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Home My WebLink About2007-329 � T A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK INDIAN RIVER COUNTY HABITAT CONSERVATION PLAN AMENDMENT NO, 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN ECOLOGICAL ASSOCIATES INC., AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Professional Services Agreement (AGREEMENT) dated October 12, 1999, between Ecological Associates Inc. (CONSULTANT) and Indian River County (COUNTY). This amendment addresses changes in "Section III — Scope of Services", "Section V — Compensation" and "Section XVI — Duration of Agreement". Amendment Description This Amendment includes the following changes to "Section III - Scope of Services", "Section V — Compensation" and "Section XVI — Duration of Agreement" of the Agreement. SECTION III The CONSULTANT shall complete the additional scope of service items in accordance with tasks described in Exhibit "A". SECTION V Section V is being revised in response to the Section III changes. The charges associated with the change in project scope are in accordance with Exhibit "A" . SECTION XVI Section XVI of the Agreement is herein modified to stipulate that the Agreement shall remain in full force and effect until March 31 , 2009, or until completion of all project phases as specified by the County Coastal Resource Manager, whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto or pursuant to Section XII of this contract. This AGREEMENT is hereby amended as specifically set forth herein. All other sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. This Amendment No. 3 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this nd day of +O 2007. Ecological Associates Inc. Indian River County, Florida P. O . Box 405 Board of County Commissioners MJeeack FL 34958-0405 ' By Robert Ernest Gary C . Wheeler, Chairman President Witness: Attest : {' Jeffery K. Barton, Clerk of Court WITNESS : (Corporate seal is acceptable in Approved: t (/) place of witnesses) �. Jo h A. Baird, County Administrator Approved as form and legal sufficiency: uTATEOFFLCRIDA INDIAN RIVER COUNTY J THIS IS TO CERTIFYTHATTHIS IS !/ A TRUE AND CORRECT COPY OF THE ORIGINALON FILE IN THIS Marian E. Fell, OFICE JEFF K. BARYONAssistant County Attorney , BY D.C . DATE EXHIBIT 4W SCOPE OF SERVICES AND COSTS Lighting Management Program for Indian River County Purpose : To implement a light management program for publicly-owned lights in Indian River County that will significantly reduce the harmful effects of artificial lighting on sea turtles. Background : Indian River County is a high-density nesting beach for loggerhead turtles and also supports nesting by green and leatherback turtles. In 2004, Hurricanes Jeanne and Francis destroyed dunes and dune vegetation throughout the County. Dunes and dune vegetation previously provided a buffer for artificial lights that may affect the ability of adult and hatchling sea turtles to properly orient. Hurricane damage resulted in an increase in light trespass onto the County' s beaches and a concomitant increase in sea turtle disorientation events. Many of the lights that appear to be responsible for light trespass are publicly owned lights in unincorporated Indian River County and the City of Vero Beach. Funding is needed to work with the utility authorities to modify or replace publicly-owned lights so they will not have a negative impact on sea turtles . Program Objectives : The proposed Light Management Program for publicly-owned lights in Indian River County has three major objectives : identification of problem lights (Tasks 1 -3 ), modification of problem lights (Tasks 4-8), and assessment of program success (Task 9) . Program Scope: The proposed Light Management Program for Indian River County will be conducted in six phases. Each phase will consist of one or more tasks as listed below : Phase I Task 1 . Conduct a daytime survey of all publicly-owned lighting fixtures along Indian River County' s coastline to identify all publicly-owned lights that present a potential problem to sea turtles. Evaluate existing lighting problems at night and assign each light a Problem Code based on the extent to which it illuminates the beach. Task 2. Prepare a list of problem lights. Task 3. Determine appropriate and cost-effective means for correcting all potential and identified problem lights. Phase II Task 4. Work with appropriate utility authorities to modify lights so they will not impact turtles. Task 5. To encourage utilities to correct problem lights in a timely manner, the County will pay for, or supplement the cost of, proposed modifications. Phase III Task 6. Conduct follow-up nighttime lighting evaluations after lights have been modified to assess the effectiveness of modifications. Assign each light a Problem Code. Phase IV Task 7. After follow-up lighting evaluations, it may be necessary to further modify some lights. Meet with appropriate utility authorities to coordinate further modifications. Phase V Task 8. After additional modifications are made, conduct a final lighting evaluation to insure that modifications are adequate. Assign each light a Problem Code. Phase VI Task 9. A final report will be prepared to include: a) results of the initial lighting evaluation, b) a list of lighting problems with recommended modifications, c) a detailed list of modifications made, d) results of follow-up lighting evaluations including evaluation of effectiveness of modifications, e) details of additional modifications made to lights after the follow-up evaluations, f) results of final evaluation, g) comparison of Light Problem Codes before and after implementation of light management program, h) comparison of sea turtle disorientation events before and after implementation of the light management program, and i) recommendations for future activities to insure that sea turtles will not be impacted by artificial lighting. Schedule and Costs : See attached table. Indian River County Light Management Program 2006 — 2008 Objective Phase Task Task Time as Frame Cost Phase Cost Conduct a daytime survey of publicly-owned lighting fixtures to I identify potential lighting problems. Evaluate lights at night and Identify assign each light a Problem Code based on the extent to which it 3 mo. $7,400 Problem I illuminates the beach. $ 16, 900 Lights 2 Prepare a list of problem lights. 4 mo. $3 ,800 3 Determine appropriate and cost-effective means for correcting all potential and identified problem lights. 6 me . $ 5,700 4 Work with appropriate utility authorities to modify lights so they will not impact turtles. 12 mo. $ 151200 II To encourage utility authorities to correct problem lights in a timely $ 91 ,400 5 manner, the County will pay for, or subsidize the cost of, proposed 12 mo . $ 76,200 Correct modifications. Problem IIl 6 Conduct follow-up nighttime lighting evaluations after lights have Lights been modified to assess the effectiveness of modifications. 14 mo . $3 ,300 $ 3 ,300 IV 7 Meet with appropriate utility authority to coordinate additional modifications. 16 mo . $ 3 , 800 $3 ,800 V 8 After additional modifications are made, conduct a final lighting evaluation to insure that modifications are adequate. F24 $3 ,300 $ 3 , 300 Prepare a final report to include results of all lighting evaluations, Assess comparison of Light Problem Codes and hatchling disorientation Success of VI 9 events before and after program implementation, evaluation of $ 127100 $ 12 , 100 Program effectiveness of modifications, and recommendations for future activities. TOTAL PROJECT COST $ 130, 800