HomeMy WebLinkAbout04/23/2024X 0 R1�
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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.
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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.
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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
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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
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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
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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
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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
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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]
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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
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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
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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
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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
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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
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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
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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
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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
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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]
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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 * *
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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
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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
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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
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INFORMATIONAL MAP-NOTA SURVEY '//� 1150 Island Club Manor Vero Beach,FL 329630
Island Manor Development.LLC-Rezoning Request
Future Land Use Map
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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
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section everyday.
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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.
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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
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*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
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Total
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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.
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lcttcr requesting con idci�atity
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�3ri+d'nt1ttgeofapplicant'sbusiness
IAMer of Audtorlmdon brim dvmw if appiicd for by anyone o#W fat
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Sworn Statement an Disclostdvt and Disclostaa
Financial Conflict of Interest'
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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
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Social wourilly numbers (SSNs)are used by the Florida Department of Revenue as unique
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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
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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
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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
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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
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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.
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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
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• 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
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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
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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.
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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
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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
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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.
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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:
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• 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.
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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.
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• 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
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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• 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
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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.
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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.
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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.
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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.
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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
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7,602 Re istwed Guers
14,386 1pTransactions{
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4,465 Registered Guests
9,070 ` ransecdons
0 Reservations
2,208Open ire HouTs/Year
Budgeted ReV., 5 Fuh-Ums13Part-time
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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
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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 _
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• `" Administrative
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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
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Indian River -1VER
County - County , �' ('oe,
TSC ' s
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• 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
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4/23/2024 Item 12.H.1
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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 ^�
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4/23/2024 Item 12.H.1. Il0�'
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• 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
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4/23/2024 Item 12.H.1
City of Fellsmere
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• County Commissioner , ^ ,
• County Staff
• City Council Member (can
alternate)
• City Staff 4 ltt '}
• City-at-Large Appointee
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Town of Indian `
River Shores
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• County Commissioner (can
alternate) __
• County Staff
• City Council Member (can
alternate) # ()
• Town Staff so
• Town-at-Large Appointee
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4/23/2024 Item 12.H.1
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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
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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
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• HOA Representative or
Property Owner "VV
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4/23/2024 Item 12.H.1. ♦f',o *:
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