDE OF ISLAND CLUB MANOR APPROXIMATELY ONE QUARTER OF A MILE WEST OF HIGHWAY AIA, AND TERMINATING AT THE EASTERN BOUNDARY OF THE INDIAN RIVER, FROM A-1, AGRICULTURAL -1 TO RS -3, SINGLE-FAMILY RESIDENTIAL, AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: PARCEL A: THE SOUTH 284.2 FEET OF GOVERNMENT LOT 10, SECTION 26, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND ALSO, ALL OF THE SOUTH 430 FEET OF GOVERNMENT LOT 11, SECTION 26, TOWNSHIP 31 SOUTH, RANGE 39 EAST, ALL SITUATED IN INDIAN RIVER COUNTY, FLORIDA, EXCEPTING FROM THE LANDS IN LOT 11, 66/100 OF AN ACRE IN THE NORTHWEST CORNER DESCRIBED AS FOLLOWS: Pagel of 4 165 ORDINANCE NO. 2024 - BEGINNING AT A STAKE ON THE LINE BETWEEN GOVERNMENT LOTS 10 AND 11, 284.2 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 26; THENCE RUN EAST 196 FEET; THENCE RUN NORTH 145.8; THENCE RUN WEST 196 FEET TO THE WEST LINE OF SAID LOT 11; THENCE RUN SOUTH 145.8 FEET TO THE POINT OF BEGINNING. (SAID EXCEPTION BEING INCLUDED IN PARCEL B HEREINAFTER DESCRIBED.) ALSO EXCEPTING FROM SAID PARCEL A THE FOLLOWING DESCRIBED LAND, TO - WIT: BEGINNING AT A STAKE ON THE EAST EDGE OF THE INDIAN RIVER 284.2 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 26; THENCE RUN EAST 250 FEET TO A STAKE; THENCE RUN SOUTH 100 FEET; THENCE RUN WEST 221.2 FEET TO A STAKE ON THE EAST EDGE OF THE INDIAN RIVER; THENCE RUN NORTH WITH THE EAST EDGE OF THE INDIAN RIVER TO THE POINT OF BEGINNING, IN INDIAN RIVER COUNTY, FLORIDA. PARCEL B: BEGINNING AT A STAKE 284.2 FEET NORTH OF THE SOUTH LINE OF SECTION 26, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND ON THE LINE BETWEEN GOVERNMENT LOTS 10 AND 11; THENCE RUN EAST 196 FEET TO A STAKE; THENCE RUN NORTH 210 FEET TO AN IRON PIPE; THENCE RUN WEST 340 FEET TO A STAKE; THENCE RUN SOUTH 110.6 FEET TO A STAKE; THENCE RUN SOUTH 88°30' WEST 135.8 FEET TO A STAKE; THENCE RUN SOUTH 97.2 FEET TO A STAKE IN THE NORTH LINE OF PARCEL A; THENCE RUN EAST 279.8 FEET TO THE POINT OF BEGINNING, IN INDIAN RIVER COUNTY, FLORIDA. LESS & EXCEPT THAT PARCEL DESCRIBED IN QUIT CLAIM DEEDS RECORDED IN O.R. BOOK 1142, PAGE 1415 AND O.R. BOOK 1142, PAGE 1413, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. TOGETHER WITH ALL RIGHT, TITLE AND INTEREST OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY IN AND TO THAT CERTAIN EASEMENT AGREEMENT DATED JUNE 12, 2003 AND RECORDED IN OFFICIAL RECORD BOOK 1623, PAGE 2869, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS, IF ANY. is changed from A-1, Agricultural -1, to RS -3, Single -Family Residential District. Page 2 of 4 166 ORDINANCE NO. 2024 - All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this day of , 2024. This ordinance was advertised in the Press -Journal on the 7th day of April, 2024 for a public hearing to be held on the day of , 2024, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and a dopted by the following vote: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Susan Adams, Chairman ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller BY Deputy Clerk: Page 3 of 4 167 ORDINANCE NO. 2024 - APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, County Attorney APPROVED AS TO PLANNING MATTERS Andrew Sobczak, Planning and Development Services Director Page 4 of 4 168 4/23/2024 Item 10.A.1 . Indian River County Board of County Commissioners April 23, 2024 Island Manor Development, LLC. Rezoning Request A-1 to RS-3 Description & Conditions • The property is located on a western portion of the north barrier island and contains +19.6 • s ' P acres. i • This portion of the barrier island includes the Captain Forster Hammock Preserve, a State- ''1'1,•! owned land that the County has a long-term lease to manage as a conservation area and Yi •41the RS-6 single-family Island Club Riverside . .' Subdivision to the south. .5•••-• %ter,. ,,, .� -• Kir �. • The surrounding land use pattern consists of '` A•c- �' r a mixture of conservation land to the north and east, single family development to the Jungle Trail south, and the Indian river to the west. The property is currently zoned A-1, Agricultural sland Club Riverside Subdivision District which permits one unit per five acres. • There are two small, individually owned parcels, zoned RM-6 located at the northwest corner of the subject property. 1 4/23/2024 Item 10.A.1 . Zoning Map V thil ..%* 1‘'s 4m ' I R51 - O ,; ...i ^r. J .st••.. NII illl/J/Jl� :. ,at - .2�-i.. it ';1t. CON I \,74-,A.,6 \1 FM t l Nil('I MN(I. , � A-1 i �\ V Ito 125-3 1 -- - - Li !�u.LO ''',,,,.\\0111.0 MU/ TI-1Hiown 1 ti Rs=1�`.., AV WI s..cassroe -1 min i t Tri�)r'I) I�rryr , I /^, `\1,1%.... .is MUNI , 4w. - 1 j' y'°<IE,R�jy,, .'5,.. .0 `J\ III 1 I II INFORMATIONAL MAP-NOTA SURVEY '//� 1150 Island Club Manor Vero Beach,FL 329630 Island Manor Development.LLC-Rezoning Request Future Land Use Map \` o r%b*i ``�• 1 _-- �L, to WDA N P um- ----; \ j K. - 1-2 �� • C 1 w:rcan,. tAFL-2 A\ can' urw: mssT• x`'i� 1, .111M2 MUTT (I I.R(lI, `er.1L1111L(.-f1.1lLLll/'' v tUUIlrl .G L.x O'"S •! ♦ .i ui - MAeM nxna V _ to 5-s, , Alumni,i.7C\itall ' ,'ILT' I `- ti. NNLH r� C.2.. .. a/., SHORESV r po '"y--11�T177TA i i wF CRMni'.ONAL MAP.ROTA SURVEY 1350 Island Club Manor Vero Beach.FL 32963 hland Marcor Development LLC-Rezoning Request 2 4/23/2024 Item 10.A.1 . A-1 Agricultural-1 District • Designed for agricultural, aquifer recharge, and conservation uses • Intended to provide for residential uses at very low densities • Requires non-urban locations primarily devoted to agricultural activities • Serves as a Holding district until the property is ready to be developed Zoning District Minimum Lot Minimum Lot Width Density Units/acre Front-Rear-Sides Minimum Open Area Principal Structure Setbacks Space A-1 200,000 150 feet 0.2 30 Front-30 Rear-30 Side 80% RS-3 12000 80 feet 3.0 units/acre 25 Front—25 Rear-15 Side 40% RS-3 Proposed Zoning • A Single-Family District • Designated for Low Density Single-family Residential Development • Ensures adequate public facilities to meet the needs of residents • Will create a "step down" zoning buffer between the existing RS-6 subdivision to the south and the CON-1 zoned conservation area to the north. 3 4/23/2024 Item 10.A.1 . Rezoning Request is Consistent with L-2 Future Land Use Designation • The L-2 future land use designation is intended to provide areas for the development of residential uses with densities up to 6 units per acre. • The existing L-2 future land use designation is consistent with the requested RS-3 zoning district. • The requested RS-3 zoning district will limit the density to 3 units per acre. The existing A-1 zoning district would limit the density to one unit per five acres but is not consistent with the existing L-2 future land use designation Table 2.14. Analysis per Chapter 902.12 (3) Review Crtterta cha r 9 1111 Commen A.In conflict with any applicable portion of the land development Meets Criteria The land use zoning matrix provided in section regulations? 911.07 of the County LDRs,the requested RS-3 zoning designation is consistent with the subject property's L-2 land use designation.Proximity to conservation lands,will require coordination to minimize development impacts. B. Consistent with all the elements of the Comprehensive Plan? Meets Criteria Future Land Use Element:Objective 1,Policies 1.12,1.13&1.43;Objective 7,Policies 7.1,7.2,7.3,7.4,7.5&7.6 C. Consistent with Existing&Proposed Land Uses? Meets Criteria Proposed RS-3 Zoning is consistent with the existing L-2,Low Density FLU.(No Future Land Use Amendment change is proposed as part of this request). D. In compliance with adopted County thoroughfare plan. Meets Criteria Main access for site is from Island Club Manor to ✓ Highway AlA. E. Generate traffic which would decrease levels of service as Meets Criteria All roadway segments within the area of adopted? influence would operate at an acceptable LOS under the proposed RS-3 Zoning. 4 4/23/2024 Item 10.A.1 . Analysis per Chapter 902.12 (3) continued 'Review Criteria Chapter 902.12(3) Meets Criteria Comments A-N sL knot the proposed amend F. Subject to changed conditions exist that warrant an amendment? Meets Criteria A low-density residential subdivision with homesites that are almost an acre in size as a proposed land use is more compatible than the existing underlying land use that potentially allows land uses of a higher density that is more likely to be incompatible with conservation areas and existing surrounding properties. G.Would decrease levels of service established for sanitary sewer,potable Meets Criteria The applicant may be required to pay connection and water,solid waste,drainage,and recreation? customary fees.A more detailed concurrency review will be conducted during the development review process. Section 910.07 of the Land Development Regulations,Conditional Concurrency Review of Rezoning Requests based upon most intense us Size of Area to be rezoned: +19.6 acres Existing A-1 Zoning District: Single-Family Residential Homes,1 unit per 5 acres Proposed RS-3 Zoning District Single-Family Residential Homes,Up to 3 units per acre Most intense under Existing 4 Single-Family Residential Homes Most intense under Proposed 58 Single-Family Residential Homes Analysis per Chapter 902.12 (3) continued Review Criteria Chapter 902.12(3) Meets,Criteria Comments Whether or not the proposed amendment is or wou, H.Result in the significant adverse impacts on the natural Meets Criteria Additional Federal,State and County environment. coordination and/or permitting may be required based on the results of the environmental assessment. The property is in Flood Zone AE.Additional flood protection regulations will be reviewed via the subdivision development review process. I. Result in the orderly and logical development pattern, Meets Criteria Consistent with Comprehensive Plan and the specifically identifying any negative effects on such pattern. surrounding land uses and will provide for a logical and orderly development pattern. J. In conflict with the public interest and is in harmony with the Meets Criteria The request is in harmony with the purpose and purpose and interest of the land development regulations. intent of the land development regulations. K. Any other matters that may be deemed appropriate in review Meets Criteria All concurrency mandated facilities have and consideration of the proposed amendment such as police adequate capacity to accommodate the most protection,fire protection,and emergency medical services. intense use under the proposed zoning district. 5 4/23/2024 Item 10.A.1. Conclusion The requested RS-3 zoning district is: • Compatible with the surrounding area • Consistent with the goals, objectives, and policies of the County's adopted Comprehensive Plan ./ • Is consistent with the County's Land Development Regulations • Deemed suitable for RS-3 zoning • Supported by Staff • The PZC recommended unanimous approval at their March 14, 2024 Meeting Recommendation Staff and the PZC recommend that the Board of County Commissioners approve this request to rezone the subject property from A-1 to RS-3. 6 4.2lo. A. Indian xiver County Planning '1 ll� � V L.. Ifathy Ch&Mt IVE Indian River County Planning APR f� � :ONSIN COUNTY OF BROWN Indian R# ckoul PtnrOng & D*vw0pMwrnt 04/07/2024 Affiant further says that the website or newspaper complies. with all legal requirements for publication in chapter 50, The Board of County Commissioners of Indian River County, Florida, will consider the adoption of a County Ordinance rezoning land within the unincorporated portion of Indian River County. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday, April 23, 2024 at 9:00 a.m. in the County Commission Chambers of the County Administration Building located at 1801 271' Street, Vero Beach, Florida. The proposed ordinance is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 19.6± ACRES LOCATED ON THE NORTH SIDE OF ISLAND CLUB MANOR APPROXIMATELY ONE QUARTER OF A MILE WEST OF HIGHWAY A1A, AND TERMINATING AT THE EASTERN BOUNDARY OF THE INDIAN RIVER, FROM A-1, AGRICULTURAL -1 TO RS -3, SINGLE-FAMILY RESIDENTIAL, AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. The applications may be inspected by the public at the Planning and Development Services Department of the County Administration Building A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays. For more information, contact Cindy Thurman at (772) 226-1243. The Board of County Commissioners may adopt another zoning district, other than the district requested, provided that the adopted zoning district is consistent with the county's comprehensive plan. Anyone who may wish to appeal any decision that 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 is based. Anyone who needs a special accommodation for this meeting must contact the county's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Board of County Commissioners By: -s- Susan Adams, Chairman .k gUKjU PAO PgRTI t4 A7A9t�nM f.W il4eW 94x4 N --t1 ilYi $t a. antunox.,� nwxv�i 3ygl14MrM»Woe+*�, e.a�-�namr11Rk5�`n, 10 A - Check out the classified section everyday. roc TCPALM.COM I SUNDAY, APRIL T. 2024 1 911 ... ,... , hn wmaa sm..l shoo. ryepq 1" ".x�bevo,�.ai �ie.�,'«moor mn'io � m . e.P4� na�iri IE � � „y �9 - cemw,mo-+kro:v eiw. a es r:::A le°�`.me o°aeiiwnNm.++b na:u� i w�ro°in°::':r'w`a�ma„ maa raarra rr.o,oc.asl at.rr.,�w., avi .,anon a cM1ArN.9�,»,anon I.a Mr.).e AN -. •' FORE HE OOA COUNTY COMMISSIQN R ; INDIAN RIVER COUNTY NOTICE OF REZONING - PUBLIC HEARING P Thu Board of County commissloners of Indian Wver FkHda,wiliconaiderlheadoption of Cowty Ortlinance _ land within the unincorporated portion of emlan River Caaey:K Public heariv. atwhich parBes In interest 90 clffiens shall have an opportunity LD be heard, wyl be held an Tuesday, April tar - -, 2024 at 500 a.m. in the County Commission Chambers of 910 �h Coumy Administratlon Buildup located at 1801 27^ Street Vero A+•L'Y s. a+•+ f,.we _� 3 Beach, Florida The plo0osed ordinanceis emitted: AN ORDINANCE OF INDIAN RMER COUNfY, FLORIDA, AMENDa&& THE ZONING ORDINANCE AND THE ACCOMPANYING ZONNO,,�y )AAP FOR APPROXIMATELY 19.6± ACRES LOCATED ON THE NORTH SIDE OF ISLAND CLUB MANOR APPROMMATELY ONB a . -. DUA RTER OF A MILE WEST OF HIGHWAYAIOL AND 7ERMIWITNI{ ri AT THE EASTERN BOUNDARY OF THE INDIANRIVER. FROM A-1, 4'+ AGRICULTURAL -1 TO RS -3, SINGLE-FAMILY RESIDENTIAL, AND PROVIDING CODIFICATION, SEVERABILTTY,AND EFFECTIVE DATE The applications may he inspected by the public at ft u Fi Planning and Development Services Department at the Comm , Administration Building A. located at 1801 27th Street, Vat :. Beach, Florida, between the hours of 8:30 am. and 5:00 P.M. ' an weekdays. Far more Information, contact Cindy Thurman at- (72) 226-1243. { The Board of Cmmty CommWkners may adopt N»Ihea ,L ^ =doing disht4 other than Ino cle tict requested, provided W' .. -'`. • .... . ...... ' the adopted zoning district is conslrerd .0 the ceuntyy ' :...,, - ficamehersive plan. Anyone who may wish to appeal any decision That may to :made at this meeting will need to ensure that a verbatim record of file proceedings is made, which includes the testimony and •� --evidence upon which the appeal is based. Au awho needs a special accommodation for this meetnfif J, must contact the county's Americans wth Disabilities ACI Coordinator al p72) 226-1223, at least 411 hours in advance of ; tie meeting. Indian River County Board of On*oo rmriaiwm y .. ORL ff Ws tickets pets collectibles cameras coins instruments jewelry furniture coli ,. Place your classified ad today. Y E t._ HO ANOW i M Check out the classified section everyday. Laura Moss From: Kim Moirano Sent: Monday, April 22, 2024 12:21 PM To: Laura Moss Subject: Phone Message Rob Shapiro called and he had spoken to Wendy Swindell who had suggested he speak to you. His phone number is 908-892-9346. He would like to speak to you before tomorrow's BOCC meeting. His phone number is 908-892- 9346. ff�ii1 1 Laura Moss From: Website Form Submission <noreply@revize.com> Sent: Thursday, April 18, 2024 8:43 AM To: Laura Moss Cc: Scott Johnson Subject: Website Contact Form Submission CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. first name = Peter last—name = Dube email = cobalt357@gmail.com phone =7727662569 text -1696620181382 = 8520 Seacrest Dr issue = Would it be possible to meet with Laura to discuss briefly the proposed island manor development zoning change? preferred contact = email whichemailaddress = Imoss@indianriver.gov J J6 �5 Laura Moss From: Sent: To: Cc: Subject: Peter Dube (772) 766-2569 RE: 10a1 on the Agenda Maura Stokes Friday, April 19, 2024 10:58 AM Laura Moss Natalie Novak Ph Msg - Peter Dube (772) 766-2569 RE: 10a1 on the Agenda Kindly call when you are available. Best Regards, '�Wvlm01146 Assistant to Commissioner Deryl Loar, District 4 Indian River County - �rcrGo�aa�t.wrrs Laura Moss From: Kim Moirano Sent: Friday, April 19, 2024 10:59 AM To: Laura Moss Subject: Phone Message Beth Shapiro called and would like to speak to you regarding land acquisition —Jungle Trail Manor. Her phone number is 908-892-9348. Kim 10. A. 2. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr.; County Administrator PREPARED BY: Chris Balter; Chief of Long -Range Planning DATE: April 10, 2024 RE: Consideration of Mod Units LLC Request for a Local Jobs Grant It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its meeting of April 23, 2024. DESCRIPTION AND CONDITIONS As part of the County's initiatives to improve the local economic base, a package of economic development incentives designed to attract targeted businesses to the County and to encourage existing businesses to expand their operations within the County was established in 1996. Included in that package of incentives was a local job grant program. That program, which was revised by the Board of County Commissioners in October 2000, December 2006, and March 2009, provides a financial incentive to businesses that create good paying, full-timejobs in Indian River County. Mod Units LLC has applied for a local job grant for its business which will manufacture affordable steel - enforced modular units for the construction of affordable multi -family housing complexes. As proposed, Mod Units LLC will bring a targeted business with approximately twenty-four (24) new jobs to the County. To be eligible for the County's Local Job Grant Program, an applicant must create at least 5 new jobs, and those jobs must pay wages equal to or greater than 75% of the County's average annual wage. Currently, seventy-five percent of the County's average annual wage is $37,841, and twenty- four (24) of the proposed twenty-four (24)jobs meet the minimum wage requirements for the job grant application. Based upon proposed wages and jobs, Mod Units LLC is eligible to receive up to a $128,000 jobs grant. 169 ANALYSIS Company Mod Units LLC is a manufacturer of affordable steel -reinforced modular units for the construction of affordable multi -family housing complexes. Mod Units LLC will expand their existing business in Indian River County and will create twenty-four (24) newjobs. All twenty-four (24) of the proposed jobs will meet the minimum annual wage requirements under the Indian River County Local Jobs Grant Program. Due Diligence As part of the process of evaluating Mod Units for participation in the County's Local Jobs Grant Program, County staff and Chamber of Commerce staff conducted research on Mod Units LLC, its officers, and agents. Actions taken as part of this due diligence process included: • Obtaining and evaluating a Dun and Bradstreet credit/financial report for Mod Units; • Conducting a general internet search for Mod Units and its officers using keywords such as, but not limited to, "foreclosure", "lawsuit", "crime", "criminal", and "defendant"; • Checking the Florida Department of State Division of Corporations website for corporate registrations and liens; • Searching County official records for tax liens, judgments, and pending litigation; • Using Public Access to Court Electronic Records (PACER) to search for federal civil and federal bankruptcy actions; and • Other searches as needed. Staff focused its due diligence research on the main sources of data readily available. Based upon that research and an evaluation by the Chamber's project review committee, Mod Units appears to be financially acceptable and appears not to have significant legal problems among its principals and officers that might raise concerns for providing Mod Units with public funds through the Local Jobs Grant Program. Under the jobs grant program, public funds are expended only after performance is verified (new jobs created at adequate wage levels). Local Jobs Grant Eligibility Review ➢ Industry Classification of Business To qualify for the County's Local Job Grant Program, a company must be one of the County's targeted industries. Under the County's target industry list, Mod Units LLC qualifies for the jobs grant program under the "Manufacturing/Warehouse. ➢ Job Creation Threshold 2 170 As structured, the County's jobs grant program provides $3,000 for each new position created that pays from 75% to 99.99% of the County's average annual wage; $5,000 for each new position created that pays from 100% to 149.99% of the County's average annual wage; and $7,000 for each new position created that pays 150% or more of the County's average annual wage. Currently, the County's average annual wage is $50,454. It is anticipated that Mod Units will create 24 new jobs in Indian River County, and all 24 of the proposed jobs will meet the minimum job grant qualification of having wages that are above 75% of the County's average annual wage ($37,841). Grant Calculation The following table indicates the number of proposed jobs in each wage category and the amount of job grant associated with that wage category and the total jobs grant amount. Category Qualified Jobs Amount per Job Total 75% of county average wage 0 $3,000 $0 100% of county average wage 20 $5,000 $100,000 150% of county average wage 4 $7,000 $28,000 Sub -Total Grant Amount $128,000 Jobs Grant Agreement The Economic Development Council recommends thatthe Board of County Commissioners approve Mod Units LLC's Local Job Grant Application. Upon approval, staff will prepare a local job grant agreement to be executed between the County and Mod Units LLC. That agreement will stipulate various requirements, including that: The grant will be payable over a five-year period by phase. Mod Units LLC will provide copies of its quarterly reemployment compensation reports (RT - 6 forms) to the County so that the County can verify that the number of jobs claimed for each local job grant payment level is being provided. Mod Units LLC will supply documentation to the County showing that employees reside within the County or in adjacent counties. The agreement will also include automatic termination provisions that are dependent upon performance (or lack thereof) by Mod Units LLC. Under those provisions, automatic termination will occur either on the date the County has made the last jobs grant payment or upon failure of Mod Units LLC to meet the minimum of 5 jobs hiring deadline or upon failure to provide quarterly reports for a period of three years. 3 171 Funding & Proposed Payment Schedule If approved, the local jobs grant will be funded from County General Fund contingencies taken from three separate County fiscal years starting in County fiscal year 2026-27. The following table indicates the proposed grant funds to be distributed to Mod Units LLC by fiscal year: FY Proposed Job Grant Payments 2026/27 $42,666.667 2027/28 $42,666.667 2028/29 $42,666.666 Total $128,000.00 The proposed payment dates and payment amounts stated will vary, depending upon actual performance by Mod Units LLC. Since there may be unanticipated delays in hiring new employees, an allowance for an administratively approved extension of up to one year will be included in the jobs grant agreement. That allowance could shift grant payments out by up to one year. ECONOMIC DEVELOPMENT COUNCIL ACTION At its regular meeting on March 19, 2024, the Economic Development Council voted unanimously to recommend that the Board of County Commissioners approve a local jobs grant of up to $128,000 for Mod Units LLC. RECOMMENDATION Staff and the Economic Development Council recommends that the Board of County Commissioners: 1. Approve a local job grant of up to $128,000 for Mod Units LLC. 2. Authorize the Chair to sign the Jobs Grant Agreement for Mod Units LLC after approval of the agreement by appropriate County staff and the County attorney's office (draft agreement attached). ATTACHMENTS 1. Jobs Grant Application 2. Draft Jobs Grant Agreement E 172 INMAN DIVER COVNTY AAk J! GRANTP5M' Ap'[' LICA1y _ TO attract MW b s"at» sSa to Wi tc in tMu"ki r County errd to cocourso w4sftbw1lncmm to expand locally. the I loard,of C'owty Covamialaftmithe Coattni ssionj WaWlillmd dw Icat Jolts Grant pro4pilt. 'M' program olTers ell pme ht MM (thosc w"the Cm's " Indiotry 119) financial incentives liar avating new t"1WVW jobomAdAwOm Cly wW tnaintairang 11kW jobsimr, n'<u a0c, yeam Targeted businesses that ctcttte # or tncxrrc" within .. Colinl paging at least 7S% Of the cutR+ait° axcr;e 8M1WWage ate digrGblrt to apply.: l,tbeti 111 /2022, the cvutrtty uses the State's 2020 A rage Amuai Wage aw, isc of$46,289., Qulitliiying businesses will be paid per job in aecolodanco w he tablebelow. An v itional ltd!. bonus is ava all for ► business that locates within the Indian Itiver.ComAyMily of Vero Beach Fnterpriw AM of Gifford. Percent of Average Wage% of New Qualified Jobs Grant Amount per New Job Created 75% to 99.99% of county average annual wage 100% to 149.99% of county average annual wage $3,000 per Job $5,000 per job 150% or more of county average annual wage $7,000 per job Average Annual merge IMIUdes Balmy, bonuses, and commissions (excluding benefits). Local Jobs Grant payments are provided on a per jo'b: basis, with 113" t of the designated payment being made 1 year after the job is in plaM 1 lJ d of *e designated payment being m 2 ,its after the joh is in place, and 1&0 oftic designated payment being made 3 years after the job is in per- AppligMion Review process Generally, the Local Jobs Grant application and award process takes .3043 Vis. i3ccaW dw 1 Grant program is an economic development incentive, jobs provided by a comps ypAw Intl jobs grantapplication review and approval are not eligible and should not be iii W a Local Jobs Grant application. Appikations ate first reviewed simulianwoly by Ow ladimAhwCly Chamber + tee and the Indian River County Commwk DvMop=M Department to verify that the business meets -eligibility criteria and first ft applieallion ins complete. Once that determination is made, the Local Jobs.. Grant' applicratilon is wheduled for. r.oview by the Indian River County Economic Development C (EDC). l 173 The HOC is an advisory board to OwCounty-Coaaftission, As stick ftlitlt t ie s Local Jobs. Grantapplicotifts and provides comments and mcommendations to 1C�ftitrtission. Gcnot*-� t oeal Jobs Out applications are schedulad`for consideration by the Commission #gproximatt~l 1 to 3 weeks alter EDC review. If the Cermission approves the application, a Lo Orattt agreement is executed between the, Cmmly and the business and is efl'ectii a on tha &y of Ow Commission approval, For any questions shoal the local Jobs Grant prolown qjoamc call the Indian RiW -qM pronomic I?cvelopntatt Manner at ('> 1(i !"2�3 or :ilix�or ounky i nn 4f Commerce Economic Development Director A(772) :367 —3,01, , t21. PNMMft. fthftIndlanRiverCounty ChambaofCorrtrtme and Indian River County conduct due diligence on local jobs gtsnt applicant businesses, owners. ef;ricers, and agents. Els pati of lbs due dligmm process, additional information may be requested, Confidential irtformat M and results -of the CowW's and Chamber ofCommerce's due dili "It be shared only between applicable county staff and the Chamber's Economic Developmei bilrecift. If Local Jobs Grant applicant is also applying for state economise development incentives, this c Orifi ktttW information and results of due diligence findings may be shared with Enterprise Florida staff, as covered by State Statute. 2 174 Mod Untt%! x.4 nOP" Name Rc�t�b i;anm~3 Hull l.'�) . M PROPMgD Li A ?7 j -3r 9. Address 30382100006005000001.1 Property Parcel Number(s) Current Location (if different) Address Cityzo CA&' Pro2Lrty Parcel Nurn; : 3 175 thtWAICS �. ,. .. *tC i±lAICSCodes 'for business typescan be found at the following website �;tv{teensu�.gov�eoslwww the site be a dedicated h. �ststd� offtet pelms Phase Number of net new Deft by whkh promised jobs will be Yver Ai full-time equivalent a the appropnate quarter end AMMOI jobs creme by theS) business ttht)AM to Ns Im dm 1toldtaY.i1AW4 t i113 tAt at last S Jbbs in Phase i. t I II Total WJ { nam V1. CONnVMWTM6UIryi,. In accordance with motion 208473 of'the Maide Shiftitts, this Applicant rot ► mlovot OW . trndian River County maintain the confidcnth ft of all informa t regarding the P wt- , luding nfottmatio n contamed iso this applicatiott) for *e4esWrvf a 12 month period aftertheAft of this Application (which try be extended for tin acW#li"onai l Months upon t"UeSt), (i AID"ft after the issuance of the final project.order approving the eject or until the infort intt is *therwise disclosed. Please indicate whether the App lkant is requesting confidential botmaKotdtc:Project in accordance with Section 2.811 t75 of the'PIM& Statutes. FX --1 Yes No me ge, the information included in this application is accurate. 6 0 I.Cover lcttcr requesting con idci�atity • �3ri+d'nt1ttgeofapplicant'sbusiness IAMer of Audtorlmdon brim dvmw if appiicd for by anyone o#W fat ovmcr r « > W. Sworn Statement an Disclostdvt and Disclostaa Financial Conflict of Interest' JC 6 F .10. r. F d I 00 ° a dti a >o. o Q� aAd + Q L ... M+ 1 A a O tA �! O w N V w3 ww F d I 00 JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND MOD UNITS LLC THIS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT ("Agreement") is made as of the 23rd day of April 2024 (the "Effective Date") by and between Indian River County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as COUNTY, and Mod Units LLC a company authorized to do business in the State of Florida, hereinafter referred to as COMPANY. BACKGROUND RECITALS: WHEREAS, it is the policy of COUNTY to stimulate economic growth in COUNTY by either attracting new businesses to COUNTY or by encouraging the expansion of existing businesses within COUNTY; and WHEREAS, the creation of new employment opportunities for residents of COUNTY and the increased tax revenues resulting from such business expansions or relocations within COUNTY is beneficial to the local economy; and WHEREAS, COUNTY has determined that offering a Jobs Grant Program encourages businesses to expand within or new businesses to locate in COUNTY and thereby creates new employment opportunities for the residents of COUNTY; and WHEREAS, COUNTY, through its Board of County Commissioners, has created a local Jobs Grant Program; and WHEREAS, COMPANY, in accordance with the COUNTY's Jobs Grant Program criteria, is an existing business that will expand its business into the COUNTY to create 24 additional full-time jobs which pay at least 75% of COUNTY's average annual wage level; and WHEREAS, COUNTY has determined that COMPANY is eligible to receive a Jobs Grant; and WHEREAS, COMPANY acknowledges that this Agreement shall be based upon compliance with COUNTY Jobs Grant Program requirements; and, WHEREAS, COUNTY finds and declares that it is in the public interest to award a Jobs Grant to COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. Definitions. As used in this Agreement, the following terms shall mean: -1- ATTACHMENT 2 180 a. "Adjacent Counties" means Brevard, Osceola, St. Lucie, Okeechobee, and Martin Counties. b. "Annual Wage" - includes salary, bonuses, and commissions. c. "Default" -failure to comply with the terms of this Agreement. d. "Expanding Business" — shall be defined as a business expanding its operation over and above its base employment amount at the time of jobs grant approval by 5 or more new jobs to employ 5 or more new full-time employees in the COUNTY within the term of the Grant. e. "Full-time Equivalent Job" - shall be defined as a position that is scheduled for at least 35 hours per week. f. "Indian River County Average Annual Wage" — shall be defined as the average annual wage per job in COUNTY as determined by the Florida Agency for Workforce Innovation, Labor Market Statistics Center, Quarterly Census of Employment and Wages Program, in cooperation with the U.S. Department of Labor, Bureau of Labor Statistics. Currently, the COUNTY's average annual wage is $50,454 (effective January 1St, 2023, for the state QTI Tax Refund Program). This dollar value shall be used for the duration of this Agreement to determine local job grant incentives. g. "New Business" —shall be defined as a business establishing 5 or more new jobs to employ 5 or more new full-time employees in the COUNTY within the term of the Grant (as such term is hereinafter defined), provided that such business first begins operations on a site in the COUNTY clearly separate from any other operation owned by the same business. h. Commencement Date" — the date that the COUNTY begins tracking qualifying jobs for potential local jobs grant payments. Such date shall start on one of the following dates: January 11t, April 1St, July 1St, or October 1St of a year agreed to by COUNTY as established within this Agreement or as otherwise modified in accordance with this Agreement. i. "Qualifying job" — a full-time equivalent job having an annual wage equal to or greater than 75% of Indian River County's Average Annual Wage. Such jobs must be filled by people who live in COUNTY or Adjacent Counties. j. "Quarterly Reemployment Compensation Report (RT -6 form)" — Form from the Florida Department of Revenue that businesses in the state of Florida must complete and submit to the state on a quarterly basis. Information collected -2- ATTACHMENT 2 181 on the form includes the names of employees, their social security numbers, and the gross wages paid to each employee on a quarterly basis. The information is used for reemployment compensation should employees cease to be employed. For purposes of this Agreement, this definition shall also include other similar COUNTY approved certified forms from COMPANY or COMPANY's professional employer organization. k. "Relocation of a business" — a business relocating to COUNTY and employing 5 or more full-time employees in the COUNTY. I. "Target Industry" — An industry identified within the Target Industry List of the Economic Development Element of COUNTY's Comprehensive Plan (Policy 2.5 of the Economic Development Element). 2. Term; Termination. This Agreement shall be effective as of the date of this Agreement stated on page 1 and shall automatically terminate after one of the following has occurred (whichever occurs first), unless terminated earlier by COUNTY because of a Default by COMPANY. a. COUNTY has made the last payment to COMPANY; b. COMPANY did not employ a minimum of 5 new Qualifying Jobs by the Commencement Date, as may be modified; or c. COMPANY failed, for a period of 3 consecutive years (12 quarters), to provide required Quarterly Reemployment Compensation Reports (RT -6 form) to COUNTY. 3. Grant Eligibility; Payment Schedule. a. COMPANY will be eligible for total Jobs Grant Funding (hereinafter a "Grant") in an amount of up to $128,000.00. COMPANY acknowledges and agrees that the initial Grant under this Agreement is payable on a reimbursement basis. The number of jobs estimated to be provided is listed below. Jobs grant payments are dependent upon the number of employees exceeding the company's employment level at the time that this Agreement is approved by the Indian River County Board of County Commissioners, and by the criteria set forth below. (i) For Phase I, 8 new qualifying jobs meeting the wage level commitment in Section 5 of this Agreement shall be provided by the phase commencement date of 10/01/25. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMPANY shall receive 1/3 of the Grant amount for those 8 jobs. -3- ATTACHMENT 2 182 (ii) For Phase II, 8 new qualifying jobs meeting the wage level commitment in Section 5 of this agreement shall be provided by the phase commencement date 10/01/26. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMPANY shall receive 1/3 of the Grant amount for those 8 jobs. (iii) For Phase III, 8 new qualifying jobs meeting the wage level commitment in Section 5 of this agreement shall be provided by the phase commencement date 10/01/27. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMPANY shall receive 1/3 of the Grant amount for those 8 jobs. (iv) It is understood that the quantity of jobs proposed above, their annual wages, and dates of hire are estimates. Because of that, the quantity of jobs provided may be less than 20, and the Commencement Date (for Grant tracking) may be extended. Proposed jobs will remain eligible for Grant incentives provided: a. The minimum number of qualifying jobs provided in Phase I is 5. b. The maximum number of jobs eligible for local jobs grant funds for Phases I, II, and III is 24. c. The maximum extension for a phase commencement date shall be one year. Such commencement date extension may be approved administratively by the County Planning and Development Services Director or his designee, provided the extension date meets the requirements of Section 3 of this agreement. If any of the 24 eligible jobs proposed for Phases I, ll, and III are created after the Phase III commencement date or, if applicable, after an administratively approved extension to the Phase III commencement date, those jobs shall not be eligible for local jobs grant funds. In no case shall the total Grant exceed $128,000.00. (v) Failure of COMPANY to maintain claimed jobs for at least 3 years at required wage levels will result in the reduction of the Grant amount paid to COMPANY, as set forth herein. If, by the end of any of the annual periods, COMPANY has not maintained the total number of claimed jobs required or if COMPANY has provided the total jobs required, but the annual wage for any of those jobs is less than required for that year, the Planning and Development Services Director, or his designee, will lower the jobs grant award for the respective year by the amount allocated in -4- ATTACHMENT 2 183 such year for each job for which the requirements of this agreement are not met. Thus, the total jobs grant award could be less than $128,000.00 by the end of this Agreement. (vi) If COMPANY changes the products or services it provides in such a way that would make COMPANY no longer qualify as a "Target Industry" or if COMPANY relocates outside of Indian River County, COMPANY shall be in Default of this Agreement. COMPANY shall reimburse COUNTY for payments made to COMPANY while COMPANY was not a "Target Industry or if while COMPANY was not relocated within Indian River County." (vii) During the Term of this Agreement, COMPANY shall have a majority (greater than 50%) of its goods and services, attributable to the Indian River County location, sold or distributed outside of Indian River County. COMPANY shall reimburse COUNTY for payments made to COMPANY while COMPANY did not meet this requirement. b. Performance Evaluation for Payment. Prior to the submittal of COMPANY's 1St Quarterly Reemployment Compensation Report, COMPANY shall provide to the COUNTY Planning and Development Services Director or his designee an employee census and a copy of the Quarterly Reemployment Compensation Report for the Effective Date of this Agreement. That employee census must list the employee's name, job title, city and state in which the employee lives, annual salary, location where the employee works, and date of hire. COMPANY's performance evaluation will be conducted on an annual basis using the information provided on the Quarterly Reemployment Compensation Report (RT -6 form) and COMPANY's quarterly updates to its employee census. Each updated employee census must include the information referenced above plus the date of termination for each employee (if the employee terminates employment with the COMPANY). COMPANY shall supply additional documentation to the Planning and Development Services Director, or his designee, in a form acceptable to the Planning and Development Services Director, or his designee, showing that positions for which Grant funds will be awarded are filled by people who live in COUNTY or Adjacent Counties. The Grant eligibility determinations will cover one-year periods, with each yearly period beginning and ending as follows: -5- ATTACHMENT 2 184 Phase Grant Eligibility Determinations 1St 2 n 3 d (final) Begin End Begin End Begin End 1 1/01/2025 12/31/2025 1/01/2026 12//31/2026 1/01/2027 12/31/2027 II 1/01/2026 12/31/2026 1/01/2027 12/31/2027 1/01/2028 12/31/2028 III 1/01/2027 12/31/2027 1/01/2028 12/31/2028 1/01/2029 12/31/2029 (i) Each job must meet the minimum wage requirements specified in this Agreement. Payment of Grant funds shall be made based on the County's current adopted payment calculation methodology (methodology approved by the BCC on 10-24-2017) within forty-five (45) days after the date COMPANY submits the latest Quarterly Reemployment Compensation Report comprising the Annual Job Status Report (as defined in Paragraph 6), and this payment obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, should the date for filing the last Quarterly Reemployment Compensation Report, as described above, not coincide with the date that an eligibility determination is made, COMPANY shall have the right to file a Quarterly Reemployment Compensation Report, in a form substantially similar to a Quarterly Reemployment Compensation Report, and such Quarterly Reemployment Compensation Report shall constitute the Annual Job Status Report, the filing of which shall begin the running of the forty-five (45) -day period within which payment shall be made. If COMPANY applies for a Qualified Target Industry (QTI) Tax Refund from the State of Florida and if COMPANY has that QTI Tax Refund approved by the State, the Planning and Development Services Director or his designee will reduce the Grant amount paid directly to COMPANY for each eligibility determination in an amount sufficient to cover COUNTY's QTI Tax Refund 20% contribution obligation to the State for COMPANY's QTI Tax Refund agreement. The Planning and Development Services Director or his designee will submit the 20% payment obligation to the State for placement in the Florida Economic Development Trust Fund. (ii) If at the time of performance evaluation for payment as described in subsection 3.b COMPANY is not current on COUNTY Real Estate and Tangible Personal Property Taxes, COUNTY shall withhold Grant payments for that eligibility determination time period and COMPANY shall automatically forfeit its right to collect Grant payments for that eligibility time period. COMPANY shall remain eligible for any remaining future Grant payments for future eligibility time periods provided -6- FI-11jmr_TC ►i TilUIM 185 COMPANY is current on such taxes referenced above at the time of future Grant eligibility determination time periods. 4. Job Creation Commitment. COMPANY estimates that it will provide 24 new Qualifying Jobs within COUNTY asset forth in Exhibit "B", which is attached hereto and made a part hereof. The exact number of jobs actually supplied and their salaries, however, may vary. Grant funds will be awarded up to a maximum of $128,000.00. The Grant award will be based on the following: Category* Amount Per Job 75% to 99.99% of Indian River County $3,000 Average Annual Wage 100% to 149.99% of Indian River County $5,000 Average Annual Wage 150% of Indian River County Average $7,000 Annual Wage (or greater) *One average annual wage category will be utilized consistent with Exhibit "D" and the County's current adopted payment calculation methodology. 5. Wage Level Commitment. COMPANY estimates that it will pay 0 employees whose jobs are eligible for a Grant hereunder an annual wage of not less than $34,716.75, will pay 20 employees an annual wage of not less than $46,289, and will pay 4 employees an annual wage of not less than $69,433.50. The annual wage of the positions will be determined without taking into account the value of any benefits. COMPANY shall, in accordance with the provisions of paragraph 6 below, provide written verification of such wages satisfactory to the Planning and Development Services Director or his designee. 6. Annual Job Status. COMPANY must provide the Planning and Development Services Director or his designee with Quarterly Reemployment Compensation Reports (Form RT -6) of its business operations within COUNTY on State form RT - 6, as amended, a sample of which is attached hereto and made a part hereof as Exhibit "C". COMPANY must also provide the Planning and Development Services Director or his designee with quarterly updates to its employee census for employees working at its Indian River County location(s) (see section 3.b. of this Agreement). The cumulative Quarterly Reemployment Compensation Reports required to be filed for the annual period, correlated with each eligibility determination, and the corresponding quarterly employee census shall collectively comprise the Annual Job Status Report. Quarterly, COMPANY must also provide the Planning and Development Services Director or his designee a -7- ATTACHMENT 2 186 signed statement indicating the percent of its total sales/services from the Indian River County location provided outside of Indian River County for the jobs grant payment time period. Starting with calendar quarter 4 in 2026, quarterly reports must be submitted for Grant eligibility determination. Those quarterly reports must be submitted no later than 60 days after the end of each quarter, until the termination of this Agreement. Submittal deadline may be waived by the Planning and Development Services Director, for good cause. 7. Default; Termination. Except as set forth herein, in the event that COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, COUNTY may, at its option, terminate this Agreement. 8. Indemnification. COMPANY shall indemnify and hold harmless and defend COUNTY, its agents, servants, and employees from and against any and all claims, liabilities, losses, and/or causes of action which may arise from any negligent act or omission of COMPANY, its agents, servants, or employees in the performance of services under this Agreement. 9. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Indian River County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Parties hereby waive their right for a jury trial. 10. Lobbyist Certification. COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for COMPANY, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 11. No Discrimination Certification. COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. -8- ATTACHMENT 2 187 12. Attorneys Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 13. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The COMPANY's failure to maintain its job creation commitment or annual wage level commitment for any one year will result in the decrease of the Grant amount it was scheduled to receive for that year; however, such decrease will not preclude the COMPANY's receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and wage level commitment. 14. Assignment. COMPANY shall not, directly or indirectly, assign or transfer any of its rights or obligations under this Agreement, or any interest therein (the foregoing herein collectively "Transfer"), without the express prior written consent of the Planning and Development Services Director. The Planning and Development Services Director shall not unreasonably withhold its consent to any Transfer. Any such attempted Transfer without the express prior written Planning and Development Services Director's consent shall be null and void and may, at the option of the County Planning and Development Services Director, be deemed a Default under this Agreement. COMPANY acknowledges and agrees that the Planning and Development Services Director has the right, in granting or withholding consent to any Transfer, to consider, among other things, the financial responsibility and business reputation of the proposed assignee or transferee (the foregoing herein collectively "Transferee"); and any other items that the COUNTY Planning and Development Services Director, in his sole discretion, deems appropriate. If COMPANY seeks the Planning and Development Services Director's consent for a Transfer, COMPANY shall submit to the Planning and Development Services Director a written request therefore, accompanied by the following documentation: (i) the name, address, and telephone number of the proposed Transferee; (ii) a description of the business and jobs, including wages, to be created in COUNTY; and (iii) a financial statement or other reasonably detailed financial information concerning the proposed Transferee. If the Planning and Development Services Director withholds the consent to Transfer, COMPANY may appeal to the County Administrator. If the County Administrator withholds the consent to Transfer, COMPANY may appeal to the Board of County -9- ATTACHMENT 2 188 Commissioners. COMPANY acknowledges and agrees that: (a) the County Administrator or his designee, or the Indian River County Board of County Commissioners, has the right to request any additional information deemed necessary to make the decision relating to consent to the Transfer; and (b) if appealed to the Board of County Commissioners such request for a Transfer is expressly subject to the approval of the Transfer by the Board of County Commissioners, and such Transfer shall become effective only when signed by the Transferee and approved by the Board, which consent shall not be unreasonably withheld. The foregoing covenant shall be binding on the permitted successors or assigns of COMPANY. The prohibition on Transfers shall not prohibit a change in the form in which COMPANY conducts business. COMPANY will be released from further liability under this Agreement in the event of an approved Transfer, provided that the COUNTY's consent to any Transfer will not otherwise relieve COMPANY from any pre-existing obligation to COUNTY under this Agreement. 1S. Conflict of Interest. COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes Part III, Chapter 112. COMPANY further represents that no person having any interest shall be employed for said performance. 16. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to COUNTY shall be mailed to: Planning and Development Services Director Indian River County 180127 th Street Vero Beach, Florida 32960 and if sent to COMPANY, shall be mailed to (or current, official address): MOD Units LLC 775613 oth Street Sebastian, FL 32958 17. Entire Agreement. COUNTY and COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. -10- ATTACHMENT 2 189 18. No Pledge of Credit. COMPANY shall not pledge COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 19. Public Records. COMPANY shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law), as modified by exemptions in Chapter 288, Florida Statutes, in connection with this Agreement. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 21. General. The Background Recitals are true and correct and form a material part of this Agreement. 22. TERMINATION IN REGARDS TO F.S. 287.135: COMPANY certifies that it and those related entities of COMPANY as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, COMPANY certifies that it and those related entities of COMPANY as defined by Florida law are not on 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 COMPANY is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in 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 COMPANY, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making a 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. 23. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. -11- ATTACHMENT 2 190 IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida has made and executed this Agreement on behalf of COUNTY, and COMPANY has hereunto set its hand the day and year above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Susan Adams, Chairman ATTEST BY: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, County Attorney COMPANY: BY: Typed Name WITNESS: Signature Title: Title: -12- ATTACHMENT 2 191 EXHIBIT "A" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & MOD UNITS, LLC COMPANY Identification and Information: Application received date: November 11, 2023. COMPANY Description: MOD UNITS LLC is a manufacturer of affordable steel -enforced modular units for the construction of affordable multi -family housing complexes. COMPANY'S current mailing address: 775613 oth Street Sebastian, FL 32958 -13- ATTACHMENT 2 192 EXHIBIT "B" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & MOD UNITS, LLC I. Target Industry Categories eligible for application: COMPANY qualifies for the Jobs Grant Program under the "Manufacturing/Warehouse/Distribution" category. Under the North American Industrial Classification System (NAICS), COMPANY's activities are classified in the category of "Prefabricated Metal Building and Component Manufacturing", NAICS Code #332311. II. Employment Commitment: The COMPANY is receiving this Grant based upon its representation that it will bring the following employment opportunities to COUNTY: 1) 0 # of new, full-time employees whose annual wages are between 75% and 99.9% of Indian River County's average annual wage. 2) 20 # of new, full-time employees whose annual wages are between 100% and 149.99% of Indian River County's average annual wage 3) 4 # of new, full-time employees whose annual wages are 150% or greater of Indian River County's average annual wage III. Maximum Potential Grant Amount Category Qualified Jobs Amount per Job Total 75% of county average wage 0 $3,000 $0 100% of county average wage 20 $5,000 $100,000 150% of county average wage 4 $7,000 $28,000 Sub -Total Grant Amount $128,000 *The actual amount of the grant will depend upon the actual number of jobs provided and the salary paid for those jobs. In no case shall the total amount of the grant exceed $128,000. As noted in the agreement, incremental payments will be made for qualified jobs based upon phase dates and actual company performance in meeting local jobs grant requirements. S[1 U_IVIIIIL[41:1► I401WA 193 Exhibit "C" tuna ileac ink Aktatrifwritten 1W.- Florida Department of Revenue Employer's Quarterly Report Employers ars required tipfile quarterly twMage repwAmg rdless of,efnplaymen[acttvity or wtretller any taxes are due. r, .. RT --6 sw i R. 01/15 ok 11 b 1ARl p' 3NCt DUE DME.7, Pfh(AL11 t ,,. 1131 [11 00` # 1 Done fineliaamrdiaiiyris aygpdomot tisveatii(see tnumber,.}roa I I to the pre -pooled are mqubed to regbt�(eee insfructiors} mimmation on this loan. 1 NUMBER It changes are needed, I' �( request and complete an 00 6rsployerAccount Change Form (RTS -3) FOR p IIML ' E10,11 t Om wages paid this quar*. (Must total all pages) 3. Excess wages paid this quWw (See instructions) #� 4. Tile wages paid this quarter (See instructions) : - S 5. Tox due (Mulb*Line4byTaxRate) 6. Penaltydue t5 Enterth Ntalnumbef ( ►( "{J j j `j j`'( (See instructions) . of full-time and part-time 1 st Mordh ! I 7. Interest due J covered workers who L J i J �L 1 �J Ld (See instructions) t# �I performed services during 0: ''""j �� ■ 2nd Month i f I f or received pay for the I - i L. 6 (nstaltinent fee payroll penodinoludingthe { (j *"j (�} f'" ((�`( (See instructions) , 12tk.h of the month. 3rd Month I I { } # j I I'j I 9a. Taal amount due j (Seeinsbucoons)I �� Chedk'rf final retains +-Ac+ �4------++ Bate operations ceased. 1 9b. (SeeAmoin Encased �{"'''�� (See lost ce6ons) L. - !!l --- +++ Check if you had aR of state wages A#ecth Emp%yarrs RT Quarterly Report for Ot*-of-State Taxable Wages (RT-&*). If you are filing as a sole, prbprretor, is thus for domestic (houisehdd) employment only? , lwJsib .. jAektylires':!Rrtki( fitwRntsairsfetumnrri?[w ,. o#Ika4l�4!e:%!!!'!f�l , ." _ . �trn+lAwoa(t►irwtiM Polk.' a S Paid il, fa?t?[+1 preparers A"1111ame9ar dura .. oily tttit✓thgtit °' Rli.9a�..psr�.e..�.�a. ���:�!T.RT���T�i---p.a—.-.l ----------- •wn w.�rs. r+....+.:r tow Employer's Quarterly Report Payment Coupon 1 1T4 ,moan p.lf't?� COMPLETE and MAIL with your REPORT/PAYMENT. Please write your RT ACCOUNT NUMBER on check. Make check payable to: Fbrida U.C. Fund RT ACCOUNT NO. T:1 F.E.I. NUMBER �(�D "�{ 0000. '^� 0f{''"�� GROSS WAGES 1 111 (Fr rmi line 2 above.) (FMOUNT abme;SEti '� ran Lirte9bls atawe:) PAYMENT- FAR QUARTER D� ENQING,MMrYY 'Check hate it ydty are electirif 1A if you trankril"e Ud PAY taxdueih"irtstallmertts, 'fat :Iectronically. ri 4 III II IIIII I II III II II IIIII I II IIII II III II L Florida Departmentof pe�m�hror te �Rprt Employersare required quartery Avage a awhether awduej a :Black Ink: >TW IWMTS ENDKO d�Y�i'8QtAdfIE . .;; � NUMBiCFt 11•+M�Af3�iNrddrrwsaitMtllironia►it�i t?a. 1i1Md tMISClkdltlNTfA F. LOYSES$tjCfALSfzCU11111TY IA41M9ER � � . ►�tl�f! 18i. EIo1F?L9YEE't'�A�•WI►iI�F.A�JJ'tNs1�JAFC� jj .. j�}[ �j�"�'jJ ..-.�..�}'�J j{�� ... J�-!F] y] �1''r.µ.'7r 1�f4jY►Mid;rM$f�Mi111V�'NfRAs�}.-1!�ltbiellWl 1-1: fLI .E_1 � t � � � ��: - (.'_^.J� j1''.��' L J IF] F] �12a. FiIsT I J1 II it f�n1. Please save your instructions! Quarterly Report instructions (RT-6WRTS-3) are only mailed with new accounts or when there are changes. If you misplace your instructions, you can download them from www.myiiorida.com/dor 195 Tow Iiti�udilh�t�dMl�d"fpoin�ddfewri '.. .. ini�-far" 't _ Tali T+ouir[ir1+t LL�ur • �1 1� 4� . +xppma&i5anlpl"inl.,i�s�aa�irgari, _ DO NOT -------------- -- o"Am ------... ................. .........,:............. --...---------- .. Mail Reply To: Social wourilly numbers (SSNs)are used by the Florida Department of Revenue as unique Reemployment Tax identifiers for the administration of Florida's taxes. SSNs obtained for tax administration Department of Revenue purposes are confidential under sections 213.053 and 1144, Florida Statutes, and not 5050 W Tennessee St Bldg L subject to disclosure as public records. Collection ofyour'SSN is authorized under state Tallahassee FL 32399-0180 and federal law. Visit our website at www.myflorida.com/dor and select "Privacy Notice" for more information regarding the state and federal law governing the collection, use, or release of SSNs, including authorized exceptions. Please save your instructions! Quarterly Report instructions (RT-6WRTS-3) are only mailed with new accounts or when there are changes. If you misplace your instructions, you can download them from www.myiiorida.com/dor 195 10 A-2- Randi Wardlow From: Terri Collins-Lister Sent: Monday,July 22, 2024 1:25 PM To: Randi Wardlow Subject: FW: [External] affidavit of publication 4/23/24 F.y.i. Terri Collins-Lister Supervisor to the Clerk to the Board and the Value Adjustment Board 1801 27'f' Street, Building A Vero Beach, FL 32960 Indian River County 772-226-1432 Office 772-978-1857 Fax a , s -- 3 ea \ s , % fi€ - -- ---„fyii.0-.. ,,, From: Kathy Charest<kcharest@indianriver.gov> Sent: Monday,July 22, 2024 1:08 PM To:Terri Collins-Lister<tlister@clerk.indian-river.org> Cc: Chris Baiter<cbalter@indianriver.gov> Subject: RE: [External] affidavit of publication 4/23/24 Terri, Looking into this, I realized that this item should NOT have been listed as a public hearing on the agenda. It was a departmental item, so no ad was run, so there will not be any affidavit of publication.... Sorry.... 0 Kat-1'11y Chairet Office Administrator Planning & Development Services ..----, ext. 1254 -------t-/� / D ......______ From:Terri Collins-Lister<tlister@cierk.indian-river.org> Sent: Monday,July 22, 2024 12:47 PM To: Kathy Charest<kcharest indianriver.gov Subject: FW: [External] affida .t of pubii ion 4/23/24 115 - 4/23/2024 Item 10.A.2. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION April 23, 2024 Mod Units LLC Local Jobs Grant Application i Local Jobs Grant Program 0• Financial incentives for "Targeted Industries" to locate or expand within'.. Indian River County — Policy 2 . $3,000 for each new position created that pays from 75% to 99.99% of the County's average annual wage ($37,841 to $49,949) • $5,000 for each new position created that pays from 100% to, 149.99% of the County's average annual wage ($50,454 to $75,676) °1 • $7,000 for each new position created that pays 150% or more of t County's average annual wage ($75,681). \qs ' 1 4/23/2024 Item 10.A.2. Mod Units LLC manufactures affordable steel-enforced modular units for the construction of affordable multi- family housing complexes. The applicant has been found eligible for the jobs grant program that falls under the County's 'Manufacturing/Warehousing/Distribution' target industry category. The location will be in Indian River County, in t•e City of Sebastian Due Diligence focused on the main sources of data readily available onT,.. ompany, its Officers, and Agent ; Dun and Bradstreet credit/financial report s A Corporate registrations and liens search County official records for tax liens, judgments, and pending litigati• Public Access to Court Electronic Records (PACER) to search for federal civil and federal bankruptcy actions 115 . 2 4/23/2024 Item 10.A.2. Proposed Jobs Salary Range and Payment Per Job Category Qualified Amount per Total Jobs Job �5% of county average wagi ,-,. : ,.,,,,, 4_, , $3,000 $0 S37,841 to $49,949) 00% of county average wage 2 '000 50,454 to $75,676) $100,000 50% of court avera'e W.,4'..e r . .„ 41 ,7,000 $28,000 $75,681) ' $128,000 ,Sub-Total Grant Amount 1111.111.11111.11, W $128,000 Date Proposed Jobs Will Be in Place Number of New Date by which Amount of Job Grant Employees proposed jobs will be provided MO2 r 9/2/2025 $100,000 al lit 4 111111 9/2/2025* aill. $28,000 i i ii, II TOTAL S 128,000 * Date can be administratively extended up to one year`' .. .. "L5 3 4/23/2024 Item 10.A.2. Potential Payments by Fiscal Year (FY) FY Proposed Job Grant Payments 01111442,666.667 11142,666.66711M 20287911.11111, $42,666.66 Total S128,000.00 RECOMMENDATION a an. e co -(mile 'bey- opine - - recommend that the Board of County Commissioners approve a local job grant of up to $128,000 for Mod Units LLC. .. . „, _ Xi 4 LL �u Administrator's Matters April 23, 2024 4E11offOffice of the z INDIAN RIVER COUNTY ADMINISTRATOR \�ORI�A John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Nancy Bunt, Assistant County Administrator MEMORANDUM TO: The Honorable Board of County Commissioners FROM: John A. Titkanich, Jr., County Administrator DATE: April 23, 2024 SUBJECT: Strategic Plan - Element Statements Background & Discussion Following the BOCC accepting the final Goal Setting Report in February 2024, an internal Core Strategic Planning Team worked to further our strategic planning initiative. The accepted Final Report, based on the Board of County Commission and Senior Leadership Team workshop, identified themes for goals which have been reduced to five overarching goals: Environment, Governance, Infrastructure, Public Safety, and Quality of Life. The internal Core Strategic Planning Team, and subsequently reviewed by the Senior Leadership Team, operationalized each of these Goals by collaboratively developing a goal statement that defines and expresses the purposes and intent of each goal. The Goals and Goal Statements developed are as follows: Environment Advancing responsible environmental stewardship by protecting, conserving, managing natural resources, and fostering environmental awareness. Governance Delivering high quality local government services and managing resources in a financially responsible and sustainable manner, embracing accountability, transparency, innovation, performance, customer service and community engagement — the hallmarks of good governance. Infrastructure Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community. Embracing innovation, technology, and resiliency. 196 Administrator's Matters April 23, 2024 Public Safety Protecting residents and property through effective and responsive fire rescue, emergency medical services and emergency management. Promoting safety and well-being of the community through effective planning and enforcement of community and life -safety standards. Quality of Life Enhancing the quality of life to foster a thriving community for Indian River County residents by advancing programs and policies directed toward children, seniors, economic opportunity, attainable housing, community health, recreation, and public mobility. These are being presented for review and consideration by the Board of County Commissioners. From the Goals, the Core Strategic Planning Team and Senior Leadership Team, facilitated by and working with our strategic planning consultants, Dr.'s Joseph Saviak and Richard Levey, will develop and formulate associated Objectives (What are we trying to accomplish) with corresponding Strategies, Initiatives and Tactics or Action Items (How are we going to do it?). Additionally, the Core Strategic Planning Team will involve and solicit feedback from internal (mid-level managers and other employees) and external stakeholders (the public). In recognition that the Strategic Plan initiative is above and beyond staff's daily workload, I commend the time and effort each staff member dedicated to working through the process to develop these goal statements. I would like to note the Core Strategic Planning Team continues to work on refining Mission Statements and Core Values for Board consideration at a subsequent meeting. Staff Recommendation Adopt the presented Goals and Goals Statements for the County's Strategic Plan. 197 � "CTTI r 4- 0 -a c o ,A c o C7 3 c E vvcaa LA41 o ° v� i oN co v)v c - omo Ln 0 d' LLLL N N.^ N 0 N L U J fa LA ca 4- 0 -a c o ,A c o C7 3 c E vvcaa LA41 o ° v� m N O L >u N v Y > C3j.r� N Y � N N p NN S-0 Z vC:E v -a O a Y -O p c Q u O oN co v)v c - omo n c o .6 E v E o _° m L ° z v c E >v E w Z w Q Q m N O L >u N v Y > C3j.r� N Y � N N p NN S-0 Z vC:E v -a O a Y -O p c Q u O C d d O pN rows Oa 4A3 vd a L N dp �« _ENS ��NCV ' ?O YN^Y3p� Yv u34ia� WQN 'c¢" SON cQ " �omn � W O y y a N .gypp C .ypp�y Cyyy �? t■� t 1 S uQ N 6 W' s �ri�■ �. luawuonnu3 IewaIX3 Itu��wl 0 - t I t Y ���' � \J � iv 1 > �--+ L — 4-1 viO pQ) a cE cum aA N V N p m C_ E O t4A — U C Qi m N N i � •U •V. U -0 a-+ c-0 Q) U c O ro E aA� a v) • L v�` . U vi O U � O p m C C N. L N tw C2A cOi� f6 :m N '� C 4-j E^ O C U N N U4-5 4A v (- C :. C i O �.. 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U +, O to ��o� = U ' O tw c cc i v uH •� N v r n =-0 o a� c c c� lJ �u< E v aA . :. co i -a. c/ 1W 7a — bD •L Ln >• N cn N > MO 0- ' .; .. cc L v n 1 0 CL 4 N E to a--+ . - N . atlA E/� E C1A N O vii Q)w v N 4.0 • 1 O V QJ U L C L 4-J •a o N a' ° at � � `J CIL CLL cn a) Cr..0 t U c� t Me 4n /A > LL U N a + m 4-J l]A N QJ -� m N 3 O Q N pcv N N E C 0 M 0O iz 4-J Y N 4- Ou > C V L c Q7 N O Q m c Q O d E O .N C N N > 4J N LJ m 0 •O � 4 (U�-+ m ,o a� c a o m E o a.m c cc V) N 0 fa N ca m 4-J m i c '� O O coo CL 4-J cuc to :t tko txom 4-J N `M N 4J 'O U .a -Q C 4-J:3 M m m m M m N 4-J O +J 4-1 O m � O m M a iz LO O V) U N N a +J a a o a o a s 4n /A 12,6.1 INDIAN RIVER COUNTY, FLORIDA DEPARTMENTAL AGENDA ITEM BCC Meeting -24 Parks, Recreation & Conservation Department ` Date: April 10, 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: Proposed Parks, Recreation & Conservation Department Fee Schedule and Department Standard Operating Procedures BACKGROUND: With the advent of the newly formed Parks, Recreation and Conservation Department, the time has come to formally adopt fees and standard operating procedures for all facilities and programs under one departmental umbrella. The only Divisions with Board approved fees within the last 7 years are the Shooting Range, which was recently brought before the Board in December 2023; Parks, which received Board approval in 2017; and the Donald MacDonald Campground and Indian River County Fairgrounds Campground, which were brought to the Board in 2018. The Intergenerational Center has not updated the fee schedule since its grand opening in 2016. The last update to the Aquatics programs and facility rentals was in 2002. Fees to utilize the Athletic Fields, participate in Recreation Programs, and Athletic Leagues have not come before the Board for an updated fee schedule in over 20 years. Standard Operating Procedures (SOP) for the Department and each Division are being developed to provide general information by which the Department and Division operates. The Department's SOP has been drafted and included in this item for consideration. Each Division will create supplemental Standard Operating Procedures which are unique to their facilities and staff. The SOP for the Department and supplemental Division SOPs are intended to be adapted over time. With the completion of the Parks and Recreation Master Plan, the Department will establish guiding ideals including the Department's mission, vision, and values. The results from the Master Plan will be presented to the Board for comment, review, and approval, with changes to the SOPS incorporated as appropriate. DESCRIPTION AND CONDITIONS: The intent of the fee schedule revision is to adopt updated fees paid by users and user groups to help offset increases in actual program and operating expenses. The proposed fee schedules were introduced to the public through publication at the January 23, 2024, and February 20, 2024, BCC agenda as informational items. The proposed fee schedules were also posted on the County's webpage, at each facility, and in Parks, Recreation & Conservation offices allowing the public an opportunity to review prior to recommended approval by the Board. Fee updates are proposed to become effective August 1, 2024, when the Fall/Winter Program Guide will be published and distributed. The proposed fee update is attached as Exhibit A. 198 The draft Parks, Recreation, and Conservation Departmental Standard Operating Procedures Manual (SOP) is based on the principles of the Administrative Policy Manual and Indian River County Code of Ordinances, Chapter 205 — Parks and Recreation, and is intended to serve as a guide and reference for all Parks, Recreation, and Conservation Department staff. The Department SOP will provide general and universal information to employees within the Department regarding administrative and procedural methods by which the Department operates. The Department SOP, once approved by the Board of County Commissioners, will be supplemented by each Division's unique SOPs and relevant County policies to create a unified and comprehensive document by which each Division and the Department will operate thus creating clear expectations of employees and uniform operating procedures which will promote operational efficiency and exceptional customer service. Division SOPS will be presented in future meetings to the Board for review and approval. The culmination of the Department, Division and inter -departmental Policies and Procedure Manuals will be a comprehensive Standard Operating Procedure Manual utilized by all employees within the Department. The final SOP will be updated, amended, and adapted as necessary to meet changing operational needs. The proposed Parks, Recreation, and Conservation Department Standard Operating Procedures Manual is attached as Exhibit B. FUNDING: There are no funding requirements of the proposed Board recommendation. Projected revenue changes resulting from the proposed fee update are summarized as follows: Division Revenue Operating Projected Projected FY 22/23 Expenses Revenue Increase FY22/23 with Fee FY24/25 Update FY 24/25 Aquatics — North County Aquatic $348,259 $960,843 $470,747 $122,488 Center Aquatics — Gifford Aquatic Center $76,464 $521,837 $95,118 $18,654 Indian River County $285,195 $93,414*** $320,148 $34,953 Fairgrounds/Campground/Pavilions Intergenerational Recreation Center $289,653 $647,593 $322,122 $32,469 Indian River County Recreation $117,916* $1,058,535 $131,590** $13,674 *$118,938 Florida Blue Foundation Grant removed from total FY22123 revenue reported. **Not including Florida Blue Foundation Grant. ***Expenses represent utilities for Campground and Fairgrounds FY22/23 illustrative of subsidy provided — does not include other operational or staffing expenses. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the proposed fee update as attached in Exhibit A with an effective date of August 1, 2024. Staff further requests that the Board of County Commissioners approve the drafted Parks, Recreation, and Conservation Department Standard Operating Procedures Manual and authorize the Parks, Recreation, and Conservation Director to make administrative, non -substantive updates to the SOP as needed. ATTACHMENTS: Exhibit A - Proposed Parks, Recreation & Conservation Department Fee Schedule — drafted January 2024 Exhibit B — Parks, Recreation & Conservation Department Standard Operating Procedures MAYA Exhibit A Parks, Recreation & Conservation Department Proposed Fee Schedule Board of County Commission Approval Proposed 4/23/24 (All Rates Listed Do Not Include Tax) Facility/Equipment Reservation and Service Fees Sales Tax shall be charged in addition to facility/equipment reservation and service fees where no exemption applies and the tax has been imposed by law. (The organization mustprovide a tax-exempt certificate from the Florida Department of Revenue, at time of payment to not be charged tax on these fees) Aquatics North County Aquatic Center Entrance Fees Current Proposed Under 3 Years Old Free Free Child Activity Pool Closed $3.00 No Change Child Activity Pool Open $3.00 $5.00 Senior $3.00 No Change Adult $5.00 $6.43 1 month pass $15.00 $17.50 3 month pass $30.00 $35.00 3 month additional (same household) $20.00 $25.00 Annual $120.00 $140.00 Annual additional $80.00 $100.00 Camp Deposit $25.00 No change Camp fees out of county $4.00 $4.50 Camp fees in county $3.00 $4.00 Mile Swim club $5.00 $10.00 Lock rental $1.87 No change Lost pass card replacement $1.87 No change Diapers $0.93 Cost Classes Swim Lessons Group (8) $40.00 $45.00 Swim Lessons semi private (4) $40.00 $45.00 Swim Lessons Private (4) $80.00 $85.00 Aquatics fitness class $4.00 $5.00 Aquatics fitness pass (8 classes) $28.00 $35.00 Aquatics fitness pass (10 classes) $36.00 $45.00 Jr Guard class $75.00 No change School swim class per student $5.00 No change Lifeguard class - approved employee hire Free No change Lifeguard class - no employee relationship $250.00 No change First Aid Certification $30.00 $35.00 CPR/AED Certification $30.00 $35.00 First Aid/CPR/AED Certification $45.00 $50.00 EMR Class $400.00 200 Exhibit A Aquatics North County Aquatic Center (cont.) Reservations Current Proposed Shaded Structure 1-5 for 3 hours $50.00 $75.00 Party Reservation 2 Hours (20 person) $100.00 $150.00 Party Reservation 4 Hours (20 person) $175.00 $200.00 Dive * 3 s W5.00 Remove Dive .BFLi+zs, b 10- P75.00 Remove mTe-tens -��� i ich �z Di -ye . fs e n 2�5:()o Remove Dive team Fefrtal 16 20 has $275.09 Remove Dive team reservation per hour New $6.00 Swim Team r-emal sheft up te 1 14 hfs a week $59.00 Remove Swim Team rental Leng up *A- 4 It 4h--r-s a ;A;ee _ $100 .00 Remove Swim Team rental shert tip to 15 28hFs-aweek 00 Remove Remove Swim team reservation Short $3 per hour per lane New $3.00 Swim team Reservation Long $6 per hour per lane New $6.00 Lane fees per hour $12.00 $13.50 Diving well per hour $15.00 $16.50 Facility reservation (after hours) For 2 hours after or before hours $500.00 Removed - by facility license agreement only Facility additional hour $250.00 Removed - by facility license agreement only Water Polo Water Polo Lane fee $12.00 $15.00 Nets (per day) $25.00 $30.00 Swim Meets Facility reservation monthly teams per day $425.00 $850.00 Facility reservation outside teams per day $850.00 $1,000.00 Timing System (per day) Reservation teams $250.00 $300.00 Timing System (per day) $500.00 $550.00 Large Bleachers (per day) $200.00 No change Selling per vendor (per event) $25.00 $30.00 Dive meets Facility reservation monthly teams per hour $15.00 $20.00 Facility reservation outside teams per hour $20.00 $25.00 Gifford Aquatic Center Entrance Fees Child / Senior $1.50 $3.00 Adult $3.00 $4.00 Weekend $300 Remove 1 month pass $15.00 $17.50 3 month pass $30.00 $35.00 201 Exhibit A 3 month additional $20.00 $25.00 Annual $120.00 $140.00 Gifford Aquatic Center cont. (Entrance Fees cont.) Current Proposed Annual additional $80.00 $100.00 Camp Reservation Fee $25.00 No change Camp fees Out Of County Camps $3.00 $4.50 Camp fees In County Camps $2.00 $3.50 Camp Deposit $25.00 No change Mile Swim club $5.00 $10.00 Lost pass card replacement $1.87 No change Diapers $0.93 Cost Classes Fees Current Proposed Swim Lessons Group (8) $40.00 $45.00 Swim Lessons Semi Private (4) $40.00 $45.00 Swim Lessons Private (4) $80.00 $85.00 Stride -N -Splash $2.00 $4.00 Stride -N -Splash Punch Card (10 class) New $30.00 Jr Guard Class $75.00 No change Lifeguard class - approved employee hire Free No change Lifeguard class - no employee relationship $250.00 No change First Aid Certification $30.00 $35.00 CPR/AED Certification $30.00 $35.00 First Aid/CPR/AED Certification $45.00 $50.00 EMR Class $400.00 Babysitting Certification $45.00 No change School lessons pp/per class $4.00 No change Reservations Fees Party Room (Hourly) Includes up to 20 people $35.00 Large Shade Structure $20.00 Small Shade Structure $15.00 Entire Facility (closed to public)/hour $175.00 Swim Team reservation short up to 1-14 hrs/wk $50.00 Swim Team reservation short up to 15-28 hrs/wk $100.00 Swim team reservation Short - per hour/per lane New Lane fees per hour $12.00 Lane fees per hour $12.00 $45.00 $25.00 $20.00 Removed - by facility license agreement only Remove Remove $3.00 No change $13.50 202 Exhibit A Fairgrounds Open Space Current Proposed 0-5 Acres $150.00 $180.00 6-10 Acres $175.00 $200.00 11-40 Acres $525.00 $600.00 41+ Acres $775.00 $900.00 Facilities Fleetwood Expo Center $125.00 $150.00 Expo Open Air Pavilion $500.00 $550.00 Agricultural Pavilion $400.00 $450.00 Entertainment Bldg. $100.00 No Change Concession Bldg. $100.00 No Change Facility Exclusion Fee $250.00 No Change Alcohol Permit Fee $400.00 No Change Amenities Small Stage $50.00 $75.00 Tables $8.00 $10.00 Chairs $0.50 No Change Hoses/Sprinklers $20.00 No Change Light Carts $95.00 $125.00 Internet Access $100.00 No Change Tent 10x20 $200.00 No Change Stage Risers $20.00 $25.00 Small Bleachers (1st Day) $75.00 $90.00 Small Bleachers Addl. Days $25.00 No Change Large Bleachers (1st Day) $325.00 $400.00 Large Bleachers Addl. Days $100.00 No Change Large Stage (1st Day) $600.00 $700.00 Large Stage Addl. Days $200.00 No Change Fire Extinguisher $10.00 No Change Golf Carts $70.00 $100.00 Electric $75.00 $100.00 Marquee (1 st Week) $100.00 No Change Marquee Addl. Weeks $50.00 $50.00 Marquee Per Day $20.00 $20.00 Camping Camping - Primitive $20.00 $25.00 Camping - Electric $30.00 $35.00 203 Exhibit A Intergenerational (iG) Recreation Center Open Gym Current Proposed Adult Pickleball - 3 hour session $2.79 $4.67 Adult Pickleball Discount Card -11 visits $30.00 $27.90 Adult Pickleball Unlimited -1 month New $50.00 Adult Basketball - 3 hour session $2.79 $3.74 Adult Basketball Discount Card - 11 Visits New $27.90 Youth Open Gym $1.86 No Change Facilities RM 112 A Per hour $75.00 $85.00 RM 112 B Per hour $75.00 $85.00 Creston Media Wall Per Rental $150.00 No Change Gymnasium Per hour $125.00 $150.00 RM 131 A Per hour $55.00 $65.00 RM 131 B Per hour $55.00 $65.00 RM 131 C Per hour $55.00 $65.00 RM 135 Bamboo Room Per hour $55.00 $65.00 RM 110 (Prep Kitchen) Per hour RcM14 4 (Geneesfsienry Small -eyePA)i ei zeui $20.00 $50.0-0- $25.00 c M4 144-(Ceneessiens--tEffge-event) lie= houf RM 144 (Concessions) Per hour $125.00 Consolidated lie $100.00 Veranda (based on availability) Per hour $100.00 No Change Courtyard Per hour Eeuftyard (Lafge Ryem) Per de $100.00 $500.00 No Change Remeve East Lawn Per day $500.00 No Change J. Wiggins Field $200.00 Per Day $25 Per Hour Amenities per event (equipment) Current Proposed Tables - per table $8.00 $9.00 Chairs - per chair $0.50 $0.75 Gym Flooring $300.00 $350.00 Volleyball Equipment New $25.00 Sm. Mobile Bleachers (1st day) $50.00 $60.00 Sm. Mobile Bleachers (Additional days) $25.00 $30.00 Projector $150.00 $175.00 Sound System, Mobile $100.00 $125.00 Serving Carts $20.00 $25.00 Stage Risers (4 Minimum) Per 4x4 Riser $20.00 $25.00 Gym Scoreboard New $25.00 Marquee (1 st week) $100.00 No Change Marquee (Additional Weeks) $50.00 No Change Marquee Per Day $20.00 No Change Lobby TVs (1st Week) $50.00 No Change Lobby TVs (Additional weeks) $25.00 No Change Lobby TVs Per Day $10.00 No Change Graphic Upload $25.00 No Change 204 Exhibit A Intergenerational (iG) Recreation Center (cont.) Alcohol Permit Fee Current Proposed Up to 200 Guests/Per Day $200.00 No Change Open Gym over 201 Geestsmef Da $400.00 Reine*e UP to 1909 6eests $800.00 R-efneve Greater than 1000 Gmests K000.00 Remove Event Add Ons Gym Restfeeffis W00.00 Remove West Wing RestFeenfs V00.00 Q East Wing RestiFeems V00.00 Remeye Set Up/Breakdown Set up / Breakdown Guests less than 75 $75.00 No Change Set up / Breakdown Guests less than 150 $100.00 No Change Set up / Break down Guests greater than 150 $200.00 No Change Garbage 15 ft Dumpster $157.34 No Change 10 ft Dumpster $120.00 No Change Delivery Charge $75.00 No Change Dumpster Disposal $50.00 No Change Staff Staff $25.00 No Change Staff (Holiday rate) $50.00 No Change Miscellaneous Facility Exclusion $250.00 No Change Last-minute Booking Fee $25.00 No Change 205 Exhibit A Parks Pavilions Current Small - Under 500 sq ft $25.00 Medium - 501- 1,700 sq ft $65.00 Large - 1701 - 3,000 sq ft $75.00 Victor Hart Sr. Comm. Enh. Complex Pavilions No Charge West Wabasso Park Pavilions No Charge Amenities Proposed $25.00 $65.00 $75.00 No Change No Change Large Bleachers (1 st day) $175.00 No Change Large Bleachers (additional days) $100.00 No Change Stage 24' x 40' (1st day) $300.00 No Change Stage 24' x 40' (additional days) $150.00 No Change Donald MacDonald Campground Current Proposed Camping - Primitive $20.00 $25.00 Camping - Electric $30.00 $35.00 Ballfield Reservations Fran B Adams Ballfield (Hourly) $20.00 $25.00 Fran B Adams Ballfield (Daily) $150.00 $175.00 Kiwanis Hobart Park North Field (Hourly) $20.00 $25.00 Kiwanis Hobart Park North Field (Daily) $150.00 $175.00 Kiwanis Hobart Park South Field (Hourly) $20.00 $25.00 Kiwanis Hobart Park South Field (Daily) $150.00 $175.00 Dick Bird Park Ballfield (Hourly) $20.00 $25.00 Dick Bird Park Ballfield (Daily) $150.00 $175.00 Lights per hour $20.00 $25.00 Amenities Fencing - per field $100.00 No Change Field Prep - per field $50.00 No Change Portable Mounds - each $50.00 No Change Concessions (where/where available) $50.00 No Change Maintenance Worker Hourly Rate per hour $20.00 $25 Groundskeeper Hourly Rate New $35 Pickleball / Tennis Court Reservations Tennis / Pickleball Court (Hourly Day) New $20.00 Tennis / Pickleball Court (Hourly Night) New $25.00 Tennis / Pickleball Court (Daily, Incl. Lights) New $175.00 Basketball Court Reservations Basketball Court Reservation (Hourly Day) New $20.00 Basketball Court Reservation (Hourly Night) New $25.00 Basketball Court Reservation (Daily, Incl. Lights)New $175.00 206 Exhibit A Recreation Programming Program/League Current Proposed Adult Sports Adult Basketball $475.00 No Change Adult Softball $500.00 $550.00 Adult Kickball $500.00 No Change Adult Pickleball - per player $30.00 No Change Youth Sports Youth Basketball $45.00 $50.00 Youth Baseball $45.00 $60.00 Youth Flag Football $45.00 $50.00 Programs Classes / Camps / Tournaments 0-$150 0-$150 and Special Events — Approved by Director 207 Exhibit A SHOOTING RANGE Skeet/Trap — Per round Sporting Clays/5 Stand — Per round Shotgun Rental Golf Cart Rental Tournament/Event discount fee/Non-Profit 2000 Clay Targets Rifle/Pistol Range Junior Rifle/Pistol Archery Range Archery Course Junior Archery Range Junior Archery Course Airgun Range Junior Airgun Range .22 Rifle Rental 10 Visit Range Pass Rifle/Pistol Facilities Classroom per hour Action Field Per hour Archery Field Per hour Archery Course Per hour Skeet/Trap Field, 5 Stand Field (1 -hour block) Skeet/Trap Field, 5 Stand Field (4 -hour block) Range Officer/hour Field / Classroom - Set up / Breakdown Fee (Approved by BOCC 12/12/23) $10.00 $10.00 $15.00 $25.00 $8.00/round 20% Discount $15.00 $10.00 $4.00 $5.00 $2.50 $3.50 $4.00 $2.50 $10.00 $105.00 $65.00 $65.00 $50.00 $50.00 $10.00/hour $25.00 $25.00 $50.00 208 I. Welcome to Parks, Recreation and Conservation Indian River County Parks, Recreation and Conservation (PRC) Department is managed as a department under the direction of the Director of Parks, Recreation and Conservation, the Deputy County Administrator, and the County Administrator. The Parks, Recreation and Conservation Department strives to develop a professional and friendly workforce who stands ready to serve our residents and community through excellent customer service, exceptional facilities, and enriching programs. The Department consists of the following units: • Aquatics Division • Beach Parks/Ocean Rescue • Conservation Lands Division • Donald MacDonald Campgrounds • Intergenerational Recreation (IG) Center • Indian River County Fairgrounds • Indian River County Public Shooting Range • Parks Maintenance Division • Recreation Division • OF/IFAS Agriculture Extension For the purposes of this document, the term "County" refers to Indian River County, the term "Department" refers to Parks, Recreation and Conservation Department, and the term "Parks" includes all parks, grounds, and conservation lands, unless otherwise specified. 1 210 II. Parks, Recreation, and Conservation Organization Chart III. Indian River County Indian River County was established in 1925 and is located approximately 100 miles southeast of Orlando and 135 miles north of Miami. The County is bordered by Brevard County to the north, St. Lucie County to the south, and Osceola and Okeechobee Counties to the west. The County has approximately 100 miles of waterfront land, including 23 miles of Atlantic beaches. Through the Parks, Recreation and Conservation Department, the County owns, operates, and maintains 38 conservation tracts, 32 parks, including 8 oceanfront properties, 2 aquatic centers, a fairgrounds complex, a public campground, and a shooting range. The County is governed by a five -member Board of County Commissioners (BCC) whose seat is located in the City of Vero Beach. Each commissioner is elected to represent the interests of the five districts within the County. In addition to the BCC, there are five elected Constitutional Officers serving specific governmental functions: Clerk of the Circuit Court and Comptroller; Property Appraiser; Sheriff; Supervisor of Elections; and Tax Collector. Each of these offices operates independently of the BCC, based on their respective missions. The County Administrator appointed by the BCC is responsible for implementing policies adopted by the BCC, as well as providing leadership to ensure sound fiscal and administrative operations for the County. Indian River County provides a full range of services including, but not limited to, construction and maintenance of roadways; sidewalks and other infrastructure; fire rescue/emergency services; library services; traffic operations and control; parks, recreation, and conservation services; public golf course; human services; building inspections; licenses and permits; water/sewer utility services; and refuse collection and disposal. The County is organized into departments and divisions, with management structures in place that provide guidance, direction, and leadership in the fulfillment of services to the residents and visitors of the County. The Departments are organized within distinct management units: Departments (managed by the County Administrator): • Office of Management and Budget • Information Technology • Legislative Affairs & Communications • Commissioner Assistants • Human Resources Citizen Services (managed by the Deputy County Administrator): • Community Services Department • Emergency Services Department • Parks, Recreation and Conservation Department 3 212 • Sandridge Golf Club Infrastructure and Development Services (managed by the Assistant County Administrator): • Natural Resources Department • Planning and Development Services Department • Public Works Department • Utility Services Department 0 213 IV. County Organization Chart The organization of the County Department, Divisions, and other services is presented on the organizational chart below: VI. PRC Department Standard Operating Procedures A. Administrative Policy Manual The Indian River County Administrative Policy Manual (APM) is a Board approved document that is a compilation of policies, practices, and procedures designed as a communication tool for County managers and supervisors. The APM offers a standardized approach for the administration of policies and is intended to reduce difficulties which might arise from unwritten policy, inconsistent implementation of policy, or lack of proper communication. The APM is updated, as applicable, by the County Administrator, and approved by the BCC. A copy of the APM is available to all employees through the Human Resources Department; an electronic copy may be found on the County's website at: https://indianriver.gov/Document%20Center/Services/Human%20Resources/Staff%20Por to I/APM-rev010424. pdf. The APM provides the framework for the Parks, Recreation and Conservation Standard Operating Procedures Manual. B. Standard Operating Procedures Manual This Standard Operating Procedures Manual (SOP) is based on the principles of the Administrative Policy Manual and is intended to serve as a guide and reference for all Department staff. The Department SOP Manual is provided to each employee in two sections. The Department's "General" SOP provides administrative and procedural structure for all facilities and programs under the Departmental umbrella. The General SOP provides the necessary information regarding the Department's functions and purpose within the organization, as well as staff's roles and responsibilities consistent with the Administrative Policy Manual. The employee also is provided with a "Division" SOP that outlines policies and procedures for their specific Division within the Department. The General and Division SOP documents constitute the Department's SOP; this document will be updated regularly to address and reflect current operational and administrative policies of each Division within the Department. C. Parks and Recreation Code The Parks, Recreation and Conservation Department is administered consistent with Chapter 205 (Parks and Recreation) of the Indian River County Code of Ordinances. The intent of the Ordinance is to establish uniform policy for the administration of park and recreational facilities in Indian River County; to establish a system of regulations and rules governing the activities within the parks and recreational facilities; to declare certain activities as violations or rules and regulations; to provide for criminal penalties for violation of the regulations; to allow expulsion from a park or recreational facility for violation of a 7 216 rule; to provide a procedure for establishing permits for activities within designated areas; and to set methods for the administration of parks and recreational facilities. D. Bargaining Unit Employees Employees represented by a labor union shall follow the provisions of the current labor agreement negotiated between the County and respective union. Employees desiring a copy of the current labor agreement shall contact their shop steward. Please note: Language in this document shall not supersede any agreement documented in the agreement between Indian River County and Teamsters Local Union NO. 769 or the Administrative Policy Manual of Indian River County. 217 VII. Professional Standards Professional standards within the Department's General SOP are established based on the nature of the work to be performed. These standards outline and guide the day-to-day duties and procedures carried out by staff. Any deviations from these standards are addressed within each Division's SOP. For the purposes of this document, "Manual" refers to the Parks, Recreation, and Conservation Department's General and Division SOP manuals. A. Onboarding "Onboarding" is the process by which an organization familiarizes and/or trains a new employee to the work environment. County employees are onboarded initially through our Human Resources Department, then generally by the Parks, Recreation and Conservation Department, and finally by their respective Division. Within the first thirty (30) days of employment, employees are required to familiarize themselves with the policies outlined in this Manual, as well as the County's Administrative Policy Manual, Finance Policy, Purchasing Policy, and other BCC approved operations documents provided during onboarding. The onboarding process is the first step in ensuring employee success in the position for which they were hired. Human Resources The Human Resources (HR) Department begins the onboarding process as part of the hiring. HR provides basic information, such as salary, benefits, and an introduction to the County's APM. New employees are provided with a dashboard for the onboarding assignments which is sent to the new hire's personal email used during the application process. Acknowledgements will be included in this APM. New employees should contact HR with any questions regarding the information provided. Required training videos are also assigned during this process. Department The Parks, Recreation and Conservation SOP Manual is designed to familiarize employees with the departmental functions within the County and provide a general overview of the policies and procedures developed by the Department. New employees will gain an understanding of acceptable behavior, procedures, and policies which are utilized throughout the Department as well as a general understanding of how the Department as a whole operates. Division Each Division in the Department operates within the procedures outlined in the General SOP section of the manual. In addition to the General SOP, each Division within the Department has developed a Division -specific SOP to outline their required procedures and E 218 operations. Employees within each Division will find specific information within the Division's SOP which outlines their daily work procedures, including items such as timekeeping, uniforms/dress code, guest services, cash handling, level of service expectations, and emergency procedures within the Division's SOP. B. Uniforms & Dress Code The personal appearance of County employees reflects how the public views the professionalism of the County. All County employees are expected to dress and be groomed, keeping with the accepted standards set forth by their job responsibilities, including safety provisions as necessary. It is important that all employees dress accordingly and follow the guidelines established by their Division. Some staff members will be required to wear uniforms provided by the County, unless otherwise directed by their supervisor. In all cases, staff will wear the required Personal Protective Equipment (PPE) based on work tasks. (APM 802.1) C. Professional Conduct and Acceptable Use of Technology Employees are always expected to conduct themselves in a positive manner to promote the best interests of the County. Conduct that interferes with operations, discredits the County, or is offensive to fellow employees, business associates or the public is not acceptable. The Parks, Recreation and Conservation Department always expects professional conduct and has adopted a "say something" policy if deviations from professional conduct are observed. Full policy details are found in the APM 1200. Communication Workplace communication is the exchange of information between employees in a work environment. Effective communication is a fundamental requirement to achieve organizational goals. This section describes the workplace communication standards for employees in the Parks, Recreation and Conservation Department. Interaction with all other staff: County Policy states that "Indian River County is committed to providing a workplace that is non-discriminatory and affords equal treatment to all. The County believes that discrimination, harassment, and/or retaliation in any form constitute misconduct that undermines the integrity of the employment relationship. Therefore, the County prohibits discrimination and/or harassment that is sexual, racial, or religious in nature or is related to anyone's gender, national origin, age, disability, or any other basis protected by federal, state, or local law. This policy applies to all County employees and to all individuals who may have contact with any County employee." Employees shall not engage in conduct which violates this policy at any time. County employees are to 10 219 demonstrate a considerate, friendly, and constructive attitude toward co-workers and the public. Work assignments: It is the policy of the County that the work of all employees shall be assigned, directed, and reviewed by supervisory personnel. Each employee will ordinarily have only one supervisor to whom he/she is responsible. Based on an employee's job description, there is a standard for the flow of communication directed at the completion of work assignments. This communication structure begins with County Administration, through the Department Head, and then moves through each subsequent level of supervision. Scheduled work will be communicated to employees based on prioritization established by the supervisor. It is the responsibility of each employee to communicate with their supervisor the status of work assigned on a daily basis, or on a schedule that has been approved by the supervisor. Interaction with the public It is the policy of the County to be service oriented with an expectation that employees will always treat guests and the public in a courteous and respectful manner. Employees must understand that the guests come first. Public service is a customer service business. All employees have an obligation to represent the County in a respectful fashion and to foster a positive relationship with residents and visitors. All persons should feel as comfortable as possible in their interactions with the organization. In conjunction with the Americans with Disabilities Act, the County will not exclude any individual from any of its programs, activities, or services unless the inclusion results in a fundamental alteration of the program, activity, or service, or if the inclusion results in an "undue financial or administrative burden." (APM 201.4.) Staff are directed to contact their supervisor immediately if an encounter with the public necessitates additional accommodation. Do not delay or deny a request for accommodation without supervisory approval. Inter -Departmental Communication Information and/or requests for assistance from other County Departments should be routed through supervisory staff. Supervisors will determine if the nature of the request requires approval of the Department Director. Requests from members of the County Commission should be acknowledged and notice should be provided to your supervisor for documentation, further instructions, and follow-up. Communication or requests for assistance from other departments should follow established procedures including, but not limited to, utilizing the IT Help Desk, Facilities Management Work Orders, and Purchasing Work Orders. Staff should work with their supervisor before initiating assistance from another department to ensure proper processes are followed. 11 220 Project Partners: Several County -owned properties are managed by agencies including the St. John's River Water Management District, the Florida Department of Environmental Regulation, and the U.S. Fish and Wildlife Service. Two conservation areas, the Indian River Lagoon Greenway and the Oyster Bar Conservation Area, have agreements in place designating various responsibilities that are coordinated with the Indian River Land Trust. All communication with project partners must be coordinated through supervisory staff, and may require approval from the Parks, Recreation and Conservation Director. Contractors: Maintenance of some facilities, parks, or conservation areas require assistance from contractors retained by the County. Communication with contractors must be coordinated through supervisory staff, and may require approval from the Parks, Recreation and Conservation Director. At all times communication with contractors should be professional and courteous. Service calls must be pre -approved, and receipts or proof of service must be retained for prompt payment. Email and Electronic Communication The content of all email and electronic communications must follow accepted standards for County employees and is subject to public records requests. Guidelines for email on electronic communications include the following: 1. Auto -forwarding electronic messages outside the County internal systems is prohibited. 2. Electronic communications shall not misrepresent the originator or the County. 3. Personnel are responsible for the accounts assigned to them and for the actions taken with their accounts. 4. Accounts must not be shared without prior authorization from the Information Technology Department, with the exception of calendars and related calendaring functions. 5. Personnel shall not use personal email accounts to send or receive County information. 6. Personnel shall send confidential information using only County approved, secure electronic messaging solutions. 7. Personnel must exercise caution when responding to, clicking on links within, or opening attachments included in electronic communications. Be certain before you click, follow appropriate IT protocol. 8. Personnel should use discretion in disclosing confidential or internal information in Out of Office or other automated responses, such as employment data, internal telephone numbers, location information or other sensitive data. 9. County -related IT trainings are required to be completed to maintain access to County Systems. 10. Personnel email signatures shall be limited to only the following items: 12 221 • Name • Professional Designations or Certifications • Job Title • Department • County Work Location Address • Office Phone Number • Mobile Phone Number • County issued email address. • County approved logos • County approved public records declaration or statement. Acceptable Use of Personal and County Technology The purpose of the Indian River County Acceptable Use Policy is to establish acceptable practices regarding the use of Indian River County information technology resources in order to protect the confidentiality, integrity, and availability of information created, collected, and maintained. 1. Personnel shall not download, install, or run applications or utilities that reveal or exploit weakness in the security of a County information technology resource. Personnel are expected to respect and comply with all legal protections provided by patents, copyrights, trademarks, and intellectual property rights for any software and/or materials viewed, used, or obtained using County information technology resources. 2. Personnel must not share their identity and access management information, including: • Account passwords. • Personal Identification Numbers (PINs). • Security Tokens (i.e. Smartcard). • Multi -factor authentication information. • Access cards and/or keys. • Digital certificates, and • Similar information or devices used for identification and authentication purposes. 3. Lost or stolen access cards, security tokens, and/or keys must be reported to a supervisor and the Information Technology Department as soon as possible. 13 222 4. Personnel shall log off from applications or network services when they are not attended to or being used. At a minimum, personnel shall log off at the end of each business day. Workstations shall be left in a powered -on state so that administrative tasks may be performed overnight on the workstation. Laptops shall not be left unattended when in use away from the office. Laptops shall remain in possession of the person issued to or stored in a secure location when not in use. 5. County issued cell phones are provided to staff with job functions that require them to be out in the field, required to be accessible outside of normal business hours, and/or are responsible for critical infrastructure. Staff who are provided a County issued cell phone shall follow the following guidelines: • County issued phones should only be used to conduct County business matters. • Do not delete or reset a county issued phone unless it's backed up or approved by a supervisor. • Non -county staff are not permitted to use County -issued cell phones for any purpose except in the event of an emergency. • County -issued cell phones are required to be kept in good condition with protective measures taken (i.e. screen protectors, impact resistant cases, etc.) to protect the integrity of the phone. • Lost, stolen or broken devices should be reported to a supervisor immediately. • Staff are not to use county issued devices for playing games or non -county related use of the internet. It is prohibited to use a county issued cell phone while driving except use of a hands-free system if available. • Use of the cell phone camera for non -county related business is prohibited. • County issued cell phones shall have a security access code and iPhones shall have "Find my iPhone" turned on upon activation and left on at all times. Information on a County -issued cell phone is subject to Public Records requests. 6. Electronic mail (e-mail) and interoffice chat messages made or received by County employees in connection with the transaction of official business are public records. Personnel shall not use personal email accounts to send or receive County information. Any personal use of County provided email shall not: • Involve solicitation. 14 223 • Be associated with any religious or political cause or entity. • Have the potential to harm the reputation of the County. • Forward chain emails. • Contain or promote threatening or unethical behavior. • Violate local, state, federal, or international laws or regulations. • Result in unauthorized disclosure of County information and, • Otherwise violate any other County policies. 7. The Internet must not be used to communicate County confidential or internal information, unless the confidentiality and integrity of the information is ensured, and the identity of the recipient(s) is established. Only County approved electronic distribution methods may be used for this purpose. Use of the Internet with County networking or computing resources must only be used for business-related activities. Unapproved activities include, but are not limited to: • Recreational games. • Streaming media. • Personal social media. • Accessing or distributing pornographic or sexually oriented materials. • Attempting or making unauthorized entry to any network or computer accessible from the Internet; and • Any activity that would violate any other County policy. 8. The County does not allow personally owned mobile devices to connect to the County enterprise internal network. All County -issued mobile devices must maintain up-to-date versions of all software and applications. Texting or emailing while driving is not permitted while working or using County vehicles (including personal devices and County -issued devices). Only hands-free talking while driving is permitted when using County resources. 9. All removable media (i.e. thumb drives, external hard drives) usage must be approved by the County Information Technology Department prior to use. Personnel are not permitted to connect removable media from an unknown origin without prior approval from the County Information Technology Department. 10.All new personnel must complete an approved cybersecurity awareness training prior to, or within 10 business days of, being granted access to any County Information technology resources. All personnel must be provided with and acknowledge they have received and agree to adhere to the County Information 15 224 Security Policies before they are granted access to County Information technology resources. Social Media Employees are generally encouraged to refrain from commenting or discussing County or County related matters on their personal social media accounts, so the following guidelines are for those whose job duties include use of social media. All County related communications using social media shall be made in compliance with all applicable County policies. Creating any public social media account intended to represent the County, including accounts that could reasonably be assumed to be an official County account, requires the approval of the Department Director or if warranted, the County Administrator. 1. When discussing the County or County related matters, employees must: • Identify yourself by name. • Identify yourself as a county representative; and • Make it clear that you are speaking for yourself and not on behalf of the County unless you have been explicitly approved to do so. Example disclaimer: "The opinions and content are my own and do not necessarily represent County's position or opinion." 2. Personnel shall not misrepresent their role at the County. Content posted online should not violate any applicable laws (i.e. copyright, fair use, financial disclosure, or privacy laws). 3. The purpose of these sites is to distribute information to the public. Staff will not reply to comments posted by site visitors unless the County Administrator approves a compelling reason for two-way communication. Staff may answer questions asked in post comments by using the private messaging feature of the social media site. 4. As with all communications, all public records requirements and laws apply to these sites. As the County does not own or operate these sites, information posted or received must be maintained in electronic format by the County Information Technology Department and shall be available to print upon public records request, for the applicable retention period, in order to fulfill public information requests should the site go down or be abolished. Voicemail Personnel should use discretion in disclosing confidential or internal information in voicemail greetings, such as employment data, internal telephone numbers, location 16 225 information or other sensitive data. Voicemail greetings should, at a minimum, state your name, position with the County, and a brief message describing how you intend to return calls (i.e., timing, supervisory input as needed, contact name and number if call is regarding something requiring immediate attention). D. Attendance and Timekeeping It is the policy of the County to establish working hours required by workload and production flow, citizen service needs, and the efficient management of personnel. Work schedules are created and established by your direct supervisor. All staff are expected to be committed and attentive to their work duties and to begin work at their respective worksites on time. Employees of the County are expected to report for work in appropriate attire, and in a state of readiness to work when scheduled to work or when required to work overtime by the supervisor. Supervisors are responsible for scheduling staffing so that delivery of services is maintained. Employees should notify their supervisor in advance whenever they are unable to report to work, know they will be late, or must leave early. At a minimum, notification must be made prior to the start of the employees' shift for unplanned absences. Employees are required to notify the supervisor with the reason for the absence and provide an expected return to work date so that attendance records are maintained correctly, and staffing arrangements may be made. The normal workweek is Friday through Thursday, beginning at 12:01 AM on Friday and ending at 12:00 Midnight on Thursday, and consists of either forty (40) hours or thirty-seven and one-half (37.5) hours. The normal workday shall consist of either eight (8) or seven and one-half (7 1/2) consecutive hours of work with an unpaid meal period. A part-time employee is designated as one who works less than the normal hours for the unit in which they are employed. Clock in/out policy: Employees are to report to their designated work location, which is established by their supervisor. Non-exempt employees must clock in to work at either an assigned computer workstation, time clock using a County issued proximity badge, using a mobile application (Kronos), or other method established by the County and supervisor. Lunch for all County employees shall be established as either a sixty (60) minute or thirty (30) minute period during which the employee performs no duties related to the job function. Breaks shall be established as a short period of rest scheduled by each supervisor, near the midpoint of the first and last half of the employee's workday. 17 226 Overtime: Non-exempt employees may be required to work overtime whenever approved by the Division Head. Overtime shall be assigned by a supervisor in the particular job for which overtime is required. No employee shall be permitted to work overtime without the prior approval of their Supervisor, Division Manager or Department Head. E. Guest Services Every person that enters County facilities should be treated as a valued guest. As a member of the Parks, Recreation and Conservation Team, you are responsible for ensuring that each individual feels welcomed and important. To support this, the following operating principles should be exhibited: • Residents do not interrupt our work; they are the purpose of our work. • Residents and guests are vital to our business. • Residents are not dependent on us; we are dependent on them. • Residents have feelings and emotions just like us. • Residents are people who bring us their wants, desires, and leisure needs. It is our purpose to fulfill those needs. • Support your T.E.A.M. (Together Everyone Achieves More). Things to remember: • Smile — it goes a long way! • Treat guests and staff the way you want to be treated. • Use words that highlight the positive. • Speak clearly and politely. • Answer the phone on the first or second ring with a pleasant and courteous tone. • Reply promptly to emails and requests for information. • Go out of your way to help find information during a request for information. • Educate our participants and explain the reason "why". • Handle questions and concerns both quickly and courteously. • Recognize and solve problems before they become critical. • If you do not know the answer to a question/concern, express a helpful attitude. "Let me find out for you!" and contact the appropriate person to find the answer and respond appropriately. • Take time to LISTEN. • Residents needing further help that you can offer should be directed to a supervisor. • Always acknowledge everyone that enters the building/facility/park with a smile and greeting. • Keep your workstation, vehicles, and working areas clean and tidy. • Always be accountable for your actions and activities. • Have a ready to serve body posture and attitude; stand when guests enter the reception area with readiness to serve. M 227 Things to avoid: • Making promises that cannot be kept or:met. • Pointing the blame or giving inappropriate information. • Embarrassing yourself, the County, or other staff members. • Horseplay and foul language. • Arguing or negativity. • Laziness and apathy. • Inappropriate language or conduct with guests and other staff members. Guest Management Whenever practical or appropriate, employees will professionally and politely educate the public on Parks and Recreation rules and regulations when employees observe violations or unsafe conduct. Employees do not have the power to arrest or issue a summons for violations. You may request that a violator cease the behavior and may request that the violator depart from a Parks, Recreation and Conservation facility when appropriate. If the guest does not cease the unlawful or unpermitted behavior/action and/or refuses to leave a facility, employees should notify the law enforcement agency with jurisdiction over the park or recreation facility for assistance with compliance. When encountering disruptive behavior, the following strategies shall be employed by Staff: 1. Calmly approach the guest while observing personal distances while maintaining a non -confrontational demeanor. 2. Greet the guest, introduce yourself, state your affiliation with the county and advise of regulations in a calm tone of voice without making accusations. If the guest is loud, use a quieter and calmer tone. 3. Inform the guest of safety reasons for the County regulations and ask that the guest stop the behavior. Provide an alternative when possible. 4. If needed and when possible, assist patrons with their needs in order to gain compliance through a customer service approach. 5. If unleashed dogs are involved, make no sudden moves or use a loud voice as this may cause the dog to react with unwanted behavior. 6. Once compliance to regulations is gained, thank the patron for his or her cooperation and understanding. 7. If the disruptive behavior continues, then law enforcement having authority should be called to handle and resolve the behavior. Staff should be mindful and observe guest behaviors to determine safety risks for other guests and/or staff. Should the 19 228 situation warrant, staff should notify law enforcement personnel immediately, without attempting to approach the disruptive guest. 8. Staff will document all incidents involving criminal activity or disruptive behavior and forward a completed incident report to the Risk Manager after review and approval by the immediate supervisor and Division Manager. A copy of the incident report will always be provided to the Department Head. F. Training It is the policy of the County to provide orientation programs for new employees and to conduct/support training programs as deemed appropriate. Department management may approve employee participation in continuing education and/or training programs when such instruction is deemed beneficial or considered necessary for satisfactory job performance. In some cases, employees may be required to enroll in and complete such programs satisfactorily. Every training unit must be approved in writing, in advance, by the employees' Department Head through the appropriate forms provided by the Budget Office. The County will only reimburse job related training that has received departmental approval. Travel associated with any training is subject to review and approval by designated staff. All travel must be pre -approved and must conform to the County's Travel Policy. Travel forms are required in advance of trip planning and must be approved by the Department Head and Budget Office. G. Travel County employees may be required to travel when conducting County business. The benefits of this travel fall in the areas of training, maintaining knowledge base on existing or new government regulations, exchanging ideas, attending meetings, or accomplishing a certain task and/or solving a particular problem on behalf of the County. County authorized travel shall be completed in accordance with the policies and procedures outlined in the Administrative Policy Manual (AM 401.1). All travel must be pre -approved. A copy of the program or agenda outlining the fees, meals, and lodging shall be attached to a travel advance form. No reimbursement is given for personal expenses incurred while on travel. Any out-of-state travel requires additional approval from the County Administrator. Advances for travel expenses should be requested at least one month prior to the expected departure. Travel advances shall be limited to the costs of registration fees, hotel 20 229 reservations or any other pre -paid approved expense. Any unused advances must be repaid within thirty (30)days. Travel will be closed via a travel voucher form, to be submitted for approval within four (4) days of the completion of the travel. A County vehicle should be used, if available, for travel if usage time is not prohibitive. Employees using County vehicles must have completed the defensive driving course offered through Risk Management within 90 days of hire. H. Performance Expectations Appraisals The County evaluates the job performance of all employees periodically. These appraisals are completed by the employee's supervisor. Performance appraisal will occur on the following occasions: • At the end of six months of employment (employment probation period) or promotion. • Six months after a promotion • Prior to the annual pay progression (Annual Review) • At times where management deems appropriate, such as at the time of termination or transfer to a new department. Disciplinary Procedure The Administrative Policy Manual (AM 807) includes a complete description of all policies and procedures related to the Disciplinary Procedure. Staff are encouraged to review this policy in detail. Unacceptable performance is classified into groups, depending upon severity and disciplinary action recommended for each. Documentation of corrective actions, written warnings, formal warnings, and termination determinations shall be recorded in the employees' personnel file. Any non -bargaining unit employee who has been disciplined has access to an appeals process as outlined in the Administrative Policy Manual. Bargaining unit employees should follow the appeals process outlined in their respective collective bargaining agreement. Grievance Procedure A grievance may be defined as an employee's expressed feeling of dissatisfaction concerning conditions of employment or treatment by management, supervisors, or other employees. Employees are encouraged to bring to the attention of management their concerns about work-related situations. Employees will be provided with an opportunity to present their concerns and appeal decisions by management through a formal complaint 21 230 and grievance procedure. It is the policy of the County to resolve all complaints or grievances in a prompt and fair manner. A detailed description of the grievance procedure is presented in the Administrative Policy Manual (AM 904.1). I. Technology Office of Information Technology (IT) Service Desk • The IT Help Desk provides technological support for issues including hardware, software, networking, accounts, and printing. • Please use the Help Desk ticket service if you need assistance or have any problems and need IT assistance. The Help Desk icon is located on the user's desktop as a short cut. • Users without computer access to enter a ticket or request, may call 772-226-4356. Computer Account • Certain employees are provided with a County email address with a username and password to log into the County network. • Applications (i.e., Kronos) may use the Single Sign On Portal (located under Organizational Bookmarks) while connected to the County network. • When a user logs onto any computer on the network, they are automatically connected to their specific network resources, along with the resources of the local machine. Password Your password must meet County requirements: • Minimum of 11 characters (letters and numbers) • Case change (upper- and lowercase) • No part of your name may be used in the password. • Symbols are permitted. Changing your Password • Network passwords expire every 90 days. • Notifications are sent when you login to update your password when the expiration of your password is approaching. Resetting a Forgotten Password To reset an expired password, you must call the County Help Desk at 772-226-4356. 22 231 Share Drive • The County Share Drive is personal network -based storage for work-related files and folders. • This storage location is available to you anywhere you login to the County's network. • The contents of your Share Drive may only be accessible by you or by County staff depending on the settings. • All data stored on the Share Drive is backed up. • If you need additional access to the Share Drive, please contact the County IT Helpdesk. Remote Access • Certain employees may have access to the County network (including the H: and I: drive) through the Virtual Private Network (VPN). • Information regarding VPN access is provided to users at the time of approval. Kronos • Kronos is the timekeeping software used by the County. • All County employees have a Kronos account that can be used to submit hours worked, request leave, and track leave accruals. Supervisors will approve requests for leave and timesheets. • You can access the Kronos system online through the single sign on portal by using your work email and password. Employee Self Service (ESS) • The ESS system is used by County employees to access their benefits and personnel information. • The system can also be used to access your pay information, check leave accruals/balances, as well as change your benefits and payroll information. • Access the ESS system online at https://selfservice.ircgov.com/ess/default.aspx using your work or personal email and password. J. Smoke Free Workplace Employees who choose to smoke may do so during designated breaks only in designated smoking areas outside of County buildings or at least twenty-five (25) feet away from County worksites, building entrances, and storage areas of flammable substances. If employees are provided breaks, employees who choose to smoke will be provided the same breaks and will not be provided additional breaks. Smoking is strictly prohibited in County owned or leased buildings, including offices, hallways, waiting rooms, restrooms, lunchrooms, elevators, and meeting rooms, as well as county vehicles, all county parks 23 232 and other areas prohibited by section 386.203, Florida Statutes, and in County vehicles (leased or owned). Smoking includes the use of e-cigarettes. Please note that per County Code 205, smoking at any public beaches and county owned public parks is prohibited. This does not apply to the smoking of unfiltered cigars. 24 233 VIII. Operating Standards A. Buildings and grounds All buildings and grounds managed through the Parks, Recreation and Conservation Department shall be kept clean and safe for visitors and guests. Specific levels of service standards are outlined in the Division's SOPs. Generally, all facilities shall be: • Kept clean of litter, debris, and graffiti. • Trash canisters shall be emptied daily to every extent possible. • Trash collection areas shall be cleaned and all canisters in operational condition. • Staff shall make every effort to pick up litter and debris. • Staff shall report any damages or safety concerns to their supervisors or through an established work ticket system. • Facilities and parks shall be opened on time and staff shall be ready to serve the public. • Water bodies and stormwater systems shall be maintained at all times. • Lights shall be inspected and repaired as soon as possible. • Workstations shall be kept clean and tidy. • Restrooms shall be serviced at least once per day and shall always be kept in a condition that is pleasant and safe for use (including staff restrooms). • Landscape areas shall be maintained free of weeds through best management practices. • Exotic species will be treated in every PRC area through best management practices. • Fire ants and other biting/stinging insects will be controlled to every extent possible through best management practices. • Gates, fences, and other boundary protection measures shall be inspected and repaired as needed to ensure aesthetical and functional purposes. • Interior areas of facilities shall be kept clean and maintained to ensure positive guest experiences as well as to protect the resources of the County. • Parking areas shall be inspected daily and kept free of garbage and debris. • Beach and natural areas shall be maintained for safe use and enjoyment of the public. • Proper signage and directional information shall be established and maintained. • Rules and etiquette shall be prominently displayed and conveyed to the public. • PRC information regarding upcoming events, classes, and programs shall be shared and displayed to the public. • Facilities will always be prepared and ready for public use and enjoyment unless otherwise posted for repairs or necessary closures. 25 234 B. Risk Management The Risk Management Division's function is to manage and control the County's modified self-insured property, casualty and worker's compensation programs. The Risk Manager, with the assistance of the Workers' Compensation Coordinator, develops and manages a comprehensive safety and loss control program for employees of the Board of County Commissioners and five constitutional officers. Risk Management staff coordinate the following: • CDL Drug Testing • Automobile Accidents (County owned vehicle & personal being used for county Business • Defensive Driving Classes • Incident/Injury Reports • Loss Control • Property Damage • Safety Awards • Worker's Compensation claims General Safety These guidelines apply to all County staff, and require strict adherence: 1. Employees are required to exercise due care in the course of their work to prevent injuries, vehicular accidents, and property damage. Employees should report all unsafe conditions to his/her supervisor, keep work areas clean and orderly at all times, operate only equipment that he/she is trained and authorized to operate, obey all safety rules and follow work instruction, and wear the prescribed work uniform and appropriate personal protective equipment. 2. Indian River County does not condone workplace violence, or the threat of violence, by any of its employees, customers, the general public, and/or anyone who conducts business with the County. It is the intent of the County to provide an environment free from violence, threats of violence, harassment, intimidation, and other disruptive behavior. 3. Possession, use, or threat of use of a deadly weapon, including a firearm, ammunition, explosive device, illegal knife, bow and arrow, or other weapon, is not permitted while on duty, on County property, or in a county vehicle, except as specifically authorized by the County or as provided by law. Any employee who acts 26 235 in good faith by reporting real or implied threats or violent behavior will not be subject to any form of retaliation or harassment. 4. It is the policy of the County to maintain a workplace that is free from the effects of drug and alcohol use. This policy shall be interpreted, construed and implemented to be consistent with the requirements of the Federal Drug -Free Workplace Act. Employees who need to use prescribed drugs or narcotics while at work, which may impair their ability to perform their job safely and effectively, must report this requirement to their supervisor. Depending on the circumstances, employees may be reassigned, forbidden to perform certain tasks, or even not allowed to work if they are judged not able to perform their jobs safely and properly while taking prescribed drugs or narcotics. Incidents/Accidents An incident/accident is any event that results in or has the potential to result in an injury to County personnel or damage to County property. Public liability is an incident/accident for which the County may be responsible due to a condition created by the County or by the action of a county employee. When an incident/accident involving County employees, property, or public liability does occur, the employee is required to report the event to their supervisor, the Division Manager or the Department Director immediately. The employee is responsible for collecting all required documentation, at the time of occurrence including, but not limited to: • Photographs of damaged property, including photographs of the surrounding areas and any view providing information about the incident • Copies of any police report(s) • Any site-specific safety information requested by Risk Management staff. In the event of a "serious" accident involving substantial property damage, a county vehicle, serious employee injury, or public liability, the supervisor is responsible for notifying the Department Head and Division Manager immediately following the accident, twenty-four hours a day. The Department Head or Division Manager will notify the Risk Manager, the Human Resources Director and County Administrator as needed. If professional medical treatment is required, a supervisor or co-worker will accompany the injured person to a medical facility as indicated in the First Report of Injury documentation. Staff onsite should immediately secure the area, equipment, and personnel from further injury or damage. Copies of the following forms are available in Appendix C-3: • Auto Accident Reports 27 236 • First Report of Injury • General -Liability -Incident • Medical Treatment • Medical Treatment (MD Now) • Property Damage • Reasonable Suspicion • Safety Awards Indian River County promotes a safe work -place environment and offers an incentive award each fiscal year to employees who have not had a reportable accident, including auto accidents and workers compensation injuries during a period of one year. An eligible employee can request an incentive award every year within thirty days post his/her employment anniversary date. C. Purchase of Goods and Services In order to purchase services, supplies, materials and equipment, the Parks, Recreation and Conservation Department maintains accounts with specific vendors through the Purchasing Division. No purchases may be made without the approval of the Parks, Recreation and Conservation Director through the appropriate and approved purchasing process. Items ordered online or items delivered by approved vendors must provide a packing slip including all items received by the County. If there is a discrepancy between the packing slip and what has been delivered, employees are to immediately contact their supervisor to resolve the conflict. All packing slips must be signed by the employee who has received and verified the contents of the package. The employee shall sign, print their name, and write the date of receipt on the packing slip. Copies of packing slips and itemized receipts must be kept in good order and submitted to designated staff (either Administrative Assistant or supervisory staff) on the day received. An exception will be made for receipts accompanying any out-of-town travel. Appendix 1 (Parks Purchase Form) contains the form to be filled out when receiving any deliveries or purchases. The form must be filled out in its entirety and attached to accompanying packing slip(s) and/or receipt(s). D. Volunteer Coordination The use of volunteers working in conjunction with County employees enhances the productivity and efficiency of services delivered to the community. Consistent with public communication, all employees have an obligation to represent the County in a positive W 237 fashion and to make the volunteers feel welcome and comfortable in their interactions with the organization. Staff will assist, as needed, with the mobilization/demobilization of volunteer organized events, greeting and providing volunteers with any needed equipment, answering questions about the event (or referring the participant to staff tasked with this coordination), and assisting the public during events. When personal protection equipment (PPE) is required for the volunteers, the volunteer must be properly equipped and trained in the use of the equipment prior to engaging in such work. Please note that volunteers are prohibited from operating a county vehicle or heavy equipment, as well as working with chemicals such as fertilizers and herbicides unless otherwise approved by the Department Director or Risk Management. The appropriate staff member within the department is required to monitor and supervise the work performed by the volunteer. All hours worked by volunteers must be recorded on a Volunteer Timesheet by the end of each month. Please refer to the APM for more information. E. Vehicles and Equipment 1. Only approved County employees are authorized to operate County -owned vehicles. County -owned vehicles are to be used only for official County business. Professional associates and private citizens will not be transported in County vehicles unless such persons are being transported on official business, law enforcement or emergency services matters, or as approved by the Department Director. Persons transported as such should have the same destination as the County employee and such use should not require other County employees with the same destination to drive additional vehicles. Family members may not be transported in a County vehicle. 2. The County's Risklnsurance fund provides coverage for a county employee who, at the request of his supervisor, uses his or her personal vehicle to transport other County employees on County business or to perform duties within the scope and course of employment. However, the County's coverage is secondary to the coverage afforded by any insurance maintained by the employee on that vehicle. I All vehicles are to be operated in accordance with County Policy AM 1000.7 Vehicle Guidelines. 4. To operate a county vehicle an employee must attend Risk Management's defensive driving class within 90 of employment and retake the class every three years. 29 238 IX. Emergency Preparedness A. Storm Preparation The following guidelines are to be used when preparing for storm events. Staff Coordination: Before every extreme weather event, the supervisor will coordinate staffing plans and response. • Discuss responsibilities and contingency plans. • Anticipate potential closures, damages, and recovery schedules. • Ensure equipment and personnel availability. • Assign tasks to complete each Division's storm preparation checklist. Staff shall contact their supervisor to obtain a current copy of the checklist prior to undertaking any action. Fuel: All staff should ensure all fuel tanks (generators, vehicles, equipment, on-site fuel storage, etc.) are filled every Friday during hurricane season and again before a projected storm event. Office Staff: Below are steps you should take before leaving work to ensure that our electronic devices are safe during a projected storm event. • Shut down assigned computer and turn off monitors & electrical devices. Turn off any peripherals, such as printers and external drives. • Unplug all devices from the wall. The County may lose power during a storm and surges may occur when the power is restored. This will help ensure the devices will be protected. • Unplug the network cable connecting the computer, as well as the printers (networked printers only). Lightning can send voltage through these lines, possibly damaging your network cards. • If located near a window, you may want to cover your computer with a garbage/plastic bag. • Turn off and unplug the uninterrupted power supply (UPS). • If the computer is on the floor, remove it from the floor and place it on a chair, desk, etc. Conservation areas, parks and facilities will remain closed until considered safe and management provides reopening schedules. Ensure that all closures are posted on Social Media page and website. KIil 239 B. Declared Emergency As a condition of employment with Indian River County, employees are considered essential to the successful operations of County facilities and services during a declared emergency. Employees must be available and able to report to work and perform assigned duties as directed by management during a declared emergency. Failure to report to work and/or perform assigned duties as directed by management during a declared emergency will be cause for immediate termination of employment with Indian River County. Daily Activity Reports are to be completed for individuals and crews for work related to a declared emergency and turned in daily to the supervisor. These reports are to be completed both by the individual and the crew performing the work and contain the following information: • Name and title of employee(s) work • Hours worked. • Description of work performed. • Vehicles and equipment used, including mileage or hours. • Material/service descriptions to include the amount and cost. 31 240 X. Manual Updates As the population of Indian River County continues to grow, and as technologies and infrastructure needs evolve, the manner by which the County operates will need to be adaptable. The goals and objectives of the Parks, Recreation and Conservation Department will continue to maintain the high standards and expectations enjoyed by residents and visitors to our County. The Parks, Recreation and Conservation Department will strive to continue our level of service to the community by completing an annual review of this SOP to assess the need for modifications, updates, and additions to this document. 32 241 Indian River County Board of County Commissioners April 23, 2024 PARKS, RECREATION & CONSERVATION DEPARTMENT Fee Schedule & Standard Operating Procedures Update 4i Aquatics Beach Operations Conservation Lands Donald MacDonald Campground Indian River County Fairgrounds Intergenerational Recreation Center Parks Maintenance Division Public Shooting Range Recreation Division UF/IFAS 2023 Parks, Recreation & Conservation Indian River County, FL 3,852 Acres Managed Master Plan Needs Assessment Survey 154 Employees Findings Report 36 Parks 35 Miles of Trails 28 Conservation Areas ' 14 Ballfields 2 Aquatic Centers 1 Public Shooting Range 1 Recreation Center Parks, Recreation & Conservation 8,700 Program Guides Printed & Distributed 58,903 Civic Rec Accounts Parks & Recreation Master Plan Initiated 45 Positions Filled YTD FY23/24 154 Budgeted Positions Ell" XX Total Revenue XX Transactions Processeu 336 Rescues/Medicats 21,523 Preventative Measures staff, Beach Operations Sup€ tvisot Ft ill tip. 1 Fult-time Life?uard Il:.. 4 6 Fult-time Life mnrd i 4k, AnnUat Operating Budget -$692,. 6ty. � 1 . ....... . .... I 39 acres wi i i three primary facilities: The AG Pavilion - 28,875 sq feet. The Expo Pavilion - 20,000 sq feet. The Fleetwood Expo Center - 20,000 sq feet 24 full hookup RV sites Y 22/23 FY 23/24 YTD 3/31/24 =2 Events 27 Events 37,300 Attendees 129,835 Attendees .,%evenue: $108,901 Revenue: $83,662' ()Ofted to dAte fxm FY 2312-1 FY 22/23 $101,780 Revenue FY 23/24 YTD 3/31124 4,990 Reservations $72,310 Revenue ..r.w...+.•..+r..� xw...v..r..-��xa..��rwwv�a.•..huw��..v.»w.. r......-� v...............w... . n«r..... -�. .......v.... .i:-...........� ........ ... .... . ...... 22123 7,602 Re istwed Guers 14,386 1pTransactions{ 132 FY23f24 YTO as of 3t31t24 4,465 Registered Guests 9,070 ` ransecdons 0 Reservations 2,208Open ire HouTs/Year Budgeted ReV., 5 Fuh-Ums13Part-time M&N, ����P �a Handgun 101, kchwy too eagun Sporas, east Shoot, Ramfare Chi app, Thursday Mght UgMs 2ji -Y I I , � malliterlance Division 3 Beach Parks 28 Inland Parks '14 BaLtfietds Maintained 1552 Acres Maintained 36 FY 22/23 Special Event Permits Issued 27 FY23/24 YTD as of 3/31/24 Special Event Permits Issued 169 FY22/23 Pavilion Reservations 402 FY 23/24 YTD as of 3/31/24 Pavilion Reservations Budgeted Staff - 30 Full-time - 2 Part-time Annual Operating Budget $3.8M NNN W_ Over 33,000 Program Participants FY22/23 $236,854* FY22/23 Revenue $138,407* FY23/24 Revenue YTD as of 3/31/24 *Includes Florida Blue Foundation Grant New Programs: Pre-school Tumbling, Senior Wellness, Walking Club, Veterans Yoga, Homeschool PE, Picklebalt Leagues, Summer Sports Camp Budgeted Staff - 9 Full-time - 6 Part-time 4, Qh' Ar-nl --d $1.26M ucationat Materials Pubtished 111 147 ducationat Programs W413 562 tuber of Program Participants 6,611 8,567 fes' °*+9uM!'w+aF .*SFR".4�'++:a^Yea+F++y^.en?ex,✓m.tly{ e... 0 Parks, Recreation & Conservation Standard Operating Procedures Provides for clear instructions & consistency for all PRC employees. Parks, Provides continuity of service. Recreation Outlines expectations for level of service & Conservation standards across Department the Department. • Provides _ customer service . expectations."""} =� Summarizes mi • `" Administrative Manual Policy & 4 Department Policies. Lw�--- SOL— Aoftk wi r dat & corlserv,� 1 troo, /23/24 and 2 %20/24 r ,rC J�$ & e, Gc "ly SM ivic Rec AccOUl'ItS ProposF Oe Update be initiated ALIgUSt 1, 2024, With �)n of F,,att/Y,".-,l,,r Program Guide ........... ...... -.ave m�uvsonovrcm,w-+mmmmeanw+m.uvwu�uman...m.+..s�nas..naww.wamaxr. v.waran ac�vrawwv�uuccsrtvsvr. [[ �.r.J S h o o t i n F( -:e, Uodate Approved 1 2/202,"� D o r, - �d Campground & Fairgrounds Gar npif ig, t-ues zu I Parks "�,servation and Fairgi ounds Fees 2017 lnterg(,Creation Center 2016 Aquatics Fees ri,.102 Recreation Fees have- not be previousty approved by the BCGA" mm Parks, Recreation & Conservation IndianRiver.gov/ParksandRecreation Indian River.gov/Conservation lndianRiver.gov/Aquatics 772-226-1780 12 H. ] 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: April 11, 2024 SUBJECT: Traffic Signal Cabinet Wraps Project It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of April 23, 2024. BACKGROUND: At its regular meeting of November 1, 2022, the Board of County Commissioners (BCC) provided general direction to staff for development of a pilot project to wrap 10 traffic signal cabinets (TSCs) utilizing images that were consistent with Indian River County's "branding" efforts. Due to staff changes and other minor delays, the pilot project took slightly longer than anticipated, but has now been completed. TSC wraps have been installed at the following locations: 12th Street and 431d Avenue, 12th Street and Indian River Boulevard (IRB), 26th Street and 66th Avenue, 41st Street and 5th Avenue, 45th Street and 431d Avenue, 53rd Street and IRB, County Road (CR) 510 and 58th Avenue, CR 510 and CR 512, CR 512 and 108th Avenue, and Oslo Road and Old Dixie Highway. The response to the wraps from the public has been overwhelmingly positive, and there is a desire to expand the project to include additional TSCs. Since County -maintained TSCs exist throughout the County, including within the municipalities, County staff reached out to the City of Fellsmere and City of Sebastian to see if they were interested in participating in a potential larger project. Representatives from both cities indicated an interest in participating. In addition, on February 13, 2024, County Staff and Commissioner Earman presented the TSC wraps project to the City of Vero Beach City Council, and the City Council passed a motion to jointly participate in the project. ANALYSIS: County -wide, there are more than 100 TSCs that are potential candidates for wraps. To move forward with additional wraps, staff is seeking guidance from the Board on the following items: 1. Funding source for an expanded wrap project 2. Decision making entity for the selection of the TSC locations and artwork 3. Process for awarding the project to a contractor The pilot project was County -funded at a cost of $500.00 per wrap. Funding options for future wraps could include local sponsorship and/or joint City/County funding. For the selection of TSC locations and artwork, at the November 1, 2022, BCC meeting, the Board expressed an interest in forming a committee to select the TSC locations and the artwork. Alternatively, this responsibility could be handled via appointment to an interested local non-profit. Lastly, with regards to the contractor completing the work, the pilot project was completed by a local contractor, Vero Beach Custom Signs. Since this contractor was responsive, quick to complete the work, and the finished wraps came out very well, the Board could opt to continue to use this contractor, or direct staff to develop an RFP to search for additional contractors. RECOMMENDATION: Staff recommends that the Board of County Commissioners consider expanding the TSC wrap project, and if so, specify the preferred source of funding, the preferred means to select locations and artwork, and the preferred method of contractor selection. ATTACHMENTS: 1. Examples TSC wraps y ry 5L4 4/23/2024 Item 12.H.1 Traffic Signal Cabinet Wrap Project Update Initial Rules" r Established for � � Traffic Signal Box WrapsPVC L0R-tv • Local Photographers • Photographs used must have been taken in IRC • IRC Chamber of Commerce IRC Photographs • Local Scenery or Wildlife • Veterans or Military Branches of US Armed Forces + „ • Local Historical Photos • IRC First Responders • Photos should be relevant to their area of placement 4/23/2024 Item 12.H.1. 2* - 1 4/23/2024 Item 12.H.1 Cost Options for ,11141 TSC ' s . 2 • Cost for wrap of a TSC.... .$500.0047 '_/, • More than 100 boxes plus FDOT Roadway 5„r ,: Boxes • Around 175 boxes available c • IRC Mintains all traffic signals within entireaIRC DIVER • We own all Signals/Equipment other than , ar FDOT but still maintain the signals on �*� State Roads �+ 1 a ' • Other than FDOT we own all �, Signal/Equipment but they are in �� Cities/Municipality/FDOT ROW's Pr LOR19/ 4/23/2024 Item 12.H.1. Cost Options continued * Municipalities can pay the cost for each box within their City Limits * County can split cost with municipalities/cities ' On private property or HOA' s the HOA or landowner can split the cost with the County or HOA/L. 0 4/23/2024 Item 24 - 2 4/23/2024 Item 12.H.1 Committee for Traffic Signal Cabinet Wrap Project \ \:111Willi*at% � 1111111`1�-Al � "Iof r V.��sI. �. :/:// 045 o 911y ra t ` {'_'y ' '\' , ik -4,!;k * 144 1 '40-ft' sf�TF.s ov �' !t NO Indian River -1VER County - County , �' ('oe, TSC ' s likti4 '` . • County Commissioner (Cance ��k/ alternate byDistrict of box location) t 0 It 1:9 • County Staff Member - Planning & Development • County Staff member - Parks & Recreation • County Staff member - Conservation / Natural Resources 1 1� ` • Appointment-at-Large - BOCC Choice , .f:Y ,,!'",--1'24 ,-e, 12.'4.1. �'OROO' 24(0 - 3 4/23/2024 Item 12.H.1 fi` 1 -45 ,.;,rq .. ,, 3 iiii, " a ,'0 r \\ �j t1,rib Al City of Vero Beach • County Commissioner (can alternate) it ''' #'r'' •. • County Staff Member `a6' 1'r • City Council Member (can alternate) ' • City Staff Member :k �' I ; • City-at-Large Appointee - City of Vero Beach choice ^� vS,ER r 4/23/2024 Item 12.H.1. Il0�' r'*jVEl /:;6fpreitT1 ° \ kir..0', __ a , ""."11""Mr ,',"r ' A (r: zN • County Commissioner (can alternate) City Q • County Staff member Sebastian • City Council Member (can alternate) • City Staff Member • City-at-Large Appointee - City of Sebastian choice -. t 4 4/23/2024 Item 12.H.1 City of Fellsmere --- Al • County Commissioner , ^ , • County Staff • City Council Member (can alternate) • City Staff 4 ltt '} • City-at-Large Appointee S ` E f 8 "iWX ry Y1''�2 Town of Indian ` River Shores i.•1J M> T ,x. k • County Commissioner (can alternate) __ • County Staff • City Council Member (can alternate) # () • Town Staff so • Town-at-Large Appointee << ;•ori Item 12.r.1. . OR 5 4/23/2024 Item 12.H.1 1 rti �/ i �°. ;' .... .�-I. l 011.....c.41.,0-,/ ,(�._� . Town of Orchid Lift Stations and Boxes Other Than TSC ' s Not Within HOA' s or Private Fin =ae-RtiYer County Committee or Committee of Jurisdiction . '; 1-10.4,,,- ,,,„1:,„ 4 4 l 4/23/2024 Item 12.H.1. •+s'L0108)F 2-6 4/23/2024 Item 12.H.1 TSC' s, Lift Stations, and Other Boxes Within HOA' s or Private mill Property • County Commissioner • County Staff • HOA Representative or Prop: e::::tive ty• HOA or ��i� Property Owner /41g1:1-Ailfr 04, O • HOA Representative or Property Owner "VV IAItt4 k ,,,, , et ' C vR Rvs,r n P,i G 714. } 4/23/2024 Item 12.H.1. ♦f',o *: i- - 7