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09/21/2021 (3)
E3 Eg c\ �LORI�i' El BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 21,2021 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman, Joseph E. Flescher, District 2 Jason E. Brown, County Administrator Vice Chairman, Peter D. O'Bryan, District 4 Dylan Reingold, County Attorney Commissioner Susan Adams, District 1 Jeffrey R Smith, Clerk of the Circuit Court and Comptroller Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 This meeting can be attended virtually via Zoom. Instructions can be found at the end of this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Reverend Kaaren Anderson, Unitarian Universalist Fellowship of Vero Beach 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring 2-1-1 HelpLine's 50 Years of Service to Indian River County Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION September 21, 2021 Page 1 of 7 8. CONSENT AGENDA 8.A. Quarterly OPEB Trust Report for the Quarter Ending 06/30/2021 Attachments: Investment Committee OPEB Report 8.B. Quarterly Investment Report for the Quarter Ending 06/30/2021 Attachments: Investment Committee Report 8.C. Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education Program Trust Fund Report - Cumulative Reporting through 06/30/2021 Attachments: Finance Department Staff Report 8.D. Quarterly Tourist Development Tax Report for the Quarter Ending 06/30/2021 Attachments: Finance Department Staff Report 8.E. County Capital Asset Inventories Attachments: Finance Department Staff Report 8.F. Sole Source Designation for EleGARD Patient Positioning System Attachments: Staff Report Notice of Single or Sole Source Designation EleGARD Quote 8.G. Extension and Modification to Bid 2020051 - Annual Bid to Furnish and Deliver Polymer Attachments: Staff Report Polydyne Request for Price Adjustment 8.H. Designation of Excess Equipment as Surplus Attachments: Staff Report Excess List for 092121 8.I. Award of Annual Bid 2022005 for Liquid Aluminum Sulfate Attachments: Staff Report 8.J. Extensions and Modifications to Staffing Agreements with HireQuest Direct Attachments: Staff Report 1 st Ext and Amendment - Temporary Staffing 1 st Ext and Amendment - Temporary Day Laborers Request for Increase - 2021008 Request for increase - 2021017 8.K. Award of Annual Bid 2022004 for Sulfuric Acid Attachments: Staff Report September 21, 2021 Page 2 of 7 8.L. Blanket Travel Authorization for Commissioners, County Officers, and Staff for Fiscal Year 2021-2022 (October 1, 2021, through September 30, 2022) Attachments: Staff Memorandum 8.M. Authorization to Attend FGFOA and GFOA Annual Conferences and FGFOA School of Government Finance Attachments: Staff Report 8.N. Appointment of Board of County Commissioners Representative and Alternate to the MPO Bicycle Pedestrian Advisory Committee Attachments: Staff Report 8.0. Request to Waive Bid Process for Supplemental Building Inspection Services for Fiscal Year 2021/2022 Attachments: Staff Report 8.P. Fee Agreement with Gunster, Yoakley & Stewart, PA Attachments: Staff Report Fee Agreement 8.Q. Work Order No. 2018029-7 APTIM: Sector 5 Additional Dune Planting- Dune Vegetation Services Attachments: Staff Report Work Order No 2018029-7 execution agreement APTIM Work Order No. 2018029-7 8.R. Change Order No. 1, 66th Avenue over North Relief Canal Bridge, IRC -1505 Attachments: Staff Report Change Order No. 1 8.S. Future 49th Street ROW - Stormwater and Aquifer Recharge Property Purchases - 2690 49th Street, Vero Beach, FL 32967 & 49th Street, Vero Beach, FL 32967 Owner: Calvin Arnold Bethel, Jr. Attachments: Staff Report Purchase Agreement Maps 8.T. Indian River County Library System Certification of Credentials for Single Library Administrative Head Attachments: Staff Report Certification of Credentials Form 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES September 21, 2021 Page 3 of 7 9.A. Indian River County Sheriff Eric Flowers re: FY21 Auction Proceeds and FY21 Offender Fees Attachments: Memo From Sheriff Flowers 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Planning and Zoning Commission Alternate Ordinance - Legislative Attachments: Staff Report Ordinance 10.A.2. Local Provider Participation Fund (LPPF) Assessment Resolution - Legislative Attachments: Staff Report Draft Resolution Draft Assessment Roll Directed Payment Program Letter of Agreement Affidavit of Publication - LPPF Resoultion 10.A.3. GRBK GHO, LLC's Request for Conceptual Special Exception Planned Development (PD) Plan Approval and Concurrent Preliminary PD Plan/Plat Approval for a Project to be known as Wisteria Walk PD [PD -21-01-02 / 2002050024-88300] Quasi -Judicial Attachments: Staff Report Excerpt from August 12, 2021 PZC Minutes Location Map Aerial Conceptual/Preliminary PD Plan Landscape Plan 10.A.4. Public Hearing on Modifications to County Code Sections 201.64 and 201.65, Prohibited Discharge Standards Attachments: Staff Report Draft Dentist Amalgam Ordinance B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services September 21, 2021 Page 4 of 7 C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget 12.F.1. CARES Act - Spending Plan Revisions Attachments: Staff Report CARES Act Spending Plan City of Fellsmere CARES Act Amendment 3 G. Public Works 12.G.1. Timothy Rose Contracting proposed donation of concrete material to support the County's Artificial Reef program Attachments: Staff Report Artificial Reef Building Material Donation Agreement 12.G.2. Research Review Phase of the IRC Lagoon Management Plan: Update 4 Attachments: Staff Report Research Plan Timeline Supporting Research 12.G.3. Award of Bid No. 2021050, Phase 2 of Sector 3 (IRC -2109) Beach and Dune Restoration Attachments: Staff Report Sample Agreement APTIM Bid Recommendation Letter 21-0910 12.G.4. Phase 2 of the Sector 3 Beach and Dune Restoration Project (IRC -2109) APTIM Work Order No. 2018006-12, Phase 2 Construction Administration Attachments: Staff Report Staff Report APTIM Work Order No. 2018006-12 APTIM WO #2018006-12 Execution agreement H. Utilities Services 13. COUNTY ATTORNEY MATTERS September 21, 2021 Page 5 of 7 13.A. Request for Release of Environmental Control Hearing Board Lien Attachments: Staff Report 1-14-2010 Lien 2-22-2010 Lien 10-5-2009 Lien 12-3-2010 lien 12-8-2009 lien Property Aerial 1-11-2021 Property Aerial on 2-17-2007 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman 14.11.1. Status of the District 4 County Commission Seat Attachments: Commissioner's Memorandum 14.13.2. Request Board Discussion to try to Resolve Maintenance Issue of 82nd Avenue between 26th Street and 69th Street Attachments: Commissioner's Memorandum Attachment 1 - Draft Interlocal Agreement Attachment 2 - MPO Long -Range Transportation Plan Attachment 3 - SRDD Easement & SRWCD Right of Way C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.11.1. Approval of Minutes Meeting of June 8, 2021 15.13.2. Approval of Minutes June 15, 2021 15.13.3. Approval of Minutes Meeting June 22, 2021 September 21, 2021 Page 6 of 7 15.B.4. Change Order No. 2, Release of Retainage and Final Pay to SCS Field Services for Landfill Segment 3 Cell 1 Landfill Gas System Expansion Project (Bid #2021006) Attachments: Staff Report CDM Smith Recommendation Letter Change Order No 2 from SCS Field Services Final Pay Application 15.B.5. Final Pay and Amendment No 2 to Work Order No 2 to CDM Smith, Inc. Attachments: Staff Report Amendment No 2 to Work Order No 2 Final Invoice and Completion Report C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com 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. September 21, 2021 Page 7 of 7 PROCLAMATION HONORING 2-1-1 HELPLINE'S 50 YEARS OF SERVICE TO INDIAN RIVER COUNTY WHEREAS, 2-1-1 HelpLine is a free, trusted, and confidential lifeline for people of all ages who are struggling or feeling overwhelmed and don't know where to turn for help, responding to over 3 million requests for assistance since 1971; and WHEREAS, 2-1-1 HelpLine is a central, around-the-clock access point, available via telephone or text message, and providing individuals and families with crisis support, suicide risk reduction, and comprehensive guidance in finding community resources and services; and WHEREAS, 2-1-1 HelpLine's highly -trained staff handled nearly 4,000 requests for help from Indian River County residents during its most -recent fiscal year, including over 1,700 residents who requested help with their mental health or addictions, and over 100 who were suicidal or had suicide concerns; and WHEREAS, inquires to the 2-1-1 HelpLine and website have doubled — and at points tripled — from years past due to the COVID-19 pandemic, with suicide -related contacts especially increasing; and WHEREAS, 2-1-1 HelpLine provides programming to support our most vulnerable residents, proudly proclaiming "help starts here" in times of personal struggle or disaster when no one else can answer the call; and WHEREAS, 2-1-1 HelpLine is the regional responder for the National Suicide Prevention Lifeline (1 -800- 273 -TALK), working 24 hours a day to prevent loss of life by suicide and averaging 126 mental health crisis contacts and 10 suicide concern calls daily. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that 2-1-1 HelpLine is congratulated for 50 years of wonderful service, particularly in the area of front-line suicide prevention, and that the Board calls on all citizens to remember the only telephone numberthey need to access information on 1,600 agency providers with wide-ranging programs and services throughout our area. Adopted this 21St day of September, 2021. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Joseph H. Earman Laura Moss S.A. 09/21/2021 :211 is free, confidential, 24/7 Kelly Cambron 211 Board of Directors Law Offices of Kelly A Camb,ron Jeff Luther Realtor 211 Advisory Council Member Former Major Chief of Sta°f Indian River County Sheriff's Office 5.A. 09/21/2021 Over 3 [Tii #'0- 'l requests for help! IMFV � r ........ . . . . . ® "I'm about to be evicted from my home" ► "I am worried about my elderly father" ► "My child is having a difficult time focusing on school." ,l► "The company I work for just laid me off- where can I go to get help with unemployment? I have no food to eat" "I am being bullied by some kids at school' A am afraid my boyfriend will continue to hit me when we are alone" R :"I'm lonely and worried..." '....., Call 2-1 A! Help.Starts.Here. 2020 Indian River County Yearly January- December ► Total Calls/Texts/Emails: 4,131 ► Total Referrals: 6,386 ► Total Online Database/Mobil App Visits: 1,549 [Mental Health/Addictions: 1,714 requests for help Suicide Concerns: 112 requests for help Call 2-1-11 Help. Starts. Here, 5.A. 09/21/2021 ` 3 5.A. 09/21/2021 .SUNSHINE /iE Jt (h(.vS!IR ItCi Programs that serve IRC: NMnb ,. 211 Staff at IRC MHC: McCabe Connections Center Sunshine Daily Phone Call MYFLVET peer support- veterans/family Help Me Grow��- Caregiver Project Call 2-1-11 Help. Starlts.Here. �r Post -Pandemic: the 3rd Wave • 40% of respondents reported struggling with mental health • 11 % reported thoughts of suicide (vs. 3% prior) • Substance use more than doubled • Post disaster, peak suicidal ideation occurs 12-18 months post event httos.I/www.cdc.gov/mmwr/volumes/69/wr/mm6932al.htm a Wave 3 Wave 2 YoungerAdults • Racial/Ethnic Minorities Wave 1 Essential Workers • Unpaid Adult Caregivers Mental Health Crisis -Disproportionately Worse utcomes It's Ok to Ask! if you are concerned about someone you know- a loved one, family member, friend, neighbor or even coworker it's ok to ask... Talking about suicide lets the person know that you care about them- it does not give them ideas or prompt them to action. • 211 staff listen for red flag statements • Lethality is assessed for level 1, 2, or 3 (the highest lethality assignment) • Staff work to build a rapport, to de-escalate & stabilize person in crisis • Safety plan is created. Caller is linked to providers that can help. ► Dial 2-1-1 or (866) 882-2991... 24/7 No. Text your zip code to TXT211(898211)... 24/7 ► Chat Online 10 am — 8 pm @ www.211 treasurecoast.org ► Email your questions/concerns to: HelpA211 pbtc.org (answered within next business day) ► 211's Online Resource Directory www.211 treasurecoast. orq or our Mobile App ► Out of area (561) 383-1112 or (866) 882-2991 5.A. 09/21/2021 5 S.A. 09/21/2021 ." �• • y; 988 Goes Live July 2022 211 Helpline will continue to respond SUICIRr Ut PRE .YHTION` LIFEF Call 2- 1-1! Help Starts.Here. National Suicide Prevention Lifeline (NSPL) Disaster Distress Helpline (DDH) American Association of Suicidology (AAS) Alliance of Information & Referral Systems (AIRS) `Florida Counsel Against Sexual Violence Nonprofits First: Accredited for high standards in" Management/Administration/Governance NonprofitsFirst W ACtRIQITED �� 5.A. 09/21/2021 211 Palm Beach/Treasure Coast appreciates the support of Indian River County, and is grateful for the opportunity to share further information about our agency and the needs of the community we serve. 0 '�_' Questions? — JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127 1h Street Vero Beach, FL 32960 Telephone: (772) 226-1516 TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 20, 2021 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 06/30/2021 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the third quarter of fiscal year 2021. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on August 19, 2021. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. 2 L 22222 i 22 Q C C C C C C O 0 0 0 0 0 X a m X N LL O C Q C OI E E c C W oo O O n000lno N m of N O 000 O 0 O 00 O O 0 O 0 O u1 ti C'XOo V V � u O a _ O 40 N DO Q G ^ d0 E E H � O U Q 7 N Vd1 [0 [O to C C C m m W M M C O 00 n M N N M O O O M O O N N O N N O C 40 M N n 0 VI ' M M OD N n m O n n n n l0 lc n Il m N O O i M m m V1 O M lD O) N m m v a m m m m m o o n ao n m y ao lD u '. a s ui h v to m m b N N N N N VT t? N n n N VNI UL .y m O m OND 4n0 C tD N m N N O O r VT V} VF V1 N N {A nn N . . . n X e-0 1° I° H � W 9 3 C 3 � N V? VT N N Vf V! m o W 00 M N n 40 OD 00 a t0 m m M N lnln lnmmmn m N 40 m n aocr n n m m m Y y Y of vi ai n .-i .r vi Lri vi ari `m E 3 m F L - N N V1 N N N N N eq N G! r C m M u N N N C - C 4- fi Ol m N VT H W H N N L 3 1 E > j, •� °i a s m y o0 0o m n .-i ao 0 o n c O j N N m 00 M m N m 4(1 a N m a0 O a0 v e a0 n n 1!) N IA w N O Q.L. ti a V ul M 00 M O O N tO lD O ✓i d ie C W N N N N N LV o w N n OO n 00 r n W N a p N N a M N ' LL: L Lu M N N n lD N n M t+l M Iv1 M rt�l OW V! Vl V? VT N N N a /may L y d t Y 0 d w m O i d Z a u m y H C o W a X d v r Ol G w o o r ; = w E o r m E m 9 Z 27 F $ o Zr c¢�u r Eln c 06 o° w o m G w E m Ir�i fi � vEi °' ILiI E r> y— a a y a L O w L• F' O J J J J lY (y O �aC C ` •U Z N li ILII J i i N` Q i S J 6 IOA O N O O N u T o A C Z • Q O 2 Q o u1 N N N Ill d O o 0 _y N M V O C! O O o C r I d L a r a W C K W ri U C r .-i z c L 22222 i 22 Q C C C C C C O 0 0 0 0 0 X a m X N LL O C Q C OI E E E E W r Y X r C C } > O X d T d u1 ti C'XOo V V 7 O a _ O 40 N DO Q G ^ d0 E E H p O 8 7 N Vd1 [0 [O to L 22222 t t L 22 L L C C C C C C O 0 0 0 0 0 C C C 0 0 0 C G O O C C O O E E E E E E E E E E E E E M M M M M m M M M M M M M -1 -I NN 0N O Vl ul g ni N DO In G O n N C 00 Vf n ui n G .-1 C C C m m O N m 400 tN0 O O O N O O tD M G oC ui n ui n G O O O M M t] M JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271h Street Vero Beach, FL 32960 Telephone: (772) 226-1516 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 20, 2021 I� 1 �COMPr U A 2� `�R COUNti'i SUBJECT: Quarterly Investment Report for Quarter Ending 06/30/2021 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the third quarter of fiscal year 2021. This report was reviewed by our investment advisory committee on August 19, 2021. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. 11 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1516 Indian River County Investment Advisory Committee Quarterly Investment Report April 1, 2021 through June 30, 2021 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, and recommend investment strategies. The Committee consists of the County Administrator, or his designee, and a minimum of two qualified citizens with investment or financial management expertise. Kristin Daniels, Budget Director, is the County Administrator's designee. The individuals with investment expertise who have agreed to serve are: David W. Griffis, Founding Principal Vero Beach Global Advisors, Ted Libby, Senior Portfolio Manager with Cypress Capital Group; and Andy Beindorf, former Treasure Coast Regional President of CenterState Bank. Also present at the meetings are the Clerk of the Circuit Court, Finance Director, and Internal Audit Director. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, surplus funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.01, Certificates of Deposit (CDs), Money Market Funds, and Repurchase Agreements. BOND PROCEEDS INVESTMENT The current water and sewer bond reserve is held by Bank of New York/Mellon and is presently invested in a treasury bill. QUARTERLY AVERAGE YIELD The overall average yield for the quarter ended June 30, 2021 was 0.30%. The overall average yield for the quarter ended March 31, 2021 was 0.44%. 5 INVESTMENT ACTIVITY As of June 30, 2021, the investments portfolio book value was $460,123,273 with a market value of $460,380,316. Of the $460,123,273 portfolio total, $376,512,909 is restricted for the following purposes: $ 123,835,308 Special revenue projects $ 602,982 Debt service $ 94,158,829 Capital projects $ 154,490,956 Business -type activities $ 3,424,834 Escrow Funds $ 376,512,909 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Special Portfolio sorted by type of debt instrument Escrow Revenue Portfolio sorted by maturity date 1% 32% Portfolio by maturity date bar graph Schedule 4 Debt Schedule 5 Service Business- 1% Type Capital Interest earnings summary 41% Projects Allocation of investments by fund types (unrestricted and restricted balances) 25% The weighted average maturity of the treasury and agency investments as of June 30, 2021 is 13 months. Coupon yields on the individual investments ranged from 0% to 1.57%. Those investments with 0% coupons are treasury bills that are purchased at a discount and result in positive yields upon maturity. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending June 30, 2021: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) 6 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type June 30, 2021 7 06/30/21 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % FFCB Bullet 3133EK6D3 1.570% 11/25/19 11/08/21 0.36 1.570% $ 3,000,000.00 $ 2,996,250.00 FFCB Callable 3133EMMH2 0.090% 01/06/21 01/06/22 0.52 0.090% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ELNPS 1.450% 02/24/20 02/24/22 0.65 1.464% $ 3,000,000.00 $ 2,999,160.00 FFCB Bullet 3133EL4T8 0.150% 09/03/20 02/24/22 0.65 0.150% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EMMU3 0.120% 01/13/21 04/13/22 0.79 0.120% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EMEB4 0.140% 10/22/20 04/22/22 0.81 0.140% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EMQA3 0.080% 02/18/21 05/09/22 0.86 0.080% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMGP1 0.150% 11/17/20 05/16/22 0.88 0.162% $ 3,000,000.00 $ 2,999,460.00 FFCB Bullet 3133ELZN7 0.160% 05/18/20 05/18/22 0.88 0.237% $ 3,000,000.00 $ 2,995,410.00 FFCB Callable 3133ELW67 0.220% 07/21/20 07/21/22 1.06 0.258% $ 3,000,000.00 $ 2,997,750.00 FFCB Bullet 3133EMPR7 0.100% 03/17/21 08/02/22 1.09 0.121% $ 3,000,000.00 $ 2,999,130.00 FFCB Callable 3133EL4H4 0.200% 08/21/20 08/19/22 1.14 0.221% $ 3,000,000.00 $ 2,998,770.00 FFCB Callable 3133ELMF7 0.120% 12/22/20 09/22/22 1.23 0.120% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMDA7 0.160% 11/02/20 10/13/22 1.29 0.165% $ 3,000,000.00 $ 2,999,700.00 FFCB Callable 3133EMDRO 0.170% 10/21/20 10/21/22 1.31 0.170% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EMQH8 0.110% 02/10/21 02/10/23 1.62 0.110% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRQ7 0.100% 03/17/21 02/24/23 1.65 0.156% $ 3,000,000.00 $ 2,996,760.00 FFCB Bullet 3133EMSS2 0.125% 05/07/21 03/09/23 1.69 0.152% $ 3,000,000.00 $ 2,998,500.00 FFCB Callable 3133EMSTO 0.140% 03/10/21 03/10/23 1.69 0.140% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMYX4 0.125% 05/10/21 05/10/23 1.86 0.160% $ 3,000,000.00 $ 2,997,900.00 FFCB Callable 3133EMKG6 0.200% 12/15/20 06/15/23 1.96 0.200% $ 3,000,000.00 $ 3,000,000.00 $ 63,000,000.00 $ 62,978,790.00 13.73% FHLB Bullet 313OA8QS5 1.125% 11/19/19 07/14/21 0.04 1.584% $ 3,000,000.00 $ 2,977,620.00 FHLB Callable 3130AJQQS 0.300% 06/30/20 06/30/22 1.00 0.300% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AITM1 0.260% 07/28/20 07/28/22 1.08 0.260% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AM5P3 0.180% 04/28/21 04/28/23 1.83 0.180% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 313OAKL38 0.155% 12/30/20 06/30/23 2.00 0.155% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMV33 0.300% 06/29/21 D4/29/24 2.83 0.300% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMMM1 0.375% 06/03/21 06/03/24 2.93 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMLM2 0.375% 06/07/21 06/07/24 2.94 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKX9 0.400% 06/07/21 06/07/24 2.94 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKZ4 0.400% 06/10/21 06/10/24 2.95 0.400% $ 3,000,000.00 $ 3,000,000.00 $ 30,000,000.00 $ 29,977,620.00 6.53% FHLMC Bullet 3137EAEC9 1.125% 10/11/19 08/12/21 0.12 1.527% $ 2,000,000.00 $ 1,985,500.00 FHLMCCallable 3134GWBX3 0.250% 07/20/20 07/20/22 1.05 0.250% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAET2 0.125% 11/17/20 07/25/22 1.07 0.146% $ 3,000,000.00 $ 2,998,950.00 FHLMC Callable 3134GWAP1 0.250% 07/28/20 07/28/22 1.08 0.250% $ 3,000,000.00 $ 3,000,000.00 FHLMCCallable 3134GWL87 0.2005A 09/14/20 09/14/22 1.21 0.200% $ 3,000,000.00 $ 3,000,000.00 FHLMCCallable 3134GWS64 0.180% 09/30/20 09/30/22 1.25 0.180% $ 3,000,000.00 $ 3,000,000.00 FHLMCCallable 3134GW7EO 0.200% 11/16/20 02/16/23 1.63 0.200% $ 3,000,000.00 $ 3,000,000.00 FHLMCCallable 3134GXEXS 0.250% 12/02/20 06/01/23 1.92 0.250% $ 3,000,000.00 $ 3,000,000.00 $ 23,000,000.00 $ 22,984,450.00 5.01% FNMA Bullet 3135GON82 1.250% 08/26/19 08/17/21 0.13 1.499% $ 2,000,000.00 $ 1,990,340.00 FNMA Bullet 3135GON82 1.250% 12/31/19 08/17/21 0.13 1.585% $ 3,000,000.00 $ 2,983,890.00 FNMA Bullet 3135GGQ89 1.375% 11/05/19 10/07/21 0.27 1.592% $ 3,000,000.00 $ 2,987,700.00 $ 8,000,000.00 $ 7,961,930.00 1.74% Treasury Bill 912796840 0.000% 02/18/21 07/01/21 0.00 0.038% $ 3,000,000.00 $ 2,999,578.83 Treasury Bill 912796857 0.000% 02/18/21 07/08/21 0.02 0.038°% $ 3,000,000.00 $ 2,999,556.67 Treasury Bill 912796049 0.000% 02/18/21 07/22/21 0.06 0.042% $ 3,000,000.00 $ 2,999,461.00 Treasury Note 912828576 1.125% 11/25/19 07/31/21 0.08 1.637% $ 3,000,000.00 $ 2,974,620.00 Treasury Note 912828576 1.125% 11/13/19 07/31/21 0.08 1.686% 5 3,000,000.00 $ 2,971,640.63 Treasury Note 9128282F6 1.125% 12/19/19 08/31/21 0.17 1.659% $ 3,000,000.00 $ 2,973,281.25 Treasury Note 9128282F6 1.125% 11/19/19 08/31/21 0.17 1.609% $ 3,000,000.00 $ 2,974,620.00 Treasury Bill 9127964LO 0.000% 02/18/21 09/09/21 0.19 0.042°% $ 3,000,000.00 $ 2,999,289.50 Treasury Note 91282ST34 1.125°% 02/20/20 09/30/21 0.25 1.459% $ 3,000,000.00 $ 2,984,100.00 Treasury Note 912828Y13 1.500% 11/19/19 09/30/21 0.25 1.602% $ 3,000,000.00 $ 2,994,375.00 Treasury Bill 9127964V8 0.000% 02/26/21 10/07/21 0.27 0.044% $ 3,000,000.00 $ 2,999,200.92 Treasury Note 91282ST67 1.250% 12/19/19 10/31/21 0.34 1.643% $ 3,000,000.00 $ 2,978,430.00 Treasury Note 912828767 1.250% 11/21/19 10/31/21 0.34 1.578% $ 3,000,000.00 $ 2,981,250.00 Treasury Bill 912796031 0.000% 05/13/21 01/27/22 0.58 0.021% 5 3,000,000.00 $ 2,999,546.75 Treasury Note 91282BH86 1.500% 11/21/19 01/31/22 0.59 1.565% $ 3,000,000.00 $ 2,995,770.00 Treasury Bill 912796F38 0.000% 05/13/21 03/24/22 0.73 0.031% $ 3,000,000.00 $ 2,999,186.25 Treasury Note 912828ZY9 0.125% 05/17/21 07/15/23 2.04 0.169% $ 6,000,000.00 $ 5,994,360.00 Treasury Note 91282CAF8 0.125% 05/26/21 08/15/23 2.13 0.175% $ 6,000,000.00 $ 5,993,400.00 Treasury Note 91282CAK7 0.125% 05/20/21 09/15/23 2.21 0.181% $ 6,000,000.00 $ 5,992,200.00 $ 66,000,000.00 $ 65,803,866.80 14.34% Regions Bank Money Market $ 41,086,692.06 8.95% Regions Bank Lockbox Accounts $ 3,565,330.70 0.78% TD Bank Checking Account $ 39,189,571.46 8.54% BankUnited Money Market $ 41,924,532.91 9.14% Valley National Bank Government Interest Checking $ 38,956,029.04 8.49% Marine Bank Business Money Market $ 8,227,607.88 1.79% Florida Trust Day to Day Fund $ 43,015,195.06 9.38% FL STAR $ 7,018,349.97 1.53% FL CLASS - BOCC Funds $ 37,642,063.70 8.20% Total General Cash & Equivalents - Unrestricted $ 450,332,029.58 Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve $ 75,774.02 1oft 7 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type June 30, 2021 2 of 06/30/21 Coupon/ Purchase Maturity Years To Yield To Original Portfolio InvestmentTvpe CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % Treasury Bill 9127961-144 0.000% 05/27/21 05/19/22 0.88 0.025% $ 1,100,000.00 $1,099,307.00 Total Restricted Bond Reserve - adjusted for fair market value $ 1,175,081.02 0.26% Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves $ 7,279,621.92 1.59% Total Pooled Cash & Equivalents $458,786,732.52 100.00% Restricted Cash- Health Insurance TD Bank - BCBS Claims Account $842,573.75 Total Restricted Cash - Health Insurance $842,573.75 Restricted Cash - Housing Account $493,966.58 Total Portfolio $460,123,272.85 Note: See separate Investment report for OPEB funds. 2 of Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date June 30, 2021 Regions Bank Money Market Regions Lockbox Accounts TD Bank Checking Account BankUnited Money Market Valley National Bank Government Interest Checking Marine Bank Business Money Market Florida Trust Day to Day Fund FL STAR FL CLASS - BOCC Funds Total General Cash & Equivalents - Unrestricted Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve Treasury Bill 9127961-144 0.000% 05/27/21 05/19/22 0.88 0.025% $ 1,100,000.00 Total Restricted Bond Reserve - adjusted for fair market value Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves 1 of 06/30/21 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Treasury Bill 912796840 0.000% 02/18/21 07/01/21 0.00 0.038% $ 3,000,000.00 Treasury Bill 912796857 0.000% 02/18/21 07/08/21 0.02 0.038% $ 3,000,000.00 FHLB Bullet 313OA8QS5 1.125% 11/19/19 07/14/21 0.04 1.584% $ 3,000,000.00 Treasury Bill 912796C49 0.000% 02/18/21 07/22/21 0.06 0.042% $ 3,000,000.00 Treasury Note 912828576 1.125% 11/13/19 07/31/21 0.08 1.686% $ 3,000,000.00 Treasury Note 912828576 1.125% 11/25/19 07/31/21 0.08 1.637% $ 3,000,000.00 FHLMC Bullet 3137EAEC9 1.125% 10/11/19 08/12/21 0.12 1.527% $ 2,000,000.00 FNMA Bullet 3135GON82 1.250% 08/26/19 08/17/21 0.13 1.499% $ 2,000,000.00 FNMA Bullet 3135GON82 1.250% 12/31/19 08/17/21 0.13 1.585% $ 3,000,000.00 Treasury Note 9128282F6 1.125% 12/19/19 08/31/21 0.17 1.659% $ 3,000,000.00 Treasury Note 9128282F6 1.125% 11/19/19 08/31/21 0.17 1.609% $ 3,000,000.00 Treasury Bill 9127964LO 0.000% 02/18/21 09/09/21 0.19 0.042% $ 3,000,000.00 Treasury Note 912828734 1.125% 02/20/20 09/30/21 0.25 1.459% $ 3,000,000.00 Treasury Note 912828Y13 1.500% 11/19/19 09/30/21 0.25 1.602% $ 3,000,000.00 FNMA Bullet 3135GOQ89 1.375% 11/05/19 10/07/21 0.27 1.592% $ 3,000,000.00 Treasury Bill 9127964VS 0.000% 02/26/21 10/07/21 0.27 0.044% $ 3,000,000.00 Treasury Note 912828767 1.250% 12/19/19 10/31/21 0.34 1.643% $ 3,000,000.00 Treasury Note 912828T67 1.250% 11/21/19 10/31/21 0.34 1.578% $ 3,000,000.00 FFCB Bullet 3133EK6D3 1.570% 11/25/19 11/08/21 0.36 1.570% $ 3,000,000.00 FFCB Callable 3133EMMH2 0.090% 01/06/21 01/06/22 0.52 0.090% $ 3,000,000.00 Treasury Bill 912796031 0.000% 05/13/21 01/27/22 0.58 0.021% $ 3,000,000.00 Treasury Note 9128281-186 1.500% 11/21/19 01/31/22 0.59 1.565% $ 3,000,000.00 FFCB Bullet 3133EL4T8 0.150% 09/03/20 02/24/22 0.65 0.150% $ 3,000,000.00 FFCB Bullet 3133ELNPS 1.450°,6 02/24/20 02/24/22 0.65 1.464% $ 3,000,000.00 Treasury Bill 912796F38 0.000% 05/13/21 03/24/22 0.73 0.031% $ 3,000,000.00 FFCB Callable 3133EMMU3 0.120% 01/13/21 04/13/22 0.79 0.120% $ 3,000,000.00 FFCB Callable 3133EME84 0.140% 10/22/20 04/22/22 0.81 0.140% $ 3,000,000.00 FFCB Callable 3133EMQA3 0.080% 02/18/21 05/09/22 0.86 0.080% $ 3,000,000.00 FFCB Bullet 3133EMGP1 0.150% 11/17/20 05/16/22 0.88 0.162% $ 3,000,000.00 FFCB Bullet 3133ELZN7 0.160% 05/18/20 05/18/22 0.88 0.237% $ 3,000,000.00 FHLB Callable 3130AJQQ5 0.300•,6 06/30/20 06/30/22 1.00 0.300% $ 3,000,000.00 FHLMC Callable 3134GWBX3 0.25096 07/20/20 07/20/22 1.05 0.250% $ 3,000,000.00 FFCB Callable 3133ELW67 0.220% 07/21/20 07/21/22 1.06 0.258% $ 3,000,000.00 FHLMC Bullet 3137EAET2 0.125% 11/17/20 07/25/22 1.07 0.146% $ 3,000,000.00 FHLMC Callable 3134GWAP1 0.250% 07/28/20 07/28/22 1.08 0.250% $ 3,000,000.00 FHLB Callable 3130AJTM1 0.260% 07/28/20 07/28/22 1.08 0.260% $ 3,000,000.00 FFCB Bullet 3133EMPR7 0.100% 03/17/21 08/02/22 1.09 0.121% $ 3,000,000.00 FFCB Callable 3133EL4H4 0.200% 08/21/20 08/19/22 1.14 0.221% $ 3,000,000.00 FHLMCCallable 3134GWL87 0.200% 09/14/20 09/14/22 1.21 0.200% $ 3,000,000.00 FFCB Callable 3133ELMF7 0.120% 12/22/20 09/22/22 1.23 0.120% $ 3,000,000.00 FHLMC Callable 3134GWS64 0.180% 09/30/20 09/30/22 1.25 0.180% $ 3,000,000.00 FFCB Bullet 3133EMDA7 0.160% 11/02/20 10/13/22 1.29 0.165% $ 3,000,000.00 FFCB Callable 3133EMDRO 0.170% 10/21/20 10/21/22 1.31 0.170% $ 3,000,000.00 FFCB Callable 3133EMQH8 0.110% 02/10/21 02/10/23 1.62 0.110% $ 3,000,000.00 FHLMCCallable 3134GW7EO 0.200% 11/16/20 02/16/23 1.63 0.200% $ 3,000,000.00 FFCB Bullet 3133EMRQ7 0.100% 03/17/21 02/24/23 1.65 0.156% $ 3,000,000.00 FFCB Bullet 3133EMSS2 0.125% 05/07/21 03/09/23 1.69 0.152% $ 3,000,000.00 FFCB Callable 3133EMSTO 0.140% 03/10/21 03/10/23 1.69 0.140% $ 3,000,000.00 FHLB Callable 3130AMSP3 0.180°% 04/28/21 04/28/23 1.83 0.180% $ 3,000,000.00 FFCB Bullet 3133EMYX4 0.125% 05/10/21 05/10/23 1.86 0.160% $ 3,000,000.00 FHLMCCallable 3134GXEX8 0.250% 12/02/20 06/01/23 1.92 0.250% $ 3,000,000.00 FFCB Callable 3133EMKG6 0.200% 12/15/20 06/15/23 1.96 0.200% $ 3,000,000.00 FHLB Callable 313OAKL38 0.155% 12/30/20 06/30/23 2.00 0.155% $ 3,000,000.00 Treasury Note 912828ZY9 0.125% 05/17/21 07/15/23 2.04 0.169% $ 6,000,000.00 Treasury Note 91282CAF8 0.125% 05/26/21 08/15/23 2.13 0.175°% $ 6,000,000.00 Treasury Note 91282CAK7 0.125% 05/20/21 09/15/23 2.21 0.181% $ 6,000,000.00 FHLB Callable 3130AMV33 0.300% 06/29/21 04/29/24 2.83 0.30096 $ 3,000,000.00 FHLB Callable 3130AMMM1 0.375% 06/03/21 06/03/24 2.93 0.375% $ 3,000,000.00 FHLB Callable 3130AMLM2 0.375% 06/07/21 06/07/24 2.94 0.375% $ 3,000,000.00 FHLB Callable 3130AMKX9 0.40056 06/07/21 06107/24 2.94 0.400% $ 3,000,000.00 FHLB Callable 3130AMKZ4 0.40096 06/10/21 06/10/24 2.95 0.400% $ 3,000,000.00 Sub Total- General Investments $ 190,000,000.00 Regions Bank Money Market Regions Lockbox Accounts TD Bank Checking Account BankUnited Money Market Valley National Bank Government Interest Checking Marine Bank Business Money Market Florida Trust Day to Day Fund FL STAR FL CLASS - BOCC Funds Total General Cash & Equivalents - Unrestricted Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve Treasury Bill 9127961-144 0.000% 05/27/21 05/19/22 0.88 0.025% $ 1,100,000.00 Total Restricted Bond Reserve - adjusted for fair market value Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves 1 of 06/30/21 Book Value Mo Cash Flow $ 2,999,578.83 $ 2,999,556.67 $ 2,977,620.00 $ 2,999,461.00 $ 2,971,640.63 $ 2,974,620.00 $ 18,000,000.00 $ 1,985,500.00 $ 1,990,340.00 $ 2,983,890.00 $ 2,973,281.25 $ 2,974,620.00 $ 13,000,000.00 $ 2,999,289.50 $ 2,984,100.00 $ 2,994,375.00 $ 9,000,000.00 $ 2,987,700.00 $ 2,999,200.92 $ 2,978,430.00 $ 2,981,250.00 $ 12,000,000.00 $ 2,996,250.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,999,546.75 $ 2,995,770.00 $ 9,000,000.00 $ 3,000,000.00 $ 2,999,160.00 $ 6,000,000.00 $ 2,999,186.25 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 $ 3,000,000.00 $ 2,999,460.00 $ 2,995,410.00 $ 9,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,997,750.00 $ 2,998,950.00 $ 3,000,000.00 $ 3,000,000.00 $ 15,000,000.00 $ 2,999,130.00 $ 2,998,770.00 $ 6,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 9,000,000.00 $ 2,999,700.00 $ 3,000,000.00 $ 6,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,996,760.00 $ 9,000,000.00 $ 2,998,500.00 $ 3,000,000.00 $ 6,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,997,900.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 9,000,000.00 $ 5,994,360.00 $ 6,000,000.00 $ 5,993,400.00 $ 6,000,000.00 $ 5,992,200.00 $ 6,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 12,000,000.00 $ 189,706,656.80 $ 190,000,000.00 $41,086,692.06 $3,565,330.70 $39,189,571.46 $41,924,532.91 $38,956,029.04 $8,227,607.88 $43,015,195.06 $7,018,349.97 $37,642,063.70 $ 450,332,029.58 $ 75,774.02 $1,099,307.00 $ 1,175,081.02 $ 7,279,621.92 9 10 2 oft Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date June 30, 2021 06/30/21 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow Total Pooled Cash & Equivalents $ 458,786,732.52 Restricted Cash - Health Insurance TD Bank - BCBS Claims Account $942,573.75 Total Restricted Cash - Health Insurance $842,573.75 Restricted Cash - Housing Account $493,966.59 Total Portfolio $ 460,123,272.85 Note: See separate Investment report for OPEB funds. 10 2 oft Schedule 3 Indian River County Portfolio By Maturity Date June 30, 2021 Total Portfolio $460,123,273 11 UT Resem 0.26% Treasury Schedule 4 Indian River County Portfolio By Type June 30, 2021 FL STAR 1.53% FL CLASS 9.79% FFCB 13.73% Jatl Bank 8.49% Bank Checking 8.54% _B 6.53% .01% 12 Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending June 30, 2021 PURCHASES: Investment Description Yield to Maturi Purchase Date Call Date Maturity Date Par Amount Book Value FHLB Callable 0.180% 04/28/21 07/28/21 04/28/23 $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 0.152% 05/07/21 04/23/21 03/09/23 $ 3,000,000.00 $ 2,998,500.00 FFCB Bullet 0.160% 05/10/21 05/10/23 $ 3,000,000.00 $ 2,997,900.00 Treasury Bill 0.021% 05/13/21 05/05/21 01/27/22 $ 3,000,000.00 $ 2,999,546.75 Treasury Bill 0.031% 05/13/21 03/24/22 $ 3,000,000.00 $ 2,999,186.25 Treasury Note 0.169% 05/17/21 05/07/21 07/15/23 $ 6,000,000.00 $ 5,994,360.00 Treasury Note 0.181% 05/20/21 05/11/21 09/15/23 $ 6,000,000.00 $ 5,992,200.00 Treasury Note 0.175% 05/26/21 05/12/21 08/15/23 $ 6,000,000.00 $ 5,993,400.00 FHLB Callable 0.375% 06/03/21 09/03/21 06/03/24 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 0.375% 06/07/21 06/07/22 06/07/24 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 0.400% 06/07/21 12/07/21 06/07/24 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 0.400% 06/10/21 09/10/21 06/10/24 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 0.300% 06/29/21 1 09/29/21 1 04/29/24 1 $ 3,000,000.00 $ 3,000,000.00 13 $ 48,000,000.00 $ 47,975,093.00 MATURITIES: Investment Description Yield to Maturi Purchase Date Early Call Date Maturity Date Par Amount Book Value FNMA Bullet 2.919% 11/29/18 04/13/21 $ 3,000,000.00 $ 2,971,350.00 FFCB Callable 0.150% 10/21/20 04/23/21 01/21/22 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 2.329% 04/05/19 04/30/21 $ 3,000,000.00 $ 2,942,490.00 FHLMC Callable 0.300% 05/05/20 05/05/21 05/05/22 $ 3,000,000.00 $ 3,000,000.00 FNMA Bullet 1.569% 10/11/19 05/06/21 $ 2,000,000.00 $ 1,990,140.00 FFCB Callable 0.161% 11/10/20 05/07/21 02/04/22 $ 3,000,000.00 $ 2,999,220.00 FHLMC Callable 0.250% 05/11/20 05/11/21 05/11/22 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 0.190% 09/21/20 05/12/21 09/21/22 $ 3,000,000.00 $ 3,000,000.00 FNMA Bullet 2.221% 05/14/19 05/14/21 $ 2,000,000.00 $ 1,977,780.00 FFCB Callable 0.170% 11/17/20 05/17/21 02/17/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 2.243% 05/15/19 05/17/21 $ 2,000,000.00 $ 1,973,757.70 FHLMC Callable 0.270% 05/21/20 05/19/21 05/19/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 0.310% 05/21/20 05/19/21 08/19/22 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 1.478% 02/20/20 05/31/21 $ 3,000,000.00 $ 2,996,100.00 Treasury Note 2.318% 05/03/19 05/31/21 $ 3,000,000.00 $ 2,942,910.00 FHLMC Callable 0.280% 06/02/20 06/02/21 06/02/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 0.280% 06/08/20 06/08/21 06/08/22 $ 3,000,000.00 $ 3,000,000.00 Treasury Bill 0.032% 02/26/21 06/10/21 $ 3,000,000.00 $ 2,999,722.67 FHLMC Callable 0.300% 06/17/20 06/17/21 06/17/22 $ 3,000,000.00 $ 3,000,000.00 Treasury Bill 0.032% 02/26/21 06/17/21 $ 3,000,000.00 $ 2,999,704.00 Treasury Bill 0.035% 02/26/21 06/24/21 $ 3,000,000.00 $ 2,999,655.83 FHLB Bullet 0.183% 06/29/20 06/29/21 $ 3,000,000.00 $ 2,998,260.00 Treasury Note 1.609% 08/13/19 06/30/21 $ 3,000,000.00 $ 2,973,210.00 jTreasury Note 1.644% 11/25/19 06/30/21 $ 3,000,000.00 $ 2,999,062.50 241 $ 69,000,000.00 $ 68,763,362.70 Reconciliation of General Investments Only: Beginning portfolio (3/31/21) $ 210,494,926.50 Total purchased 13 securities $ 47,975,093.00 Total matured 24 securities $ 68,763,362.70 Ending portfolio for quarter (6/30/21) $ 189,706,656.80 13 1oft October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/investment Accounts Comparison of Six Fiscal Years June 30, 2021 15,098,062 Fiscal Year 2015-2016 Net Chane Net Chane Month End Bal* Month End Bal* $ (8,105,518) $ 298,115,481 $ 25,830,326 $ 323,945,807 $ 35,536,011 $ 359,481,818 $ (373,573) $ 359,108,245 $ 906,675 $ 360,014,920 $ 256,335 $ 360,271,255 $ (5,220,820) $ 355,050,435 $ (2,730,213) $ 352,320,222 $ (8,065,869) $ 344,254,353 $ (7,588,170) $ 336,666,183 $ (8,369,612) $ 328,296,571 $ 6,977,510 $ 321,319,061 15,098,062 10,458,944 Fiscal Year 2018-2019 Net Chane Net Chane Month End Bal* $ (6,577,674) $ 362,277,495 $ 48,128,205 $ 410,405,700 $ 31,350,078 $ 441,755,778 $ (9,877,034) $ 431,878,744 $ 2,964,540 $ 434,843,284 $ (2,750,051) $ 432,093,233 $ (3,802,746) $ 428,290,487 $ (8,379,243) $ 419,911,244 $ (9,758,699) $ 410,152,545 $ (13,728,763) $ 396,423,782 $ (11,767,333) $ 384,656,449 $ 5,342,336 $ 379,314,113 10,458,944 $ 18,257,137 Fiscal Year 2016-2017 Net Chane Month End Bal* Month End Bal* $ (6,856,660) $ 314,462,401 $ 29,862,090 $ 344,324,491 $ 37,277,098 $ 381,601,589 $ (931,868) $ 380,669,721 $ (2,015,776) $ 378,653,945 $ 442,916 $ 379,096,861 $ (2,740,420) $ 376,356,441 $ (4,378,477) $ 371,977,964 $ (6,628,797) $ 365,349,167 $ (10,868,408) $ 354,480,759 $ (9,027,471) $ 345,453,288 $ 5,877,090 $ 339,576,198 $ 18,257,137 $ 12,246,355 Fiscal Year 2019-2020 Net Chane Month End Bal* $ (9,260,244) $ 370,053,869 $ 39,158,339 $ 409,212,208 $ 47,023,081 $ 456,235,289 $ (6,941,131) $ 449,294,158 $ (1,465,745) $ 447,828,413 $ (5,997,667) $ 441,830,746 $ (5,331,833) $ 436,498,913 $ (10,937,819) $ 425,561,094 $ (13,546,695) $ 412,014,399 $ (3,248,804) $ 408,765,595 $ (7,041,321) $ 401,724,274 $ 10,163,806 $ 391,560,468 $ 12,246,355 29,278,971 Fiscal Year 2017-2018 Net Chane Month End Bal* $ (7,971,324) $ 331,604,874 $ 33,131,597 $ 364,736,471 $ 41,846,074 $ 406,582,545 $ (5,758,898) $ 400,823,647 $ 5,191,358 $ 406,015,005 $ (4,784,411) $ 401,230,594 $ 1,577,951 $ 402,808,545 $ (6,945,787) $ 395,862,758 $ (9,710,169) $ 386,152,589 $ (2,464,004) $ 383,688,585 $ (8,022,779) $ 375,665,806 $ 6,810,637 $ 368,855,169 29,278,971 67,483,308 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes health insurance bank accounts utilized by Florida Blue and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 14 Fiscal Year 2020-2021 Net Chane Month End Bal* $ (8,561,737) $ 382,998,731 $ 39,238,741 $ 422,237,472 $ 57,117,548 $ 479,355,020 $ (6,119,043) $ 473,235,977 $ 12,395,392 $ 485,631,369 $ (12,127,894) $ 473,503,475 $ (9,006,651) $ 464,496,824 $ 295,126 $ 464,791,950 $ (5,748,174) $ 459,043,776 67,483,308 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes health insurance bank accounts utilized by Florida Blue and the Section 8 HUD bank account. 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H NNNN N og OZ zo-M 2, E E E P. 2 E ; S g gv 'sw c � ? 2 E E Y E L E m to =a n O S A P"� Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of June 30, 2021 General Fund Special Revenue Funds Debt Service Funds Capital Project Fund Solid Waste Fund Golf Course Fund Building Fund Utilities Funds Fleet Fund Insurance Funds Information Technology Fund Escrow Fund Total Investments Pooled Investments $ 82,530,867 $ 123,835,308 $ 602,982 $ 94,158,829 $ 32,350,130 $ 2,315,597 $ 6,889,052 $ 83,108,061 $ 322,366 $ 27,934,423 $ 1,571,327 $ 3,424,834 $ 459,043,776 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Excludes health insurance bank account and the Section 8 HUD bank account. Schedule does not include OPEB investments - see separate report. 16 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: September 1, 2021 SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 06/30/21 BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Traffic Education Program Trust Fund (our Fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine. Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee was effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund driver education programs in public and nonpublic schools". Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. As of June 30, 2021, the balance in the Fund is $170,062. The Clerk's office will continue to provide a quarterly report of the traffic education trust activity. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. 17 U) al u A m 7 LL c N 0) E t � LL V o ca o d V w U 7 d W CL C K u La W C y H O C d E at w N Cl) O M rn.� N �I7 Vi VHV3 CO cu L 0 U (n o i 7 C '0.0 m W � v •0 C C O F U .y 0 00 1-0 co CY) c O W a) T O ca ( m d o a m J C O rn v n n O n � y> LO � V U 0, ��W ca _ M m m Zm in «� Z , a a > a O VO' V 0 O N O (o (O (O a (NO O p O p C M M M M LLL O M O (p to Vi v LO 0) co co n 0 01 O N N O N 'q'q N 00 � ON N LOO N LN NN N O C) � O LL. O M O p) � V) Vi n � 00 f0 (O N LO n O O Of Cl) coN W a' 7 M CO. (00 NNN OLO N to V V N 000 O O y C LL. M O Qi � Vj Vi P- 00 0) d) 01 co LO Onm NON) LO SM V r LO O O 01 O O N NN N t0 O 0 0 O M o p) (n vi N n 0) OO 0) n 0 (On NMS V V N_ M tn0 ONN Ln 0 Ln 770 to Cl) Cl) M Cl) 0 0 N O } � IL M O � � Vl d9 O V O O 't M r. - Ln L() W t0 0 NNn n O OOn O n 0) LO O M 0 o N N N tt 0 7 O (o (0 C)er M 0 M 0 M 0 y o iL M o rn 69 (» VU) WAV ((pp (On 0 n m m N O p O N N D) M O Cl! M tO Cl! 00 n t0 U')n Lo y o LL. O M O p) � V) V) .0 C') hl0N 0) n (;� a Nst nn 0 M O 0 (o v n n O N O N 0 0 co V' n N yoo ifiL M O p) OOO OO a M 0) (yM M Mn O 00 L0 (O M n O O O N N N (V 0 a�-- 0 y o iL M O p) 60 V3 M Cl) NDN O- N —M OO 0a) 00 V l0 Cl) (O n O O -100")l 0 06 LO 0 O � M O � d) N V l0 c0 t0 (p V (o V C 0 (� N 0) 0 0 ('li M N OO t- co m 00 t0 LO O p CON nn N M Cl) N \o M yom LL Vj Cl) O M rn.� N �I7 Vi VHV3 CO cu L 0 U (n o i 7 C '0.0 m W � v •0 C C O F U .y 0 00 1-0 l0 a) a) T O ca ( CD C O a J C O rn v Y a) N Y a) c a m y> c 7 2 a LUv ��W ca _ M m m Zm in «� Z , a a > a aa') F u N v a C C W C D!IL X Xd Z LL LL Cl) O M rn.� N �I7 Vi VHV3 CO cu L 0 U (n o i 7 C '0.0 m W � v •0 C C O F U .y 0 00 1-0 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Internal Audit Division 2000 161 Avenue Vero Beach, FL 32960 Telephone: (772) 226-3108 CPA, CGFO, CGMA TO: Board of County Commissioners FROM: Edward Halsey, Internal Audit Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 20, 2021 & CoMpT R0w U ?J 9 o aq e� �<k couNcy SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 06/30/2021 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in the Clerk's office for quarters ended June 30, 2020 and 2021. The report shows five categories of activity including short-term rentals. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. 19 s a o 0 0 e 0 F4IC ciCD N �O l� N M M C -- C) O M 00 �t �O 00 O �o .-. N d 'C el IO N N M t d N N r- O R fl O W O a e 0 N 000000 O M e T N V e q Oi �o O t-�o M M O 00 4R N U ^ O N �O h y y CD M N � O M V1 l- to Qw YR d M1 69 69 69 69 64 ff3 a o 0 0 e 0 F4IC ciCD N �O l� N M M C -- C) O M 00 �t �O 00 O �o .-. N d 'C el IO N N M t d N N r- O R fl O W O a e 0 N JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller 1801 27a' Street Vero Beach, FL 32960 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller DATE: September 13, 2021 SUBJECT: County Capital Asset Inventories I COMP R0;( aP �9/SFR COUNS� 4 Annual physical inventories of capital assets are conducted for all BCC departments as well as the Clerk of Circuit Court & Comptroller, Property Appraiser, Supervisor of Elections, and Tax Collector. Per Florida Statute 274.02, Finance Department staff has completed a detailed physical inventory of approximately 6,500 pieces of equipment with a current book value of $23,531,714. Assets to be removed from the County inventory must be presented to the Board for approval per Florida Statute 274.07. Attached is the list of non -surplus items that must be removed based on the completed physical inventories. 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INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 13, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Sole Source Designation for EIeGARDTM Patient Positioning System BACKGROUND: On April 13, 2021, the Board approved an initial allocation of American Rescue Plan Act (ARP) dollars. As part of that allocation, funds for the Workers Performing Essential Work eligibility category were anticipated to be spent on Emergency Services District related expenses. In June of this year, the Fire Rescue Division purchased three EIeGARDTM systems that are intended to improve the chance of survival after sudden cardiac arrest, through the application of elevated CPR. The EIeGARDTM System is an FDA -cleared and CE -marked patient positioning device and cardiopulmonary board that can elevate a patient's head and thorax during CPR and patient transport. The units are currently being used in a training environment. The Division would like to have the EIeGARDTM devices available on all 15 ALS units, and is requesting authorization for the purchase of 12 additional EIeGARDTM systems with ARP funds. Advanced CPR Solutions° LLC developed and patented the EIeGARDTM system, and states their partner, MedAlliance Group, Inc., is the sole source through whom to purchase. Staff conducted internet searches for related or similar products, but found none. Purchasing Division posted a notice of Single or Sole Source designation to both Demandstar and the County's website through Vendor Registry. The description of the need for an assistive device to improve the success of administration of CPR was provided and other manufacturers and sellers were invited to submit similar products for consideration. The posting was made for 12 days, and no responses were received. Therefore, staff is confident that there is no similar product available. FUNDING: Staff is requesting authorization for a sole source purchase, as a competition would not realize any additional value or cost savings to the County. Sole source and sole brand procurement are 23 authorized in section 3.2 of the Purchasing Manual and Section 105.02 of the Code of Indian River County, Florida. The purchase will be made from the ARP Fund/Fire Services/Other Machinery & Equipment, account number 13812022-066490, in the amount of $67,221. This includes $66,696 for the units along with estimated shipping of $525. RECOMMENDATION: Staff recommends the Board designate Advanced CPR Solutions as the sole brand, and MedAlliance Group, Inc. as the sole source provider of elevated CPR devices, and authorize the Purchasing Division to issue a Purchase order to MedAlliance Group, Inc. in the amount of $66,696, plus $525 in estimated shipping, for a total of $67,221. Attachment: Notice of Single or Sole Source Designation EleGARD Quote Office of Management and Budget Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone: (772) 226-1416 Fax: (772) 770-5140 NOTICE OF SINGLE OR SOLE SOURCE DESIGNATION Date Posted: August 11, 2021 Written Response due: August 23, 2021 Indian River County Purchasing Division Email Address: purchasing@ircgov.com This is NOT a formal solicitation (RFB, RFP, RFQ) and there are no solicitation documents available. A contract or purchase order is proposed for the product(s) or service(s) identified below. Indian River County, FL, intends to negotiate and award a PO or contract to the vendor indicated. Any responses received as a result of this Notice shall be considered solely for the purpose of determining whether an equivalent product or service can be provided by alternative source(s), which may warrant a competitive solicitation. Responses will NOT be considered as proposals, bids or quotes. PRODUCT/SERVICE REQUIRED: EleGARD Patient Positioning System DESCRIPTION: The EleGARD Patient Positioning System is intended to assist in elevating the head and the thorax of a patient from a supine position into a multi-level elevated position with the head above the thorax and the thorax above the lower body and extremities. The EleGARD System is reported to be the only device that positions the patient for CPR and airway management and raises the patient into multi-level elevation positioning to support the practice of the Elevated CPR method in the pre -hospital and hospital settings. The County considering the purchase of twelve (12) systems consisting of: EleGARD device, LUCAS Series 3 Backplate, two (2) Li Ion batteries, one (1) battery charger, one (1) Carrying Case and instructions for use. 25 INTENDED SOLE/SINGLE SOURCE CONTRACTORNVENDOR: AdvancedCPR Solutions through MedAlliance Group, Inc. ' ' • ' • 1XV-41-11 JUSTIFICATION FOR SOLE/SINGLE SO R No other similar product is known to exist RESPONSE TO SOLE/SINGLE SOURCE: FirmsNendors who are capable of providing an equivalent product and/or service as stated herein may submit the following, in writing: Company Name, address, point of contact, contact information (phone #, email, etc.) and statement, description and/or capability to provide an equivalent product/service. Responses shall be submitted to the Point of Contact shown above, by or before the due date provided herein. Responses received after the provided due date shall not be considered. ATTACHMENT: Sole Source Letter 26 ADVANCEDCPR S O L U. .T 1 O; N S March 19, 2021 Indian River County Fire Rescue Attention: Steve Greer, Captain Training, EMS QA/Q1 4225 43rd Ave Vero Beach, FL 32967 Dear Captain Greer: Re: Sole Source for EIeGARD"' System The purpose of this letter is to provide you with the information you requested about the availability of the EIeGARD Patient Positioning System. The method of delivering ElevatedCPR®, or device assisted head up CPR as it is sometimes referred to in the scientific literature, and the EleGARDTM Patient Positioning System were developed and broadly patented by AdvancedCPR Solutions® LLC. AdvancedCPR Solutions through its authorized logistics and invoicing partner, Med Alliance Group, Inc. is the sole source for the EIeGARD Patient Positioning System. Please let me know if additional information is required. Best regards, d�lti Patricia W. Faris Director, Operations Cc: Melissa Bahr 5201 Eden Avenue Suite 300 Edina, MN 55436 office. 763.259.3722 27 MED Alliance , GROUP, INC 2175 Oakland Drive Sycamore, IL 60178 Phone: (888) 891-1200 Fax: (630) 599-1327 E-mail: orders@medalliancegroup.com ADVAN+CEDCPR S. © L U T '1 Q N S'" The Science of Saving Lives l Bill to Name Indian River County Fire rescue Street Address 4255 43rd Ave Cit , State, Zip Vero Beach, FL 32967 Quote Quote Date: 8/25/2021 PO Number: Ship To Name Indian River County Fire Rescue Street Address 4255 43rd Ave City, State, Zip Vero Beach, FL 32967 ITEM NO DESCRIPTION Unit Price Qty Ext Price SYS-ELG-002 EIeGARD System 5,558.00 12 66,696.00 Contains: EIeGARD Device, LUCAS Series 3 Backplate, 2 LI Ion Batteries, 1 Battery Charger, 1 EIeGARD Carrying Case, 1 Instructions for Use SYS -COV -001 Disposable Cover, Non Sterile - DEV-ELG-002 EIeGARD Device without Accessories Replacement Parts: 30514 Carry Case - 30513 Neck Foam - ACC-ELG-002 Replacement Battery - ACC-ELG-003 Replacement Battery Charger - ACC-ELG-004 LUCAS Backplate - IFU Instructions for Use (Current Revision at time of shipment) - Quote Total Notes/Special Instructions Price quoted is FOB, Sycamore, IL. Freight will be prepaid by seller and added to the invoice. Quote is good for 30 Days Initial training and deployment support will be provided to you by ACS. Order will be shipped and invoiced by Med Alliance Group. MSRP is $7495. Estimated shipping for order is $525 66,696.00 Customer Contact Info: Sales Rep Contact Info: Name Captain Steve Greer Name Melissa Bahr Phone 772-226-3864 Phone 850-428-9551 Email sgreer(cDircgov.com Email melissabahr(a)elevatedcpr.com Ordering Instructions: Please place order with MED Alliance Group, Inc. MED Alliance Group, Inc 2175 Oakland Drive Sycamore, IL 60178 888-891-1200 phone - 630-599-1327 fax M INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 10, 2021 TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Extension and Modification to Bid 2020051- Annual Bid to Furnish and Deliver Polymer BACKGROUND: On September 15, 2020, the Board awarded annual bid 2020051 to Polydyne, Inc. for polymer, which is used at wastewater treatment facilities to cause the suspended solids to conglomerate, facilitating dewatering. The term of the award was October 1, 2020, through September 30, 2021, with the option for two additional one-year renewals. The Board also authorized the Purchasing Division to renew the bid for two additional one-year periods at the same terms and pricing. In response to our request to exercise the first renewal, Polydyne has agreed, but contingent upon a price increase, which they state is necessitated by increased raw material and trucking costs. DISCUSSION: Polydyne is requesting an 11.3% increase to the bid price, from $9.890/gallon to $11.008/gallon (from $1.15/lb to $1.28/lb). Staff has been satisfied with the product and service provided by Polydyne, and accepts their justifications for the price increase. Staff has reviewed the results of recent bids by other Florida agencies for polymer, and find Polydyne's proposed price to be lower than current bid prices. FUNDING: Funds for polymer are in the Wastewater Treatment Chemicals account (47121836-035230), which are part of the Utilities operating funds. Utilities operating funds are generated from water and sewer sales. RECOMMENDATION: Staff recommends the Board approve the modification to the bid price and extend the award, effective October 1, 2021. Staff also recommends the Board authorize the Purchasing Manager to renew this bid at the same rates for an additional one (1) year period at the same rate and terms, RX subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of the County. ATTACHMENT: Polydyne Request for Price Adjustment 30 SNF RESPONSIBLE CHEMISTRY Emailed: sball@ircgov.com August 17, 2021 Ms. Shelby Ball Indian River County 180027 th Street Vero Beach, FL 32960 polydyne.snf.com Subject: Extension of Contract; Bid No. 2020051— Annual Bid to Furnish and Deliver Polymer Dear Ms. Ball: Polydyne Inc. would like to thank you for the opportunity to renew our supply agreement. While we are pleased to extend, we must request a reasonable price adjustment for the renewal period. Over the last several months, Polydyne Inc. has seen continued increases in raw material costs in response to the tight supply and high demand of these materials. Two key cost drivers of polymers, propylene and acrylonitrile, have seen substantial increases. Propylene is up 140% over the last year and acrylonitrile is up 100% over this same period. Please see attached corresponding price graph. Trucking shortages only further compound these cost increases. Average long-distance trucking rates have increased more than 21% over the last year. Please see attached PPI for General Freight Trucking. These freight increases have impacted our costs for both receiving raw materials to our manufacturing facilities and for delivering finished polymers to our customers. Lastly, for your review, please find attached the most recent PPI — Producer Price Index for Plastics material and resins mfg. (Series ID: PCU325211325211), which reflects an increase of 46.1%. Effective October 1, 2021 through September 30, 2022, we propose to supply CLARIFLOC SE -1213 at the proposed price of $1.28/Lb. ($11.008/Gallon). We greatly appreciate your business and look forward to continuing to supply the County. If you have any questions regarding this proposal, please feel free to contact Chris Cherp, Technical Sales Representative, at (941) 961-3998. If this proposal is acceptable to the County, please send notification via email to Bids@polydyneinc.com. Sincerely, Y Senior Vice- re ent:--' Attachments SNF Polydyne • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659 31 s CL L 0 MEL N O N O N O N � e3� N 0; N Cj 0 C Lo + I I{ + c CD64 i i c+►� } jj i 1 40 E t otfl < CO ICT N O 000 do �- O t5 O C Ef? Ef} EH Ef} EA Ei! ER C N L E c A L � a Cl N L c� G LL _ N c c� sz O d U N D O Z U a U O ami Q cn Irn a� CD N _ O O = N � � U L a L Q a f0 cL G C O �- U o QE Nco U = V c g o ma m O V L iM- �4) V ARA V/ ■OMME O J ._ .�C V L Low LL i 4) 4) 0.. 0. m co . CL N N LL W "7r o I' Q CDN Q M r 3 i I, l 0 o a rn (0 M O 000 LO 'd N. O U.S. BUREAU OF LABOR STATISTICS Databases, Tables & Calculators by Subject Change Output Options: From: To: include graphs ❑indudeannusl More Formatting Optionsa■i► averages Data extracted on: August 12, 2021 (10:29:53 AM) PPI Industry Data Series 1d: PCU325211325211 Series Title: PPI industry data for Plastics material and resins mfg, not seasonally adjusted Industry: Plastics material and resins mfg Product: Plastics material and resins mfg Base Date: 198012 Download:.�c lir Jan Feb Mar Apr May Jun Jut Aug Sep - Oct Nov Doc 3011 253.0 259.7 264.7 271.0 282.6 281.9. 2805 216.6 279.1'27.3.7 276.0 271.1 2012 275.9 279.6 283A 283.9 283.1 280.3 .0 3775 274.0 2769 276.9 276.3 2013 283.1 287.7 290.9 289.4 287.1 288.1 287.1 2882 288.8 289.2 29L3 :2913 .3014 294.7 297.8 300.0 301.1 3005 29$.2. 3002 302.8 X4.0 307..1 3113.2 295.7 2036 285.4 280.8 274.0 273.2 274.1 275.6 MA 270.7 254.5 26L41260.2 2612 2016 256.7 255.4 254.3 254.0 257.2 260.1 259.9 2'.0.5 250.7 26333 2 258.1 2017 260.1 265.1 2692 273.8 274.1 272.9 78.8 280.3 270.3 269.9 2725 2772 'VU - 201i 275.1 278.0 282.7 275.21278.0 280.7 285.1 288.0: 289.0 292.6 ndA 29L4 286.8 2822 2019 276.5 275.8 273.9. 273.9 275.7 M2- - 272.7 273.1 273.3 273.8 271.2 266.1 2030 265.7 259.6 1 26&6 255.8 :249.0 25L 254.5. 252.3 2722 273.6 279.1 2421 2875 300 A 326.7 349.4(P) 351.1(P) 364.8d 371.8(P) P; Preliminary. All indexes are subject to revision four months after original publication. all -OW U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:! -202-691-5200_ Federal Relay Service:! -800-877-8339_ www.bis.gov Contact Us 34 0" INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 14, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Excess Equipment as Surplus and Disposal Authorization 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 identified with "SELL" will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. Items highlighted in green and identified as "XFER-SD" have been recommended for donation to the Sheriff's Department. FUNDING: There is no cost to the County associated with this request. RECOMMENDATION: Staff recommends the Board declare the items on the Excess Equipment List for 092121 Agenda as surplus, and authorize their disposal, as indicated. 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Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Annual Bid 2022005 for Liquid Aluminum Sulfate BACKGROUND: The Department of Utility Services requested the solicitation of annual bids to furnish and deliver aluminum sulfate (liquid alum), used in wastewater and biosolids treatment facilities to aid in the settling of the biosolids in the clarifiers. The additional settling reduces the total phosphorus in the treatment facility's final effluent, and ensures compliance with FDEP permits. The current bid, awarded to ChemTrade on September 11, 2018, expires on September 30, 2021. The term of the new annual bid is October 1, 2021, through September 30, 2022, with the option for two additional one-year renewals. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Obtained by: Replies: August 10, 2021 September 3, 2021 413 Subscribers 5 Vendors 4 Vendors Firm Location Unit Price per gallon Total Annual Cost at estimated 70,000 gallons Chemtrade Chemicals US LLC Parsippany, NJ $0.7573 $53,011 C&S Chemicals Marietta, GA $0.935 $65,450 Univar Solutions USA, Inc. Kent, WA $0.99 $69,300 Thatcher Chemical of Florida, Inc. Salt Lake City, UT $1.035 $72,450 ANALYSIS: The low bid represents a 10% increase in per gallon price of $0.689 from the previous bid. The Department has reviewed the bids and recommended award to Chemtrade Chemicals US, LLC, as the lowest, responsive and responsible bidder. FUNDING: Funds necessary to purchase the liquid alum will come from the accounts listed below in the 2021/2022 budget, which are funded by water and sewer sales. Account Number Account Description Requested 47121836-035230 WWTF Chemicals $85,000 47125736-035230 Sludge Chemicals $30,000 RECOMMENDATION: Staff recommends the Board award Bid 2022005 to Chemtrade Chemicals US LLC, and authorize the Purchasing Division to issue blanket purchase orders for the period of October 1, 2021 through September 30, 2022 with the recommended bidder. Staff also recommends the Board authorize the Purchasing Manager to renew this bid at the same rates for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of the County. 39 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 13, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Extensions and Modifications to Staffing Agreements with HireQuest Direct BACKGROUND: HireQuest Direct was awarded two bids by the Board. Bid 2021008 for Temporary Staffing was awarded on January 19, 2021, and bid 2021017 for Day Laborers was awarded on February 2, 2021. The term of the agreement with HireQuest Direct for temporary staffing expires on September 30, 2021, with two one-year renewals available. Staff has determined renewal of this agreement to be in the best interest of the County. This agreement is anticipated to be primarily utilized for temporary staffing needs that would fall under federal grants. The term of the agreement for Temporary Day Laborers expires on December 31, 2021, with two one year renewals available. Staff has determined renewal of this agreement to be in the best interest of the County. This agreement provides workers to perform flagging, mowing, and other general labor activities, primarily for the Road and Bridge Division. Due to the pending 15.6% increase to Florida's minimum wage from $8.65 to $10, HireQuest Direct has requested increases to their bid prices as shown on the tables below. Staff agrees the requested changes to both pricing agreements are appropriate. Bid 2021008 —Temporary Staffinp- Services 40 Administrative Support - General Administrative Support - Advanced Labor Support Current Bid Pricing $14.00 $19.50 $12.75 Requested Bid Pricing $15.25 $20.75 $14.42 Increase 8.9% 6.4% 13.1% 40 Bid 2021017—Temaorary Dav Laborers FUNDING Funding for work under Bid 2021008 for Temporary Staffing will vary by using department and funding source, but is anticipated to come primarily from grant funding, such as FEMA PA grants. Funding for Bid 2021017 for Temporary Day Laborers will primarily come from the Road and Bridge Other Contractual Services account, 11121441-033490. RECOMMENDATION Staff requests the Board of County Commissioners approve the First Extensions and Amendments to the Agreements and authorize the Chairman to execute them after the County attorney has approved them for content and legal sufficiency, and upon receipt and approval of required insurance by Risk Management. ATTACHMENTS First Extension and Amendment — 2021008 Temporary Staffing First Extension and Amendment — 2021017 Temporary Day Laborers Request for Increase — 2021008 Request for Increase — 2021017 41 General Labor Hourly Rate FDOT-MOT Certified Flagger Labor Hourly Rate Current Bid Pricing $12.55 $13.00 Requested Bid Pricing $14.22 $14.67 Increase 13.3% 12.8% FUNDING Funding for work under Bid 2021008 for Temporary Staffing will vary by using department and funding source, but is anticipated to come primarily from grant funding, such as FEMA PA grants. Funding for Bid 2021017 for Temporary Day Laborers will primarily come from the Road and Bridge Other Contractual Services account, 11121441-033490. RECOMMENDATION Staff requests the Board of County Commissioners approve the First Extensions and Amendments to the Agreements and authorize the Chairman to execute them after the County attorney has approved them for content and legal sufficiency, and upon receipt and approval of required insurance by Risk Management. ATTACHMENTS First Extension and Amendment — 2021008 Temporary Staffing First Extension and Amendment — 2021017 Temporary Day Laborers Request for Increase — 2021008 Request for Increase — 2021017 41 FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR TEMPORARY STAFFING SERVICES This First Extension and amendment to that certain Agreement to provide temporary staffing services is entered into effective as of September 21, 2021, by and between Indian River County, a political subdivision of the State of Florida ("County") and HireQuest Direct ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Temporary Staffing services effective January 19, 2021; and WHEREAS, Article 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of January 19, 2021 and will expire on September 30, 2021; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one-year period; and WHEREAS, the parties desire to amend the bid prices as referenced in Article 4 — Contract Price; NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective October 1, 2021 and shall end on September 30, 2022; one additional renewal term is available beyond this first renewal. 3. Exhibit A Pricing is amended to reflect Administrative Support — General at $15.25 per hour; Administrative Support — Advanced at $20.75 per hour, and Labor Support at $14.42 per hour, effective September 30, 2021. 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 42 IN WITNESS WHEREOF, the parties have caused this First Extension and Modification to be executed effective the day and year first set forth above. HireQuest Direct INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Joseph E. Flescher, Chairman Title: (Corporate Seal) Date: Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 43 FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR TEMPORARY DAY LABORERS This First Extension and amendment to that certain Agreement to provide temporary day laborers is entered into effective as of September 21, 2021, by and between Indian River County, a political subdivision of the State of Florida ("County") and HireQuest Direct ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Temporary Day Laborers services effective February 2, 2021; and WHEREAS, Article 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of February 2, 2021 and will expire on December 31, 2021; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one-year period; and WHEREAS, the parties desire to amend Article 4 — Contract Price; NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective January 1, 2022 and shall end on December 31, 2022; one additional renewal term is available beyond this first renewal. 3. Exhibit A Pricing is amended to reflect General Labor Hourly Rate at $14.22 and FDOT- MOT Certified Flagger Labor Hourly Rate at $14.67, effective September 30, 2021. 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 44 IN WITNESS WHEREOF, the parties have caused this First. Extension and Modification to be executed effective the day and year first set forth above. HireQuest Direct INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Joseph E. Flescher, Chairman Title: (Corporate Seal) Date: Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: . Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 45 1 IN WITNESS WHEREOF, the parties have caused this First. Extension and Modification to be executed effective the day and year first set forth above. HireQuest Direct INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Joseph E. Flescher, Chairman Title: (Corporate Seal) Date: Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: . Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 45 Sept10,1121 RE: Temporary Staffing Services Bid # 2021008 The Right People aill4l ight'lrth4i To Our Valued Customer: Indian River County As you may know, on November 3, 2020, Florida voters passed Amendment 2, which will, over a number of years, increase Florida's minimum wage to $15.00 per hour. The next increase will occur September 30, 2021, when Florida's minimum wage increases from $8.6S per hour to $10.00 per hour. To help absorb a portion of the mandated increase in operating costs, we at HireQuest Direct are requesting a bill rate increase, effective September 30, 2021. Effective September 30, 2021, we are requesting the following increase: Labor Support: $1.67 Admin Support General: $ 1.2S Admin Support Advanced:1.5 Please sign and return this new agreement to replace the existing rates agreed upon. Thank you for your understanding and we will continue to strive to earn your loyalty. Yours in Service, Chris Edick Chris.edick_ hireguestllc.com Regional Manager HireQuest Direct Received and accepted by: Date: 4200 54th Avenue North► • *. Pa19• K 33714 Phone: 727-525-6800 Fes; www.hirequest-dirWi:t,CO it 46 1 h Sept 10, 2021 Hj, - •; � •• RE: Annual Bid for Day Labor Bid # 2021017 To Our Valued Customer: Indian River County 4� As you may know, on November 3, 2020, Florida voters passed Amendment 2, which will, over a number of years, increase Florida's minimum wage to $15.00 per hour. The next increase will occur September 30, 2021, when Florida's minimum wage increases from $8.65 per hour to $10.00 per houf. To help absorb a portion of the mandated increase in operating costs, we at HireQuest Direct are requesting a bill rate increase, effective SeptemberSk-W,21. , Effective September 30, 2021, we are requesting the following increase: General Labor. $1.67 . Flagger: Please sign and return thisnew thto ai u .... rates Breed pon: Thank you foryour'ynderstanding and we will continue to strive to earn your loyalty. Yours in Service, Chris Edick Chris.edickPhirewuestlic.com Regional Manager HireQuest Direct Received and accepted by: Date: 4200 54th Avenue North St. P * erg, FL$t Pho�e: 727-525-6800 • 4:1�t 7*-j54W 'www.hirequest-d m., ' tY;. 4. 47 a INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 10, 2021 TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Annual Bid 2022004 for Sulfuric Acid BACKGROUND: The Department of Utility Services requested the solicitation of annual bids to furnish and deliver sulfuric acid, which is used to treat water before it is fed into the RO membranes at the County's water treatment plants. The current bid, was awarded to Shrieve Chemical Company on October 2, 2018, with the current term expiring on September 30, 2021. The term of the new annual bid is October 1, 2021, through September 30, 2022, with the option for two additional one-year renewals. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Obtained by: Replies: August 10, 2021 September 3, 2021 147 Subscribers 8 Vendors 3 Vendors Total Annual Cost Unit Price at estimated Firm Location per gallon 169,000 gallons Shrieve Chemical Company, LLC The Woodlands, TX $1.83 $309,270.00 Sulfuric Acid Trading Company, Inc. Tampa, FL $2.283525 $385,915.73 ANALYSIS: The low bid represents a 45% increase in per gallon price of $1.26 from the previous bid, and the high bid is 73% higher than their previous bid. The Department has reviewed the bids and recommended award to Shrieve Chemical Company, LLC, as the lowest, responsive and responsible bidder. FUNDING: Funds for sulfuric acid are budgeted in the Water Production Chemicals account (47121936- 035230) in the operating fund. Operating funds are derived from water and sewer sales. The Fiscal Year 21-22 budget included $217,000.00 for sulfuric acid. RECOMMENDATION: Staff recommends the Board award Bid 2022004 to Shrieve Chemical Company, LLC, and authorize the Purchasing Division to issue blanket purchase orders for the period of October 1, 2021 through September 30, 2022 with the recommended bidder. Staff also recommends the Board authorize the Purchasing Manager to renew this bid at the same rates for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of the County. 49 M September 21, 2021 ITEM 8 Consent INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 13, 2021 SUBJECT: Blanket Travel Authorization for Commissioners, County Officers, and Staff for Fiscal Year 2021-2022 (October 1, 2021, through September 30, 2022) FROM: Ed Offutt, Commissioners' Assistant DESCRIPTION AND CONDITIONS: Commissioners sit on committees that sometimes require out -of -County travel (for example, Treasure Coast Regional Planning Council and Treasure Coast Sports Commission). Additionally, Commissioners, County Officers, and Staff may need to travel out -of -County for the following purposes: 1. to attend legislative conferences, policy conferences, and meetings scheduled by the Florida Association of Counties, National Association of Counties, and local/regional legislative programs; 2. to meet with State Representatives, State Senators, and State Agencies such as the Department of Environmental Protection and Department of Transportation, among others; and 3. to lobby for the County's various projects (and associated grants), legislative priorities, or other proposed legislation. FUNDING: Funding for this travel has been included in the Fiscal Year 2021-2022 budget. RECOMMENDATION: Approval is recommended for Commissioners, County Officers, and Staff to travel out -of -County for current and future assigned committee meetings; Florida Association of Counties, National Association of Counties, and local or regional legislative conferences or programs; and approved lobbying efforts, including travel to Tallahassee when necessary. 50 EtiVEl,� Office of the z INDIAN RIVER COUNTY ADMINISTRATOR LORD Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: September 7, 2021 SUBJECT: Authorization to Attend FGFOA and GFOA Annual Conferences and FGFOA School of Government Finance In the County Administrator's approved budget for the 2021-2022 Fiscal Year, the Board approved the Administrator's request to attend the Government Finance Officers Association Annual Conference, the Florida Government Finance Officers Association Annual Conference, the Florida Government Finance Officers Association School of Governmental Finance and the quarterly meetings of the Treasure Coast Chapter of the Florida Government Finance Officers Association. The County Administrator is hereby confirming authorization to attend the 2021 FGFOA School of Governmental Finance; the 2022 GFOA Annual Conference; the 2022 FGFOA Annual Conference; and the quarterly meetings of the Treasure Coast Chapter of the Florida Government Finance Officers Association. Funding was included and approved in the 2021/2022 FY budget in General Fund/County Administrator/All Travel acct# 00120112-034020 and General Fund/County Administrator/ Tuition/Registration acct# 00120112-035430. 51 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Brian Freeman, AICP MPO Staff Director DATE: September 10, 2021 SUBJECT: Appointment of Board of County Commissioners Representative and Alternate to the MPO Bicycle Pedestrian Advisory Committee It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 21, 2021. DESCRIPTION AND CONDITIONS This agenda item is to consider the appointment of an applicant to fill the position of Board of County Commissioners representative on the MPO Bicycle Pedestrian Advisory Committee (BAC). The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following are the names of qualified applicants for this position, whose resumes are available for review in the Commissioners' Front Office area: • Angela Speck • Solana Morris Both applicants are active in the local bicycling community. Angela Speck submitted an application to be the BCC representative to the Bicycle Pedestrian Advisory Committee (BAC). Solana Morris applied to be her alternate and would attend in her absence. The BAC typically meets once each quarter. RECOMMENDATION Staff recommends that the Board review the resumes and applications of Angela Speck and Solana Morris and appoint Angela Speck as the Board of County Commissioners representative to the MPO Bicycle Pedestrian Advisory Committee and Solana Morris as the alternate. 52 M4 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator, , THROUGH: Phil Matson, AICP; Community Development Director FROM: Scott McAdam, Building Official DATE: September 10, 2021 SUBJECT: Request to Waive Bid Process for�Supplemental Building Inspection_ Services for Fiscal Year 2021/2022 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 21, 2021. DESCRIPTION & CONDITIONS For the past number of years, the County has relied on supplemental building inspection services to handle increased inspection loads even as the County continues to seek hiring additional inspectors. The County does not have existing bid awards with any such companies, and therefore is limited to authorizations of $75,000 per company unless the Board waives the bid process. As a result, for the past six fiscal years the Board has approved waiving the bid process fb qualified supplemental building inspection service providers. Because authorizations per company will exceed the $75,000 limit during the 2021/2022 fiscal year, staff is again seeking Board approval to waive the bid process for this fiscal year. ANALYSIS The Building Division continues to experience a steady increase in permit and inspection activity. This increased demand and the desired level of customer service have created the need for increased inspections which are unable to be met by current staffing. The County has advertised and diligently searched for additional inspectors, with some ''success, although a full team of inspectors has not yet been filled. Staff has confirmed that many Florida counties are still in the same difficult hiring situation and some jurisdictions have significant unfilled position vacancies. In fact, supplemental providers are also having difficulty fulfilling demand and. it is in the County's interest to have a pool of supplemental providers to use. Staff is currently working. on increasing the pool of supplemental providers. It is anticipated that the County will need to continue relying on supplemental inspection services during the newly started fiscal year. Accordingly, the County has budgeted $850,000 for such services for fiscal year 2021/2022. 53 Currently, the County uses the services of GFA International by piggy -backing off of a contract for inspection services with the Town of Jupiter and uses the services of Calvin, Giordano & Associates by piggy -backing off of a contract for inspection services with the City of Cape Coral. The County also uses the services of MT Causley via a purchase order based on an agreement executed by the Building Division dated August 18, 2018. Staff is requesting the Board to approve the two year renewal set forth in Amendment One to extend the agreement through September 2023, subject to a cost of living increase. Staff is requesting Board permission to waive the formal bidding process for fiscal year 2021/2022 for MT Causley, GFA International, Calvin, Giordano & Associates, and other qualified supplemental providers as needed. In addition, staff requests that the Board authorize the Purchasing Manager, after approval by the Budget Office, to approve purchase orders and change orders for authorized firms up to the available budgeted amount. FUNDING The County has budgeted $850,000 for such services for fiscal year 2021/2022 in account 44123324-033470 Building Division/Contracted Labor Services. RECOMMENDATION Staff recommends that the Board waive the bid process requirement for supplemental building inspection services for the 2021/2022 fiscal year, the Board to approve the two year renewal set forth in Amendment One to extend the agreement through September 2023, subject to a cost of living increase, and authorize the Purchasing Manager, after approval by the Budget Office, to approve purchase orders and change orders for authorized firms up to the available budgeted amount. 54 Consent Item 9P Indian River County, Florida Department of Utility Services Board Memorandum Date: September 13, 2021 To: Jason E. Brown, County Administrator From: Terry Southard, Operations Manager Through: Matthew Jordan, Interim Director of Utility Services Subject: Fee Agreement with Gunster, Yoakley & Stewart, PA Background and Analysis: On December 3, 2019, the Board of County Commissioners (BCC) approved of a fee agreement with Hopping Green & Sams, PA for services to prepare and review the Consumptive Use Permit (CUP) application and materials for the Indian River County Department of Utility Services (IRCDUS). Descriptions and Conditions: Staff has been working with attorney Eric T. Olsen in regards to these matters. At this time, the work related to IRCDUS' CUP is ongoing. However, staff has received notice from Hopping Green & Sams that as of September 1, 2021, Eric T. Olsen is transitioning to a different law firm and as of that date, Hopping Green & Sams will no longer have staff qualified to handle these matters. Therefore, staff is requesting permission to continue work with Eric T. Olsen and the firm of Gunster, Yoakley & Stewart, PA on matters related to the CUP. Attachment 1 contains the proposed fee agreement. Funding: Funds in the amount of $30,000.00 for this project are derived over the current as well as the next fiscal year's other professional services budget (Account Number 47121936-033190) in the Utilities operating fund. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Other Professional Services FY 20-21 47121936-033190 $10,000.00 Other Professional Services FY 21-22 47121936-033190 $20,000.00 Recommendation: Staff recommends that the Board of County Commissioners approve the fee agreement with Gunster, Yoakley, & Stewart, PA for services to assist staff in the renewal of the Indian River County Department of Utility Services Consumptive Use Permit, and authorize the Chairman to execute the agreement on their behalf. Attachments: 1. Fee Agreement 55 GUNSTER FLORIDA'S LAW FIRM FOR BUSINESS Writer's Direct Dial: (850) 521-1739 Writer's E -Mail Address: eolsen@gunster.com September 13, 2021 EMAIL (MJORDAN@IRCGOV.COM) Mr. Matt Jordan Indian River County Department of Utility Services 180127 th Street Administration Building A Vero Beach, FL 32960 Re: Engagement of Gunster, Yoakley & Stewart, P.A. Client Name: Indian River County — Department of Utility Services Matter Name: Consumptive Use Permitting/Water Supply Issues Dear Mr. Jordan: Thank you for selecting Gunster, Yoakley & Stewart, P.A. ("Gunster" or the "Firm") to represent Indian River County ("Client") as legal counsel in connection with the above -referenced matter. The purpose of this Engagement Letter and the attached "Terms and Conditions" is to confirm the scope, terms and conditions of our representation. The scope of our Firm's representation is limited to assisting Indian River County in obtaining renewal of consumptive use permit from St. Johns River Water Management District and addressing other water supply -related issues (this "Matter"). We may agree to further limit or expand the scope of our representation from time to time, provided that we confirm any such changes in writing. Our only client in this Matter is Indian River County, and our Firm will not be representing any other entity or person in connection with this matter. I, Eric Olsen, will be the attorney who has primary responsibility for the management of this engagement. We will charge a reasonable fee for our services rendered on an hourly basis. My current standard hourly rate is $485.00. The rates of any additional attorneys that may assist us with the Matter will range from $350 to $650 per hour. And the paralegal who assists us will be billed at $300 per hour. In addition to this fee, I will be responsible for the Firm's regular disbursements and charges incurred in connection with this engagement, as set forth in the attached Terms and Conditions. Our hourly rates are subject to change from time to time. 215 South Monroe Street, Suite 601 Tallahassee, FL 32301-1804 p 850-521-1980 f 850-576-0902 GUNSTER.COM 56 Boca Raton I Fort Lauderdale I Jacksonville I Miami I Orlando I Palm Beach I Stuart I Tallahassee I Tampa I Vero We are not currently requiring an Advance Fee Deposit for this matter. Should the circumstances or activities in this representation require it, however, we may require an Advance Fee Deposit in the future, as described in the attached Terms and Conditions. Similar to the engagement letter we had with Hopping Green and Sams ("HGS"), we have added a provision to this Gunster engagement letter by which Indian River County waives any conflict of interest that would relate to Gunster representing current and future Gunster clients in matters before the County, including possible litigation that may arise from or is related to such matters, as well as in eminent domain matters in which the County is a parry — except that Gunster agrees not to represent any entity adverse to the County's Utility Services Department or the County's Solid Waste Disposal District in any subsequent litigation, proceeding, or transaction arising out of or related to this current Matter (similar limitations as in the HGS engagement letter). You requested that we commence our work immediately even before you have signed this letter agreement. By accepting our services, you agree to pay for such services on the terms discussed in this Engagement Letter and in the attached Terms and Conditions. If you do not agree with this arrangement, please notify me immediately, so we can stop all work. We ask that you please do the following at your earliest convenience: Review this Engagement Letter and the attached "Terms and Conditions" for the terms of our representation; If this Engagement Letter and the attached "Terms and Conditions" meet with your approval, please sign this letter in the space provided below and return to us via e-mail. Should you have any questions or concerns about our service, work product, billings, or any other aspect of our engagement, please let me know immediately so that we may address the situation and best respond to your needs. On behalf of our Firm, thank you for selecting Gunster to represent you. We appreciate your confidence in assigning us this important matter and we look forward to assisting you. Sincerely, Eric T. Olsen Enclosures 57 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES HAS REVIEWED AND AGREES TO THE ATTACHED "TERMS AND CONDITIONS" AND THIS ENGAGEMENT LETTER: Signature Printed Name Date 58 CONFLICT DATABASE INFORMATION In connection with the Matter, we have searched our conflict database information for the following parties: Names of Client/Affiliated/Related Parties: Indian River County — Department of Utility Services Names of Adverse/Opposite Parties or potential Opposite Parties: St. Johns River Water Management District Indian River County Soil and Water Conservation District If any of the names above are incorrect, or there are individuals or entities which we have missed and should include in our conflict review and database, please let us know immediately so that we may correct any mistakes or omissions. 59 TERMS AND CONDITIONS To simplify the language in these "Terms and Conditions," Gunster, Yoakley & Stewart, P.A. is referred to as "we," "our," or "us." The person or entity being provided the legal services is referred to as "you" or "your." Your Cooperation. You agree to be candid and cooperative with us and to promptly provide us with complete and accurate factual information and all documents and other communications relevant to the subject matter of our representation. You agree to keep us informed of all relevant developments and to cooperate fully with us as we may otherwise reasonably request. Affiliates. Because of the dynamic and extensive nature of the ownership interests of individuals and companies owning or partially owning or controlling other entities or enterprises, and the challenges that are thereby created with respect to identifying potential conflicts of interests, it is our general policy that, to the extent permitted by the Florida Rules of Professional Conduct and unless you ask us to do otherwise, we do not regard a person, an organization or other legal entity that may be affiliated with you (such as a corporate parent, subsidiary, or other entity in which you have an ownership or other interest) to be a client of our firm unless we have also established an express attorney-client relationship with that other entity through a written agreement. Delegation of Services. Our attorneys, law clerks, paralegals, planners and information specialists have varying areas of expertise and amounts of experience and different billing rates. Our goal is to render the best legal services we can in the most efficient and cost-effective manner. Therefore, the attorney in charge of your particular matter may assign different members of our firm to perform various services for you in connection with your matter. Advance Fee Deposits. Advance Fee Deposits will be kept in our non-interest bearing trust account on your behalf during our representation of you, which we may withdraw in our discretion to pay any disbursements as incurred and for any fees and services which have not been paid when due. At the termination of our representation in this matter, the deposit will be applied to any outstanding amounts on the final statement. To the extent you owe us money for other matters handled for you, you hereby authorize us to apply any balance to those matters as well. Any remaining balance, after payment of all fees and costs due to us, will be returned to you. Should your Advance Fee Deposit fall below a level acceptable to us, you will replenish it up to the original amount. We may request an additional Advance Fee deposit in the future, depending upon the level of activity involved with your matter. The Advance Fee Deposit is not an estimate of our total legal fees or a cap on our legal fees. For Advance Fee Deposits made by credit card, please be advised that a standard processing fee of 2.95% will be charged for Visa/MasterCard/Discover payments and 3.11% for American Express payments. The processing fee will be recorded as a reduction to the Advance Fee Deposit. For example, if a $10,000 Advance Fee Deposit is charged on a Visa card, your trust account will reflect a balance of $9,705. There will be a standard two (2) day hold on all credit card charges. Fees; Billable Rates. Unless we agree otherwise in writing as to a specific matter, we will perform our legal services on an hourly rate basis. Currently, our hourly rates range from $295 60 per hour to $1,200 per hour for all legal services performed by the firm's attorneys, and our hourly rates for paralegals, law clerks, planners or information specialists range from $42.50 to $525 per hour. In addition, we charge $340 per hour for investigative services performed by an in-house investigator. Our hourly rates take into consideration the individual's professional background and other relevant factors. Our fees may be adjusted by additional amounts to reflect the reasonable value of our services where objectively justified based upon: (a) the unique or unusually complex nature of any particular matter handled, (b) any special expertise required, (c) expedited time constraints and (d) other similar considerations. Any estimate we provided may also be affected by these same circumstances. Our hourly rates are subject to change from time to time. Disbursements and Additional Charges. We will bill you for the direct costs and service charges that are incurred for your particular matter(s), including such things as: filing fees, postage (including regular, certified, registered or expedited mail, or any other type of delivery by common carriers, such as UPS, Federal Express, or the like), courier services, imaging costs (including scanning, photocopying and printing of documents), teleconferencing services, inter - LATA or international calling tariffs, deposition costs, travel costs, and the fees and expenses of experts or consultants, if needed. We charge for certain additional services we render, including computerized database access and usage (e.g., Lexis, Westlaw, PACER, Dun & Bradstreet, and other information databases), special word processing and after-hours or extraordinary secretarial or accounting services, and the receipt and transmission of facsimiles. These matters will be shown on each invoice. Certain cost items, described above, such as imaging costs, are provided as in-house services by us and the per page non -color imaging charge ($0.15 per page) is based upon a reasonable allocation of our overhead costs directly related to those services. Similarly, our computerized database charges are based upon direct vendor access/ usage charges, which can vary from time to time based upon monthly volume -of -usage discounts that the firm has negotiated with various providers, and passes on to you as available. We are constantly striving to maintain these charges at rates which are lower than those maintained by others in our markets. Monthly Billing. Except for disbursements paid from any Advance Fee Deposit described above, we bill fees, disbursements and other services on a monthly basis and payment is due within 15 days of receipt. If you make no comment about a statement within 15 days of its date, we will assume that you have reviewed it and find it acceptable. Interest on Late Payments; Collection Expenses. We will charge interest at the rate of 12% per year on invoice amounts which are not paid within 30 days of the invoice date. If you fail to pay any amount owing to the firm, you will also be responsible for all collection expenses incurred by us, including costs and a reasonable attorney's fee, whether or not commencement of litigation is required. No Assi nment. Because our relationship with you is personal in nature, it is agreed that our duties to you and your resulting rights or claims shall not be assignable or assigned to another person or entity and, unless we expressly agree otherwise in a writing signed by you and us, no third party shall be or is considered as a beneficiary of our services for you. 61 Jurisdiction and Venue. You: (a) agree that any suit, action or legal proceeding arising out of or in connection with this agreement may be brought only in a Florida federal district or Florida state circuit court located in the Florida county from which the majority of our services (based upon attorney time) were provided, (b) consent to the jurisdiction of each such court in any suit, action or proceeding, (c) waive any objection which you may have to the laying of venue of any such suit, action or proceeding in any of such courts, and (d) agree that service of any court paper may be effected upon you by mail or in such other manner as may be provided under applicable laws or court rules in Florida. E -Mail. We will use e-mail to communicate with you and other parties in this matter and to transmit and receive documents and other communications. E-mail is subject to some potentially significant security and confidentiality risks. If you do not wish for us to use e-mail in connection with your matter, please let us know as soon as possible. Retention and Disposition of Documents. At your written request, following the termination of our engagement and upon our receipt of your payment for all outstanding fees and costs, we will return to you all papers and other property that you provided to us. We may retain our own files pertaining to this matter. However, we reserve the right, in our sole discretion and without further notice, to destroy or otherwise dispose of documents, data, or other materials related to or generated on account of the representation within a reasonably short time after the termination of our engagement in connection with each and any matter. Termination. You may terminate our services and representation at any time upon written notice. Likewise, if at any time we find that we are unable to continue representing you, we will notify you in writing. We reserve the right to terminate our representation if payment is not received within 30 days of the date of a statement, and you agree not to contest our withdrawal from any court or administrative proceeding if payment has not been received within 30 days of the date of a statement. Unless otherwise terminated, your engagement of our firm in connection with this matter will terminate upon our sending you our final statement for services rendered in connection with this matter. After termination of our services and representation, we will prepare a final statement. Post -Engagement Matters. You have engaged us to provide legal services in connection with a specific matter. After completion of this matter, changes may occur in applicable laws, regulations, facts or circumstances related to your matter that could impact your future rights and liabilities. Unless you separately engage us after completion of this matter to provide additional advice on issues arising in the future, we will not be responsible for advising you or updating you on such issues and changes in applicable laws, regulations, facts and circumstances. Statements of Professional Judgment. At the commencement and during the course of our representation, we may express opinions or beliefs concerning this matter, alternative courses of action, or results that might be anticipated. Though we shall endeavor to provide conscientious, competent and diligent services, and at all times seek to achieve results that are just and reasonable, due to the uncertainty of all legal matters, we cannot, and therefore do not, warrant, predict or guarantee results or the final outcome of this matter. The payment of our fees and expenses is not contingent or dependent upon any such successful consummation or result. 62 Additional Services We Provide. Frequently, we produce and mail advisories and newsletters or post information on our Website that may offer timely insights and updates on a variety of issues. These issues range from land use, labor and employment, intellectual property, tax, corporate governance and regulatory matters to estate planning. We conduct seminars on a variety of topics at various locations. Information received through these advisories, newsletters and seminars is not to be considered as legal advice for any particular matter for which you may have employed our services. Entire Agreement. These Terms and Conditions, the Engagement Letter and any joint representation agreement (if applicable) to which these Terms and Conditions is attached represent the entire agreement between you and us regarding this matter and supersede all other negotiations, understandings and representations (if any) made by and between us. No change or waiver of any of the provisions of this engagement shall be binding on either you or us unless the change is in writing and signed by both you and us. 63 CONFLICT OF INTEREST WAIVER As we have discussed, Gunster currently represents several private companies and individuals in connection with various regulatory and transactional matters before Indian River County — Department of Utility Services (the "County'). Gunster also anticipates representing additional clients in similar matters in the future, including possible litigation that may arise from or is related to such matters, as well as in eminent domain matters in which the Indian River County is a party (the "Gunster Clients"). These matters are (or will be) wholly unrelated to the proposed representation in this Matter for the County. We have consulted with you regarding the conflict of interest that would arise through our representation of the County in this Matter and have explained the implications and material risks of our simultaneous representation of the Gunster Clients with respect to other unrelated matters. As we have discussed, the primary risks arising from this type of conflict circumstance are that: (1) the representation of one client may be materially limited or less than zealous or eager due to the representation of the other client, and (2) the potential that one client's confidences or secrets may be disclosed to the other and used adversely against the first. We believe that Gunster will be able to provide competent and diligent representation to the County and to the Gunster Clients without resulting in any adverse impacts on our relationships with either the County or the Gunster Clients. The law does not prohibit these representations and Gunster' representation of the County and the Gunster Clients will not involve the representation of both sides in the same proceeding. Under these circumstances, we believe that a waiver of the conflict of interest and the County's consent to our representation of current and future Gunster Clients in matters before the County or litigation arising out of or related to such matters would be ethically permissible. It is our understanding that, after considering the advantages, disadvantages and material risks of the proposed conflict waiver as well as the reasonably available alternatives to providing the consent that we have requested, the County has agreed (1) to provide its Informed Consent to Gunster' representation of the Gunster Clients, (2) to waive the resulting conflict of interest, and (3) that Gunster may represent current and future Gunster Clients in matters before the County, provided, that (i) this conflict waiver shall not extend to or cover any representation by Gunster that is adverse to the Indian River County Department of Utility Services (IRCDUS) or the Solid Waste and Disposal District (SWDD) in any subsequent litigation, proceeding, or transaction arising out of or related to this Matter, and (ii) further, that in the event the County revokes its consent or declines to consent in future matters to Gunster' representation of a Gunster Client, the County agrees that Gunster will have the right to immediately terminate its representation of the County in this Matter and that Gunster may continue to represent the Gunster Clients in matters before the County. Subject to this limitation, you agree that Gunster may actively and zealously represent the Gunster Clients' interests in other matters consistent with our obligations to all of our clients. We request that you sign this waiver acknowledging that you have received it, agree with the understandings contained herein and consent to our representation as described herein and discussed with you. As we have discussed, this is an important issue that deserves your careful 64 consideration. You should consult with counsel other than Gunster before making the decision to sign this letter. If you desire to consult with independent counsel concerning these matters, we would be happy to work with any counsel that you designate for this purpose. Finally, this will also confirm that before undertaking the representation of the County in this Matter, we will obtain a similar acknowledgement and consent from all Gunster Clients. Agreed to this day of , 2021: Signature Printed Name 65 j INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resource Manager SUBJECT: Work Order No. 2018029-7 APTIM: Sector 5 Additional Dune Planting - Dune Vegetation Services DATE: September 10, 2021 DESCRIPTION AND CONDITIONS On April 3, 2018, the Board approved a contract with APTIM Environmental & Infrastructure, LLC (Aptim) for professional coastal engineering and biological support services related to the management and restoration of the Sector 5 (City of Vero Beach) beach project area. The Sector 5 project area is a 3 -mile section of shoreline that extends just north of Tracking Station Beach Park south to the Gables Oceanfront Condominiums. The Sector 5 project area sustained damage from Hurricane Matthew (2016), Hurricane Irma (2017) and Hurricane Dorian (2019). In response to the damage, the County completed the Sector 5 Beach and Dune Restoration Project in the winter of 2020 in order to maintain protection to upland properties and infrastructure. Additional FEMA Funding was made available to the County for future storm mitigation efforts pertaining to the Sector 5 Beach and Dune Restoration Project in order to aid in the preservation of the dunes through additional planting of native dune vegetation. The proposed Work Order No. 2018029-7, in the amount of $48,021.00, provides professional services in support of dune vegetation design, plans and specifications, construction administration, and certification of completion of the Sector 5 Additional Dune Planting Project. Staff worked with APTIM to reduce Work Order No. 2018029-7 costs where possible and feasible. FUNDING Funding for Work Order No. 2018029-7 APTIM: Sector 5 Additional Dune Planting - Dune Vegetation Services in the amount of $48,021.00 is budgeted and available in the Beach Restoration Fund, Hurricanes Matthew, Hurricane Irma and Hurricane Dorian Account - Sector 5, No. 12814472-066510-17001. Account Name I Account No. I Amount Sector 5 Beach Renourishment 1 12814472-066510-17001 1 $48,021.00 RECOMMENDATION M The recommendation of staff is for the Board to approve Work Order No. 2018029-7, in the amount of $48,021.00, with APTIM Environmental & Infrastructure, LLC, and to authorize the Chairman to sign on behalf of the County. ATTACHMENT 1. Work Order 2018029-7 Execution Agreement 2. APTIM Work Order No. 2018029-7 APPROVED AGENDA ITEM FOR: SEPTEMBER 21, 2021 67 WORK ORDER NUMBER 2018029-7 SECTOR 5 ADDITONAL DUNE PLANTING SERVICES This Work Order Number 2018029-8 is entered into as of this day of , 2021 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 5 (Vero Beach) Beach and Dune Renourishment Project entered into as April 3, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, LLC ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY Lo , P.E. Title: Director of Operations Date: By: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 68 APTIM September 7, 2021 Mr. Eric Charest Indian River County Public Works - Coastal Division 1801 27th St. Vero Beach, FL 32960 Subject: Indian River County, FL Sector 5 — 2018029 — Work Order #7 Dune Vegetation Services Dear Eric: Aptim Environmental & Infrastructure, LLC. 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM) to provide professional services to Indian River County (the County) in support of dune vegetation services for the Sector 5 Beach and Dune Restoration Project (R-70 to R-86) in Indian River County, which was completed in February 2020. The scope of work described herein is to support the County by developing a dune vegetation plan that will enhance the Sector 5 project by providing additional dune vegetation services. The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee was developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated April 3, 2018, to provide engineering and biological support services in support of the Sector 5 Beach and Dune Restoration Project (RFQ# 2018029). Task 1. Dune Vegetation Design, Plans & Specifications Updates Scope of Work The County has requested that the density of the dune vegetation currently in place be doubled. APTIM engineers and biologists will develop a dune vegetation planting plan to maximize the number of plants that can fit in the recently constructed dune with a design that promotes growth and survivability. Dune vegetation is proposed for the entire length of the dune project. Dune vegetation will provide additional storm damage protection by stabilizing the constructed dune and enhance the aesthetic quality of the dune. Dune vegetation also traps windblown sand, which promotes natural dune growth. Vegetation will be planted on the slopes and crest of the new dunes. Plants used in the vegetation design will be native salt tolerant dune species common to the east coast of Florida. Dune vegetation will be designed using native plants that adheres the Florida Department of Environmental Protection (FDEP) guidelines to assist in maintaining the integrity of the dune and reduce erosion. APTIM will update the construction plans and technical specifications that will provide the necessary details to the Contractor to construct the project, establish payment criteria, and adhere to the permit conditions. It is assumed that the front-end documents will remain the same and the technical IRC Sector 5 — 2018029— WO#7: Dune Vegetation Services 69 APTIM specifications will be incorporated without duplication or conflict in terms and conditions Deliverables APTIM will provide the County an electronic version of the draft plans and specifications for the County's review and comments. Once finalized, we will submit one (1) hardcopy of the construction plans (11 "X17") and technical specifications (8.5"x11") to the County. We will also submit an electronic copy of the final version of the construction plans and technical specifications to the County. Schedule This task will begin upon approval from the County to proceed with this work order. It is anticipated that 30 days will be required to complete the dune vegetation design. At such time, a draft design will be provided to the County for its review and comments. Once approved by the County, the Sector 5 Plans and Specifications will be updated within 10 days to address any County comments. Task 2. Construction Administration and Certification APTIM will provide project management of technical, environmental and administrative tasks necessary to administer the project dune vegetation planting. A representative will observe the dune planting and provide observation reports. Deliverables APTIM will provide observation reports following dune planting observations. After completion of vegetation planting, APTIM will prepare a project certification report. Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. An overall fixed schedule cannot be developed as the Contractor's schedule is unknown. APTIM will attempt to execute each phase of the work in as expeditious a manner as possible. Summary The total lump sum cost to perform the proposed work described herein for Sector 5 — 2018029 — Work Order #7 is $48,021. Please refer to Exhibit A, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order from the County (unless stated otherwise in the schedule). APTIM will strive to execute each phase of the work within budget and in as expeditious a manner as possible. We will coordinate with the County if deviations from the scope, schedule or budget arise due to unforeseen issues or circumstances. IRC Sector S — 2018029— WO#7: Dune Vegetation Services 70 APTIM Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Nicole S. Sharp, P.E Coastal Restoration Modeling Program Manager Aptim Environmenta & Infrastructure, LLC IRC Sector 5 — 2018029— WO#7: Dune Vegetation Services Client Authorized Signature Printed Name Title 71 m F L V �F N N N r o S o C. S o S 6 S ' c '' o ro o 0 Ono V C o U ai C-4 n N Cl) OD v N U> U) Uf V1' Vi fia Vf Vs Vi Vl� us V> F» cA Vi Uf O ~ O N oo 1 N I /7 8 J = 'O C O O O O' O S ' , O_ C O O 7 O O O (D m, N N n O N N U)N Mo O O 'c - U E U_ beH r C d O U 1A W fA Vi 0% 61 ,0 Vi V! !1! V) V) V) 19 Vs M Vr 0 O O N N n ` O 0 � N 0 SSS S S o Leio ' g m t0 Ono_ N N O O N O N C O F- N co O) U1, U> en ui V> V) V-, Vi Vs I fn (A 03,1031.61%1 Vs Vi m S S S . S S S S S S O O S C . . O .d.. to O O 0] N t0 IO in 0 N Ui O O V) lO Of O OD O 1O O N O O OD n W N ci -� V9. Wi V► W. Vi Vi Vi V► 1/1. V) W.J. V► EH Vi fH O` a O 2 O N O yNy C Nyy C ONOS� C Ol O`p O J W C C O__ D �0 « O) C O v i O E N W W W 41 y V ,�j -U l0 O w U, 07 y r N .� W O O O Y O L N — O U J Q C 2 U 0 0 0 O N N'D Q O .� y 0( O CL ain000 UCS CD V)0 101- � N m F L V �F N N N r M J LL EL V c Z ° c Y c Qi Q: 0 O w + ON co o TA, 0 C) o O O O o rn O o O co 0 N IRT F- G N d O O O H N ti O >= N M O t6 ti O L L O J N O o.2 LL y N .�.. C OO V (� p� o 0 0 ;� LLO N M d CD O i � 0 N LO I- 00 �> O L O •- Cfl N f 0 to 00 rrt 0 c �.. (� is U c O E M UO . Z v 1C ca Q `= N N 0 U II d L N O 1� d loor N r- Z v' m H H Q ~ M J LL EL V c Z ° c Y c Qi Q: 0 O w + ON co o TA, 0 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., P.E., Public Works Director James Ennis, P.E., Assistant Public Works Director FROM: Kirstin Leiendecker, P.E., Roadway Production Manager SUBJECT: Change Order No. 1 66th Avenue over North Relief Canal Bridge IRC -1505 DATE: September 14, 2021 DESCRIPTION AND CONDITIONS On April 6, 2021 the Board of County Commissioners awarded Bid No. 2021018 to Halley Engineering Contractors, Inc. (HEC) for roadway improvements for 66th Avenue from 49th Street to 69th Street in the amount of $32,728,137.85. A notice to proceed was issued on June 1, 2021 with a contract time of 750 days to final completion. Change Order No. 1 is to incorporate HEC's proposal to construct the 66th Avenue bridge over North Relief Canal based on the redesign of the foundations, substructure and superstructure as a lump sum amount less the redesign cost incurred from the Engineer of Record for the redesign. Two major benefits to the redesign will be upgrading the bridge structure to 2021 standards (in lieu of 2015) and changing from a prestressed/post tension single deck superstructure design to a prestressed Florida Slab Beam (FSB) design which will allow the bridge to be opened to traffic in phases. This will result in a $55,000 reduction to the contract amount, for a new total of $32,673,137.85. The redesign for the amount of $55,000.00 was approved by the Board on August 17, 2021 under Amendment No. 19 with Arcadis U.S., Inc. to the Indian River County Civil Engineering and Land Surveying Agreement for Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street. Indian River County and the Florida Department of Transportation (FDOT) have entered into a Transportation Regional Incentive Program (TRIP) grant and the FDOT has approved Change Order No. 1. FUNDING Change Order No. 1 is a reduction of $55,000 to the contract with HEC and therefore, no additional funding is required. 74 RECOMMENDATION Staff recommends approving Change Order No. 1 authorizing the $55,000.00 reduction to the contract with HEC. The new total contract price will be $32,673,137.85. ATTACHMENTS Change Order No. 1 AGENDA ITEM FOR SEPTEMBER 21. 2021 75 SECTION 00942 - Change Order Form DATE OF ISSUANCE: 07/29/2021 IRC -1505 No. 01 EFFECTIVE DATE: 09/21/2021 OWNER: Indian River County CONTRACTOR Halley Engineering Contractors, Inc. Project: 66TH AVENUE ROADWAY WIDENING (49TH STREET TO 69TH STREET) OWNER's Project No. IRC -1505 OWNER'S Bid No. 2021018 FM No.: 436379-1-54-01 & 436379-1-54-02 You are directed to make the following changes in the Contract Documents: Description: Incorporate Contractor's Proposal to re -design the foundations, substructure and superstructure of the proposed bridge — 66th Avenue Over North Relief Canal. The following terms and conditions related to the approval of the Contractor's proposal have been agreed to by Indian River County (IRC) and Halley Engineering Contractors, Inc. (HEC): IRC has reviewed the HEC proposal design concepts in conjunction with the Florida Department of Transportation (FDOT) and has determined that the concepts are valid with respect to the Contract Documents. • IRC, HEC, FDOT agree that IRC will proceed with development of HEC's concepts, based upon the following: - Concept is based upon HEC's preliminary drawing dated 6/10/2021 (attached as Exhibit "A") and letter dated 6/3/2021 (attached as Exhibit "B"). - Reduction in the number of piling. - Reduction in the number of bridge bents. - Elimination of the transverse post -tensioning. - Design refinement may result in additional construction detail modifications without affecting the aesthetic view of the structure, provided the final design will meet the design criteria shown in the plans. • IRC will engage the original Bridge Engineer of Record — Wantman Group Incorporated, (Subconsultant to ARCADIS) to prepare the revised design at a total cost of $ 55,000.00. HEC and IRC agree that the redesign engineering cost will be deducted from the Contract. HEC accepted this change as a lump sum contract and agrees that IRC is not responsible for any additional quantity changes or overruns that the revised design may incur. • IRC and HEC agree that the value of any collateral savings will be approximately the same as the costs incurred by the IRC to process and implement HEC's proposed changes. Therefore, there will be no net collateral savings to be shared by IRC and HEC. • The payment structure for the bridge items listed in Exhibit "C" will be changed to lump sum. The lump sum amount for the new pay item will be determined by adding together all the total pay items valued for the bridge pay items provided in the original contract as detailed in Exhibit "C" and PAGE 1 OF 4 76 IRC -1505 deducting cost for the redesign engineering of $ 55,000.00. Payment for the new lump sum pay item will be in accordance with the schedule of values attached copy labeled Exhibit "D". • No additional compensation will be provided when the Engineer determines that an overrun to an existing pay item not deleted by the Change Order for HEC's proposal occurs solely as a result of the Contractor's proposal. • No additional compensation will be provided when the Engineer determines that a new item of work not discussed herein is needed solely as a result of HEC's proposal. • HEC will be provided an opportunity to thoroughly review the revised bridge plans and design before they are finalized. After the revised bridge plans and design have been finalized, incorporating/ addressing all of HEC's comments, no additional compensation will be provided to HEC for errors and omissions as a result of the revised bridge plans and design. • IRC will accept all responsibility for the removal costs of any "man-made" objects that are encountered during installation of any piers that remain in the original planned locations, persistent to the original terms of the Contract. • HEC will be responsible for any overrun of piling required as a result of the revised bridge plans and design, excluding unforeseen subsurface conditions. • HEC has not made any modifications to the Maintenance of Traffic and general stipulations included in the contract documents as originally bid as a result of the proposed changes. Any required modifications will be submitted for approval prior to implementation, and the cost shall be the responsibility of HEC. • IRC to provide the required drawings, calculations, applications and fees for any environmental permits or modifications to existing environmental permits solely necessary for the design and/or construction method modifications. • IRC is committed to providing a 90% design and plans to HEC within 45 calendar days. HEC will have 21 calendar days to provide comments. IRC will provide 100% plans within 30 calendar days after receipt of comments from HEC. HEC will then have 21 days to provide final comments. IRC will provide the final design and plans within 15 calendar days after receipt of the final comments. • HEC shall waive its rights to claim for any costs associated with utility conflicts resulting from HEC's proposed design changes. • HEC shall provide a schedule of values in the same level of detail as the original contract for the purposes of estimating monthly payments. As a result of the above stated terms and conditions, modify the contract pay items as follows: Delete the following existing contract pay items: Item Number Description Unit Quantity Unit Cost Amount 131- 1A NRC B 12450-88-15A -PRESTRESSED LF 672 $473.00 $317,856.00 PRECAST DECK UNITS (15" x 4'-5" x 14'-0") 132 -1A NRC B 12450-88-15B -PRESTRESSED LF 56 $473.00 $26,488.00 PRECAST DECK UNITS (15" x 4'-8" x 14'-0") 133 - 1A NRC B 12450-88-15C PRESTRESSED LF 816 $525.00 $428,400.00 PRECAST DECK UNITS (15" x 4'-5" x 34'-0") PAGE 2 OF 4 77 IRC -1505 Item Number Description Unit Quantity Unit Cost Amount 134 - 1A NRC B 12450-88-15D PRESTRESSED PRECAST DECK UNITS (15" x 4'-8" x 34'-0") LF 68 $525.00 $35,700.00 135 - 1A NRC B 400-2-4 - CLASS II CONCRETE FOR CLOSURE POURS BETWEEN DECK UNITS CY 59 $1,575.00 $92,925.00 136 - 1A NRC B 415-1-4 - REINFORCING STEEL LB 3,546 $2.00 $7,092.00 137 - 1A NRC B 521-5-4 - CONCRETE TRAFFIC RAILING BARRIER (32" VERTICAL SHAPE) LF 125 $105.00 $13,125.00 138 - 1A NRC B 521-5-1 - CONCRETE TRAFFIC RAILING BARRIER (32" F SHAPE) LF 125 $105.00 $13,125.00 139 - 1A NRC B 460-70-2 - ALUMINUM PEDESTRIAN BULLET BARRIER RAILING LF 250 $37.00 $9,250.00 140 - 1A NRC B 460-70-3 - CONCRETE TRAFFIC RAILING BARRIER (SHOULDER) WITH SPREAD FOOTING (INDEX NO. 410, SHEET NO. 5 OF 22) LF 76 $525.00 $39,900.00 141 - 1A NRC B 400-2-5 - CLASS II CONCRETE FOR PILE CAPS CY 216 $1,575.00 $340,200.00 142 - 1A NRC B 415-1-5 - REINFORCING STEEL LB 40,250 $2.00 $80,500.00 143 - 1A NRC B 455-34-3 - 18" SQUARE x 75'-0" MINIMUM (TEST PILE - ABUTMENT) LF 75 $525.00 $39,375.00 144 - 1A NRC B 455-34-3A - 18" SQUARE x 60'-0" MINIMUM (ABUTMENT) LF 1,980 $32.00 $63,360.00 145 - 1A NRC B 455-34-38 - 14" SQUARE x 30'-0" MINIMUM (WING BENT) LF 360 $32.00 $11,520.00 146 - 1A NRC B 455-34-3C -18" SQUARE x 100'-0" MINIMUM (TEST PILE - INTERMEDIATE BENT) LF 100 $525.00 $52,500.00 147 - 1A NRC B 455-34-3D -18" SQUARE x 60'-0" MINIMUM (DEBRIS PILE - INTERMEDIATE BENT) LF 120 $37.00 $4,440.00 148 - 1A NRC B 455-34-3E - 18" SQUARE x 85'-0" MINIMUM (INTERMEDIATE BENT) LF 3,230 $37.00 $119,510.00 149 - 1A NRC B 455-137 - PILE DYNAMIC LOAD TESTING LS 1 $525.00 $525.00 150 - 1A NRC B 455-133 - 8" x 8'-0" x 14'-0" SHEET WALL LF 560 $210.00 $117,600.00 151 - 1A NRC B 400-2-4A - CLASS II CONCRETE CY 164 $1,050.00 $172,200.00 152 - 1A NRC B 415-1-4A - REINFORCING STEEL LB 7,252 $2.00 $14,504.00 153 - 1A NRC B 400-2-10 - CLASS II CONCRETE LS 1 $94,000.00 $94,000.00 154 - 1A NRC B 415-1-9 - REINFORCING STEEL LS 1 $21,000.00 $21,000.00 155 - 1A NRC B 715-2117 - 4" DIAMETER PVC CONDUIT LF 630 $14.00 $8,820.00 156 - 1A NRC B 339-1 - MISCELLANEOUS ASPHALT SF 524 $250.00 $131,000.00 157 - 1A NRC B 530-3-3 - (ROCK RUBBLE) (CANAL EXCAVATION AS REQUIRED SHALL BE INCLUDED IN THE COST OF THE ROCK RUBBLE) TN 1,800 $95.00 $171,000.00 Total $2,425,915.00 IRC -1505 Add the following pay items and work to the contract: Added by 66th Avenue over North Relief Canal LS 1 $2,370,9i751 $2,370,915.00 cool I Bridge Contract Price with all approved Change Orders: $32,673,137.85 1 Reason for Change Order: The purpose of this Change Order is to incorporate the Contractor's proposal to construct the 66th Avenue bridge over North Relief Canal based on the proposed redesign of the foundations, substructure and superstructure as a lump sum amount minus the cost the County will incur for this redesign from their Engineer of Record (EOR). There are many benefits to the redesign, including upgrading the bridge structure to the 2021 standards (in lieu of 2015). Most importantly changing from a prestressed/post tension single deck superstructure design to a prestressed Florida Slab Beam (FSB) design will allow the bridge to be opened to traffic in phases. Constructing the bridge in two phases fulfills the contract requirement of always maintaining open lanes of traffic on 66th Avenue as the Contractor's MOT plan must accommodate. The net reduction to the Contract will be the redesign fee of $55,000.00, which the County will use to reimburse their EOR for the engineering costs to perform this revision. Attachments: (List documents supporting change) • Exhibit A: Halley Engineering Contractors, Inc. preliminary drawing dated 6/10/2021(1 Page) • Exhibit B: Letter for 66`h Ave over North Relief Canal Design Changes dated 6/3/2021(2 Pages) • Exhibit C: Contract Document List of Pay Items for North Relief Canal Bridge (2 Pages) • Exhibit D: Schedule of Values (1 Page) • Exhibit E: Change Order 01 Back-up Documentation (2 Pages) o Appendix A: Engineer's Estimate (1 Page) o Appendix B: Re -design Cost (2 Pages) CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $32,728,137.85 Net decrease of this Change Order: -$55,000.00 Contract Price with all approved Change Orders: $32,673,137.85 CHANGE IN CONTRACTTIMES Description Time Original Contract Time: (days or dates) Substantial Completion: Final Completion: Net increase (decrease) this Change Order: (days or dates) Substantial Completion: Final Completion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: Final Completion: ACCEPTED: RECOMMENDED: APPROVED: John Morris William R Adams, III, P.E. James Ennis, P.E. CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) PAGE 4 OF 4 79 W CD Q a Q H CO 2 X W O 0 I 0 0 0 O 31V17 M 0 HlYON — Y 30/7 WY JI OS — — — z O H -I Q J LU ,U..I V H m 0 LU O O CL C5 (� z� o w a � A z 0 2 � O W � U "Cr4 a a� w A Oa rrnn � z a c 6 10 U q �rL e�� loo rn o,^Z ZI+ Ld mIN n, m M ZI W v zI N R U H WI Mi W I U — Y 30/7 WY JI OS — — — z O H -I Q J LU ,U..I V H m 0 LU O O CL C5 (� z� o w a � A z 0 2 � O W � U "Cr4 a a� w A Oa rrnn � z a c 6 10 U q �rL e�� loo GRAHAM HEAVY CONSTRUCTION 2132 NW Settle Avenue Port St. Lucie, Fl. 34986 561-727-3939 June 3, 2021 Halley Engineering 13901 Northwest 118" Ave Medley, Fl. 33178 Attn John Morris RE: 66th Avenue Roadway Improvements IRC Project No. IRC -1505 FM No. 436379-1-54-01 & 436379-1-54-02 66' Avenue over North Relief Canal Design Changes Dear Mr. Morris I:FA:IIQIaM9-11 :E 5101 Cone Road P.O. Box 310167 Tampa, Fl. 310167 813-623-2856 Per our telephone conversation we will be proposing to IRC a design change in 66' Ave over the North Relief Canal. This change is being necessitated by the requirement to design the post tension bridge in phases as per the question and answers prior to bid time. The bridge as presently designed is to be constructed in a single phase. Prior to bid we looked at many options in this design and concluded that the best method would be to upgrade the bridge design and provide for the phasing of construction. Below will be the design modifications along with the benefits for the change 1. The bridge will remain the same length and width as presently designed with the same cross section for the canal. 2. All Roadway and bridge deck elevations will remain the same 3. The bridge will only be 2 spans (15'-50') versus the present design of 3 spans (15'- 35'-15'). This will eliminate one intermediate bent in the water. This will also reduce the chance debris clogging the canal by 50% due to the elimination of one intermediate bent. The drainage district would prefer no bents in the canal. On the 58th avenue bridge design we have a single span 53' bridge with beams and no bents in the canal. 4. We will change from the prestressed/post tension deck units with an asphalt topping to the prestressed Florida Slab Beam Design (FSB) with a 6" Reinforced Concrete topping a. Deleting the post tensioning will eliminate future maintenance problems caused by relaxation of the tendons and replacement of tendons if they fail. 81 EXHIBIT B - PAGE 2 b. Deleting the post tensioning will allow the bridge to be widened in the future much easier with the same type of superstructure construction c. Deleting the asphalt will eliminate future repairs and replacement of the asphalt on the bridge deck and a better joint system 5. We will change the design of the concrete sheeting behind the end bents to a steel sheet pile wall that was proposed on 431 Ave but was rejected for cost reasons. a. The reason for this change is the jetting of the concrete sheeting in the North relief canal would cause substantial water quality issues. Jetting is the only method that can be used to put in concrete sheeting. The steel sheets AZ12- 700 10' long can be driven behind the cap. The banks of the relief canal will be lined with concrete rubble to also protect from erosion. We will obtain the permit from the Indian River Farms Control District for these changes. These changes are consistent with other projects approved by the district. 6. We will design the bridge to the 2021 standards versus the 2015 standards it is presently designed under. 7. We will design the substructure caps and the bridge deck to be phased to allow for the maximum amount of bridge construction in the 1St phase of the project. This will allow just a small piece of the bridge to be constructed in the 21 phase of the project which will have the shortest construction time frame. 8. Cone & Graham would accept this as a lump sum contract and agree that no additional charges for this design change or quantity errors would be charged to the county based on this change. 9. We are proposing all these changes at a no cost change order to the county. We have a couple of options on how to facilitate this design change. 1. We can pay the engineer (WGI) for this Design build of the bridge a. IRC would have to cover the cost of the review of the design changes as we would have to submit the phasing plans for review under the original design. 2. IRC could deduct the cost of the redesign from WGI from our contract to reimburse WGI for their work. We would request a meeting as soon as possible to discuss these changes and the time to complete these changes in order to sequence construction. Sincerely, Randal Digitally signed by Randall Cropp Randy Cropp I C ro p p Date: 2021.06.03 Cone & Graham 08:15:08 04'00' East Coast Division Manager Cc: Bill Adams, P.E. Consor (wadams@consoreng.com) Kelly Cowger, P.E. Consor (kcowgeraconsoren .com) RE r-4 c •f �M cc I W J in W V 0 3 i� 4 WLn cT � 0 O YJ � H O LL _ LL O 00 a N O N W 6 Q Z ` m tD to W to a u z W Z OU UJ a o cicCL 8 8 8o8888S8.0 88 8888$888 $8 88 OR 'It Ncn Q MmvNig 8 gg cg �8 o N r, N CNq't N Q1 NN Ln u''iuNi C V~' eNY m m em -1 N M 000 M tM0 �~4 Ln a�-i fN� .d-1 d 4mN N O ` V► V! V/ V/ V1 V► V1 V/ N VF V! N V) Vf V► V1 V) V1 of Vs. N V1 V1 l'o V> H n L 00 LA L N N LOA N eW-� O N n p O N O N .-� l00 t�0 N N tD Op w N N p' Q1 M r/ ri V1 ri rl r1 fr; n 8 888$$8888 8 88 88888885 88 88 ppQ O O m r• Q M h d to N N ul rV 111 LnN n IA U1 O .-1 M O rl n M N N N iA N N V1 N N m N m LA N t` m n m N N O r1 O 1A N O 8 O OC c )A Y1 V1 o N O CJdi N V► N N uL V> Vf Vf V1 H VL V! V1 aJ? 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J Jit F=- Q% O x a ui j W o 0 3 z Q 0 OJ °° "-' v W> m �Z 0 5 1--x W O Z Z ('� Q J J J m W W CC CC D V< a t a Q m > W aV W CC Uui ~< LLOJ J > H== z= LL LL u 4A LU a - LLJ t- m W L" F f- CCQ_j S zcr0a CC CC 0a Q WWmu z Z� F -F Ci ViZZxZZo w Za Ln O W �Y+ V O OpC (r ~ t; zQ ¢ D u uj V x Q W vu� Z Z Z Z� '0 O t�i� CpC a Z Iq Qo�UULn L)ir Ix > c m � Q 1-4 ZN�4 V1 Q1 M O IA Q M O Vl t11 n� N .-i N p P/ N W ►+ M M +-� N N f V tOD M Q N .�-� Q 1-4 n J1 t!1 Q Q Q tt Q f+ x a It 00 0 0 cq 0 to E m O U K ProjectName: IRC -1 50566th Ave Road Widening (49th St - 69th St) SIDETRACKING SOV for NRC Bridge Commitment Item # Description of Work EXHIBIT D - PAGE 1 Unit Cost UoM Scheduled Scheduled Value Quantity n PH -1 Substructure (Piles + Sheeting) 383,000.00 LS 383,000.00 1.00 PH -I Substructure (Caps) 341,000.00 LS 341,000.00 1.00 PH -1 Rock Rubble 135,000.00 LS 135,000.00 1.00 PH -1 Superstructure 756,000.00 LS 756,000.00 1.00 PH -1 Approach Slab/Traffic Rail/Misc. Asphalt Concrete 230,000.00 LS 230,000.00 1.00 PH -11 Substructure (Piles + Sheeting) 136,000.00 LS 136,000.00 1.00 PH -11 Substructure (Caps) 58,000.00 LS 58,000.00 1.00 PH -11 Rock Rubble 38,000.00 LS 38,000.00 1.00 PH -11 Superstructure 233,915.00 LS 233,915.00 1.00 PH -11 Approach Slab/Traffic Rail/Misc. Asphalt Concrete 60,000.001 LS 60,000.001 1.00 2,370,915.00 M Page 1 of 2 CHANGE ORDER BACK-UP DOCUMENTATION FIN No.: 436379-1-54-01 & 436379-1-54-02 Contract No: IRC -1505 Change Order No.: 01 Amount -$55,000.00-and 0 Days Title of Issue Incorporate Contractor's Proposal to re -design the foundations, substructure and superstructure of the proposed bridge — 66th Avenue Over North Relief Canal. Entitlement Analysis The purpose of this Change Order is to incorporate the Contractor's proposal to construct the 66th Avenue bridge over North Relief Canal based on the proposed redesign of the foundations, substructure and superstructure as a lump sum amount minus the cost the County will incur for this redesign from their Engineer of Record (EOR). There are many benefits to the redesign, including upgrading the bridge structure to the 2021 standards (in lieu of 2015). Most importantly changing from a prestressed/post tension single deck superstructure design to a prestressed Florida Slab Beam (FSB) design will allow the bridge to be opened to traffic in phases. Constructing the bridge in two phases fulfills the contract requirement of always maintaining open lanes of traffic on 66th Avenue as the Contractor's MOT plan must accommodate. The net reduction to the Contract will be the redesign fee of $55,000.00, which the County will use to reimburse their EOR for the engineering costs to perform this revision. II. Time Analysis The Contractor is not pursuing any time nor is time warranted for this change. III. Engineer's Estimate a. Basis of Estimate The Engineer's Estimate totaling $2,370,915.00 was based on the original contract unit prices for all pay items related to the construction of the North Relief Canal Bridge ($2,425,915.00) less the cost of the engineering re -design of $55,000.00. b. Estimate The Engineer's Estimate for the re -design of the North Relief Canal Bridge resulted in the amount of -$55,000.00. This price includes all mark-ups and no bonding. Refer to Appendix "A" for a breakdown of the Engineer's Estimate and Exhibit "C" for the backup documentation. c. Contractor's Quote The Contractor's quote is a zero -dollar ($0.00) Change Order with the cost of the re -design from WGI, Inc. (Subconsultant to ARCADIS U.S., Inc.) to be removed from the contract for Indian River County to reimburse WGI, Inc. for their work. d. Final Disposition Since the Contractor's cost proposal in the amount of -$55,000.00 is the same as the Engineer's Estimate, the Engineer & the County have accepted the Contractor's price. :i Page 2 of 2 IV. CRS Coding 107 MOT: Modification of Maintenance of Traffic for pedestrians, boats, cars, bikes, etc. a. Avoidability Code: 0 - Unavoidable: No Remedial Action Required b. Cost Recovery Code: N - No Action Recommended c. Claim/Extend Limits Code: N — Neither V. Premium Cost Analysis There will be no premium costs involved with the re -design of the foundations, substructure and superstructure of 66th Avenue Over North Relief Canal Bridge. None of the costs are the result of rework, delay, or inefficiency, therefore none of the costs associated with this issue are considered premium. ❑x Agree ❑ Disagree Pursue Cost Recovery? ❑ Yes ❑x No VI. Statement of Claim Settlement Costs None VIII. Statutory Reason: This contract modification is being done in compliance with Florida Statute 337.11 (9), to make the project functionally operational in accordance with the intent of the original contract. VII. Federal Aid Participation Time: Zero (0) Days Cost: Decrease of Fifty-five thousand Dollars (-$55,000.00) ❑ Participating ® Non -Participating William R. Adams III, P.E. — Sr. Project Engineer Attachments • Appendix A: Engineer's Estimate (1 page) • Appendix B: Re -design Cost (2 pages) Date 87 APPENDIX A - PAGE 1 Total Cost of CO 01: -$55,000.00 *Refer to Exhibit C for backup documentation of unit cost RR ENGINEER'S ESTIMATE FIN No.: 436379-1-54-01 & 436379-1- 54-02 Contract No.: IRC -1505 Change Order 01- Redesign of 66th Avenue Bridge Over North Relief Canal July 7, 2021 Line Item unit Contract Number Item Description Meas Bid Qty Unit Price Amount 131 -1A NRC B 02450-88-15A - PRESTRESSED PRECAST DECK UNITS (15" x 4'-5" x 14'- LF -672.000 $473.00 -$317,856.00 11) 132 -1A NRC B 12450-88-15B - PRESTRESSED PRECAST DECK UNITS (15"x 4'-8" x 14'- LF -56.000 $473.00 -$26,488.00 133 -1A NRC B 2 LF -816.000 $525.00 -$428,400.00 134 -1A NRC B 12450-88-15D - PRESTRESSED PRECAST DECK UNITS (15"x 4'-8" x 34'- LF -68.000 $525.00 -$35,700.00 400-24 - CLASS II CONCRETE FOR CLOSURE POURS BETWEEN DECK 135 -1A NRC B UNITS CY -59.000 $1,575.00 -$92,925.00 136- 1A NRC B 415-1-4- REINFORCING STEEL LB -3,546.000 $2.00 -$7,092.00 137 - 1A NRC B 521-5-4 - CONCRETE TRAFFIC RAILING BARRIER (32" VERTICAL LF -125.000 $105.00 -$13,125.00 SHAPE 138 - 1A NRC B 521-5-1 - CONCRETE TRAFFIC RAILING BARRIER 32" F SHAPE LF -125.000 $105.00 -$13,125.00 139 - 1A NRC B 460-70-2 -ALUMINUM PEDESTRIAN BULLET BARRIER RAILING LF -250.000 $37.00 -$9,250.00 140 -1A NRC B 460 -70 -0 -CONCRETE TRAFFIC RAILING BARRIER (SHOULDER) WITH LF -76.000 $525.00 -$39,900.00 SPREAD FOOTING INDEX NO. 410, SHEET NO. 5 OF 22 141 -1A NRC B 400-2-5 - CLASS II CONCRETE FOR PILE CAPS CY -216.000 $1,575.00 -$340,200.00 142 -1A NRC B 415-1-5 - REINFORCING STEEL LB -40,250.000 $2.00 -$80,500.00 143 -1A NRC B 455-34-3 - 18" SQUARE x 75'-0" MINIMUM TEST PILE - ABUTMENT) LF -75.000 $525.00 -$39,375.00 144 - 1A NRC B 455-34-3A-18" SQUARE x 60'-0" MINIMUM ABUTMENT LF -1,980.000 $32.00 -$63,360.00 145 - 1A NRC B 455-34-3B-14" SQUARE x 30'-0" MINIMUM NG BENT LF 1 -360.000 $32.00 -$11,520.00 146 - 1A NRC B 455-34-3C -18" SQUARE x 100'-0" MINIMUM (TEST PILE - LF -100.000 $525.00 -$52,500.00 INTERMEDIATE BENT 147 - 1A NRC B 455-34-3D -18" SQUARE x 60'-0" MINIMUM (DEBRIS PILE - LF -120.000 $37.00 -$4,440.00 INTERMEDIATE BENT 148 -1A NRC B 455-34-3E -18" SQUARE x 85'-0" MINIMUM INTERMEDIATE BENT LF -3,230.000 $37.00 -$119,510.00 149 -1A NRC B 455-137 - PILE DYNAMIC LOAD TESTING LS -1.000 $525.00 -$525.00 150 -1A NRC B 455-133 - 8" x 8'-0" x 14'-0" SHEET WALL LF -560.000 $210.00 -$117,600.00 151 -1A NRC B 400-24A- CLASS II CONCRETE CY -164.000 $1,050.00 -$172,200.00 152 -1A NRC B 415-14A- REINFORCING STEEL LB -7,252.000 $2.00 -$14,504.00 153 -1A NRC B 400-2-10 - CLASS II CONCRETE LS -1.000 $94,000.00 -$94,000.00 154 -1A NRC B 415-1-9 - REINFORCING STEEL LS -1.000 $21,000.00 -$21,000.00 155 -1A NRC B 715-2117 - 4" DIAMETER PVC CONDUIT LF -630.000 $14.00 -$8,820,00 156 - 1A NRC B 339-1 - MISCELLANEOUS ASPHALT SF -524.000 $250.00 -$131,000.00 157 -1A NRC B 530-3-3 - (ROCK RUBBLE) (CANAL EXCAVATION AS REQUIRED SHALL TN -1,800.000 $95.00 -$171,000.00 BE INCLUDED IN THE COST OF THE ROCK RUBBLE Added by CO 01 66th Avenue over North Relief Canal Bride LS 1.000 $2,370,915.00 $2,370,915.00 Total Cost of CO 01: -$55,000.00 *Refer to Exhibit C for backup documentation of unit cost RR /_1»:101 a]0:MWF-AWM BRIDGE REPLACEMENTS AND WIDENING OF 66THAVENUE FROM SOUTH OF SR 60 TO NORTH OF 57TH STREET IRC PROJECT NUMBER 1505 PROFESSIONAL CIVIL ENGINEERING & STRUCTURAL ENGINEERING SERVICES AMENDMENT NO. 19 TO THE PROFESSIONAL ENGINEERINGILAND SURVEYING SERVICES AGREEMENT BETWEEN ARCADIS US, Inc. (1ka ARCADIS G&M, Inc.), Inc. AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Engineering Services Agreement (AGREEMENT) dated September 6, 2005, between ARCADIS US, Inc. (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section III - Scope of Services", and "Section V - Compensation". Amendment Description This Amendment includes the following: "SECTION III - SCOPE OF SERVICES" is being modified to incorporate the following: Re -design of the 66th Avenue Bridge over the IRFWCD North Relief Canal. The re -designed bridge will eliminate the post -tensioning design and replace it with an FDOT Standard Florida Slab Beam System and will utilize FDOT 2021 design standards. "SECTION V - COMPENSATION" is being modified to incorporate the following: The COUNTY agrees to pay and the ENGINEER or agrees to accept for services rendered pursuant to this Agreement fees in accordance with the following: A. Professional Services Fee The Lump Sum mutually agreed upon by the ENGINEER and the COUNTY for services rendered shall be as follows and includes a 10% ENGINEER'S sub - consultant fee for coordination. North Relief Canal Bridge Re-Desien Services Structural Plans - WGI, Inc. $50,000.00 Subconsultant Coordination -Arcadis (10%) $ 5.000.00 TOTAL LUMP SUM FEES $55,000.00 Page 1 of 2 https:Hconsorengcom.sharepoint.com/sites/66thAveCEI-IndianRiverCounty/Shared Documents/Project Files/CONTRACT CHANGES/Change Orders/CO 01 North Relief Canal Bridge Design Change/Kirstin comments/66th AVE AMENDMENT 19 7-1-21.doc 89 APPENDIX B - PAGE 2 The AGREEMENT is hereby amended as specifically set forth here in. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 19 to the AGREEMENT regardless of where executed, shall be governed by, and constructed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this day of , 2021. ARCADIS US, INC. 1500 Gateway Boulevard, Suite 200 Boynton Beach, Fl. 33426 LN Robert Lawson, V.P. WITNESSED BY: County Attorney Approved as to Form and Legal Sufficiency Jason Brown, County Administrator INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher, Chairman Approved by B Attest: Jeffrey R. Smith, Clerk of Circuit Court By: Deputy Clerk Page 2 of 2 https://consorengcom.sharepoint.com/sites/66thAveCEI-IndianRiverCounty/Shared Documents/Project Files/CONTRACT CHANGES/Change Orders/CO 01 North Relief Canal Bridge Design Change/Kirstin comments/66th AVE AMENDMENT 19 7-1-21.doc 90 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Future 49th Street ROW — Stormwater and Aquifer Recharge Property Purchases - 2690 491h Street, Vero Beach, FL 32967 & 49th Street, Vero Beach, FL 32967 Owner: Calvin Arnold Bethel, Jr. DATE: September 15, 2021 DESCRIPTION AND CONDITIONS Calvin Arnold Bethel, Jr. owns three parcels totaling 8.88 acres. The properties are located along the north side of 49th Street, adjacent to the west of the FEC Railroad Tracks (269049th Street) in Indian River County. Staff recently approached William Moss, realtor for Mr. Bethel about purchasing the parcels. The property is zoned RM -6, Multiple Family Residential and has an L-2, CLUP designation. Public Works evaluated the property for right-of-way and Stormwater needs for the intersection improvements of 49th Street at Old Dixie and US -1 and determined that this would benefit the project. Additionally, Public Works discussed the property with Utilities as this property, along with the property already owned by the County adjacent to this parcel, and would benefit the County for aquifer recharge in the future. As such, Utilities and Public Works are partnering in the purchase of the property. This purchase agreement is contingent upon a "clean" Phase 1 Environmental Assessment of the Property forthe County's intended use. The County offered $370,000.00 to purchase the properties. After a few weeks of negotiations all parties agreed on $370,000.00 purchase price, and the County paying all closing costs estimated at $4,700.00. The County obtained an appraisal of the properties indicating a value of $320,000.00. FUNDING Funding will be split 50%/50% between Utilities and Optional Sales Tax, with the Optional Sales Taxfund payingthe additional $4,700 in closing costs. Funding in the amount of $189,700 is budgeted and available for the Optional Sales Tax portion, however funding for the Utilities portion will need to be provided from the fund's cash balance. Account Name Account Number Amount Optional Sales Tax/All Land-TMDL/Lagoon Treatment 31524338-066110-21006 $189,700.00 Utility Account 471-161002 $185,000.00 RECOMMENDATION Staff recommends the Board approve the Purchase Agreement in the amount of $370,000.00, with an estimated $4,700.00 in closing costs to be paid by the County for purchase of three parcels totaling 8.88 acres located at 2690 49th Street, Vero Beach, FL 32967 and 49th Street, Vero Beach, FI -32947, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement Maps APPROVED AGENDA ITEM FOR: September 21, 2021 91 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND CALVIN ARNOLD BETHEL, JR. THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2021, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Calvin Arnold Bethel, Jr. ("the Seller) who agree as follows: WHEREAS, Seller owns three properties located at 2690 49th Street, Vero Beach, Florida 32967, and 49th Street, Vero Beach, Florida 32967 and . A legal description of the properties is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is purchasing the property for future stormwater and aquifer recharge purposes; and WHEREAS in order to proceed with future stormwater and drainage plans, the County needs to purchase the properties along 49th Street; and WHEREAS, the County contacted the Seller's realtor, William Moss of Lambert Commercial Real Estate, Inc. to purchase the approximately 8.88 acres of property as depicted on Exhibit "A", and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcels of real property located at 2690 49th Street, Vero Beach, Florida 32967, and 49th Street, Vero Beach, Florida 32967 and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 8.88 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property'. 2.1 Purchase Price, Effective Date. The purchase price ('Purchase Price") for the Property shall be $370,000.00 (Three Hundred Seventy Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey by Special Warranty Deed marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ('Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within thirty (30) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period'. Seller shall use reasonable efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 3.2 This agreement is contingent upon a "clean" Phase 1 Environmental Assessment of the Property for the County's intended use. The Seller shall permit access to the County (or its agent) for such testing and examination needed for the Phase 1 Assessment upon reasonable notice by the County. At the conclusion of the Phase 1 Assessment, the property shall be returned to its original condition, ordinarywear and tearexcepted. County shall provide a copy of any such Phase 1 Environmental Assessment of the Property to Seller and County shall indemnify and hold Seller harmless from any damages, claims, or actions arising from or through County, or its agents, contractors and/or vendors access to the Property as granted herein. 4. Representations of the Seller. 4.1 To the best of Seller's knowledge and without further investigation Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 To the best of Seller's knowledge and without further investigation there are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ('Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a "Special" warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances "(except as noted or allowed)" and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any "monetary" encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or 94 instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes including non -ad valorem taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. Notwithstanding the foregoing and regardless of when the Closing of this transaction occurs, the Seller shall not be responsible to pay, 2021 real estate taxes including non -ad valorem taxes and special assessments which may accrue, become due and payable after the Effective Date of this Agreement. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or similar condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay all expenses at Closing: 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.1.4 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or "monetary" encumbrances upon the Property. 8.1.5 The estimated closing costs for this purchase transaction is $4,700.00. 9. Miscellaneous. 9.1 Controllinci Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the 95 parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Calvin Arnold Bethel, Jr. 4745 33rd Avenue Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall O, provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher, Chairman Calvin Bethel Arnold, Jr. Sign/Date Date Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 97 EXHIBIT "'A" Parcel Id #32-39-23-00000-3000-00020.0 — 2690 491h Street, Vero Beach, FL 32967 TheSoudwieat%ofthe Northwest.',f4b*WedoftheRi&ofWxydT Florida beat Coastlkaitway Company, less a Lot104feet Seat ate We *by 1:4006 1MOrth and Soutk as is Rtjoatd Book 186, at Pop 264, and less a lot 100 fie. Bfst and West by 100 Nm& &W Saoth as in official Remdo Book 527, at Page 406, b4 and being in Salton 23, 'Township 32 South, Rup 39" East, in the Publie Rocads of Indian River Cody, F'Wda. t:-�'`>( Thatpatt ofthe Plotth 35 acres of the Southwest 'A of the Northwest 14 lying West of tb*RiZMd WayofiLeFlorida East Coast Railway CompapyiASecttiW23,Tovio* 32 Sock RaM 39"K, Indian River County, Florida. LESS said property commencing at the southwest coum of dt0 nottlYiraat % of Section 23, North Township 32 South, Range 39 East; thence-------i'W est line of aforesaid Section 23, North 000 41' 54" West a distance 022 io.the North right-of-way line of Lindsey Road (49`b Street) and the point of beginning; thence proceed along the West line of Section 23, Nor&W 411 M" Went of Scetion 23 100 feet; thence departing said West line of Sedift $3, mttEdst'sift a lata parallel with the North line ofLindsey Road a distanceoi'IO"fect; thenos$palbtl0° 41' 54" Easton a lineparallel with the West line of See", '!X, o a point on the North right-of-waylineof Lindsey Road (49&Street),thencettmla Malongthe North right- of-way line of Lindsey Road 100.00 feet to the POW of beginning. M: Parcel Id #32-39-23-00000-3000-00021.0 — 49th Street, Vero Beach, FL 32967 Commencingat the Southwest corner oftheNorthwest % of Section 23, Township 32 South, Range 39 East; thence; proceed along the West line of said Section 23, North 00141'54" West 175.54 feet to the point of beginning; thence proceed along the West line of Section 23, North 00° 41'W' West 100.00 feel; thence departing said West line of Section 23 run East along a Line parallel with the north line of Lindsey Road a distance of 100.00 feet; thence South 00° 41'54" East on a line parallel with the West line of Section 23, 100.00 feet; thence west along a line parallel with the North Line of Lindsey Road 100.00 feet to the point of beginning. Said parcel lying and being in Indian River County, Florida and containing 0.23 acres more or less. Parcel Id #32-39-23-00000-3000-00022.0 — 49th Street, Vero Beach, FL 32967 Commencing at the SW corner of that part of the North 35 acres of the SW V4 of the NW '/4 lying West of the right of way of the Florida East Coast Railway, in Section 23, Township 32 South, Range 39 East, thence run East 100 ft. to the point of beginning, thence run East 100 ft. to a point; thence run North 100 ft. to a point; thence run West 100 ft. to a point; thence run South 100 ft. to a point along the Fast line of property previously sold to Earl Taylor by deed recorded in Official Record Book 186, Page 204, Public Records of Indian River County, Florida, said boundaries all being parallel to the section line and said land lying and being in Indian River County, Florida. 99 PLAT MAP !I l 00000 5 3 taco ccoct.D p 1000 .c Ikr 300w0o 3.1 01000 00030 D �\ 697 X 00004.0 3 g 00030 1000 M AC aee AC D000l.t �� ASSESSED M 1a+ K !I 22-32-39 I`2 9.23 A. 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YO IA yl,a 2 �• It, u91 49 - STREET .24 `3SA5 � LG". 7 R jj 00000 O 9 } 0 g _ _`# '000014 A° ,t 600o _T.�� .1 00002.0 ♦ 1 _ 4 4 35 161K P 1a �1 1.0 R AC WCEREROM PxG<t[tG Cq 100 AERIAL MAP 101 op INDIAN RIVER COUNTY, FLORIDA (` AGENDA ITEM f" Assistant County Administrator / ' .0 Department of General Services Library Services Division Date: September 14, 2021 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Elizabeth L. Stenger, Director of Library Services Subject: Indian River County Library System Certification of Credentials for Single Library Administrative Head DESCRIPTIONS AND CONDITIONS: In order to comply with the State Division of Library Information Services State Aid Grant Application, the Indian River County Library System must have a Commission Approved Certification of Credentials on file at the State. The Certification of Credentials states that the Single Library Administrative Head: • Has completed a library education program accredited by the American Library Association; • Has at least two years full-time paid professional experience, after completing the library education program, in a public library open to the public for a minimum of 40 hours per week; • Is employed full time by the library's governing body; • Is responsible for the overall management or coordination of the library within the framework established by interlocal or other agreements, plans, policies and budgets; • Is responsible for developing a single long-range plan for all library outlets, a single annual plan of service and a budget; and • Is responsible for implementing the long-range plan, annual plan of service and budget as well as preparing reports on behalf of the library. Elizabeth L. Stenger was promoted by the Board of County Commissioners to be the Library Services Director and began in this position on September 10, 2021. Ms. Stenger has a Master's of Science in Information from Florida State University (2018). This program is accredited by the American Library Association. Ms. Stenger has been working as a full-time paid, professional Librarian for Indian River County since 2002. Ms. Stenger is responsible for the overall management and coordination of the library as well as responsible for developing and implementing the long-range plan, annual plan of service, and budget. FUNDING: No funding is required. RECOMMENDATION: 102 Staff respectfully requests that the Board of County Commissioners certify the credentials of Elizabeth L. Stenger as the Single Library Administrative Head for the Indian River County Library System. ATTACHMENTS: Certification of Credentials AGENDA ITEM FOR SEPTEMBER 21, 2021 a 103 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION Certification of Credentials — Single Library Administrative Head The Indian River County- Board of County Commissioners (Name of library governing body) governing body for the Indian River County Library System (Name of library) hereby certifies that the incumbent single library administrative head, Elizabeth L. Stenger (Name of incumbent) • Has completed a library education program accredited by the American Library Association; • Has at least two years full-time paid professional experience, after completing the library education program, in a public library open to the public for a minimum of 40 hours per week; • Is employed full time by the library's governing body; • Is responsible for the overall management or coordination of the library within the framework established by interlocal or other agreements, plans, policies and budgets; • Is responsible for developing a single long-range plan for all library outlets, a single annual plan of service and a budget; and • Is responsible for implementing the long-range plan, annual plan of service and budget as well as preparing reports on behalf of the library. Signature Chair, Library Governing Body Name (Typed) Date State Aid to Libraries Grant Certification of Credentials (Form DLIS/SA01) Chapter 1 B -2.011(2)(a), Florida Administrative Code, Effective 07/2017 Page 1 of 104 I Sheriff Eric Flowm *Indian River CountvOffice September 15, 2021 The Honorable Joseph E. Flescher, Chairman Indian River Board of County Commissioners 180127th Street Vero Beach, FL 32960-3388 Re: 1. FY21 Auction Proceeds 2. FY21 Offender Fees Dear Chairman Flescher: Item #1: Our agency participated in an online auction of surplus property and vehicles throughout the fiscal year. The total auction proceeds were $136,359.90. After subtracting Unclaimed Property to be sent to the state and Forfeited Funds, the net amount to the agency is $122,552.90. In keeping with past practice, I respectfully request the proceeds to be used to acquire new like -kind property within the current fiscal year, pursuant to Chapter 274 of the Florida Statutes. Item #2: In accordance with the County Ordinance 306.07, I respectfully request $15,469 from the Offender Fees Reserve account to purchase the following items: Renewal of annual subscription for Offender Watch - Sex Offender Software $ 7,953.76 Renewal of annual subscription for Offender Watch - Mobile Service 568.13 Idemia Livescan Fingerprint System 6,947.11 $15,469.00 Please place these items under Constitutional Officers for the September 21, 2021 board agenda for discussion. Sincerely, Eric Flowers Sheriff 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.org n "y Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 16A) Public Hearings - B.C.C. 09.21.21 Of ce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 16, 2021 SUBJECT: Planning and Zoning Commission Alternate Ordinance Pursuant to section 103.03 of the Indian River County Ordinance Code ("Code"), the Planning and Zoning Commission consists of seven members plus a school board representative from the school board who is a non-voting member of the Planning and Zoning Commission. Each county commissioner appoints one member who must reside in that commissioner's district. The remaining two members are appointed from the public at large. On August 17, 2021, the Indian River County Board of County Commissioners ("Board") authorized the County Attorney's Office to draft an ordinance adding an alternate to the Planning and Zoning Commission. Such alternate would be an at large member and would be able to vote in the event there was an absence of at least one voting member of the Planning and Zoning Commission. Having an alternate on the Planning and Zoning Commission will help in preventing meetings from being cancelled due to a lack of a quorum. Pursuant to the Board's direction, the County Attorney's Office has drafted the attached ordinance. The County Attorney's Office recommends that the Board conduct the public hearing and vote to approve the ordinance as presented. FUNDING. The advertising cost of a public hearing was $133.38 and comes from MSTU Fund/County Planning/Legal Ads, Acct #00420515-034910. RECOMMENDATION. The County Attorney's Office recommends that the Board conduct the public hearing and vote to approve the ordinance as presented. ATTACHMENTS. Draft ordinance C:IU rAlegivarlAppDamlLornATemp18CL T hwkg!.L-VPDF81Q8CL@BOOF1i471 BCL@BOOF2347.d- 106 ORDINANCE NO. 2021 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 103.03 (REGULATORY COMMISSIONS AND BOARDS) OF CHAPTER 103 (COMMISSIONS AND BOARDS) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO INCLUDE AN ALTERNATE ON THE PLANNING AND ZONING COMMISSION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 103.03 (Regulatory commissions and boards) of Chapter 103 (Commissions and boards). New language indicated by underline, and deleted language indicated by strikethrougI4. Section 103.03 (Regulatory commissions and boards) of Chapter 103 (Commissions and boards) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 103- COMMISSIONS AND BOARDS Section 103.03.- Regulatory commissions and boards. 1.Planning and zoning commission. There is hereby created a planning and zoning commission to carry out the procedures, duties, and functions set forth for it in the zoning ordinances. The board shall consist of seven (7) members and one alternate plus a school board representative designated and approved by the school board who shall be a non-voting member of the planning and zoning commission. Each county commissioner shall appoint one (1) member who must reside in that commissioner's district. The remaining two (2) members and the alternate shall be appointed from the public at large. The alternate shall be a 107 voting member of the planning and zoning commission in the event of the absence of one of the seven voting members. The board shall be the local planning agency for the county. All members shall be residents of the county. Section 3. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 10th day of September, 2021, for a public hearing to be held on the 21St day of September, 2021, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman, Joseph E. Flescher Vice -Chairman, Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this 21St day of September, 2021. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk 108 EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 2021. 109 10A I �,21•Z( RAKTO�Tii�i�"11':T�AI(NE'fWtSRiC Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest or -ounTy commissioners io- cated on the second floor of INDIAN RIVER COUNTY PLANNING Building A of the: County Ad- 1801 27 TH STREET ministrative Campiex 18131 NOTICE OF INTENT - VERO BEACH, FL 32960 PUBLIC HEARING STATE OF WISCONSIN NOTICE IS HEREBY GIVEN that the Board of County Cammis- COUNTY OF BROWN sloners of Indian River Ccu#ty, Florida, will conduct a NWIc Nearing to consider adoption ned authorit Before the undersigned y personally appeared, said of a proposed ordinance enti- legal clerk, who on oath says that he/she is a legal clerk of the AN ORDINANCE OF INDIAN Indian River Press Journal, a daily newspaper published at Vero RIVER COUNTY, FLORIDA, Beach in Indian River County, Florida: that the attached copy of AMENDING SECTION 03.03 (REGULATORY COMMISSIONS advertisement was published in the Indian River Press Journal AND BOARDS) OF CHAPTER in the following editions dated as below, Affiant further says that BOARDS)OOF THE NCODEAND OF the said Indian River Press Journal is a newspaper published INDIAN RIVER COUNTY IN OR- in Vero Beach in said Indian River County, Florida, and that said DER TOCLUDE AN NATE ONITHE PLANNINGLAND newspaper has heretofore been continuously published In said ZONING COMMISSION; PRO- Indian River County, Florida, dally and distributed in Indian River VIDING CT AND SEV RABILOTYICONPROVIDING County, Florida, for a period of one year next preceding the first FOR CODIFICATION; AND ublication of the attached co of advertisement; and affiant p copy PROVIDING FOR AN EFFEC- TIVE DATE. further says that she has neither paid or promised any person, JOSEPH E. FLESCHER, firm or corporation any discount, rebate, commission or refund The Public .Hearing will be held on Tuesday; September for the purpose of securing this advertisement for publication in 21, 2021 at 9:05 a.m., or as the said newspaper. The Indian River Press Journal has been soon thereafter as the matter may be heard, In the County entered as Periodical Matter at the Post Offices In Vero Beach, Commission. Chambers located Indian River County, Florida and has been for eriod of one ry p on the C.6ofiopAd Byi trail A din of the Cbun Admittlstratwa year next preceding the first publication of the attached copy of comphx; 111 .27th ,5traet,, Vera 9eacf; advertisement. Fiorirla 3Z9fi6; at which time interested parties 614'.0a heat'd with eespgct to. 09l1012021 !!P accifn�>,cew _� or -ounTy commissioners io- cated on the second floor of Building A of the: County Ad- ministrative Campiex 18131 2�th street V,aro Beach Flori- Subscribed and sworn .' efore on September 10, 2021:, da, of alterniltiyeiy, the prq posed :ordinance may be .lnr spettettatwww:ltcgov corr1:. Anyone who may Isto •ap peal any decl'sion which mate be made at tills meeting wi i need to nsure that a verba- tim record of the proceedings is made, which includes testi- Notary. S 0t4' of-Wl oUhty of BCQwrI morayy. .. and evidence upon whirl . the "appeal is based. Anyone. v 146, needs a,.speelal accolnmodat%on •far:-tiiis:inecti- Ing must contact the C66ty's Americans With Disabilities Act (ADA) Coordinator at 772- My commiss.foll expires 226-1223 at least 48 hours in advance of the meeting. Publication COSI: $133.38 INDIAN RIVER COUNTY BOARD F COUNTY Ad No: 0004885359 COMMISSIONERS ONERS Customer No: 1310785""""'"" AMY KOKO7i JOSEPH E. FLESCHER, PO #: FNotary Public CHAIRMAN 10, 2021 TCN4885359mber #ofAffidavitsl State of Wisconsin MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 14, 2021 SUBJECT: Local Provider Participation Fund (LPPF) Assessment Resolution BACKGROUND. On September 14, 2021, the Indian River County Board of County Commissioners ("Board") voted to enact an ordinance establishing a local provider participation fund (LPPF) to assist in local hospitals covering unreimbursed Medicaid costs. Now that the Board has approved the LPPF, the Board is now in the position to consider an assessment resolution for the three properties that will be subject to the special assessment. The proposed assessment resolution and assessment roll includes the following payment schedule: 1) Cleveland Clinic Health System - $6,232,389 2) Encompass Health - $625,798 3) Steward Health Care System - $1,988,149 Once collected, these funds, minus administrative costs, as identified in the LPPF ordinance, will then, through intergovernmental transfers, be provided to the Florida Agency for Health Care -Administration ("AHCA"). Please note that the County will need to send a Letter of Agreement � ("LOA") to AHCA by October 11. FUNDING. The proposed assessment is on real properties that are licensed as a hospital and provide in-patient services. These assessments total $8,846,336. The County will collect these assessments and send the funds, minus administrative costs, to ARCA, which will be able to draw down additional Medicaid dollars from the Federal government. 110 • Board of County Commissioners September 14, 2021 Page 2 RECOMMENDATION. County staff recommends that the Board open the public hearing, take public comment and then vote whether to approve the assessment resolution. If the Board approves the assessment resolution, County staff also recommends that the Board authorize the chair to execute the Letter of Agreement and any other documents necessary to effectuate the assessment. ATTACHMENTS. Draft Assessment Resolution Draft Assessment Roll Directed Payment Program Letter of Agreement 111 RESOLUTION NO. 2021 - AN ASSESSMENT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AND ADOPTING A NON -AD VALOREM SPECIAL ASSESSMENT WITHIN THE COUNTY LIMITS FOR THE PURPOSE OF BENEFITING ASSESSED PROPERTIES THROUGH ENHANCED MEDICAID PAYMENTS FOR LOCAL SERVICES; FINDING AND DETERMINING THAT CERTAIN REAL PROPERTY IS SPECIALLY BENEFITED BY THE ASSESSMENT; COLLECTING THE ASSESSMENT AGAINST THE REAL PROPERTY; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENT AND THE METHOD OF ITS COLLECTION; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICES IN CONNECTION THEREWITH; PROVIDING FOR CERTAIN OTHER AUTHORIZATIONS AND DELEGATIONS OF AUTHORITY AS NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, hospitals in Indian River County's jurisdiction (the "Hospitals") annually provide millions of dollars of uncompensated care to uninsured persons and those who qualify for Medicaid because Medicaid, on average, covers only 60% of the costs of the health care services actually provided by Hospitals to Medicaid -eligible persons, leaving hospitals with significant uncompensated costs; and WHEREAS, the State of Florida (the "State") received federal authority to establish the Statewide Medicaid Managed Care Hospital directed payment program (the "DPP") to offset hospitals' uncompensated Medicaid costs and improve quality of care provided to Florida's Medicaid population; and WHEREAS, two of the three Hospitals have asked Indian River County (the "County") to impose a non -ad valorem special assessment upon certain real property interests held by the Hospitals to help finance the non-federal share of the State's Medicaid program, while the third Hospital is unopposed to the assessment; and WHEREAS, the only real properties interests that will be subject to the non -ad valorem assessments authorized herein are those belonging to the Hospitals; and WHEREAS, the funding raised by the County assessment will, through intergovernmental transfers ("IGTs") provided consistent with federal guidelines, support additional funding for Medicaid payments to some, but not necessarily all, Hospitals; and WHEREAS, the County acknowledges that the Hospital properties assessed will benefit directly and specially from the assessment as a result of the availability of above-described additional funding provided to said Hospitals; and 112 WHEREAS, the County has an interest in promoting access to health care for its low- income and uninsured residents; and WHEREAS, leveraging additional federal support through the above-described IGTs to fund Medicaid payments to the Hospitals for health care services directly and specifically benefits the Hospitals' property interests and supports their continued ability to provide those services; and WHEREAS, imposing an assessment limited to Hospital properties to help fund the provision of these services and the achievement of certain quality standards by the Hospitals to residents of the County is a valid public purpose that benefits the health, safety, and welfare of the citizens of the County; and WHEREAS, the assessment ensures the financial stability and viability of the Hospitals providing such services; and WHEREAS, the Hospitals are important contributors to the County's economy, and the financial benefit to these Hospitals directly and specifically supports their mission, as well as their ability to grow, expand, and maintain their facilities in concert with the population growth in the jurisdiction of the County; and WHEREAS, the Board finds the assessment will enhance the Hospitals' ability to grow, expand, maintain, improve, and increase the value of their Indian River County properties and facilities under all present circumstances and those of the foreseeable future; and WHEREAS, the County is proposing a properly apportioned assessment by which all Hospitals will be assessed at a uniform rate that is compliant with 42 C.F.R. § 433.68(d); and WHEREAS, on September 14, 2021, the Board of County Commissioners adopted an ordinance, enabling the County to levy a uniform non -ad valorem special assessment, which is fairly and reasonably apportioned among the Hospitals' property interests within the County's jurisdictional limits, to establish and maintain a system of funding for IGTs to support the non- federal share of Medicaid payments, thus directly and specially benefitting Hospital properties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. Definitions. As used in this Resolution, the following capitalized terms, not otherwise defined herein or in the Ordinance, shall have the meanings below, unless the context otherwise requires. Assessed Property means the real property in the County to which an Institutional Health Care Provider holds a right of possession and right of use through an ownership or leasehold interest, thus making the property subject to the Assessment. 113 Assessment means a non -ad valorem special assessment imposed by the County on Assessed Property to fund the non-federal share of Medicaid and Medicaid managed care payments that will benefit hospitals providing Local Services in the County. Assessment Coordinator means the person appointed to administer the Assessment imposed pursuant to this Article, or such person's designee. Board means the Board of County Commissioners of Indian River County, Florida. County means Indian River County, Florida. Fiscal Year means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. Institutional Health Care Provider means a private for-profit or not-for-profit hospital that provides inpatient hospital services. Local Services means the provision of health care services to Medicaid, indigent, and uninsured members of the Indian River County community. Non -Ad Valorem Assessment Roll means the special assessment roll prepared by the County. Ordinance means the Indian River County Local Provider Participation Fund Ordinance. Section 2. Authority. Pursuant to Article VIII, Section 1(f) of the Constitution of the State of Florida, Chapter 125 of the Florida Statutes, and the Indian River County Local Provider Participation Fund Ordinance, the Board is hereby authorized to impose a special assessment against private for-profit and not-for-profit hospitals located within the County to fund the non- federal share of Medicaid payments associated with Local Services. Section 3. Special Assessment. The non -ad valorem special assessment discussed herein shall be imposed, levied, collected, and enforced against Assessed Properties located within the County. Proceeds from the Assessment shall be used to benefit Assessed Properties through availability of directed payment program that will benefit the Assessed Properties for Local Services. Section 4. Assessment Scope, Basis, and Use. Funds generated from the Assessment shall be used only to: 1. Provide to the Florida Agency for Health Care Administration the non-federal share for Medicaid managed care hospital directed payments to be made directly or indirectly in support of hospitals serving Medicaid beneficiaries; and 114 2. Reimburse the County for administrative costs associated with the implementation of the Assessment authorized by the Ordinance. If, at the end of the Fiscal Year, additional amounts remain in the local provider participation fund, the Board is hereby authorized either (a) to refund to Assessed Properties, in proportion to amounts paid in during the Fiscal Year, all or a portion of the unutilized local provider participation fund, or (b) if requested to do so by the Assessed Properties, to retain such amounts in the fund to transfer to the Agency in the next fiscal year for use as the non-federal share of Medicaid hospital payments. If, after the Assessment funds are transferred to the Agency, the Agency returns some or all of the transferred funding to the County (including, but not limited to, a return of the non-federal share after a disallowance of matching federal funds), the Board is hereby authorized to refund to Assessed Properties, in proportion to amounts paid in during the Fiscal Year, the amount of such returned funds. Section 5. Computation of Assessment. The Assessment shall equal 2.1% of net patient revenue for each Assessed Property specified in the attached Non -Ad Valorem Assessment Roll. The amount of the Assessment required of each Assessed Property may not exceed an amount that, when added to the amount of other hospital assessments levied by the state or local government, exceeds the maximum percent of the aggregate net patient revenue of all Assessed Hospitals in the County permitted by 42 C.F.R. § 433.68(f)(3)(i)(A). Assessments for each Assessed Property will be derived from data contained in cost reports and/or in the Florida Hospital Uniform Reporting System, as available from the Florida Agency for Health Care Administration. Section 6. Timing and Method of Collection. The amount of the assessment is to be collected pursuant to the Alternative Method outlined in §197.3631, Fla. Stat. The County shall provide Assessment bills by first class mail to the owner of each affected Hospital. The bill or accompanying explanatory material shall include: (1) a reference to this Resolution, (2) the total amount of the hospital's Assessment for the appropriate period, (3) the location at which payment will be accepted, and (4) the date on which the Assessment is due. No act of error or omission on the part of the Assessment Coordinator, Board, or their deputies or employees shall operate to release or discharge any obligation for payment of the Assessment imposed by the Board under the Ordinance and this resolution. Section 7. Public Hearing. Per the notice provided by first class mail sent on August 31, 2021 and notice published in the Indian River Press Journal on September 1, 2021, the Board has heard and considered objections of all interested persons prior to rendering a decision on the Assessment and attached Non -Ad Valorem Assessment Roll. Section 8. Responsibility for Enforcement. The County and its agent, if any, shall maintain the duty to enforce the prompt collection of the Assessment by the means provided herein. The duties related to collection of assessments may be enforced at the suit of any holder of 115 obligations in a court of competent jurisdiction by mandamus or other appropriate proceedings or actions. Section 9. Severability. If any clause, section, or provision of this resolution is declared unconstitutional or invalid for any reason or cause, the remaining portion hereof shall be in full force and effect and shall be valid as if such invalid portion thereof had not been incorporated herein. Section 10. Effective Date. This Resolution to be effective immediately upon adoption. This Resolution duly adopted this 21 st day of September, 2021. The foregoing resolution was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman, Joseph E. Flescher Vice -Chairman, Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of 2021. BOARD OF COUNTY COMMISSIONERS OF ATTEST: Jeffrey R. Smith, Clerk Of Court and Comptroller Un Deputy Clerk Approved as to form and legal sufficiency: C Dylan Reingold County Attorney INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman 116 [Attachment- Assessment Roll] 117 I� w 3 0 $ s 3 QC) �� |!■|&.!§ !§ a'■�e<§2 ■��l,|E (� §�;'!�•- \)!§®|;■ \\ � !|!;- (§;a ' § ;§!§0-|■ ®; - �� §| ■ 2kk\k �§! |`■ ! §||goat; �;!■�■|§ |)| § •§e!|(n■ ! |-§2'• bE■ _ ;!*!|■§■ | | | § ( ) | ( \ E E i Directed Payment Program Letter of Agreement THIS LETTER OF AGREEMENT (LOA) is made and entered into in duplicate on the day of 2021, by and between Indian River County LPPF on behalf of Region 9, and the State of Florida, Agency for Health Care Administration (the "Agency"), for good and valuable consideration, the receipt and sufficiency of which is acknowledged. DEFINITIONS "Intergovernmental Transfers (IGTs)" means transfers of funds from a non -Medicaid governmental entity (e.g., counties, hospital taxing districts, providers operated by state or local government) to the Medicaid agency. IGTs must be compliant with 42 CFR Part 433 Subpart B. "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act, 42 US.C. §§ 1396 et seq., and regulations thereunder, as administered in Florida by the Agency. "Directed Payment Program (DPP)," pursuant to the General Appropriation Act, Laws of Florida 2021-111, is the program that provides direct supplemental payments to eligible public and private entities that provide inpatient and outpatient services to Medicaid managed care recipients. A. GENERAL PROVISIONS Per Senate Bill 2500, the General Appropriations Act of State Fiscal Year 2021-2022, passed by the 2021 Florida Legislature, the Indian River County LPPF and the Agency agree that the Indian River County LPPF will remit IGT funds to the Agency in an amount not to exceed the total of $7,912,885. The Indian River County LPPF and the Agency have agreed that these IGT funds will only be used for the DPP program. 2. The Indian River County LPPF will return the signed LOA to the Agency. 3. The Indian River County LPPF will pay IGT funds to the Agency in an amount not to exceed the total of $7,912,885. The Indian River County LPPF will transfer payments to the Agency in the following manner: a. Per Florida Statute 409.908, annual payments for the months of July 2021 through June 2022 are due to the Agency no later than October 31, 2021 unless an alternative plan is specifically approved by the agency. b. The Agency will bill the Indian River County LPPF when payment is due. 4. The Indian River County LPPF and the Agency agree that the Agency will maintain necessary records and supporting documentation applicable to health services covered by this LOA in accordance with public records laws and established retention schedules. a. AUDITS AND RECORDS i. Indian River County LPPF agrees to maintain books, records, and documents (including electronic storage media) pertinent to performance under this LOA in Indian River County LPPF—Region 9—DPP LOA_SFY 2021-22 119 accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. ii. Indian River County LPPF agrees to assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the Agency, as well as by federal personnel. iii. Indian River County LPPF agrees to comply with public record laws as outlined in section 119.0701, Florida Statutes. b. RETENTION OF RECORDS The Indian River County LPPF agrees to retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to performance under this LOA for a period of six (6) years after termination of this LOA, or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings. ii. Persons duly authorized by the Agency and federal auditors shall have full access to and the right to examine any of said records and documents. iii. The rights of access in this section must not be limited to the required retention period but shall last as long as the records are retained. c. MONITORING i. Indian River County LPPF agrees to permit persons duly authorized by the Agency to inspect any records, papers, and documents of the Indian River County LPPF which are relevant to this LOA. d. ASSIGNMENT AND SUBCONTRACTS The Indian River County LPPF agrees to neither assign the responsibility of this LOA to another party nor subcontract for any of the work contemplated under this LOA without prior written approval of the Agency. No such approval by the Agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Agency in addition to the total dollar amount agreed upon in this LOA. All such assignments or subcontracts shall be subject to the conditions of this LOA and to any conditions of approval that the Agency shall deem necessary. 5. This LOA may only be amended upon written agreement signed by both parties. The Indian River County LPPF and the Agency agree that any modifications to this LOA shall be in the same form, namely the exchange of signed copies of a revised LOA. 6. Indian River County LPPF confirms that there are no pre -arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and/or the providers to re -direct any portion of these aforementioned supplemental payments in order to satisfy non -Medicaid, non -uninsured, and non -underinsured activities. Indian River County LPPF—Region 9_DPP LOA_SFY 2021-22 120 7. Indian River County LPPF agrees the following provision shall be included in any agreements between Indian River County LPPF and local providers where IGT funding is provided pursuant to this LOA. Funding provided in this agreement shall be prioritized so that designated IGT funding shall first be used to fund the Medicaid program and used secondarily for other purposes. 8. This LOA covers the period of July 1, 2021 through June 30, 2022 and shall be terminated June 30, 2022. 9. This LOA may be executed in multiple counterparts, each of which shall constitute an original, and each of which shall be fully binding on any party signing at least one counterpart. DPP Local Intergovernmental Transfers Program / Amount State Fiscal Year 2021-2022 Year One DPP IGTs $7,912,885 Total Funding $7,912,885 IN WITNESS WHEREOF, the parties have caused this page Letter of Agreement to be executed by their undersigned officials as duly authorized. Indian River County LPPF STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION SIGNED BY: NAME: TITLE: DATE: SIGNED BY: NAME: TITLE: DATE: Indian River County LPPF—Region 9_DPP LOA_SFY 2021-22 121 Mr-11irea ure Coast Newspapers PART OF THE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest INDIAN RIVER COUNTY PLANNING 180127 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 09/01/2021 ubscribed and sworn to before on September 1, 2021. Notary, State of , My commis§I . expfreA Publication Cost: $318.06 Ad No: 0004889161 Customer No: 1310785 PO #: Local Provider Participation Fund (LPPF) - # of Affidavits AMY KOKOTT Notary Public State of Wisconsin 122 NOTICE OF NEARING REGARDING IMPOSING AND COLLECTING A NON -AD VALOREM SPECIAL ASSESSMENT FROM SPECIFIED HOSPITAL PROPERTIES Notio4 41-hKehy given that the Board Of County Commis- sioners of Indian River., Florida, will conduct ai; hearing t0 Wriside► the provai of 1K" imposition collection Of a non valorem 1 assestarl of affected hosl>IU#:,Js' ed at the concius%r1orlt, notice, The assessment is intended to finance intergovernmental transfers, provided consistent, with federal guidelines, that fund the non-federal share Of certain Medicaid and/or Med- kaid managed care payments. Asa resuk, the assessment di. redly and specially benefits Assessed Properties and sup, parts the provision of health care services to Medicaid, indi- gent, and uninsuredo , . of the County's co Tt The public hear held at the Board`. Commissioners the Indian R ministration Buldlit' ed at 1801 27th , Beach, FL 32950 on Sep- tember 21, 2021, at 9:00 a.m or as soon thereafter as the matter can be heard. At that time, the Board will receive public comment alt the pro- posed special as t. The Indian River', "'ty Of- fice has prepared tM Non -Ad Valorem Assessment Roll be- ing considered fol:3pproval. The roll contains tit' wines of the Assesqod Pr assess rate, amogat1#11te special as e"Wi i menY1w Imposed agar each Assessed Property. ThM Non -Ad Valorem Assessme Roll is available for inspection at the Indian River Coin� Budget Oft eyii>.Iring regufal business tti�pp� Septem- ber 1, 2t}22 Septem• ber 21, 2021. The assessment rate set forth in the Non -Ad Valorem Assessment Roll to be levied against the net pa- tient revenue of each As- sessed Property is 2.1%. At the date and time set forth In this notice, the Board of County Commissioners may: (1) approve the Non -Ad Valorem Assessment Roll, with such amendments as It 0eems just and right and (2) a tion tion -r— with qA,7enobJC 4 tionI d16WU "Went to the tentlon of the Indian River. County Board of County missioners Office at 180;{f. St. Vero Beach, FL 32960. The amount of the asse4ment Is to be collected pursuant an additional and alternative method, as specified In S 197.3631, Fla. Stat, Details will be included in the Assessment Resolution. if You are a person with: dlisa- birty who needs any atCO-M modation to participate this proceeding, y uaar tied. at nofaaa 1111114 `to iii 2810105, Fla p�llop-,irlcides to of the Won- #� arsy' c4msidered riffle public ring, he or will need 4 record of the ngs. For such pur- a person appealing the a need to ensure of a verbatim re- captures the lesti- evidence upon wftii t ie'appeal is based. Indian River County, FLORIDA List of Affected Properties: The special assessment is to be levied against each private for-profit and not-for-profit hospitaI operating under a Florida hospital license affili- ated with the following- I viders of. Inpatient hospifi� services tfflit holds a right. rP ate.' �rust � Wil�ir Cour Indian River Medical Center 1000 36th St Vero Beach, FL 32%0 Parcel 10: 3239360000030000,0000 Encompass Health Rehabilita- tion Hospital of Treasure Coast 1600 37th St Vero Beach, FL 32460 Parcel 10: 32392600000700000000 Sebastian River Medical Center 13695 US -1 Sebastian, FL 32958 Parcel 10: 30382500000002000000 Pub Sept 1, 2021 TCN4989161 124 foA3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: September 10, 2021 SUBJECT: GRBK GHO, LLC's Request for Conceptual Special Exception Planned Development (PD) Plan Approval and Concurrent Preliminary PD Plan/Plat Approval for a Project to be known as Wisteria Walk PD [PD -21-01-02 / 2002050024-883001 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 21, 2021. DESCRIPTION & CONDITIONS Schulke, Bittle, and Stoddard, LLC, on behalf of GRBK GHO, LLC, is requesting conceptual special exception planned development (PD) plan approval and concurrent preliminary PD plan/plat approval for a project located on the north side of 17th Street SW and the east side of 27th Avenue SW (see attachment 2). The applicant is requesting PD approval to obtain waivers (increases or reductions) in minimum lot size, minimum building setbacks, maximum building coverage, and minimum right-of- way width in return for off-site improvements, increased project open space, larger perimeter setbacks, increased recreation area, and acceptance of off-site stormwater. It should be noted, the subject project site was previously granted preliminary plat approval (SD -03-08- 21) for a small lot subdivision with 134 single-family detached homes by the Planning and Zoning Commission (PZC) on November 20, 2003. The subject project was then completely "bonded" for construction, and granted final plat approval for 134 single-family detached homes on August 16, 2005 by the Board of County Commissioners (BCC). The County retained the platted right-of-way dedications for 27th Avenue SW and 15th Street SW from the previous project, and the current project proposes 121 single-family detached homes at an overall density of 3.34 units per acre. Planning and Zoning Commission (PZC) Recommendation: At its meeting of August 12, 2021, the PZC voted 5-0 to grant preliminary PD plan approval subject to the BCC approval of the conceptual PD plan and special exception request, and to recommend that the BCC grant conceptual PD plan and special exception approval with the conditions recommended by staff (see attachment 1). 125 PD Project Process The process involved in review and approval of the subject PD application is as follows: Approval Needed Reviewing Body 1. Conceptual PD Plan/Special Exception PZC & BCC 2. Preliminary PD Plan/Plat PZC 3. Land Development Permit (LDP) Staff 4. Final PD (plat) BCC At this time, the applicant is pursuing approval of Steps 1 and 2. If approved by the BCC, the special exception, conceptual PD plan, and preliminary PD plan/plat will all be approved and in effect. ANALYSIS 1. PD Area: 36.27 acres 2. Zoning Classification: RS -6, Residential Single -Family (up to 6 units per acre) 3. Land Use Designation: L-2, Low -Density Residential -2 (up to 6 units per acre) 4. Residential Units: 121 Single -Family Detached Units 5. Density: Proposed: 3.34 units per acre Maximum Allowed: 6.00 units per acre 6. Open Space: Required: 40.0% Provided: 53.7% Note: The open space calculation includes large common open space/recreation tracts located adjacent to the perimeter landscape tracts, and a portion of the project's stormwater lakes. 7. Phasing: The project is proposed to be constructed in a single phase. 8. Utilities: The project will be served by public water and sewer service provided by County Utility Services. The County Department of Utility Services and the Department of Health have approved these utility provisions. 9. Stormwater Management: The project's conceptual stormwater management system design includes a modified Miami curb street design and two wet stormwater management tracts to manage runoff generated from the project. The project's stormwater system will also accept runoff generated by the project's offsite improvements. The Public Works Department has approved the conceptual stormwater management plan and will review the detailed stormwater management plan with the land development permit (LDP). 10. Traffic Circulation: Access to the proposed development will be provided from 17th Lane SW by a full -movement, two-way gated connection. A secondary emergency access is required because the project exceeds 100 residential units. The secondary emergency access is proposed as a 20 -foot wide gated connection to 15th Street SW. The proposed traffic circulation plan consists of a loop road and 126 an additional road running through the center of the project that connects to the loop road in the north and the south of the project area (see attachment 4). Traffic Engineering and Fire Prevention staff have reviewed and approved the internal circulation plan and the connection to 17th Street SW. A traffic impact study (TIS) has been reviewed and approved by the Traffic Engineering Division with no off-site improvements required. As part of the PD and development related improvements, the applicant is required to pave the east half of 17th Street SW from the project's primary entrance to the eastern property boundary, and close off/gate the west half of 17th Street SW to prohibit illegal vehicular traffic. The applicant is also required to pave the west half of 15th Street SW, from the project's emergency access to 27th Avenue SW. 11. Required Dedications and Improvements: a. External Sidewalks i. 15`h Street SW Sidewalk: A five-foot wide external sidewalk is required and proposed along the west half of the project's 15th Street SW frontage, and a sidewalk waiver has been applied for and granted for the east half of the project's 15th Street SW frontage (i.e. the unpaved portion). ii. 27h Avenue SW Sidewalk: A five-foot wide external sidewalk is required and proposed along the site's 27th Avenue SW frontage from 17th Lane SW to 15th Street SW. iii. 17th Street SW Sidewalk: A five-foot wide external sidewalk is required and proposed along the site's 17th Street SW frontage from 27th Avenue SW to the proposed end of the pavement for 17th Street SW. b. Internal Sidewalks: Five-foot wide internal sidewalks are required and proposed along both sides of the project's internal streets. All sidewalks will be included in the project's LDP, and will need to be constructed along the frontage of common areas and individual lots in accordance with the requirements of subdivision ordinance section 913.09(5)(b)2. c. Streetlights: Streetlights are required and will be maintained by the property owners' association. The proposed streetlight locations are depicted on the preliminary PD plan/plat. The final design of the streetlights will be reviewed with the project's LDP. The preliminary landscape plan meets the criteria in Chapter 926. Prior to issuance of an LDP, the applicant will need to submit and obtain Planning staff approval of a final landscape and buffer plan. 12. Waivers for Single -Family Lots: The following waivers are proposed for this PD project: a. Lot Size: The PD plan proposes to reduce the minimum lot size standard from 7,000 square feet (the RS -6 minimum) to 6,325 square feet. b. Lot Width: The PD plan proposes to reduce the minimum lot width standard from 70 feet to 55 feet. 127 c. Building Setbacks: The proposed PD plan proposes to reduce the front yard setback for lots with a front entry garage from 20' to 19' to a garage, and 11' to a living area, and for lots with a side loaded garage from 20' to 11' for the garage or living area. The side setbacks are proposed to be reduced from 10' to 5', while the rear setback is proposed to be reduced from 20' to 15'. In addition, the rear setback for pools, decks, and screen enclosures is proposed to be reduced from 10' to 5'. d. Maximum Building Coverage: The PD plan proposes to increase the maximum building coverage from 40% to 50% for all lots. This allows a maximum building footprint of 3,162.5 square feet. For comparison, a standard (RS -6) 7,000 square foot lot permits a maximum building footprint of 2,800 square feet. e. Minimum Open Space Per Lot: The PD plan proposes to reduce the minimum open space per lot from 40% to 30%. The overall project open space will exceed 40% as explained in section 6 of the staff report. f. Right -of -Way Width: The PD plan proposes to reduce the minimum right-of-way width from 50 feet to 42 feet. A 10 -foot wide drainage and utility easement will be established across the front of all proposed lots, which creates a 62' wide utility and drainage corridor. These requested waivers are mitigated by proposed landscape buffers, increased perimeter setbacks, and increased common open space areas provided within the project. The following chart summarizes the proposed waivers: Development Parameter RS -6 Minimum Standards Proposed Minimum PD Standards Lot Size 7,000 sq. ft. 6,325 sq. ft. Lot Width 70' 55' Building Setbacks Front 20' 111/19' Side 10' 5' Rear 20' 15' Maximum Building Coverage 40% 50% Minimum Open Space Per Lot 40% 30% Right -Of -Way Width 50' 42' *Notes: 1. The rear setback for pools, decks, and screen enclosures is reduced from 10' to 5'. 2. Overall project open space will exceed 40% with more open space incorporated in common areas. 3. 11' front setback to living area or side loaded garage, and 19' front setback to front entry garage. 128 13. Landscaping & Buffering: Buffering is required and proposed as follows: Perimeter Adjacent Use/Condition Buffer Type & Width Opaque Feature North 15th Street SW, Single- Type "A" / 40' wide 6' landscape Family Homes East Single -Family Homes / Type `B" / 30' wide 6' landscape Vacant 17th Street SW / 17th Lane South SW, Falcon Trace Type "A" / 40' wide 6' landscape Subdivision West 27th Avenue SW / Vacant Type "A" / 50' wide 6' landscape 14. Environmental Issues: a. Wetlands: There are approximately 6.7 acres of jurisdictional wetlands on site. Wetland impacts were mitigated offsite per a prior Environmental Resource Permit (ERP) from the previous small lot subdivision approval. b. Uplands: Since the subject site exceeds 5 acres, the County's native upland set-aside criteria apply to the project. Approximately 8.9 acres of intact native upland plant communities exist on the project site, and the project's set-aside requirement is 1.34 acres (15% of 8.9 acres). The applicant is proposing to set-aside 2.18 acres of on-site uplands in four separate preservation tracts distributed throughout the project site (see attachment 4). The applicant must dedicate a conservation easement in favor of the County over the 2.18 acres of preserved on-site uplands prior to or via the final plat. c. Tree Preservation: There are a number of protected and specimen trees on site. Removal of any of the specimen trees will require mitigation. The applicant must obtain approval of a final tree protection and tree mitigation plan prior to issuance of an LDP. 15. Public Benefits: To obtain PD approval for this project, the applicant is proposing the following public benefits: a. Constructing and paving the east half of 17th Street SW from the project entrance to the eastern limits of the project. b. Constructing and paving the west half of 15th Street SW, from the emergency access to 27th Avenue SW. c. Increased home setbacks and buffers from all project perimeters. d. The project design provides 53.7% of total project open space, versus the minimum RS -6 requirement of 40%. e. Treatment and storage of stormwater runoff for 15th Street SW and 17th Street SW paved roads through an on-site stormwater system. 129 16. Concurrency: As required under the County's concurrency regulations, the applicant has applied for and obtained a conditional concurrency certificate for the project. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity is available to serve this project. The developer will be required to obtain final concurrency certificates prior to issuance of building permits, in accordance with County concurrency regulations. 17. Surrounding Land Use and Zoning: North: 15th Street SW, Single -Family Homes/ RS -6 East: Vacant Lot/ Single -Family Homes / RS -6 South: 17th Street SW/ 17th Lane SW/ Falcon Trace Subdivision / RS -6 West: 27th Avenue SW/Vacant / PD All conditions recommended by staff have been accepted by the applicant. RECOMMENDATION Staff recommends that BCC grant conceptual planned development (PD) plan and special exception approval with the following conditions: 1. Prior to issuance of a land development permit, the applicant shall: a. Obtain Planning staff approval of a final landscape and buffer plan. b. Obtain Planning staff approval of the final streetlighting design. c. Obtain Public Works approval of a right-of-way permit for the 15th Street SW and 17th Street SW pavement improvements. d. Obtain Planning staff approval for the tree mitigation plan. e. Obtain a wetlands determination from St. John's River Water Management District. 2. Prior to or via the final plat process, the applicant shall: a. Construct or bond -out the required landscape buffers. b. Construct or bond -out the required project streetlighting. 3. Prior to issuance of a certificate of completion, the applicant shall: a. Construct the pavement improvements for 17th Street SW and 15th Street SW. b. Install all required perimeter buffers and project landscape improvements. c. Install all required project streetlighting. d. Construct all required external sidewalks. 4. Internal sidewalks shall be constructed along the frontage of common areas and individual lots in accordance with Section 913.09(5)(b)2. of the County LDRs. ATTACHMENTS 1. Excerpt from August 12, 2021 PZC Minutes 2. Location Map 3. Aerial 4. Conceptual/Preliminary PD Plan 5. Landscape Plan 130 ON MOTION BY Ms. Beth Mitchell, SECONDED BY Mr. Curtis Carpenter the members voted unanimously (5-0) to approve the minutes of the July 22, 2021. The motion passed. Public Hearing A. Wisteria Walk PD: Request for conceptual special exception planned development (PD) plan approval and concurrent preliminary PD plan/plat approval for a 121 single-family detached home development to be known as Wisteria Walk PD. GRBK GHO, LLC, Owner. Schulke, Bittle & Stoddard, LLC, Agent. Located on the north side of 17th Street SW and the east side of 27th Avenue SW. Zoning: RS -6, Residential Single -Family (up to 6 units per acre). Land Use Designation: L- 2, Low Density Residential -2 (up to 6 units per acre). Density: 3.34 units/acre. [PD - 21 -01-02 / 2002050024-88300] [Quasi -Judicial] Chairperson Dr. Jonathan Day asked the Commissioners to reveal any ex - parte communication or conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex -parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. John Stoll reviewed information regarding the proposed site and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. At the conclusion of the presentation, Staff recommended that the PZC grant preliminary PD plan / plat approval, subject to the BCC approval of the conceptual PD plan, and special exception request, and recommend that the BCC grant conceptual PD plan, and special exception approval for Wisteria Walk PD with conditions listed in Staff's report. Mr. Polackwich questioned if the lots in the proposed subdivision would be consistent with the lots in the surrounding area. Mr. Sweeney stated that they would. Mr. Polackwich asked if the code defines what a public benefit is. Mr. Sweeney stated that it does not. Dr. Johnathan Day opened the floor for public comment Mr. John Prather of 2336 17th St SW, Vero Beach, FL stated that he is part owner of the property south east of the proposed site. He stated his concerns about drainage and potential illegal dumping. Mr. Sweeney discussed water Attachment 1 PZC/approved 2 August 12, 2021131 management requirements and Mr. Phil Matson stated that he will personally follow up with Mr. Prather to assist him. Dr. Johnathan Day closed the floor for public comment ON MOTION BY Mr. Alan Polackwich, SECONDED BY Mr. Curtis Carpenter, the members voted (5-0) that the PZC grant preliminary PD plan / plat approval, subject to the BCC approval of the conceptual PD ,plan, and special exception request, and recommend that the BCC grant conceptual PD plan, and special exception approval for Wisteria Walk PD with conditions listed in Staff's report. The motion passed. Items not on Consent A. The Mason Vero Beach: Request for major site plan approval to construct a 175- unit multi -family apartment complex with associated amenities to be known as The Mason Vero Beach. New Vero Estates, LLC, Owner. Kimley-Horn & Associates, Inc., Agent. Waypoint Residential, Developer. Located north of 20th Street (SR 60), west of the Indian River Estates (ACTS) retirement community. Zoning: RM -8, Residential Multiple -Family (up to 8 units/acre). Land Use, Designation: M-1, Medium -Density Residential -1 (up to 8 units/acre). Density: 7.97 ur}its/acre [SP -MA -20-06-19/99090118- 86700] [Quasi -Judicial] Chairperson Dr. Jonathan Day asked the Commissioners to reveal any ex - parte communication or conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex -parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. Ryan Sweeney reviewed informationregarding the proposed site and gave a PowerPoint presentation, copies of whicare on file in the Board of County Commissioners (BCC) Office. At the conclusion of the presentation, Staff recommended that the PZC grant Major Site Plan for The Mason Vero Beach with conditions listed in Staff's report. Dr. Johnathan Day opened the floor for public comment. Dr. Johnathan Day closed the floor for public comment. Attachment 1 PZC/approved 3 August 12, 2021132 a� U cwwmusy oW Ul lit ossa YOMo 'H3J 38 0 3A WE 31 S "Orae a3AM NYIQII tLu NH -I d A noo 113AIII -10M TM3 W.w L /UL)M EZ9ML g! 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I • LZ 10, , ! vl'jl - 7.1 li g 8§ o O p�`i –aA,zz1o, z fZ lol I , 09,o, Elo, h lijj [i I l bZ 10,—}_ 1- rc 10, , I :-=°5-3 ea lo, 1------ 1--__ ' _'�y!/ YC1o,-t10,-I ;illi �_-i� .�-�--- " ¢�io,--; I-__ =-J ��nl `� � • `;' 11�C `51, `e r 1� I` IL�_ --- II I �: 1,` 5 11, 1 A p �-1 :`,{ � •S tin i11 j:ul loi :oval _, I I � {{ rDot 1O, S 10, 1 1 / Dot 101 I to Ifl�i c) 8 g --- 8110,�yj « - ' ' �. o '�I `i-_•"•..J•-�F- �r as to, sst�.o� K10, I Oo 101 i J __ L"_1 � �j :. 1 I ' �10, b9 ip, oe 101 tot l Z9lo, t III°II 1�.�.�:�:�.�//� , solos I ; Z410.1 1 1 1 - _- tE fol—'�—'—'—_ `f r SB lo, t910i I i ��l I-M,`J � (li J'�L_ -'- J11111 2t�S,1 1 I ( -------� -- t — —----------- — --- — ----- - — - — j 09/21/2021 l O.A.3. Wisteria Walk Planned Development Conceptual PD Plan and Special Exception Board of County Commissioners September 21, 2021 Y ; 09/21/2021 10.A.3. 2 09/21/2021 1 O.A.3. Proposed Development • 36.27 acres • 121 single-family units/ 3.34 units/acre • Increases or reductions in minimum lot size, minimum building setbacks, maximum building coverage, and minimum right-of- way width • Off-site improvements, increased project open space, larger perimeter setbacks, increased recreation area, and acceptance of off-site stormwater 5 J_p-3 PD Waivers Development Parameter RS -6 Minimum Standards Proposed Minimum PD Standards Lot Size 7,0..jt. 6325 sq. ft Lot Width T1.... _. 55' Building Setbacks front `. ll.. Side W . ..., .. . Rear Maximum Building Coverage Minimum Open Space Per Lot i Right -Of -Way Width 42' Construction & Paving of 151h Street SW External Sidewalks 15th ST SW, 271h Ave SW, and 171h ST SW. Full Movement' Gated Entry Traffic Circulation Plan 09/21/2021 011 Gated Emergency Access Internal Sidewalk Looped Pedestrian System Construction & Paving of 17th Street SW 10.A.3. Dedications, Improvements, & Conditions • External Sidewalks • Internal Sidewalks • 15th Street SW & 17th Street SW Paving Improvements • Streetlights • Landscape/Buffer & Tree Mitigation Plan • Jurisdictional Wetland Determination 09/21/2021 1 O.A.3. 9 09/21/2021 10.A.3. Public Benefits • Constructing & Paving East half of 171h Street SW • Constructing & Paving West half of 15th Street SW • Increased home setbacks & buffers from all project perimeters • Provide 53.7% of total project open space vs. minimum 40% • Treatment & storage of stormwater runoff for 151h Street SW & 17th Street SW through on-site stormwater system. PZC Recommendation ➢At its meeting of August 12, 2021, the PZC voted 5-0 to grant preliminary PD plan approval subject to the BCC approval of the conceptual PD plan and special exception request, and to recommend that the BCC grant conceptual PD plan and special exception approval with the conditions recommended by staff. 12 09/21/2021 l O.n.3. Staff Recommendation That the BCC grant conceptual PD plan and special exception approval for Wisteria Walk PD with the conditions listed in staff's report: • Final streetlighting design • Final landscape, buffer, and tree mitigation plans • Wetlands determination from St. John's River Water Management District • 15th Street SW & 17th Street SW construction and paving. • Internal & external sidewalks 13 o. lndlen River fdY#i8 Jou aE 1801 U.S. 1, Vero 1$seah, P 12060 AFPIQi WT OF PU9L110AM ON INDIAN RIVER CO PLANNING 1800 27"era ST VERO BEACH, FL 32960 ATTN KATHY CHAREST -' STATE OF WISCONSIN COUNT' OF BROWN Before the undersigned authority ,personally appeared, said legal clerk, who on oath says that he Is a legal dark of the Indian River Press Journal, s daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published In the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal Is a newspaper published In Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily _ and distributed in Indian River County, Florida, for a period of one year next preceding, the first publication of the attached copy of advertisement and affiant further says that she has neither paid or promised' any person, firm or corporation any discount,_ rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 9IM021 Subscribed ;n"a sworn to before on September 81h, 2021 otary, of rr of My commission,� Publication Cost: $315.00 *` Ad No: GC10723862 NANCY M EYRM N Customer No. 463755 Notary PllbflC PO#: PUBLIC NOTICE Y Mate of Wisdon in NOTICE OF PLIOM, POW This is notice of a pubic hearing of the Indian River County Board of County Commissk nets to consider granting approval of a concurrent conceptual Pd (Planned Development] special exception and preliminary PD plan. The subject a the hearing is a proposal by GRBK GHO :Properties LLC to develop a project to be known as Wisteria Walk Pd. I The project proposes 121 single -family r sidentiai lots on approximately 36.27 acres, located on the northeast corner of 27th Avenue SW and 17th treet SW. Please see the attached location map. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Bayard of County Comm . ioners of Indian ` River '-County, Florida, In the Csa' ty Commission Chambers of the County- Admini ration Building, located at 1801 27th Street, Vero' each, Florida on Tuesday, September 21, 2021 at 9:0 a.m. Please direct planning-related q estions to the Current development PlanningSection at 772-226- 1690. All documents pertaining to this request are on file in the Indian River County tanning Division, located at 1801 27th Street within Iding "A" of the County Administration Complex. ocuments may be reviewed by members of the put is during normal business hours. All members of the ub ic;are Invited to attend and participate in the publi Daring. Anyone who may wish to appeal an recision, which may be made at this meting, will n to ensure that a verbatim record of the proceeding is made, which includes testimony and evidence pon which the appeal is based. ANYONEWHONEEDSASPECIALA OMMODATION FOR THIS MEETING MUST ONTACT THE COUNTY'S AMERICANS. WITH DI BILITIES ACT (ADA)' COORDINATOR AT 226-1 AT LEAST 48 HOURS IN ADVANCE OF THE ME NG INDIAN RIVER COUNTY PLANNING AND ZONING COMMISSION BY -s- Joseph E. Flescher, 0halrman To be advertised` September 8, 2021 v 1 PD , �� '� Timestamp Streit 9/7/2021 14:20:09 1801 27th St Final Publication Date City 9/8/2021 Vero Beach Ad Number Stat GC10723852 "1890i2Z,./ 4$1-1190 FL Publication ZIP e Indian River Press Journal 3296) Market Your Name Treasure Coast Ben Dailey Delivery Method Email Address Both bda f y@localiq.com Number of Affidavits Needed 1 Customer Email kcharest@lrcgov.com Customer Name Kathy Chafest Customer; Phone Number (772) 226-1254 Customer. Address 80127 To Street Vero Beach, FL 32960 Account, -Number (If Known) 463755+AdPoint# 334182 Name Kathy Charest Public Hearing Item 104y Indian River Florida Department of Utility Services Board Memorandum Date: September 21, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Scott Reynolds, Environmental Compliance Analyst Subject: Public Hearing on Modifications to County Code Sections 201.64 and 201.65, Prohibited Discharge Standards Background: In 2017, the Environmental Protection Agency (EPA) promulgated pretreatment rules (40 Code of Federal Regulations (CFR) Part 441) to reduce discharges of mercury ("Dental Amalgam") from dental facilities to publicly owned treatment works (POTWs). The new rule required dental facilities to submit a one-time certification, or compliance report, to the Control Authority, Indian River County Department of Utility Services (IRCDUS), by October 12, 2020. IRCDUS identified forty-two dental facilities, consisting of 59 licensed dentists, within Indian River County's service area. Each of the facilities identified was sent a letter, explaining the new regulations, and a compliance form, with instructions to return the completed form to IRCDUS. Thirty-four facilities responded. Descriptions and Conditions: At the August 17th board meeting, the Board of County Commissioners (BCC) directed staff work with the County Attorney's Office to draft a revision to the Code to incorporate dental amalgam and hazardous waste pharmaceuticals model language provided by the Florida Department of Environmental Protection (FDEP). After additional review of the existing Code regarding hazardous waste pharmaceuticals, the County Attorneys' Office and staff determined the existing Code contained all the components required by FDEP. Therefore a modification to the Code, specific to hazardous waste pharmaceuticals, is not required. Additionally, the BCC directed staff to explore alternate methods of distributing the Notice of Public Hearing to interested parties, in addition to publishing in a local newspaper. In response to the BCC's direction, IRCDUS mailed Notice of Public Hearing announcements directly to fifty --nine (59) licensed dentists in Indian River County. IRCDUS is currently updating an existing dental amalgam database with this new dental facility information and will provide outreach and assistance to new dentists/facilities that have not submitted the one-time compliance reports and follow-up with those Who did not respond to previous requests. 137 F:\Utilities\UTILITY - OPERATIONS\INDUSTRIAL PRETREATMENT\Ordinance\BCC It ms\20210921_Dental Amalgam Public Hearing Final.docx Public Hearing Item Recommendation: Staff recommends the Board of County Commissioners approve the draft revisions to the Code incorporating Florida Department of Environmental Protection -provided draft language for incorporation into the Sewer Use Ordinance. This Code modification will strengthen the County's commitment to preventing harmful pollutants from entering the environment and our waterways by providing the County the legal authority to apply and enforce Chapter 62-625. Attachments: Draft Dentist Amalgam Ordinance 138 F:\Utilities\UTILITY - OPERATIONS\INDUSTRIAL PRETREATMENT\Ordinance\BCC Items\20210921_Dental Amalgam Public Hearing Final.docx ORDINANCE NO. 2021 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.64 (DEFINITIONS; CONSTRUCTION AND INTERPRETATION) AND CREATING SECTION 201.681 (DENTAL FACILITIES) OF PART III (THE INDIAN RIVER 'COUNTY INDUSTRIAL PRETREATMENT REGULATIONS ORDINANCE) OF CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO INCLUDE REGULATIONS OF DISCHARGES FROM DENTAL FACILITIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 201.64 (Definitions; construction and interpretation) and Creation of Section 201.681 (Dental Facilities) of Part III (The Indian River County Industrial Pretreatment Regulations Ordinance) of Chapter 201 (County Water and Sewer Services). New language indicated by underline, and deleted language indicated by strikethroug4. Part III (The Indian River County Industrial Pretreatment Regulations Ordinance) of Chapter 201 (County Water and Sewer Services (Regulatory commissions and boards) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 201.- COUNTY WATER AND SEWER SERVICES PART III. - THE INDIAN RIVER COUNTY INDUSTRIAL PRETREATMENT REGULATIONS ORDINANCE 139 Section 201.64.- Definitions; construction and interpretation. (A) Unless the context specifically indicates otherwise, the meaning of the following terms used in this part shall be defined as follows: (1) Act: The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq. (2) Amalgam separator a device that employs filtration, settlement, centrifugation, or ion exchange to remove amalgam and its metal constituents from a dental office vacuum system before it discharges to the sewer. (3) Amalgam waste: Non -contact amalgam (amalgam scrap that has not been in contact with the patient); contact amalgam (including, but not limited to, extracted teeth containing amalgam); amalgam sludge captured by chairside traps, vacuum pump filters, screens, and other amalgam trapping devices; used amalgam capsules; and leaking or unusable amalgam capsules. (4) ANSUADA Standard No. 108: The American National Standards Institute and American Dentistry association standard for amalgam separators. (25) Approval authority: The State of Florida Department of Environmental Protection ("FDEP"). (36) Best management practices or "BMPs" mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in subsections 62- 625.400(1)(a) and (2), F.A.C. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, industrial sludge or waste disposal, or drainage from raw materials storage. (47) Categorical industrial user means an industrial user subject to categorical pretreatment standards under Rule 62-625.410, F.A.C., including 40 CFR Chapter I, Subchapter N, Parts 405 through 471, as of July 1, 2009, hereby adopted and incorporated by reference. (58) Categorical pretreatment standards: Any regulation containing pollutant discharge limits promulgated by U.S. Environmental Protection Agency in accordance with Sections 307(b) and (c) of the Act that apply to a specific category of users and appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. 140 (69) Control authority: The agency, service, organization or authority with the responsibility of control of the industrial pretreatment program. (710) Cooling water: The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. (8j 1) Daily maximum: The arithmetic average of all effluent samples for a pollutant collected during a calendar day. (9j 2) Director: The director of the county's department of utilities services or the director's designee. (4-913) Domestic wastewater: Wastewater derived principally from dwellings, business buildings, institutions, and other non -industrial sources. (44-14) Environmental Protection Agency or EPA: The U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, or other duly authorized official, of such agency. (4- 15) Existing Source: Any source PPf discharge, the construction or operation of which began before publication by EPA of proposed categorical pretreatment standards, and to which categorical pretreatment standards will be applicable if the categorical pretreatment standard is thereafter promulgated in accordance with Section 307 of the Act. With respect to section 201.681, any facility subject to this Section whose first discharge to the sewer collection system occurred on or before July 14, 2017. (4-�16) Grab sample: A sample that is taken from a waste stream without regard to the flow in the waste stream and taken over a time period not to exceed fifteen (15) minutes. (a-417) Hazardous waste pharmaceutical: A pharmaceutical that is a solid waste, as defined in Title 40 of the Clode of Federal Regulations (40 CFR) section 261.2, and exhibits one (1) or more characteristics identified in 40 CFR part 261 subpart C or is listed i 40 CFR part 261 subpart D. (45 18) Healthcare facility: Any perso that is lawfully authorized to: a. Provide preventative, diagn stic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or 141 1 b. Distribute, sell, or dispensb pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third -party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians' offices, optical and dental providers,' chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail- order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. (4-619) Indirect discharge or discharge: The introduction of pollutants into the publicly -owned treatment worksftom any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. (4720) Industrial user: Any user other than a domestic wastewater user. (a-621) Industrial wastewater: Any discharge to the POTW other than segregated domestic wastes or wastes from sanitary conveniences. (a-922) Instantaneous maximum allowable discharge limit: The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. (2023) Interference: A discharge that, alone or in conjunction with a discharge or discharges from other sources, both: (a) inhibits or disrupts the POTW, its treatment processes or operations, or its domestic wastewater residuals processes, use or disposal; and (b) is a cause of a violation of any requirement of the county's NPDES or FDEP permits (including an increase in the magnitude or duration of a violation), or prevents use or disposal of domestic wastewater residuals by the county in compliance with F.S. ch. 403 and FDEP rules. (24) ISO 11143: The International Organization for Standardization's standard for amalgam separators. (24-25) Local limit: Specific discharge limits developed and enforced by the county upon industrial or commercial facilities to implement the general and specific discharge prohibitions as referenced in Section 201.65 of this chapter and as listed in 40 CFR 403.'5(a)(1) and (b). (2-226) Medical waste: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. 142 (2 227) Monthly average: The sum of all "daily discharges" measured during a calendar month divided by'the number of "daily discharges" measured during that month. (2428) New Source: (a) Any building, structure, facility, or installation from which there is or may be a discharge, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (i) The building, structure, facility, or installation is constructed at a site at which no other source of discharge is located; (ii) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (iii) The production or wastewater generating processes of the building structure, facility, or installation are substantially independent of an existing source of discharge at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source shall be considered; (b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subparagraphs (a)(2) or (a)(3) above but otherwise alters, replaces, or adds to existing process or production equipment; or (c) Construction of a new source, as defined herein, has commenced if the owner or operator has: (i) Begun, or caused to begin as part of a continuous on- site construction program (a) any placement, assembly, or installation of facilities or equipment, or (b) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the 143 placement, assembly or installation of new source facilities or equipment; or (ii) Entered into a binding contractual obligation for the purchase of facilities or equipment, which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition. (d) With respect to those dental facilities regulated per section 201.681, any facility subject to this Section whose first discharge to the sewer system occurs after July 14, 2017 and must comply immediately upon commencement of discharge. Section 201.681.- Dental Facilities. (a) All owners and operators of dental facilities "that remove or place amalgam fillings shall comply with the following reporting and waste management practices: (1) For existing sourcesper 40 CFR 441.150 the One -Time Compliance Re for Dental Dischargers was due no later than October 12. 2020 or no later han (2) For new sources, the One -Time Compli4nce Report is due within 90 days of the start of discharge to the sewer collection sstem. (3) No person shall rinse chairside traps, va uum screens or amalgam separators equipment in a sink or other connection to the sanitary sewer. (4) Owners and operators of dental facilitiesi shall ensure that all staff members who handle amalgam waste are trained in the proper handling,management and disposal of mercu -contai ing mat vial and fixer -containing solutions and shall maintain training records that shall be available for inspection by the superintendent or designee durinq normal business hours. (5) Amalgam waste shall be stored and mana ed in accordance with the instructions of the rec cler or hauler of s ch materials. (6) Bleach and other chlorine -containing disi fectants shall not be used to disinfect the vacuum line system. (7) The use of bulk mercury is prohibited. Only pre -capsulated dental amalgam is permitted. i 144 (b) All owners and operators of dental vacuum suction systems, except as set forth in subsections (c) and (d) of this section, shall comply with the following: (1) An ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam separator or equivalent device shall be installed for each dental vacuum suction system on or before July 14, 2020; provided, however, that all dental facilities that are newly constructed on and after the effective date of this section shall include an installed ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam separator device. The installed device must be ISO 11143 or ANSUADA Standard No. 108 certified as capable of removing a minimum of 95 percent of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither_ the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a non -certified separator will be accepted, provided that smaller units from the same manufacturer and of the same technology are ISO -certified. (2) Proof of certification and installation records shall be submitted to the Director, within 30 days of installation. (3) Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request therefor by the superintendent or designee during normal business hours. Records shall be maintained for a minimum of three years. (c) Facilities with vacuum suction systems that meet all the following conditions may apply to the superintendent for an exemption to the requirements of subsection (b) of this section: (1) The system is a dry vacuum pump system with an air -water separator. (2) The sedimentation tank is non -bottom draining, with the drain above the anticipated maximum level of accumulated sludge. (3) Evidence of regular pump outs by a licensed hauler (a minimum of once a year, or more often if either directed by the manufacturer or necessary to keep solids from exiting through the drain) is maintained and open to inspection by the superintendent during normal business hours. (4) The system has no direct discharge pipe to the sewer on the bottom of the sedimentation tank. I An owner or operator wl for this exemption by wri 1) through (4) may app Director will review the 145 system and, if the exemption is approved,shall provide a written letter of exemption. An exemption obtained pursuant to this subsection (c) shall expire upon installation of a new vacuum system. Upon expiration of the exemption, the facility shall comply with subsection (b) of this section before commencing further operation. (d) Dental dischargers that exclusively practice one or more of the following specialties are not subject to the requirements of this section: (1) Orthodontics; (2) Periodontics; (3) Oral and maxillofacial surgery; (4) Radiology; (5) Oral Pathology or oral medicine; (6) Endodontistry and prosthodontistry. (e) Dental practices that do not place dental amalgam, and do not remove amalgam except in limited emergency or unplanned, unanticipated circumstances, are exempt from the requirements of this part, provided the dental practice (1) Submits the following statement to the County, signed by a responsible corporate officer, general partner, proprietor, or a duly authorized representative by the applicable compliance deadline identified in Section 201.681(a): "This facility is a dental discharger subject to this rule and does not place or remove dental amalgam except in limited emergency or unplanned, unanticipated circumstances. I am a responsible corporate officer, a general partner or proprietor (if the facility is a partnership or sole proprietorship), or a duly authorized representative in accordance with the requirements of 40 CFR 403.12(1) of the above named dental facility, and certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. ", (2) Removes dental amalgam for limited emergency or unplanned, unanticipated circumstances, less than 3 times per year and as no more that .5% of dental procedures; and 146 (3) The dental practice notifies applicability of this certification. (f) Disposal of hauled waste from dental facilities to the sanitary sewer is prohibited in accordance with Section 201.65 of the Code. (g) Dental dischargers that fail to comply with this section will be considered significant industrial users, and will be subject to the requirements herein, including the compliance monitoring, reporting requirements, and enforcement remedies identified in Sections 201.73 — 201.92 of the Code. Section 3. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. i Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the day of September, 2021, for a public hearing to be held on the 21St day of September, 2021, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman, Joseph E. Flescher Vice -Chairman, Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the ordinance my passed and adopted this day of , 2021. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 147 By: ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk Joseph E. Flescher, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 2021. 148 INDIAN RIVER INTER -OFFICE AH OFFICE OF TO: Members of the Board of County DATE: September 14, 2021 THROUGH: Jason E. Brown, County FROM: Kristin Daniels, Director, SUBJECT: CARES Act — Spending Plan BACKGROUND: On July 7, 2020, the Board of County Commissioners Plan for the first 25% allocation received from the S1 14, 2020. Subsequently, on August 18, 2020, the Bo plan. On September 22, 2020 the Board approved all Phase 2 Spending Plan. On November 10, 2020 the Bi additional $1,886,518, bringing the total proposed pl the Board approved use of the full $27,905,330 India revisions to the plan were approved on January 5 attributed to public health/public safety payroll to oth 2021, Indian River County received the remaining $1 therefore received the entire $27,905,330 allocatio: approved on March 9, 2021, to reallocate funding beth DEPARTMENT MATTERS RANDUM & BUDGET & Budget approved the initial CARES Act Spending de, With slight revisions approved on July Mrd approved further revisions to the initial wating an additional $4,662,600 under the yard made other revisions to the plan for an an to $13,525,451. On December 1, 2020 L River County has been allocated. Further 2021, which allocated the $12,723,176 Fr expenditure categories. On February 17, ,347,931 in CARES Act funding, and has . Additional revisions to the plan were een categories. Because the Board elected to draw down funding v reimbursement for public health/public safety payroll expenses, the Board has discretion cn awarding these .funds after the -initial December 30, 2020 CARES Act deadline. On Janatry 5, 2021, the Board .approved time extensions with each agency that had funds remaining to grant them the remainder of the current fiscal year to spend their allocations. ANALYSIS: The following table shows the currently approved revisions to the plan. The majority of the proposed agencies and municipalities returning portions of the changes are itemized below. These decreases are bi have a future need for the funding. ation by category and recommended iding plan revisions are due to select ocations. Details; regarding individual offset by increases in line items that 149 CARES Act SpendinPlan Type of Expense Approved A ocation Proposed Reallocation Municipalities $ ,335,929 -$57,851 Constitutional Officer Expenses $ ,388,573 $0 BCC Expenses $ ,301,660 $695,987 Health Department 5600,453 $0 Other Healthcare Providers 5380,280 $0 State Agencies $30,006 $0 Economic Development $ ,660,000 -$19,147 Community Support $1(,181,745 -$618,989 School District of IRC $ ,026,690 $0 PH/PS Payroll to be Reallocated $0 $0 Total $21,905,330 $0 Municipalities Indian River Shores, City of Vero Beach and City, o Sebastian have informed the County that they will not be seeking any further reimbursemen s and would like to return their unspent allocations totaling $57,851. These funds will provi a additional funding to other COVID-19 expenditures. The City of Fellsmere has requested an additional t' a extension from September 30, 2021 to December 1, 2021. This additional time would be us to design specific construction plans for the implementation of broadband based on the results f the completed study. BCC E%penses Adjustments need to be made in the BCC expense ca gory to cover additional expenses which have arisen that can be funded from decreases in other reviously funded expense categories. An additional $300 is needed to cover the final balance o the Families First Coronavirus Response Act (FFCRA) leave time that was provided to employ s under the CARES Act. On September 14, 2021 the Board of County Commi; to employees as an incentive to become vaccinated. $232,625, and has been included in the BCC Expem Purchases are being increased by $463,062. Due to pandemic, this funding is being categorized as miscel unanticipated expenses that may arise as a result of C to cover any ineligible expenses reported under the A the ARP guidance continues to change and evolve, Staff believes this placeholder could be beneficial to are covered. In the event there is leftover CARES A closed, the remaining` balance could potentially be Insurance fund for any COVID-19 related expenditure oners approved additional vacation hours his 'incentive carries' a maximum cost of listed in the table below. Miscellaneous unpredictable nature of the ;COVID-19 nous as a:placeholder for any upcoming VID-19. This funding could also be used .erican Rescue Plan Act (ARP). Because ten after expenditures have taken place, isure all COVID-19 related expenditures funding after the ARP funding has been sed to reimburse the, Employee Health that have been charged against the plan 150 BCC Expenses Additional Need COVID-19 Leave Time $300 Vacation Hours/Employee, Vaccine Incenti e $232,625 Miscellaneous Purchases $463,062 Total $695,987 Economic Development On September 22, 2020, the County allocated `$60 000 to Indian River State College for a program to provide courses to County residents that ill provide additional skillsets and training to potentially help those affected by COVID-19 insecuring employment going forward. The College has invoiced the County for $40,853 and Wishes to return the remaining allocation totaling $19,147. Community Support To date, the Indian River Hospital District has expen ed $349,211 of their $358,301 allocation. The remaining $9,090 will not be expended and will be used towards other COVID-19 expenditures. As of August 20, 2021, the United Way has been reim over $1.43M in mortgage, rental and utilities assistant $592K to non-profit sub agencies, $180K in mer, scholarships, $33K in legal help for eviction preventh to oversee these programs. Although aide is still n additional $350,000 will be needed to adequately sups be returned to the County from their allocation. These 19 expenditures. RECOMMENDATION: Staff recommends that the Board consider the propo changes to the plan and adopt the proposed plan with that the Board approve the CARES Act Amendme Fellsmere. Staff recommends that the Board approve River Shores ($35,489), City of Vero Beach ($9,850), 1 State College ($19,147) and Indian River Hospital Di along with an increase in BCC expenses for direct G $695,987. ATTACHMENTS: CARES Act Spending Plan City of Fellsmere CARES Act Amendment 3 used a total of $2,427,602. This includes to more than 800 individual households, I health , services, $118K in childcare and nearly $75K in dedicated staff time &d, the United Way predicts only an art all areas of need, leaving $609,899 to ands will be used towards other COVID- 1 . CARES Act reallocations, make any applicable changes. Staff recommends 3 and Time Extension with City of e decreases in allocations from Indian ty of Sebastian ($12,512, Indian River ict ($9,090), United -Way ($609,899), IID -19 expenditures in the amount of 151 Indian River County CARES Act Spending Plan Initial 25% Allocation $6,976,333 Second 20% Allocation $5,581,066 Total Allocation $27,905,330 Current Balances as of September 13, 2021 March 9, 2021 Reimbursed as of Proposed Type of Expense Budget September 13 Remaining Budget Revisions Revised Total Municipalities $2,335,929 $1,708,860 $627,069 -$57,851 $2,278,078 Fellsmere $520,000 $347,835 $172,165 $0 $520,000 Indian River Shores $65,000 $29,511 $35,489 -$35,489 $29,511 Orchid $23,871 $23,320 $551 $0 $23,871 Sebastian $1,074,322 $1,050,308 $24,014 -$12,512 $1,061,810 Vero Beach* $652,736 $257,886 $394,850 -$9,850 $642,886 Constitutional Officer Expenses $3,388,573 $3,378,112 $10,461 $0 $3,388,573 Clerk $157,292 $146,831 $10,461 $0 $157,292 Sheriff $2,939,889 $2,939,889 $0 $0 $2,939,889 Property Appraiser $13,000 $13,000 $0 $0 $13,000 Tax Collector $278,392 $278,392 $0 $0 $278,392 BCC Expenses $7,301,660 $5,591,677 $1,709,982 $695,987 $7,997,647 COVID-19 Straight Time $858,157 $504,041 $354,116 $0 $858,157 COVID-19 Overtime $550,000 $323,177 $226,823 $0 $550,000 COVID-19 Leave Time $1,931,587 $1,931,887 -$300 $300 $1,931,887 Vacation Hours/Employee Vaccine Incentive $0 $0 $0 $232,625 $232,625 ESD & Vaccination Project $1,270,371 I $785,909 $484,462 $0 $1,270,371 Worker's Comp - First Responders $492,561 $453,874 $38,687 $0 $492,561 Miscellaneous Purchases (PPE, Plexiglas Dividers, Signage, etc.) $492,670 $353,840 $138,830 $463,062 $955,732 Bi -Polar Ionization $239,568 $191,262 $48,306 $0 $239,568 IT Upgrades $918,093 i $698,905 $219,188 $0 $918,093 Temperature Taking Kiosks $46,802 i $46,802 $0 $0 $46,802 Munis Modules to Support Teleworking $85,250 $64,910 $20,340 $0 $85,250 Enhanced Cleaning of Buildings $196,601 $123,815 $72,786 $0 $196,601 Consultant Services $100,000 $51,190 $48,810 $0 $100,000 Educational Campaigns $120,000 $62,065 $57,935 $0 $120,000 Health Department $600,453 $451,999 $148,454 $0 $600,453 Other Healthcare Providers $380,280 $280,280 $100,000 $0 $380,280 Treasure Coast Community Health (TCCH) $200,000 $200,000 $0 $0 $200,000 Whole Family Health Center $80,280 $80,280 $0 $0 $80,280 Cleveland Clinic $100,000 $0 $100,000 $0 $100,000 State Agencies $30,000 $22,961 $7,039 $0 $30,000 Economic Development $2,660,000 $2,720,000 -$60,000 -$19,147 $2,640,853 Small Business Development Center' $2,600,000 $2,720,000 -$120,000 $0 $2,600,000 OJT College Partnership $60,000 $0 $60,000 -$19,147 $40,853 Community Support $10,181,745 $7,005,171 $3,176,574 -$618,989 $9,562,756 Treasure Coast Food Bank' $1,600,000 $1,790,000 -$190,000 $0 $1,600,000 Senior Resource Association' $275,000 $326,898 -$51,898 $0 $275,000 Indian River County Hospital District $358,301 $349,211 $9,090 -$9,090 $349,211 United Way $3,387,500 $2,427,602 $959,898 -$609,899 $2,777,601 PPE Kits $60,944 $60,944 $0 $0 $60,944 Mortgage/Rental Assistance $4,500,000 $2,050,516 $2,449,484 $0 $4,500,000 School District of Indian River County $1,026,690 $1,026,690 $0 $0 $1,026,690 Additional Public Health & Public Safety Payroll Expenses $0 $0 $0 $0 $0 Total1 $27,905,3301 $22,185,7111 $5,719,5781 $0 $27,905,330 'COVE allocated $120,000 of their allocation to the Small Business Grant Program, $190,000 to the Treasure Coast Food Bank and $75,000 to the Senior Resource Association. 152 THIRD AMENDMENT TO INDIAN RIVER COUNTY CARES ACT AGREEMENT THIS THIRD AMENDMENT TO INDIAN RIVER COUNTY CARES ACT AGREEMENT ("Amendment") is entered into as of the day of , 2021 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27h Street, Vero Beach, Florida, 32960 ("Recipient"), and City of Fellsmere, a municipality, whose address is 22 S. Orange Street, Fellsmere, FL 32948 (the "Subrecipient"). RECITALS WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient (the "Agreement"); and WHEREAS, Recipient and Subrecipient entered into the First Amendment to Agreement, which revised the Scope of Work/Spending Plan and increased the funding from $209,067 to $309,067; and WHEREAS, the Recipient and Subrecipient entered into the Second Amendment to Agreement, which revised the Scope of Work/Spending Plan and increased the funding from $309,067 to $520,000 and revised scope of work to reflect the uses of the additional funding; and WHEREAS, the Recipient and Subrecipient wish to amend the Agreement again to revise the scope of work to reallocate the funding among uses and to extend the deadline to expend funds; and NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Extension of the Agreement. The Agreement is extended to December 1, 2021. 3. Amendment of Section 31 (Scope of Work). Section 31 of the Agreement is amended to read as follows: "(31) SCOPE OF WORK The Sub recipient shall perform the tasks as identified and set forth in the Revised Scope of Work, which is Third Revised Attachment A." 4. Revised Attachment "A" to the Agreement shall be removed and replaced with Third Revised Attachment "A", which is attached to this Amendment. Page 1 of 2 153 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this day of , 2021. CITY OF FELLSMERE 22 S. Orange Street, Fellsmere, Florida 32948 Mark D. Mathes, City Manager ATTEST: Maria Suarez -Sanchez, City Clerk Approved as to Form and Legal Sufficiency Warren Dill City Attorney Page 2 of 2 IAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Board of County Commissioners by BCC Jef iey R. Smith, Clerk of Circuit Court and Comptroller Br Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold County Attorney Jason E. Brown, County Administrator 154 el t: -1el /j� el,, - Revised August 6, 2021 Jason Brown, Administrator Indian River Board of County Commissioners County Administration Office 1801 27th Street Vero Beach, FL. 32960-3365 RE: Revised Spending Plan for CARES Act Funding Dear Mr. Brown: Please accept this letter as the City of Fell mere's proposed spending plan for the CARES Act funding allocation offered by Indian River County. The City of Fellsmere is thankful for the allocation to help defray costs related to Covid-19. The City Council approved the revised funding sub -agreement at their August 5th council meeting as part of a duly noticed agenda item. This request also includes an extension of the date to expend funds from September 30, 2021 to December 1, 2021. 1. Provide for Pay with Hazard Bonus to Police Officers $34,365.52 2. Provide Personal Protective Equipment to Businesses $ 0.00 3. Conduct Public Outreach/Education on Covid-19 prevention and Mask Order $ 0.00 4. Install Ion Generators in AC System of City Hall and PW/PD $8,3000.00 5. Provide for sealed doors/pass-throughs for Utility Cashiers $155,252.26 & Renovate Council Chambers to allow for social distance seating 6. Provide for sealed doors/pass-throughs for Police Department Lobby $59,218.63 7. Council Chamber Technology $44,361.65 8. Emergency Protective Measures $3,631.51 9. Broadband Enhancement Study & Implementatior $212,193.62 10. Covid Vaccination Site — crowd control $2,676.81 TOTAL $520,000.00 See attached scope for additional detail. Please let me know if any additional information or back-up is required in support of the above spending plan. Respectfully, Mark D. Mathes City Manager 22 South Orange Street FellsmerF, Florida 32948-6700 155 Phone: 772-571-1616 Faxj772-571-8615 Spending Plan for CARES Act Funding Provide for Pay with Hazard Bonus to Police Office $34,365.52 Police Officers have been responding to public emergencies throughout the Covid-19 pandemic. As allowed by CARES Act Funding guidelines, the City of Fellsmere will utilize CARES funding a hazard bonus ($34,365.52 total) from March 1, 2020 through December 30, 2020. Pay will be provided to officers on payroll as of the effective date of the CARES Act Funding Agreement between the City of Fellsmere and Indian River County and shall be based on the front-line duty time during the pandemic. Install Ion Generators in AC System of City Hall and PW/PD $8,300 Ion Generators are a proven technology for the reduction of harmful bacteria and viruses. Ion Generators will be installed in all air conditioning systems within the City of Fellsmere City Hall and Police/Public Works complexes. Provide for sealed doors/pass-throughs for Utility Cashier & $155,252.26 Renovate Council Chambers to allow for social distance seating Since the construction contract for these two items did not separate between the two, the related work is now presented in a single line item. Current operations for Utility Cashiers include half partition walls in open air rooms with open pass throughs. Given the airborne nature of the Covid-19, a new wall will be constructed to provide an air -tight separation between the public and employees and will utilize intercom communication and pass-through drawers to ensure constant separation of air spaces. In addition, current operations in the City Council Chambers do not allow for social distancing of council members, staff or the public. Joining Council Chambers with an un -used adjacent room would allow space to spread seating for staff and the public to maintain social distancing, a proven means to mitigate the spread of Covid-19. This would also then allow the City Council members to spread across the entire dais providing social distance for the Council members as well. Provide for sealed doors/pass-throughs for Police and Public Works Lobby $59,218.63 Current operations for the Police/Public Works lobbies include open air pass throughs and non -air -tight doors. Given the airborne nature of the Covid-19, anew wall will be constructed to provide an air -tight separation between the public and employees and will utilize intercom communication and pass-through drawers to ensure separation of air spaces. Council Technology $44,361.65 The City of Fellsmere has utilized virtual public meetings since the onset of COVID. The City will continue to utilize this meeting format to allow public participation without the need to physically attend city meetings. The City will purchase and install technology in the Council Chambers and scanning technology to allow for virtual meetings, enhance document bresentation at such meetings, and to allow document access for remote employees. f 22 South Orange Street Fellsmere Florida 32948-6700 156 Phone: 772-571-1616 Fax: X72-571-8615 Emergency Protective Measures 1 $3,631.51 The City of Fellsmere responded to COVID by purchasing personal protective equipment for its employees, modifying workspaces, implementing telework and virtual public meetings. This task addresses expenses related to implementing emergency protective measures through 12/30/2020 to protect staff and the general public. Broadband Enhancement Study & Implementation$212,193.62 As funds allows, the City of Fellsmere will identify impedim nts to broadband access for residents and businesses and implement solutions to enhance broadban service to the community. Covid Vaccination Site — Crowd Control $2,676.81 Police Officers have been assigned to local Vaccination si s Overtime rate will be paid to officers attending a vaccination site for crowd control purposes. Contingency $TBD This task will be utilized if funds are available for other COVID expenses that have not been identified to date. 22 South Orange Street Fellsmere,(Florida 32948-6700 16 Phone: 772-571-16Fax: 7, 2-571-8615 157 Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following editions dated as below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 09/10/2021 Subscribed and:sw /to before on September 10, 2021=;. L'- - /�'J' '—'� Notary, State of o n y ofBrown My commisst, .Qxpire., Publication Cost: $143.64 Ad No: 0004887602 Customer No: 1310785 AMY K 0 K 0 TT PO#: Dental Facilities Notary Public State of Wisconsin # of Affidavits _ . .. . NOTICE OF INTENT - PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of Gouhty COMMIS- kners of Indian River Coanty, Florida, will copdurt a. P,ubiic Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.64 (DEFINITIONS; CONSTRUCTION AND INTERPRETATION) AND CREATING SECTION 201.681 OF PART III (THE (DENTAL FACILITIES) IER COUN- TY INDUSTRIAL PRETREAT- MENT REGULATIONS ORDI- NANCE) OF CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN RIVER COUNTY IN OR- DER TO INCLUDE REGULA- TIONS OF DISCHARGES FROM DENTAL FACILITIES; PROVID- ING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFEC- TIVE DATE. The Public Hearing will be held on Tuesday, September 21, 2021 at 9:05' a.m., or as soon thereafter as the matter may be heard, in the CoUntV Commission Chambers Io2ated on the first floor of Building A of the. Coum. Administrative to mty Commissioners lo- on the second floor, of Ig: A of the County Ad- AtiveCompplex, 180:1 treet, Vero Beach, Flork a[tenlafi+ely the pro- 6(40aii . may be :iri- upon: Americans With Disabilities Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the iiieeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS JOSEPH E. FLESCHER, CHAIR- MAN Pub Sep. I Oth 2021 TCN4887602 f1AKT'Oi-`t}tE:l9SA'i�IlAltt+l�'fiYti!<ilK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following editions dated as below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement, 09/10/2021 Subscribed and <sw . `to before on September 10, 2021; L,-,- /,I, '—'� Notary, State of; a .n " drown My commisst -expire `�----- Publication Cost: $143.64 Ad No: 0004887602 Customer No: 1310785 AMY K••�• PO #.* Dental Facilities Notary Public State of Wisconsin # of Affidavlts 1 NOTICE OF INTENT - PUBLIC HEARING NOTICE IS HEREBY GIVEN that the. Board of County Cbmiiils- sl6ners of Indibri Rider CoWtyy, Fi)rida, will conduct a Public Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201,64 (DEFISTRUCTION AND NINTERPRETATIO) AND CREATING SECTION 201.681 FACILIEOF PART III ( HEENTALINDIANTIRIVER COUN- TY INDUSTRIAL PRETREAT- MENT REGULATIONS ORDI- NANCE) OF CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN RIVER COUNTY IN OR- DER TO INCLUDE REGULA- TIONS OF DISCHARGES FROM DENTAL FACILITIES; PROVID- ING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFEC- TIVE DATE. The Public Hearing will be held on Tuesday; September 21, 2021 at 9:05 a.m., or as soon thereafter as the matter may be heard. in the CoUnty on " the a A of upom must contact the gounty-s titans With Disabilities (ADA) Coordinator at 772- .1223 at leapt 48 hours In ince of the'ineeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS JOSEPH E. FLESCHER, CHAIR- MAN Pub Sep. 1 Oth 2021 TCN4887602 DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Timothy Rose Contracting Proposed Donation of Concrete Material to Support the County's Artificial Reef Program DATE: September 13, 2021 BACKGROUND AND DESCRIPTION Timothy Rose Contracting, a local Vero Beach based contractor, recently approached the County Public Work's Department offering, as a donation, a stockpile of old concrete culvert pipes for use as Artificial Reef building material in support of the County's Artificial Reef program. The culvert pipes were removed from a drainage project being performed by Timothy Rose Contracting on 58th Avenue in Indian River County. The County's Artificial Reef program functions to create man-made habitats for the sole purpose of mimicking natural structures on the ocean floor to support ecological functions associated with reefs. Many different materials have been used to create Artificial Reefs, with common building blocks being repurposed/secondary use concrete products such as concrete railroad ties, concrete bridge decks, light poles as well as the culvert pipes that are being offered by Timothy Rose Contracting. Indian River County's longstanding Artificial Reef program routinely uses these secondary use concrete products as deployment materials when creating or adding to existing artificial reefs. The County has two approved artificial reef areas, an off -shore site approximately 10 to 12 miles east/northeast of the Sebastian Inlet and a second site closer to land at approximately 3 miles east/southeast of the Sebastian Inlet. These sites have been used by the County over the years for reef deployment projects, with adequate room remaining within our permitted area for additional materials. As the price of building materials has increased over the years and the repurposing of used concrete products has become more routine, being offered a donation of material acceptable for reef building, such as the concrete culvert pipes offered by Timothy Rose Contracting, is uncommon. The County should consider accepting this proposed donation of material. 158 FUNDING Funding is not required at this point as the material is being offered as a donation to the County. The material will be hauled from its present location off of 58th Avenue by the Contractor, off loaded by the County, and stored on County property while staff pursues grant funding assistance for future Artificial Reef deployment activities. RECOMMENDATION Staff recommends the Board of County Commissioners accept the donation of the proposed material from Timothy Rose Contracting. ATTACHEMENT Artificial Reef building material donation agreement APPROVED AGENDA ITEM FOR: September 21, 2021 159 ARTIFICIAL REEF BUILDING SUPPLIES DONATION AGREEMENT THIS AGREEMENT made this day of , 2021, by and between Indian River County ("IRC"), a political subdivision of the State of Florida, whose point of contact is IRC, Attention Public Works Department, 1801 27th Avenue, Vero Beach, FL 32960, and Timothy Rose Contracting, Inc., a Florida corporation, whose contact address is 825 8th Street, Vero Beach, FL 32962. WHEREAS, IRC has an artificial reef program that uses various types of construction material to build and expand two artificial reefs off of the coast of IRC, and WHEREAS, Timothy Rose Contracting has offered to donate concrete pipes that are suitable for use as reef building material. IT IS THEREFORE, AGREED as follows: 1. Timothy Rose Contracting, Inc. hereby donates to IRC old culvert pipes removed from a drainage project on 58th Avenue within Indian River County for use in the County's Artificial Reef program. Timothy Rose Contracting, Inc. shall be responsible for delivery of the materials to the County storage facility located on 41St Street until they can be used for reef building. IRC shall provide the necessary equipment to unload the materials from transport vehicles of Timothy Rose Contracting, Inc. 2. If at anytime IRC determines that the use of the donated culvert pipes better serve the residents of Indian River County being repurposed for other activities, IRC reserves the right to take this action. IN WITNESS WHEREOF, the Board has executed this Donation Agreement as of the date approved below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Timothy Rose Contracting, Inc. By: Timothy Rose, President Approved as to form and legal sufficiency Bv: Dylan Reingold, County Attorney Approved By: Jason E. Brown, County Administrator 160 12.G.1. 09/21/2021 1 PROPOSED DONATION TO SUPPORT THE ARTIFICIAL REEF PROGRAM BCC MEETING SEPTEMBER 21, 2021 ■ Timothy Rose Contracting, a local Vero Beach based contractor, approached the County to donate a stockpile of old concrete culvert pipes for use as artificial reef building material ■ These culvert pipes were removed from a drainage project on 58th Avenue 12.G.1. 09/21/2021 ■ The County has two approved artificial reef areas ■ These sites have been used by the County over the years for reef deployment projects,. with adequate room remaining within the permitted area for additional materials ■ The artificial reef program functions to create man-made habitats for the purpose of mimicking natural structures on the ocean floor to support ecological functions associated with reefs ■ Secondary use concrete products are commonly used materials for artificial reefs I�O-2 12.G.1. 09/21/2021 3 DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Molly Klinepeter, Lagoon Plan Environmental Specialist SUBJECT: Research Review Phase of the IRC Lagoon Management Plan: Update 4 DATE: September 9, 2021 BACKGROUND On July 16, 2019, the Indian River County Board of County Commissioners (BCC) adopted an outline for developing the County's Indian River Lagoon Management Plan for our portion of the Indian River Lagoon (Lagoon). Staff was approved to use a multi -phased approach to develop this plan over the timeline identified in Attachment A (Research Plan Timeline). The first phase was the Research Review Phase, which identified 17 key factors that may be impacting the health of the Lagoon in our area. Staff has been working with numerous departments and stakeholders involved with the Lagoon to gather current scientific and data -based information about these outlined factors. Following collection of this information, staff have been: • consolidating available data • identifying informational gaps • preparing infographics to disseminate information learned Staff is to present four quarterly presentations to the BCC about information collected. Staff will provide a presentation to the BCC about our findings for our fourth and final quarter research phase which addresses the 5 remaining topics identified in the approved timeline, focusing on areas where more information may be needed in order to determine what impacts may be occurring as related to the fields of study. Supporting research on the summaries presented in this agenda is included as Attachment B. DESCRIPTIONS AND CONDITIONS The topics to be presented are as follows: 1. Marinas and Boat Ramps (Part 2) ,Marinas and boat ramps are heavily used throughout the Indian River Lagoon (Lagoon) by the local community and visitors for boating purposes. Boating in the Lagoon is an enjoyable activity for many, but it comes with responsibilities and regulations that must be adhered to in order to protect the natural resources present. Rules and regulations vary from the state -level to the local -level depending on specific county and city ordinances in place. It is important for boaters to be aware of these regulations when boating or mooring out on the Lagoon. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FCOF4328\@BCL@FCOF4328.docx 161 Page 2 of 3 BCC Agenda Item for September 21, 2021 Update 4— Research Review Phase of IRL Plan 2. Onsite Sewage Treatments and Disposal Systems (OSTDS) OSTDS, or septic systems, are one form of waste treatment that can be utilized by homes throughout Florida. However, improper maintenance of OSTDSs can lead to detrimental impacts on the surrounding environment. Alternate options to OSTDSs include connections to a sewer system where available or upgrading OSTDS to enhanced treatment systems. This is especially important for homeowners within sensitive watersheds, such as the Lagoon's watershed. People are continually moving to Florida, and homes should be adequately equipped to not impact the resources around them when possible. 3. Stormwater The County's Stormwater Division is tasked with reducing, to the maximum extent possible, the pollution of the Lagoon caused by stormwater runoff and base groundwater flow. The Division is also responsible for helping the County implement federally mandated National Pollutant Discharge Elimination System (NPDES) permit goals. These goals are accomplished through design, construction, and operation of regional stormwater pollution removal systems; education; and fertilizer, sediment, and erosion control enforcement monitoring. 4. Water Consumption Water is a necessity not only for humans but for ecosystems throughout Florida, including the Indian River Lagoon (the Lagoon). Water supplies need to be sustainable for future needs as populations and demand continue to increase throughout the County and state-wide. It is also important to remember that any water consumed and sent down toilets and drainpipes on residential and commercial properties must be treated and disposed, with limited options for disposal of the treated wastewater. There are numerous actions that can be taken to protect this limited resource, from a regional -scale to an individual -scale. S. Sustainability and Resiliency (Part 2) Sustainability and resiliency are terms often misunderstood as buzz -words used throughout the world today. In the context of the Lagoon, sustainability can be defined as the ability of the Lagoon to survive in the future, environmentally, socially, and economically. Resiliency is defined as the ability of the Lagoon to prepare for threats, absorb impacts, recover and adapt following persistent stress or a disruptive event (Science of the Environment, February 2018). Together, these terms are used in the creation of proactive approaches to ensure the long- term future of the Lagoon. Sustainability and resiliency actions can occur on a large scale, regional scale, or on a homeowner -level scale. The Lagoon is a valuable asset, and benefits the County receives from it are far more than its presence as an estuary in our backyard. FUNDING Funding is not necessary for the update of the Research Review Phase. C:\Users\legistar\AppData\L.ocal\Temp\BCL Technologies\easyPDF 8\@BCL@FCOF4328\@BCL@FCOF4328.docx 162 Page 3 of 3 BCC Agenda Item for September 21, 2021 Update 4— Research Review Phase of IRL Plan NEXT STEPS This concludes the Research and Review Phase of the County's Lagoon Indian River Lagoon Management Plan (Plan). Based on the accepted approach for the creation of this plan, the next step for staff would be to begin the creation of the Plan itself. The 17 key factors discussed throughout the Research and Review Phase will make up the main elements of this Plan. These factors are all intertwined when discussing management of the Lagoon, and it would be difficult to create a holistic Plan without the inclusion of all topics discussed previously. It is anticipated the Plan creation will take 8-12 months to complete. RECOMMENDATION Staff is requesting continued support for the development of the Indian River Lagoon Management Plan. ATTACHMENT A. Research Plan Timeline B. Supporting Research PPROVED AGENDA ITEM FOR: September 21. 2021 iBCL@FCOF4328.docx 163 - q / � � ± \ ) \. / \ abo (\ \ ) ) ] ) !2 2 |] c[ / ? ! \ \ k00 \ \ { { ) ) k k \\ \ { #/r§ \ }\\�}\ «;aaaR )] { \ \\ \ �kk)% § \k\\\ ) � , \{\ )� �k § �£ 20 ;4\E45 3 It 1.0 P-0 Attachment B: Supporting Research September 21, 2021 Research Review Phase of the IRC Lagoon Management Plan: Update 4 1. Marinas and Boat Ramps (Part 2) Marinas and boat ramps are heavily used throughout the Indian River Lagoon (Lagoon) by the local community and visitors for boating purposes. Boating in the Lagoon is an enjoyable activity for many, but it comes with responsibilities and regulations that must be adhered to in order to protect the natural resources present. Rules and regulations vary from the state -level to the local -level depending on specific county and city ordinances in place. It is important for boaters to be aware of these regulations when boating or mooring out on the Lagoon. Derelict and abandoned vessels can have negative impacts to the Lagoon environment. These vessels are capable of harming habitat, leaking pollutants into the surrounding environment, and can be dangerous to other boaters if the vessel has sunk. A 2016 study (A. Turner and A. Rees) found that the materials most commonly observed with abandoned vessels were paints, plastics, timber, expanded - extruded polystyrene and masonry, and items logged included ropes, tires, canisters, electronic equipment, and a variety of metal objects. As these materials leech into the waterways, they can act as sources of pollutions to sediments, organisms, and the water. The Florida Fish and Wildlife Conservation Commission (FWC) monitors vessels at risk of becoming derelict within the Lagoon. The process of classifying a vessel as derelict can be initiated from state, county, and local law enforcement officers. From there, the FWC officer may determine that the vessel is derelict, at risk, or neither derelict or at risk, and will follow proper protocols as established by Florida Statue (F.S.). A vessel is considered at risk of becoming derelict if: the vessel is taking on or has taken on water without an effective means to dewater; spaces on the vessel that are designed to be enclosed are incapable of being sealed off or remain open to the elements for extended periods of time; the vessel has broken loose or is in danger of breaking loose from its anchor; the vessel is left stored aground unattended in such a state that would prevent the vessel from getting underway; is listing due to water intrusion; is sunk or partially sunk; or the vessel does not have an effective means of propulsion for safe navigation within 72 hours after the vessel owner or operator receives telephonic or written notice. If after notice is provided the vessel owner or operator is unable to provide a receipt, proof of purchase, or other documentation of having ordered necessary parts for vessel repair the vessel gains derelict status. A person who anchors or moors a vessel at risk of becoming derelict on the waters of the state or allows such a vessel to occupy such waters commits a noncriminal infraction, punishable as provided in F.S. 327.73. Abandoning a vessel in Florida's waters is considered a crime. Acts by owners who intentionally dump their vessels are considered to be felony offenses. It is illegal to cut a vessel loose and let it drift away. Vessels cannot be sunk and used as artificial reefs without proper state and federal permits. It is also illegal to leave a vessel at a boat ramp, to moor it without proper maintenance, to burn it in open water, or to give it to someone without following the proper protocols of property transfer titles and ownership. 165 If deemed derelict, law enforcement officers start the process to create a derelict vessel (DV) record in the DV database. At this time, the Department of Highway Safety and Motor Vehicles is notified that a certificate of title may not be issued to any applicant for the vessel. The next steps taken depend if an owner or responsible party is present. If present, the owner receives a citation as described in F.S. 376.12(2) or F.S. 823.11(2). A DV notification letter is prepared to be given to the owner along with a DV rights packet. A DV cannot be stickered as such until the owner receives a citation, DV Notification Letter, and DV Notification of Rights Packet. This starts the 21 -day count to removal authorization. If the owner or responsible party is not present, law enforcement officers must search the DV in attempts to identify the owner. If an owner is identified using information obtained, then the above documents will be mailed and the 21 -day count begins after the officer receives certified mail that the owner received the documents. If an owner or responsible party cannot be identified after searching, a DV Notice Sticker may be issued and the 21 -day count to removal begins. Law enforcement officers have 90 days to complete the preceding steps, and may request an additional 90 day extension if good cause can be shown. The DV owner may request an administrative hearing from the General Counsel's office anytime during the 21 -day count. Additional steps cannot be taken until after the hearing, which determines whether a DV maintains its derelict status or not. If any facts regarding the vessel's derelict condition changes during this period, a new DV investigation must be initiated. If no administrative hearing is requested and the vessel still maintains its DV status, then a final approval for removal of the DV may be requested. This final approval moves up the law enforcement agency, and any additional questions deemed have a 14 -day window of requiring update before the final removal letter may be issued. Once approved, removal letters may be sent to county and/or municipal authorities whose waters the DV is located in. FWC's Boating and Waterways, Derelict Vessel Program offers removal grants to counties and municipalities which covers 100% of all removal costs. Applications are accepted on a continuing basis without deadlines as long as funding is available and is awarded on a first come, first served basis. This money may be used to remove DVs tied to public and private property that are there without the consent of the property owner. Vessels owned by the property owner and marinas are not eligible to use this funding. This grant acts as a reimbursement grant, with funding given to the grantee after they use their own funds to remove the DVs. After the removal of the DVs, law enforcement officers send out a Derelict Vessel Repayment Demand Letter to the owner of the DV, and contacts the Department of Highway Safety and Motor Vehicles to suspend all future registrations of vessels or vehicles by the owner until full payments are received. Law enforcement officers are able to relocate or remove DVs from public waters if the vessel obstructs or threatens to obstruct navigation in any way that is deemed a danger to the environment, property, or persons. In this scenario, officers are held harmless for any damages to the DV resulting from the relocation or removal. Florida has no salvage laws and is considered a title state, and failures to comply could result in fines or jail time. Counties or municipalities that take part in the DV removal process must show proof of disposal at a landfill once the DV process is complete. 166 Under Florida boating laws, it is legal for boaters to moor in the Lagoon outside of the Intracoastal Waterway and outside of permitted mooring fields. Local governments may regulate anchoring within the marked boundaries of permitted mooring fields. Local governments may also regulate the mooring of live -aboard vessels that meet the legal definition (F.S. 327.02) for a live -aboard vessel: a) any vessel used solely as a residence and not for navigation; b) any vessel represented as a place of business, or a professional or other commercial enterprise; or c) any vessel for which a declaration of domicile has been filed. Full-time, active boaters who sleep on their boats with no permanent residence on land are not considered live -aboard under these laws. F.S. 327.4109 limits anchored or moored vessels not within 150 feet of any marina, boat ramp, boatyard, or other vessel launching or loading facility; not within 300 feet of a superyacht repair facility; and not within 100 feet outward from the marked boundary of a public mooring field or a lesser distance if approved by the commission upon request of a local government within which the mooring field is located. However, a vessel may anchor or moor within these restriction zones if the vessel suffers a mechanical failure that poses an unreasonable risk of harm to the vessel or persons onboard for up to 5 business days, or until the vessel is repaired, whichever occurs first. Imminent or existing weather conditions in the vicinity of the vessel pose an unreasonable risk of harm to the vessel or persons onboard (in the case of tropical storms or hurricanes). Weather conditions are deemed no longer a risk when the tropical storm or hurricane warning affecting the area has expired. Various local ordinances are in place throughout Indian River County's boundaries in regards to vessels: • Indian River Shores Section 100.38 discusses boat mooring within the town's boundaries. No vessel may be anchored or moored in the waters of the town for a period of 24 hours or more except when vessels are legally moored or tied to a dock or mooring with the permission of the dock or mooring owner. In the case of a vessel being disabled in town waters, it may be anchored or moored for a period of excess of 24 hours only with a permit which may be obtained from the office of the town manager. No vessel or watercraft of any kind of an unsightly appearance, or in badly deteriorated condition, shall be moored or tied up at any place within the town. • The City of Vero Beach ordinances (Chapter 46) state that any vessel wishing to use the city marina for mooring must use the assigned mooring and obtain a 30 -day permit which must be renewed and updated every 30 -days after issuance. If a vessel is left unoccupied for 72 hours and/or applicable mooring fees are more than one month overdue, then the vessel will be considered abandoned. • The City of Sebastian ordinances (Chapter 110) prohibits watercraft speeds greater than "slowdown minimum wake" within 150 feet of a mooring vessel. It prohibits mooring to private seawalls, docks, or beach on private property without permission of the owner. Permanent live- aboards are not allowed in waterways in the jurisdiction of the City of Sebastian. Transient live- aboards are permitted within the City of Sebastian within any commercial marina within city limits that maintains moorings and/or slips at docks for transient live-aboards. These facilities should provide litter receptacles and marine station pump -out facilities as required by the Environmental Protection Agency (EPA) and Florida Department of Environmental Protection (FDEP). • Indian River County ordinances (Section 932.07) acknowledge the mooring of vessels in waterways. These ordinances state that vessels should not be regularly moored along any shore 167 without consent of the riparian land owner. Regularly moored vessels shall not be used as live - aboard vessels, offices, or commercial enterprises except in commercial marinas with approval and facilities for that purpose. Regularly moored watercraft should be kept in seaworthy condition when not in a permitted repair area. The mooring of live -aboard vessels in commercial marinas shall be limited to boat slips designated for live -aboard vessels as shown on an approved site plan. Boating has become a widespread activity throughout the Lagoon, but there are rules and local ordinances in place that need to be respected by those utilizing boats. Boats are foreign objects introduced to the Lagoon environment, and they can have negative impacts if they are not properly cared for and disposed of. The County has various local ordinances in place to discourage the improper operation of vessels within the Lagoon. The County also takes an active role in the removal of derelict vessels from the Lagoon and Sebastian River, regardless of municipal boundaries. The County should continue to work with FWC officers throughout the removal process and apply for removal grants and subsequently remove derelict vessels as funding is available. The County also needs to stay up to date on derelict vessel and mooring rules and regulations as they change within the state. As previously recommended, the County should also stay up to date on the various services marinas offer throughout the County's Lagoon area and continue to work with regulatory agencies to assure that boaters have appropriate resources to adequately maintain their vessels without improper discharges into the Lagoon. 2. Onsite Sewage Treatments and Disposal Systems (OSTDS) OSTDS, or septic systems, are one form of waste treatment that can be utilized by homes throughout Florida. However, improper maintenance of OSTDSs can lead to detrimental impacts on the surrounding environment. Alternate options to OSTDSs include connections to a sewer system where available or upgrading OSTDS to enhanced treatment systems. This is especially important for homeowners within sensitive watersheds, such as the Lagoon's watershed. People are continually moving to Florida, and homes should be adequately equipped to not impact the resources around them when possible. OSTDS are underground wastewater treatment structures used in areas that are not connected to centralized sewer systems. OSTDS typically consist of a septic tank and a drainfield, or soil absorption field. OSTDS require routine maintenance but are often overlooked by homeowners until a problem arises. A malfunctioning OSTDS can be identified by wastewater backing up into household drains; bright green, spongy grass on the drainfield, especially during dry weather; pooling water or muddy soil around your OSTDS; and/or a strong odor around the septic tank and drainfield. Older OSTDS drainfields may be located too close or even within the water table, reducing or eliminating the zone of treatment and not allowing for oxidation of nitrogen. Regular maintenance of an OSTDS is much cheaper when compared to repairing or replacing a malfunctioning system. The type and design of OSTDS varies based on factors such as household size, soil type, site slope, lot size, proximity to sensitive water bodies, weather conditions, and/or local regulations. All OSTDS permitting (installation/repair) is done by the local Florida Department of Health in the County (DOH -Indian River). Even properly functioning OSTDS have the ability to impact nearby water sources, as they rely on dispersion and dilution to remove nitrogen. Properly working OSTDS have significant nutrient discharges 168 when located in close proximity to surface water and/or are densely located. The extent of the impact can be compounded depending on how frequently the OSTDS is maintained and if it is used properly. OSTDS primarily have the potential to impact shallow potable wells used in drinking water or irrigation and surface water. Many homeowners with OSTDS also have private wells they use to withdraw groundwater for their drinking water supply. If an OSTDS is not working properly and is located too close to a drinking water well, contaminants from wastewater can end up in the drinking water through groundwater transport. OSTDS can impact nearby surface waters because of the connection of groundwater to surface water. FDEP has estimated that the Lagoon receives approximately 60% of its nutrient inputs from groundwater sources, so malfunctioning OSTDS have the ability to negatively impact inputs into the Lagoon. Studies show that phosphorus is almost completely contained within a functioning OSTDS, meaning the liquid effluent leaving a properly functioning OSTDS is not a significant source of phosphorus contamination into the Lagoon. Nitrogen, especially in the nitrate form, is a concern because of its solubility in water and its ability to migrate in effluent plumes. OSTDS generally remove only 10% to 40% of the total nitrogen. There is a measurable and significant concentration of nitrate within an OSTDS' percolation plume. Nitrogen in the effluent is only reduced to acceptable levels by dispersion, dilution, and reduction/decay. This is achieved if the flow path of the effluent is long enough in distance and time for the additional reduction/removal to occur prior to entering an adjacent surface water. A conventional OSTDS is capable of nearly complete removal of suspended solids, biodegradable organic compounds, and fecal coliforms if properly designed, sited, installed, operated, and maintained. However, other pollutants found in wastewater can be a concern to groundwater and downstream water bodies, such as nutrients (nitrogen and phosphorus), pathogenic parasites, bacteria and viruses, toxic organic compounds, and metals. Changing environmental factors also continually compromise OSTDS with the Lagoon basin. Sea level rise, changing rain patterns, and elevated water tables all threaten the integrity of OSTDS and will increase the likelihood of their contributions of nutrients and pathogens to the groundwater. One way to decrease the impacts from OSTDS to the environment is for governments and homeowners to participate in septic to sewer conversions (S2S), or to provide incentives for upgrades of traditional OSTDS to more advanced OSTDS. For example Brevard County passed a local ordinance in 2018 that requires alternative OSTDS on properties located on the barrier island and within identified zones along the Lagoon. In 2017, the County's Utilities Department conducted a County-wide study ranking communities whose OSTDS are suspected of causing the most harm to the environment (https://www.ircgov.com/utilities/S2S/). Many homes within the County were developed prior to 1983 when major changes in state rules and regulations in regards to OSTDS went into effect. This means those older systems are more likely to introduce contaminants into the environment. This study found there to be approximately 30,369 OSTDS in the County. This study ranked 325 communities based on their likelihoods to contribute negatively to the Lagoon ecosystem based on the following factors: population density, proximity to surface waters, flood plain, depth to ground water table, soil condition, age of surface water management system, and age of existing OSTDS. The costs to convert these communities over to centralized sewer are extensive and can be categorized as Capital Improvement Projects. The cost 169 also fluctuates based on the type of system theoretically installed and whether or not the County's centralized sewer infrastructure exists in close proximity to the community. Costs associated with these conversions may be supplemented by grants from state and federal agencies. The County has completed S2S projects to help protect the Lagoon. In 2017, the Sebastian Septic to Sewer Phase 1 was completed. This involved abandoning OSTDS and connecting the parcels to centralized sewer. Funding was provided from the County, St Johns River Water Management District (SJRWMD), and the Florida Department of Economic Opportunity (DEO). In 2019, the West Wabasso Septic to Sewer Phase 2 was completed. Funding was provided by the County, SJRWMD, FDEP, and the Indian River Lagoon National Estuary Program (IRLNEP). The Indian River County 2030 Comprehensive Plan identifies a sanitary sewer sub -element in Chapter 3A of the document. This document identifies: • existing and projected demand and need for sanitary sewer facilities based on the County's population, existing and future land use, capacity of existing facilities, and any future changes to these facilities • identifies the operational responsibilities, geographic service areas and levels of services provided by each facility • identifies those areas where public sewer will and will not be provided • identifies environmentally sound methods of disposing of treated wastes and sludge from treatment plants. DOH -Indian River identifies the challenges in permitting OSTDS installations due to: • a wet season water table of less than 10 inches • the presence of restrictive low permeable soil strata • platted or recorded parcels less than % acre • setbacks from surface waters and/or wells Within the County, it is estimated that the average life of a properly functioning residential OSTDS (including drainfield) is 19 years and that of a commercial system is 10 years. An OSTDS maintenance program, if required, could reduce OSTDS failures and associated adverse impacts; however, such a program would be costly and difficult to implement. In the future, the focus of the County and the DOH -Indian River should be on providing public education programs on the proper use, inspection, and maintenance of OSTDS. According to the United States Department of Agriculture's Soil Conservation Service, Soil Survey, most of the County's soil has severe limitations for the use of OSTDS. Combined with the County's high wet season water table, this creates a high potential for groundwater and surface water contamination problems from even properly functioning OSTDS. Since 1983, for new construction, the DOH has required that the bottom of drainfields be at least 24 inches above the wet season water table. Also, a 75 foot separation requirement must be met between wells and/or waterbodies and OSTDS. 170 The County should continue to allow the voluntary expansion of the regional sanitary sewer system to existing developments within the urban service area. Additionally, the County must determine under what conditions to pursue mandatory connections on existing developments especially in areas that impact the Lagoon and in areas less than % acre in size. Some parcels recorded or platted prior to 1972 are only 0.11 acres, making it difficult to repair OSTDS to code, and the density of these systems does not allow enough space for the dilutions and dispersion of nitrogen and other contaminants. A major portion of the cost of service expansion to existing subdivisions is funded through assessments. However, some residents have objected to the costs of such assessments in the past. The County should establish criteria to differentiate between areas where retrofitting is required or where central sewer is deemed to be available or where OSTDS permit repairs are allowed. Because of the cost of retrofitting within the urban service area, the most appropriate criteria to use to identify areas to retrofit are those with increased health risks and increased groundwater and/or surface water contamination risks. Environmentally sensitive zones within the County, in regards to septic tanks, are identified as areas within 500 feet of aquifer recharge zones, within 500 feet of any public water supply well, and/or within 500 feet of the Lagoon, Sebastian River, or anybody of water that drains into them. The most effective and efficient way to correct the problem is to connect these households to the regional system, but that comes with other challenges such as what to do with increased biosolids and reuse water leaving the wastewater treatment facility. The County's Comprehensive Plan identifies various objectives for the County. One objective stated is by 2025, at least 60% of all existing units in the County's service area will be connected to the County's regional sanitary sewer system. This will be an increase from 52.7% in 2017. By 2028, the County shall provide sanitary sewer service to at least 5 subdivisions identified as posing a disproportionately high potential negative impact on the Lagoon water quality. This plan includes wording such that annual inspections of OSTDS shall be conducted that are associated with heavy commercial, industrial, and manufacturing or equivalent uses. The County shall continue to identify and pursue opportunities for state and federal funding for the improvement and expansion of utility services including S2S conversion projects and sewer connections. The plan states the use of OSTDS for new developments will be prohibited unless they meet certain criteria that deem septic as allowable, such as development size and proximity to centralized sewer. Recommendations and steps forward for Lagoon improvement shall reflect those identified in the County's Comprehensive Plan. 3. Stormwater The County's Stormwater Division is tasked with reducing, to the maximum extent possible, the pollution of the Lagoon caused by stormwater runoff and base groundwater flow. The Division is also responsible for helping the County implement federally mandated National Pollutant Discharge Elimination System (NPDES) permit goals. These goals are accomplished through design, construction, and operation of regional stormwater pollution removal systems; education; and fertilizer, sediment, and erosion control enforcement monitoring. Stormwater primarily flows to the Lagoon via the Sebastian River and the three relief canals in the County. The canals are located with one in the northern portion of the County, one in the central portion of the County, and one in the Southern portion of the County. These canals are monitored by various 171 entities for water quality and flow parameters routinely, with the County collecting water samples once a week dating back to 2014. All three canals discharge directly into the Lagoon and collectively represent the majority of stormwater flow into the Lagoon. County designed, built, and maintained treatment facilities are located on the Main and South relief canals, with the development of a new stormwater facility forthe North Relief Canal currently underway, each of which provide treatment to the stormwater before it enters the Lagoon. PC Main Screening System began operation in August 2008 and cost $5.3 million to construct. It removes floating and suspended material from the Main Relief Canal, preventing the material from entering the Lagoon. Using a series of self-cleaning bar screens, PC Main removes particles from the water that are as small as 1/161h inch in diameter, about the thickness of the wire in a paperclip. Along with huge quantities of trash and debris that have the potential to harm the Lagoon, PC Main removes thousands of pounds of aquatic plants from the Main Relief Canal each year. If not removed from the canal, the plants would reach the Lagoon and die, contributing to muck formation on the Lagoon's bottom and releasing nitrogen and phosphorus that have been assimilated into their tissues. By preventing debris, trash, and freshwater aquatic plants from entering the Lagoon, PC Main provides significant benefit to the Lagoon's ecosystem. PC Main also has two sedimentation basins in the canal bottom which aid in the removal of sediment and mucky material from the water each year. Egret Marsh Stormwater Park and Wildlife Sanctuary began operation in April 2010 and cost $7.3 million to construct. It removes dissolved nutrients (nitrogen and phosphorus) from stormwater drawn in from the Lateral D Canal before the treated water is discharged back to the Indian River Farms Water Control District's (IRFWCD) Lateral C Canal that flows into the Main Relief Canal and discharges to the Lagoon. Approximately 8 to 10 million gallons of canal water are treated in this park daily. Egret Marsh's treatment system includes a 4.6 acre algal turf scrubber (ATS)'"" that removes much of the water's nitrogen and phosphorus load. Additional nutrient quantities are removed when the water flows through a large downstream polishing pond system and a created wetland before reentering the canal system. Egret Marsh is also a dedicated wildlife sanctuary and is home to many reptiles, mammals, and birds. This park is closed to the public, but tours may be scheduled for those interested. Osprey Marsh Stormwater Park began operation in Spring 2015. It was designed by the County's Stormwater Division and is operated by the County's Division of Utility Services. Osprey Marsh removes dissolved nutrients from South Relief Canal water and from the South County Water Treatment Plant's reverse osmosis brine discharge before the water flows to the Lagoon or to the adjacent Osprey Acres Stormwater Park for further treatment. Approximately 10 million gallons per day of stormwater and up to 1.5 million gallons per day of brine are treated by this facility. The treatment train includes a 4.6 acre ATS that removes much of the water's nitrogen and phosphorus. Additional nutrients are removed in a polishing pond and a created wetland. Osprey Acres Stormwater Park and Nature Preserve began operation in August 2019 and is a 83.7 acre facility that boasts a range of natural Florida ecosystems. Originally slated for more than 400 home parcels, Osprey Acres was bought by the County to preserve the ecosystems present and to aide in further treatment of stormwater and brine discharge water before these waters enter the Lagoon. Special treatment cells and a constructed serpentine flowway filters the stormwater blend by removing excess 172 nutrients through biological activity. Waters for treatment come from both the adjacent Osprey Marsh Stormwater Park and untreated South Relief Canal water. This park is open to the public. The County is currently working on the creation of Moorhen Marsh Low Energy Aquatic Plant System (LEAPS) TM. This system, when constructed and online, will treat water from the North Relief Canal before it reaches the Lagoon, thereby functioning to remove excess nitrogen and phosphorus from the stormwater. This will be achieved using aquatic plants to remove nutrients and settable suspended solids. The plants uptake dissolved nutrients in their roots and are stored for use. The nutrients will be removed from the system by harvesting the plants as needed. It is estimated that this project will remove approximately 10,854 pounds per year of total nitrogen and 1,515 pounds per year of total phosphorus. Many of the County's stormwater projects are unique, first -of -their -kind parks intended to treat stormwater before reaching the Lagoon. The success of these parks is reflected in nitrogen and phosphorus concentrations in the water that enters the Lagoon through the IRFWCD stormwater drainage canals. Water levels through these canals fluctuates based on the wet versus dry seasons and water management activities performed by IRFWCD on upstream weirs. Continued education is needed for homeowners to understand proper practices to keep harmful materials from flowing into the stormwater drains that lead to canals. The County stormwater treatment parks provide treatment to otherwise untreated stormwater in the County that would be left to go to tide in the Lagoon. Ongoing maintenance is needed at these parks to maintain their levels of efficiency in nutrient removal. Additional information about the County's Stormwater Division and their impacts to the County can be found at www.ircgov.com/publicworks/stormwater. 4. Water Consumption Water is a necessity not only for humans but for ecosystems throughout Florida, including the Indian River Lagoon (the Lagoon). Water supplies need to be sustainable for future needs as populations and demand continue to increase throughout the County and state-wide. It is also important to remember that any water consumed and sent down toilets and drainpipes on residential and commercial properties must be treated and disposed, with limited options for disposal of the treated wastewater. There are numerous actions that can be taken to protect this limited resource, from a regional -scale to an individual - scale. The Lagoon is an estuary composed of brackish water, or water that is saltier than fresh water, but not as salty as sea water. While the oceans cover approximately 70% of the Earth's surface with quantities of water that are generally not considered as threatened by consumption rates or use, increasing levels of the oceans will be observed in the future as sea levels rise in the area. These impacts will not only be felt by increased salinity levels in the Lagoon, but also by saltwater intrusion into Florida's aquifer system. As the source for much of the water used throughout Florida, the current and future state of the aquifer system remains a great concern. As more and more people move to Florida, the demand for increased water supplies will force agencies to look for alternative water supplies to meet these increases. The St Johns River Water Management District's (SJRWMD) publishes annually a Survey of Annual Water Use which categorizes the volumes of water used within its boundaries which include part of or all of 18 Florida Counties in northeast and east -central Florida. The 2020 report highlighted some 173 encouraging news, with a 1 percent decrease in water use over a 5 year average, but that value does also reflect a 4% higher use than was reported in 2019. While this is promising for water consumption and the success of conservation methods, it also may be inaccurate to assume this will be an on-going trend as rainfall plays an integral role in the need for water. While the County receives more rainfall when compared to other regions within the Lagoon, rainfall levels are showing a decreasing trend when compared to historical numbers. It is expected that the region will experience longer periods of drought due to the effects of climate change into the future. The amount of rainfall received each year is also included in the water use reports from SJRWMD. The greatest demand for water use throughout the SJRWMD in 2020 was for public supply purposes at 53% of the demand. In a 10-year period, public water supply demands have decreased by 3% while the population served has increased by 19%. This is due to factors such as conservation, less landscape irrigation with potable water, and increases in multifamily housing occupancy. Agriculture represented the second largest demand on water district wide in 2020. As of 2020, within the County, the greatest water demand was identified as agricultural self-supply at 62% or 48.91 million gallons per day (mgd), followed by public supply at making up 24% of the average daily water demand, or 18.76 mgd. Agriculture's use within the County increased from 2019 to 2020 by more than 33%, while the public supply use saw a 2.5% decrease. With limited resources of water available, water conservation measures can be taken at small-scales for individual homeowners, as well as at large-scales for larger entities and municipalities. Several state agencies have numerous handouts and informational links to water saving methods for homeowners. This includes the Florida Friendly Landscaping Program which encourages homeowners to: water your lawn only when it needs it; water your landscape plants only when they need it; use a rain gauge to see how much water your plants get naturally; group plants with similar water needs; water less in cooler months; water in the early morning; follow all local watering restrictions; properly calibrating your irrigation system; and maintaining your irrigation system. Inside the home, homeowners can check faucets and pipes for leaks, use your dishwasher and washing machine only for full loads, and minimize use of kitchen sink garbage disposal units. Outside the home, homeowners can add mulch to reduce rates of evapotranspiration, harvest rain in cisterns, choose native, drought tolerant plants, check hoses and sprinkler connections for leaks, plant native plants on slopes, irrigate your lawn with reclaimed water, and not water the lawn in rainy weather. SJRWMD has watering restrictions in place to ensure the efficient use of water for landscape irrigation. The seasonal restrictions specify the time when watering may occur, the amount of water that may be applied, and the days when watering may occur for residential and nonresidential locations. Homes with odd numbered or no address can water on Wednesdays and Saturdays during daylight saving time (DST) which is the second Sunday in March until the first Sunday in November, and on Saturdays only during Eastern Standard Time (EST) which is the first Sunday in November until the second Sunday in March. Homes with even numbered addresses can water on Thursdays and Sundays during DST and on Sundays only during EST. Nonresidential properties can water on Tuesdays and Fridays during DST and on Tuesdays only during EST. Water only when needed and not between 10am and 4pm and for no more than one hour per zone. These restrictions apply to private wells, ground or surface water, and water 174 from public and private utilities. There are various local governments that have adopted local ordinances incorporating the provisions of SJRWMD's rule. The County, nor its municipalities, are listed as choosing to participate in a local ordinance program at this time. The County follows the Water Management District's protocols for water shortage conditions when that exists in the County. Local ordinances may be beneficial for the County to explore in order to show support for water conservation practices during all times of the year. SJRWMD's watering restrictions apply regardless of whether a local government has adopted an ordinance. On a larger water conservation scale, SJRWMD offers an abandoned artesian well plugging program. This program is designed to assist well owners in complying with their permits and Florida laws that require well owners to control discharges from artesian wells by properly plugging the wells and otherwise limiting the flow to only the amount of water needed for intended use. An artesian well is a well that has been drilled into an aquifer in a location where the underground pressure is great enough for the water to rise inside the well. In some cases, the water is under enough pressure to rise from the aquifer to the land's surface without using a pump. These wells can potentially waste millions of gallons of water per day and may also act as a conduit for sources of contaminants to enter the aquifer. Free-flowing wells within the Lagoon basin contribute to sheet-flowing water over the land which is capable of transporting nutrients into the Lagoon and its tributaries. Properly abandoning a well helps prevent these impacts from occurring. Costs to abandon a well can vary depending on the size and depth of the well and the plugging method required, but it generally costs several thousand dollars to properly abandon a well. The County participates in the well capping cost share program with SJRWMD. This program is a 50- 50 cost share between the County and SJRWMD. Between 2017 and 2020, the County participated in the plugging of 11 wells within the Lagoon basin in coordination with SJRWMD. This saved approximately 2,229 million gallons per year of water wasted from free-flowing wells in total. This also saved additional nitrogen and phosphorus concentrations from reaching the Lagoon through runoff of these wells. The County is currently working with the Florida Department of Environmental Protection (FDEP) on a way to recognize the County's well plugging efforts as part of its goal at meeting the Total Maximum Daily Load (TMDL) reductions required under the FDEP's Central Indian River Lagoon Basin Management Action Plan. The County should continue to play an active role in this cost share program to save millions of gallons of groundwater from being wasted, and their downstream impacts to the Lagoon and its watershed. The actions including Senate Bill 64-Reclaimed Water, the Central Indian River Lagoon Basin Management Action Plan, and the Clean Waterways Act provide additional restrictions on nutrient discharge and discharge of treated wastewater to the Lagoon and were directed to further aid in the restoration of the Lagoon and other waterbodies in the State of Florida. Many people don't think of water conservation from the wastewater perspective, but every drop of water that goes down the drain needs to be treated and ultimately discharged somewhere. Currently, treated wastewater from the County's regional Advanced Wastewater Treatment Facilities discharges into the County's reclaimed water system, a treatment wetland, or rapid infiltration basins (RIBS). Septic to sewer projects and increasing population in the County translates to increased wastewater flows, while restrictions on discharges will further tax the existing wastewater infrastructure and require new alternatives. Wastewater discharges to the Lagoon must be eliminated by 2032; however, other options not directly discharging to the Lagoon may 175 still impact the Lagoon by increased nutrient flows via groundwater. Options for additional treated wastewater disposal include rapid infiltration and absorption fields, restricted and public access irrigation, potable reuse, and deep well injection. Water conservation will play a critical role in reducing the cost of these infrastructure projects and reducing the impacts from water disposal on the Lagoon. Water consumption, and the associated conservation efforts are extremely important to the long- term health of the Lagoon. Freshwater supplies contribute to the Lagoon's hydrology, and the more water homeowners and regional projects save, the better for sustaining future needs and reduced impacts on the Lagoon. As technologies change and conservation practices become easier to implement, the more the residents, businesses and the County can do in their efforts in protecting these resources. The County should continue and enhance education on water conservation from small scale to large scale practices. The County should continue to promote the SJRWMD water restrictions and educate the residents and businesses within the County on proper practices specific to the time of year. The County could also consider creating incentive programs for homeowners to convert to water saving practices in their homes. Individual water consumption is often overlooked in the health of the Lagoon, but wasting this resource can have untold consequences to the Lagoon's present and future health. 5. Sustainability and Resiliency (Part 2) Sustainability and resiliency are terms often misunderstood as buzz -words used throughout the world today. In the context of the Lagoon, sustainable can be defined as the ability of the Lagoon to survive in the future, environmentally, socially, and economically. Resilience is defined as the ability of the Lagoon to prepare for threats, absorb impacts, recover and adapt following persistent stress or a disruptive event (Science of the Environment, February 2018). Together, these terms are used in the creation of proactive approaches to ensure the long-term future of the Lagoon. Sustainable and resilient actions can occur on a large scale, regional scale, or on a homeowner -level scale. The Lagoon is a valuable financial, ecological, and recreational asset, and benefits the County receives from it are far more than its mere presence as an estuary in our backyard. According to the Treasure Coast and East Central Florida Regional Planning Council's 2016 Indian River Lagoon Economic Valuation Update Report, the economic value of the Lagoon on a Lagoon -wide scale in 2016 was estimated at $7.6 billion annually with a return of $33 to every $1 invested. If restoration does not occur within the next decade, it is estimated that 4 billion dollars' worth of damage will occur to the ecosystem. As mentioned in the previous update, the costs of proactive projects to improve the Lagoon and improvements to existing projects to make them resilient and sustainable into the future will be large, but the returns on investment are proven when it comes to the economic benefits of the Lagoon. Grants may help offset some of these costs, but commitment of all the stakeholders to the Lagoon is needed to enact the changes needed to ensure the Lagoon's survival. Management of the Lagoon's resources is being impacted by climate stressors felt throughout the Lagoon region today and will continue into the future. These stressors include changes in annual air and water temperatures, precipitation patterns, intensity of storms, ocean acidification, and sea level rise. Identifying these risks associated with climate change can help improve resiliency of communities into the future. The United States Environmental Protection Agency (USEPA) Climate Ready Estuaries Program 176 has identified 10 steps to help programs identify, analyze, prioritize, and reduce their climate risks. These steps fall under one of two activity categories: risk-based vulnerability assessment or action plan — determining a course of action. The 10 steps are: • Risk-based vulnerability assessment 1. Communication and consultation 2. Establishing the context for the vulnerability assessment 3. Risk identification 4. Risk analysis 5. Risk evaluation: comparing risks • Action plan 6. Establishing the context for the action plan 7. Risk evaluation: deciding on a course 8. Finding and selecting adaptation actions 9. Preparing and implementing an action plan 10. Monitoring and review This process identifies options. More detailed work will need to be done before any action is implemented. Once this has been completed, tracking the status of risks to the community will need to occur in order to proactively plan for actions and projects to help encourage the sustainability of the community. The Indian River Lagoon National Estuary Program (IRLNEP) has completed a Vulnerability Assessment and Action Plan for the Lagoon basin. The Vulnerability Assessment identified reduction in water clarity, lowering of DO, and elevating Chlorophyll (a) as the objectives at greatest risk from climate stressors in the water column and biodiversity, seagrass, rare and other species, and fisheries as the greatest risk from climate stressors for natural resources. Planning for a sustainable community is a complex process that involves numerous factors. The IRLNEP Comprehensive Conservation and Management Plan (CCMP) identifies eight critical factors for smart city initiatives: 1. Management and organization 2. Technology 3. Governance 4. Policy context 5. People and communities 6. Economy 7. Built infrastructure 8. Natural environment These eight factors can be used to determine the preparedness of communities in the face of a sustainability and resiliency decisions into the future. These factors, along with others, such as a changing climate and increased populations, will impact the success of communities into new decades with new challenges. The Natural Resources Defense Council defines smart cities in the urban context as more 177 efficient, sustainable, equitable, and livable cities. This document estimated that the County will grow by 17.6% between 2018 and 2030. Planning for sustainability and resiliency must take into account needs required for future growth and the potential impacts to surface water quality this growth might affect. Long-term success in the face of sustainability and resiliency requires the County to have the abilities to adapt, as well as proactively plan for the protection of the resources the Lagoon provides and the Lagoon itself. The Lagoon is an economic benefit, and moneys put towards the restoration of the ecosystem will be beneficial to the County's economy. In order to maximize investment, infrastructure projects, designed to last 20 or 50 years and beyond, will need to address future conditions of the system and impacts to the Lagoon under those conditions in their design and implementation. These approaches may need to be applied retroactively to older systems, as well as factored into new systems throughout the County. The County would benefit from completing the Climate Ready Estuaries 10 step program to understand future challenges and needs that need to be addressed and timescales appropriate to ensure resiliency and the continued sustainability of restorative measures. The County would also benefit from considering the applicability of the eight factors for smart city initiatives to properly tackle future growth and change. Resiliency is a complex and delicate balance to meet the future needs of the County with the health of the Lagoon, but with restoration, changing technologies, and proactive planning, it and sustainability of these future resilient initiatives can be met and carried over to future generations. 178 12.G.2. 09/21/2021 Research Review Phase of the IRL Management Plan: Update 4 BOCC Meeting September 21, 202' Molly Klinepete r and EricCharest_z�. 015- 1 12.G.2. 09/21/2021 '2111- 05 statuses w..- „F • Grants for reimbursing removal. - fees up to 100% are made available from various agencies as funds permit (FWC, FIND, etc) • It is legal for boaters to moor in the Lagoon outside of the ICW03/30/2020 , and outside of permitted mooring fields 12.G.2. 09/21/2021 • Continue to work with FWC officers throughout the removal process of DVs • Monitor DV and mooring rules and regulations as they change (i.e. Senate Bill 1946) • Stay up to date on various services marinas offer and continue to work with regulatory agencies to assure boaters have appropriate resources to adequately maintain their vessels 118' 3 fir.. 3 .111 n • Continue to work with FWC officers throughout the removal process of DVs • Monitor DV and mooring rules and regulations as they change (i.e. Senate Bill 1946) • Stay up to date on various services marinas offer and continue to work with regulatory agencies to assure boaters have appropriate resources to adequately maintain their vessels 118' 3 12.G.2. 09/21/2021 - �' z �r �.� f � �•�';k� ^k�5",`,"*� ,rax ;{rpt ,d�,� "`{t u , x "we. 11,5- 4 • Conducted a County-wide study ranking communities whose OSTDS are suspected of causing the most harm to the environment • Ranked 325 communities • Completed septic to sewer conversions based on recommendations l �8, 5 �5" 6 1 000 b S Recommencl fi 2030 Wk's. .g , • County: may, AMX k1 rR ffi !Wp County's 4 �4� e.w..,,. sanitary sewer systei; 6 providesanitary se\M -d as posing a high potentil Continue to x �r ts and sewer connections The County, IGa t _$-rants for these S2S pr _ re .. w..�r.. iM6/71f� 'NF.'N[E.n'38 `N'1+AN& �5" 6 12.G.2. 09/21/2021 • Water levels in the canal flAuctuateLim Ju. based on the wet versus d seasons. Concentrations onutrients also seem to sho seasonal variations LJ . .. _- ' r' �: i • �„r�i¢'"'x"5r .; l w � t t �. i c t,�, _fir ra^` ,�� n ��+.°�` �” r �F a;x � �. . . 7 2 f X egan operation in August 2'0 • Removes floating and suspended material from the Main Relief Canal, preventing the materials from entering the Lagoon • By preventing debris, trash, and freshwater aquatic plants from entering the Lagoon, PC Main provides significant benefits to t. the Lagoon's ecosystem p ���- • Began operation in April 2010 • Removes dissolved nutrients from stormwater using a 4.6 acre Algal Turf Scrubber (ATST°") • Treats 8-10 million gallons of canal water daily • https://vimeo.com/375731448 s � .j, • Began operation in Spring 2015 • Designed by the Stormwater Division and is operated by the Department of Utility Services • Removes dissolved nutrients from South Relief Canal water and from the South County Water Treatment Plant's reverse osmosis brine discharge • Approximately 10 million gallons per day of stormwater and u to 1.5 million gallons per day of brine are treated by this facility 12.G.2. 09/21,/2021 • https://vimeo.com/332538335 I • Began operation in August 2019' • Special treatment cells and a 40 constructed serpentine flowway filters the stormwater blend by removing excess nutrients through biological activity A • Waters for treatment come fro both Osprey Marsh Stormwater Park and untreated South Relief Canal Water • Treats approximately 10 MGD • https://vimeo.com/390583408 MONO. fto.. w 12.G.2. 09/21/2021 09/21/2021 Questions on Stormwater? ��b, 10 .. .. .. vi'a^�a.a,h�D`.X.„_ lS.v �X ..,.,,..Wsf, kYv�Sk`��5`.a'U Krrv.�..��•s't�e?.i,Zan..SiE`�� �. t. a. Questions on Stormwater? ��b, 10 • As more people move to Florida," the demand for increased water Free-flowingii will force agencies to look for alternative water supplies to meet these increases • As of 2020, the greatest water COrtOsiOn n I demand in the County is for agricultural self -supply • Small-scale and large-scale measures need to be taken to ,•," protect water supplies • Homeowners should follow watering W -f ' restrictions • Participation in artesian well plugging ' I• program,�•aa air. 12.G.2. 09/21/2021 later Use in Indian River County based on SJRWMD Data properly plugged artesian well layer Intermediate aquifer i Confining layer Freshwater E ARTESIAN i AQUIFER • Salt water `.,. Cement plug R � of Annual Water. Use Report(: itt y Continue and enhance education on water conservation practices Continue to promote water restrictions Consider creating local ordinances to show support for water conservation practices during all times of the year • Consider creating incentive programs for homeowners to convert to water saving practices in their homes • Continue to participate in the well plugging program 12.G.2. 09/21/2021 tt r-%tvat La vn :#villi%, VCMUCIt. tup&cc. N tL R r 1urn o to 1ir4veste� e ,• na em f r` U. pacte by r s • Cmate s Program t Risk -b vul iTity assessment •' Action plan • E �/d on development and use In die flue arrows Indicate the primaryurtormat[ot S � m �hrcugh Steps thof avufnerabil ty assessment and from StVy 16 of action planning. Secondary floes "OhlOw are shown with dfrom clashed arrows. Results earlier steps are continually being used. Camnunicatlon and consultation happen tivoucjro416-1 process. Monitoring and review keep all the steps up to date. �� " 12 12.G.2. 09/21/2021 • The County must have the ability to adapt, as well as proactively plan for the protection of the resources the Lagoon provides and the, Lagoon itself Infrastructure projects will need to address future conditions of the system and the impacts to the Lagoon under those conditions in their design and implementation • Complete the Climate Ready Estuaries 10 step program • Consider the applicability of the 8 factors for smart city initiatives Questions o ' , Resiliency and Sustainability? .... ..... ... ..... --- 118 13 12.G.2. 09/21/2021 • Staff will begin the creation of the Lagoon Management Plan. We will be working with one of our consultants to prepare a work order to provide technical input and develop the overall Lagoon Management Plan. • The 17 key factors discussed throughout the Research and Review Phase will make up the main elements of this Plan. • Anticipated to take 8-12 months to complete. 12.G.2. 09/21/2021 DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Award of Bid No. 2021050 Phase 2 of Sector 3 (IRC -2109) Beach and Dune Restoration DATE: September 21, 2021 DESCRIPTION AND CONDITIONS The proposed project award is for a construction contract between the County and Guettler Brothers Construction, LLC for Phase 2 of the Sector 3 Beach and Dune Restoration Project. Sector 3 encompasses approximately 6.6 miles of coastline in North Beach, the Town of Orchid, Wabasso Beach, Indian River Shores, and unincorporated Indian River County. Sector 3 beaches sustained erosional damage from Hurricane Matthew (2016), Hurricane Irma (2017) and Hurricane Dorian (2019). The Sector 3 Beach and Dune Restoration project was designed and permitted to restore sand losses from these storms and from background erosion by placing beach compatible sand and native salt -tolerant dune plants along the 6.6 mile stretch from the Seaview subdivision in the north to just south of the Turtle Trail beach access. To avoid the sea turtle nesting season, construction activities on the beach are required to take place between November 1st and April 30th of each year. Due to a delayed start, the Sector 3 Beach and Dune Restoration project was divided into two (2) phases over two (2) construction years 2020/2021 and 2021/2022. Phase 1 construction began in January of 2021 and is anticipated to be completed by December 14, 2021. This agenda item addresses the proposed award of bid for Phase 2 of the Sector 3 Beach and Dune Restoration Project with construction slated to take place between November 1, 2021 and April 30, 2022. Phase 2 of the Sector 3 project consists of restoration of the beach and dune to the southern 2.9 mile stretch of the County's Sector 3 Beaches. This phase of the construction project for Sector 3 will place approximately 280,000 cubic yards of beach compatible sand fill and install approximately 302,820 native dune plants along 2.9 miles of shoreline in Indian River County from FDEP range monuments R40 to R55 (Wabasso Beach Park continuing south to northern John's Island). On August 6th, 2021, the County advertised the project, soliciting bids to restore the dunes and beaches for Phase 2 of the Sector 3 project using sand obtained from either (a) the County's Offshore Borrow area, or (b) an upland sand source pre -qualified by the County, and/or an upland sand source separately approved by the Florida Department of Environmental Protection. 179 F:\Public Works\ENGINEERING DIVISION PROJECTS\2I09 Sector 3 Beach and Dune Restoration Project -Phase 2\1-Admin\Bids\Award of Bid\Sector 3 Phase 2 Award of Bid Agenda item for 09.21.2021 Award of Bid 2021050 Sector 3 Phase 2 Beach and Dune Restoration Project September 21, 2021 BCC Meeting The bid opening was held on September 8th, 2021. Three (3) responsive bids were received. Upon review, three (3) of the responsive bidders submitted a bid identifying use of an upland sand source, while zero (0) identified the use of the County's Offshore Borrow area. All supporting bid documents are on file and available for viewing in the Public Works Department County staff, with support from the County's engineering consultant for the project, Aptim Environmental & Infrastructure, LLC (APTIM), reviewed the bids. Guettler Brothers Construction, LLC is considered the be the lowest, responsive, responsible bidder for the project with a bid totaling $14,174,738.00, which is 3.1% lower than the next lowest bidder. Guettler Brothers Construction, LLC will be using a permitted upland sand mine as the source for sand for the project. Bidders Name Location Total Bid Amount Guettler Brothers Construction, LLC Fort Pierce, FL $14,174,738.00 Phillips and Jordan, Inc. Zephyrhills, FL $14,624,809.75 Ranger Construction Industries, Inc. Fort Pierce, FL $15,324,834.20 FUNDING Partial funding for the entire Sector 3 Beach and Dune Restoration Project is made available through FEMA funding as shown in the table below. Additionally, FDEP Local Governmental Funding Request (LGFR) grants are also made available for this project. FDEP LGFR 171112 identifies certain monitoring and design costs that the County can seek partial reimbursement for. Outside Funding Sources Gross Amount Net Amount FEMA Hurricane Matthew* $5,320,233 $3,369,517 FEMA Hurricane Irma* $2,904,746 $1,028,306 FEMA Hurricane Dorian * $3,113,021 $2,723,893 FDEP Grant 171112 $446,551 $446,551 FDEP Grant** $7,322,869 $7,322,869 Total Funding $19,107,420 $14,891,136 *Net of insurance proceeds received and local cost -share **This LGFR Grant has been approved for award from the FDEP, but not yet received for execution by the County. This LGFR Grant will also identify costs the County can seek partial reimbursement for. The Funding identified above has been allocated for costs associated with the entire 6.6 mile Sector 3 Beach and Dune Restoration Project. Phase 1 of the Sector 3 Beach and Dune Restoration project which has not yet been completed, was awarded in the amount of $14,474,110.00. Should the BCC award Phase 2 of the Sector 3 Beach and Dune Restoration project to the recommended bidder, that amount would be $14,174,738.00 and increase the total cost of the Sector 3 Beach and Dune Restoration Project to $28,648,848.00. Due to the lag time in receiving reimbursement from FEMA and FDEP, this project will require interfund borrowing until grant reimbursements have been received. 180 Award of Bid 2021050 Sector 3 Phase 2 Beach and Dune Restoration Project September 21, 2021 BCC Meeting Local Cost -Share: Local funding for beach restoration is provided by a portion of Local Option Tourist Tax. Funding for construction of the Sector 3 Beach and Dune Restoration Project in the amount of $15,000,000.00 is budgeted and available in Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew, Hurricane Irma and Hurricane Dorian, Account # 12814472- 066514-17001, in FY 2021/2022 budget. RECOMMENDATION Staff recommends that Phase 2 of the Sector 3 Beach and Dune Restoration Project (Bid 2021050) be awarded to Guettler Brothers Construction, LLC in the amount of $14,174,738.00 and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of the agreement and public construction bond by the County Attorney, and after receipt and approval of the required insurance by the Risk Manager. ATTACHMENT 1. Sample Agreement 2. APTIM Bid Recommendation Letter 21-0910 APPROVED AGENDA ITEM FOR SEPTEMBER 21, 2021 181 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Paqe ARTICLE1 -WORK ........................................................................................................... 2 ARTICLE 2 - THE PROJECT.............................................................................................. 2 ARTICLE 3 - ENGINEER................................................................................................... 2 ARTICLE 4 - CONTRACT TIMES....................................................................................... 2 ARTICLE 5 - CONTRACT PRICE....................................................................................... 3 ARTICLE 6 - PAYMENT PROCEDURES........................................................................... 4 ARTICLE 7 - INDEMNIFICATION....................................................................................... 4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS...................................................... 5 ARTICLE 9 - CONTRACT DOCUMENTS........................................................................... 6 ARTICLE 10 - MISCELLANEOUS...................................................................................... 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI Agreement (Public Works) REV 04-07 - 0050 ; 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 Project entails re -nourishment of the southern portion of the County's Sector 3 Beach & Dune Restoration Project via placement of about 280,000 cubic yards of beach -compatible sand fill and about 302,820 native dune plants over 2_9 miles of Atlantic Ocean beach in central Indian River County. Sand fill is proposed to be obtained from either (a) the County's Offshore Borrow Area, or (b) an upland sand source pre -qualified by the County, and/or (c) an upland sand source separately approved by Florida Department of Environment Protection. To avoid adverse impacts to nesting sea turtles, construction is expected to be completed during the period from November 1, 2021 and April 30, 2022. ARTICLE 2 - THE PROJECT 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: SECTOR 3 BEACH AND DUNE RESTORATION PROJECT - PHASE 2 County Project Number: IRC -2109 FM Number: N/A Bid Number: 2021050 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 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 Agreement (Public Works) REV 04-07 - 005Z082 A. The Work will be substantially completed on or before the main part of sea turtle nesting season begins in the County on April 30th, 2022 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 date when the Contract Times commence to run. Substantial completion is defined as completion of the heavy equipment portion of the project on the beach, meaning sand hauling processing, testing, compaction, placement and grading. Heavy equipment work will not be allowed on the beach after April 30th, but dune vegetation planting will be allowed (please refer to FDEP permit and CONTRACT Technical Specifications for permit allowed working dates). Heavy equipment work not completed by April 30, 2022 will need to cease and all equipment removed from the beach and CONTRACTOR will not be allowed to perform Beach Nourishment activities again until after the sea turtle nesting season ends on October 31, 2022. 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 on November 1, 2022, which excludes the time CONTRATOR is not allowed to work based on sea turtle nesting season as identified in FDEP Permit. 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 $4,344.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion (excluding the period between May 1 and October 31, 2022) 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 $4,344.00 for each calendar day that expires after the time specified in paragraph 4.02 (excluding the period between May 1 and October 31, 2022) for completion and readiness for final payment until the Work is completed and ready for final payment. In the event the CONTRACTOR fails to substantially complete the project by April 30, 2022 and must return to substantially complete the Project after October 31, 2022, the CONTRACTOR shall not be compensated for any remobilization or demobilization costs. 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: Numerical Amount: $ Written Amount: Agreement (Public Works) REV 04-07 - 005108 3 ARTICLE 6 - PAYMENT PROCEDURES 6.01 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. 6.02 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 final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 6.03 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 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. Agreement (Public Works) REV 04-07 - 005 08 4 ARTICLE 8 - CONTRACTOR'S 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 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. Agreement (Public Works) REV 04-07 - 005108 b K. 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 for all subcontractors. 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); 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. Technical Specifications by APTIM Environmental & Infrastructure, LLC; 9. Drawings consisting of a cover sheet and sheets numbered 1 through 44, inclusive, with each sheet bearing the following general title: Sector 3 Beach and Dune Renourishment Project; Construction Plans, Indian River County, Florida 10. Addenda (if applicable ); 11. Appendices to this Agreement (enumerated as follows): Appendix A — FDEP PERMIT Appendix B — USACE PERMIT Appendix C — DAILY REPORT FORMAT Appendix D — OFFSHORE SEDIMENT QA/QC PLAN Appendix E - UPLAND SEDIMENT QA/QC PLAN Appendix F - GEOTECHNICAL REPORTS 11. CONTRACTOR'S BID (pages 00310-1 to 00310-8, inclusive); 12. Bid Bond (page 00430-1); 13. Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive); 14. List of Subcontractors (page 00458-1); 15. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); Agreement (Public Works) REV 04-07 - 005 0g 6 16. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 17. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 18. 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 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 Agreement (Public Works) REV 04-07 - 005188 20 - I 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. 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(a-ircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 11 — FEDERAL CLAUSES 11.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work. Agreement (Public Works) REV 04-07 - 005 0g 8 A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708): (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Agreement (Public Works) REV 04-07 - 0051A (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the CONTRACTOR, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. (4) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (5) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the CONTRACTOR, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (6) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Energy Policy and Conservation Act — The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. E. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals Agreement (Public Works) REV 04-07 - 005J?A (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and Indian River County), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. F. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. The list of EPA -designate items is available at http://www.epa.gov/cpg/products.htm. H. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. I. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre - approval. Agreement (Public Works) REV 04-07 - 00529 9flfl J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. M. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. ARTICLE 12 - TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub - Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and Agreement (Public Works) REV 04-07 - 005J M shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. [The remainder of this page was left blank intentionally] Agreement (Public Works) REV 04-07 - 0052U913 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 , 2021 (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 0 Joseph E. Flescher, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CONTRACTOR: Attest (Contractor) (CORPORATE SEAL) Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Eric Charest Title: Natural Resources Manager 1801 27th Street Vero Beach, Florida 32960 (772) 226-1569 Facsimile: (772) 778-9391 License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * Agreement (Public Works) REV 04-07 - 0054M At APTIM September 10, 2021 Eric Charest Natural Resources Manager Indian River County Public Works Coastal Division 1801 27th St Vero Beach, FL 32960 Aptim Environmental & Infrastructure, LLC Subject: Sector 3 Beach and Dune Restoration Project— Phase 2 Bid Recommendation Letter Dear Eric: 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: 561.391.8102 Fax: 561.391.9116 www.aptim.com This is to recommend selection of the low bidder, Guettler Brothers Construction, LLC, to the County for construction of the Sector 3 Phase 2 Beach and Dune Restoration Project along the County's Atlantic Coast shoreline. This recommendation is based on the assumption and provided documentation that the Contractor, Guettler Brothers Construction, LLC, understands and has appropriately considered the nature of the project within the environmentally sensitive project area and performs as intended, meeting all of the requirements of the specifications of the project. The recommendation for the selection of Guettler Brothers Construction, LLC is predicated upon County approval of the appropriate certificate of insurance documents with all required endorsements and stipulations, performance and payment bonds and any documents and/or endorsements required by the County. Please do not hesitate to contact me if you have any further questions or comments. Sincerely, Nicole S. Sharp, P.E. Coastal Restoration & Modeling Program Manager Aptim Environmental & Infrastructure, LLC 196 IRC -2109 Sector 3 Phase 2 Beach & Dune Restoration Award of Bid No. 2021050 Public Works Department Coastal Engineering Division September 21St ,: 2:021 12.G.3. 09/21/2021 09/21/2021 Questions & Answers 12.G.3. 09/21/2021 010 DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Phase 2 of the Sector 3 Beach and Dune Restoration Project (IRC -2109) APTIM, Work Order No. 2018006-12 Construction Administration DATE: September 13, 2021 BACKGROUND AND DESCRIPTION On January 9, 2018, the Board of County Commissioners (BCC) approved a contract with Aptim Environmental & Infrastructure, LLC (APTIM) for professional coastal engineering and biological support services related to the management and nourishment of the Sector 3 (Wabasso Beach) Beach and Dune Restoration Project. The Sector 3 project area is a critically eroded 6.6 -mile section of shoreline that extends from the Seaview Subdivision in the north to just south of the Turtle Trail beach park. The Sector 3 project area sustained erosional damage from Hurricane Matthew (2016), Irma (2017), and Dorian (2019) creating the need for repair. The Sector 3 Beach and Dune Restoration project was split into two (2) separate projects based on the size and complexity of the project coupled with a limited construction timeline due to sea turtle nesting season restrictions and a start delay caused by an initial bid withdrawal after award. Phase 1 of the project was then competitively bid and awarded, with construction taking place during the 2020/2021 construction time period. Phase 2 of the Sector 3 Beach and Dune Restoration project is anticipated to be constructed during the 2021/2022 construction season. The Engineer's estimate for Phase 2 of the Sector 3 Beach and Dune Restoration project calls for the placement of approximately 280,000 cubic yards of beach compatible sand and the installation of 302,820 native dune plants over the southern 2.9 mile stretch of Sector 3. The proposed Work Order No. 2018006-12, in the amount of $419,544.97, provides professional services in support of construction administration and monitoring during construction of Phase 2 of the Sector 3 Beach and Dune Restoration Project. Task No. 8 of Workorder No. 2018006-12 covers sea turtle monitoring should construction continue into the early part of sea turtle nesting season. Sea turtle nesting season begins March 15Y in Indian River County. The amount of this task is $98,636.82 and covers not only sea turtle nest monitoring and protection efforts required under the permit, but also includes nighttime sea turtle monitoring should a nesting Leatherback sea turtle come ashore and nest in the project 197 area, or within close proximity to the construction area, while construction efforts remain underway. The inclusion of this task in Workorder No. 12 provides these services, but may not be necessary depending on construction schedules and nesting occurrences. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue, FEMA project worksheets and FDEP grants. Funding for construction administration services in the amount of $419,544.97 is budgeted and available for the Sector 3 Beach Nourishment Project in the Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew, Hurricane Irma and Hurricane Dorian, Account No. 12814472-066514-17001. RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018006-12 in the total lump sum amount of $419,544.97. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-12. ATTACHMENT 1. APTIM Work Order No. 2018006-12 2. APTIM WO#2018006-12 Execution Agreement APPROVED AGENDA ITEM FOR: SEPTEMBER 21, 2021 198 )>1k APTIM September 10, 2021 Mr. Eric Charest Indian River County Public Works - Coastal Division 1801 27th St, Building A Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #12 Phase 2 Construction Administration Dear Eric: Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of the Sector 3 Beach and Dune Restoration Project, Phase 2. The scope of work described herein is to support the County in administering construction for the Sector 3 project including periodic site observations and project certification. This proposal is intended to follow W0#11 — Pre -Construction Services for the Sector 3, Phase 2 project, which includes services through the Bidding and Pre -Construction Services phase. The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee proposal were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services in support of the Sector 3 (Wabasso Beach) Beach and Dune Restoration Project (RFQ#2018006). Task 1: Progress Meetings APTIM will coordinate and conduct weekly construction progress meetings with the County and Contractor. APTIM will direct the meeting, covering work progress and schedule, conformance to plans and specifications, and other relevant issues that may need to be discussed. APTIM will also record and distribute meeting minutes to the project team. APTIM will collect and incorporate meeting minute comments and distribute final meeting minutes, if applicable. The proposed budget for this task includes up to twenty-one (21) construction progress meetings, based on the tentative schedule. Deliverable APTIM will distribute the final meeting minutes in PDF format to the project team. Schedule APTIM will distribute the draft meeting minutes within three (3) days of the meeting date. APTIM will distribute the final meeting minutes upon receipt of any comments from the project team, prior to the next meeting. 199 AAPTIM The lump sum cost for this task is $19,184.55 Task 2: Site Observations APTIM will assist the County with engineering services, technical assistance, and on-site observations during construction in order to certify the project was constructed in compliance with the contract documents as Engineer of Record. APTIM will perform site visits on days of active construction, which are assumed to be 5 days per week, and will provide up to eight (8) hours of observation per visit. It is assumed that one (1) site visit per week will be scheduled on the same day as the weekly progress meeting described in Task 1. APTIM will coordinate with the Contractor to perform site visits on days when on-site construction activities are scheduled. The activities, observations, photographs, discussions with the Contractor, and other issues will be documented in a daily observation report and submitted to the County. APTIM's on-site representative will: • Observe all aspects of construction activities at the beach including periodic beginning of the day and end of day beach fill operations and periodically visit the project sand source • Visually assess the quality of fill material delivered to the project site and placed on the beach • Observe the Contractor's work for compliance with the contract documents and permits • Photograph and document the project as the work progresses • Communicate issues, deviations, and/or consistencies that may arise • Attend progress meetings The proposed budget for this task includes up to 108 days of construction observations, based on the tentative schedule. Upon completion of sections of constructed beach, two (2) duplicate sand samples will be collected at each FDEP Reference Monument profile line to assess the grain size, silt content, gravel content, and Munsell color for compliance, in compliance with the approved Sediment QA/QC Plan. One (1) sample will be quantitatively tested and the other archived for 120 days after project completion. Deliverable APTIM will prepare observation reports summarizing each site visit, which will be used to document the project progress and events and will be provided the following day after construction activities. APTIM will prepare a summary table of the sediment samples and test results for the sediment compliance parameters, and a complete set of laboratory testing results as required by the approved Sediment QA/QC Plan. The sediment testing results will be included in the Project Completion Report. Schedule A fixed timeline cannot be provided because it is dependent upon the Contractor's progress and construction schedule. Cost The lump sum cost for this task is $225,162.60. 200 AAPTIM APTIM will provide necessary interpretations or clarifications of the contract documents requested by the Contractor through the County. APTIM will also make determinations on non -conforming and unauthorized work as described in the project plans and specifications. APTIM will assist the County to prepare field changes or change orders requested by the Contractor, recommended for approval by APTIM, and agreed to by the County. These documents will be submitted electronically in PDF format unless they must be sealed, at which point a hardcopy will be provided along with an electronic copy at the time of issuance. This scope of work is based on the assumption that there will be a maximum of four (4) change orders and four (4) field adjustments. APTIM will review daily quality control reports and other submittals provided by the Contractor. APTIM will review and respond to correspondence from the Contractor through the County on an as needed basis. APTIM will also respond to Contractor questions via phone. If the questions are sufficiently technical or the response may deviate from the plans and specifications, APTIM will document these conversations and circulate a summary to the County and Contractor via email. APTIM may require that the Contractor submit an official contract change request. During construction, APTIM will confer with the County, the Contractor, and regulatory agency staff to review and document that the County has fulfilled reporting requirements cited in the permits. APTIM will assist the County with documentation of permit compliance. Deliverable APTIM will provide project -related documentation as described above. Schedule A fixed timeline cannot be provided because it is dependent upon the Contractor's progress, construction schedule, and any issues which may arise during construction. However, APTIM work with the project team to administer construction through completion. Cost The lump sum cost for this task is $37,373.00. Task 4: Payment Review APTIM will review all invoices for payment submitted by the Contractor and determine the amounts of progress payments due based on completion of work. APTIM will analyze the survey data and compare the requested payment volume to APTIM's computed pay volume. APTIM will also assess whether the Contractor is eligible for other pay items and the amount due. Deliverable A letter of payment recommendation will be submitted to the County along with the Contractor's pay request in PDF format. Schedule Payment recommendations will be submitted to the County in accordance with the requirements of the 201 ,,APTIM Cost The lump sum cost for this task is $10,390.00. Task 5: Project Closeout APTIM will conduct one (1) substantial completion site visit with the County and Contractor, which will be conducted following dune and beach fill placement. Upon completion of the substantial completion site visit, APTIM will assist the County in the preparation of a punch list of items to be completed by the Contractor prior to final acceptance. APTIM will conduct one (1) final acceptance walkthrough with the County following site restoration, installation of dune vegetation, and demobilization. This final site visit will be conducted to confirm that the Contractor has completed the punch list items. Deliverable APTIM will prepare and distribute a punch list to the project team upon completion of the substantial completion site visit. A letter summarizing recommendations for final payment to the Contractor and release of any retainage will be prepared at the completion of the project. Schedule APTIM will conduct the substantial completion site visit within seven (7) days of the receipt of written notice from the Contractor of substantial completion. APTIM will conduct the final walkthrough within seven (7) days of receipt of written notice from the Contractor that all punch list items have been completion. Cost The lump sum cost for this task is $6,614.00. Task 6: Project Report & Certification After completion of the project and the Contractor has demobilized from the site, APTIM will provide a written Project Completion Report to the County, which will include a summary of the work performed along with a compilation of the pertinent correspondence and data. APTIM will provide a written statement of completion and certification to satisfy permitting requirements noting any deviations from the permitted projects. This certification will state whether the project was constructed in substantial compliance with the plans and specifications. Our certification will be qualified and based on the extent of APTIM's involvement in construction observation. Deliverable APTIM will provide one (1) hardcopy of the Project Completion Report and written statement of completion to the County; electronic copies in PDF format will also be provided. Schedule The Project Completion Report will be provided within approximately sixty (60) days after completion and acceptance of construction as required by the permit. The written statement of completion and certification will be provided within thirty (30) days after completion and acceptance of construction 202 AAPTIM Cost The lump sum cost for this task is $16,134.00. Task 7: Check Surveys APTIM will conduct up to two (2) independent check surveys to evaluate discrepancies that may arise between the Contractor's requested pay volume and APTIM's computed pay volume based on the construction plans. This will allow for a prompt, independent check should questions arise regarding the data obtained by the surveyor retained by the Contractor to perform pay surveys. The surveys will be conducted with land-based equipment and extend to sufficient wading depth to complete the data check. Deliverable APTIM will include the check survey cross-sections in the Project Completion Report, if applicable. Schedule A fixed timeline cannot be provided because it is dependent upon the Contractor's progress and pay survey results. APTIM will mobilize in an expeditious manner according to construction progress. Cost The lump sum cost for this task is $6,050.00 Task 8: Construction Phase Sea Turtle and Shorebird Monitoring APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. EAI has provided the enclosed proposal and cost breakdown for sea turtle and shorebird monitoring tasks, which states: Construction -phase sea turtle and shorebird monitoring and ancillary professional services in support of the Sector 3 Beach and Dune Nourishment project. This scope of work was developed based on conditions and requirements set forth in standard regulatory permits and the following documents: • Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) No. 0285993 -009 -JC • U.S. Fish and Wildlife Service (USFWS) Revised Statewide Programmatic Biological Opinion (BO) dated March 13, 2015 The following tasks will be performed under this work order include: • Task 1: Pre -construction Meeting • Task 2: Daily Sea Turtle Monitoring and Data Management • Task 3: Nighttime Sea Turtle Monitoring • Task 4: Sea Turtle Nest Protection • Task 5: Construction -phase Nesting Shorebird Monitoring and Protection 203 AAPTIM The lump sum cost for this task is $98,636.82. Summary The total lump sum cost to perform the proposed work described herein for Sector 3 — 2018006 — Work Order #12 is $419,544.97. Please refer to Exhibit A, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order from Indian River County (unless stated otherwise in the schedule). It is noted that some aspects of this Work Order are dependent upon Contractor performance and are outside the control of APTIM and the County. As such, the scope, schedule and cost described herein is provided as an estimate. APTIM will strive to execute each phase of the work within budget and in as expeditious a manner according to construction progress. We will coordinate with the County in the event that the scope, schedule, or budget arise due to unforeseen issues or circumstances. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Nicole S. Sharp, P.E. Coastal Restoration Modeling Program Manager Aptim Environmental & Infrastructure, LLC Authorized Corporate Signature Beau C. Suthard Printed Name Program Director Title September 10, 2021 Date Client Authorized Signature Printed Name Title 204 APTIM EXHIBIT A Indian River County, FL Sector 3 - 2018006 - Work Order #12 Construction Administration Summary of Cost by Task September 10, 2021 Page 7 of 7 Task Number Task Name Labor Subcontractors Equipment Materials Other ODCs Mobilization/ Demob Totals Task 1 Progress Meetings $ 15,666.00 $ - $ - $ - $ - $ 3,518.55 $ 19,184.55 Task Site Observations $ 195,000.00 $ - $ - $ - $ 30,162.60 $ 225,162.60 Task Construction Administration $ 26,873.00 $ 10,500.00 $ $ $ $ 37,373.00 Task 4 Payment Review $ 10,390.00 $ - $ $ $ $ $ 10,390.00 Task Project Closeout $ 6,614.00 $ - $ - $ - $ - $ - $ 6,614.00 Task 6 Project Report & Certification $ 16,134.00 $ - $ - $ - $ - $ - $ 16,134.00 Task Check Surveys $ 5,060.00 $ - $ 990.00 $ - $ - $ - $ 6,050.00 Task 8 Construction Phase Sea Turtle and Shorebird Monitoring $ - $ 98,636.82 $ - $ - $ - $ - $ 98,636.82 Totals = $ 275,737.00 $ 109,136.82 $ 990.00 $ - $ - $ 33,681.15 $ 419,544.97 Submitted By: Nicole Sharp submitted To: Indian River Cou*, FL Summary of Labor Hours and Cost 205 �M mmm ® FEW= 1111111111111MIl Orn ENEM M"M 205 WORK ORDER NUMBER 2018006-12 PHASE 2, SECTOR 3 BEACH AND DUNE RESTORATION PROJECT CONSTRUCTION ADMINISTRATION SERVICES This Work Order Number 2018006-12 is entered into as of this day of , 2021 pursuant to that certain Engineering and Biological Support Services Contract for Sector 3 Agreement for Professional Services entered into as of January, 2018 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental and Infrastructure, LLC. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Inf rastructure, LLC. OF INDIAN RIVER COUNTY an , P.E. Title: Director of Operations Date: By: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 206 Dylan Reingold County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney iia County Attorney Matters — B. C. C. 09.21.2021 Of ce of INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners as the Environmental Control Board FROM: Susan J. Prado, Assistant County Attorney DATE: September 8, 2021 SUBJECT: Request for Release of Environmental Control Hearing Board Lien BACKGROUND. Staff was contacted by Supreme Title regarding the following Environmental Liens: On October 5, 2009, the Environmental Control Hearing Board issued an order in case number 465-09 against Gifford Gardens, LLC and assessed a $1,000.00 fine. On November 10, 2009, the Environmental Control Hearing Board recorded a Notice of Lien for Environmental Fine and copy of the referenced order (O.R. BK 2379 PG 2180-2183). On December 8, 2009, the Environmental Control Hearing Board issued an order in case number 470-09 against Gifford Gardens, LLC and assessed a $8,100.00 fine. On April 13, 2010, the Environmental Control Hearing Board Recorded a Notice of Lien for Environmental Fine and copy of the reference order (O.R. BK 2393 PG 1716-1719). On December 8, 2009, the Environmental Control Hearing Board issued an order in case number 465-09 against Gifford Gardens, LLC and assessed a $5,000.00 fine plus a daily penalty of $100 per day until compliance is achieved. On January 14, 2010, the Environmental Control Hearing Board Recorded a Notice of Lien for Environmental Fine and copy of the reference order (O.R. BK 2393 PG 1720-1722). On February 22, 2010, the Environmental Control Hearing Board issued an order in case number 470-09 against Gifford Gardens, LLC and assessed a $1,000.00 fine. On January 14, 2010, the Environmental Control Hearing Board Recorded a Notice of Lien for Environmental Fine and copy of the reference order (O.R. BK 2412 PG 422-424). 207 Board of County Commissioners September 8, 2021 Page 2 of 2 On December 3, 2010, the Environmental Control Hearing Board issued an order in case number 482-10 against Gifford Gardens, LLC and assessed a $1,500.00 fine, plus a daily penalty of $100 per day until compliance is achieved. On February 22, 2011, the Environmental Control Hearing Board Recorded a Notice of Lien for Environmental Fine and copy of the reference order (O.R. BK 2479 PG 2166-2169). Staff was asked to bring this item to the Board of County Commissioners (hereinafter Board) with the request to release the above listed liens on the following properties: 44613 1 St Avenue and 4475 31St Avenue. Staff requested an offer amount to present to the Board and received an offer amount of $500. Staff countered that offer with a $3,000 amount. The future buyer did not accept nor deny the counter offer but asked to be heard by the Board instead. FUNDING. The only cost associated with this item is the cost to record a release of lien as to the above- mentioned properties, estimated to cost approximately $185 and charged to account 00122019- 033190-20022 (General Fund/Facilities/Other Professional Services -Gifford Gardens). RECOMMENDATION. Staff is not in support of the $500 offer amount to settle the liens on the above-mentioned properties and seeks the Board's decision on this matter. Attachments: Aerial Photographs of 44613 1 St Avenue and 4475 31St Avenue Copies of the liens 208 2041467 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2393 PG: 1720, 01/14/2010 11:14 AM STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTICE OF LIEN FOR ENVIRONMENTAL FINE NOTICE is hereby given that the Indian River County Environmental Control Hearing Board has ordered payment by Gifford Gardens, LLC, of a civil penalty of Five Thousand Dollars ($5,000.00), plus an additional daily penalty accruing at a rate of One Hundred Dollars ($100.00) per day commencing November 2, 2009, and continuing until compliance is achieved. Pursuant to Chapter 85-427, Special Acts, Laws of Florida, this lien is hereby filed and recorded in the official records of the Office of the Clerk of the Circuit Court of Indian River County, Florida, in the above stated amounts, as imposed by the Indian River County Environmental Control Hearing Board Order entered in Case No. 465-09, dated December 8, 2009, which is made a part hereof and incorporated herein as Exhibit "I". Indian River County, whose address is Indian River County, c/o Board of County Commissioners, Administration Building, 1801 27'h Street, Building A, Vero Beach, FL 32960, claims a lien on any and all property owned by Gifford Gardens, LLC including but not limited to the following: Lots 2, 3, 4, 5, 19, 32, 33, 34, and 35 of Lincoln Park Estates Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and The West 20 feet of the East 80 feet of Lot 1 of Lincoln Park Estates, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and The East 40 feet of Lot 1 of Lincoln Park Estates, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and From the Southwest corner of the Southeast V. of Section 22, Township 32 South, Range 39 East, run east along the section line a distance of 418.95'; then on a deflection angle to the left of 91028', run 980.23' to the Point of Beginning. Thence run North 54.98', thence on a deflection angle to the left of 102059' run 195.95', thence run South a distance of 43.00', thence run Northeasterly a distance of 193.60' to the Point of Beginning. Said land lying and being in Indian River County, Florida, and Lot 2, Block 1 of GIFFORD SCHOOL PARK EXTENSION, according to the Plat thereof as recorded in Plat Book 3, Page(s) 80, of the Public Records of Indian River County, Florida, and Lots 3 and 4, Block 8 of Spruce Park, according to the Plat thereof as recorded in Plat Book 1, Page(s) 80, of the Public Records of Indian River County, Florida, and Lot 6, Block 2 of UNIT 1 CARVER COLONY SUB'D, according to the Plat thereof as recorded in Plat Book 4, Page(s) 87, of the Public Records of Indian River County, Florida, and Page 1 of 2 209 BK: 2393 PG: 1721 Beginning at the Northwest corner of Lot 20, CANNON SUBDIVISION, according to the plat filed in the office of the Clerk of the Circuit Court in and for Indian River County, Florida, in Plat Book 2, Page 77, go East along the North line of said Lot 20 for 155 feet, thence due South 44 feet, thence West Parallel with the North line of said Lot 20 for 155 feet, thence North along the West line of said Lot 20 for 44 feet to the Point of Beginning. DATED THIS a day of ' 2010. Indian River County, a political subdivision of the State of Florida BY. SUZAN H. VITUNAC, ATTORNEY for Envir mental Control Officer The foregoing instrument was ackn edge e me this` day o�q� fy , 2010, by c avt � u L wh_ personally known tom and who did not tak`� an oat�i Noory Public Stat of Florida at large My Commission Expires: This instrument was prepared by: SUZANNE H. VITUNAC, ATTORNEY for Indian River County Epvironmental Control Officer 1900 - 27th Street, 2" Floor Vero Beach, FL 32960 JUUANNE PRICE Tel: (772) 794-7440 Carmisa m DD 794746 Florida Bar# 181352 EXesAWSt25,2012 Bmdq TAwTpy yn M/Md 106,bdp10 Page 2 of 2 210 BK: 2393 PG: 1722 INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL HEARING BOARD VERO BEACH, FLORIDA DEPARTMENT OF HEALTH - ) �C JLC b r f `i it, INDIAN RIVER COUNTY HEALTH ) DEPARTMENT AND INDIAN RIVER } COUNTY ENVIRONMENTAL CONTROL ) OFFICER ) Petitioners ) vs. ) CASE NO. 465-09 GIFFORD GARDENS, LLC ) Respondent ) ORDER This matter came up for hearing before the Indian River County Environmental Control Board on December 3, 2009, pursuant to an Order dated October 5, 2009, entered in this cause. Respondent GIFFORD GARDENS, LLC had been provided with notice of the hearing, but was not present or represented. The Hearing Board, having heard testimony and argument, and being duly advised in the premises, HEREBY finds as follows: Respondent has failed to comply with any of the requirements set out in this Board's October 5, 2009, Order. Specifically, Respondent has not secured any permits for demolition or repairs of the subject structure, nor has Respondent completed such activities. Further, Respondent has not paid the One thousand dollar ($1,000.00) civil penalty set out in paragraph 1 of said Order. Respondent has therefore failed to purge the suspended civil penalty of Five Thousand Dollars ($5,000.00), set out in paragraph 2 of the October 5, 2009, Order. It is therefore ORDERED as follows: 1. The additional Five Thousand Dollar ($5,000.00) civil penalty set out in paragraph 2 of the October 5, 2009, Order, is hereby determined to be due and payable. Payment shall be made payable to Indian River Count and delivered to Environmental Health, Indian River County Health Department, 1900 27 Street, 2nd Floor, Vero Beach, FL 32960, on or before December 21, 2009. 2. In accordance with paragraph 4 of the October 5, 2009, Order, the additional daily civil penalty of One Hundred Dollars ($100.00) per day shall commence November 2, 2009, and continue to accrue until compliance is achieved. 3. It is the intention of this Board that all civil penalties levied in this case shall be filed as liens against property of the Respondent, as set out in Chapter 85-427, Special Acts, Laws of Florida. 4. The Hearing Board retains jurisdiction to enter such further Orders as may be necessary. DONE AND ORDERED this 6 day of � c,. 2009. DEC 0 8 2009 Chairman Filed: Secretary to Indian River Date County Environmental Control Hearing Board Copies furnished to: Suzanne H. Vitunac, Attorney Joshua Perez Gifford Gardens, LLC 211 9/8/21. 4:32 PM Landmark Web Official Records Search 2058894 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2412 PG: 422, 04/13/2010 02:34 PM STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTICE OF LIEN FOR ENVIRONMENTAL FINE NOTICE is hereby given that the Indian River County Environmental Control Hearing Board has ordered payment by Gifford Gardens, LLC, of a civil penalty of Eight Thousand, One Hundred Dollars ($8,100.00). Pursuant to Chapter 85-427, Special Acts, Laws of Florida, this lien is hereby filed and recorded in the official records of the Office of the Clerk of the Circuit Court of Indian River County, Florida, in the amount of Eight Thousand, One Hundred Dollars ($8,100.00), which amount was imposed by the Indian River County Environmental Control Hearing Board Order entered in Case No. 470-09 dated February 22, 2010, which is made a part hereof and incorporated herein as Exhibit "I". Indian River County, whose address is Indian River County, c/o Board of County Commissioners, Administration Building, 1801 27"' Street, Building A, Vero Beach, FL 32960, claims a lien on any and all property owned by Gifford Gardens, LLC including but not limited to the following: Lots 2, 3, 4, 5, 19, 32, 33, 34, and 35 of Lincoln Park Estates Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and The West 20 feet of the East 80 feet of Lot 1 of Lincoln Park Estates, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and The East 40 feet of Lot 1 of Lincoln Park Estates, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and From the Southwest comer of the Southeast Y. of Section 22, Township 32 South, Range 39 East, run east along the section line a distance of 418.95'; then on a deflection angle to the left of 91028', run 980.23' to the Point of Beginning. Thence run North 54.98', thence on a deflection angle to the left of 102°59' run 195.95', thence run South a distance of 43.00', thence run Northeasterly a distance of 193.60' to the Point of Beginning. Said land lying and being in Indian River County, Florida, and Lot 2, Block 1 of GIFFORD SCHOOL PARK EXTENSION, according to the Plat thereof as recorded in Plat Book 3, Page(s) 80, of the Public Records of Indian River County, Florida, and Lots 3 and 4, Block 8 of Spruce Park, according to the Plat thereof as recorded in Plat Book 1, Page(s) 80, of the Public Records of Indian River County, Florida, and Lot 6, Block 2 of UNIT 1 CARVER COLONY SUB'D, according to the Plat thereof as recorded in Plat Book 4, Page(s) 87, of the Public Records of Indian River County, Florida, and Beginning at the Northwest corner of Lot 20, CANNON SUBDIVISION, according to the plat filed in the office of the Clerk of the Circuit Court in and for Indian River County, Florida, in Plat Book 2, Page 77, go East along the North line of said Lot 20 for 155 feet, thence due South 44 feet, thence West Parallel with the North line of said Lot 20 for 155 feet, thence North along the West line of said Lot 20 for 44 feet to the Point of Beginning. Page 1 of 2 212 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 1/3 9/8/21, 4:32 PM BK: 2412 PG: 423 DATED THIS 9 day of, rFn"t Landmark Web Official Records Search , 2010. Indian River County, a political subdivision of the State of Florida BY. SU E . VITUNAC, ATTORNEY for Envi ntal Control Officer The foregoing instrument was acknowledged before me this f day of Xpe + ! 2010, by who is personally known to me and who did not take an oath. This instrument was prepared by: SUZANNE H. VITUNAC, ATTORNEY for Indian River County Environmental Control Officer 1900 - 27th Street, 2nd Floor Vero Beach, FL 32960 Tel: (772) 794-7440 Florida Bar # 181352 Notary Public State of Florida at large My Commission Expires: NXt» c, y R • .+ Gv/P o NANCYRMJJPPO cmWintm oo mm Exolw.,Itn.2R laott Page 2 of 2 213 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 2/3 9/8/21, 4:32 PM BK: 2412 PG: 424 Landmark Web Official Records Search INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL HEARING BOARD VERO BEACH, FLORIDA DEPARTMENT OF HEALTH - ) INDIAN RIVER COUNTY HEALTH ) DEPARTMENT AND INDIAN RIVER ) COUNTY ENVIRONMENTAL CONTROL ) OFFICER ) Petitioners ) vs. ) CASE NO. 470-09 GIFFORD GARDENS, LLC ) Respondent ) ORDER This matter came up for hearing before the Indian River County Environmental Control Board on February 11, 2010, pursuant to an Order dated December 8, 2009, entered in this cause. Respondent GIFFORD GARDENS, LLC had been provided with notice of the hearing, but was not present or represented. The Hearing Board, having heard testimony and argument, and being duly advised in the premises, HEREBY finds as follows: On January 21, 2010, Respondent removed all accumulations of garbage, trash, and debris from the property and properly boarded up all structures on the subject property. Because Respondent failed to meet the December 21, 2009 compliance date for this action, Respondent failed to purge the suspended civil penalty of Five Thousand Dollars ($5,000.00), set out in paragraph 2 of the December 8, 2009, Order. It is therefore ORDERED as follows: 1. The additional Five Thousand Dollar ($5,000.00) civil penalty set out in paragraph 2 of the December 8, 2009, Order, is hereby determined to be due and payable. Payment shall be made payable to Indian River County and delivered to Environmental Health, Indian River County Health Department, 1900 27h Street, 2"d Floor, Vero Beach, FL 32960, on or before February 28, 2010. 2. In accordance with paragraph 4 of the December 8, 2009, Order, the additional daily civil penalty of One Hundred Dollars ($100.00) per day is hereby established at a fine certain amount of Three Thousand One Hundred Dollars ($3,100.00), based on a total of 31 days of non-compliance. This Three Thousand One Hundred Dollars ($3,100.00), civil penalty is hereby due and payable. Payment shall be made payable to Indian River County and delivered to Environmental Health, Indian River County Health Department, 1900 27h Street, 2nd Floor, Vero Beach, FL 32960, on or before February 28, 2010. Respondent remains ordered to maintain the subject property in compliance with the December 8, 2009, Order; Respondent remains subject to further civil penalties should Respondent fail to comply. 3. The above penalties are in addition to the One Thousand Dollar ($1,000.00) penalty previously levied in this case, and it is the Board's intention that these penalties be filed as liens, as set out in Chapter 85-427, Special Acts, Laws of Florida. 4. The Hearing Board retains jurisdiction to enter such further Orders as may be necessary. 5. This matter may be set up for further hearing by either side upon providing reasonable notice of hearing to the other parties. DONE AND ORDERED this ZE,11ay of 2010. Steve Snoberger, Chairman Filed: FEB 2 3 2010 Secretary to Indian River County Environmental Control Hearing Board Filing Date: FEB 2 3 2010 Copies furnished to: Suzanne H. Vitunac, Attorney; Joshua Perez; Gifford Gardens, LLC 214 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 3/3 9/8/21, 3:48 PM Landmark Web Official Records Search 2029195 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2379 PG: 2180, 11/10/2009 09:22 AM STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTICE OF LIEN FOR ENVIRONMENTAL FINE NOTICE is hereby given that the Indian River County Environmental Control Hearing Board has ordered payment by Gifford Gardens, LLC, of a civil penalty of One Thousand Dollars ($1,000.00). Pursuant to Chapter 85-427, Special Acts, Laws of Florida, this lien is hereby filed and recorded in the official records of the Office of the Clerk of the Circuit Court of Indian River County, Florida, in the amount of One Thousand Dollars ($1,000.00), which amount was imposed by the Indian River County Environmental Control Hearing Board Order dated October 5, 2009, which is made a part hereof and incorporated herein as Exhibit "I". Indian River County, whose address is Indian River County, c/o Board of County Commissioners, Administration Building, 1801 27"' Street, Building A, Vero Beach, FL 32960, claims a lien on any and all property owned by Gifford Gardens, LLC including but not limited to the following: Lots 2, 3, 4, 5, 19, 32, 33, 34, and 35 of Lincoln Park Estates Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and The West 20 feet of the East 80 feet of Lot 1 of Lincoln Park Estates, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and The East 40 feet of Lot 1 of Lincoln Park Estates, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and From the Southwest corner of the Southeast % of Section 22, Township 32 South, Range 39 East, run east along the section line a distance of 418.95'; then on a deflection angle to the left of 91028', run 980.23' to the Point of Beginning. Thence run North 54.98', thence on a deflection angle to the left of 102059' run 195.95', thence run South a distance of 43.00', thence run Northeasterly a distance of 193.60' to the Point of Beginning. Said land lying and being in Indian River County, Florida, and Lot 2, Block 1 of GIFFORD SCHOOL PARK EXTENSION, according to the Plat thereof as recorded in Plat Book 3, Page(s) 80, of the Public Records of Indian River County, Florida, and Lots 3 and 4, Block 8 of Spruce Park, according to the Plat thereof as recorded in Plat Book 1, Page(s) 80, of the Public Records of Indian River County, Florida, and Lot 6, Block 2 of UNIT 1 CARVER COLONY SUB'D, according to the Plat thereof as recorded in Plat Book 4, Page(s) 87, of the Public Records of Indian River County, Florida, and Beginning at the Northwest comer of Lot 20, CANNON SUBDIVISION, according to the plat filed in the office of the Clerk of the Circuit Court in and for Indian River County, Florida, in Plat Book 2, Page 77, go East along the North line of said Lot 20 for 155 feet, thence due South 44 feet, thence West Parallel with the North line of said Lot 20 for 155 feet, thence North along the West line of said Lot 20 for 44 feet to the Point of Beginning. Page 1 of 2 215 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 1/4 9/8/21. 3:48 PM BK: 2379 PG: 2181 DATED THIS 10 day of /?o Landmark Web Official Records Search , 2009. Indian River County, a political subdivision of the State of Florida BY: � SU N� UNAC,ATTORNEY for Envi ntal Control Officer The foregoing instrument was acknowledged before me this Wf- day of PoV • , 2009, by �ju iar�Ne U��u who is personally known to me and who did not take an oath. This instrument was prepared by: SUZANNE H. VITUNAC, ATTORNEY for Indian River County Environmental Control Officer 1900 - 27th Street, 2rd Floor Vero Beach, FL 32960 Tel: (772) 794-7440 Florida Bar # 181352 Notary Public State of Florida at large My Commission Expires: Aw X67 M 3- UJ LIANNE PRICE A Commi46 ssion DD 12 •-....... �r'wr...a+oo�smi� Page 2 of 2 216 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 2/4 9/8/21, 3:48 PM BK: 2379 PG: 2182 Landmark Web Official Records Search INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL HEARING BOARD VERO BEACH, FLORIDA DEPARTMENT OF HEALTH - INDIAN RIVER COUNTY HEALTH DEPARTMENT AND INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL OFFICER Petitioners vs. GIFFORD GARDENS, LLC Respondent ORDER CASE NO. 465-09 This matter came up for hearing before the Indian River County Environmental Control Board on October 1, 2009, pursuant to a Notice of Non -Compliance filed on August 25, 2009. Respondent GIFFORD GARDENS, LLC had been properly served with Notice of the Hearing on both August 28, 2009, and September 1, 2009. Respondent GIFFORD GARDENS, LLC was not represented at the hearing, and the entry of a default is appropriate under the Board's Bylaws. The Hearing Board, having heard testimony and argument, and being duly advised in the premises, HEREBY makes the following findings: I. At all times pertinent to this matter, Respondent owned and controlled property at 4390 3151 Avenue, Vero Beach, Florida, which property is in Indian River County, Florida, and which property is legally described in the attached Exhibit "A". II. During a period beginning on July 21, 2009, and continuing to the present, the subject property has been and is the site of an abandoned and dilapidated home, which is in a state of extreme disrepair and is opened to the elements. The structure has and is creating a harborage for rodents and has and is being entered and used by transient persons. The property is creating a potential for the transmission of numerous diseases and is thereby creating a sanitary nuisance injurious to public health, in violation of Chapter 386, Florida Statutes. III, Proper Notice to Correct Violation was issued to Respondent and delivered by certified mail on August 3, 2009. IV. Respondent failed to comply with the Notice to Correct Violation, and has in fact taken no corrective action in this matter.. V. The violations described above and in the Notice of Non -Compliance constitute Violations Resulting in a Public Health Threat. It is therefore ORDERED as follows: 1. A civil penalty of One thousand dollars ($1,000.00) is hereby levied for the violations set out above. Such civil penalty is due and payable and shall be made by payment delivered to Environmental Health, Indian River County Health Department, 1900 27 1hStreet, 2n11 Floor, Vero Beach, FL 32960, on or before November 1, 2009. Payment shall be made payable to Indian River County. 217 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 3,'4 9/8/21. 3:48 PM BK: 2379 PG: 2183 Landmark Web Official Records Search 2. An additional suspended civil penalty of Five Thousand Dollars ($5,000.00) is imposed and is purgable, contingent upon compliance with all requirements of this Order. 3. On or before November 1, 2009, Respondent Gifford Gardens, LLC shall secure all required permits and complete either the demolition or adequate repair of the subject structure at 4390 3151 Avenue, Vero Beach, FL, pursuant to and in accordance with those permits. 4. An additional civil penalty of One Hundred Dollars ($100.00) per day shall be imposed for each day of any non-compliance with the requirements of Paragraph 3 above. 5. The Hearing Board retains jurisdiction in this cause. 6. This matter is continued and set for hearing on December 3, 2009, at 12:30 P.M. in the Indian River County Commission Chambers, 1801 -27th Street, Bldg A, Vero Beach, Florida, at which time it will be heard to determine whether or not Respondent is in compliance with this Order. DONE AND ORDERED this 5 day of d c -A—• 2009 OCT 0 6 2009 Filed: Secretary to Indian River County Environmental Control Hearing Board Copies furnished to: Suzanne H. Vitunac, Attorney Joshua Perez Gifford Gardens, LLC Date 218 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 4/4 9/8/21, 4:33 PM Landmark Web Official Records Search 2121967 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2479 PG: 2166, 02/22/2011 02:56 PM STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTICE OF LIEN FOR ENVIRONMENTAL FINE NOTICE is hereby given that the Indian River County Environmental Control Hearing Board has ordered payment by Gifford Gardens, LLC, of a civil penalty of OneThousand, Five Hundred Dollars ($1,500.00), plus a daily penalty of One Hundred Dollars ($100.00) per day until compliance is achieved. Pursuant to Chapter 85-427, Special Acts, Laws of Florida, this lien is hereby filed and recorded in the official records of the Office of the Clerk of the Circuit Court of Indian River County, Florida, in the amount of OneThousand, Five Hundred Dollars ($1,500.00), plus a daily penalty of One Hundred Dollars ($100.00) per day until compliance is achieved, which was imposed by the Indian River County Environmental Control Hearing Board Order entered in Case No. 482-10 dated December 3, 2010, and filed December 6, 2010, which is made a part hereof and incorporated herein as Exhibit "I". Indian River County, whose address is Indian River County, c/o Board of County Commissioners, Administration Building, 1801 27t Street, Building A, Vero Beach, FL 32960, claims a lien on any and all property owned by Gifford Gardens, LLC including but not limited to the following: Lots 2, 3, 4, 5, 19, 32, 33, 34, and 35 of Lincoln Park Estates Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and The West 20 feet of the East 80 feet of Lot 1 of Lincoln Park Estates, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and The East 40 feet of Lot 1 of Lincoln Park Estates, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and From the Southwest comer of the Southeast Y. of Section 22, Township 32 South, Range 39 East, run east along the section line a distance of 418.95'; then on a deflection angle to the left of 91°28', run 980.23' to the Point of Beginning. Thence run North 54.98', thence on a deflection angle to the left of 102°59' run 195.95', thence run South a distance of 43.00', thence run Northeasterly a distance of 193.60' to the Point of Beginning. Said land lying and being in Indian River County, Florida, and Lot 2, Block 1 of GIFFORD SCHOOL PARK EXTENSION, according to the Plat thereof as recorded in Plat Book 3, Page(s) 80, of the Public Records of Indian River County, Florida, and Lot 6, Block 2 of UNIT 1 CARVER COLONY SUB'D, according to the Plat thereof as recorded in Plat Book 4, Page(s) 87, of the Public Records of Indian River County, Florida, and Beginning at the Northwest comer of Lot 20, CANNON SUBDIVISION, according to the plat filed in the office of the Clerk of the Circuit Court in and for Indian River County, Florida, in Plat Book 2, Page 77, go East along the North line of said Lot 20 for 155 feet, thence due South 44 feet, thence West Parallel with the North line of said Lot 20 for 155 feet, thence North along the West line of said Lot 20 for 44 feet to the Point of Beginning. Pagel of 2 219 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 1;4 9/8/21, 4:33 PM BK: 2479 PG: 2167 Landmark Web Official Records Search DATED THIS�2'�-aday of I e . 2011. Tel: (772) 794-7440 Florida Bar # 181352 Page 2of2 220 2.!4 Indian River County, a political subdivision the tat f loriQia B B —. S Z=N.—VITUNAC, ATTORNEY for Envial Control Officer The foregoing instrument was ' a me this J day of �Fe , 2011, by 5uzas^K2 1 uv+wc-wh ersonally known to an who id not lake an oath. otary Public State of Florida at large My Commission Expires: This instrument was prepared by: SUZANNE H. VITUNAC, ATTORNEY for Indian River County Environmental Control Officer �,nD07gq� 1900 - 27th Street, 2nd Floor 6gieeAupet25,20t2 Vero Beach, FL 32960 °�"'"'°►"+'�*� Tel: (772) 794-7440 Florida Bar # 181352 Page 2of2 220 2.!4 9/8/21, 4:33 PM BK: 2479 PG: 2168 Landmark Web Official Records Search INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL HEARING BOARD VERO BEACH, FLORIDA DEPARTMENT OF HEALTH - INDIAN RIVER COUNTY HEALTH DEPARTMENT AND INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL OFFICER Petitioners vs. GIFFORD GARDENS, LLC Respondent ORDER CASE NO. 482-10 This matter came up for hearing before the Indian River County Environmental Control Board on December 2, 2010, pursuant to a Notice of Non -Compliance filed on November 8, 2010, as well as on Petitioners' Motion to Amend filed November 18, 2010. Respondent GIFFORD GARDENS, LLC had been properly served with Notice of the Hearing. Respondent GIFFORD GARDENS, LLC was not represented at the hearing, and the entry of a default is appropriate under the Board's Bylaws. Petitioners' Motion to Amend is granted, and the Hearing Board, having heard testimony and argument, and being duly advised in the premises, HEREBY makes the following findings: A. At all times pertinent to this matter, Respondent owned and controlled property at 3061 44`h Rd., Vero Beach, Florida, which property is in Indian River County, Florida, and which property is legally described as follows: Lots 34 and 35 of LINCOLN PARK ESTATES SUBDIVISION, according to the Plat thereof as recorded in Plat Book 2, Page 88, of the Public Records of Indian River County, Florida. B. During a period beginning on or before October 13, 2010, and continuing to the present, the subject property has been the site of an abandoned and dilapidated home, which is in a state of extreme disrepair and is opened to the elements. The structure has created a harborage for rodents and has been entered and used by transient persons. There are large accumulations of garbage, trash and debris on the property. C. During a period beginning on or before October 13, 2010, and continuing to the present, there has been no water or sewerage service to the structure on the subject property. D. Due to conditions set out above, the property is creating and has created a sanitary nuisance injurious to public health, in violation of Chapter 386, Florida Statutes. E. The violations described above constitute Violations Resulting in a Public Health Threat. F. Proper Notice to Correct Violation was issued to Respondent for the above violations. G. Respondent failed to comply with the Notice to Correct Violation. It is therefore ORDERED as follows: 1. A civil penalty of One thousand five hundred dollars ($1,500.00) is hereby levied for the violations set out above. Such civil penalty is due and payable and shall be made by payment 221 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 3/4 9/8/21, 4:33 PM BK: 2479 PG: 2169 Landmark Web Official Records Search tE" k"; -"7- 1 �0. Z o f 2-) delivered to Environmental Health, Indian River County Health Department, 1900 27`h Street, 2"d Floor, Vero Beach, FL 32960, on or before December 21, 2010. Payment shall be made payable to Indian River County. 2. On or before December 18, 2010, Respondent Gifford Gardens, LLC shall remove all accumulations of garbage, trash, and debris from the property at 3061 44th Rd., Vero Beach, Florida, and properly board up the structure on the subject property and properly maintain same so as to make the structure inaccessible to humans or rodents. In the alternative, Respondent may on or before December 18, 2010, secure all required permits and complete either the demolition or adequate repair of the subject structure pursuant to and in accordance with those permits, and shall remove all accumulations of garbage, trash, and debris from the subject property. 3. An additional civil penalty of One Hundred Dollars ($100.00) per day shall be imposed for each day of any non-compliance with the requirements of Paragraphii, z 4. The Hearing Board retains jurisdiction in this cause to enter such further Orders as may be appropriate. 5. This matter may be set up for further hearing by either side, upon providing reasonable notice of hearing to the other parties. DONE AND ORDERED this gv of day of010. 5 Filed: � %�0 Chairman Secreta to ndian Riv r I Date County Environmental Control Hearing Board 222 4/4 9/8/21. 4:18 PM Landmark Web Official Records Search 2041466 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2393 PG: 1716, 01/14/2010 11:14 AM STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTICE OF LIEN FOR ENVIRONMENTAL FINE NOTICE is hereby given that the Indian River County Environmental Control Hearing Board has ordered payment by Gifford Gardens, LLC, of a civil penalty of One Thousand Dollars ($1,000.00). Pursuant to Chapter 85-427, Special Acts, Laws of Florida, this lien is hereby filed and recorded in the official records of the Office of the Clerk of the Circuit Court of Indian River County, Florida, in the amount of One Thousand Dollars ($1,000.00), which amount was imposed by the Indian River County Environmental Control Hearing Board Order entered in Case No. 470- 09 dated December 8, 2009, which is made a part hereof and incorporated herein as Exhibit "I". Indian River County, whose address is Indian River County, c/o Board of County Commissioners, Administration Building, 1801 27"' Street, Building A, Vero Beach, FL 32960, claims a lien on any and all property owned by Gifford Gardens, LLC including but not limited to the following: Lots 2, 3, 4, 5, 19, 32, 33, 34, and 35 of Lincoln Park Estates Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and The West 20 feet of the East 80 feet of Lot 1 of Lincoln Park Estates, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and The East 40 feet of Lot 1 of Lincoln Park Estates, according to the Plat thereof as recorded in Plat Book 2, Page(s) 88, of the Public Records of Indian River County, Florida, and From the Southwest corner of the Southeast % of Section 22, Township 32 South, Range 39 East, run east along the section line a distance of 418.95; then on a deflection angle to the left of 91028', run 980.23' to the Point of Beginning. Thence run North 54.98', thence on a deflection angle to the left of 102059' run 195.95', thence run South a distance of 43.00', thence run Northeasterly a distance of 193.60' to the Point of Beginning. Said land lying and being in Indian River County, Florida, and Lot 2, Block 1 of GIFFORD SCHOOL PARK EXTENSION, according to the Plat thereof as recorded in Plat Book 3, Page(s) 80, of the Public Records of Indian River County, Florida, and Lots 3 and 4, Block 8 of Spruce Park, according to the Plat thereof as recorded in Plat Book 1, Page(s) 80, of the Public Records of Indian River County, Florida, and Lot 6, Block 2 of UNIT 1 CARVER COLONY SUB'D, according to the Plat thereof as recorded in Plat Book 4, Page(s) 87, of the Public Records of Indian River County, Florida, and Beginning at the Northwest corner of Lot 20, CANNON SUBDIVISION, according to the plat filed in the office of the Clerk of the Circuit Court in and for Indian River County, Florida, in Plat Book 2, Page 77, go East along the North line of said Lot 20 for 155 feet, thence due South 44 feet, thence West Parallel with the North line of said Lot 20 for 155 feet, thence North along the West line of said Lot 20 for 44 feet to the Point of Beginning. Page 1 of 2 223 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 1/4 9/8/21, 4:18 PM BK: 2393 PG: 1717 Landmark Web Official Records Search DATED THIS ay 01 2010. ct n Indian River County, a political subdivision of the 'tatee of Florida BY: SUZANE-N. VITUNAC, ATTORNEY for Envir ental Control Officer The foregoing instrument was ackno ore me this `day of, ,Kuc , 2010, by who i ersonally known to me and who did not take an oat 'jUgA04'44 Ut�u vt C'-C— This instrument was prepared by: SUZANNE H. VITUNAC, ATTORNEY for Indian River County Ejivironmental Control Officer 1900 - 27th Street, 2 Floor Vero Beach, FL 32960 Tel: (772) 794-7440 Florida Bar # 181352 Notary Public State of Florida at large Myommpission Expires: 2-t-ee JULIANNE PRICE 'i bion DD 79474.6 °--T0 - F* 2012 hu'r'°'app�MsMe Page 2 of 2 224 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 2/4 9/8/21, 4:18 PM Landmark Web Official Records Search BK: 2393 PG: 1718 INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL HEARING BOARD VERO BEACH, FLORIDA DEPARTMENT OF HEALTH - INDIAN RIVER COUNTY HEALTH DEPARTMENT AND INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL OFFICER Petitioners vs. GIFFORD GARDENS, LLC Respondent ORDER CASE NO. 470-09 This matter came up for hearing before the Indian River County Environmental Control Board on December 3, 2009, pursuant to a Notice of Non -Compliance filed on November 2, 2009. Respondent GIFFORD GARDENS, LLC had been properly served with Notice of the Hearing on November 19, 2009. Respondent GIFFORD GARDENS, LLC was not represented at the hearing, and the entry of a default is appropriate under the Board's Bylaws. The Hearing Board, having heard testimony and argument, and being duly advised in the premises, HEREBY makes the following findings: I. At all times pertinent to this matter, Respondent owned and controlled property at 4465 3151 Avenue, Vero Beach, Florida, which property is in Indian River County, Florida, and which property is legally described as follows: Lot 4 of LINCOLN PARK ESTATES SUBDIVISION, according to the Plat thereof as recorded in Plat Book 2, Page 88, of the Public Records of Indian River County, Florida. IL During a period beginning on or before September 11, 2009, and continuing to the present, the structure on subject property has been occupied and used for residential rental or rooming house purposes. III. During a period beginning on or before September 11, 2009, and continuing to the present, the structure on the subject property has been in a state of severe disrepair and has been opened to the elements, creating a harborage for rodents. IV. During a period beginning on or before September 11, 2009, and continuing to the present, there has been no electricity to the structure on the subject property. V. Due to conditions set out above, the property is creating and has created a sanitary nuisance injurious to public health, in violation of Chapter 386, Florida Statutes. VI. The violations described above constitute Violations Resulting in a Public Health Threat. It is therefore ORDERED as follows: 1. A civil penalty of One thousand dollars ($1,000.00) is hereby levied for the violations set out above. Such civil penalty is due and payable and shall be made by payment delivered to Environmental Health, Indian River County Health Department, 1900 27 Street, 2"" Floor, Vero Beach, FL 32960, on or before December 21, 2009. Payment shall be made payable to Indian River County. 225 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 3/4 9/8/21, 4:18 PM BK: 2393 PG: 1719 Landmark Web Official Records Search tr—x, f "I n(P.Z 2. An additional suspended civil penalty of Five Thousand Dollars ($5,000.00) is imposed and is purgable, contingent upon compliance with all requirements of this Order. 3. On or before December 21, 2009, Respondent Gifford Gardens, LLC shall secure all required permits and complete either the demolition or adequate repair of the subject structure at 4465 31$' Avenue, Vero Beach, Florida, pursuant to and in accordance with those permits, and shall remove all accumulations of garbage, trash, and debris from the subject property. In the alternative, Respondents may on or before December 21, 2009, remove all accumulations of garbage, trash, and debris from the property and properly board up all structures on the subject property and properly maintain same so as to make the structures inaccessible to humans or rodents. 4. An additional civil penalty of One Hundred Dollars ($100.00) per day shall be imposed for each day of any non-compliance with the requirements of Paragraph 3 above. The Hearing Board retains jurisdiction in this cause. 6. This matter is continued and set for hearing on February 11, 2010, at 12:30 P.M. in the Indian River County Commission Chambers, 1801 -27th Street, Bldg A, Vero Beach, Florida, at which time it will be heard to determine whether or not Respondent is in compliance with this Order. DONE AND ORDERED this day of Q42'�, 2009. DEC 0 S 2009 Chairman Filed: Secretary to Indian River Date County Environmental Control Hearing Board Cnniec frnichPd tn- Selection=# 226 4/4 w#M A lob w N "mss lram&` ft -awe September 21, 2021 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of Coiinty Commissioners DATE: September 14, 2021 SUBJECT: Status of the District 4 County Commission Seat FROM: Peter D. O'Bryan, Vice Chairman Commissioner, District 4 Discussion Item: Status'of the District 4 County Commission Seat 229 Nk September 21, 2021 ITEM 14.13.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 15, 2021 SUBJECT: Request Board Discussion to try to Resolve Maintenance Issue of 821d Avenue between 20h Street and 69th Street FROM: Peter D. O'Bryan, Vice Chairman Commissioner, District 4 Discussion Item: 82nd Avenue between 26h Street and 690 Street is an unimproved, privately -owned right-of-way (ROW) owned by the Sebastian River Improvement District (SRI D), FKA Sebastian River Water Control District (SRWCD), FKA Sebastian River Drainage District (SRDD).i, 82nd Avenue was a dirt road until 2010 - 2012 when, at the request of some mine owners, the county agreed to provide millings in an effort to help stabilize, the, road, even though the county did not own the right-of-way. The county spent $90,000 for materials, absorbed the cost for installation of the material using County forces, and the mining companies contributed ($51,000) towards this project. Currently some of the landowners along 82nd Avenue, and other north county residents who utilize 82nd Avenue, have complained that the northern half of the roadway where the millings were applied has deteriorated greatly and needs repairs. The county again, despite not owning the ROW, has sent a proposed draft interlocal agreement to SRID (attachment #1) whereby the county will provide 30 loads of millings and SRID will be responsible for the application of the millings. A sticking point at this time .is the long-term maintenance of 82nd Avenue going forward. Public Works is of the opinion that without clear ownership and dedicated ROW, the county should not be in the position of maintaining privately owned roads. SRID is currently refusing to accept the long -term -maintenance responsibility. 230 Extending 82nd Avenue from 69th Street to CR 510 is the #5 ranked non -SIS project in the county's Transportation Improvement Plan (TIP) 2021/22-2025/26 (attachment #2). The Florida Department of Transportation (FDOT) has been actively acquiring ROW for the project. Paving 82nd Avenue from 26th Street to 69th Street is the county's #7 ranked non -SIS project. Linking a dirt/millings road to a newly built asphalt road does not make a lot of sense. The ideal solution would be for the county to acquire the needed ROW from 26th to 69th streets, and then pave the road to coincide with the construction of the new road north of 69th Street. In 2004 SRID, then SRWCD, recorded a document granting to the county legal access to SRWCD ROW for the purpose of maintaining the ROW's (attachment #3). While we may have permission to maintain the ROW, it is staff's position that it is still not appropriate to expend taxpayer dollars on maintaining a privately -owned road. RECOMMENDATION. In an effort to move the needle on the issue of the long-term maintenance, I recommend that staff draft a letter to SRID formally requesting that SRID dedicate to the county the lands needed to pave 82 Avenue between 26th and 69th Streets, thereby making this section of 82nd Avenue a public ROW and allowing public tax dollars to be spent on the paving and maintenance of this section. 231 Peter D. O'Bryan From: Sent: To: Subject: Attachments: From: Rich Szpyrka Dylan Reingold Friday, August 27, 2021 1:33 PM Jason Brown FW: 82nd Avenue Agreement SRID ILA 062921.pdf Sent: Tuesday, June 29, 202112:32 PM To: Dylan Reingold Subject: FW: 82nd Avenue Agreement FYI Richard B. Szpyrka, P.E. Public Works Director Indian River County 1801 27th Street Vero Beach, FI 32960 (772) 226-1234 Email: rszpvrka@ircaov.com From: Rich Szpyrka Sent: Tuesday, June 29, 202112:32 PM To: Tom Hammond <tomshammond711@email.com> Cc: Jason Brown <ibrown@irceov.com>; Michael Zito <mzito@irceov.com> Subject: 82nd Avenue Agreement Tom, Attached is a draft agreement between SRID and the County for the County provide millings to SRID as you discussed with Jason. The agreement also includes who is responsible for the cost to reconstruct the roadway and outlines each parties maintenance responsibilities going forward. Please let me know if you have any questions as Jason is out to town until next Tuesday. Regards, Richard B. Szpyrka, P.E. Public Works Director Indian River County 180127" Street Vero Beach, FI 32960 (772) 226-1234 Email: rszpvrka@iresov.com 232 Sebastian River Improvement District -:Indian River County 82". A -Venue JuiteOOMIAgreement This .Interlocal Agreement (t)e "Interlocal Agreement") is entoreti into ;this. day of 2021, (the".Effective Datil) between lMan`R Iyer County, a polit calst,i tvtsion of the State of Florida (the "County"), and the Sebastian .Riser improvement' District, a (the "District': Whereas, 82nd Avenue -is ;located within the District drainage right-of-way and is considered.a maintenance roadwayby the District; and Whereas, Distriet'has previously°:executed and/or recorded several documents, including an :easement, dated June 10 and aesoluhoit dated March 3,,20.04, through which the District attempted to unilaterally pass on :t)te maintenance responsabil ty f82°d Avenue to C dunty; and Whereas, there is no evidence of the County :ever accepting such maintenance responsbility and Whereas, County has received comolaints ,concerning; 82nd Avenue travelsurface conditions; -and Whereas, County is willing to assist Districtand .those wba utilize $2"d Menue by providing asphalt millings to District for Distnet to 4se to reconstruct the travel suiface of 82°d Avenue; and Whereas, County and District agree that District will maintain the travel surface of 82" Avenue from 26" Street to 691h Street, while the County is. willing to assist the District by mowing the, Abuldefs of the roadway on a periodic.basis'and maintaining the traf o roadway -signage, NOW, THEREFORE, in +consideration. of the_ -foregoing and the iur<tual ,tenets, undertakings and covenants contained herein, and other gogd and valuable consideration, the -receipt and sufficiency of which ate hereby aclenawledgcd,'ihe parties agree as follows; Section 1. Adoption of "Whereas"Clauses. The foregoing "Whereas" clauses are true and correct and are incorporated herein. Section 2. AsphaltMillingA. Milling'County will deliver to the'i?econstivctonproject at :a;'taautuaUy agreeable time and;location up to 30 loads (16=cy etic'h load) of asphalt miiluigs material for the use by the District in the one-time, reconstruction of 82h' Avenue. Section 3. 82fld Avenue Reconstruction and M&ienWce.District, at its cost,: will be responsible :for reconstructing 82nd Avenue :from the entrance of the Blue Goose Mine to 69th Street. Such reconstruction shall be completed by August 20, 202.1, ;District will be responsible for maintaining the travel surface of 82°d Avenue from 26d' Street to 69'h Street. n_ Section 4. ;Mowing Shoulders of and �tauit in'ng Tmafilt S unaae on On" Avenue So longas District completes the pl reconstruction of $2°� Avenue, :by Au,ust 2Q,. 202 f and "continues; to maintain the travel surface of 821d AvenueXoukvwill be'responsible for mowing theshouldets 233 Of 82°d Avenue on a periodic basis aril `for ,mantaiufi g the traffic roadway signage necessary for the operation of $2'w Avenue in the same manner as four as way. Section S. Solely to the extent perMitted bylaw, and m no •event greater than the limits set forth in Florida Statutes, Section. 76$.2$ if the District is a a -agency of subdivision tinder .Florida Statutes, Section 7.6$.2$, the.D►istnct.agrees w "fultydefend, nderiin fy, protect.and hold harmless the County, its agents, officials and employees from any actions, claims or dermands which anyone (individual or corporation) may hereafter bring oY assert on; account;of any damages or claims of any type whatsoever which may arise from this Agreement including, but not limited to, claims for ;contribution, indemnification, subrogation or for pro rata share of responsibility pursuant to the Tort Reform and Insurance Act of 19$6 and subsequent amendments including'all attorneys' fees,; interest, and costs of any kind (not.fiunited to "taxable costs} associated with said lawsuits or claims and expressly agrees to pay all costs and attorneys' fees incurred in defending said lawsuits or claims and any resulting awards or judgments• in full arising out of said lawsuits or claims,, including interest thereon. Section 6. Except as otherwise expressly provided herein, this Agreement is solely for the. benefit of the named parties, and no enforceabltR right or cause of action shall acoue,hereunder'to ornfor the benefit of,any entity or ndividualnota anted _party Section 7. Any notice required hereunder slid]! be in writing and shall be. delivered .by personal delivery, courier, express or overnight mail, or certified mail, retuin receipt requested, addressed to ;the a ro nate as follows: l P PAY below. If to County: Public Wo*s Director Indiani�ver County '18612)Ok Street Vero Beach, Florida 32960 lfto District; IN WITNESS THEREOF, the parties have set their hands and seals the date Centered 234 u� ai t►. b ' t' "Ch c o tic . E a, c c N J ;►�.+ '�' 3a„ 1A" to .� a vi � � Dlon .c 1U � ate.. c g. 3 c 0He�,�y CL c CL o :a °v 41 c g° " a > IV .� a 'a .a a u .� �''a .ora �o a, aa+o .�°o t° o o 4 a � a a a" '' a �' ate46► oma,12 o W An A, c ar40 �o N CL Gl V- > CL m p �- Iff CL 3` IV Q p, CL W !q Q IA C: [� o O. N a is t 'a th. a L. W4 SE , M N v1 O , M N o M N . . � r coMa 9�'d #iq t � fitA y h o M N lu SMASTIATI RIVER1RADIAOX DISTRICT TO nmw RIVER CMTY GIVE., GRA111T AND CONM WOO MM SAID GRAWM . USDIM liated.-46ne 19, ;1.43 Piled: JulyB mho Deed Book.- 36P W� 232 iridian' River COWMyj ;)Records. I An easement upon and over the Rest 50 -feet of the rigbt, -of iay)of thut.:00rti0h of 100ria C. Curial of PA'.00stiam RimerDralhoM Ust * rict extending from the South 1xxinduty liras of Sections 11and 2 in Township V South, Range A East Inidi-lain 'River C Y., AoAaa,-, the said lateral. C canal being shovm %44vi the Plan of Reclamation of ftbastian River Drainage District filed 1n the, office of the Clerk of theCircuit Cauft of Indian River Cointyj Florida. 2he card itions ,and ,pqr,es of the Easement hereivOi granted being that the. -propOrty upon and overv&ich said Easement IS bdrowith granted steal] *be'used and maintained by Grantee soil-,Oy as 1i publie highway :and Oirjity road, The Grantee shall uce and maintain Raid right of ray in a manner $&icb shall not be d6tritiental to the use of sii141ater&l Cibal for drainagee, d , �Qi *tpoa t ii4 -h dh shvll ,not interfere with the Purposes of said. Distrifat or vith the, cje.&4jVS. tiha * uhtpnarc,F-, of said canal by said District, All ril#.ts acquired bythO Ore0tee or by the ,in sod -d.4 rightI of M_ tiMy 7iy tile iiedntenance - &Ad use thereof shall be conditiono d urn err d stibjeet to- the provisions of this Easement and this Baswrent shall be' to tersanel-lon by the Gr4nt*or upon twelve mOnths notice ;Ln vjiting 'to the OrIxt (e -in 'rho � 44t at the t e e th AV that ri6i,t oT VV horevith. granted shcUbectbo 6090;Sary Tor .6 PNuse 'byGr n ahtor i L provid ng drainage in Said drainage di, ct, and, carrying out tha,pruppOPS •Of said dis ,tric".0 Signed:', SEWIPWI PORR DRAINAGE DISTRICT By.- its president j. 14. Barnes and its secretary tary J. A. :Hums. Corporate*seal: Acknowledged in Lidian River Cwmtyo Florida on June 19., 1943, by Sebastian River Drainage- Distz--'ct by its president and Secretary J. M. jamas and J. JA. Maim - before a rotary s nbUc --rith seal whose 0oftissior. expires Lci�;tembet 0) .106. N 237 i'rcp,rn f by, Record & Returei to SAMVTL.A, 131.:4CK, FS taslxe TNrS oCtl14t£>aT HAS SEEN RECORpt:Q 3339 Gardena) i)r., Stritd.-2t1Q tN THE PU8Li6 REt`URDS of Vera tfirxch, t'1. 3z9G3 INDIAN RIVER COUNTY FL BKS 4T: pG,�7, P8041 014 00.0' AiM, 'Pit, 41 SASTIN U'WAT FMOII it V : Jif )t t�A1�TQN 1:I.ERK OF A RESOLUTIONAELATING TQ I,EGAL;A0QESS TO PRiViN T,UNpp OVER SEBASTIAN RIVER WATER :CONTROL DICS7 CT "DISTPICrI I IQ9TS-O11LWAY WHERRAS, the Boardof. Supervisors of the 9EBASTIASY RIVER.WA,'RR CONTROL ws.J.Ricr (the "DistricO recites the' win facts and determinations based thereon I The District"was created and organized in January.6,1927(Chartcery Order Book 2, pRgr 46 t, Public Record Indian .River bounty); arneoded to reduoe. boundaries to purrent boundary 101iis (Chancery Order Book 9, page 371, dated October 24, 1939)( order approving (opurt cif Commissioners, dated August 8, 1946). The Distract continues in existence pursuard to the Genera) I3ra nage Laws of Florida, Cllapter`Z98, `Florida 5ttitutrss its primary bounileries it, a .sig►iificant land mass within Indian River County, Florida ("the "County"'} ,;and:iis vrarics comprehend many miles of rights -of -wad► cotnpoodd ofOccavati~d canals'and adjoining maintenance berms, some of which tic adjacent t« dedicated public roads, :physieally:separatng sueh roads from the private lands they soave. 2 'n it District W0,404 is, organized as a quasr-public, special benefit taxing tlistt?ct frJ) tint singular purpose of providing drainage, to lands vdibin the District ;boundaries; it is not rogiure l by Is w to construct or maintain within its rights of w4y a system of roads: end re{ated taoility inc)uditt$ bridges orculvert:crossings, for the purpoas of providing access to tlte`lattds :itiiithin S"t§ boundaries, but it may permit iandowners and Coi my to do 00 under circuntstartces asetrtring nts prejudice will result to the District in meeting its singular purpose'throu$h full t►,t itz8tipn Arid mrtintononce of its right-of-way assets.and related fa-dilities• 7 Jn keeping with policy consistently applied by,the Districtsince its creotion with favors 11011-ct,ntlicling utilization of rteceasary'Pott I jonsbMs right"f-WAy by affected" 40cWW*s anti, whereof general .benefit, the public acting by and through the.`County, the District has otendua over the years; permission to landowners and County for the maiatenanceof roads and :bridge oriel culvert crossings over and Upon porEions of its np�Etis-tIf nty_in order to prctvide;publ ;nncl_' liriv"atc acccis to lands i0hin the District: This permission, whure express, have:.been both I evocable and irrevocable in form;, (nfrequently, -loge! easements,have been granted by fte 17sstl 10, to thc'County, Utility Companies and others over portions of rights -of -gray 4 Pursuant to permits, both formal and infonnal,: roads have been. improved and'.maintained: over the years Arithin'or upon District rights of Way »t bath public, and private ea-.ppnse . ikewis , brid&i and -culverts have been installed and maintained providingcrossing access to:lands separated by canal excavations front publiciydedicated roads or from so -tailed "berrn"r ads 5 t:?ver the!shat years, ,s lniJicant de vetopt?tent and urbautiiatiun u1'larldtc within opaladj;tccnt to �hc boundaries of the LlistAm has occurred and 8rc projected to continuo into tete tttture 1)ver the -same period,land valuee wit)tin sunt adjacent ta. the District's trourtdarics` have inUt asW s+ voi aI 'fold Aoth o'fthese;phenontena have resulted in tl,e application to t)tonr'ct tttttds ?1111.-1:, 238 stringent standards`of revievu by land vtle;examiners and title inssarance wndt+iwr}ters many unfamiliar with local physical .and historic, conditions, which,ttandards relate to 1h6 cdt pt cif Avail tbiltty Qflegai access to larfds as a nacessaty;incidertt to the.marketabifityvftheir Cities With an iricrcasitia degaree.of fro: eney, the.titles to tancls within and adjact:nt to the.l jsfirici;'s .boundaries are being found to have a greater potential lo be-unmarketible and rejected for sale lir, as.rtortgage;sectirity because they. are setve� by roads and/or culvert or bridge c�'gssi3tgs over or upon District rights -of -.way for which there is no evidence appearing among'ft public t owds at" (tic, County granting irrevocable pernsission far the'continycd mt►in>enance and use of such.. facilities ,providing access. This condition has been further aggravated bythe State of Florida„ Deiiarttnent drInsurance that has amended Florida Administrative Regulation 4T 1 06-3,,:effective hine '.15, 19.86, requiring all Florida land titles to be insured.as "tharketible", as oppost;d. to the lesser ;standard of insurance: formerly prevailing of "insurable 6 The District has also;benefitted from the development .and enhancements to &,Basin Model as init ally,devetoped by the-St.Johns Livor Water Management i)istrict. the*ern i+rtodel .provides.the Eiistrict, with decision-making criteria to better asses's and deternttne,the. pv44,40 District water management needs from a.water quality; water quaittlty and llood'corterol position. The, basin, model complements the District's permit process ti rWgh`tha posential tricluSion of provisions and stipulat>ons to permit cequirerttents, gavernlQg 4,cuvities witivtt die District's jurisdiction. The Basin Model also provides guidance,plAnnitxg;and rir�eds analysts xs to; any applicable modifications, relative to the works nfthe District( 16 includebut tint #b lrnttorl: 1p the Laterals;: Sub -Laterals; 'bights -of -Way) With the goal to best serve the- geeds ol"the pistrict which shall remain paramount at all Times 77he District, acting by and through its duly elected and authbrized'Super'v sofs,,hos determined that publicgood would be se"rve�d by sproading.upon the public rceQrds of bounty tills Resclution granting, affirming and confiradag, retroactively and itrevocsbly, peau` fell` the doriftnued use aiid maintenance oFroads and tither access 11scilit es, including. bridge and vulvert> cross"ingt, located within District debts -of -way, sn_t+jro, h6weye�, `tti the paretrres�.irir rtghr t+t I)p trict as hereinafter delineated and described. NUW,'!` BEFORE, BE n' 199OLVEDby t teSoard :ofSupervisorsvfthe SEBASTIAN RIVER WATER CONTROL DISTRICT, tit: its regular meeting as fcgov%s.. A 1RREVOCABLL. GRANT: District hereby gives, grants, affirms or confums;.as:may be most appropriate, to County or to;clad and benefitted owners oflarrds uvi. 'in District. boundaries, and as an appurtenance to such toads, an irrevocable permit (sit bject "ta trht limltrttioRs ho Onatler set :forth), .for the continues use and maintenance of installed facilities,; whether road$ or canal crossings (bridge or culvert), providing convenient ingress and egress, both pt leStitan ap vehicular, to such lands, c.h facilities are, or have been, heretofore located within .or upon District rights-of-way with the knowledge of'Distrit t as evidenced by express perm"Its of ,as miry hr irterred from the continuous existence and use of such facilities, or any of them; for a penod cif seven years preceding the date of this Resolution -2 239 B,. ABANDONIWI T, ETC., alhrrnation of permlt evldenced by`ti or substantially damaged facility, prg repiatcemenpermit in recordable:ton facility allowing its replacement Orn ata now location as desiV ated.by D, benefitted Iands, and provided, furthi plans and specificet ons approved by or however, that District agrees Irrevocablytd:isvie a apse served by>any Oestroyed or�substaritia]fy damaged. on, at no expense to District, at the sao,.iocation :or prov%ded *h mew fitr Ata tiltetstility to tt e the restoration 3w be accoriaplish . purstaant to ,t as :oyidenced by its recordable pertih C. LWITATIONS UPON Mit.EVOCABLR'GRANT. 'The grant by.District embodied in, Item A Above shall be limited by, and subject to, the following: (1) The prirrmary and paramount right "ofDistr ct to conduct its oporations.and maintenance related to surfaee water nu mage;w4 _wltiun and upon its righfs=of-waylto include the depositing thereon of sp4i1 materiald athier dobris excavlstoO Som-S�ansls as a part. Of routine nratnteasiice within rights-of-way. The paramount right to deposit ntaterial.and debt supan rights•otway likewise extends to those rights-of-way upon, or. vdthiit, which there Is .a mairtta r ed by`Eaunry`or by affected owners a roadway, in the event tail cleauirig is calculated to result i» tensporary. interruptian;'or destructioa of roa4 utiRtlr; DisU3ct will endeavor'to give Adxo , nonce' +pf its maintenanmschedule to those maintaining and/or using such roads to permit them,. at thele expense, to have equipment and contractus iditgrtdiatcly available to restore the Foal-toits former utility following canal cleaning: (2) The District reserves the right to direct replacement of crossing facilities -and to establish and spccitj+,criteriafor suc11 roplacement or for malntenince of roads Or. crossing facilhica.in order to prevent the same from -interfering with`the surface"water management responsibilities of District or from impairing the hydraulic artd hydrologic capadty, foxiat as or planned canal excavations, Failure ofrcquired replacement or riiaintet of tfeciiity may retlt in suspension or cariceUation of the permit eylde ced by:i*AAsolution for such facility, such, .rlght of suspensionvor cancellation being expressly reserved tO District hereby; (3) The :rights reserved to District by :this Item'C, sub -Outs (1))M, (4WY-C. 4,re sptely for the protection of District in ;ftrlgling its singcatar ptt[pose.as herein described, atid, in ar}y`exercast thereof,, no responsibility is ashumed by District for the functional otility;':aeet) of soundness of` any'permitted facility. D. APPUCA11ON. The grants or of nSrrhat ojns of pOMdts `evidenced by this Resolution AM! have no prospective applicadom Al access facilities, whether roads canal OrossirA-s, or other, hereafter to be constructed or ioc_eted upon District; rights-of-way must be approved by District and-vonstructed to its approved plans and spe ficAdons, all as *Wi ,be Otore fully evidenced by an irrevocable permit in recordable form, executed in the name ofDistrict by :the President of its Boardoi'Supervisors or by its designated A.dminfster. The_forrri cf permit shall delineate and describe the parcel or parcels :of land within District boundaries< a3- 240 ItuCi {1e tl ec; Ise benefnett or; served;by tbe'facrll r ±td o which such cil ty shall' be deemed:. ;appurtenant The irrevocable Permit shall be-InTornlihil oontcht establis. d lx Wron time:. tt2 tit}14 This Resotution acrd the permits granted and confirmed hereby pertain ex .04'ety to fat:illC►es pitividing access to,lands and are tntended to support 1644s in appropriate cases that legal access as pffarded lands within, or adjacent to; Disttict.boundarite - Tile bot tt �e Of;-ihall om be dccmed to en' d, to any facilit esJntendeti solely for water control, :transpon ;or use G 0LEASE, MENMY AND HOLD HARMLESS, Acceptance of 000efits accorded ti} tfie peanuts granted or confirmed hereby, which acceptance shall be evidetrced.l y- the 4ontiKu_ed use. of the subject facilities providing access to lands by Cbunty be 0Y pnMe Owttcra; t 'etr.uuests 61 inviiees, shall a 'tdence the agreement County (subject, however,, to thc.limi`iittio.fis.up6A the, waiverof sovereign tmmunity in tort actions pfovideilion by Sectyd$ $, lbeida ltatut+ yZ20t13j ur by' tuclvdwners; as their i ttetrests may appear, that,D*4ct is released by them; or shat thry V0W. indemnify and bold harmless District from, arty -A 0 all claims related.Io sttch.t'anitittes r.their clsC for pe4rsonal itlJury or property damage, includiixg cost of litigation; coi,ttsel re4sa tendtl?tt tlzoregn. and damage to facilities caused by�Districtas-a result of 'its. parwr4w it matrxiett"' e'r.> 1CI FYIrICS., 1' rITECTI VE L ATE This Resolution, .arid tie benefits granted. or confirmed by sartir. shall Jaye retroactive application from Moral 3 , 2004 !',i1SSEsU AND lliJI.Y ADOPTED this Mrd day of )tarch` _, I.W04 S1;RAS11AAEli YERH1,47ERCONt;04M4t"ft"y" hatrntan, oard of S,ttperviscus Secretory_— rip ywoviced as to Flan I'Ilstrict Gounsei 241 A.,�.z. 912-1lzl Terri Collins -Lister From: Dylan Reingold <dreingold@ircgov.com> Sent: Friday, September 24, 2021 3:23 PM To: Terri Collins -Lister Subject: FW: [External] 82nd Avenue Between 26th and 69th Streets Attachments: doc09652820210924151511.pdf Terri, This was sent per the Board's direction under 14.B.2. at the September 21s' Board meeting. Dylan From: Dylan Reingold Sent: Friday, September 24, 20213:21 PM To: 'sextonart@aol.com'<sextonart@aol.com> Cc: 'tomshammond711@gmail.com' <tomshammond711@gmail.com>; 'jbass@gravesbrotherscompany.com' <jbass@gravesbrotherscompany.com>; 'twodraska@sdsinc.org' <twodraska@sdsinc.org>; Joseph E. Flescher <jflescher@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com>; Susan Adams <sadams@ircgov.com>; Joe Earman <jearman@ircgov.com>; Laura Moss <Imoss@ircgov.com>; Jason Brown <jbrown@ircgov.com>; Rich Szpyrka <rszpyrka @ ircgov.com> Subject: 82nd Avenue Between 26th and 69th Streets Chairman Sexton, Please find attached correspondence, dated September 24, 2021, from Chairman Flescher concerning the above - referenced matter. Thank you for your consideration of this matter. Dylan --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- BOARD OF COUNTYCOAMSSIONERS 2- q12i-21 Joseprh E Mescher E". SMMAdams l strTrrt 1 Chairman District 2 Joseph H. Earman Peter O'Bryan D t3 Vice Chairman Laura Moss District 4' District S September 24, M 1 Scan. Sexton, Chairman Board of Supervisors Sebastian River Improvement District clo Special District Services, Inc. 2501A Burns Rd Palin Beach Gardens, FI, 33414 RE: 82nd Avenue between 26th and 69th Streets, Indian Diver County Dear Mr. Sexton,. As you are aware, 82nd Avenue between 26th Street and timet Street in Indian River Off► is an unimproved, Sebastian River Drainage District Canal right-of-way owned by the Sebastian River ImMvement Distiet (District). Some of the landowners along 82nd Avenue have recently complained that &portion of the.District maintenance roadway has deteriorated greatly and needs repairs. On September 21,- 112.1, ting Indian River County Board of County Commissioners voted unanimously to offer to provide millings to_.the-District for a rehabilitation project and to maintain the segment of roadway from 26th Street to ft9th-Street if the District were to dedicate the right -of --way to the County. As a County public right-of-way, the Coady would be its a position to use public tax dollars on paving and maintaining this section of 82nd :Avenue. In the alternative, if the District is not willing to dedicift the right-of-way to the County, the County would be willing to provide 30 loads of millings to the Dish to be used on the portion of the mairaenance roadway from the Blue Goose Mine entrance to 69th Street by the District in repairing the road. The District would thus be able to maintain ownership of the right-of-way, but also retain responsibility for the ongoing maintenance of the right-of-way. If this is the preferred option, I would respectfully request that the District approve the attached agreement. We hope that one of themes alternatives will be acceptable to the District and the rri bt-of=vary will be properly maintained by whomever owns the right-of-way for the b+euerment of those landowners who utilize. this right of -way. Sincerely, oseph E. Flescher, Chairman Indian River County Board of County Commissioners Enclosure: 'Sebastian River Improvement District —Indian River County 82°4 Avenue Interlocal Agreement 180127" Street, Builr#Ing A Vertu Beach, FL 32960 (772)M- 406 i4- -2, IA,�,z 141�q Sebastian River linprovernent District - Indian River County 820d Avenue Interlocal Agreement This Interloal Agreement (the "Interlocal Agreement") is entered into $k _ day of ,2021j, (the "`Effeptivo Date') betweeo Indian River Cbuoty, 4 political subdivisioa.oftbe State of Florida. (the 'Tounty'-� and the Sebastian River Improvement District, a {the -Distrldt-). Whereas, OV Avenue is located within the DiOict drainage rigbi-of-way mid is considered a maintenance roadway"by the DistriM and Whereas, District haspreviously executed andtor recorded several documorga, including an easement. dated Jame 19,190, toid a resolution dated March 3, 2004, through whkh*o Diaict attempted to unilaterally pass on the maintenance responsibility of 82"d Avenue to Cowty, and Whereas, there is no evidence of the bounty ever accepting such maintenance responsibility,• and Whereas, County has received corqftnts concerning 921 Ave mie travel wa*ce oonditiorm, and Mereas, CQuntyis willing to assist Distdct and those who utifte SZ!4 AVmUe by providing asphalt millings, to Distriet for District to use to reconstruct the traval surbeo Of 820& - Avenue; and Whereas, County and Distnot agree that District will maintain the travel surface of '8,24d Avenue from ,20etre ct- to W Stroel, while the County is, wilting to assist thaDistriaby mewing the shouldem� of the road way -on a periodicbasis and maintaining the traffie roadway:signage, NOW, THJEPEFOU., in whsideration of the foregoing and tlit mutual. benefits undertakinp .and covenants opts ed 'here lo, and other good and valuable cop"rati6ij, �e receipt and sufficienq ofwbioh are hereby acknowledged, the parties agree as tollowo'. Se�a L.Adoption Gf !�N�Yhr, a�e'flauses, The foregoing "Whereas" -clauses are true and COMPAJO'A acre incorporated bor-ain. $eWOO.2, AXN'tjft hOLnA. Cbunty*Ul deliver to the reconstmctjqnTtrT4rXMUW* r6j tO'V load$ 04�0y.:Odh load) of asphalt mitlings.".4tt" Obdr, the use by thvDlu, mi, in She ona-iimtcit Tent of A201 Averme. S=tlan 3. -82flO Avenue P,,ee gnstmetion and Maintenance. Disttict,.,at its 0,6 at will be retponsible ft,rewnstruPtijq& 92"d'Avenue ftem, the entrance of the Blue Goose Mine to 69ib Street. Sudh-rtoonOmofion shall be complete 6y August 20, 2021. WsWet W ' 'I] be responsible hle:travel surfido of 82-D4 Avenue ftm ZO- Street to 69* 6%1* Sto.tion. 4. W.wing'Shb4ders bfigid Mabtajiging traffib von*gp ga 8rf Avenue. 'so- = aof$ 20 Ayotie. by Augt4st 220 0,21 and. Ontli . tiiib a. to znaintliiiZ-.tlxe trawl -surface oral"" Monti-, Count X W*q . y Wit) bkq,%pOnsihl,-_.fori 1�b.2 9�2,( 1zl of 821 Avenue on a pexiodie basis and for ruintaining the tt frc Madway signage nece6sory fer the,operation of 82nd Avenue in the satne manner as for other similarly situated County 6&9-pf- way. Section S. Solely to the extent pre med by low, -and in no event greater than the l wits set forth in Florida Statutes, Section 768.28 N:ft Vistrict is an agency of sttl v oh uOdOrIl�rda Statutes, Section 768.28, the District agrees to,y defend, .itd.emify, protect and hold harmless the Cotmty, its Agents, off icials and employees €ni m any actior`ts, claims or demands which anyone (individual or corporation) may hereafter bring or assert on account of any damages or clams of any type whatsoever which may arise from this Agreement including, but -not limited to claims for .contribution, indemnification, subrogation or for pro rata share of responsibility pursuant to the Tort Reform and Insurance Act of 1986 and subsequent amendments including all attorneys' fees, interest, and costs of any kind (riot limited to taxable costs) associatcd with, said lawsuits: or claims and expressly agrees to pay all casts and attorneys' fees incurred in Jefendingsaid lawsuits or claians and any resulting awards or judgments: in fWl arising out of sed ltt ata or claims, including Merest thereon. Section 6. Except as otherwise expressly provided herein, this Agreement is solely fray tl benefit of the named parties, and no enibroeable right or cause of oct%on shall ,acme hereunder to or for the benefit of any entity or individual not a named party, horeto. Section 7. Any notice rewired .hereunder shall be In writh g and vW1 be delivered by personal delivery, courier, express or overnight mail, or rifled mail, MM. r it t requested,. addressed to the appropriate. -party as follows: it to County-. PubAO Waft Director lndios J ,fiver. Count 1901270 Street. Vero Beach,. Florida -3ia if to Districr IN WITNESS 'TH EREOF, the parties have M. their hands and seats the date entered roreq SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: September 13, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Subject: Change Order No. 2, Release of Retainage and Final Pay to SCS Field Services for Landfill Segment 3 Cell 1 Landfill Gas System Expansion Project (Bid #2021006) Descriptions and Conditions: On February 9, 2021, the Indian River County (IRC) Solid Waste Disposal District (SWDD) awarded Bid #2021006 for the construction of the Landfill Segment 3 Cell 1 Landfill Gas System Expansion to Sterns, Conrad, and Schmidt Consulting Engineers, Inc. dba SCS Field Services. The grand total bid award for the project was for $1,068,510.00, which included $96,810.00 in bid contingency and bid alternative. SWDD utilized CDM Smith to provide the initial Phase 1 design, permitting, and bidding assistance for this project in accordance with the approved Work Order No. 2 dated May 19, 2020, in the amount of $199,810. The Phase 2 construction services was also authorized by the SWDD Board on February 9, 2021, to CDM Smith as Amendment No. 1 to Work Order No. 2 in the amount of $139,190, for total engineering costs of $339,000. With the pending approval of Amendment No. 2 to Work Order No. 2 in the amount of $8,500, the total engineering cost for the project will be $347,500. On June 15, 2021, the SWDD Board approved Change Order No. 1 to SCS Field Services in the amount of $48,599 based on recommendation from CDM Smith. This increased the total construction project cost to $1,117,109.00. On August 5, 2021, SCS Field Services achieved Substantial Completion on the project and Final Completion is scheduled for September 15, 2021. CDM Smith has reviewed and recommends for approval Change Order No. 2, release of the remaining retainage and a recommendation for final payment to SCS Field Services for completion of the project. Analysis: CDM Smith has reviewed and recommends approval of Change Order No. 2 for $6,388, which is a final reconciliation change order, accounting for actual materials installed in the project. The actual Substantial Completion Date was August 5, 2021, which was 41 days under the due date, and the Final Completion Date is set for on September 15, 2021, which is 30 days under the due date. 242 SWDD Agenda - CO No. 2 Release Retainage and Final Pay for Segment 3 Cell 1 LFG Expansion Project (Bid No. 2021006) Page 1 of 2 SWDD Item CDM Smith has received all of the required contractual documents and recommends to release the final retainage and issue final payment to SCS Field Services for $63,740.00. Overall, the expansion of the Landfill Gas system into Segment 3 Cell 1 is already starting to show an increase in the recovery of landfill gas. Prior to the construction, the system was recovering 300 to 500 standard cubic feet per minute (scfm). Now we are close to 700 scfm. With the efforts underway for the removal of the leachate off-site, staff is optimistic that these numbers will continue to increase. Please note, besides the expansion of the wellfield, the reliability of continuous landfill gas production is also contingent on the continuous operations of the blower system, the control/instrumentation system, and the flare. Based on a recent evaluation, staff will be returning to the SWDD Board at a future meeting to seek approval to replace these items. Funding: The Segment 3 Cell 1 Landfill Gas Expansion project is considered a "closure activity" and, as such, is funded from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements. Total Base Bid — SCS Field Services $ 968,100.00 Construction Contingency (10%) $ 96,810.00 Bid Alternative $ 3,600.00 Total Construction Costs $1,068,510.00 Net Change Order No. 1 $ 48,599.00 Net Change Order No. 2 $ 6,388.00 Total Construction Costs $1,123,497.00 In the current Fiscal Year (FY) 2020/21, we have budgeted $2,500,000 for the Segment 3 Cell 1 Landfill Gas Expansion project. The work associated with Change Order No. 2, release of retainage and final payment of $63,740.00 results in a total project cost of $1,123,497.00, which is under budget. DESCRIPTION ACCOUNT I AMOUNT Accrued Closure — I, II & Infill 411-239006 (Escrow) 1 $63,740.00 Recommendation: Staff recommends that its Board approve the following: a) Approve Change Order No. 2 to Bid No. 2021006 to Sterns, Conrad, and Schmidt Consulting Engineers, Inc. dba SCS Field Services, of Reston, Virginia, for the Segment 3 Cell 1 Landfill Gas System Expansion project in the amount of $6,388.00. b) Authorize the Chairman to execute the same. c) Approve the release of retainage and final payment of $63,740.00 to SCS Field Services. Attachments: 1. CDM Smith recommendation letter for Final Pay and Change Order No 2. Change Order No. 2 from SCS Field Services 3. Final Pay Application (on file in the Department of Utility Services) 243 SWDD Agenda - CO No. 2 Release Retainage and Final Pay for Segment 3 Cell 1 LFG Expansion Project (Bid No. 2021006) Page 2 of 2 CDM- Sith 1701 Highway A 1 A Suite 301 Vero Beach, Florida 32963 tel: 772 2314301 fax: 772 2314332 September 13, 2021 Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District 1325 74th Ave SW Vero Beach, FL 32968 Subject: Indian River County Solid Waste Disposal District Segment 3 Cell lLandfill Gas System Expansion IRC Contract No.: 2021006 Final Reconciliation Change Order No. 2 Application for Payment No. 5 - Final Pay Application Dear Mr. Mehta: Transmitted herewith are two copies of the Final Application for Payment No. 5 submitted by SCS Field Services for the period ending August 31, 2021. We have reviewed the Contractor's Final Change order which reconciles the quantities of installed materials for the project and some additional work performed by the contractor. These amounts were confirmed in the final as -built survey and adjusted accordingly. We recommend approval of Change Order No. 2 in the amount of $6,388.00 which brings the contract total to $1,123,498.00. The contractor has achieved final completion with some minor warranty items to be completed this week. We will verify the warranty items when completed. We therefore recommend the release of the retainage and payment of the final application as summarized below. Original Contract Amount $971,700.00 Change Order No.1 $145,409.00 Change Order No. 2 $ 6,388.00 Contingency $ -96.810.00 Original Contract Plus Change Orders minus Contingency $1,123,497.00 Total Earned to Date $1,123,497.00 Less Retainage (0% - Final Pay Application) $0.00 Total Due to Date (Earned - Retainage) $1,123,497.00 Previous Applications $1,059,757.00 Total Due Application No. 5 $63,740.00 244 WATER + ENVIRONMENT +TRANSPORTATION+ ENERGY + FACILITIES CDM - Smith Mr. Himanshu Mehta, P.E. September 13, 2021 Page 2 CDM Smith has reviewed these applications and attachments and recommends final payment to the Contractor in accordance with the Contract requirements. We trust the enclosed is sufficient for your review, however, if you need additional information or clarification, please do not hesitate to contact our office. Sincerely, Jrtin J. Le �'� 's, P.E., BCEE, PMP Project Manager CDM Smith Inc. MJL/jj Attachment File: PW PLI 6706-250111.05.04.20 cc: Ron Jones, SWDD Eric Grotke, CDM Smith Kevin Vann, CDM Smith „Ius i> © 2020 CDM Smith All Rights Reserved CHANGE ORDER 6706-250111 November 2020 No. 2 PROJECT Segment 3 Cell 1 Landfill Gas System Expansion -IRC BID NO. 2021006 DATE OF ISSUANCE September 10, 2021 EFFECTIVE DATE September 21, 2021 OWNER Indian River County Solid Waste Disposal District (Indian River County Board of County Commissioners) OWNER'S Contract No. 2021006 CDM Smith Project No. 6706- 250111 CONTRACTOR SCS Field Services, Inc. ENGINEER CDM Smith Inc. You are directed to make the following changes in the Contract Documents: Description: Final Reconcilliation Change order accounting for actual materials installed in the project. Reason for change order: Requested by owner. Attachments: List documents su ortin chap e CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times $ 1,068,510 Substantial Completion: September 15, 2021 Ready for final payment: October 15, 2021 0 Days or dates Net changes from previous Change Orders Net change from previous Change Orders No.1 to No. 1 No.1 to No. 1 $ 48,599 days Contract Price prior to this Change Order Contract Time prior to this Change Order $ 1,117,109 Substantial Completion: September 15, 2021 Ready for final payment: October 15, 2021 Das or dates Net Increase (decrease) in this Change Order Net Increase in this Change Order $ 6,388 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 1,123,497 Substantial Completion: September 15, 2021 Ready for final payment: October 15, 2021 Days or dates RECOMMENDED: APPROVED: ACCEPTED: By: By: By: ENGINEER (Authorized Signature) OWNER (Authorized Signature) CONTRACTOR (Authorized Signature) Date: 9/10/2021 Date: Date: 9/10/2021 EJCDC No. C-800 (2007 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated Class I Landfill Segment 3 Cell 1 Supplementary Conditions Landfill Gas System Expansion 00800-31 Indian River County, FL Issued fa4fi O n Z W G Z ELQ fr 0 LLF- Q U_ U— cr U 0 Q 0 Q J CLCL Q x AZ�Z "n o w U M aEo b 4 � �o o a WN�o H r1 N ozoz U� ao� a CW } a. cr 0 LLZ 0 U_ J a. a. 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J N ?!:_q N tfi d uryij 1 ___ SECTION 00800 - CONTRACTOR'S Application for Final Paymment Application for Payment No. 5 For Work Accomplished through the period of _July U 2021 through August 31, 2021 To (OWNER): Indian River County Solid Waste Disposal District From (CONTRACTOR): SCS Field Services Contract: Indian River Landfill Segment 3 Cell 1 Landfill Gas System Expansion Project: OWNER'S Contract No. Bid No. 2021006 ENGINEER: CDM Smith ENGINERR's Project No. 250111 (1) Attach detailed schedule and copies of all paid invoices 1. Original Contract Price: $ _ 1,068,510 2. Net change by Change Orders and Written Amendements (+ or + 54,987 3. Current Contract Price (1 plus 2): $ 1,123,497 4. Total completed and stored to date: $ 123 497 5. Retainage (5% per Agreement)_ 56,175 % of completed Work: 100.00% % of retainage: 5% Total Retainage: $ 56,175 6. Total completed and stored to date including retainage: $ 1,123,497 7. Less previous Application for Payments: $ 1,059,757 8. DUE THIS APPLICATION (6 minus 7): $ 63,740 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make ayments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing ontract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 2. Updated Construction Schedule per Specification Section 01310, and Class I Landfill Segment 3 Cell 1 249 Landfill Gas System Expansion Indian River County, FL 6707-250111 l I Dated 10 -Sep -21 Q P Y (CONTRACTOR . `.5'e sign d by an Officer of t1e Corporation) Guy F. Lewis Vice President Print Name and Title STATE OF Virginia COUNTY OF FAIRFAX Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared GUY F. LEWIS , who being by me first duly sworn upon oath, says that he/she is the VICE PRESIDENT of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this loth day of Sept 2021 ,``fllrrOrpry,r! ,.�0`' 3p.NE g� `''�.1 NOTAR` j ' '�`~$ Printe E710`I0�PREG n ¢ 3 c O ' COh�1f,USSiON - exalRes Commis' 4/30/2023 � . ALTV4����Commission Expiration: - 'r�rrrl4N,rrN. - (The remainder of this page was left blank intentionally] Class I Landfill Segment 3 Cell 1 Landfill Gas System Expansion ( 250 Indian River County, FL 6707-250111 FINAL WAIVER OF LIEN State of FL ) County of Indian River )ss. To all whom it may concern: September 10 20 21'.. WHEREAS, the undersigned SCS Field Services Indian River County (IRC)Solid Waste Disposal District, Vero Beach, FL 32960 Owner has been employed by to furnish labor and/or materials for the IRC Landfill Segment 3 Cell 1 LFG Expansion Bid #2021006 project Nature of Work at 1325 74" Ave SW in Vero Beach, FL 32968 Address City, County, and State NOW, THEREFORE, for and in consideration of $63,740.00 DOLLARS and other valuable considerations, the receipt whereof is hereby acknowledged, the undersigned do(es) hereby waive and release any and all lien or claim or right of lien on the above described premises and the improvements thereon, under the Statues of the State in which the aforesaid project is located relating to all liens, and on the monies or other consideration due or to become due from the owner, and on account of labor or materials, or both, or which may be furnished by the undersigned to or an account of the said individual or firm therein named for the said premises or improvements. The undersigned further certifies that to the best of his knowledge and belief there are no unsatisfied claims for damages resulting from injury or death to any employees, subcontractors, or the public at large arising out of the performance of the contract, or any suits or claims for any other damage of any kind, .n�aarAtngq nature, or description which might constitute a lien upon the property of the Ow.t"�E gt�; J C Subscribed aN, . 0 of &eptembcr, 2021 g� '��Y P& &. Notary P 1016996 u .h_ _ O REG n •; 4'= �� 7 _ My t' w 0 , oN EXPIRES " Xb�� SCS Field Services Firm Name IRC Bid Number 2021006 Contract No. Vice President 251 I6P6s SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: September 10, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Subject: Final Pay and Amendment No 2 to Work Order No. 2 to CDM Smith, Inc. Descriptions and Conditions: On June 6, 2017, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board authorized negotiations with the top ranked firm, CDM Smith, Inc. (CDM Smith), in accordance with Florida Statutes (FS) 287.055, Consultant's Competitive Negotiation Act, per the Request for Qualification (RFQ) #2017048 for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion, and Cell Construction. The Board approved the contract agreement with CDM Smith on July 18, 2017. On May 19, 2020, the SWDD Board approved Work Order No. 2, in the amount of $199,810, to CDM Smith to provide the initial Phase 1 design, permitting, and bidding assistance for the expansion of the landfill gas collection system for Segment 3, Cell 1 (Project). Phase 2 of the project would cover the engineering services during construction. On October 29, 2020, CDM Smith submitted to the Florida Department of Environmental Protection (FDEP) a landfill intermediate modification to permit 0128769 -022 -SC (construction) and minor modification to permit 0128769 -023 -SO (operations). On December 16, 2020, the FDEP issued the permit to SWDD to proceed with the construction of this project. On November 17, 2020, CDM Smith provided a 100 Percent Opinion of Probable Construction Cost for the Segment 3, Cell 1 expansion of the landfill gas collection system in the amount of $2,077,000. On November 29, 2020, per the bid specification and drawings prepared by CDM Smith, the IRC Purchasing Division advertised Bid No. 2021006 for the project. On January 6, 2021, the IRC Purchasing Division opened bids and provided a summary of the bid tabulation confirming that four bidders were responsive in submitting all of the required information in the bid documents. On January 22, 2021, CDM Smith provided the evaluation of bids for this project. On February 9, 2021, the SWDD Board approved the award of bid to Sterns, Conrad, and Schmidt Consulting Engineers, Inc. dba SCS Field Services for $1,068,510.00. With change orders and final payment, the total construction cost of the project is $1,123,497.00. On February 9, 2021, the SWDD Board approved Amendment No. 1 to Work Order No. 2 in the amount of $139,190 for general and special engineering services during construction. On August 5, 2021, SCS Field Services achieved Substantial Completion on the project, and Final Completion is scheduled for SWDD Agenda - Final Pay and Amendment No 2 to WO No 2 to CDM Smith Page 252 SWDD Item September 15, 2021. As part of the construction phase, CDM Smith provided additional engineering services; therefore, this agenda item requests authorization to approve Amendment No. 2 to Work Order No. 2 and to issue a final payment. Analysis: CDM Smith has prepared Amendment No. 2 to Work Order No. 2, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for the project. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The table below shows the estimated fees. TASK DESCRIPTION —Amendment No. 2 AMOUNT Phase 1 411-239006 (Escrow) $38,699.66 Task 7 — General Engineering Services During Construction (Lump Sum) $ 8,500 2 CDM Smith reviewed design drawings and added additional landfill gas extraction wells. They also reviewed field conditions and recommended solutions to lateral leachate seepage on the north face of Segment 2 landfill, and recommended remedial action and facilitated changes with the Contractor to implement the changes. Staff supports the request by CDM Smith for a final reconciliation request of $8,500 for Task 7 for additional engineering services during construction. Upon approval of this amendment, the total engineering costs for the project will be $347,500. Final Pay: CDM Smith has satisfactorily completed all the assignments described in the scope of work for a total invoiced amount, including the final invoice of $38,699.66. After final payment, the total amount paid to CDM Smith will be $347,500.00. This represents approximately 31% of the overall construction project costs. Funding: The Segment 3 Cell 1 Landfill Gas Expansion project is considered a "closure activity" and, as such, is funded from an escrow account long established per FDEP requirements. In the current Fiscal Year 2020/21, we have budgeted $2,500,000 for the Segment 3 Cell 1 Landfill Gas Expansion project. DESCRIPTION ACCOUNT NO. AMOUNT Accrued Closure — I, II & Infill 1 411-239006 (Escrow) $38,699.66 Recommendation: Solid Waste Disposal District staff recommends that its Board approve the following: a) Approve Amendment No. 2 to Work Order No. 2 with CDM Smith Inc. in the amount of $8,500 to provide engineering services related to Phase 2 of the Class I Landfill Segment 3, Cell 1 expansion of the landfill gas collection system. b) Authorize the Chairman to execute the same, as presented. c) Approve CDM Smith's final invoice amount of $38,699.66. SWDD Agenda - Final Pay and Amendment No 2 to WO No 2 to CDM Smith Page 253 SWDD Item Attachments: 1) Amendment No. 2 to Work Order No. 2 2) CDM Smith Final Invoice and Project Completion Report AMENDMENT NUMBER 2 WORK ORDER NUMBER 2 SEGMENT 3 CELL 1 LANDFILL GAS COLLECTION SYSTEM EXPANSION ENGINEERING SERVICES DURING CONSTRUCTION This Amendment 2 to Indian River County (IRC) Landfill Work Order Number 2 is entered into as of this _ day of 2021, in accordance with FS 287.055, Consultant's Competitive Negotiation Act per the Request for Qualification #2017048 for Engineering Consulting Services for Landfill Closure, Landfill Gas Collection System Expansion, and Cell Construction, dated July 18, 2017 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CDM Smith Inc. (CDM Smith) ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 2, Effective Date 05/19/2020. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to Section 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: CDM Smith Inc. By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Eric J. Grotke, P.E., BCEE Joseph E. Flescher, Chairman Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 255 EXHIBIT A AMENDMENT NO.2 TO WORK ORDER NO.2 INDIAN RIVER COUNTY LANDFILL SEGMENT 3 CELL 1 LANDFILL GAS COLLECTION SYSTEM EXPANSION ENGINEERING SERVICES DURING CONSTRUCTION This Amendment No. 2 to Work Order No. 2, when executed, shall be incorporated in and become part of the Agreement for Consulting Services between Indian River County Solid Waste Disposal District COUNTY) and CDM Smith Inc., (CONSULTANT), dated my 18, 2017, hereafter referred to as the AGREEMENT. This agreement is the final reconciliation change order for the project as the construction services have been completed. BACKGROUND The COUNTY has requested that CONSULTANT prepare this Amendment to Work Order No. 2 to provide professional engineering services during construction for the proposed Class I Landfill Segment 3 Cell 1 landfill gas (L ) collection system expansion. The proposed landfill collection system expansion is for the construction of vertical and horizontal landfill gas collection wells, header pipes, compressed air piping, and leachate forcemains. The design and permitting was completed and the project was advertised to bid in COUNTY Bid No. 2021006. Bid opening was January 6, 2021. This Amendment No. 2 includes additional engineering services to assist with diverting leachate flow from the sideslope of Segment Hill into the drainage later of Cell 2. The COUNTY sought a solution for diverting condensation being pumped out of the landfill gas wells away from the leachate collection system so it would not be sent to the wastewater treatment plant. This prompted some upsizing of the condensate forcemains and the inclusion of additional valves so it could be diverted to new Frac Tanks for hauling. The COUNTY also sought to maximize the amount of landfill gas being collected so additional landfill gas wells were added to the current design and the horizontal collectors were extended to maximize the amount of landfill gas that could be extracted. The Scope of Services for Additional Engineering Services During Construction, of the landfill gas expansion system is described below: SCOPE OF SERV CES CONSULTANT will provide engineering services during construction to act as the COUNTY's representative during the construction of the project Based on recent discussions with COUNTY staff and our familiarity with the landfill site design of the project, the proposed Scope of Services includes the following tasks as a continuation of the previously approved tasks. MSmith A"1 N3123_Exhibit A 256 TASK 7.0 - ENERAL ENGINEERIN SERVICES DURING CONSTRUCTION Subtask 7.10 CONSULTANT reviewed design drawings and added additional landfill gas extraction wells. The CONSULTANT also reviewed field conditions and recommended solutions to lateral leachate seepage on the north face of Segment 2 landfill and recommended remedial action and facilitated changes with the Contractor to implement the changes. There was no change to the project schedule. Compensation for this Amendment No. 2 to Work Order No. 2 described herein shall be made in accordance with the Contract between SWDD and CONSULTANT. The lump sum amount of this Work Order No. 2, for Task 7 is $8,500. The new total not -to -exceed amount of Work Order No. 2 is $347,500. or invoice purposes only, the value of each task in this Amendment No. 2 is as shown in Table 1. Table 1 TASK VALUE FOR INVOICE PURPOSE —AMENDMENT NO.2 TO WORK ORDER NO.2 TASK DESCRIPTION VALUE 7.0 General Engineering Services During Construction $8,500 Lump Sum = $8,500 TOTAL AMENDMENT NO.2 TO WORK ORDER NO.2 (lump Sum) - $8,500 TOTAL AMENDMENT NO. 1 TO WORK ORDER NO.2 (NTE) = $139,190 ORIGINAL WORK ORDER NUMBER 2 (NTE) $199,810 GRAND TOTAL AMOUNT FOR WORK ORDER NO.2 (Lump Sum) = $347,500 DMI A-2 h3123_ixhibft A Smith257 N N Y O � S m N O � a` c a ; E C '!2 N u O a O V 6 D H G a � n 6 N n � d VI Vf vt N a 0 p O O d c a a` d C � � a` a 0 E t � n H w d O co co u c v 2 c a 00 w `w v O Y Q q 00 N EXHIBIT B-2 BUDGET PROJECT: Indian River County Solid Waste Disposal District Segment 3 Cell 1 Landfill Gas Collection System Expansion Amendment No. 2 To Work Order No. 2 Engineering Services During Construction Tasks 7 — Lump Sum DESCRIPTION: As Outlined in the Scope of Services, Exhibit A REFERENCE: Agreement between Indian River County Solid Waste Disposal District and CDM Smith Inc. Labor Category Hours Rate Labor Sr. Officer 1 $240 $240 Sr. Technical Expert 8 $235 $1,880 Associate 1 $215 $215 Principal 6 $210 $1,260 Senior Professional 14 $175 $2,450 Professional) 10 $120 $1,200 Senior Support Services 4 $130 $520 Staff Support Services 1 $95 $95 Document Control Specialist 2 $90 $180 Sr. Professional (Field) 4 $115 $4.60 TOTAL HOURS 51 TOTAL LABOR COST 8 500 TOTAL LUMP SUM AMOUNT AMENDMENT NO. 2 sa 500 Smith B-2 jj3123_Ezhibit B-2.doa2 59 Smith INDIAN RIVER COUNTY LANDFILL WORK ORDER No. 2 +Amendment 1 SEGMENT 3 CELLS 1 AND 2 LANDFILL GAS SYSTEM EXPANSION DESIGN, PERMITTING, AND BIDDING SERVICES CDM Smith Project Number. 6706-250111 Invoice / Date Inv. 15 / Final 21 -Sep -21 Description Contract Amount Amount Invoiced to date Percent Complete Amount Invoice Amount Task 1 Project Quality Management, Lump Sum (LS) $26,990.00 $26,990.00 100.0% $26,990.00 $0.00 Subtask 1.4 Project Quality Management Construction LS $8,390.00 $8,222.34 100.0% $8,390.00 $167.66 Task 2 Meetings and Data Collection, Lump Sum $13,935.00 $13,935.00 100.0% $13,935.00 $0.00 Task 3 Final Design, Lump Sum $96,180.00 $96,180.00 100.0% $96,180.00 $0.00 Task 4 Permitting Assistance, Lump Sum $24,375.00 $24,375.00 100.0% $24,375.00 $0.00 Task 5 Bidding Assistance, Lump Sum $18,330.00 $18,330.00 100.0% $18,330.00 $0.00 Task 6 Additional Engineering services, Upper Limit (UL) $20,000.00 $11,672.50 100.0% $20,000.00 $8,327.50 Task 7 General Engineering Services during Construction (LS) $53,900.00 $51,205.00 100.0% $53,900.00 $2,695.00 Subtask 7.10 Enginering Services, Upper Limit $8,500.00 $0.00 100.0% $8,500.00 $8,500.00 Task 8 Special Engineering Services during Construction (LS) $18,550.00 $5,008.00 100.0% $18,550.00 $13,542.00 Task 9 Resident Project Representative during Construction (LS) $48,350.00 $52,882.50 109.37% $52,882.50 $0.00 Task 10 Additional Engineering services, (LS) $10,000.00 $0.00 54.7% $5,467.50 $5,467.50 Total $347,500.00 $308,800.34 100.00% $347,500.00 $38,699.66 260 250111 Invoice No. 15 FINALAu Inv 15 Smith 621 NW 53rd St., Suite 265 Boca Raton FL 33487 Tel:+1(561) 571-3800 INDIAN RIVER COUNTY, FL 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Remit To: CDM Smith Inc. PO Box 100902 Atlanta GA 30384-0902 INVOICE Account Number: Wire Routing: Invoice Number: Invoice Date: Project Number: Amount Due: $38,699.66 NUMBER ON ALL CORRESPONDENCE 000200418081 011000138 90133790 09/14/2021 250111 In accordance with the agreement for Engineering Consulting Services for Indian River County Landfill ("Agreement'), dated July 18, 2017, Work Order Number 2, dated May 19, 2020, and Amendment 1 on February 9, 2021,between Indian River County Solid Waste Disposal District (SWDD), and CDM Smith Inc. ("Consultant'), we are rendering the following invoice for Professional Engineering Services as described below: RE: IRCLF Segment 3 Cells 1 & 2 LFG Design, Permitting and Bidding Task % Total Previously Amount Due Task Amount Complete Invoiced Invoiced This Period Task 1 Project Quality Management $35,380.00 100.00% $35,380.00 $35,212.34 $167.66 Task 2 Meetings & Data Collection $13,935.00 100.00% $13,935.00 $13,935.00 $0.00 Task 3 Final Design $96,180.00 100.00% $96,180.00 $96,180.00 $0.00 Task 4 Permitting Assistance $24,375.00 100.00% $24,375.00 $24,375.00 $0.00 Task 5 Bidding $18,330.00 100.00% $18,330.00 $18,330.00 $0.00 Task 6 Additional Engineering Services $20,000.00 100.00% $20,000.00 $11,672.50 $8,327.50 Task 7 General Engineering Services $53,900.00 115.77% $62,400.00 $51,205.00 $11,195.00 Task 8 Special Engineering Services $18,550.00 100.00% $18,550.00 $5,008.00 $13,542.00 Task 9 RPR Services During Construction $48,350.00 109.37% $52,882.50 $52,882.50 $0.00 Task 10 Additional Engineering $10,000.00 54.68% $5,467.50 $0.00 $5,467.50 Total $339,000.00 $347,500.00 $308,800.34 AMOUNT DUE THIS PERIOD $38,699.66 261 CDM - Smith 1701 Highway A 1 A Suite 301 Vero Beach, Florida 32963 tel: 772 2314301 fax: 772 2314332 September 14, 2021 Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District 1325 74th Ave SW Vero Beach, Florida 32968 Subject: Indian River County Solid Waste Disposal District Segment 3 Cell 1 Landfill Gas System Expansion IRC Contract No.: 2018025 Work Order No. 2 and Amendments 1 and 2 Final Completion Report Dear Mr. Mehta: Transmitted herewith is the project completion report for the above referenced project. This work was completed in accordance with the Continuing Contract Agreement for Professional Services between Indian River County (IRC) Solid Waste Disposal District (SWDD) and CDM Smith Inc. (CDM Smith), dated May 19, 2020, under Work Order No. 2. This project completion report is to serve as additional information to the final invoice. Work Order No. 2 provided Design, Permitting and Bidding Services for the project. The project was advertised for bids in December 2020 and the bids were opened on January 16, 2021. There were four responsive bidders and the contract (IRC Contract 2021006) was awarded to SCS Field Services in the amount of $1,068,510.00. The Notice to Proceed was issued to SCS Field Services on March 19, 2021 with the contract time of 1,800 calendar days to Substantial Completion (September 15, 2021) and 210 calendar days to final completion (October 15, 2021). SCOPE OF SERVICES The SWDD requested that CDM Smith provide professional engineering services during construction for the Class I Landfill Segment 3 Cell 1 landfill gas (LFG) collection system expansion project authorized under Work Order No. 2. The completed Scope of Services included the following tasks: 262 io WATER + ENVIRONMENT +TRANSPORTATION+ ENERGY + FACILITIESm~ Smith TASK 1.0 PROJECT QUALITY MANAGEMENT Activities performed under this task consisted of those generally administrative functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CDM Smith's standards, SWDD's requirements, and the Florida Department of Environmental Protection's (FDEP) permit requirements. Subtask 1.1 Project Update Meetings CDM Smith's project manager prepared for status meetings throughout the life of the project. Subtask 1.2 Quality Technical Reviews CDM Smith maintained a quality management system (QMS) on all of its projects. One formal quality technical review committee (TRC) meeting was budgeted for and was conducted at the 60 percent completion stage of the project. SWDD's representatives were invited to and attended and participate in the TRC meeting. Subtask 1.3 Final Design Review CDM Smith prepared and submitted a complete set of Contract Documents (drawings and technical specifications as electronic PDFs) to SWDD for review at the 100 percent (final) completion stage. CDM Smith also performed a final comprehensive design review at the 100 percent milestone to perform final quality checks and to confirm that the proposed design meets the requirements of SWDD. CDM Smith prepared for and attend one meeting with SWDD staff to review comments on the 100 percent design drawings and technical specifications. CDM Smith incorporated SWDD's written comments, prepare the final Contract Documents (Issued for Bid), and submitted two hard copies and electronic PDFs of the design drawings and technical specifications to the SWDD. Subtask 1.4 Construction Quality Management CDM Smith's project manager managed the independent review of CDM Smith's deliverables, monthly project status reviews, and project close-out activities. CDM Smith met with SWDD staff for project planning and coordination, as needed. CDM Smith performed quality technical reviews on the construction phase CDM Smith has reviewed deliverables such as record drawings and is filing the FDEP Certifications of Construction Completion. TASK 2.0 MEETINGS AND DATA COLLECTION (DESIGN PHASE) This task focused on obtaining the necessary preliminary information to prepare detailed engineering plans and construction specifications. Task 2.0 includes the specific activities identified below: 263 ro -1 CDM - Smith Subtask 2.1 Kickoff Meeting CDM Smith organized a kickoff meeting with SWDD to discuss the proposed Segment 3 Cells 1 and 2 landfill gas system expansion. SWDD shall further define their requirements of the project. CDM Smith prepared and distributed meeting minutes. Subtask 2.2 Previous Design Due Diligence CDM Smith collected and reviewed available existing data and information already obtained including as-built/record drawings, site surveys, previously performed design calculations, analysis, drawings, permits and applications, and reports that were prepared by SWDD's previous engineering Consultant and their subconsultant for the landfill gas system. Upon review of available existing data, CDM Smith will prepare a data request letter (Issued July 7, 2020) for any additional data that is needed and submit it to SWDD for assistance with obtaining the additional data, if needed. If the requested additional data is not available, CDM Smith provided a list to SWDD to determine the appropriate manner to obtain it, which may include an amendment to this Work Order. TASK 3.0 FINAL DESIGN, DRAWINGS, SPECIFICATIONS, AND OPINION OF PROBABLE CONSTRUCTION COST PREPARATION This task consisted of performing final design and developing Contract Documents (drawings and specifications) in accordance with the design requirements set forth in Chapter 62-701, F.A.C., to procure and construct the project. Task 3.0 includes the specific activities identified below: Subtask 3.1 Design Drawing Preparation CDM Smith prepared detailed contract drawings for the expansion of the Segment 3 Cells 1 and 2 LFG system. Below is the list of drawings required to permit and construct this project. Note that the Permit Drawings submitted for the permit modification will be those that require changes, or are new, due to the proposed horizontal collectors in Segment 3 Cell 2. The Contract Drawings prepared for bidding will be those related to Segment 3 Cell 1. Permit Drawings: Drawing No.' Drawing Title New Revision No. 1 Title Sheet 3 27 Conceptual Gas Management System Plan 1 31 Gas Management System Details IV 1 37 Segment 3 Cell 2 Horizontal Collector Layout New Drawing 264 0 CDM.Sith Contract Drawings (for Segment 3 Cell 1): Sheet No. Title General G-0 Cover (Including Location Map) G-1 General Notes/Symbols/Legend/Index of Sheets G-2 Existing Conditions/Limits of Construction/Horizontal Control Plan Civil C-1 Landfill Gas System Plan C-2 Compressed Air and Condensate Force Main Plan CD -1 Landfill Gas System Details I CD -2 Landfill Gas System Details II CD -3 Landfill Gas System Details III Subtask 3.2 Specifications CDM Smith prepared specifications, utilizing the EJCDC/CSI format (50 -Division), which consisted of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to this project. Specifications for construction included the LFG system components, and other applicable items. CDM Smith incorporated the construction permit conditions, into the specifications prior to award of contract. Subtask 3.3 Front -End Documents SWDD supplied the Front -End Documents and CDM Smith will edit them to provide the project specific information needed to bid the project. Subtask 3.4 Opinion of Probable Construction Cost (OPCC) CDM Smith prepared an OPCC at the 100 percent completion stage and submitted the estimate to SWDD for review. The estimate was based on generally accepted costs for this type of work. Deliverables: 60 (July 22, 2020) and 100 percent drawings (electronic PDF and AutoCAD format, including associated x -refs) and technical specifications (electronic PDF). Final Contract Documents Package (two signed and sealed hard copies and electronic PDFs of the drawings and technical specifications). The issued for Bid Plans and Specifications were transmitted to SWDD on November 19, 2021. Opinion of probable construction cost at 100 percent design was delivered on November 17, 2020. 265 0 CDM - Smith TASK 4.0 PERMITTING ASSISTANCE CDM Smith prepared and submitted a minor modification to Construction/Operation Permit Nos: 0128769 -022 -SC and 0128769 -023 -SO to include the proposed Segment 3 Cell 2 horizontal gas collectors into the design and permit. Activities performed under this task consist of those functions required to prepare the application for a minor modification to the Construction/Operation Permit (Permit Nos: 0128769 -022 -SC and 0128769- 023 -SO), participate in a pre -application meeting with FDEP, and respond to one of FDEP's requests for additional information (RAI). Also included are preparation of the notifications required by the operations permit. Task 4.0 included the specific activities identified below: Subtask 4.1 Pre -Application Meeting CDM Smith attended a pre -application meeting with FDEP staff via a teleconference. The purpose of the meeting will be to communicate with FDEP regarding the proposed contents of the permit application submittal package. Subtask 4.2 Permit Application CDM Smith prepared and submitted to FDEP the application for a minor modification to the Construction/Operation Permit required by Chapter 62-701.320, F.A.C., to include the horizontal gas collectors in Segment 3 Cell 2 into the design and permit on October 29, 2020. Subtask 4.3 RAls CDM Smith responded and commented on the Notice of Intent from FDEP on December 4, 2021. Subtask 4.4 Construction Notification CDM Smith prepared and submitted a courtesy notification to the FDEP prior to construction of the landfill gas system expansion in Segment 3 Cell 1. Deliverables: ■ Segment 3 Cell 2 LFG Gas system permit modification application submitted on October 29, 2020. ■ Design drawings to support permit modification. TASK 5.0 BIDDING ASSISTANCE In this task, CDM Smith assisted SWDD in obtaining bids for the construction of the project, assisted SWDD in evaluating the bids and in assembling and awarding the contract, and will arrange and preside over a pre-bid conference Task 5.0 includes the specific activities identified below: 266 0 Smith Page 6 Subtask 5.1 CDM Smith provided Contract Documents Package in electronic PDF format suitable for distribution to bidders, coordinated the advertisement of the bid, responded to communications from Contractors, attended a pre-bid conference, and assisted with the issuance of up to two addenda. SWDD advertised the bids and distributed documents to the plan holders. Subtask 5.2 CDM Smith attended the bid opening, evaluated bids, and recommend a bidder for award of contract to SWDD. The bidding phase of the project terminates when an assumed Notice of Award is issued to a Contractor. SCS Field Services was the lowest responsive bidder and was awarded the contract. SWDD issued Amendment No. 1 to Work Order No. 2 to include Construction Services. TASK 6.0 ADDITIONAL ENGINEERING SERVICES At the request of the SWDD, CDM Smith performed additional engineering services for work expressly excluded from this Work Order as noted in the Assumptions above or requested by the SWDD during the project. Additional Engineering Service included preparation of additional design modifications such as additional wells during construction, This included adding horizontal collectors along the eastern face of Segment 3, Cell 1 during design and extending the horizontal collectors during construction and assistance in preparing documents not expressly included in the above tasks, environmental assessments, additional permitting, or any other extended/additional engineering services such as the horizontal leachate collected added during construction on the north face of Segment 3 Cell 1. TASK 7.0 GENERAL ENGINEERING SERVICES DURING CONSTRUCTION These services included the following subtasks: Subtask 7.1 After issuance of a Notice of Award by SWDD, CDM Smith prepared for and administered a preconstruction meeting with the Contractor on March 24, 2021, four days after of the Contractor's Notice to Proceed. Subtask 7.2 CDM Smith consulted with and advised SWDD and acted as its representative as provided in the General Conditions of the construction contract. CDM Smith consulted with and advise SWDD as to the acceptability of substitute materials and equipment proposed by the Contractor when substitution is permitted by the Contract Documents. Subtask 7.3 CDM Smith maintained an on-site presence to observe the progress and quality of the executed work of the Contractor. The work was determined to be in general accordance with the Contract Documents. CDM Smith kept SWDD informed of the progress of the work. 267 0 smith Page 7 Subtask 7.4 CDM Smith reviewed and approved shop drawings and samples, the results of laboratory tests and other data, which the contractor is required to submit by the contract documents. There were 15 shop drawing reviews budgeted in Work Order No. 2. During the project, the actual number of shop drawings reviewed by CDM Smith was 49. CDM Smith inspected deliveries of the materials to confirm compliance with the shop drawings and the project specifications. Subtask 7.5 CDM Smith issued instructions to the Contractor and issued necessary interpretations and clarifications of the Contract Documents. CDM Smith responded to requests for information. CDM Smith acted as SWDD's representative for special inspection or testing of the work and acted as initial interpreter of the requirements of the Contract Documents regarding the execution and progress of the work. Subtask 7.6 Based on CDM Smith's on-site observations and on review of applications for payment and the accompanying data and schedules, CDM Smith reviewed and determined the amounts owing to the Contractor and recommend in writing, payments to the Contractor in such for a total of five pay applications. Subtask 7.7 For each portion of the work, CDM Smith performed an initial walkthrough to develop a preliminary checklist of items to be performed by the Contractor, based upon observations made jointly between the Contractor, SWDD, and CDM Smith. Substantial Completion was achieved on August 5, 2021. Final completion was achieved on September 2, 2021, and an inspection for some items to be replaced under warranty will be scheduled in the week ending September 19, 2021. Subtask 7.8 CDM Smith assisted the SWDD with project related correspondence to SWDD, Contractor, regulatory agencies, and other parties. We prepared monthly progress meeting minutes; and maintained comprehensive project records and documentation on file. CDM Smith maintained a document log and documentation on site during the project. Subtask 7.9 CDM Smith monitored and checked performance tests and reviewed field test reports for conformance with project contract documents. Subtask 7.10 CDM Smith reviewed design drawings and added additional landfill gas extraction wells. The CDM Smith also reviewed field conditions and recommended solutions to lateral leachate seepage on the north face of Segment 2 landfill and recommended remedial action and facilitated changes with the Contractor to implement the changes. 268 io Smith TASK 8.0 SPECIAL ENGINEERING SERVICES DURING CONSTRUCTION Activities performed under this task consisted of supplementary and special engineering services required during the construction and implementation of the project: Subtask 8.1 CDM Smith prepared for SWDD a set of reproducible record drawings, a digital copy in AUTOCAD, and two Record Drawing prints showing those significant changes made during the construction process based on information furnished to CDM Smith by the Contractor. Subtask 8.2 CDM Smith provided services in connection with preparing work change directives, change orders to reflect changes to the construction project. Two total change orders were processed and recommended to SWDD. Subtask 8.3 CDM Smith is preparing the final certifications of completion of construction to the regulatory agencies and is anticipated to be submitted by September 17, 2021. TASK 9.0 RESIDENT SERVICES DURING CONSTRUCTION Subtask 9.1 Activities performed under this task consisted of furnishing a full-time RPR during the project construction to observe the performance of the work of the Contractor. Subtask 9.2 CDM Smith provided a RPR which acted as an agent of CDM Smith. The RPR's dealings in matters regarding the on-site work was in general only with CDM Smith and the Contractor. Subtask 9.3 The RPR prepared daily reports, describing the general working conditions, areas of construction activity, logged landfill gas well drilling, observed pipe pressure tests performed and special and document unusual events. CDM Smith provided support to the RPR for observation of the work performed by the Contractor, directed and supervised the RPR, prepared supporting documentation in dealings with the Contractor, and manage the documentation, daily reports, and test reports. PROJECT SCHEDULE The Construction activity was completed ahead of schedule, Substantial Completion was achieved on August 5, 2021, (September 15, 2021 was the contractual date) and Final Completion was achieved on September 2, 2021 (October 15, 2021 was the contractual date). 269 0 CDM - Smith PROJECT BUDGET The Original Contract Price was $1,068,510. The Contractor's Change Order No. 1 was for $48,599.00 and Final reconciliation Change Order No. 2 was for $6,388 for a total of $54,987 or an increase of 5.1 percent. The change order amount was for additional work beyond the original scope of work requested by SWDD. These additional items were an extension of the landfill horizontal collectors, additional vertical wells, and upsized condensate forcemain to help maximize landfill gas extraction. A leachate collector was added to collect seepage on the north face of Segment 2 and route it to the Cell 2 drainage layer. CDM Smith's compensation for Work Order No. 2 for Design, Permitting and Bidding Services was $199,810. Amendment No. 1 to Work Order No. 2 for Engineering services during construction was $139,190. Amendment No 2 for Additional Engineering services for requested additional Landfill gas wells and construction supervision is $8,500. The new not -to -exceed Grand Total Amount of Work Order No. 2 is $347,500. CDM Smith appreciates the opportunity to provide these services to the IRC SWDD. If you have any questions or require additional information on the above project, please contact me. Sincerely, Ma in J. Lewis, P.E., BCEE, PMP Project Manager CDM Smith Inc. MJ L/jj Attachment File: PW PL1 6706-250111.02.01.20 cc: Ron T. Jones, SWDD Kevin Vann, CDM Smith 270 0