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HomeMy WebLinkAbout10/22/2024 (2)0R1p% BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 22, 2024 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov COUNTY COMMISSIONERS Susan Adams, District 1, Chairman John A. Titkanich, Jr., County Administrator Joseph Flescher, District 2, Vice Chairman Jennifer W. Shuler, County Attorney Joseph H. Earman, District 3 Ryan L. Butler, Clerk of the Circuit Court and Comptroller Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Chris Kollman, Lutheran Church of the Redeemer 3. PLEDGE OF ALLEGIANCE Commissioner Joe Earman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS S.A. Presentation of Proclamation Honoring the 2024-2025 Indian River County Fire Rescue Lieutenant, Sergeant, Engineer, Firemedic, and Unit of the Year Attachments: Proclamation S.B. 32nd Annual Red, White & Blue Concert Vero Beach High School Performing Arts Center 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 8. CONSENT AGENDA October 22, 2024 Page 1 of 4 8.A. Bill of Sale and Grant of Easement for Utility Facilities at Jackie Robinson Training Complex Attachments: Staff Report Bill of Sale and Utility Easement to COVB 8.B. Employment Contract for the Assistant County Attorney Attachments: Staff Report Employment Contract for Christopher Hicks 8.C. Renewal of AK Associates Maintenance Contract for 911 Call -Taking Equipment Attachments: Staff Report Service Contract Quote - Year 1 Sole Source Letter 8.1). Ranking of Firms, Award and Approval of Agreement - RFP 2025005 - Indian County Department of Utility Services Labor Contract Attachments: Staff Report Sample Agreement 8.E. AtkinsR6alis USA Work Order 6 for Staff Augmentation/Support Services Attachments: Staff Report Scope of Services 8.F. Florida Department of Transportation Utility Work by Highway Contractor Agreement for Utilities Relocation on CR-510/85th Street from 87th Street to West of 82nd Avenue, FDOT Financial Project ID: 405606.8 Attachments: Staff Report Agreement (UWHCA) 8.G. Renewal of Esri Small Government Enterprise Agreement Attachments: Staff Report Quotation # Q-512335 Esri SGEA Renewal 2024 IRC 8.11. Work Order #2 to EDB for Fire Station 15 Design Attachments: Staff Report EDB WO#2 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Sheriff Eric Flowers re: Forfeiture Trust Fund Attachments: Letter from Sheriff Flowers October 22, 2024 Page 2 of 4 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Bill Rigby re: Federal and State Funding for the Existing RFP for Waste.Collection Attachments: Request to Speak B. Rigby 10.22.24 C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources D. Information Technology E. Natural Resources F. Office of Management and Budget G. Parks, Recreation, and Conservation H. Planning and Development Services I. Public Works J. Utilities Services 12.J.1. Utility Accounts Receivable Bad Debt Write Offs and Foreclosure Activity Attachments: Staff Report 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman . B. Commissioner Joseph E. Flescher, Vice Chairman 14.B.1. Steve Hayes' Resignation From the Tourist Development Council & Appointment of New Committee Member Attachments: Commissioner's Memo Hayes, TDC Resignation Johanson Nichole, TDC Application Vocelle Diana, TDC Application October 22, 2024 Page 3 of 4 C. Commissioner Joseph H. Earman D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.indianriver.gov The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6.00 p.m. until Wednesday at 6.00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. October 22, 2024 Page 4 of 4 PROCIAMA"riow HONORING THE 2024-2025 INDIAN RIVER COUNTY FIRE RESCUE LIEUTENANT, SERGEANT, ENGINEER, FIREMEDIC, AND UNIT OF THE YEAR -Whereas, on December 17, 1923, local volunteers established the first fire department in Indian River County; and -Whereas, over the course of the past century, personnel; from a department crewed solely by trained firefighting and emergency medical response as well response scenarios on both land and sea; and the department transitioned from volunteer to career Firefighters to today's crews who are dual certified in is being trained in a multitude of specialized disaster -Whereas, in 2021, the leadership of Indian River County Fire Rescue reinstituted the long-standing tradition of annually recognizing those among their ranks who perform their duties in a manner that: exemplifies a competency reflecting the highest of standards; supports fellow Fire medics in achieving their goals; supports the department's policies and regularly demonstrates the ability to lead or follow based upon the existing circumstances; and -Whereas, Indian River County Fire Rescue is proud to announce the award recipients for 2024-2025: ■ Fire Medic of the Year: Chandler Legleitner ■ Rescue Sergeant of the Year: Marcus Robinson • Engineer of the Year: Joshua Morris ■ Lieutenant of the Year: Brian Guanch ■ Unit: Fire Prevention - Richard Marini, Alex Norat, Jennifer MacKinnon, Bob Burns, Jenna Turpin, Tanisha Adkins, Nicole Roth and Rose West Now, 7 erefore, be it Proclaimedby the Boardof County Commissioners oflndian River County, F rides that the Board supports the efforts of our Fire Rescue Department to publicly commend those members whose dedication, loyalty, productivity and professionalism have been recognized by their co-workers. Befj9WIAier?'roclaimed that the Board of County Commissioners is grateful to all our Indian River County first responders and the valuable services they provide to the residents of our community. Adopted this 22nd day of October 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice -Chairman Joseph H. Earman Deryl Loar Laura Moss * * * Vero Beach High School Performing Arts Department D I. Presents 32111 Annual W t e B u e Co�nceF November IOt" November 12t'' 2:00 PM 7:00 PM Featuring the VBHS Bands PINi BOX OFFICE (772) 564-5537 Scan or visit onine for tickets ,... , Vero Beach Performing Arts Center 0 M James M. Sammons Auditoriumr� 1707 16th Street, Vero Beach, FL VeroBeachPerforming arts.com Jennifer W. Shuler, County Attorney Susan J. Prado Deputy County Attorney Christopher A. Hicks, Assistant County Attorney A Consent Agenda - B.C.C. 10/22/2024 Ofce of INDIAN RIVER COUNTY lu 1 D1 [17 11711►111111741 TO: Board of County Commissioners FROM: Christopher A. Hicks, Assistant County Attorney DATE: October 14, 2024 ATTORNEY SUBJECT: Bill of Sale and Grant of Easement for Utility Facilities at Jackie Robinson Training Complex BACKGROUND: The City of Vero Beach provides water and sewer services for the Jackie Robinson Training Complex located at 3901 26�h ST, Vero Beach, FL 32960, owned by the County. A new executive building has been constructed at the Jackie Robinson Training Complex as part of an overall renovation/expansion plan. The City of Vero Beach will be responsible for providing utility service for this new building. Based upon this, an expansion of the existing water and sewer easement, recorded on October 6, 2023, at OR Book 3654, Page 1108, is necessary. Additionally, a Bill of Sale for the existing utility facilities (pipes, valves, etc.) is required for the City to assume maintenance and ownership to provide utility services for the new building. FUNDING: None. The City of Vero Beach will cover recording costs of the easement and bill of sale. RECOMMENDATION: County staff recommends that the Board approve the Bill and Sale and Utility Easement and authorize the Chairman to execute the documents on behalf of the Board. ATTACHMENTS: Bill of Sale and Utility Easement to City of Vero Beach, FL Copies to: John Turner, City of Vero Beach City Attorney Robert J. Bolton, City of Vero Beach Water and Sewer Director Todd Young, City of Vero Beach Senior Engineering Designer Addie Javed, Public Works Director Michael Zito, Deputy County Administrator CAH/nw 2 DEPARTMENTAL CORRESPONDENCE WATER AND SEWER DEPARTMENT Prepared by and return to: City Attorney P.O. Box 1389 Vero Beach, FL 32961-1389 Property Appraiser's Parcel Identification No: 32392600011023000001.0 WATER & SEWER EASEMENT DEED (#2024 -EG -304) THIS INDENTURE made and entered into this day of 2023, ("Effective Date") by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (the "Grantor"), whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, and the CITY OF VERO BEACH, a Florida municipal corporation (the "Grantee"), whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961-1389. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors, and assigns). WITNESSETH: That Grantor is the owner in fee simple of that certain real property located at 3901 26th Street (also known as the "Jackie Robinson. Training Complex"), lying, situate, and being in Indian River County, Florida, as being more particularly described as: . See attached Exhibit "A" (hereinafter the "Property"). That Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee an exclusive easement in perpetuity through, on, under and across the Property for water and sewer purposes, which easement shall be as more particularly described in Exhibit "A" (hereinafter"Easement"), attached hereto and incorporated herein by reference, and which Easement shall run with and be a burden upon the Property. This easement is adding additional utility facilities as a westerly extension to the existing easement #2021 -EG -265 recorded on October 6, 2023, at OR Book 3654, Page 1108, in the Public Records of Indian River County, Florida, as depicted in Exhibit "A." Notwithstanding the foregoing, Grantor covenants to limit its improvements, construction, installations, equipment, and plantings (collectively hereinafter "Improvements") on and in the Easement to those existing on the Effective Date hereof. In order to facilitate the orderly development of the Property, avoid damage or disruption to Grantee's utility facilities, and avoid injury or death to persons, Grantor further covenants that it shall not construct, install, or allow the construction or installation of any other or additional improvements or installations of any kind or nature on or in the Easement without prior review and approval by Grantee's water & sewer department. Grantor further grants to the Grantee, as part of this Easement, a general easement for ingress, egress, and regress over and across the driveways, parking, common, and open areas of Pagel of 3 N:1DepartmentAWater & Sewer\EASEMENTS\2024Undian River County\2024.8.01 - Jackie Robinson Facility.#2024-EG-304.rev.9.30.24.docx 4 the Property for the purpose of access to and maintenance, repair, or replacement of any or all of Grantee's equipment, water improvements, or related facilities. Grantee shall cause the restoration of any disturbance to or upon the Property and repair any damage to Grantor's Improvements (which shall only include those Improvements existing on the Effective Date and those subsequently constructed or installed with Grantee's approval pursuant hereto) caused by the acts or omissions of Grantee, its employees, agents, or contractors, which restoration and repair shall be completed without expense to Grantor. Grantee shall not be otherwise responsible for maintenance, restoration, or repair of the Property or Easement or any Improvement or other installation thereon or therein. The undersigned hereby covenants and warrants that Grantor owns the said land described herein and the undersigned, as or on behalf of Grantor, has the right to grant this Easement. IN WITNESS WHEREOF, the Grantor has duly authorized and caused this Indenture to be executed in its name as of the day and year first herein written. GRANTOR: BOARD OF COUNTY COMI%HSSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman BOCC approved: Attest: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk (Official Seal) Approved as to form and legal sufficiency: Chris Hicks, Assistant County Attorney Approved: LI -A John A. Titkanich, Jr. County Administrator Page 2 of 3 MOepartments\Water & Sewer\EASEMENTS\2024Undian River Count3 \ 024.8.01 - Jackie Robinson Facility.#12024-EG-304.rev.9.30.24.docx �1 ACCEPTANCE OF CONVEYANCE The foregoing conveyance is hereby accepted by the City of Vero Beach, Florida, as evidenced by the signature of the undersigned, who is authorized to accept this conveyance. GRANTEE: ATTEST: CITY OF VERO BEACH, a Florida municipal corporation Sherri Philo Interim City Clerk (SEAL) By: Monte K. Falls, P.E. City Manager Date: ADNIINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency Approved as to technical requirements: for COVB only: i Property Description Water Easement #2024 -EG -304 August 1 2024 . EXHIBIT "A PROPERTY DESCRIP110N WATER EASEMENT #2024-ECii-3@4 PARCEL #32-39-26-000114230 10 Situated in the State of Florida, Gouty of Indian Rim,. C* of Vero Beach and being a part of Section 03, Tohip 33 South, :Range 39 East, and being more particularly bounded and deiscrtiied as fr k.ws: Commencing. at the nor tv. es3 c oriner ofSectbn 03, Township 33 South, Range: 39 East; Thence South W45'39" East along the north tine of said Section 3. fipr a diems of ; 2222.79 feet, : Thence South 00°04'14" West for a: db tancloe of 51-6:46 fed to s point on an existing water easement line as described in Oficial ftaft Book 3654, Page 1103 of the Public Records of indian River County, Florida, sand .point also being the Point.of begiru ing of I: following described water easement; i Thence from the Point of Beginning; continue u1h 03"04'14" West: sig said existing easement fine for a distance of 11:A1 fait; Thence South 59°4655" East. along said existing easement for a distance of 10.2.1 feet - Thence, leaving said existing easement, run South 00004'14" West for a distance of 3.43 feet; Thence North8944m" West for A distanoet-of 1014'feet-, Thence North 00*04'14" East for a distance of 15:34 feet; Thence South 89s465W East for a distance of 3.93 feet to the ate: of inning, Said easement containing 126 square feet more or less David Gay. PSM #59 �•`e,tE M 'A S \.Property Descnptions1202412024-EG-304_ Water Esmt_Aug 1 2024dQft :ft. `�¢r 16s. j Sheet 1 of 28rt.; Prepared by and return to: City Attorney P.O. Box 1389 Vero Beach, FL 32961-1389 Property Appraiser's Parcel Identification No: 32392600011023000001.0 r Above This Line For Recording BILL OF SALE OF UTILITY FACILITIES TO CITY OF VERO BEACH, FLORIDA (when constructed within existing easement or road rights-of-way) KNOW ALL MEN BY THESE PRESENTS, that: 9 INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960 ("GRANTOR"), in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, transfer, and deliver unto the CITY OF VERO BEACH, a Florida municipal corporation, whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961-1389 ("GRANTEE"), as of the date of acceptance entered below, the following goods and chattels: UTILITY FACILITIES OF "Jackie Robinson Training Complex" SEE ATTACHMENT "A" ATTACHED HERETO AND MADE A PART HEREOF Which, utility facilities are located in existing easements or road rights-of-way described generally as the "Utility Facilities" as constructed at 3901 261 Street, Vero Beach, Florida, 32960, further described as: A parcel of land lying in Section 3, Township 33 South, Range 39 East, Indian River County, Florida; being more particularly described in Warranty Deed dated August 29, 2001, recorded on August 29, 2001 at OR BK 1426, PG 555, of the Public Records of Indian River County, Florida. TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby warrants to the GRANTEE that it has free and unencumbered title to the above-described Utility Facilities, that all persons or entities which have supplied labor or materials with respect to these Utility Facilities have been paid in full, that none of them has any claim whatsoever with respect thereto, and that the GRANTOR has full authority to make this conveyance and will warrant and defend the sale of said Utility Facilities hereby made unto GRANTEE against the claims and demands of all persons whomsoever. GRANTOR hereby further warrants that should the above described Utility Facilities fail or otherwise become defective during a period of one year from the date of acceptance of same by GRANTEE, due to defective materials or workmanship, GRANTOR shall upon each Pagel of 3 N:\Departments\Water & Sewer\BILLS OF SALE\2024Vackie Robinson Training Complex - 3901 26th Street\2024.8.16 - rev.9.30.24.doc W occasion be responsible in all respects for such failure or defect and shall correct same at GRANTOR'S sole cost and without expense to GRANTEE upon reasonable notice by GRANTEE. GRANTOR shall be solely liable and shall save GRANTEE harmless from any direct or consequential damage attributable to such failure or defect. GRANTOR hereby also assigns all its right, title, and interest in and to contractor, manufacturer, and supplier warranties with respect to the described Utility Facilities. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year written below. GRANTOR: BOARD OF COUNTY COMNUS'SIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman BOCC approved: Attest: Ryan L. Butler, Clerk of Court and Comptroller LO -M Deputy Clerk (Official Seal) Approved as to form and legal sufficiency: Chris Hicks, Assistant County Attorney Approved: to John A. Titkanich, Jr. County Administrator Page 2 of 3 NADepartments\Water & Sewer\BII.LS OF SALE\2024Vackie Robinson Training Complex - 3901 26th Shvet\2024.8.16 - rev.9.30.24.doc 10 ACCEPTANCE OF CONVEYANCE OF UTILITY FACILITIES The conveyance to the City of Vero Beach of those certain Utility Facilities pursuant to the foregoing Bill of Sale dated , 2024 is hereby accepted by the City of Vero Beach, Florida, as evidenced by the signature of the undersigned, who is authorized to accept this conveyance. ATTEST: Sherri Philo Interim City Clerk Seal: GRANTEE: CITY OF VERO BEACH, a Florida municipal corporation By: Monte K. Falls, P.E. City Manager Date: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency Approved as to technical requirements: for COVB only: John S. Turner City Attorney Robert J. Bolton, P.E. Director, Water & Sewer Page 3 of 3 N:\Departments\Water & Sewer\BILLS OF SALE\2024Uackie Robinson Training Complex - 3901 26th Street\2024.8.16 - rev.9.30.24.doc 11 Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney FB Of Ce of ConsentAgenda 10/22/2024 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Jennifer W. Shuler, County Attorney DATE: September 25, 2024 SUBJECT: Employment Contract for the Assistant County Attorney Background: Indian River Code Section 101.06 states that all attorneys hired after March 2000 shall be "at will" contract employees. Further, Administrative Policy §202.3 also requires that the Deputy County Attorney and Assistant County Attorney have a contract. On July 16, 2024, Chris Hicks began work as the Assistant Count Attorney. His contract has not yet been approved by the BOCC. I am attaching a contract with Mr. Hicks for your consideration. Both the County Administrator and and the County Human Resources Director have approved the form of this agreement. Funding: Funds are budgeted and available from the General Fund/County Attorney's/Salaries & Benefits budget. Recommendation: The County Attorney recommends the Board of County Commissioners approve the employment contract for Assistant County Attorney Chris Hicks. Attachments: Employment Contract for Christopher Hicks Copies to: Christopher Hicks at chicks@indianriver.gov 13 ASSISTANT COUNTY ATTORNEY EMPLOYMENT AGREEMENT This Agreement is made and entered into as of this day of October 2024, by and between Jennifer W. Shuler as the County Attorney for Indian River County, Florida, (hereafter "COUNTY ATTORNEY") and Christopher A. Hicks (hereafter "ASSISTANT ATTORNEY"). SECTION 1. EMPLOYMENT The COUNTY ATTORNEY hereby employs the ASSISTANT ATTORNEY as an employee of Indian River County, Florida ("County") for a period of three (3) years, effective July 8, 2024. SECTION 2. ASSISTANT COUNTY ATTORNEY'S DUTIES The ASSISTANT ATTORNEY shall devote full time and attention to the practice of law on behalf of County. The ASSISTANT ATTORNEY shall not engage in the compensated practice of law except as an employee of County, unless authorized by the COUNTY ATTORNEY to do so. ASSISTANT ATTORNEY shall be permitted to close out any open cases or other legal matters pending because of ceasing his private practice. ASSISTANT ATTORNEY shall receive three days of annual leave upon the signing of this Agreement to use to conclude any cases left over from his private practice. SECTION 3. ETHICS OF THE ASSISTANT ATTORNEY The ASSISTANT ATTORNEY shall abide by and perform all assigned duties in accordance with the Rules Regulating The Florida Bar, as established and amended from time to time by the Supreme Court of Florida (including, without limitation, the Rules of Professional Conduct) and all other ethical standards set forth in applicable laws, regulations, county ordinances and rules of court. SECTION 4. ANNUAL COMPENSATION Beginning July 8, 2024, for all services rendered by ASSISTANT ATTORNEY, ASSISTANT ATTORNEY shall be paid an annual salary of $122,500.04 (one hundred twenty- two thousand, five hundred dollars and four cents) ("Salary"), payable in twenty-six (26) bi- weekly installments of $4,711.54, as adjusted for required deductions. ASSISTANT ATTORNEY's Salary shall be increased by any general or cost -of -living increases granted to other full-time, non -contract employees of the County. ASSISTANT ATTORNEY shall be deemed to be an exempt employee for the purposes of the Fair Labor Standards Act. ASSISTANT ATTORNEY shall be eligible for a one time pay increase of 5% following successful completion of a six-month probation period ending January 7, 2025, and on each anniversary thereafter, a progression pay increase annually as provided in the Indian River Policy Manual section AM — 304.1(5). 14 SECTION 5. INDIAN RIVER COUNTY ADMINISTRATIVE MANUAL Except as set forth herein, ASSISTANT ATTORNEY shall be subject to and entitled to the same rights, responsibilities and benefits as other exempt County employees, as set forth in the Indian River County Administrative Manual, as applied from time to time ("Manual"); provided, however, that ASSISTANT ATTORNEY shall not be subject to Policy AM -807.1 (Disciplinary Procedure) and Policy AM -807.2 (Offenses/ Disciplinary Pattern). In exchange for giving up the rights set forth in Policy AM -807.1 and Policy AM -807.2 ASSISTANT ATTORNEY shall be entitled to severance rights as set forth in Section 10 below. SECTION 6. ADDITIONAL BENEFITS In addition, County shall pay for ASSISTANT ATTORNEY's continuing legal education, as necessary to maintain membership in The Florida Bar. The term "continuing legal education" includes program fees, travel, lodging, and per diem expenses. County shall pay ASSISTANT ATTORNEY's Florida Bar dues, relevant Florida Bar section fees, Florida Association of County Attorneys dues, and Indian River County Bar Association dues. ASSISTANT ATTORNEY shall be included in the Regular Class of the Florida Retirement System. SECTION 7. NATURE OF EMPLOYMENT ASSISTANT ATTORNEY acquires no property rights in employment as described in Policy AM -807.01 but has only the contractual rights set forth or incorporated by reference in this employment agreement. SECTION 8. TERM This employment agreement is for three (3) years from the commencement date written above. The agreement is not continuing in nature and must be renewed. ASSISTANT ATTORNEY shall schedule the renewal of his employment agreement as an item for consideration by the COUNTY ATTORNEY at a meeting to be held no later than 30 days prior to expiration of the then -existing term of the agreement. SECTION 9. TERMINATION This Agreement may be terminated with or without cause by either party upon sixty (60) days written notice delivered to the other party. At COUNTY ATTORNEY's option, County may pay sixty (60) days Salary in lieu of notice. SECTION 10. SEVERANCE In the event that the COUNTY ATTORNEY either (i) terminates this Agreement without cause, or (ii) fails without cause to renew this Agreement on terms equally favorable to ASSISTANT ATTORNEY, County shall pay ASSISTANT ATTORNEY a severance amount 2 15 equal to one (1) month of Salary for each completed two (2) years of employment, capped at four (4) months of Salary, less required deductions ("Cap Amount"); provided, however, that if applicable law does not allow payment of said amount, then County shall pay ASSISTANT ATTORNEY the maximum amount which is allowed by applicable law up to the Cap Amount. For the purposes of this Agreement, the term "cause" shall mean any of the following: (i) material breach of this contract, (ii) serious breach of a County policy or ordinance, (iii) violation of any state or federal law reflecting a serious lack of honesty, character or integrity, or (iv) any other serious misconduct adversely impacting the County or its operations or reputation. In the event that a determination of cause depends solely on the outcome of pending disciplinary, criminal or other such proceedings, County may defer its decision on whether to pay severance until completion of such proceedings. Regardless of whether a termination or failure to renew is with or without cause, ASSISTANT ATTORNEY shall be paid accrued annual vacation and sick leave in accordance with the Manual; provided, however, that to the extent that ASSISTANT ATTORNEY was employed under a prior employment agreement which provided that ASSISTANT ATTORNEY would be paid "in full" for such accrued ASSISTANT leave, ATTORNEY shall be paid in full for such leave during the period of time that ASSISTANT ATTORNEY worked under such prior employment agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed at Vero Beach, Florida, on the date set forth below. ASSISTANT COUNTY ATTORNEY Lo Christopher A. Hicks Date approved: October , 2024 COUNTY ATTORNEY Jennifer W. Shuler 3 16 9� CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Karen Rackard, 911 Coordinator Department of Emergency Services DATE: September 4, 2024 SUBJECT: Renewal of AK Associates Maintenance Contract for 911 Call -Taking Equipment It is respectfully requested the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On December 11, 2018, the Board approved AK Associates' maintenance contract for the 911 call -taking equipment. The contract provides an onsite technician twice a week performing preventive maintenance for all 911 -associated equipment, including mapping, recorders, selective routers, and ALI databases. The contract is for five (5) years, it renews automatically and continues in force on a year-to-year basis, unless terminated by either party upon a ninety (90) days' written notice. The proposed contract totals for each year are as follows: Year 1 12/1/24-11/30/25 $ 95,700 Year 2 12/1/25-11/30/26 $ 95,700 Year 3 12/1/26-11/30/27 $ 97,600 Year 4 12/1/27-11/30/28 $ 97,600 Year 5 1 12/1/28-11/30/29 $ 99,560 Total Contract Cost $486,160 FUNDING: Funding for the proposed contract for Year 1, in the amount of $95,700, is budgeted and available in the 911 Surcharge Fund/Communication Center/Maintenance-Other Equipment account, number 12013325-034690. Account Description IAccount Number Amount 911 Surcharge Fund/Communication Center/Maintenance-Other Equipment 12013325-04690 $486,160 17 RECOMMENDATION: Staff recommends the Board approve the agreement with AK Associates for maintenance of 911 call taking, authorize the Chairman to sign it after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENTS: 1. AK Associates Maintenance Contract 2. FY 20224/2025 Quote 3. Sole Source Letter- AK Associates-Solacom 18 911 SYSTEM MAINTENANCE SERVICE CONTRACT Elite Premier Purchase, Installation and Maintenance Service This Agreement is entered into between Indian River County, 4225 43rd Avenue, Vero Beach, FL 32967 a political subdivision of the State of Florida, (hereinafter called "County") and Kraus Associates Inc., d/b/a AK Associates, 326 Porta Rosa Circle, St Augustine, FL 32092 (hereinafter called "Contractor"). It is agreed between "County" and "Contractor" as follows: AK ELITE PREMIER INSTALLATION AND MAINTENANCE SERVICE Contractor agrees to provide, and the County agrees to purchase and accept, in accordance with the terms and conditions set forth below, Contractor's Elite Premier Installation and Maintenance Service for the Hardware and Software sold by the Contractor and licensed to the County. **Please note that this agreement is for maintenance and installations services performed by Kraus Associates, Inc., Any required cost for hardware, software or manufacturer's labor is the responsibility of customer.** COSTS: AK Elite Premier Maintenance AK Elite Premier Service (labor only) — Two (2) days per week with minimum six (6) hours per day for preventive maintenance and scheduled subsequent installations for equipment adds, moves and changes. AK Elite Premier Maintenance ■ 12/1/24-11/30/25 $ 95,700 ■ 12/1/25-11/30/26 $ 95,700 ■ 12/1/26-11/30/27 $ 97,600 ■ 12/1/27-11/30/28 $ 97.600 • 12/1/28-11/30/29 99,560 Note: The Contractor agrees to provide the County with a quote for Solacom Support for subsequent years on a yearly basis. AK ELITE PREMIER MAINTENANCE SERVICE: AK Associates Elite Premier Maintenance service includes the following: AK Elite Premier Maintenance Provide 1` -tier labor support at the Indian River County 9-1-1 PSAPs. Maintenance (labor only) will be performed by the Contractor for all work performed on the 911 System and all associated components purchased and installed by the Contractor. 19 • Retraining may be done at various times at no additional cost upon request of the County throughout the life of the contract. The County is responsible for all training materials supplied by the equipment manufacturer after the initial training. • Testing, identification and referral of wireless, wireline and VoIP 9-1-1 troubles to the proper telephone service provider(s) and/or other vendors associated with 9-1-1 service. • Response time for major outages is within two hours during the normal business day and four hours on evenings, weekends and holidays. Remote diagnostics will be done immediately upon receipt of service problem. • Labor to install all minor non-scheduled upgrades to equipment installed by Contractor • Includes labor and onsite support for any additional 911 equipment sold by Contactor, including but not limited to Logging Recording, mapping, etc. • Labor to install yearly scheduled upgrades. The County and/or manufacturer are responsible for all hardware, software, associated miscellaneous materials and upgrade costs from Manufacturer (if any). • Includes daily remote preventive maintenance (PM). Remote daily PM is conducted Monday -Friday, excluding holidays. If a problem is discovered during remote maintenance it will be resolved either remotely or by a site visit. The circuit used for Remote diagnostics is the responsibility of the County. • Weekly on-site preventive maintenance for the 9-1-1 equipment and 9-1-1 network. • Project Management (professional services) for system implementation support for wireless phase II, VoIP, On -Star and Next Gen 911. • Labor to install, relocate, or remove any existing equipment sold by the Contractor, including system upgrades, training, system reconfigurations, selective router programming, direct trunking and integration support. Any cost for hardware, software or manufacturer's labor is the responsibility of customer. • Consulting Services on all equipment provided by AK Associates. Note: All hardware, software and associated miscellaneous materials not covered under warranty or manufacturer's maintenance are the responsibility of the County and/or the equipment manufacturer. The Contractor is not responsible for hardware or software, only the labor to maintain or install the hardware and software. On-site Technical Service Support — Two days per week on-site preventive maintenance service provided by trained AK technicians to be scheduled weekly Monday through Friday except for approved County or State Holidays. PSAP Service Locations — Indian River County Sheriff's Office Primary PSAP located at IRCSO 4055 41" Street, Vero Beach, FL 32967 20 Vero Beach Police Department Primary PSAP located at VBPD 1055 20`x' Street, Vero Beach, FL 32960 Sebastian Police Department Primary PSAP located at SBPD 1201 Main Street, Sebastian, FL 32958 Indian River County Emergency Services Backup PSAP located at IRCEOC 4255 43rd Avenue, Vero Beach, FL 32967 Remote Technical Service Support — 24 hour service performed by a trained technician for all out of hours service problems. Response for major outages shall be within a maximum two hour time frame. Non -service affecting problems will be scheduled with the onsite technician. AK Associates shall provide the "County" with a current escalation list, including an 800 number for all service requests. TERM OF MAINTENANCE AGREEMENT. This Agreement shall commence on December 1, 2024 and terminate five (5) years thereafter (the "Initial Term"), unless earlier terminated in accordance with the provisions of this Agreement. This Agreement shall be automatically renewed and continue in force on a year-to-year basis ("Extended Term") until terminated by either party upon a ninety days (90) days written notice to the other party prior to the expiration of the Initial Term or any subsequent Extended Term. RENEWAL OF MAINTENANCE CONTRACT: The agreement will be automatically renewed unless the "County" notifies the "Contractor" within 90 days of expiration. The annual rate shall not increase more than 3% per year for additional years or a new fixed rate may be established between the "County and the "Contractor". CONFIDENTIALITY. Contractor shall not disclose any confidential information concerning County or its affairs, unless required by law, or with the consent of County. Contractor understands that County is a governmental entity and as such is prohibited by New York and Florida laws from keeping the terms of this Agreement confidential should there be a request for said information. If required to disclose any such information, Contractor or County, as appropriate, shall give the other notice as soon as possible. FORCE MAJEURE No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party for goods or services that have been provided or performed), when and to the extent such failure or delay is caused by or results from the following force majeure events (each a "Force Majeure Event"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in 21 effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages, slowdowns, or other industrial disturbances; (i) shortage of adequate power or transportation facilities; 0) pandemic, epidemic, or other public health emergency, including any circumstances arising from any actions or restrictions taken or prohibited at the advice or direction of public health officials as a response to or to prevent the reoccurrence of such events; and (k) other similar events or unforeseeable events beyond the reasonable control of the party impacted by the Force Majeure Event (the "Impacted Party"). INSURANCE: The Vendor shall maintain at all times the following minimum levels of insurance and shall, without in any way altering its liability, obtain, pay for and maintain insurance for the coverage and amounts of coverage not less than those set forth below. The Vendor shall provide the County original Certificates of Insurance satisfactory to the County to evidence such coverage before any work commences. The County shall be named as an additional insured on General and Automobile Liability, Professional Liability policies. General Liability and Workers' Compensation policies shall contain a waiver of subrogation in favor of Indian River County. The commercial General Liability Policy shall (by endorsement if necessary) provide contractual liability coverage for the contractual indemnity stated in Section 10, above. All insurance coverage shall be written with a company having an A.M. Best rating of at least the "A" category and size category of VIII. The Vendor's self-insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the County. In the event of any failure by the Vendor to comply with the provisions of this Section 11, the County may, at its option, upon notice to the Vendor suspend Vendor's performance of the Services for cause until there is full compliance. Alternatively, the County may purchase such insurance at the Vendor's expense, provided that the County shall have no obligation to do so and if the County shall do so, the Vendor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverage. Comprehensive Automobile Liabilily Insurance. $1,000,000.00 combined single limit of liability for bodily injuries, death and property damage resulting from any one occurrence, including all owned, hired, and non -owned vehicles. Commercial General Liability. $1,000,000.00 combined single limit of liability for bodily injuries, death and property damage, and personal injury resulting from any one occurrence, including the following coverages: Premises and Operations: Broad Form Commercial General Liability Endorsement to include Blanket Contractual liability (specifically covering, but not limited to, the contractual obligations assumed by the Firm); Personal Injury (with employment and contractual exclusions deleted); and Broad Form Property Damage coverage. Workers Compensation. The Vendor shall provide, pay for, and maintain workers compensation insurance on all employees, its agents or subcontractors as required by Florida Statutes. 22 Professional Liability. $2,000,000.00 errors and omissions in providing professional technology services. TERMINATION. The County shall have the right to terminate the agreement prior to the expiration date set forth in this contract as long as, the County provides ninety (90) days written notification of termination by registered mail in the event the Contractor fails to perform or observe any covenant or obligation set forth in this Agreement regarding the maintenance of the Hardware and Software and the County has given Contractor 90 days prior written notice and Contractor has failed to cure within said time or the failure is one which cannot be cured within that time and the Contractor has failed to take reasonable steps toward said cure within ninety (90) days of notice from the County. The County may also terminate this Agreement in the event that it is does not receive funding for 911 maintenance from the FL State Grant program and it is unable to pay for it out of its own funds. The County must notify Contractor in writing that such instance has occurred. The County will be financially responsible for services rendered up to the point of cancellation. 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. County 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. PAYMENT. The Contractor shall provide the County with an invoice per quarter for AK Elite Premier Maintenance Service and Manufacturer's extended warranty. The County shall pay the Contractor in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et., which require payment within 30 days of receipt of a valid invoice. FLORIDA REQUIRED PROVISIONS. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor will comply with all the requirements as imposed by the Americans with Disabilities Act of 1990 ("ADA"), the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 23 Contractor does not meet any of the criteria in Section 287.138, Florida Statutes, relating to Foreign Entity Ownership, that would exclude it from eligibility to enter an agreement which may give access to an individual's personal identifying information. f Contractor has provided County with an Anti -Human Trafficking Affidavit. 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. ion 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. INDIAN RIVER COUNTY By: By: Susan Adams, Chairman John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Chris Hicks, Assistant County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) ATTEST: By:_ &dt Alk" - (Signature) Date; 91z01?D2`{ CORPORATE SEAL: CONTRACTOR: Kraus Associates Inc., d/b/a AK Associates 0"'L, ca." By: _ esident Date: q Lzj(#.N M AK Maintenance Description ce Qty Ext. Price AKEPMaint AK Elite Premier Maintenance $95,700.00 1 $95,700.00 AK Elite Premier Maintenance (1211/24-11/30/25) Please note the addition of positions or configuration change of the system may affect the price of AK Elite Maintenance. Subtotal: $95,700.00 Payment Terms Description Qty Terms of Sale: • Payment Terms are Net 30 27 Quote #001456 v1 Page: 2 of 3 AK Maintenance - One Year Prepared by: AK Associates Beth Stankus (603) 432-5755 x.283 Fax(603)432-0900 bstankus@AKassociates911.com Quote Summary Prepared for: Indian River County, FL 4225 43rd Avenue Vero Beach, FL 32967-1671 Karen Rackard (772)226-3859 krackard@ircgov.com i Quote Information: Quote #: 001456 Version: 1 Delivery Date: 09/26/2024 Expiration Date: 10/31/2024 Description . Amount �a . AK Maintenance $95,700.00 Total: $95,700.00 Disclaimers: This quote is provided for the listed contact and is not to be shared or.disseminated without written consent by AK Associates. This quote null and voids any previous version. AK Associates Indian River County, FL Af Signature: NA Signature: Name: Beth Stankus Name: Title: Manager of Accounting Date: Date: 09/26/2024 Quote #001456 v1 Karen Rackard • +off9 _11-1m AMW.,� A SubskftV of Comtech Telecommunications Corp. September 4, 2024 Karen Rackard 911 Coordinator Indian River County Emergency Services 911 Mapping Tech 4225 43rd Avenue Vero Beach, FL 32967 Dear Karen, This letter is about the Guardian equipment utilized in the processing of 9-1-1 calls that is currently in use by Indian River County Florida. This equipment is referred typically as the Guardian 9-1-1 system. The system is maintained by AK Associates, an authorized Solacom distributor and service organization. AK Associates is the only such organization with factory trained and certified personnel located in Florida with the requisite experience to perform full installation and maintenance on your Solacom equipment. If you have any further questions, please feel free to contact me at 937-609-1911. Regards, Anthony A. Parrott Vice -President Sales Solacom — a subsidiary of Comtech Telecommunications Corp. 3020 Woodcreek Drive, Suite A, Downers Grove, IL 60515 29 Tel: 819.205.8100 — Fax: 819205.8101 — www.solacomm .co ISO 9001:2015 Certified 0L) CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 7, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Ranking of Firms, Award and Approval of Agreement — RFP 2025005 — Indian County Department of Utility Services Labor Contract BACKGROUND: On behalf of the Department of Utility Services, a Requests for Proposal (RFP) was issued for the construction, repair, or replacement of various water transmission and distribution, wastewater collection and transmission, and reclaimed water transmission system elements at various locations throughout Indian River County. Our current agreement for these services expired July 6, 2024. The proposed initial term of the award is two years, with two one-year renewal terms available, subject to vendor acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of Indian River County. RFP RESULTS: Advertising Date: August 8, 2024 RFP Opening Date: September 10, 2024 Solicitation Broadcast to: 875 Subscribers RFP Documents Requested by: 33 Firms Replies: 5 Firms ANALYSIS: A selection committee comprised of Harrison Youngblood, Utilities Engineer, Chris Hanson, Utility Coordinator, Scott Edinger, Utility Inspector, Ron Jones, SWDD Assistant Managing Director and Duke Hawkins, Utilities Assistant Operations Manager independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. Evaluation criteria included responsiveness, firm overview, qualifications and project approach and price. These scores were compiled by the committee and an overall initial ranking of firms developed. 30 CONSENT The committee determined interviews were not necessary and the initial ranking of firms declared final. Contractors provided a price proposal for numerous types of services and equipment, as may be necessary to complete various items of work. To facilitate the timely completion of multiple work orders, staff proposes to enter agreements with all five proposing firms. The sample agreement was included in the RFP document. Since pricing and terms have already been established, it is not necessary to negotiate with the contractors proposed for award. FUNDING: Funding will be from various accounts depending upon the individual project. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and award to CK Contractors & Development, LLC, Hinterland Group, Inc., Meeks Plumbing, Inc., Johnson -Davis, Inc., and G3 Contracting dba Industry Standard. Staff also recommends the Board approve the Sample Agreement and authorize the Chairman to sign it after receipt and approval of the required insurance by the Risk Manager and the County Attorney's approval of the agreement as to form and legal sufficiency. ATTACHMENT: Sample Agreement 31 Proposing Firm Location 1. CK Contractors & Development, LLC West Palm Beach 2. Hinterland Group, Inc. Riviera Beach 3. Meeks Plumbing, Inc. Vero Beach 4. Johnson -Davis Inc. Fort Pierce 5. G3 Contracting dba Industry Standard J New Smyrna Beach The sample agreement was included in the RFP document. Since pricing and terms have already been established, it is not necessary to negotiate with the contractors proposed for award. FUNDING: Funding will be from various accounts depending upon the individual project. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and award to CK Contractors & Development, LLC, Hinterland Group, Inc., Meeks Plumbing, Inc., Johnson -Davis, Inc., and G3 Contracting dba Industry Standard. Staff also recommends the Board approve the Sample Agreement and authorize the Chairman to sign it after receipt and approval of the required insurance by the Risk Manager and the County Attorney's approval of the agreement as to form and legal sufficiency. ATTACHMENT: Sample Agreement 31 CONTINUING CONTRACT AGREEMENT FOR ANNUAL UTILITY LABOR SERVICES THIS AGREEMENT, entered into this _ day of 2024, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and hereinafter referred to as the "CONTRACTOR". BACKGROUND RECITALS: COUNTY selected CONTRACTOR to provide work related to various utility installation and repair services ("Services"), based on a proposal received in response to Request for Proposals 2025005. That the COUNTY and the CONTRACTOR, in consideration of their mutual covenants, herein agree with respect to the performance of construction services by the CONTRACTOR, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The proposed work consists of various water transmission and distribution, wastewater collection and reclaimed water transmission system improvements, and various and sundry lift station rehabilitation and related projects, as specified in each of the COUNTY's individual Work Authorizations issued throughout the life of the Contract. The work may include after-hours and emergency work. All material and equipment shall be in strict accordance with the Indian River County Department of Utility Services Water & Wastewater Utility Standards dated May 2019, or latest edition, which may be obtained at no cost online from the Indian River County Department of Utility Services. The work is generally located in Indian River County in the Urban Service Area, although transmission utilities are located outside of this boundary. The CONTRACTOR shall provide the COUNTY with services and at the rates provided in Exhibit 1, Contractor's Price Proposal. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: i. GENERAL 1.1 Services shall be identified in individual Purchase Orders, and performed in a timely, efficient, cost-effective manner. Purchase Orders shall reference a quote or proposal number, which includes a description of services to be performed; a statement of fees; a projected schedule for completion of the work to be performed by the CONTRACTOR; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Purchase Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term Purchase Order is used herein, it is intended to mean a formal document, that is dated; serially numbered; in the COUNTY's standard template, and executed by the COUNTY, by which the COUNTY accepts CONTRACTOR's proposal for specific services and CONTRACTOR indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. No work may begin until the executed Purchase Order is provided to the CONTRACTOR, and until any required bonds and insurance are accepted by COUNTY. 1.3 Services related to any individual Purchase Order which would increase or decrease cost, or which are otherwise outside the scope of Services or level of effort contemplated by the Purchase Agreement -1 32 Order shall be Services for which the CONTRACTOR must obtain the prior written approval of the COUNTY, as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Purchase Order; and when properly authorized and executed by both the CONTRACTOR and the COUNTY, shall become an amendment to the Purchase Order or a new Purchase Order, at the sole option of the COUNTY. A separate Notice-to-Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Purchase Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice-to-Proceed and specific Purchase Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Purchase Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Purchase Order as if fully set forth therein. 1.5 No representation or guarantee is made by COUNTY as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONTRACTOR will receive during the term of this Agreement. 1.6 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY will provide the CONTRACTOR with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONTRACTOR shall satisfy itself as to accuracy of any data provided. The CONTRACTOR is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONTRACTOR'S attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the CONTRACTOR to enter upon, public and private property (where required) as necessary for the CONTRACTOR to perform its Services, upon timely written request of CONTRACTOR to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONTRACTOR, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the CONTRACTOR; (c) communicate the COUNTY's policies and decisions to the CONTRACTOR regarding the Services; and (d) determine, initially, whether the CONTRACTOR is fulfilling its duties, responsibilities, and obligations hereunder. 2.6 The COUNTY shall give prompt written notice to the CONTRACTOR whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONTRACTOR's Services. If the CONTRACTOR has been delayed in completing its Services through no fault or negligence of either the CONTRACTOR or any subcontractor, and, as a result will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONTRACTOR shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of Agreement - 2 33 evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.7 The CONTRACTOR shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONTRACTOR's control and through no fault or negligence of the CONTRACTOR. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONTRACTOR shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONTRACTOR 3.1 The CONTRACTOR agrees to perform all necessary Services in connection with the assigned Project(s) as set forth in the Purchase Orders and in this Agreement. 3.2 The CONTRACTOR agrees to complete the Project within the time frame specified in the Purchase Order. 3.3 The CONTRACTOR will maintain an adequate staff of qualified personnel. 3.4 The CONTRACTOR will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.5 The CONTRACTOR, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONTRACTOR under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and (2) the CONTRACTOR shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.6 The CONTRACTOR shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONTRACTOR to render its Services as described in this Agreement. The CONTRACTOR shall also require all subcontractors to comply by contract with the provisions of this section. 3.7 The CONTRACTOR will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. 3.8 The CONTRACTOR will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.9 The CONTRACTOR will cooperate and coordinate with other COUNTY Contractors, as directed by the COUNTY. 34 Agreement - 3 3.10 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONTRACTOR for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUN'T'Y. When all work contemplated under this Agreement is complete, and upon final payment all of the above data shall be delivered to the County Project Manager. 3.11 CONTRACTOR is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448•095, F.S. CONTRACTOR is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 4. TERM; DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two years, unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 "Termination", This Agreement may be extended for two additional one-year terms, by mutual consent of the parties. 5. COMPENSATION Work Authorizations that are less than $200,000.00 may not require a Public Construction Bond. COUNTY shall make only one payment for the entire amount of the related applicable Purchase Order after the terms of the related applicable Work Authorization have been fulfilled. Upon determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 6. ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONTRACTOR to provide, either directly by the CONTRACTOR or by a subcontractor, such additional services by a new Purchase Order or by a written amendment to a specific Purchase Order. 7. INSURANCE AND INDEMNIFICATION 7.1 The Contractor shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the County, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the Contractor's insurance. 7.2 The Contractor shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Contractor shall provide adequate coverage for the protection of such employees. 7.3 The Contractor shall procure and maintain broad form commercial general liability 35 Agreement - 4 insurance (including contractual coverage) and commercial automobile liability insurance in amounts as specified in Request for Proposals 2025005. The County shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed. 7.4 The Contractor shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by the contractor must state that the County will be given thirty (3o) days written notice prior to cancellation or material change in coverage. Copies of an endorsement-naming County as Additional Insured must accompany the Certificate of Insurance. 7.5 CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. 7.6 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (3o) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 7.7 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. 8. TERMINATION 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (3o) days' prior written notice to the CONTRACTOR; or (b) by the CONTRACTOR, for any reason, upon thirty (3o) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONTRACTOR shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the CONTRACTOR, or the percentage of work complete as estimated by the CONTRACTOR and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONTRACTOR, elect to employ other persons to perform the same or similar services. 8.3 Termination for Cause The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the COUNTY with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the COUNTY may have under this Contract or under law: (1) if in the COUNTY's opinion CONTRACTOR is improperly performing work or 36 Agreement - 5 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 COUNTY'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. (6) CONTRACTOR submits a false invoice to the COUNTY. 8.4 COUNTY 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 (lo) calendar days to cure the default to the reasonable satisfaction of the COUNTY. If the CONTRACTOR fails to correct or cure within the time provided, COUNTY may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the COUNTY may authorize CONTRACTOR to restore any work sites. 8.5 The CONTRACTOR shall be liable for: (1) any new cost incurred by the COUNTY 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 COUNTY to enforce its rights herein. 8.6 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. COUNTY 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. 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, create pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this agreement 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. 9. MISCELLANEOUS PROVISIONS 9.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees or subcontractors of the CONTRACTOR are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 9.2 Merger; Modification. This Agreement incorporates by reference Request for 37 Agreement - 6 Proposals 2025005 and CONTRACTOR's response. In the event of a conflict between Request for Proposals 2025005, CONTRACTOR's response and this Agreement, this Agreement shall prevail. All other prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein are incorporated herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the COUNTY. 9.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either parry against the other parry or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either parry, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each parry shall bear its own costs. 9.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 9.7 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 9.8 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 9.9 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer 38 Agreement - 7 to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 9.10 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 9.11 Public Records Compliance. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant 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 Consultant or keep and maintain public records required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant 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 Consultant 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. 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 uublicrecords 0 ircgov. com Indian River County Office of the County Attorney 1801 27th Street, Vero Beach, FL 32960 Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. 9.12 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the parry giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: 39 Agreement - 8 Indian River County Attn: Duke Hawkins 18ol 27th Street Vero Beach, FL 32960-3365 Contractor: Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 9.13 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 9.14 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 9.15 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 9.16 Sovereign Immunity. Nothing in this Agreement, is intended to, or shall be interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity. 40 Agreement - 9 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. COUNTY: INDIAN RIVER COUNTY By: Susan Adams, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) CONTRACTOR: COMPANY NAME By: Name: (Corporate Seal) (If CONTRACTOR is a corporation or partnership, attach evidence of authority to sign) Attest: Name: Title: 41 Agreement - io Public Construction Bond INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction payment and performance bond shall contain the information required by Fla. Stat. 255.05(1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05(3) as shown on the second page following this instruction. A Power of Attorney from a surety insurer authorized to do business in Florida, authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond. 42 Agreement - ii Public Work F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: Contractor NAME: Contractor ADDRESS: Contractor PHONE NO: SURETY COMPANY NAME: SURETY PRINCIPAL BUSINESS ADDRESS: SURETY PHONE NO: COUNTY NAME: COUNTY ADDRESS: COUNTY PHONE NO: OBLIGEE NAME: (If contracting entity is different from the COUNTY, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NO: (If applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that maybe printed thereon. 43 Agreement - 12 PUBLIC CONSTRUCTION BOND Bond No. (enter bond number) BY THIS BOND, We , as Principal and , a corporation, as Surety, are bound to herein called COUNTY, in the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated between Principal and COUNTY for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays COUNTY all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that COUNTY sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON a (Name of Principal) (As Attorney in Fact) (Name of Surety) Agreement - 13 44 Exhibit i — Proposal Price Form Agreement -14 45 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: October 3, 2024 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager - Capital Projects Subject: AtkinsRealis USA Work Order 6 for Staff Augmentation/Support Services Descriptions and Conditions: The Engineering Section within the Indian River County Department of Utility Services (IRCDUS) General & Engineering Division (235) provides utility -wide Technical Support Services, including engineering, capital projects delivery, construction inspection, infrastructure asset management, development of utility design reviews and permitting, and geographic information system (GIS) services. The IRCDUS capital improvement plan (CIP) under management comprises approximately 200 projects planned for the next five (5) years. IRCDUS is in the process of recruiting to fill vacant engineering and project management staff positions to bolster its resources for oversight and management of the CIP. The vacancies have created a void in the Engineering Section's capacity to efficiently manage and execute CIP projects. To fill the immediate needs for engineering and project management resources, IRCDUS has turned to the consulting community for Staff Augmentation/Support Services. On October 17, 2023, Work Order (WO) 2 was issued to AtkinsRealis USA (AtkinsRealis), pursuant to their Continuing Contract Agreement dated May 2, 2023, for said services. Subsequently, WO 3 was issued on November 7, 2023, for continuation of services through September 30, 2024. Analysis: IRCDUS, in conjunction with the Human Resources Department (HR), is implementing aggressive recruiting measures with a goal to fill key vacant positions by the end of the calendar year. The plans include expanding job listing boards to get more visibility into the labor market in the hopes of reaching qualified resources to attract them to apply for these positions. To continue with addressing the staff gap, IRCDUS would like to continue with AtkinsRealis Staff Augmentation/Support Services. Upon request, AtkinsRealis provided the attached WO 6 for the continuation of its services, in the amount not -to -exceed $75,000.00. Should these new recruiting efforts not be successful, IRCDUS will come back to the BCC at a later date to request additional budget to continue with the services until the positions are filled. 46 Consent Item Funding: Expenses in the amount of $75,000.00 for these services will be derived from the Utilities/Gen & Eng/Other Professional Services account, number 47123536-033190, in the Utilities operating fund. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount Utilities/Gen & Eng/Other Professional Services 47123536-033190 $75,000.00 Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve Work Order 6 with AtkinsRealis USA in the not -to -exceed amount of $75,000.00 to provide Staff Augmentation/Support Services, while the Department of Utility Services, in conjunction with Human Resources, continue recruitment to fill vacant positions and authorize the Chair to execute the same. So long as there are no changes in the dollar amount under the work order and upon adequate completion of the work set forth in the work order, staff is directed to make final payment and release any retainage to AtkinsRealis USA. Attachments: AtkinsRealis Staff Augmentation/Support Services — Scope of Services 47 ENGINEERING SERVICES WORK ORDER 06 This Work Order Number 06 is entered into as of this _ day of , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and AtkinsRealis USA, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this:reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B of the Agreement (Rate Schedule)for RFQ 2023015, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT - By: Name: Chris Rader Title: Senior Division Manager BOARD OF COUNTY COMMISSONERS OF INDIAN RIVER COUNTY: By: Susan Adams, Chairman BCC Approval Date: By: John A. Titkanich, Jr., County Administrator Approved as to Form and Legal Sufficiency: By: Christopher A. Hicks, Asst County Attorney Ryan L. Butler, Clerk of Court and -Comptroller Attest: Deputy Clerk (SEAL) 4 M EXHIBIT A INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES WORK ORDER NO.6 STAFF AUGMENTATION/SUPPORT SERVICES Scope of Services Background This Work Order is to provide support services to the Indian River County Department of Utility Services (IRCDUS) on various ongoing utility projects, including treatment facilities, sewer lines, water lines, and stormwater infrastructure. Services will be provided for miscellaneous field and office activities such as emergency repairs, replacements of pipe and equipment, general project management, asset management, GIS, and engineering. Services will be provided based on time and materials (T&M), in accordance with the Continuing Contract Agreement for Consulting Engineering Services of May 2023 (Continuing Contract), and as shown in Exhibit B. Scope of Services The Scope of Services for this Work Order is to provide staff support to Indian River County Department of Utility Services and, therefore, has no fixed scope, defined tasks, or firm deliverables. Staff augmentation and as -needed services will be provided until the not -to - exceed (NTE) limits of compensation are reached; whereupon this scope of services will be deemed complete or will be amended. Additional funds can be added to the Work Order at any time under the same terms if agreeable to both parties. TASK 01 STAFF AUGMENTATION & SUPPORT Staff augmentation and support services will be provided to IRCDUS on an as -needed basis. All services will be performed under one task. Examples of services that may be performed under the Work Order include: • AtkinsRealis project administration including workload management, quality control, invoicing and general coordination with IRCDUS Staff. • General Work Plans defining both planned and emergency repair of water and wastewater infrastructure for use in contracting with a design firm for Engineer of Record (EOR) services. 1 49 ExhibitA W06 Staff Augmentation/Support Services U AtkinsRealis • Project management and project controls to assist in oversight of design activities, project schedules, preliminary review of invoices; and review of design deliverables. • Construction services including construction site inspections, review of draft:contractor pay requests, submittal reviews, and project close-out. • Collaboration with IRCDUS to prepare and/or update asset management databases. TASK 02 EXPENSES All expenses incurred as a result of performing staff augmentation and support will be billed to IRCDUS. This includes but is not limited to print services and travel. Assumptions The following assumptions have been made in the development of this scope of work. • AtkinsRealis will assign a project manager (PM) acceptable to the IRCDUS and who will act as the main point of contact. • AtkinsRealis will have the flexibility to assign appropriate staff for the activities that the IRCDUS requests. • AtkinsRealis will review drafts of invoices and pay requests. Final acceptance of submitted invoices and Contractor pay requests will be the responsibility of the IRCDUS. • AtkinsRealis may be able to assign multiple staff during any particular week and/or other time period if the needs of IRCDUS mandate that assignment. • The AtkinsRealis PM will communicate with IRCDUS on a weekly basis as to the anticipated number/type and total hours of staffing. IRCDUS has the right to limit hours and/or staffing at any time and will only be invoiced for hours incurred prior to the communication to reduce overall staffing. • AtkinsRealis' traditional internal QA/QC procedures will not be provided unless requested by IRCDUS or deemed necessary by the AtkinsRealis PM. • Expenses will be billed directly and will include appropriate documentation. • Upon meeting the not -to -exceed fee associated with this Work Order, staff augmentation will end regardless of the status of individual tasks or the overall Work Order. AtkinsRealis is not responsible for any delays or impact to work caused by exhaustion of the NTE limit. • Should a subconsultant be required/utilized, the costs associated with those services will be provided to IRCDUS for approval prior to engagement and billed in accordance with the existing contract terms. The costs associated with the subconsultant services will be deducted from the overall available funding. • AtkinsRealis Staff will not be requested to, nor provide services for, projects that will become Requests for Proposals (RFP) for core engineering services provided by Ira 50 ExhibitA W06 StaffAugmentation/Support Services M M U AtkinsR6alis AtkinsR6alis as defined in the Continuing Services Agreement. IRCDUS Staff, to every extent possible, will secure such RFPs from access by AtkinsR6alis Staff. Schedule Supplemental Staff will be provided on an as -needed basis upon receipt of the formal issuance of the signed Work Order and a Notice to Proceed (NTP) by the IRCDUS. Compensation AtkinsR6alis' labor services will be billed on a Time and Materials (T&M) basis using the Billing Rates (Exhibit B) associated with the Continuing Services Agreement. Staff augmentation and as -needed services will be provided until the not -to -exceed (NTE) limits of compensation are reached; whereupon this scope of services will be deemed complete or can be amended by mutual agreement. All work will cease until additional authorization is received at which time services can restart. All services provided shall be invoiced monthly and the invoices shall include the staff employee, wage rate title, billable rate, hours charged, expenses, and will include a general description of the services provided. AtkinsR6alis will provide the County with a weekly projection of time that will be incurred and will make a good faith effort to deliver services within the hours specified and the schedule communicated to the County. IRCDUS will be invoiced for all hours and expenses incurred. It is understood that some variation may occur, in which case invoices may not align with the weekly projections. The anticipated break down of labor and expenses is presented below. This breakdown is an estimate only and is subject to change based on workload. Therefore, budgets between the tasks and expenses may be interchangeable upon approval by the IRCDUS. Task Description Price Task 01 Staff Augmentation & Support $70,000.00 Task 02 Expenses $ 5,000.00 Total $75,000.00 3 51 Exhibit B Cost Detail 52 i �CrAfidn:. Indian River County Continuing Engineering Services RFQ 2023015 AtkinsRealis Billing Rates Services under this Work Order are to be performed on a T&M basis at the following rates. The NTE limit for labor and expenses is $150,000.00. AtkinsRealis Billing Rates Schedule Labor Category * Proposed Billing Rate Principal Technical Professional $290.00 Sr. Project Manager $260.00 Sr Engineer IV $260.00 Chief Scientist $249.00 Sr. Landscape Architect IV $238.00 Project Manager $226.00 Sr. Engineer III $208.00 Chief Designer $196.00 Construction Estimation/Scheduling $184.00 Sr. Scientist II $184.00 Sr Engineer II $178.00 Sr. GIs Analyst III $172.00 Sr. Landscape Architect III $172.00 Sr Designer II $166.00 Sr Engineer 1 $154.00 Sr Designer 1 $154.00 Engineer III $154.00 Sr. Scientist 1 $148.00 GIS Analyst $143.00 Engineer II $131.00 Engineer 1 $125.00 CAD Technician II $113.00 Scientist II $113.00 Scientist 1 $101.00 Engineer Intern $95.00 Administrative Assistant $95.00 Landscape Architect 1 $83.00 * Representative titles only - not intended to capture all titles necessary for assignments. 53 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: October 1, 2024 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager — Capital Projects Subject: Florida Department of Transportation Utility Work by Highway Contractor Agreement for Utilities Relocation on CR-510/85th Street from 87th Street to West of 82nd Avenue, FDOT Financial Project ID: 405606.8 Descriptions and Conditions: The Florida Department of Transportation (FDOT) is developing plans to widen County Rd 510 (CR-510)/85th Street between County Rd 512 (CR -512) to 58th Avenue. The CR-510/85th widening is divided into the following four (4) segments identified by the FDOT Financial Project ID: • CR -512 to 87th Street — 405606.7 • 87th Street to West of 82"d Avenue — 405606.8 • West of 82nd Avenue to Powerline Road —405606.5, and • Powerline Road to 581h Avenue — FM#405606.6. The approximately 5.22 miles of existing two-lane roadway will be widened to a four -lane roadway divided roadway with curb and gutter. The proposed roadway improvements will include drainage structures in the form of curb inlets approximately every 500 linear feet. Indian River County Department of Utility Services (IRCDUS) owns and operates two large water and wastewater mains within the existing CR-510/85th Street right-of-way (ROW). Specifically, there is a 12 -inch PVC force main along the south side and a 16 -inch water main along the north side. The force main conveys domestic wastewater from multiple locations including Sebastian River High School, Treasure Coast Elementary, parts of Sebastian and flows generated within the City of Fellsmere. The water main provides potable water to the same locations including Vero Lake Estates, provides looped water service, and is a major transmission main used for fire flow purposes. The FDOT widening of CR-510/85th Street will require relocation of the IRCDUS water and wastewater mains (utilities) within the ROW which is currently undergoing the design phase. On February 28, 2020, the Indian M Consent Item River County Board of County Commissioners (BCC) entered into two (2) separate Utility Design by FDOT Consultant Agreements for design of IRCDUS utilities relocation: 1) CR -512 to West of 82nd Avenue, and 2) West of 82"d Avenue to 58th Avenue. For the construction phase of CR-510/85th Street widening related to IRCDUS utilities relocation, the BCC approved Utility Work by Highway Contractor Agreement (UWHCA) with FDOT on April 9, 2024, for the segment from CR -512 to 87th Street (Financial Project ID: 405606.7) for the amount of $2,916,664.80, plus 2% for incremental costs for the Utility Work ($58,333.30) and 10% contingency fund ($291,666.48) for a total, including markup, of $3,266,664.58. The BCC also approved an additional 20% contingency reserve ($653,332.92) for a total working budget of $3,919,997.50 for construction of this segment of the FDOT project. Analysis: For continuation of the construction phase of CR-510/85th Street widening related to IRCDUS utilities relocation for the segment from 87th Street to West of 82"d Avenue (Financial Project ID: 405606.8), FDOT has provided the attached UWHCA. FDOT's initial estimate of the cost of the Utility Work is $ 2,772,403.20. The UWHCA requires the amount payable to FDOT plus 2% for incremental costs for the Utility Work ($55,448.06), including mobilization of equipment, additional maintenance of traffic, administrative costs of field work, tabulation of quantities, final estimate processing, and project accounting; plus 10% for a contingency fund ($277,240.32) to be used for changes to the utility work during the construction. The total estimate from FDOT with 12% markup is $3,105,091.58. IRCDUS proposes an additional 20% contingency reserve, or $621,018.32, based on recent utility relocation work experience on a UWHCA project with FDOT. This additional contingency reserve would be retained by IRCDUS for the sole purpose of covering cost escalations over and above the FDOT initial cost estimate, plus markup. The total working budget for the construction phase of CR-510/85th Street widening, related to utilities relocation from 87th Street to West of 82nd Avenue, is $3,726,109.90. Funding: Expenses, in the amount of $3,726,109.90, for this project will be recorded in the Utilities/WIP/CR510 Utility Main Relocations account, number 471-169000-20510. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/WIP/CR510 Utility Main Relocations 471-169000-20510 $3,726,109.90 Recommendation: Staff recommends that the Board approve the Utility Work by Highway Contractor Agreement with the Florida Department of Transportation for construction of CR-510/85th Street widening from 87th Street to West of 82nd Avenue utilities relocation, and the budget of $3,726,109.90 with $3,105,091.58 payable to W Consent Item Florida Department of Transportation and $621,018.32 retained by Indian River County Department of Utility Services for cost escalations and authorize the Chair to execute the same. So long as there are no changes in the approved dollar amounts, staff is directed to make payments to the Florida Department of Transportation. Attachments: Utility Work by Highway Contractor Agreement (UWHCA) at Utility Expense 56 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) Financial Project ID: 405606-8-56-01 Federal Project ID: Financial Project ID: Financial Project ID: Financial Project ID: County: Indian River State Road No.: N/A District Document No: Utility Agency/Owner (UAO): Indian River County THIS AGREEMENT, entered into this day of year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and Indian River County, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as CR -510/851h Street to 87th Street to West of 82nd Avenue, State Road No.: N/A, hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: Design of Utility Work UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or before , year of The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. Page 1 of 10 57 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTIoto- 22 UTILITIESS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. f. UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages: Production. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. i. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: Everything not specifically included in the scope of services. These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: TBD (Note: It is the intent of this line to allow either attachment of or separate reference to the permit). 2. Performance of Utility Work The FDOT shall incorporate the Plans Package into its contract for construction of the Project. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. C. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent (10%) and Page 2 of 10 58 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTIoto- 22 UTILITIESS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 10 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the FDOT's contractor. If the UAO elects to remove the Utility Work from the FDOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package, except for the following activities: General Engineering Inspection and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. i. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a. b. The initial estimate of the cost of the Utility Work is $2,772,403.20. At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. C. At least forty-five (45 ) calendar days prior to the date on which the FDOT advertises the Project for Page 3 of 10 59 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION »TS UTILL T-TIELIS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-06/19 (AT UTILITY EXPENSE) bids, the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 2% for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the Contingency Fund). Payment of the funds pursuant to this paragraph will be made (choose one): ❑ directly to the FDOT for deposit into the State Transportation Trust Fund ® as provided in the attached Three Party Escrow Agreement between UAO, FDOT and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre -approved by the FDOT Comptroller's Office prior to execution of this agreement. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the LIAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work, The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Page 4 of 10 60 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION � TILITI zz UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-06/19 (AT UTILITY EXPENSE) Subparagraph 3. e. for future use as the Contingency Fund. Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. C. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out -of -Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph e. below. C. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the FDOT or other permittees using or seeking use of the right of Page 5 of 10 61 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILiazz UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-06/19 (AT UTILITY EXPENSE) way The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment forthe cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the UAO. Page 6 of 10 62 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22 UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. (3) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON -GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement Page 7 of 10 63 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 71UTILITIES S UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. C. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Howard Richards,lndian River County Dept. of Utility Services 1801 27th Street, Vero, Beach, FL 32960 hrichards@indianriver.gov (772)226-1821 If to the FDOT: Kadian McLean, District Utilities Administrator 3400 W. Commercial Blvd., Ft. Lauderdale, FL 33309 Kadian.McLean@dot.state.fl.us (954)777-4128 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes To Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for Page 8 of 10 C4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION X S UTTILITIILITI- ES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document. You MUST signify by selecting or checking which of the following applies ® No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document' is attached. ❑ No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: Indian River County BY:(Signature) DATE: (Typed Name: ) (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: John P. Krane, P.E.) (Typed Title: Director of Transportation Development) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: ) (Typed Title: ) DATE: Page 9 of 10 65 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) FDOT Financial Project ID: 405606-8-56-01 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY: By: Susan Adams, Chairman BCC Approval Date: 0 John A. Titkanich, Jr., County Administrator Approved as to Form and Legal Sufficiency: 0 Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk 66 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION X S UTTILITIILITI- ES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OCC -06/19 (AT UTILITY EXPENSE) Page 10 of 9 67 Attachments 405606-8-56-01 1. Exhibit A — Scope of Services 2. Appendix A of Assurances 3. Three Party Escrow Agreement 68 EXHIBIT A Scope of Services 405606-8-56-01 The utility work to be performed under this agreement consists of removal, furnishing, and installing utility pipes, utility fixtures, utility fittings, utility structures, and fire hydrants for Indian River County Water Utilities facilities per plans by Snubbs Consulting, Inc. and summarized below. VJ DESCRIPTION UNITS QUANTITY UTILITY PIPE, REMOVE & DISPOSE, PVC, 12" (EXIST. WATER MAIN) LF 60 1050-16-002 UTILITY PIPE, REMOVE & DISPOSE, PVC, 12" (EXIST. FORCE MAIN) LF 120 1050-16-004 UTILITY PIPE, REMOVE & DISPOSE, DI, 16" (EXIST. WATER MAIN) LF 346 1050-18-003 UTILITY PIPE, PLUG & PLACE OUT OF SERVICE, WATER MAIN, 6" LF 80 UTILITY PIPE, PLUG & PLACE OUT OF SERVICE, WATER MAIN, 8" LF 280 UTILITY PIPE, PLUG & PLACE OUT OF SERVICE, WATER MAIN, 12" LF 480 1050-18-004 UTILITY PIPE, PLUG & PLACE OUT OF SERVICE, FORCE MAIN, 12" LF 2,215 UTILITY PIPE, PLUG & PLACE OUT OF SERVICE, WATER MAIN, 16" LF 2,730 1050-31-203 UTILITY PIPE, F&I, PVC, FORCE MAIN, 3" LF 102 1050-31-204 UTILITY PIPE, F&I, PVC, FORCE MAIN, 4" LF 8 1050-31-206 UTILITY PIPE, F&I, PVC, FORCE MAIN, 6" LF 24 1050-31-208 UTILITY PIPE, F&I, PVC, WATER MAIN, 8" LF 205 1050-31-212 UTILITY PIPE, F&I, PVC, WATER MAIN, 12" LF 675 UTILITY PIPE, F&I, PVC, FORCE MAIN, 12" LF 1,815 UTILITY PIPE, F&I, PVC, REUSE WATER MAIN, 12" LF 1,685 1050-31-216 UTILITY PIPE, F&I, PVC, WATER MAIN, 16" LF 3,422 1050-51-206 UTILITY PIPE, F&I, DI/Cl, WATER MAIN(FIRE HYDRANTS), 6" LF 115 1050-51-216 UTILITY PIPE, F&I, DI/CI, WATER MAIN, 16" LF 130 UTILITY FITTING, F&I, DI/CI, ELBOW, WATER MAIN, 8"-11.25° EA 4 UTILITY FITTING, F&I, DI/CI, ELBOW, WATER MAIN, 8"-22.50° EA 2 1055-51-108 UTILITY FITTING, F&I, DI/CI, ELBOW, WATER MAIN, 8"-45` EA 4 UTILITY FITTING, F&I, DI/CI, ELBOW, WATER MAIN, 8"-90° EA 2 UTILITY FITTING, F&I, DI/Cl, ELBOW, REUSE MAIN, 12"-11.25- EA 8 UTILITY FITTING, F&I, DI/CI, ELBOW, REUSE MAIN, 12"-22.5- EA 4 UTILITY FITTING, F&I, DI/Cl, ELBOW, FORCE MAIN, 12"-11.25- EA 4 UTILITY FITTING, F&I, DI/CI, ELBOW, FORCE MAIN, 12"-22.5- EA 13 1055-51-112 UTILITY FITTING, F&1, DI/CI, ELBOW, FORCE MAIN, 12"-45- EA 8 UTILITY FITTING, F&I, DI/Cl, ELBOW, FORCE MAIN, 12"-90° EA 1 UTILITY FITTING, F&I, DI/Cl, ELBOW, WATER MAIN, 12"-11.2S' EA 7 UTILITY FITTING, F&I, DI/CI, ELBOW, WATER MAIN, 12"-45- EA 4 UTILITY FITTING, F&I, DI/Cl, ELBOW, WATER MAIN, 12"-90° EA 1 UTILITY FITTING, F&I, DI/C, ELBOW, WATER MAIN, 16"-11.2S' EA 11 UTILITY FITTING, F&I, DI/C, ELBOW, WATER MAIN, 16"-22.5- EA 3 1055-51-116 UTILITY FITTING, F&I, DI/C, ELBOW, WATER MAIN, 16"-45- EA 3 UTILITY FITTING, F&I, DI/C, ELBOW, WATER MAIN, 16"-90- EA 2 UTILITY FITTING, F&I, DI/Cl, TEE, FORCE MAIN, 12"x4" EA 1 1055-51-212 UTILITY FITTING, F&I, DI/CI, TEE, FORCE MAIN, 12"x6" EA 1 UTILITY FITTING, F&I, DI/CI, TEE, FORCE MAIN, 12"x12" EA 2 UTILITY FITTING, F&I, DI/Cl, TEE, WATER MAIN, 12"x6" EA 1 UTILITY FITTING, F&I, DI/Cl, TEE, WATER MAIN, 16"x6" EA 4 UTILITY FITTING, F&I, DI/Cl, TEE, WATER MAIN, 16"x8" EA 2 1055-51-216 UTILITY FITTING, F&I, DI/CI, TEE, WATER MAIN, 16"x12" EA 1 UTILITY FITTING, F&I, DI/CI, TEE, WATER MAIN, 16"x16" EA 2 1055-51-508 UTILITY FITTING, F&I, DI/C, CAP/PLUG, WATER MAIN, 8" EA 2 UTILITY FITTING, F&I, DI/CI, CAP/PLUG, WATER MAIN, 12" EA 2 1055-51-512 UTILITY FITTING, F&I, DI/Cl, CAP/PLUG, REUSE MAIN, 12" EA 2 UTILITY FITTING, F&I, DI/CI, CAP/PLUG, FORCE MAIN, 12" EA 1 1055-51-516 UTILITY FITTING, F&I, DI/C, CAP/PLUG, WATER MAIN, 16" EA 7 1060-11-211 UTILITYSTRUCT., BELOW GROUND, F&I, WATER/SEWER,0-80FT3,0.6 EA 3 1080-23-108 UTILITY FIXTURE, F&I, TAPPING SADDLE/SOLID SLEEVE, WATER MAIN, 8" EA 2 UTILITY FIXTURE, F&I, TAPPING SLEEVE, FORCE MAIN, 12" EA 2 1080-23-112 UTILITY FIXTURE, F&I, TAPPING SLEEVE, WATER MAIN, 12" EA 1 1080-23-116 UTILITY FIXTURE, F&I, TAPPING SLEEVE, WATER MAIN, 16" EA 3 1080-24-106 UTILITY FIXTURE, F&I, VALVE ASSEMBLY, WATER MAIN, 6" EA 5 1080-24-108 UTILITY FIXTURE, F&I, VALVE ASSEMBLY, WATER MAIN, 8" EA 2 UTILITY FIXTURE, F&I, VALVE ASSEMBLY, REUSE MAIN, 12" EA 3 1080-24-112 UTILITY FIXTURE, F&I, VALVE ASSEMBLY, FORCE MAIN, 12" EA 5 UTILITY FIXTURE, F&I, VALVE ASSEMBLY, WATER MAIN, 12" EA 2 1080-24-116 UTILITY FIXTURE, F&1, VALVE ASSEMBLY, WATER MAIN, 16" EA 6 1080-25-102 UTILITY FIXTURE, F&I, BLOWOFF ASSEMBLY, 2" EA 1 1080-26-112 UTILITY FIXTURE, F&I, VAC/AIR ASSEMBLY, FORCE MAIN, 12" EA 3 1080-27-112 UTILITY FIXTURE, F&I, LINE STOP ASSEMBLY, FORCE MAIN, 12" EA 2 1080-32-108 UTILITY FIXTURE, F&I, SAMPLE POINT, WATER MAIN, 8" EA 2 1080-32-112 UTILITY FIXTURE, F&I, SAMPLE POINT, WATER MAIN, 12" EA 1 1080-32-116 UTILITY FIXTURE, F&I, SAMPLE POINT, WATER MAIN, 16" EA 3 1644-116-08 FIRE HYDRANT, F&I, STD, 3 WAY, 2 HOSE, 1 PUMPER, (6") EA 4 1644-900 FIRE HYDRANT (REMOVE) EA 4 VJ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS Occ 6/24 (Appendix A of Assurances) Financial Project ID: 405606-8-56-01 Federal Project ID: County: Indian River State Road No.: N/A District Document No: Utility Agency/Owner (UAO): Indian River County During the performance of this Agreement, the Utility Agency Owner (UAO), for itself, its assignees and successors in interest (hereinafter referred to as the UAO), agrees as follows: (1) Compliance with Regulations: The UAO will comply with the Regulations of the FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) relative to nondiscrimination in Federally -assisted programs of the DEPARTMENT (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The UAO, with regard to the work performed by it after award and prior to completion of the UAO work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors, including procurement of materials or leases of equipment. The UAO will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A & B of the Regulations. (3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the UAO for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the UAO of the UAO's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) "Buy America" Requirements: The UAO will use domestic steel and/or iron products incorporated into the finished work in compliance with the Buy America provisions of 23 CFR 635.410 as amended. As used in this provision, "steel and/or iron products" means manufactured products that are predominately steel and/or iron products and that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, "domestic" means products that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through final shaping and coating. If a steel and/or iron product is taken outside the United States for any manufacturing process, it becomes foreign source steel and/or iron products. The UAO may incorporate into the finished work foreign source steel and/or iron products as long as the actual cost of such foreign products does not exceed 0.1 % of the total amount of this Agreement, or $2,500.00 whichever is greater. The UAO will retain documentation verifying compliance with the Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. Upon request, the UAO will provide the documentation verifying compliance with the Buy America provision of this Agreement. (5) Additional "Buy America" Requirements: The UAO will comply with 2 CFR 184 and 2 CFR 200.322, which includes the Buy America Preferences for Infrastructure Projects of the Build America, Buy America Act (BABA) and Domestic Preferences for Procurements. The UAO will use Manufactured Products that are consumed in, incorporated into, or affixed to an infrastructure project that are manufactured in the United States, in accordance with BABA requirements and applicable waivers. The UAO will use non-ferrous metals, plastic and polymer -based products, glass, lumber, and drywall articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project that are manufactured in the United States, in accordance with BABA requirements. As used in 2 CFR 184, "construction material" means materials that are predominately non-ferrous metals, plastic and polymer -based products, glass, optical fiber, fiber optic cable, lumber, and drywall articles, materials, and supplies that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, "domestic" means construction materials that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through final shaping and coating or as defined in 2 CFR 184. If a construction material is taken outside the United States for any manufacturing process, it becomes foreign source construction material. 70 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-MO40 OS REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS oec er (Appendix A of Assurances) The UAO will retain documentation verifying compliance with the Build America, Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. Upon request, the UAO will provide the documentation verifying compliance with the Build America, Buy America provision of this Agreement. The UAO will provide a certification with the invoice that states the following: "The UAO certifies that all products that are predominately steel and/or iron are domestic products in compliance with the Buy America provisions of 23 CFR 635.410. The UAO certifies that all products that are predominately construction materials are domestic products in compliance with the Buy America provisions of 2 CFR 184. The UAO certifies that all manufactured products are domestic products in compliance with the Buy America provisions of 2 CFR 184 and applicable waivers." (6) Information and Reports: The UAO will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the UAO is in the exclusive possession of another who fails or refuses to furnish this information, the UAO shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (7) Sanctions for Noncompliance: In the event of the UAO's noncompliance with the nondiscrimination provisions of paragraphs (1) through (4), the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the Agreement until the UAO complies; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (8) Incorporation of Provisions: The UAO will include the provisions of paragraph (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The UAO will take such action with respect to any subcontract, procurement or lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the UAO becomes involved in, or is threatened with, litigation with a subcontractor, supplier or lessor as a result of such direction, the UAO may request the State to enter into such litigation to protect the interests of the State, and, in addition, the UAO may request the United States to enter into such litigation to protect the interests of the United States. 71 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), Indian River County ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. WHEREAS, FDOT and Participant are engaged in the following project ("Project"): Project Name: CR-510/85th Street to 87th St. to West of 8211 Ave. Project #: 405606-8-56-01 County: Indian River WHEREAS, FDOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: An initial deposit will be made into an interest-bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes, The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. 72 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss due to the acts or omissions of FDOT and Participant, nor from any separate agreements between FDOT and Participant and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDOT and Participant. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent that the account is to be closed. The remainder of this page is blank. 73 IN WITNES$ WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FDOT-OOC (signature) Name and Title 59-3024028 Federal Employer I.D. Number Date FDOT Legal Review: For Escrow Agent (signature) Name and Title Date For PARTICIPANT (signature) Name and Title Federal Employer I.D. Number Date 74 THREE PARTY ESCROW AGREEMENT Project Name: CR-510/85th Street to 87th St. to West of 82nd Ave. Project #: 405606-8-56-01 County: Indian River BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY: For PARTICIPANT (signature) Susan Adams, Chairman Name and Title 59-6006674 Federal Employer I.D. Number Date 75 0 Ly CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: Zac Portwood, Acting Director, Information Technology FROM: Michael Staudt, Manager, GIS Division DATE: October 3, 2024 SUBJECT: Renewal of Esri Small Government Enterprise Agreement BACKGROUND Environmental Systems Research Institute, Inc, (ESRI) of Redlands, California, is the sole developer and provider of the ArcGIS Geographic Information Systems (GIS) and Mapping software and all associated software maintenance and support agreements. ESRI's GIS software includes a vast array of software products used to produce and maintain Indian River County GIS Services. The Indian River County Board of County Commissioners originally declared ESRI as sole source on 3/4/2008 and renewed that designation on 12/1/2020. The County signed the first ESRI Small Government Enterprise Agreement on September 14, 2021. Included in the agreement are uncapped quantities of ArcGIS Desktop software for County staff, ArcGIS Enterprise software for the GIS Portals as well as ArcGIS Online (AGOL) for up to 1000 users, with 110,000 AGOL Service Credits and other benefits. FUNDING The total cost of the three-year agreement is $377,250 .00. The agreement allows for the fees to be paid in three annual payments of $125,750.00 each. Funds for the first year of the agreement are budgeted in the Fiscal Year 2024-2025 GIS Division budget, Account# 50510319-035120 in the amount of $125,750.00 for Small Government Enterprise Agreement Annual subscription. - - --- - _ __ --.- GL Name Bud ete( 50510319-035120 Information Technology Fund/Geographic $125,750 Information Systems/ Computer Software Funding for years two (2) & three (3) of the agreement will be requested in the GIS Division budgets for those years at a rate of $125,750.00. Page 1 of 2 76 RECOMMENDATION Staff recommends the Board approve the ESRI Small Government Enterprise Agreement and authorize the Chair to sign it. ATTACHMENTS: 1. ESRI Quote # Q-512335 2. ESRI Small Enterprise Agreement County and Municipality Government (E214-5) Page 2 of 2 77 TME esrr I OF wN REE Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-3134175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 101112024 To: 12/3012024 Quotation # Q-512335 Date: October 1, 2024 Customer # 115299 Contract # County of Indian River Board of County Commissioners 1800 27th St Vero Beach, FL 32960-0310 ATTENTION: Michael Staudt PHONE: 7722261609 EMAIL: mstaudt@ircgov.com 168181 1 Year 1 $125,750.00 $1:25,750.100 Populations of 125,001-150,000 Small Government Enterprise Agreement Annual Subscription 168181 1 Year 2 $125,750.00 51:2050.00 Populations of 125,001-150,000 Small Government Enterprise Agreement Annual Subscription 168181 1 Year 3 $125,750.00 $125,750.00 Populations of 125,001-150,000 Small Government Enterprise Agreement Annual Subscription Subtotal: $377,250.00 Sales Tax: $0.00 Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00 Total: $377,250.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management. procurement, or invoice program. For questions contact: Email: Phone: Ben McCrary bmccrary@esri.com 704-541-9810 x1666 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at httrs://assets.esri.com/contenUdam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at his://Qo.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third -party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or usedlpany other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. Iii MCCRARYB This offer is limited to the terms and conditions incorporated and attached herein. Esri Use Only: Cust. Name Cust. # _ PO # _ Esri Agreement # SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-5) j#esri THE scrErrce `� OF WHERE This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Runtime Standard ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 1,000 ArcGIS Online Viewers 1,000 ArcGIS Online Creators 110,000 ArcGIS Online Service Credits 1,000 ArcGIS Enterprise Creators 10 ArcGIS Insights in ArcGIS Enterprise 10 ArcGIS Insights in ArcGIS Online 100 ArcGIS Location Sharing User Type Extension (Enterprise) 100 ArcGIS Location Sharing User Type Extension (Online) 18 ArcGIS Advanced Editing User Type Extension (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee Page 1 of 6 Novembe"2023 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed (Customer) By: Authorized Signature Printed Name: Title: Date: Contact: Address: City, State, Postal Code: Country: Quotation Number (if applicable): CUSTOMER CONTACT INFORMATION Telephone: Fax: E-mail: Page 2 of 6 Novembe"2023 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization (s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. i i 2.0 -ADDITIONAL GRANT OF UcENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third -party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government - Page 3 of 6 Novembe"2023 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 4.0—PRODUCT UPDATES 3. At a minimum, Tier 1 Support will include those activities that assist the user in 4.1 Future Updates. Esd reserves the right to resolving how-to and operational questions update the list of Products in Table A—List of as well as questions on installation and Products by providing written notice to troubleshooting procedures. Customer. Customer may continue to use all Products that have been Deployed, but support 4. The Tier 1 Help Desk will be the initial point and upgrades for deleted items may not be of contact for all questions and reporting of a available. As new Products are incorporated into Case. The Tier 1 Help Desk will obtain a full the standard program, they will be offered to description of each reported Case and the Customer via written notice for incorporation into system configuration from the user. This the Products schedule at no additional charge. may include obtaining any customizations, Customer's use of new or updated Products code samples, or data involved in the Case. requires Customer to adhere to applicable additional or revised terms and conditions in the 5. If the Tier 1 Help Desk cannot resolve the Master Agreement. Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The 4.2 Product Life Cycle. During the Term of Tier 1 Help Desk will provide support in such Agreement, some Products may be retired or a way as to minimize repeat calls and make may no longer be available to Deploy in the solutions to problems available to identified quantities. Maintenance will be subject Customer's organization. to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, 6. Tier 1 Help Desk individuals are the only which can be found at individuals authorized to contact Tier 2 https://support.esri.com/en/other- Support. Customer may change the Tier 1 resources/product-life-cycle. Updates for Help Desk individuals by written notice to Products in the mature and retired phases may Esri. not be available. Customer may continue to use Products already Deployed, but Customer will b. Tier 2 Support not be able to Deploy retired Products. 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to Page 4 of 6 NovembeW22023 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0 -ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past -due balance. c. Esri's federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship -to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill -to and ship -to addresses (2) Order number (3) Applicable annual payment due Page 5 of 6 Novembe"2023 9.0 -MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Page 6 of 6 NovembeW42023 CONSENTAGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 8, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Emergency Services Director Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Work Order #2 to EDB for Fire Station 15 Design BACKGROUND: On January 9, 2024, the Board approved a continuing architectural services agreement with Edlund, Dritenbas, Binkley Architects and Associates, P.A. ("EDB"). Under Chapter 287.055, Florida Statutes, continuing services agreements may be utilized to obtain professional services for projects with estimated construction value of $7.5 million or less. DISCUSSION• Staff is ready to pursue design of new Fire Station 15, to be located at Solo 87rn Street, and asked EDB to submit the attached scope of work, and associated Work Order #2 to prepare design documents based on the plans they developed for Fire Station 7. FUNDING• Funding, in the amount of $309,100, will come from the Optional Sales Tax/Fire Services/Fire Station #15 Construction account, number 31512022-o66510-20032. Account Description Account Number Amount Optional Sales Tax/Fire Services/Fire Station #15 31512022-066510-20032 $309,100 Construction RECOMMENDATION: Staff recommends the Board of County Commissioners approve Work Order#2 to EDB and authorize the Chairman to sign, after review and approval by the County Attorney as to form and legal sufficiency. Attachment: EDB Work Order #2 85 :a i P'l i=M BV ENGINEERING, INC. MOIA BOWLES VILLAMIZAR &A OCIATES www.mbveng.com CA #3728 October 7, 2024 Mr. John Binkley Via E -Mail (edbvero@bellsouth.net) Edlund, Dritenbas, Binkley Architects, P.A. 65 Royal Palm Pointe, #D Vero Beach, FL 32960 Subject: Proposal / Contract for Professional Engineering Services for the Indian River County Fire Station 15 Indian River County, Florida Engineer's Project Number: 24-0399 Contractee: Mr. John Binkley Dear Mr. Binkley: At your request, we are hereby submitting our proposal to provide professional services for the above subject project. A. Description of Project and Services: As per our coordination, it is our understanding you are looking to develop a 10.5 +/- acre, RS- A zoned property located at 9010 87th Street in Indian River County. Furthermore, we understand you are looking to construct a 9,000 +/- SF Fire Station building (Fire Station #15) with required site improvements including paving, stormwater, utilities, and landscaping. As such, please find below our proposed scope of services for the above-described development. B. Scope of Work / Services: Based on our understanding of the rules and regulations of the governing agencies, our performance of the work would include the following services and disciplines, as needed and/or required: Task 1— Survey Services (SUR -1) This task includes all items to provide surveying and mapping services for the subject project. 1. Boundary survey with improvements. 1635 20th Street i2ir(p Vero Burch, R 32960 772569.0035 I : Fax 772778.3617 F* 321, =I ■ Mr. John Binkley October 7, 2024 Page 2 Proposal: 24-0399 2. Depict all easements/ right of ways shown on Record Plat or known to surveyor. 3. Depict current flood zone lines, if applicable. 4. Project scope area for topographic and tree survey to commence at the southwest corner of 87th Street and 91' Avenue and extend north approximately 500 feet and easterly to the west edge of the existing retention pond. 5. Topographic survey, minimum 50 -foot grid within project scope area. 6. LiDAR scanning for enhanced elevation saturation and mapping within project scope area. 7. Locate desirable trees 8" dbh and above within project scope area. 8. Locate visible above ground utilities with elevations where applicable within project scope area. 9. Locate and depict visible sanitary sewer force main markers at the intersection of CR 510 and 87th Street. 10. Locate and depict visible water main markers along 87th Street between 91St Avenue and CR 510. 11. Locate existing drainage structures including rim elevation, pipe invert, size, type and direction within project scope area. 12. Locate and depict west edge of retention pond on adjacent parcel via top of bank and top of water elevations within project scope area. 13. Provide sufficient elevations on site to determine existing drainage patterns. 14. Provide 6 certified copies of the completed survey, including all the above. 15. Provide a PDF copy of the survey, upon request Task 2 — Environmental Consulting Services (ENV -1) 1. Environmental Impact Report a. Flora and Fauna Study b. Soils Study C. Hydrology Study d. Wetland Determination e. Other Surface Water Determination f. Protected Species Determination g. GIS Mapping by Aerial Interpretation and Ground Truthing h. PDF file of the completed report 2. Gopher Tortoise 100% Suitable Habitat Survey a. Burrow Flagging and Location b. GIS Mapping of all burrows C. Population Estimate d. Relocation Estimate (if applicable) e. Gopher Tortoise Survey Update within 90 days prior to commencement 92 ■ Mr. John Binkley October 7, 2024 Page 3 Proposal: 24-0399 3. State Environmental Resource Permitting Assistance a. Coordination w/SJRWMD, IRC, Engineer, Surveyor for Environmental Resource Permitting b. Lake/Pond SHWL Determination C. Coordinate with FWS and FWC regarding protected species impacts d. RAI coordination with State Permit Reviewers Task 3 — Civil Preliminary Coordination & Pre -Application Meetings (CIV -1) This task includes the below services associated with the preliminary civil engineering coordination and Pre -Application meetings with the below jurisdictional agencies in preparation for design and permitting phase. 1. Project coordination with the following regulatory agencies: a. Indian River County (IRC) b. Sebastian River Improvement District (SRID) C. St. John's River Water Management District (SJRWMD) 2. Development of Conceptual Site Plan layout to be utilized for agency pre -application meetings. Architect to provide MBV abuilding footprint layout to be used in all Civil plans. 3. Coordination with Client/IRC prior to Pre -Application meetings with jurisdictional agencies. 4. Preparation of the following pre -application forms and packages and attendance at meetings: a. IRC pre -application meeting form b. SRID pre -application meeting form C. SJRWMD pre -application meeting form Task 4 — Civil Design & Permitting (CIV -2) This task includes the below services associated with Civil design and permitting of the project. 1. Project coordination with the following regulatory agencies: a. Indian River County (IRC) b. Sebastian River Improvement District (SRID) C. St. John's River Water Management District (SJRWMD) d. Florida Department of Environmental Protection (FDEP) 2. Review of the required boundary, topographic, tree and adjacent roadway survey. It is understood that the existing conditions survey will be provided by others to MBV in both CAD and hard copy formats to be utilized in the design of the project. The cost of survey work has been included in this proposal. See Task I for survey scope. 93 1� Mr. John Binkley October 7, 2024 Page 4 Proposal: 24-0399 3. Review of the subsurface soils investigation. No cost of geotech work is included in this proposal. MBV will assist in identifying approximate soil boring locations needed for the civil portion of the site development. The geotechnical firm shall contract directly with Owner. 4. Attendance at four (4) design development meetings with IRC and project Architect for site plan layout completion. 5. Finalization of the Civil site plan layout. 6. Development of the stormwater adICPR drainage model and calculations for the development's stormwater containment system sizing and runoff analysis. 7. Design of the paving, grading, and drainage system. 8. Design of the on-site utilities. We assume that water and sewer service is available adjacent to the site. No cost of off-site utility design or permitting is included in this proposal. 9. Coordination with the project Architect. It is understood the Architect will provide all final building layouts, inclusive of MEP utilities, to MBV in CAD formats to be used in the development of the site construction documents. MBV will provide Civil design plan documents in CAD formats as requested by the project Architect throughout the course of the design and permitting phase. 10. Project coordination with the landscape architect. MBV shall coordinate with the Landscape Architect during the design process and provide CAD base plans as required for the development of the Landscape Plans and details. Landscape architect shall provide all landscape design plans and responses to comments as needed for project permitting. The cost of landscape design and permitting services has been included in this proposal. See Task 8 for Landscape Design scope. 11. Project coordination with the Environmentalist. MBV shall coordinate with the project Environmentalist during the design process and provide CAD base plans as required for the development of any Environmental documents. The Environmental consultant shall provide all reports, plans, applications, and responses to comments as needed for project permitting. The cost of Environmental services has been included in this proposal. See Task 2 for Environmental scope. 12. Development of civil construction plans consisting of, or a combination thereof: • Cover Page • General Notes Plan • Existing Conditions Plan • Demolition Plan • Erosion Control Plan and Details • Site Plan • Paving, Grading and Drainage Plan • Utility Plan • Cross Sections Plan • Site Details Plan 94 =' 19 Mr. John Binkley October 7, 2024 Page 5 Proposal: 24-0399 • Paving, Grading and Drainage Details Plans • Utility Details Plan 13. Preparation of the following design reports for the subject project: • Stormwater Management Calculations • Lift Station Calculations 14. Preparation of the following permit applications: a. IRC Major Site Plan b. IRC Land Clearing C. IRC Tree Removal d. IRC Concurrency (Conditional and Final) e. IRC Stormwater f. IRC Right -of -Way g. IRC Utilities h. IRC Fire Review i. SRID Connection/Discharge j. SJRWMD Environmental Resource Permit k. FDEP Water Distribution 1. FDEP Wastewater Collection In. FDEP NPDES Notice of Intent 15. Submission of civil plans and application packages to permit agencies. 16. Attendance at the IRC Technical Review Committee meeting. 17. Coordination with jurisdictional agency representatives and Owner on agency review comments. 18. Final Construction drawing revisions per jurisdictional comments and resubmittal to agencies for final approvals. Task 5 — Cost Estimates (CIV -3) This task includes development of two (2) cost estimates (50% Design Phase and 100% design phase) for the Civil portion of the project. Task 6 — Bidding Services (CIV -4) The COUNTY shall be responsible for setting the providing the front-end bid documents, bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. MBV will provide the following in support of the bidding phase: 1. Preparation of Civil Documents for Bidding (Electronic (PDF) and Hard Copy formats). 2. Transmittal of Final Cost Estimate for 100% Plans. 3. Attendance at (1) Pre -Bid Meeting. =, ■ Mr. John Binkley October 7, 2024 Page 6 Proposal: 24-0399 4. Response to requests for additional information (RAIs) for bidders. NOTE: All Civil construction specifications will be on the applicable plan sheets in lieu of a specifications manual The Consultant will prepare a pdf file of the final bid package for the COUNTY's use in distribution to prospective bidders via DemandStar. Task 7 — Construction Administration and Certifications (CIV -5) This task includes construction inspections and certifications as required by the local and state regulatory agencies, in addition to the inspections required by the Engineer of Record, to provide final certifications. 1. Attendance at (1) pre -construction meeting at the County for the project construction phase kick-off with the selected contracting team and applicable governmental agencies. 2. Attendance at the bi-weekly construction meetings every other week at the site during the Construction Phase. It is assumed the bi-weekly meetings will continue until the project has obtained substantial completion as deemed by County and assumes a total of twelve (12) meetings (6 -month construction phase) for the Sitework portion. 3. Review/approve or take other appropriate action in respect to shop drawings and which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or related to safety precautions and programs. 4. Responses to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the contract documents as appropriate to the orderly completion of Contractor's work. 5. Provide assistance to Architect with recommend Change Orders and will review and make recommendations related to change orders submitted or proposed by the contractor for the site civil portion. 6. Attendance at four (4) miscellaneous field meetings requested by GC, Architect or County and provide coordination services to the team representatives as required for the civil site work related items to assist with construction related issues or concerns. 7. Attendance at one force main installation inspection (pressure test & tap). 8. Attendance at the potable and fire mains pressure testing inspection, flushing inspections, and bacteriological testing reviews. 9. Conduct one sub -base and one base stringline inspections for the following parking areas. 10. Conduct storm pipe/drainage structures installation inspections. 11. Conduct (1) final inspection for stripping, signage and sodding and overall site completion. 96 In ' Mr. John Binkley October 7, 2024 Page 7 Proposal: 24-0399 12. Review the record drawings as submitted by the Contractor to MBV and provide revisions as needed to Contractor. 13. Preparation and submittal of certification packages to the following jurisdictional agencies: Indian River County, St. Johns River Water Management District and FDEP (Sewer/Water). Erosion Control: Pursuant to the State of Florida NPDES regulations, all construction sites shall be required to conduct weekly NPDES inspections during site -work construction, and monthly inspections during vertical construction, by a certified NPDES Inspector. Inspections will also be required within 24 hours after the site has experienced '/2" or more of rainfall during the construction phase. It is understood the County, or the selected Contractor, will provide the required NPDES Inspections and therefore that scope is not included in this proposal. NOTE: It is assumed the selected contractor will provide the above described erosion control inspection services and is therefore not included in this contract but provided to inform the Owner that these will be needed during construction as required by law. Should the selected contractor not have the required State Certification to conduct these weekly inspections, MBV will be happy to provide a proposal at that time for these services. Task 8 — Landscape Design (LSP -1) Using DWG files provided by others containing a site plan, existing and proposed utilities, and relevant survey information, as well as any existing tree information, we will provide a landscape plan & irrigation plan for the property as required by Indian River County. All plant material will be quantified, coded, and put into a detailed list. Plans will include planting details and specifications. Part I — Landscape Plans 1. Provide a code required landscape plan for all green areas within project scope to include required perimeter buffers, vehicular use areas, building foundation, & open space areas. 2. Provide a tree disposition/mitigation plan for existing trees within project scope. (Tree survey/report to be provided by others if required) 3. Includes (1) modifications to plans due to client comments. 4. Provide signed and sealed landscape plans for government submittal. Part II — Responses to County comments Post Submittal 1. Coordination with government/client during approval process. 2. Provide modifications to plans due to government comments. 3. Provide final approved landscape plans for permit. 97 =' ■ Mr. John Binkley October 7, 2024 Page 8 Proposal: 24-0399 Part III — Irrigation Plans 1. After landscape plan is finalized for submittal, provide irrigation plan for proposed additional landscape that includes mainline, lateral line, valve, & head layout, as well as itemized schedule for construction. 2. Includes (1) modification to plans due to client comments. 3. Coordination with government/client during permit process. 4. If necessary, (1) modification to plans due to government comments are included at no additional fee. Task 9 — Reimbursables This task includes costs and expenses associated with the project. Permit application fees are not included in this Task and will be paid directly by the Owner. MBV will coordinate with the agency and Owner on the required fee and provide to Owner the applicable fee schedules / information from the agency. C. Cost of Work / Services Performed: We propose to provide the above-described services for the following breakdown of fees, excluding direct costs. Task 1 — Survey Services $ 16,450 Task 2 — Environmental Consulting $ 7,500 Task 3 - Preliminary Coordination & Agency Pre -Application Meetings $ 4,000 Task 4 — Civil Design & Permitting $ 48,500 Task 5 — Cost Estimates $ 1,750 Task 6 - Bidding $ 3,500 Task 7 - Construction Administration & Certifications $ 17,500 Task 8 - Landscape Design $ 7,200 Task 9 — Reimbursables $ 2,000 We are available to begin work described herein upon our receipt of your written acceptance of this proposal/contract. This proposal is valid if accepted within sixty (60) days from the date of this proposal/contract. In addition to the above scope, our Agreement shall include and be subject to the conditions in the below Standard Provisions, which are incorporated by reference. 98 9 Mr. John Binkley October 7, 2024 Page 9 Proposal: 24-0399 Should you require further information or clarification, please call. Sincerely, 4odd Howder Vice President Accepted and Agreed to this Corporate Contractee: By: Signature Print Name and Title: Aaron Bowles, P.E. Senior Vice President day of , 20 Individual Contractee and/or Signer for Corporate Contractee acknowledging liability. By: Signature Print Name and Title: 99 STANDARD CONDITIONS: Project Number 24-0399 A. General Obligations and conditions MBV Engineering (The Engineer) shall provide those professional services as specified and detailed in the contract. In rendering these services, MBV Engineering shall applythe skill and care ordinarily exercised by engineers at the same time and locale the services are rendered. Basic Services include reviewing applicable codes and regulations, verifying that the Drawings and Specifications prepared by the Engineer comply with all applicable codes and regulations, and making revisions to the Drawings and Specifications requested by Governmental authorities or the Owner as needed to obtain governmental approvals as included in the scope of work. The Owner shall provide all criteria and information with regard to their requirements for the Project. This shall include, but not be limited to, review and approval of design in the schematic design phase, design development phase, and contract documents phase. These approvals shall include a written authorization to proceed to the next phase. The Engineer shall request and the Owner shall provide those geotechnical investigations, property surveys, utility surveys, reports, and other data necessary for performance of the project team (unless these services are to be provided through this agreement). The Engineer is entitled to rely on the accuracy and completeness of services provided by other design professionals retained by the Owner as such services pertain to the work of the Engineer, except where the exercise of proper care would require independent verification of the accuracy and completeness of said services or Engineer has reason to believe said services are not accurate of complete. This Agreement represents the entire and integrated agreement between the Owner and the Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Engineer. Insurance: MBV Engineering, Inc. will maintain, at its own expense, Workman's Compensation Insurance, Comprehensive General Liability Insurance, and Professional Liability Insurance. NOTE: This proposal becomes a binding contract between the parties when accepted by the client as evidenced by his/her signing and dating this proposal, and communicating it via mail, facsimile, or hand delivery to MBV Engineering, Inc. No changes to this proposal may be made without the written approval of MBV Engineering, Inc. B. Additional Services: Additional Services are those services that arise during the design or construction process and are not included in Basic Services. Examples include, but are not limited to: Construction inspection, coordination and attendance of Planning and Zoning meetings, attendance to neighborhood meetings, design revisions due to neighborhood meetings, Commission meetings, additional coordination meetings, modified site layouts, environmental coordination, off-site utility design and off-site roadway design, revisions that are inconsistent with approvals or instructions previously given by the owner or the agencies. Additional services are also considered those which may not be foreseen at the beginning of the design phase and are not included as basic services, including but not limited to: design of secondary structural elements, provide special inspections, design supports for antennas, flagpoles or special architectural systems, services resulting for changes in the magnitude of the work, architectural layouts or code issues after the preparation of the documents, or services to evaluate substitutions proposed by the contractor or the owner. Additional services will be billed at our current billing rates and are subject to change annually. Current billing rates are as follows: Principal $240 per hour Senior Planner $180 per hour Expert Witness $350 per hour Senior Designer $150 per hour Engineer Associate $215 per hour Technician III $145 per hour Senior Engineer III $210 per hour Technician II $135 per hour Senior Engineer II $205 per hour Technician 1 $110 per hour Senior Engineer 1 $180 per hour Inspector $105 per hour Junior Engineer III $175 per hour Admin. Assistant III $105 per hour Junior Engineer II $170 per hour Admin. Assistant II $95 per hour Junior Engineer 1 $160 per hour Admin. Assistant 1 $70 per hour Project Manager $180 per hour Subconsultant Mgmt. Fee 10% Initial — Client Initial- MBV Ar .. 100 STANDARD CONDITIONS: Project Number: 24-0399 C. Reimbursables Reimbursables are expenses incurred by the Engineer directly in connection with the project such as, but not limited to, transportation, out-of-town travel and subsistence, electronic communications, overnight deliveries, courier services, additional specialized professional services, sales taxes, permits and filing fees for securing approvals from government authorities, renderings or models, Owner authorized overtime above the current hourly rates, expenses for professional liability insurance or additional insurance beyond the normal amount carried by the Engineer and the cost of reproductions. All rates listed below are subject to change annually, and mileage rates are based on IRS regulations and are updated per their direction. 1. Print Costs All photo copies, prints and facsimile transmissions will be billed at the following rates: B/W photo copies: 8 Y:" x 11" $0.10/sheet; 11" x 17" $0.50/sheet Color photo copies: 8 J2" x 11" $0.25/sheet; 11" x 17" $1.00/sheet Plans (24" x 36"): B/W = $1.25/sheet, Color = $4.25/sheet Mylars $24 each CD/flash drive $10.00 each 2. Miscellaneous Mileage shall be reimbursed at $0.67 per mile. Deliveries shall be charged at $15 per delivery. All other reimbursables will be billed at actual costs incurred. 3. Application Fees Any and all application fees required by permitting agencies will be paid for directly by the Owner/ Client. D. Payment: Invoices for our services will be submitted on a monthly basis with payment due upon your receipt of the invoice. A service charge of I %% per month will be billed for late payments on the then outstanding balance. MBV Engineering, Inc. reserves the right, in its sole discretion, to stop performing work/services under this Proposal/Contract if any invoice is not paid within 30 days. Continued performance of work/services by MBV Engineering, Inc. does not constitute a waiver of their right to stop performing work/services in the future. E. Release / Reuse of Documents All documents including drawings, disks, specifications, and reports prepared or furnished by MBV Engineering, Inc. or Engineer's Independent Professional Associates and Consultants pursuant to this agreement are instruments of service in respect of the Project and the Engineer shall retain all ownership and property interests therein, whether or not the project is completed. To that end, the Engineer may exercise his right to execute a copyright notice upon any document prepared by the Engineer in connection with this project. All original documents shall remain the sole property and in the sole possession of the Engineer. Owner/Client will be provided and may retain copies of said documents for his use and information; however, said documents are not intended or represented to be suitable for reuse by Owner/Client or others on extensions of the project or on any other project. Any reuse without express written verification or adaptation by Engineer for the specific purpose intended, will be at Owner's/Client's sole risk and without liability or legal exposure to the Engineer or to the Engineer's Independent Professional Associates and Consultants. Owner/Client shall indemnify and hold harmless the Engineer and Engineer's Independent Professional Associates and Consultants from all claims, damages, losses, and expenses including attorney's fees arising out of or resulting therefrom. F. Release / Reuse of Electronic Data All electronic data including drawings, specifications and reports prepared or furnished by MBV Engineering, Inc. or Engineer's Independent Professional Associates and Consultants pursuant to this agreement are instruments of service in respect of the Project and the Engineer shall retain all ownership and property interests herein, whether or not the project is completed. To that end, the Engineer may exercise his right to withhold the release of any electronic data and evaluate each requires on an individual basis. Any Release/Reuse of Electronic Data agreed upon by the Engineer shall automatically be encumbered by above stated item (E) Release/Reuse of Documents. G. Representations Relating to Work Performed The plans, designs and documents which are subject to this contract shall be prepared in a professional manner consistent with the profession's "Normal Standard of Care." Nevertheless, no representations or warranties are made as to the success, approval, or the issuance of permits on any application submitted by Owner/Client based in whole or in part upon the plans, designs, or documents prepared by MBV Engineering, Inc. Initial — Client Initial- MBV 101 STANDARD CONDITIONS: Project Number: 24-0399 Concurrency: This design and permitting effort neither imply nor guarantees that concurrency will be met at the time of construction of the first phase, or any phases, nor is it the responsibility of MBV Engineering, Inc. to monitor levels or services or infrastructure capacities. Back charges will not be accepted by MBV Engineering, Inc. unless we provide written agreement covering all corrective action and the total amount of the back charge necessary to accomplish the corrective action. Engineer's evaluations of Owner's probable project budget and any opinions of probable construction costs, if rendered as a service under this Agreement, will be made on the basis of Engineer's experience and qualifications and will represent Engineer's best judgment as a qualified design professional familiar with the construction industry. Because the Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, the Engineer does not guarantee or represent that proposals, bids, negotiated prices, or actual construction costs will not vary from the opinions of probable construction costs prepared or agreed upon by Engineer. If the Owner wishes greater assurance as to construction costs, the Owner shall employ an independent cost estimator. H. Dispute Resolution: In the event of any dispute concerning this Proposal/Contract for Professional Engineering Services, MBV Engineering, Inc. shall be entitled to recovery of its reasonable attorney's fees and costs incurred in connection with the dispute, including court costs and fees and costs of appeals. Dispute resolution and the location/jurisdiction thereof, may be by mediation, arbitration and/or court action in the sole discretion of MBV Engineering, Inc. The laws and statutes of the State of Florida shall govern all dispute resolution. I. Termination Without Cause: If at any time MBV Engineering, Inc. is notified in writing by Contractee that the Contractee wishes to terminate the agreement for any reason, MBV Engineering, Inc. shall be entitled only to the reasonable value of work furnished pursuant to the agreement up until the moment of such notice. This notice shall be sent by certified mail, return receipt to MBV Engineering, Inc., 1835 20th Street, Vero Beach, FL 32960. This notice will be effective upon receipt. MBV Engineering, Inc. shall not be entitled to payment for work furnished after such notice or not reasonably required to have been previously furnished under this Agreement. J. Authority of Signer: If the Contractee is a corporate entity or an individual other than signer, the signer represents that he/she by their signature is authorized to, empowered to and does sign this Proposal/Contract on Contractee's behalf. K. Indemnification by Signer: Signer understands and agrees that, if the Contractee is a corporate entity or an individual other than signer, that signer is personally liable and responsible for payment of all work/services performed by MBV Engineering, Inc., in the event that the Contractee fails to pay for the work/services performed. L. Limitation of Liability Engineer and Owner agree that the services performed by the Engineer pursuant to this Agreement are solely for the benefit of the Owner and are not intended by either the Engineer or the Owner to benefit any other person or entity. To the extent that any other person or entity is benefited by the services performed by the Engineer pursuant to this Agreement, such benefit is purely incidental and such other person or entity shall not be deemed a third party beneficiary to this Agreement. The Owner and MBV Engineering, Inc. have considered the risks, rewards and benefits of the project and the Engineer's total fee for services. Risks have been allocated such that the Owner agrees that, to the fullest extent permitted by law, the Engineer's liability to the Owner for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes shall not exceed the total fee received for the project. Such causes include, but are not limited to, the Engineer's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty. PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013) AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Initial — Client Initial- MBV 102 October 16, 2024 The Honorable Susan Adams Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Re: Forfeiture Trust Fund Dear Chairman Adams: Florida Statute 932.7055, the Florida Contraband Forfeiture Act, provides that proceeds and interest earned from the forfeiture of real or personal property shall be used for providing additional equipment and may not be used to meet normal operating expenses of the law enforcement agency. These funds are the direct result of our deputies' diligent law enforcement efforts and are derived mainly from drug related offenses. None of the funds are derived from county tax dollars. Additionally, the statute requires that no less than 25% of forfeiture proceeds must be expended or donated to support the operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer programs. The law enforcement agency has the discretion to determine which program(s) will receive the designated proceeds. Pursuant to the above statute, I am requesting that $262,000 from our Law Enforcement Trust Fund be used to purchase equipment and support the programs and agencies listed below: $251,000 to be used for the purchase of equipment and protection for both Law Enforcement and Corrections, as well as life-saving supplies for the Indian River County public. $1,000 will go to the Executive Roundtable of Indian River County, Inc. Their mission is to identify solutions that will protect and enhance the lives of Indian River County children, individuals, families, and seniors. $1,000 will go to Treasure Coast Crime Stoppers to help solve crimes. Approximately 22% of all tips result in arrests. Currently, many leads are being investigated. $1,000 will go to A Child is Missing to support their high-speed telephone alert system. This alert system is initiated within Indian River County when a child is reported missing. $1,000 will go to the Mental Health Collaborative. Their mission is to establish a continuation of care for mental health. Their goal is to increase access, decrease duplication and facilitate community wide support of mental health issues. 103 $1,000 will be used to support the annual Florida Missing Children' s Day ceremony. This statewide ceremony honors police officers and civilians that have assisted in missing children's cases and raises statewide awareness to help prevent abduction and sexual exploitation. $1,000 will go to Childcare Resources of Indian River County. Their mission is to ensure the availability and affordability of high-quality early childhood and family support programs for children of income eligible working families in Indian River County. $1,000 will go to the Pastoral Association of Indian River County. The Pastoral Association works within the community to provide guidance to address community issues. It has a relationship with the Sheriff's Office as well as clergy within the community. $1,000 will go to SafeSpace. They provide emergency shelter and outreach services to victims of intimate partner violence and have had a longstanding relationship with the Sheriffs Office and their victim advocates. $1,000 will go to Suncoast Mental Health. They provide mental and behavioral health services to at - risk children, adults and families with limited resources in their local community. $500 will go to the Florida Agricultural Crimes Intelligence. Their mission is to promote and facilitate the exchange of agricultural related intelligence to law enforcement officers specializing in agriculture crime investigations in the State of Florida. $500 will go to the Florida Crime Prevention Association. Their mission is to provide up-to-date training and networking opportunities with other agencies in an effort to enhance the crime prevention profession in the State of Florida $500 will go to the Florida FBI National Academy Associates. It is a non-profit, international organization of 17,000 senior law enforcement professionals dedicated to providing communities, states, countries, and profession with the highest degree of law enforcement expertise, training, education and information $500 will go to the InterAgency Board (IAB) Foundation. It is a non-profit with the mission to strengthen the nation's ability to prepare for and respond safely and effectively to emergencies, disasters and CBRNE incidents by emphasizing interoperability, compatibility, and standardization; fostering a multidisciplinary perspective; facilitating effective intergovernmental partnerships; being a . credible voice of the responder community; being proactive and sharing field operational experiences and practices Please place this item under Constitutional Officers for the October 22, 2024 board agenda. If you have any questions or require additional information, please contact me at 978-6404. Thank you for yourrconVation.Sin r0y Eric'Flowers Sheriff 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.org %:_4 104 /m/ INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Bill Rigby ADDRESS: PHONE: 8465 59th Ave 501-4753 Federal and State Funding for the Existing RFP for Waste SUBJECT MATTER FOR DISCUSSION: Collection IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? E:1 YES El NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Implement a comprehensive plan that includes targeted outreach, RFP process modifications, a supplier diversity program, and support for minority and disabled veteran -owned business development to remedy the historical lack of inclusion and foster a diverse and equitable vendor pool. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1:1 YES ❑ NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone INTERIM COUNTY ADMINISTRATOR: MEETING DATE: Michael Zito 105 SEP 1 1 1014 , =1_:t'.... �ar` vP+- a ,,t �'!_ • e. f h _�..__.._..__._ ..__.L�_v__.t°_____ __.-_ _rpt..__. __�. a �'►. `�. r 5A k4 Ar 410 (0_ �.� f _4.1.5 0_ .,_S2 _. 1 ��1.:4GS t_ _ _.. . _ _. o - } 7Ais_ .: _/ s._ _ -4_1 /V -.O- f-, 4�3 .._4. y 1 ) • .�(' 4 j" i �'L!;�.-r.�. r �`•�t�z S`O'S /aJ Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 18, 2024 To: John A. Titkanich, Jr., County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Bryan Beavers, Utility Finance Manager Subject: Utility Accounts Receivable Bad Debt Write Offs and Foreclosure Activity Background: On March 9, 2021, a public hearing took place that resulted in modifications to County Code Section 201.22 that pertained to payment and collections of certain utility bills. These modifications gave authorization to the Director of Utility Services to waive some, or all, penalties and interest on past -due utility accounts and to make payment arrangements for settlement of said accounts. Modifications to code also included language that provided staff with the authorization to seek final settlement, or ultimately foreclosure, for any accounts that remained unsettled. Analysis: During fiscal year 2024, the Indian River County Department of Utility Services (IRCDUS) completed ten settlement agreements with customers that had very delinquent accounts. These settlements resolved $323,856.29 of the accounts receivable balance. To induce these settlements, IRCDUS agreed to waive $294,466.60 of past due penalties and interest charges. Seven of the ten settlements have completed all payment arrangements and are subject to a write-off of $160,458.03 in fiscal year 2024. Three of the ten settlements have payment arrangements ongoing, and the final write-off amount cannot be determined until the payment arrangements are completed. Further, IRCDUS completed its first foreclosure sale on a past due account. This property was sold third party at the foreclosure sale and the proceeds from the sale covered the entire past due balance of the account. A second account was taken to foreclosure sale by another department within the county. The result was a no -bid sale and the county acquired the property. The related IRCDUS account balance was therefore fully written off earlier in the year. Finally, there are 234 active IRCDUS accounts that are 120 days or more past due. Presently, 21 of the most delinquent accounts have been referred to our foreclosure attorney to process a foreclosure. 106 C:\G ran icus\Leg istar5\L5\Tem p\e207Oe8SA6b3-445d-a 90b-91fc5cOflaOa.doc Status Number of Account s Accounts Receivable Balance Settlement/ Foreclosure Proceeds Received Service Charges & Fees Waived Total Penalties & Interest Waived Settled & Completed 7 $276,856.29 $160,458.03 Settled & Making Payments 3 $47,000.00 $134,008.52 Completed Foreclosure Sale By Utilities 1 $3,979.19 By Other County Dept 1 $9,324.88 $28,009.60 In Foreclosure Process 21 $891,655.63 All Other 120 Days Delq 213 $863,990.00 In summary, IRCDUS is requesting $160,458.03 of waived penalties and interest on completed settlement agreements be written off as bad debt. Funding: Funds in the total amount of $160,458.03 to cover the expenses for the fiscal year 2024 bad debt write- off will come from the Utilities/Cust Svc/Bad Debt-Water/Sewer account, number 47126536-036510, in the amount of $160,458.03, which is in the IRCDUS operating fund. IRCDUS operating funds are derived from water and sewer sales. Account Name Account Number Amount Utilities/Cult Svc/Bad Debt-Water/Sewer 1 47126536-036510 $160,458.03 Recommendation: Staff recommend the Board of County Commissioners authorize staff to classify as bad debt expense the $160,458.03 in penalties and interest that were waived. Attachment: None 107 Page 2 of 2 Write -Off Of Bad Debt Indian River County Department of Utility Services FY 2023/2024 10/22/2024 Item 12,11 Settlements On Pest Due Accou=nts. • Signed ten settlements in FY 2.024 for $618,323 • Seven settlements completed for $437,314: • Customer paid $276,856 • Write-off requested today $160,458 • Three settlements are °still making payments for $181,009 • Expected customer payments $47,000 • Projected minimum write off $134,009 10/22/2024 Item 12,11 1 Foreclosure Sales Completed On Past Due Accounts Completed two foreclosure sales in FY 2024 for $41,312 • One was completed by Utilities and was sold 3rd Party • Sale proceeds paid entire debt totaling $3,979 • One was completed by another County Department and was a no -bid sale • Utilities recognized a loss and wrote off the entire balance back in August • Service charges written off $9,324 • Penalties and interest written off $28,009 10/22/2024 Item 12,11 l� Balance Of Greater Than 120 Day Delinquent Accounts • Balance of greater than 120 IRCDUSA/R 120+ Days Delinquent days delinquent A/R is $4,000 - $3.717 $1,755,646 h $3,500 • 21 accounts totaling $891,655 ~$3000 have been referred for $2.500 foreclosure $2.000 • 213 accounts totaling $863,990 $1.500 have not yet been referred and $1 .000 $500 are actively being worked for $0 collectiFUcIlYew on 10/22/2024 Item 12,11 In Summary • Staff recommends the BCC approve writing off $160,458.03 of penalties and interest as Utilities bad debt expense for fiscal year 2024 10/22/2024 hem 12J7 3 October 22, 2024 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 15, 2024 SUBJECT: Resignation of Steve Hayes of the Tourist Development Council FROM: Joseph E. Flescher Commissioner, District 2 Steve Hayes, a person interested in Tourist Development, Not an Owner/ Operator, has submitted his resignation from the Tourist Development Council. Subsequently, two candidates have submitted applications for consideration of appointment. humbly request to Board's consideration concerning this matter. Attachments: Hayes' Letter of Resignation; Applications 108 Steve Hayes 3336 8' Street Vero Beach, FL 32968 October 15, 2024 RE: Letter of Resignation From the Tourist Development Council To the Board of County Commissioners: I will be stepping down from my position with the Indian River County Tourist Development Council. Thank you to all TDC Members and the Board of Commissioners for a wonderful experience. Sincerely, Steve Hayes 109 Indian River County Boards & Commissions Profile Submit Date: Sep 23, 2024 Nichole Johanson First Name Middle Last Name Initial melfishermuseum@comcast.net Email Address 842 Majestic Ave. - - Street Address Suite or Apt Sebastian FL 3M6 City state Postal Code Mobile: (772) 594-9981 Business: (772) 589-0435 .. ._._ _._ Primary Phone Alternate Phone - - Mel Fisher's Treasure Museum_ _ Director of Operations Employer - - Job Title - Which Boards would you like to apply for? Tourist Development Council: Submitted How long have you been a resident of Indian River County? 35 years Are you a full-time or part-time resident? Select one. W Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. Mel Fisher's Treasure Museum -20 years Taffi's Treasures -15 years Michael Abt Jr. Have a Heart Foundation -18 years -Founding Family Please list any licenses you presently hold: Please list any organization of which you are currently a member: 1715 Fleet Society Sebastian River Area Historical Society Sebastian River Area Chamber of Commerce Indian River County Chamber of Commerce Please list any other committees or boards you currently sit on: Michael Abt Jr. Have a Heart Foundation Sebastian River Area Public Mural Program Committee Sebastian River Area Chamber of Commerce Sebastian River Area Tourism Committee 110 Nichole Johanson Interests & Experiences Why are you interested in serving on a board or commission? I am interested in serving on the TDC because as a tourism business that has been in the area for 35 years I feel it is important to stay informed. Based on my experience and involvement in the community, I feel I am qualified to give valuable input that will promote sustainable and impactful strategies. I have always been committed to supporting our marketing agencies in driving growth and innovation in the tourism industry, ensuring we continue to attract and engage visitors AND residents alike. 111 Nichole Johanson Indian River County Boards & Commissions Submit Date: Sep 24, 202,4 Profile Retired. Employer Job Tide Which Boards would you like to apply for? Tourist Development Council: Submitted How long have you been a resident of Indian River County? 3 :yea:rs Are you a full-time or part-time resident? Select one. W Full Time I Please list current employer or businesses, if retired, please list any business experience that may be applicable to the committee. Retired Please see attached Resume Please list any licenses you presently hold: Real Estate Community Association Management Please list any organization of which you are currently a member: Florida Community Development Association Florida Quarter Horse Association American Quarter Horse Association .. Please list any other committees or boards you currently sit on: None at this time Interests & Experiences 112 .. .... . ... .... ... . ... . Diana E Vocelle - i- 113 Diana E Vocelle