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10/12/2021
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 12,2021 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman, Joseph E. Flescher, District 2 Jason E. Brown, County Administrator Vice Chairman, Peter D. O'Bryan, District 4 Dylan Reingold, County Attorney Commissioner Susan Adams, District 1 Jeffrey R Smith, Clerk of the Circuit Court and Comptroller Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 This meeting can be attended virtually via Zoom. Instructions can be found at the end of this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Jeffrey R. Smith, Clerk of Circuit Court and Comptroller, Genesis Church 3. PLEDGE OF ALLEGIANCE Jason Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 6.A. Regular Meeting of July 13, 2021 6.B. Regular Meeting of August 17, 2021 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARDACTION October 12, 2021 Page 1 of 5 7.A. Notice of Public Meeting for the Lost Tree Islands Conservation Area Restoration/Enhancement Plan Attachments: Staff Report Lost Tree with logos 10-6-21 REV 8. CONSENT AGENDA 8.A. Agreement for RFP 2021001 - Wabasso Scrub Conservation Area Overlook Attachments: Staff Report Sample Agreement 8.8. Request for Authorization to Submit an Application for Section 53,11.Grant for Rural Transit Operating Assistance Funds from the Coronavirus Response & Relief Supplemental Appropriations Act (CRRSAA) and the American Rescue Plan (ARP) Attachments: Staff Report Resolution Grant Application Budget Form 8.C. Harmony Reserve, LLC's Request for Final Plat Approval for Harmony Reserve PD Phase 4 [PD -14-10-12 / 97080101-89711] Attachments: Staff Report Location Map Plat Layout 8.D. Request for Approval to Enter into a Bus Shelter License Agreement with West Vero Crossings, LLC for Construction of a Bus Shelter -Attachments: Staff Report Transit Shelter License Agreement 8.E. Approval of a State Submerged Lands Lease Renewal on Boat .Club Island (aka Spoil Island IR25) - BOT File No. 310345813 Attachments: Staff Report Submerged lands lease renewal dueOct2022 8.F. Approval of a License Agreement with Indian River Sports Complex, Inc. (a Not for Profit Florida Corporation) to provide Youth Baseball Programming and Enrichment Programs at the Helen Hanson Park located at 8020129th Court, Sebastian Fl. Attachments: Staff Report Helen Hanson Park License October 12, 2021 Page 2 of 5 8.G. TIGR Acquisitions II, LLC Letter of Intent to purchase 1340 Old Dixie Highway Tower Attachments: Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Proposed Schedule Board of County Commission 2022 Meeting Dates Attachments: Staff Report Proposed Meeting Dates 2022 Draft 11.B. Collective Bargaining Agreement between Indian River County and International Association of Firefighter's, Local 2201 FY21/22 General Wage Increase Attachments: Staff Report First Amendment to IAFF Agreement Exhibit A 11.C. 2022 Legislative Priorities Attachments: Staff Memo - Legislative Update Presentation 2022 Preliminary State Legislative Program 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS October 12, 2021 Page 3 of 5 13.A. Amendments to Chapter 304 (Life Support and Wheelchair Services) of the Indian River Code of Ordinances Attachments: Staff Memo Chapter 304 rewrite 13.B. Deed of Conservation Easement - First Negotiation Rights Attachments: Staff Report Deed of Conservation Easement 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman 14.A.1. Discussion of Proposal for Pretrial Program Services for Indian River County Attachments: Commissioner's Memorandum Proposal for Pretrial Program Services B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes Meeting of July 13, 2021 15.B.2. Approval of Minutes Meeting August 17, 2021 15.B.3. Residential Paper Shredding Event on October 16, 2021 Attachments: Staff Report Contract MOU 15.B.4. Work Order No.: 44 to Kimley-Horn for Landfill Gas Flare Skid Improvements and Pipeline Extension Attachments: Staff Report Reference Letter from IRED Work Order No 44 - KHA October 12, 2021 Page 4 of 5 15.B.5. Florida Department of Transportation Property Acquisition Attachments: Staff Report 109-2 702-2 903-2 Right of Way map - Parcels 109, 702 & 903 C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at, 12:00 Noon to S: 00 p.m. October 12, 2021 Page 5 of 5 I INFORMATIONAL BCC Meeting October 12, 2021 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Parks & Recreation — Conservation Resources / Department of General Services Date: . _ September 23, 2021 To: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director Parks & Recreation From: IBeth Powell, Asst. Director Parks & Conservation Resources Subject: Notice of Public Meeting for the Lost Tree Islands Conservation Area Restoration/Enhancement Plan DESRIPTIONS AND CONDITIONS The Lost Tree Islands Conservation Area (LTICA) was purchased in 2003 with funds from the Florida Communities Trust and the County's environmental lands bond referendum with additional funding assistance provided by the City of Vero Beach and the Town of Indian River Shores (2002). The 508 -acre site is located in the Central Indian River Lagoon (IRL) approximately 0.75 miles north of the SR 60 boat launch on the barrier island. The LTICA is the second largest publicly - owned island system that is protected in Indian River County, and includes more than 10 miles of shoreline. habitat. The LTICA ecological enhancement project will be the largest lagoon -based enhancement project undertaken by Indian River County providing water quality benefits, habitat for native wildlife species, and opportunities for public passive recreation and environmental education. On October 15, 2019, the Board authorized the Chairman to execute a Cost -Share Agreement with the Indian River Lagoon Council (IRLC) for the purposes of completing the design and engineering for the restoration of the three outer islands at Lost Tree Islands Conservation Area (LTICA). Subsequently, on March 10, 2020, the Board approved an Agreement with Carter Associates, Inc. to provide design and engineering services for the project. The project objectives for design and engineering of the LTICA habitat enhancement plan are briefly summarized as follows: Site design that is resilient and versatile, and by its nature will be adaptable during extreme weather events and climate change Water quality benefits through creation and enhancement of wetland communities Establishment of endemic habitat, including, but not limited to: 1 o High marsh habitat which is a rare resource in Indian River County o Strategically located mangrove. wetlands o Maritime hammock habitat o. Salt flats and open sandy beaches for shorebird nesting o Seagrass habitat (based on appropriateness and feasibility) o Oyster reefs (based on appropriateness and feasibility) o Expanded nursery areas for fish and invertebrates • Incorporation of innovative, low maintenance elements for shoreline stabilization • Incorporation of green technologies where appropriate and feasible • Provide for educational engagement on the ecological issues facing the Lagoon • Provide passive recreational opportunities that promote ecotourism, educational awareness, local responsibility and facilitates informed community input • Minimization of mosquito production • Elimination of nuisance and exotic plant species such as Australian pine and Brazilian pepper • Minimization of long-term maintenance, management, and capital costs To date, County staff and the design engineer have completed the draft design and engineering plans for the enhancement of the three outer islands consistent with the IRLC grant funding and engineering agreement. A part of the County's grant obligation is to solicit public feedback and provide information for the plan through a public meeting. A public meeting will be held through a virtual and in-person hybrid platform on Wednesday, October 27, 2021 from 6-7:30pm at the iG Recreation Center utilizing state of the art technology to facilitate discussion and public input for the project. .This hybrid meeting will allow the public to learn about the design process and to review the 80% complete design plans. Registration information can be found on the County's website at www.ircgov.com/conservation or by emailing Conservation@ircgov.com. APPROVED AGENDA ITEM FOR OCTOBER 12, 2021 2 10 Lr A ) (021T r -,) o D 0 Zzlifdgitv Ako- Von-S-1-balZ ONE LAGOONONE COMMUNITY -ONE VOICE INDIAN RIVER LAGOON Yll NATIONAL ESTUARY PROGRAM - i• ub i e •ing o discus e r a• C• ry i M. n ea (110 C a ita e Lora •io e ce e t rojec . o'islarraslargelalrommenils., t n• ian e a oo a a e e st n nh n •emen rojec e oY to o a r '1 life, M.ro a er uali a o ' as iu ec ea pion or e u • is in is . cre co ex of s n urin i • ubli ti will b pro • e • e o .,po um toe 'e e esign o ea h i 1 nd n ecom in Orme on oce o a Zn th ita within e ree a ge ou o •at o o e ity o e o nd out of e o • f • i n � er • o e , his rojec 'll • e la e t Lagoo resto • tai • n • r • j •t and n by e Coun o • a e. ro i n • rocess, he Csoun as co la • o .a e th e o s to a e• er a en i n• • rtunat o a e • a Here • ' h • is � e ago • Cao ncil on • • e e opm n o ese • oject • a s. bis ' t iscus ion i ing ou t as is roject move o e ina esign to e. §a MNWNBio C� Jo& M3 Tho ' m,son or OO wh(i CAM 772-226- 8%5 lu mo, e �n+ o o an gl _ t - l- ei aill on - e • a+trio rr ' CCa . m ZOO eetig fo: 866- .-28-22.56 • Co ference Code . � 620 o'n oa ,L'nx,'OOSo droi. tG s://ircgo�. oorn.us/'/85450805768 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION . DATE: October 5, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Agreement for RFP 2021001- Wabasso Scrub Conservation Area Overlook �L4IC101.161F1►"1 On February 9, 2021, the Board authorized negotiations with the top ranked proposer, Summerlin's Marine Construction, LLC, for the final design and construction of a covered wetland overlook at the Wabasso Scrub Conservation Area. The Conservation area is located on County Road 510, northwest of the intersection at 58th Avenue. General Permit #155229-1 has been issued for the project by the St. Johns River Water Management District. Parks and Conservation Lands staff and Summerlin's have reached a final price and agreement for the work. The delay in:negotiations has been due to the workload of both staff and the contractor. Summerlin's initial price proposal, submitted on October 16, 2020, was for $37,423. The new proposed price is $45;796. The additional costs are due to the unanticipated requirement that the roof be completed by a licensed roofing company, as well as the increase to cost of materials. A comparison of the originally proposed pricing and the current pricing is shown on the next page. The new price proposal is.still lower than the $68,900 proposed by the second ranked firm, as well as lower than all other prices proposed for the project. FUNDING: Funding for this project is allocated through the CIE for public use improvements to conservation areas. Funds in the amount of $45,796 are budgeted and available in the Land Acquisition/Construction in Progress/Wabasso Scrub Conservation Improvements Project Account (14514639-066510-18018). Account Name Account Number Amount Land Acquisition/Construction in Progress/Wabasso Scrub Conservation Improvements 14514639-066510-18018 $45,796 4 RECOMMENDATION: Staff recommends the Board approve the sample agreement and authorize the Chairman to sign it after approval by the County attorney as to form and legal sufficiency. ATTACHMENT: Sample Agreement E f0 N O sZ O G C O U L V) C O U O) C 2 C LnE 3 N ar o,o c f0 O M U rn FZ N O O m OOi Ql 00 O O O O Il_ O t0 Ct N w N Cr O O Ln 0 00 V.J. V? V? V�- O O O O O O O O 111 tG O O 111 O O O l0 RT m O ri O O O m 'i 00 N 1n N 00 00 N I1_ Mw ri m M Ln N t N d H H H 00 eT M r-1 N 111 V1 An N 4 111 'O � '14 '1A•14 1-4 V� V> V1. V>• V> V> Ah. 4* 01 ,a CL M N X W W .L O O O cn 4- m O O O M co NN U) 4O �T-4Ln Ln pO O O C14 06 r-qV) 00M N -4 �NC14 44 V} V} r -I /} to { In V} V> O O O O O O O 00 10 Cr O 1A O O O M t2 H 10 H O O O N is W m N H h 00 "1 s\ m �D Wt 00 m m O V1 to t/1 N1 t/� •� C U1/1 to N1 ry 1/1 N M L ♦w _J p X W C m H H H H H :kz H H H H H H cr Vl W C v m try J 1n J Ln J N J v1' O O N a \ lD kn Ll N N J k ^ N N J J J J J 'L N O aJ O N ++ N L d dD O Q 3 0 0 u a `f m U 41 4J ei O +- !_ U Y L O O O ±' > O 41 '� O 3 i O O > r > GO L w 00 0 W co3 _M O t10 H m 06 C 41 m O O N in O C 41 4) C T O O O O L 0J -O v� E cp N c:y O Q +, H L N — 4J to M O L N 0) l 0 b0 M U- N N (C 1 41 Q. Y W bo L 'O 3 a «- O `+ O U C U N O — � � N U ,C .L C O O O w to N 1/1 U 0- D d N 2 m � m O� r4 Ns M .4 V1 -4 L1) lD 1� 00 m r -I H r4 Iz . Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the.Laws of the State of Florida, (hereinafter called OWNER) and Summerlin's Marine Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,.agree as follows: ARTICLE 1 WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Final design and construction of a covered wetland overlook in the northeastern portion of the Wabasso Scrub Conservation Area in accordance with St. Johns River Water Management District Permit #155229-1. The overlook will extend from an existing trail approximately 40 feet into an existing wet prairie. The overlook will be covered, and will provide bench seating for visitors to the site. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Bid Number: Project Address: ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence Wabasso Scrub Conservation Area Wetland Overlook 2021001 County Road 510, northwest of the intersection at 58th Avenue A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the. 180th day after the date when the Contract Times commence to run. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Proposal Pricing Form, attached hereto as Exhibit 1. 7 B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $45,796.00 Written Amount: Forty-five thousand, seven hundred ninety six dollars. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a 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.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, a.nd data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. 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 hiredemployees 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. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 9, inclusive); (2) Notice to Proceed (3) Certificate(s) of Liability Insurance (4) Request for Proposals 2021001 9 (5) CONTRACTOR'S Submitted Proposal (6) CONTRACTOR'S Submitted Final Price Proposal (8) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. :Terms used in this Agreement will have the meanings indicated in the Request for Proposals. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 . Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the.Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be. reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought 1. byeither party against the other party or otherwise arising out of this Agreement shall be in Indian 10 River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transferthe records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 11 Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection, (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money. accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION .FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. 12 TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 13 This Agreement will be effective on October 15, 2021. OWNER: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: ----------- Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Elizabeth Powell Title: Assistant Director, Parks and Conservation Resources 5500 77th Street Vero Beach, Florida 32967 (772) 226-1873 Facsimile: (772) 589-6119 SUMMERLIN'S MARINE CONSTRUCTION, LLC: By: (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR. is a corporation or a partnership, attach evidence of authority to sign.) 14 Exhibit 1— Contractor's Proposal Pricing Form 15 2021001 Wsca Boardwalk PROPOSAL PRICING — RFP #2021001 Wabasso Scrub Conservation Area Wetland Overlook RFP #: RFP Opening Date and Time: RFP Opening location: 2021001 2:00 P.M..October 16, 2020 .Purchasing Division 1800 27th Street Vero Beach, FL 32960 In accordance with all terms, conditions, specifications, and requirements, the Proposer offers the following: Item: Wetiand Overlook (191 ft2) Unit Est. Quantity Extended Price Labor 1. Site Survey & Engineered Drawings LS 1 $ C" 2. Mobilization & Erosion Control Installation LS 1 3. Site Preparation LS 4. Construction of overlook LS 1 $Iff, oq qw U. $ Extended Price S. Preparation of as-builts LS 1 Materials Unit price Est. Quantity 4. Decking (Trex or equivalent composite) $ 76 • °°/If O S. Pilings $ a -0 Sea jG9 $ 390 0- 6. Stringers $ a 5. ogif q $ 00 `? `d, 7. Handrails �'7 S iddo $ q,Oo /if $ [5. 013111 . 8. Balustrades $ j C) -OO/If t0 9 T $ 6990-00 9. Roof Panels $ /ea $ T1 00'UD 10. Roof Flashing LS N/A $ z)/ oa 11. Roof Trim LS N/A $ 3 v U • 0b 12. Bench Seating $ /ea $ 9506'W 13. Miscellaneous hardware, etc. LS N/A $ 06 Total Price Proposal $ Dye Total Price Proposal in Words Page 14 of 34 461, r 16 AffNTIC 0F ING 11 OF VERO EiEACH, Imc. 4310 45th Street, Vero Beach, FL 32967 PROPOSAL AND CONTRACT (jok" P: 772-492-8493 F: 772-257-5740 www.atianticroofing2.com License No. CCC1326188 Submitted To:. Summerlin's Marine construction Project: Wabasso Scrub. Address: 200 Naco Rd, FL 34946 Address: City: Ft. Pierce, FL 34946 City: Phone: 772-464-7470 Phone: Attn.: I Joy Yancy Email: I Summerlinsmarineconstruction@gmail.com Atlantic Roofing 11 of Vero Beach, Inc. agrees to furnish all labor, materials and equipment as necessary to complete the scope of work as described below subject to the terms and conditions contained herein. 1. Install one layer of peel and stick undedayment over existing roof deck, install 26 gauge metal drip - edge at perimeter of roof, then install a 26 gauge 5-V crimp metal roof over underlaymet with new hip and ridge caps. Quote is good for up to 200 sq ft of roof area. With the consent of the Buyer, any rotten lumber or unsuitable substrate materials which are disclosed as the work progresses, and which are not specifically mentioned in this proposal and agreement, will be replaced or made suitable, and any additional costs.will be added to the contract. Wood replacement is an additional cost and will be written up as a Change Order. This work to be completed for the sum of - TOTAL DEPOSIT: AFTER DRY -IN: DUE UPON MATERIAL DELIVERY. DUE UPON COMPLETION: $ 5,625 Offer is valid 30 days from issuance and on contingency of approval of insurance, if filing a claim. Atlantic Roofing 11 of Vero Beach, Inc. representative will meet insurance adjuster on the day of inspection. Please call 772-492-8493 as soon as you have a date and time that the adjuster is scheduled to be on the job site. Submitted by: ��iL Date: 8/1/21 e ACCEPTANCE OF PROPOSAL The above specifications, prices, and conditions are satisfactory and hereby accepted. Atlantic Roofing 11 of Vero Beach, Inc. is authorized to do the work as specified. Please read and sign the ,proposal below: Accepted by: 0.V Date: v Customer Signa ure Printed Name: �— 17 S8 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Brian Freeman, AICP; MPO. Staff Director DATE: October 1, 2021 SUBJECT:. Request for Authorization to Submit an Application for Section 5311 Grant for Rural Transit Operating Assistance Funds from the Coronavirus Response & Relief Supplemental Appropriations Act (CRRSAA) and the American Rescue Plan (ARP) It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 12, 2021. DESCRIPTION & CONDITIO Each year, Indian River County receives transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine) and demand -response service (Community Coach). GoLine Route 10 provides fixed - route service from the North County Transit Hub to Fellsmere. Route 10 operates six days each week. Service hours are from 6 am to 7 pm on weekdays and from 8 am to 5 pm on Saturdays. ANALYSIS FDOT recently announced the availability of Section 5311 transit operating assistance from the Coronavirus Response & Relief Supplemental Appropriations Act (CRRSAA) and the American Rescue Plan Act (ARP). Based on the recommendation of FDOT, the County is applying for the equivalent of two years operating cost for rural transit service, or $317,220. No local match is required to receive the CRRSAA or ARP funds. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. To apply for Section 5311 funds, the Board of County Commissioners must adopt the attached resolution (Attachment #1), authorizing staff to submit the attached grant application to FDOT. A copy of the. grant application is attached to this staff report (Attachment #2). The County receives most of. its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Area) grant program. The provision of rural transit service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2.040 Long Range Transportation Plan. FUNDING No local match is required for the CRRSAA/ARP Act Section 5311 grant. This grant will be used as supplemental funding for existing transit service in rural areas of Indian River,County. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the resolution authorizing the filing of the Section 5311 grant application for CRRSAA and ARP funds. ATTACHMENTS 1. Authorizing Resolution for the Submission of a Section 5311 (Formula Grants for Rural Areas) application for CRRSAA/ARP funds 2. Section 5311 Grant Application for FY 2020/21 3. Grant Budget Form 19 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5311 PUBLIC TRANSIT OPERATING ASSISTANCE. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or Fixing America's Surface Transportation (FAST) Act of 2015; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Senior Resource Association; and WHEREAS, Indian River County is eligible to receive Formula Grants for Rural Areas funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Community Development Director is authorized to file applications on behalf of Indian River County with the Florida Department of Transportation. for public transit operating assistance as specified in the County's grant application under 49 USC Chapter 53, Section 5311, as supplemented by the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) and the American Rescue Plan Act (ARP) of 2021. 2. That the Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's. Section 5311 grant application. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss 20 The Chairperson thereupon declared the resolution duly passed and adopted this 12th day of October , 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Joseph E. Flescher, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 12th day of October , 2021. Notary Public SEAL: APPROVED AS TO LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS :_ Phillip J. Matson, AICP, Director Community Development Department 21 . OMB Number: 4040-0004 Expiration Date: 12/31/2022 Application for Federal Assistance SF -424 ' 1. Type of Submission: Preapplication ® Application Changed/Corrected Application ' 2. Type of Application: • If Revision, select appropriate letter(s): ® New Continuation • Other (Specify): Revision ' 3. Date Received: F`104/2021 4. Applicant Identifier: 5a. Federal Entity Identifier: 5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier. 8. APPLICANT INFORMATION: * a. Legal Name: ' b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI: 079208989 d. Address: • Street1: Street2: * City: County/Parish: Indian River • State: Province: • Country: * Zip / Postal Code: 32960 e. Organizational Unit: Department Name: Division Name: Metropolitan Planning Org. Community Development Dept. f. Name and contact information of person to be contacted on matters involving this application: Prefix: Middle Name: * First Name: * Last Name: Suffix: Title: MPO Staff Director Organizational Affiliation: • Telephone Number: Fax Number: , • Email: FIV Application for Federal Assistance SF -424 * 9. Type of Applicant 1: Select Applicant Type: B: County Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: Other (specify): * 10. Name of Federal Agency: Federal Transit Administration 11. Catalog of Federal Domestic Assistance Number: 20-509 CFDA Title: Section 5311 " 12. Funding Opportunity Number: NA ' Title: Formula Grants for Rural Areas 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment Delete Attachment View Attachment * 15. Descriptive Title of Applicants Project: Public Transportation Service in Rural Areas of Indian River County Attach supporting documents as specified in agency instructions. Add Attachments Delete Attachments I View Attachments 23 Application for Federal Assistance SF -424 16. Congressional Districts Of: ' a. Applicant FL -8 ' b. Program/Project FL -8 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attachment View Attachment 17. Proposed Project: ' a. Start Date: 07/01/2022 "b. End Date: 06/30/2024 18. Estimated Funding ($): ' a. Federal 317, 220.00 ' b. Applicant 0.001 * c. State 0.001 ' d. Local 0.00 * e. Other 0.00 ' f. Program Income 0.00 'g. TOTAL 317,220.00 ' 19. Is Application Subject to Review By State Under Executive Order 12372 Process? D a. This application was made available to the State under the Executive Order 12372 Process for review on �. 0 b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E.O.12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) ❑ Yes ® No If "Yes", provide explanation and attach Add Attachment Delete Attachment I E View Attachment 21. *By signing this application, I certify (1) to the statements contained in the list of certifications"" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances'"' and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ® *' I AGREE The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: * First Name: Phillip Middle Name: * Last Name: Matson Suffix: * Title: Community Development Director *Telephone Number: 772-226-1253 Fax Number: *Email: pmatson@ircgov.com 'Signature of Authorized Representative: ' Date Signed: 10/04/2021 24 GRANT NAME: Section 5311 (CRRSAA/ARP) GRANT #: N/A AMOUNT OF GRANT: $317,220 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990 1. How long is the grant for? Two Years Starting Date: July 1, 2022 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X 'No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: NA % 5. Grant match amount required: NA 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? NA 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching Third Year TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? 25 Grant Amount Other Matching Costs Match Total First Year $317,220 $ $ $317,220 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ 1 $ - 1 $ Fifth Year $ $ 1 $ $ 25 la INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM:. Ryan Sweeney; Chief, Current Development DATE: October 1, 2021 SUBJECT: Harmony Reserve, LLC's Request for Final Plat Approval for Harmony Reserve PD Phase 4 [PD -14-10-12 / 97080101-897111 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at a regular meeting of October 12, 2021. DESCRIPTION & CONDITIONS: Harmony Reserve is a residential planned development (PD) project located west of 58th Avenue, between 33rd Street and 37th Street. Harmony Reserve Phase 4 represents the fourth and final phase of the overall Harmony Reserve PD project. Phase 4 consists of 94 single-family lots and 24 multi -family units on 33.47 acres, resulting in a density of 3.52 units/acre for the phase. Harmony Reserve PD is zoned PD, Planned Development, and has an L-2, Low -Density Residential -2 (up to 6 units/acre) land use designation. The overall density for the Harmony Reserve PD project is 3.30 units per acre. The final plat application for Phase 4 is on file with the Planning Division. On January 12, 2018, the Board of County Commissioners (BCC) granted concurrent conceptual PD plan and special exception approval, and preliminary PD plan/plat approval to modify Harmony Reserve PD Phases 3 and 4. Phases 1 and 2, originally approved by the BCC on October 7, 2014, have been platted and the subdivision improvements for those phases have been completed. Phase 3 received final plat approval from the BCC on July 23, 2019. Currently, the applicant has obtained a land development permit and has commenced construction of the required Phase 4 subdivision improvements. As of this time, the applicant has built more than 75% of the required Phase 4 improvements, and has "bonded -out" for the remaining improvements. The applicant has coordinated with staff to provide the following: 1. A Phase 4 final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the Phase 4 remaining required improvements; and ' 26 3. An executed Contract for Construction of Phase 4 remaining required improvements, with a cash deposit and escrow agreement for 125% of the cost of construction for the remaining required improvements. The BCC is now to consider granting final plat approval for Harmony Reserve PD Phase 4. ANALYSIS: Some, but not all, of the Harmony Reserve PD Phase 4 required subdivision improvements have been completed. As provided for under the land development regulations (LDRs) applicable to this final plat application, the applicant is proposing to "bond -out" for the remaining required Harmony Reserve PD Phase 4 improvements (utilities, drainage, landscaping, and roadways). Public Works, Utility Services, and Planning have approved the Engineer's Certified Cost Estimate for the remaining Harmony Reserve PD Phase 4 improvements. The County Attorney's Office has reviewed and approved the Contract for Construction of Required Improvements and an acceptable cash deposit and escrow agreement in the amount of 125% of the cost of construction for the remaining required improvements. The contract for construction and security arrangement, which represent 125% of the estimated cost to construct the remaining required improvements, will be executed by the County Administrator and will be effective upon final plat approval. It should be noted that all improvements within Harmony Reserve PD Phase 4 will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required by the Utility Services Department. RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners grant final plat approval for Harmony Reserve PD Phase 4. ATTACHMENTS: 1. Location Map 2. Plat Layout 27 Es ■�ni�aPM �����i �� ■ _ / • •.. ■ ■ P _�_ 111111111111111111111111► � .- � Ilflllll+ �111111 � [[NEI IIII11. - � � � � 111► .. .• C , � �/11111= ..: = �11111111� 111111 �/ 1111 1111111111111111 �1 1111 11111111111 NINE■■��� ������■�t■■■► III e SAY W1/t� . at r I 2RACP 12-ir IN"Ir1 jasa BMW in KAMM Cry "M 'O 84 C= � .. a � i 'Gd >IdRM 3Y0xffw8 I til k -<I flb9trg . 612W Ma WW LS ✓ +-� 2 zJ m 5 i w A ourmn S o z� ssa mmaa aem d--J —�— -------------------=------- --- N gi 4 Jaffa RM Hal.Ytt N � It g Q rc e- 1 '� itld om m nva ma I Ira��� ° -------------- WHI h e >aw zoo rite a« W 7 I :one pa s o p w W H R a Gate 1 pyf� all Z x 9 i 0. mte d a „ I bi = a enetea .eH i to ue acts � � � Qw 1nWda 1 oats P� 9 h PO ae ' mte DeOI' aeon � e aaoe awe am 0. U Cej �p >nw.� itH ema m 78td amt a osteo wa resaa� imttata INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Brian Freeman, AICP; MPO Staff Director DATE: October 1, 2021 SUBJECT: Request for Approval to Enter into a Bus Shelter License Agreement with West Vero Crossings, LLC for Construction of a Bus Shelter It is requested.that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 12, 2021. DESCRIPTION, CONDITIONS, AND ANALYSIS GoLine is Indian River County's fixed route public transportation system and is operated by the Senior Resource Association (SRA). In recent years, the County and SRA have implemented a program to construct bus shelters at the busier bus stop locations. To date, over fifty bus shelters have been constructed at various locations throughout Indian River County using a standardized shelter design. West Vero Crossings is a proposed Publix shopping center to be located at the southwest corner of SR 60 and 82nd Avenue. The proposed shopping center is located along .GoLine Route 13, which provides service between Indian River Mall and the Vero Beach Outlets. As part of the required site improvements, the developer will construct a bus shelter pad and sidewalk along the shopping center's 82nd Avenue frontage. This bus stop location also serves the Tax Collector, Career Source, and other offices located on the east side of 82nd Avenue across from the proposed shopping center. There is an existing bus shelter on the east side of 82nd Avenue at this location. The proposed bus shelter will :be located on the west side of 82nd Avenue on a concrete pad to be constructed by West Vero Crossings, LLC. The attached license agreement will allow the County to construct a bus .shelter and operate a bus stop on the shopping center property. This agreement covers a five-year period and can be renewed upon its expiration. FUNDING The bus shelter will be constructed using funds from the County's annual Federal Transit Administration (FTA) grant,. General Fund/Community Transportation Coordinator/SRA Bus Shelters, Acct# 00111041-0665.10-54001. Cost of the shelter and installation will be $8,000. For 32 capital items, such as this bus shelter, no local match is required. RECOMMENDATION Staff recommends that the Board of County Commissioners review the Transit Shelter License Agreement and authorize the Chairman to execute the agreement. ATTACHMENTS 1. Transit Shelter License Agreement 33 TRANSIT SHELTER LICENSE AGREEMENT THIS TRANSIT STATION LICENSE AGREEMENT (this "Agreement') is entered into as of this day of , 2021, by and between West Vero Crossings, LLC ("West Vero'), and Indian River County, a political subdivision of the State of Florida, whose address isl801 27th Street, Vero Beach, Florida, 32960 ("County").. WITNESSTH WHEREAS, County operates a public transit system that transports the public throughout the Indian River County area; and WHEREAS, it is critical to the success of the public transit system that passengers have safe and convenient locations to wait for and to board vehicles; and WHEREAS, it is beneficial to West Vero, and the County and their officials, employees, agents and guests that vehicles operated by County pick-up and drop-off passengers at the transit site located at the proposed West Vero Crossing shopping center in Indian River County ("Shopping Center"); and WHEREAS, The parties agree that it is in their mutual best interests that the transit site is an integral part of the community and functions as a community activity station; and WHEREAS, the parties agree that it is in their mutual best interests to place a transportation facility at the specified site for use as an established transit station, which will provide facilities for the embarking and disembarking of passengers that are safe, convenient, accessible and more comfortable for passengers to wait for transit vehicles. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties, West Vero and County hereby agree as follows: Section 1 - Transit Site Agreement. West Vero hereby grants County a license (the "License") to enter upon that certain parcel of real property located at the proposed West Vero Crossing shopping center in Indian River County, more particularly described and delineated by the site plan attached hereto as composite Exhibit A and made a part hereof (the "Transit Site") for the sole and limited purpose of installing a transit stop, subject to all of the terms and conditions provided for herein. West Vero agrees County may install and use a facility for passengers which consists of one (1).trash receptacle, one (1) bench, one (1) sign, one (1) passenger waiting shelter, and such other items as may be mutually agreed upon by the parties and referred to as (the "Transit Station") on the Transit Site. Section 2 Installation of Transit Station. West Vero shall construct the concrete slab for the Transit Station as shown on the West Vero Crossing site plan. County shall provide all the materials and labor for the installation of the Transit Station to be located on the Transit Site. County shall retain ownership of such Transit Station. The Transit Station shall be comparable to 34 other transit stations currently used by County. If as a result of County's construction of a Transit Station, West Vero is required by federal, state, or local law, ordinance, order etc., to make any improvements, changes or alterations ("Improvements") to the property on which the Transit Station is located, in order to comply with such laws, such collateral Improvements shall be the responsibility of County. All costs associated with such collateral Improvements shall be borne by County. Section 3 - Term. This Agreement shall commence on the date included in the introductory paragraph of this Agreement (the "Date of Commencement") and, unless extended by the undersigned, shall terminate on the earlier of. (i) five (5) years from the Date of Commencement; or (ii) thirty (30) days after notice is given by either party of the desire to terminate the Agreement. At the time this Agreement is terminated, County shall remove the Transit Station_and all of the County equipment at the Transit Site and upon removal of the Transit Station, County shall return the Transit Site to substantially the condition existing prior to the installation of the Transit Station. Section 4 - Effective Date. Subject to the terms of Section 3 above, this Agreement shall become effective upon being executed by the parties hereto and shall remain in full force and effect until such time as either party terminates this Agreement as provided in Section 3 hereof. Section 5 - Damage to the Transit Station. County shall be responsible for day-to-day normal and customary maintenance of the Transit Site and the Transit Station, and every part thereof, including, but not limited to, washing the Transit Station from time to time and picking up trash on the Transit Station on a regular basis. County shall be responsible for all maintenance, including, but not limited to, painting, removal of graffiti, and concrete repair, as well as the repair of any damage to the Transit Station caused by County and it's agents. Such repair will be commenced within three (3) days after County is notified by West Vero, in writing, of such damage. If County shall fail to maintain the Transit Station in a clean manner, West Vero shall have the right, but not the obligation, to clean (or cause to be cleaned by an outside company) the Transit Station after three (3) days written notice to County. Section 6 - Security. West Vero shall not be responsible for providing security for the Transit Site or for any persons using the Transit Station _The County agrees to indemnify and hold West Vero (and its members, officers and employees) harmless from all loss, cost, damage and/or claim incurred by them in connection with the Transit Station. The foregoing indemnity shall survive the expiration or sooner termination of this Agreement. Section 7 - No Partnership. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood that nothing contained herein, or any acts of the parties hereto other than the relationship of West Vero and County. Section 8 - Notices. Any notice, request, demand, approval, consent or other communication which West Vero or County may be required or permitted to. give to the other party shall be in writing and shall be mailed or hand delivered to the other party at the addresses 35 set forth below: If to West Vero: West Vero Crossings, LLC. Attention: Alexander Brock and Jarrett Brock 4650 Donald Ross Rd Suite 200 Palm Beach, FL 33418 (561) 684-1040 alexanderb@brockdevelopmentcorp.com jarrettb@brockdevelopmentcorp.com With a copy to: Greenspoon Marder LLP 200 East Broward Blvd., 15th Floor Fort Lauderdale, Florida 33301 Attention: Mark Somerstein Mark.somerstein@gmlaw.com If to County: Executive Director Go Line Transit System c/o Senior Resource Association, Inc. 694 14th Street Vero Beach, FL 32960 or to such other address as either party shall have designated by notice to the other pursuant to this paragraph. The time of the rendition of such notice shall be one of the following: (1) two (2) days after same is deposited in an official United States Post Office with postage. prepaid, and with certified or registered mail, return receipt requested; (2) the date of when same is hand delivered; or (3) the date delivered by overnight courier with confirmation of delivery required. Section 9 - Authorization. West Vero and County hereby represent and warrant to the other that as of the date of this Agreement, the undersigned are duly authorized to execute this Agreement on behalf of West Vero and County, respectively. Section 10 - Choice of Law; Venue. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted in accordance with the laws of the State of Florida. Venue for any dispute arising as a result of this Agreement shall be Indian River County. Section 11- Compliance. County agrees to comply with all applicable laws, rules, codes, and/or other regulation governing such operation and this Agreement; obtain any and all necessary consents or approvals, and to display same as required by any law, rule, code, or regulation. Section 12 — Attorneys' Fees. In connection with any legal proceedings arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable costs, expenses, attorney and paralegal fees, including without limitation, those incurred whether or not litigation is commenced, and also those incurred at trial and in any administrative, arbitration, mediation, bankruptcy or appellate proceedings. 36 Section 13 - Time of the Essence. Time is of the essence of the Agreement. Section 14.- Severability. If any sentence, phrase, paragraph, provision or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion hereto. Section 15 License to Use Copyrighted Materials and Trademark Rights. West Vero acknowledges that County owns and holds all right, including patents, trademarks, copyrights and trade secrets in and to all elements of the Transit Station and related structures, designs and drawings, including without limitation, the passenger waiting shelter. County hereby grants West Vero a revocable license to use such rights in the Transit Station and related structure, designs and drawings during the term of this Agreement for the purposes addressed in this Agreement.West Vero shall acquire no right or interest in any of these elements by virtue of the Agreement and all uses of these elements and related rights shall inure to the benefit of County. West Vero agrees not to challenge or otherwise interfere with the validity of County's rights in these elements or County's ownership of these elements and related rights. Section 16 - Indemnification. To the extent permitted by Florida law and subject to the limitations provided by Florida law, County shall indemnify West Vero (and its members, officers and employees, collective, the "Released Parties") against, and hold the Released Parties harmless from all losses,, damages, costs, claims, suits, liabilities, and expenses (including, without limitation, reasonable attorneys' fees including those for services rendered at the appellate court level) resulting from the construction, repair, replacement, any use, removal, maintenance or compliance requirements under this Agreement and/or the Transit Station. AGREED TO by the parties hereto as of the date first above written. West Vero Crossings, LLC By: West Vero Manager, LLC, Manager By: AB Vero, LLC, Manager By: Print Name: Title: Date: Signatures to continue on following page 37 AGREED TO by the parties hereto as of the date first above written. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Joseph E. Flescher, Chairman BCC Approved: Approved: By Jason Brown County Administrator Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney 38 M A U)i3,0t �ilVtl 0 (M/) `/ ^ Ifcci _� �SdI�36DS T - ro - LU oti J ul r — C14 I Cl) C i NX i 1 — — i f s Q� ii �Q I 40 m o� EXHIBIT B- SKETCH BAYLINE SHELTER SPECIFICATION o'` �i ir a€ �� Le •r fry •t : � 'a� �� .:rr.• k rC + •r rrr r 1 324CO kr3ustnal Dr, lda5rt Hula, tAl 43i1i1 + P: (d13y J93�7°5G F (3t31.3USd�S Yk ttwc��Bft��O.c�m . ss�tftitra�o.w-n L 40 41 CONSENT BCC Meeting October 12, 2021 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Parks & Recreation — Conservation Resources / Department of General Services Date: September 24, 2021 To: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director Parks & Recreation From: Beth Powell, Asst. Director Parks & Conservation Resources Subject: Approval of a State Submerged Lands Lease Renewal on Boat Club Island (aka Spoil Island IR25) — BOT File No. 310345813 DESRIPTIONS AND CONDITIONS Boat Club Island, also known as Spoil Island IR25, is located in the Indian River Lagoon west of the Intracoastal Waterway Channel, approximately one-half mile north of Grand Harbor Marina. The island is owned by the State Board of Trustees of the Internal Improvement Trust Fund (BTIITF). Indian River County entered into a 10 -year Management Agreement in 1996 for the purpose of provided boating recreation activities on the island. This agreement eventually transitioned to a Sovereignty Submerged Lands Lease Fee Waived Lease with the construction/repairs of the docks. On February 17, 2015, the Board approved a renewal of the five-year Sovereignty Submerged Lands Fee Waived Lease with the State for use and maintenance of the southern portion of the island. The lease renewal ran through January 25, 2020, and has since expired. The renewal notice from BTIITF was sent to Roland Deblois (retired Community Development) on January 4, 2021, however that lease agreement was not received by staff and did not get renewed. A notice was received in August 2021 by Parks/Conservation staff and is now being brought to the Board for consideration. This renewal will be effective retroactively from January 20, 2020, and run through for a period of five years to January 20, 2025. The lease allows the County to maintain the two public access docks for the purpose of temporary mooring of recreational vessels in conjunction with an upland picnic area. Grand Harbor Community Association, Inc. (GHCA) has a Maintenance Agreement for volunteer work associated with the public use facilities which expires January 25, 2025. GHCA has indicated that they would like to be released from the Maintenance Agreement. The Vero Beach Yacht Club (VBYC) has expressed an interest in entering into a maintenance agreement with the County in order to provide regular volunteer work days to maintain the leased area. The VBYC 42 currently has a maintenance agreement with the Florida Department of Environmental Protection for the northern section of the island. ANALYSIS As reflected in the lease renewal (and in the past leases), public access docks on the island are to be used "exclusively for temporary mooring of recreational vessels in conjunction with an upland public recreational area on spoil island IR25." The lease renewal is a "fee waived" lease, which reflects public use and forgoes an annual lease fee that would otherwise be charged by the State. Although there is no annual fee associated with the proposed five-year renewal, there is a "one- time" administrative processing fee of $692.31 charged by the State for the five-year lease renewal. FUNDING: As previously indicated, the lease renewal will result in no annual lease fee; however, the State administrative processing fee of $692.31 for the five-year lease renewal is proposed to be paid form the General Fund/Conservation Lands/Licenses & Permits account, number 00121572- 034970. Account Name Account Number Amount General Fund/Conservation Lands/ Licenses & Permits 1 00121572-034970 $692.31 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached sovereignty submerged lands fee waived lease renewal for Boat Club Island (Spoil Island IR -25), and authorize the Board Chairman to sign the lease on behalf of the County. ATTACHMENT: Sovereignty Submerged Lands Fee Waived Lease Renewal and attachments. APPROVED AGENDA ITEM FOR OCTOBER 12, 2021 43 This Instrument Prepared By: Tiana D. Brown Action No. 35133 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL BOT FILE NO. 310025634 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to Indian River County, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 36, Township 31 South, Range 39 East, in Indian River, Indian River County, Florida, containing 1,646 square feet, more or less, as is more particularly described and shown on Attachment A, dated November 21, 2000. TO HAVE THE USE OF the hereinabove described premises from October 15, 2017, the effective date of this lease renewal, through October 15, 2022, the expiration date of this lease renewal. The terms and conditions on and for which this lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 3-sli12 public docking facility with a non - water dependent tool shed located within privately -owned lands to be used exclusively for temporary alongside mooring of recreational vessels for public visitors and for law enforcement and marine patrol vessels in conjunction with an upland public historical and recreational site, without fueling facilities, without a sewage pumpout facility, and without liveaboards as defined in paragraph 25, as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease. [ 02-29 ] 44 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the permit(s) referenced in paragraph 1 of this lease. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi -family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips, etc.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the. riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease. 3. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18-21.003(31), Florida Administrative Code. The submitted financial records shall be certified by a certified public accountant. 4. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 5. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 6. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re -sold. 7. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. Page 2 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 45 8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 9. LIABILITY/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768. 28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 10. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: Indian River County, Florida 1801 271 Street, Building A Vero Beach, Florida 32960-3388 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 14. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. 15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. Page 3 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 46 17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment —B, which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 18. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 10 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 19. REMOVAL COSTS/L1EN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B . This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 20. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the facility. 22. ADVERTISEMENT/SIGNS NON -WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement. Page 4 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 47 23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of constructio i and/or any activities on sovereign, submerged lands. 24. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 25. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 26. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the' leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 28. SPECIAL LEASE CONDTION: Mooring at this docking facility is temporary and transient in nature and mooring between the hours of midnight and 5:00 a.m. is prohibited. This docking facility shall be made available to the general Sovereignty Submerged Lands Lease No. 31UU25634 Em IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSES: Original Signature M Print/Type Name of Witness Original Signature Print/Type Name of Witness STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "LESSOR" The foregoing instrument was acknowledged before me this day of 20_, by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: 8/29/2017 Notary Public, State of Florida DEP Attorney Date Printed, Typed or Stamped Name My Commission Expires: Commission/Serial N Page 6 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 49 WITNESSES: Original Signature Typed/Printed Name of Witness Original Signature Typed/Printed Name of Witness STATE OF COUNTY OF Indian River County, Florida (SEAL) By its Board of County Commissioners BY: Original Signature of Executing Authority Joseph E:Flescher Typed/Printed Name of Executing Authority Chairman Title of Executing Authority 4-1 "LESSEE" The foregoing instrument was acknowledged before me this day of , 20 , by Joseph E. Flescher as Chairman, for and on behalf of Board of County Commissioners of Indian River County, Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Commission/Serial Page 7 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 Signature of Notary Public Notary Public, State Printed, Typed or Stamped Name 50 Attachment A Page 8 of 13 Pages SSLL No. 310025634 tFeaYher Pilm _4r % 0 ---Vero Be ch L 3 963River Club f 7 i United States • I -L • Indian Kiver Co. • Indian Kiver S �- �--_ �Rwer_Cub Dr i- Od Winter-Seatfti Rd % (� n 1 51 n Ice W � W � � � '�► w tiwp�W`� hwOUW W U V� VC-, 04�'�� .F?oN p-4 UR Cx, O �� 64 E, E � E,, O �' cq O �O p N�,p w ooh1A1 o��o��aoow 04 N 10 VEm 'aC� VtiC94 oQr �W W o �aU 'z�wq�,wwwwww °� o � �r-13 o o wwwwww � o 0 W U ww o �a W�`�, w v GN C9 13 W VQ r4t�2 �U� w O1., w� Cq",� * ti w s, O ox COr% `°v000000 4 ��� C� U �w���N���w���� coq tiV a64 ti w �hUl�Cj��ti04 ���� F�WCwA�q�A►c=; 0 4 0 E-4 CQ '�F'tio A A A U qo�o two W Ewc0wk �� � Cq ern. . � cod �o 'Q; �C �� pq Wo wa SAF; c� ) c; a � �a•� Q4 W V A •r �! E, E, ��� �O o e o W .O . a7 co ;7 W 0 A0 �b b Attachment A' Page 9 of 13 Pages SSLL No. 310025634 N kn qlr otoQtoQto w wCshw..ao v r4 V N CO,:* 09 09 r "'moi 1"10 . CO m • Ca Cl onCO117C ;0 V wNa7Uto& NNNNVCN�y �. Attachment A . Page 10 of 13 Pages SSLL No. 310025634 Clb ' � n W vJ LO i N rag - lit Q) I �( � Qq �Qq I � I l "% ea � I , Q4� i I � I +_ vJ � I o ��W o wo�w� vi4w� LOCO V�h i H x 1 h, � W� w ' � I W vJ LO i N rag F wl Q) I �( � Qq �Qq I � I l "% fy I , Q4� i I � I +_ � w H N rag F 1 F O % . "% A � w o ��W o wo�w� vi4w� V�h H x Q O x � to QD �., O to u A�C4r4� � O � V£95ZOOT£ 'ON liss sa$ud £T 3° III 3SM V auaurgauiiv �t 00 IN En wEn 0 i F1 r-1 J 0- a 4J Y W O no Nm �~ Q _ J rr CL n 1948004 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2292 PG: 2170, 09/19/2008 031:52 PM DOC STAMPS D $47250.00 THIS INSTRUMENT PREPARE) BY AND RETURN TO: Assurance Title ILC 4700 NW Boca Raton Blvd A B -201 Boca Raton. Fl 33431 Property Appraisers Parcel Identification (Folio) Number: 31-39-300000.0080-M4.0 and 31-39-364MO00- 0090-00005.0 SPACE ABOVE THIS LINE FOR RECORDING DATA WAR UNTYDEED THIS WARRANTY DEED, made the 19th day of September, 2008 by Richard M. Jones, and Mary E. Jones, husband and wife, each as to an undivided one-half (%) interest as tenants in common whose address is P. O. Box 94,Wabasso, Florida, 32970 herein called the Glamor, to Indian River County, a political subdivision of the state of Florida, whose post office address is 1840125" Street, Vero Beach, Florida 32970, hereinafter called the Grantee: (Wherever used herein the terns "Grantor" and "Grantee" include all the parties to this Instrument and the heirs, legal representatives and assigns ojindlviduals, and the successors and assigns ojcorporations) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz: The North 16.5 acres of thi South 33 acres of Government Lots 8 and 9, Section 36, Township 31 South, Range 39 East, all lying and being in Indian River County, Florida. Less.right of way for Jungle Trail survey baseline per maintenance map as recorded In Plat Book 9, page 40, Public Records of Indian River County, Florid. Subject to easements, restrictions and reservations of record and ,taxes for the year 2008 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby wan -ants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2007. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. File No.: INDIANRI Attachment B Page 12 of 13 Pages SSLL No. 310025634 55 BK: 2292 PG: 2171 Signed, filed and delivered in the presence o£ #1 TAt.LA S. kjjkAtP Witness #2 Printed Name STATE OF FLORIDA COUNTY OF INDIAN RIVER Richard M. J nes as to one -half ('/i) Interest by Jack C. Metz, as Attorney- In- Fact per Durable Power of Attorney dated 10/03/2007 Nva, ...—.•L - .� Mary E. Joaes.as to one -half (Ya) Interest by Jackie Clayton Metz, as Attorney- in- Fact per Durable Power of Attorney dated .10/15/2007 The foregoing instrument was acknowledged before me this 19th day of September, 2008 by Richard M. Jones as to a -half (i4) interest by ack C. e s Attorney- in- Fact per Durable Power of Attorney dated 10J03/2007 and ones as to one -half ( %) Interest by Jackie Clayton Metz, as Attorney�ct per Durable Power of , orney dated 10/15/2007 who is personally known tome or has produced i �� dentification. SEAL Li Notary Public NO'�Y pUgtSC-$TA"fx OF FLORIDA Frances DaSilva51 Printed Notary commisslor,07/04/2010 My Commission - Expires: File No.: INDIANRI Attachment B Page 13 of 13 Pages SSLL No. 310025634 56 i AGENDACONSENT BCC Meeting Octoberi INDIAN RIVER COUNTY, FLORIDA f AGENDA ITEM ,• Assistant County Administrator/ Department of General Services Parks and Recreation Date: August 22, 2021/located To: The Honorable Board of County Commissrn Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Kevin M. Kirwin, Director, Parks and Rec Subject: Approval of a License Agreement with Ints Complex, Inc. (a Not for Profit Florida Corporation) to proseball Programming and Enrichment Programs at the Helen Hated at 8020 129tH Court, Sebastian Fl. BACKGROUND Indian . River Sports Complex, Inc. (a Florida not r profit corporation) approached the County with the concept to provide youth baseball clin' s, leagues and enrichment programs at Helen Hanson Park located at 8020 129th Court, Sebas ' n, Florida. The proposed license agreement will enabX Indian River Sports Complex, Inc. (IRSC) to utilize the lighted baseball field and restrooms o conduct programming in exchange for IRSC making approved improvements to the baseba field. The improvements that IRSC will make during the initial term of this license will be/stalling a baseball field irrigation system, installing natural sports turf and make playabiliprovements to the entire field. In addition to these improvements, IRSC will also aintain the entirety of Helen Hanson Park by providing grounds maintenance and custodial se ces and IRSC will also be responsible for paying all electrical costs for the park. In exchange for the providing the programming and oversight, assuming the maintenance responsibilit' s, making the above improvements and paying the electrical costs for the park; IRSC will not e charged a fee for this license. The proposed term of this license is for an initial three years wit n option to renew for two additional three-year periods. Conditionsof this icense directly related to youth sports programming are that IRSC will ensure that all staff, c ches and volunteers receive a Level 1 Background Check annually and that all staff, coache and volunteers receive enhanced coaching and youth engagement training via SafeSport. nnually, IRSC will provide a detailed description of all programs scheduled and conducte a list of all staff, coaches and volunteers, attendance data and details of how IRSC progra benefited the residents of Indian River County. playground, basketball court and open space of Helen Hanson Park will remain open to the is and use of the baseball field will be coordinated through IRSC with no fee (unless.lights are .ed and that is a $20 fee per hour — the same fees charged for County operated fields). 57 FUNDING: There is no funding required for this item. RECOMMENDATION: Staff respectfully recommends the Indian River County Board of County Commissioner accept the license agreement with Indian River Sports Complex, Inc and Indian River County an execute the same. ATTACHMENT: License Agreement — IRSC, Inc. and IRC Parks and Recreation DISTRIBUTION: Kevin M. Kirwin, Director —Parks and Recreation Approved Agenda Item for October 12, 2021 58 LICENSE AGREEMENT This license agreement ("License Agreement") entered into on this day of 2021 by the BOARD OF COUNTY COMMIS NE OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State Florida, 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as "IRC," nd Indian River Sports Complex INC, 3285 3rd Place Vero Beach, FL 32968, herei fter referred to as "IRSC," in consideration of the mutual promises and agreements "/ forth below, hereby agree as follows: WITNESSETH: ! 1. PROPERTY AND TERM. IRC hereby issues a licen54 to the IRSC for the use of the Helen Hanson Park at 8020 129th Court, /fterwith Flori 32958, in the County of Indian River, Florida, more particularly described : The youth baseball field, bd lighting, and restrooms. The term of the License shall begin approved by the Board of County Commissioners and end three (3) years twith an option to renew for two, three- year terms upon mutual agreement of bo. The' County's right of entry onto the property shall begin upon termination of thiAgreement. 1.1 Extension of License. T%is License shall not be extended beyond the stated term unless agreed upon in writing, 3 days before expiration of this License. 1.2 Termination of Li nse bv IRSC may opt -out of this License anytime during the license period by providing/written notice to IRC. This License shall terminate if the IRSC no longer occupies or us the licensed premises. 1.3 License Fe.6. Provided IRSC performs all terms and conditions of this License Agreement, IRXC shall not be required to pay a fee for use of premises. 2. USE OF PRIZMISES. During the term of this License, the IRSC shall use the licensed premises or IRSC, youth baseball programming, clinics and youth enrichment programming. I C shall not use the premises, or any part thereof, or permit the same to be used for an illegal, immoral, or improper purposes; not to make, or permit to be made, any disturba e, noise, or annoyance whatsoever detrimental to the premises or the comfort and eace of the inhabitants of the vicinity of the premises. Members and guests of IRSC shal not use tobacco or have alcohol on the premises. IRC will permit access to the facility t IRSC, however, that access is not intended ;to be exclusive access. IRSC recogn. es that the Park is open to the public and other than the times IRSC is using the ball fi Id for scheduled activities, the Park and ball field are open and available for use by the ublic. 59 2.1 INCIDENT REPORTING During the term of this License, IRSC shall repo all incidents involving participants and property occurring on the premises to the Ind' n River County Parks and Recreation Director immediately. 2.2 BACKGROUND CHECKS Prior to execution of this license, IRS shall provide a list of all employees, volunteers and coaches to IRC together with a co of their completed Level 1 background checks. During the term of this License, IRSC all obtain Level 1 background checks on any new employees, coaches or volunte s and shall maintain level 1 background checks on all employees, volunteers, nd coaches. Background checks are to be conducted annually. IRSC shall provide a Indian River County Parks and Recreation Director a list of all individuals who have ad a background check performed. 2.3 SAFE SPORT TRAINING During the term of this Lice e, IRSC shall require all employees, volunteers, and coaches to complete an awarene and abuse prevention training program. IRSC shall provide the Indian River County Par s and Recreation Director a list of all individuals who have completed this training. 2.4 Should IRSC fail to report incidents to IRC, fail to ovide background checks or fail to complete and follow the mandates of Safe Sport Trai I/ training that failure shall be grounds for immediate cancellation of this license. 3. PROPERTY LICENSED "AS IS. "IRSC a ees that the property is being licensed "as is" and that IRC makes no warranty or guara ee of the condition of the property or any of the improvements. IRSC has examined a premises and has determined that the premises are suitable for IRSC's purposes. 4. COMPLIANCE OF LAW. IRSC s all comply with all of the laws, rules, ordinances, and regulations of the County, State, a Federal Governments and agencies regarding the use of the premises. Violation of y law, rule, ordinance, or regulation may result in immediate termination of this lice ns agreement. 5. MAINTENANCE AND/REPAIRS. IRSC agrees to make any approved improvement/tear e premis and agrees to keep said premises in a safe, clean and attractive coduring a term of this License Agreement. IRSC shall clean the restrooms daC sha make any repairs to the premises for damages caused by IRSC or its membeues within a reasonable time frame upon request by IRC. Upon the expiration ofic se Agreement, IRSC shall surrender the premises quietly and peaceably intially the same condition as it was at the outset of this License, reasonable wtear and damage by the elements excepted. 5.1 RAL MAINTENANCE IRSC will be responsible for the maintenance and upkeep ontire park grounds, excluding the playground. To include mowing of the ball field andding areas and preparing and maintaining the clay on the infield. 6. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. With written permissi n of IRC, IRSC shall have the right to install on the premises such equipment, fixture , and other items necessary or convenient for its use of the premises. All equipment and roperty purchased by IRSC and placed in, on, or about the premises, including eq pment not affixed to the realty, shall remain the property of IRSC. IRSC may remove s me on or before the termination of the License Agreement, provided that if removal esults in damage to any part of the premises, IRSC shall return the property to a condition 60 suitable for the original intended use of that part of the licensed property. In a dition, any and all personal property not attached or installed in any building or structur shall remain IRSC's property and may be removed on or prior to termination of this Licen Agreement. 6.1 Improvements During the initial term of this license RSC will install an irrigation system servicing the baseball field and make playabili improvements to the baseball field. Any additional improvements or signage must b approved by the Indian River County Parks and Recreation Director in writ/sibility improvements or signage being added to the property. 6.2 Permitting Any improvements and that will require a permit shall be done through Indian River County. 7. UTILITIES. IRSC will pay to assume the rthe Electric Bill for Helen Hanson Park. The IRSC agrees to hold IRC harmterruption in the use and services of such commodities. 8. HOLD HARMLESS. IRSC agrees to old harmless and indemnify IRC from any liability which may arise from the IRSC'suse the property. 9. INSURANCE. The IRSC shall car y the following insurance coverage and shall furnish IRC a certificate of said coverage. 9.1 Special Requirements/ Prior to the commencement of the use of the premises, a certificate of insurance hall be provided to the Risk Manager for review and approval. The certificate shall pr vide evidence of General Liability insurance coverage with limits of $1,000,000 per occ rence and $2,000,000 per aggregate to include $100,000 for third party property damag and $1,000,000 of molestation coverage. IRSC will also agree to the following insuran coverage provisions: A. Indian 5&er County shall be named as an "Additional Insured" on the general liability policy. B. In an River County will be given thirty (30) days notice prior to cancellation or mod 'cation of any stipulated insurance. Such notice shall be in writing by certified. mail, retur receipt requested, and addressed to the Risk Manager. C Provide a waiver of subrogation in favor of IRC and be primary coverage without contrib6tion from IRC or its insurance carrier. 92 Lapse in Coverage. If the IRSC allows insurance coverage required under this Lice a Agreement to lapse, expire, or be canceled, it shall be an immediate breach of the License Agreement and grounds for eviction. 9.3 Damage by Fire or Other Causes. That in the event the premises are de royed or so damaged by fire or other casualty as to be unfit for occupancy or use, then this L' ense Agreement shall thereby be determined ended. IRC shall not be liable to rebuild, eplace or repair said premises. 61 10. PERFORMANCE REPORTING. IRSC shall report' the following to the Ind' n River County Parks and Recreation Director on September 30th of each year. 10.1 A detailed description of all programs conducted at the park by IRS . 10.2 A detailed list of all IRSC employees, coaches; and volunteers. , 10.3 Detailed attendance for each program conducted at the par by IRSC. 10.4 A detailed narrative of how IRSC programs and use of a park have benefited the residents of Indian River County. 11. ASSIGNMENT. IRSC shall not assign/eement r any part of this License Agreement without prior written consent of IRC, wbe withheld for any reason. This License Agreement is entered into with the knoat only the IRSC will occupy the office. No additional entities, whether permaneporary, shall be permitted to occupy the office space during the term of the Licwithout IRC's written consent. IRSC shall not mortgage the premises. 12. ATTORNEY'S FEES AND COSTS. In/the there arises any dispute or litigation over the terms and conditions of this Licens Agreement, the prevailing party shall be entitled to all attorney's fees, costs, and suit m hey expended to resolve that dispute. 13. NOTICE. Any notices which are re fired, or which either party may desire to serve upon the other, shall be in writing and all be deemed served when hand -delivered, or when actually received via U.S. Mail, p tage prepaid, return receipt requested, addressed to IRSC at: Indian River County 3285 3rd Place Vero Beach, FL 32� rts Complex, Inc Such notices to IRC shall be addressed as follows: Indian River ounty Parks and ecreation Director 1590, 9th treet SW Vero B ch, Florida 32962 These addresses ay be changed by either party by providing written notification to the other. 14. RADO GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated n a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in jVuildings in Florida. Additional information regarding radon testing may be obtained from yo)dr county public health unit. This paragraph is included pursuant to the requirement of Florid Statutes Chapter 404.056 for the purpose of public information and notification. 62 IN WITNESS WHEREOF, we, IRC and IRSC, hereunto affixed our nds and seals at Vero Beach, Indian River County, Florida, the day and year first above ritten. IRSC BOARD OF COUNTY CO MISSIONERS OF INDIAN RIVER CO TY, FLORIDA By: By: Its: Joseph E. Flesc er, Chairman Approved by CC: , 2021 Witnessed by: VTEST: signature: printed name: By: Jeffrey R. Smith, Clerk of Court signature: and Comptroller printed name: Approved: Jason E. Brown; County Administrator Approved as to form and legal Sufficiency Dylan Reigngold County Attorney 63 INDIAN RIVER COUNTY; FLORIDA 01 MEMORANDUM TO: Indian River County Board of County Commissioners VIA: Jason E. Brown, County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: TIGR Acquisitions II, LLC Letter of Intent to purchase 1340 Old D /Highway. Tower ' DATE: October 5, 2021 BACKGROUND: Indian River County owns a communications tower located at 1310"Old Dixie Highway in the City of Vero Beach.. This tower supports the County's emergency comications system in the area. This particular tower is located on land owned by the City of VFiil�agllo "Beach. The County currently has a lease in place for the use of this land and that lease expires026. Staff has worked with the City's staff to negotiate the terms of a new 99 -year lease which into effect in January, 2022 pending approval of a referendum, required by the City's charter/during the November 2021 election cycle. On September 29, 2021, the County's tower consult fit, SteepSteel, presented a letter of intent from TIGR Acquisitions II, LLC for the purchase of the f lowing (collectively, the " Tower Assets"): (i) the grant to Buyer from Seller of a. Perpetual Easement underlying and surrounding the Tower (the "Site"), along with any and all access and utili�"easements serving the Site; (ii) the Tower, together with all related improvements, fixtures andpersonal property; (iii) all of those leases, subleases, licenses and other agreements which gran others a right to use or occupy a portion of the Tower or Site (the "Collocation Agreements"); (iv) any permits associated with the Tower or the Site; and (v) any other personal or real property or rights associated with the Tower. ANALYSIS Based on the information detai ed within the letter of intent, the Buyer is willing to purchase the Tower Assets for $1,700,000 0 cash payable in U.S. Dollars (the "Purchase Price"). This offer is subject to satisfactory comp etion of due diligence and execution of definitive agreements. The Buyer has sufficient cash,6n hand to pay the purchase price, and therefore the offer is not contingent upon obtaini g financing. The County's prima rconsideration is the provisioning of public services, and as.such, the County will retain a site lic /-,I- will for our public safety equipment on this tower and the surrounding property to support these nctions going forward. Staff is working with the purchaser to finalize the purchase and le agreement, the site license and the easement agreement, which will be part of the closing pr cess for this property. 64 FUNDING Proposed Sales Price Expenses: City of Vero Beach Lease Consultant's Fee Transfer Taxes Recording Fees Estimated Proceeds $1,700,000 $547,000 $ 102,000 $ TBD $ TBD $1,051,000 (less transfer taxes and Staff recommends that the proceeds of this sale be allocated to and Emergency Services requirements. RECOMMENDATION fees) future Telecommunications Staff recommends that the Board of County Commiss' Hers enter into Letter of Intent (LOI) agreement with TIGR Acquisitions II, LLC and proceed wi11 due diligence. Staff further recommends that the Board authorize the County Administrator to a cute the purchase and sale agreement, the site license and the easement agreement following a completion of the due diligence period and after the County Attorney has approved them as to orm and legal sufficiency. ATTACHMENTS TowerPoint Letter of Intent (9-29/2dn River County (Old Dixie Highway.Cell Tower).pdf DISTRIBUTION Dylan Reingold — County Attorne Tad Stone = Director, EmergencKristin Daniels, Director Manageget 65 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Indian River County Board of County Commissioners VIA: Jason E. Brown, County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: TIGR Acquisitions III, LLC Letter of Intent to purchase 1340 Old Dixie Highway Tower DATE: . October 5, 2021 BACKGROUND: Indian River County owns a communications tower located at 1340 Old Dixie Highway in the City of Vero Beach. This tower supports the County's emergency communications system in the area. This particular tower is located on land owned by the City of Vero Beach. The County current has a lease in place for the use of this land and that lease expires in 2026. Staff has worked with the City's staff to negotiate the terms of a new 99 -year lease which will go into effect in January, 2022 pending approval of a referendum, required by the City's charter, during the November 2021 election cycle. On September 29, 2021, the County's tower consultant, SteepSteel, presented a letter of intent from TIGR Acquisitions II, LLC for the purchase of the following (collectively, the " Tower Assets"): (i) the grant to Buyer of a sublease of the City of Vero Beach 99 -year ground lease underlying and surrounding the Tower (the "Site"), along with any and all access and utility easements serving the Site; (ii) the Tower, together with all related improvements, fixtures and personal property; (iii) all of those leases, subleases, licenses and other agreements which grant others a right to use or occupy a portion of the Tower or Site (the "Collocation Agreements"); (iv) any permits associated with the Tower or the Site; and (v) any other personal or real property or rights associated with the Tower. .ANALYSIS Based on the information detailed within the letter of intent, the Buyer is willing to purchase the Tower Assets for $1,700,000.00 cash payable in U.S. Dollars (the "Purchase Price"). This offer is subject to satisfactory completion of due diligence and execution of definitive agreements. The Buyer has sufficient cash on hand to pay the purchase price, and therefore the offer is not contingent upon obtaining financing. The County's primary consideration is the provisioning of public services, and as such, the County will retain a site license for our public safety equipment on this tower and the surrounding property to support these functions going forward. Staff is working with the purchaser to finalize the purchase and sale agreement and the other transactional documents which will be part of the closing process for this property. Purchase and Sale Agreement for 1340 Old Dixie Highway Tower 1) FUNDING Proposed Sales Price $1,700,000 Expenses: City of Vero Beach Lease $ 547,000 Consultant's Fee $ 102,000 Transfer Taxes $ TBD Recording Fees $ TBD Estimated Proceeds $1,051,000 (less transfer taxes and recording fees) Staff recommends that the proceeds of this sale be allocated to meet future Telecommunications and Emergency Services requirements. RECOMMENDATION Staff recommends, that the Board of County Commissioners enter into Letter of Intent (LOI) agreement with TIGR Acquisitions III, LLC and proceed with due diligence. Staff further recommends that the Board authorize the County Administrator to execute the purchase and sale agreement and the other transactional documents which will be part of the closing process for this property following the completion of the due diligence period and after the County Attorney has approved them as to form and legal sufficiency. ATTACHMENTS TowerPoint Letter of Intent (9-29-2021) — Indian River County (Old Dixie Highway. Cell Tower)_v2.1. pdf DISTRIBUTION Dylan Reingold — County Attorney Tad Stone — Director, Emergency Services Kristin Daniels, Director Management and Budget Purchase and Sale Agreement for 1340 Old Dixie Highway Tower T 0 W E R P 0 1 N T September 29, 2021 RE: Old Dixie Hwy Tower Indian River County 184025 th Street, Vero Beach, FL 32960 Via — Email Delivery: James Kennedy of Steep Steel kennedy@steepsteel.com Dear James, This letter of intent ("LO1") sets forth the basic terms of a possible purchase by TIGR Acquisitions III, LLC, a Delaware limited liability company, and its successors and assigns or one of its wholly owned subsidiaries or affiliates, ("Buyer"), from Indian River County, or one of its affiliates "Belle►"), of a multi- user telecommunications tower facility (the "Towers)" , as listed on Schedule A. 1. Assets to be Purchased/Leased. Buyer's offer is for the following (collectively, the "Assets"): (i) the grant to Buyer of a sublease of the City of Vero Beach 99 -year ground lease underlying and surrounding the Tower(s) (the "Lite s "), along with any and all access and utility easements serving the Site; (ii) the Tower, together with all related improvements, fixtures and personal property; (iii) all of those leases, subleases, licenses and other agreements which grant others a right to use or occupy a portion of the Tower or Site (the "Collocation Agreements"); (iv) any permits associated with the Tower or the Site; and (v) any other personal or real property or rights associated with the Tower. 2. Consideration. Based on the information provided to date, Buyer is willing to purchase the Assets for $1,700,000.00 cash payable in U.S. Dollars (the "Purchase Price"). This offer is subject to satisfactory completion of due diligence and execution of definitive agreements. Buyer has sufficient cash on hand to pay the Purchase Price, and therefore our offer is not contingent upon obtaining financing. • Buyer will assume no liabilities at Closing, except: (i) the current liabilities associated with the contracts Buyer would assume in connection with operating the Assets, including the Collocation Agreements, and (ii) those liabilities as agreed to by Buyer as part of the Purchase Agreement. Buyer acknowledges that Seller is in the process of pursuing Unpaid Utility Reimbursement (UUR) and to the extent Buyer receives a UUR payment, Buyer will promptly remit the UUR back to Seller • This LOI and the transaction are contingent upon approval from the City of Vero Beach of the referendum to grant a 99 -year lease to the County. Buyer will take possession of the Site subject to the 99 -year lease with the City of Vero Beach. • The. Collocation Agreements are in full force and effect, are not in default and Seller has not received any communication regarding the termination or modification of any ofthe Collocation Agreements. 1 1170 Peachtree St NE, Suite 1650, Atlanta, GA 30309 1 towerpoint.com I Ph: 678.775.0360 1 F: 678.775.0361 Tq . ��-� T 0 W E R P 0 1 N T • The Collocation Agreements obligate the tenants and licensees to pay all fees and utilities associated with their operations at the Site. • Schedule A to this LOI, the financial information and all other information provided by Seller related to the Assets are true and correct.in all material respects. 3. Definitive Purchase Agreement. The parties agree that the form of definitive purchase agreement is attached hereto as Schedule B (the "Purchase Agreement"). • Closing Date. The parties agree to use good faith efforts to expedite the Closing so that it occurs on or before December 31'' 2021 4. Other Terms. Buyer's obligations to close would be expressly contingent upon the receipt of all necessary internal and third party approvals and consents, confirmation that the assumptions set forth in Paragraph 3 are true, and satisfactory completion of its due diligence regarding the operation of the Assets, including, but not limited to; the condition and physical attributes of the Site, the structural capacity for additional tenant collocations, the terms and conditions of the Collocation Agreements, title, "and the quality of documentation regarding the Site. Once Buyer completes its due diligence and chooses to close Buyer accepts the Assets "As Is" with no warranty from Seller other than standard carve outs listed in the Purchase Agreement. 5. Earnest Money Deposit: Within five (5) business days after the mutual execution of the Purchase Agreement and the Buyer's receipt of the Due Diligence Materials (hereinafter defined), the Buyer shall deposit an earnest money deposit in an amount equal to $17,000.00 (the "Earnest Money Deposit") with the Escrow Agent named in the Purchase Agreement. The earnest Money Deposit shall be held as specifically provided in the Purchase Agreement and shall be applied to the Purchase Price at Closing. After the conclusion of the Due Diligence Period (as hereinafter defined), the Earnest Money Deposit shall not be refundable, except upon terms otherwise expressly set forth in the Purchase Agreement. 6. Due Diligence Review. Within ten business days following the execution of this LO1, Seller agrees to provide Buyer the following documentation relating to the Assets: (i) all FAA and FCC documentation, excluding any FCC licenses, if any, held by Seller related to transmitting or receiving telecommunication signals at the Site; (ii) any permits and government approvals relating to the Site; (iii) environmental reports and documentation relating to the Site; (iv) any drawings, plans or surveys relating to the Assets; (v) any geotechnical reports; (vi) sufficient data, and access to personnel and documentation, to perform a detailed proof of cash receipts and disbursements for the three most recent monthly periods; (vii) any SNDAs or similar agreements; (viii) copies of each Collocation Agreement; and (ix) legal descriptions of the Site (collectively, the "Due Diligence Materials"). Buyer will use commercially reasonable efforts to complete its due diligence review within thirty (30) days following the full execution of the Purchase Agreement. 0) 1170 Peachtree St NE, Suite 1650, Atlanta, GA 30309 1 towerpoint.com I Ph: 678.775.0360 1 F: 678.775.0361 ,VF43iif,,�'r°w. T0WERP01NT 7. Entry and Testing Agreement. After the full execution and delivery of this LOI, Buyer will provide Seller an entry and testing agreement permitting Buyer to enter upon the Site to perform due diligence. Seller will sign or provide comments to such agreement within three business days and that testing to be limited to no disruption of tower assets integrity. 8. Expenses of Transaction. Each party will be responsible for its own expenses, Seller will pay any transfer taxes, and any recordingfees. Buyer agrees to pay all escrow and closing costs. 9. Authority of Seller. Seller represents and warrants to Buyer that Seller's negotiations, execution, delivery and performance of this LOI or a Purchase Agreement substantially as described above will not violate, conflict with, or result in the breach of the terms of, any agreement by which Seller or any part of the Assets is bound. 10. Operation in Ordinary Course. Seller will operate the Assets in the usual and ordinary course and in conformity in all material respects with all applicable laws, ordinances, regulations, rules, or orders, and will use its best efforts to preserve both the continued operation of the Assets and Seller's relationships with its customers, suppliers, and others having business relations with Seller related to the Assets. 11. Exclusive Negotiations. In consideration of anticipated expenses to be incurred by Buyer in pursuing its acquisition of the Assets, Seller agrees that after signing this LO1, Seller, its employees, agents and representatives will neither discuss nor negotiate, directly or indirectly, with any other possible buyer, nor entertain nor consider any inquiries or proposals relating to the possible disposition of the Assets or of any part of the Assets for a period of 30 days from the date of the last signature hereof ("Exclusivity Period"). During the Exclusivity Period, you agree to promptly notify Buyer if any person, company or group seeks to initiate any discussions regarding the Assets. 12. Nonbinding Agreement. The parties acknowledge that, except as expressly set forth in this LOI, this LO1 is non-binding and the various terms to be included in the Purchase Agreement remain to be negotiated. While the Parties agree in principle to the content of this LOI and propose to 3 1170 Peachtree St NE, Suite 1650, Atlanta, GA 303091 towerpoint.com I Ph: 678.775.0360 1 F: 678.775.0361 T Q W E R P ,O I N T proceed in good faith to negotiate the Purchase Agreement and any related agreements, neither party shall have any obligations or duties to the other party except as set forth in paragraphs 10, 11,12 and 15 of this LOI (which are binding and enforceable obligations of the Parties), unless and until a Purchase Agreement has been executed and delivered. Notwithstanding the foregoing, in the event of a breach of this LOI by you, TowerPoint shall, in addition to its other rights and remedies (including recording a copy of this LOI), be entitled to compensation for its time, effort and expense to evaluate this transaction and, in any action to enforce this LOI, to recovery of its reasonable attorneys' fees, and that such terms shall be mutual to both parties. 14. Breach. In the event of a breach of this LOI by Seller, Buyer shall, in addition to its other rights and remedies (including recording a copy of this LOI), be entitled to compensation for its time, effort and expense to evaluate this transaction and, in any action, to enforce this LOI, to recovery of its reasonable attorneys' fees, and that such terms shall be mutual to bothparties. 15. Expiration. If Buyer does not receive an executed copy of this LOI from Seller by 5:00 PM, Eastern Time, on October 15th 2021 we will assume that you have no further interest in pursuing this matter and this LOI will be of no further force and effect. [Remainder of page intentionally left blank. Signature page follows.] 4 1170 Peachtree St NE, Suite 1650, Atlanta, GA 30309 1 towerpoint.com I Ph: 678.775.0360 1 F: 678.775.0361 q z�ljsrf,. 'TOWE R.POIN`T If the foregoing is acceptable and represents your understanding, please sign below to indicate your agreement and confirm your intent to proceed with negotiations consistent with the terms of this LOI. Very truly yours, By: . Jesse M. Wellner, CEO AGREED & ACCEPTED, this day of . 2021 Indian River County By: Print Name: Title: .:By: Print Name: Title: By: Print Name: 5 1.170 Peachtree St NE, Suite 1650, Atlanta, GA 30309 1 towerpoint.com Ph: 678.775.0360 F: 678.775.0361 TOW ERPO INT Site Name Site Address Latitude, Longitude Schedule A 1340 Old Dixie Highway 1340 Old Dixie Highway, Vero Beach, FL 32960 27.625594, -80.394083 :Site Attributes t -- - Tower # - - AGL (ft.) Tower Tower Type. # of Leases Year Built Ownership 2 214 Lattice Owned 2 1995 - Total Operating Expenses:¢!•,:;.:e,.,- _- Property Taxes Tenant Inform tion—.1,1--, - - Real Estate Taxes Tenant Rent Tenant Rent Escalation Commence Initial Term 3,000 Renewal Tenn Lease - - Tenant Annual Fre uenc Escalation (k) .Fre Frequency (Yrs) Date Mos It of Renewals Mos Expiration Dat Verizon Monthly 1 TBD TBD TBD TBD TBD AT&T Monthly 1 1 TBD TBD TBD TBD TBD - Total Operating Expenses:¢!•,:;.:e,.,- _- Property Taxes S - - Real Estate Taxes $ Maintenance $ 3,000 Insurance S 750 Power S - Monitoring S 600 Total - - - 4,350 11 1170 Peachtree St NE, Suite 1650, Atlanta, GA 30309 1 towerpoint.com I Ph: 678.775.0360 1 F: 678.775.0361 �� , f 'T0WE RP(4INT Schedule B [PSA To be drafted] ��ivER Office of the o INDIAN RIVER COUNTY r ADMINISTRATOR �LORI�� Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator F MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: October 4, 2021 SUBJECT: Meetings of the Indian River County Board of County Commissioners Proposed 2022 Meeting Dates Attached for the Board of County Commissioners consideration is a proposed schedule of Board meeting dates for 2022. Staff requests direction from the Board. 66 January 11, 2022 January 18, 2022 February 1, 2022 February 8, 2022 February 15, 2022 March 1, 2022 March 8, 2022 March 15, 2022 April 5, 2022 April 12, 2022 April 19, 2022 May 3, 2022 May 10, 2022 May 17, 2022 June 7; 20Wr c June 14.,-2022 � June 21, 2022 July 5, 2022 July 12, 20222 August 16, 2022 Septe bm er ,13 2022 September20, 2022 October 4; 20221 (�O ober 11, 2022 Octolier 18, 2022 November 1, 2022 November 8, 2022 November 15, 2022 December 6, 2022 December 13, 2022 December 20, 2022 67 lib COUNTY ADMINISTRATOR MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THRU Jason Brown, County Administrator FROM: Suzanne Boyll, Human Resources Director Michael Zito, Assistant County Administrator Tad Stone, Director of Emergency Services DATE: October 4, 2021 SUBJECT: Collective Bargaining Agreement between Indian River County and the International Association of Firefighter's, Local 2201 FY21-22 General Wage Increase The current collective bargaining agreement between Indian River County and the International Association of Firefighter's Local 2201(IAFF) included a wage reopener to negotiate a general wage adjustment for the third and final year of the agreement FY2021/22. The parties met on several occasions to negotiate the third year wage adjustment. Tentative agreement was reached on August 20, 2021 to provide a 4% general wage increase effective the first full pay period in October 2021. This wage adjustment would increase the minimum and maximum of the pay plan for each IAFF represented position. The proposed agreement was submitted to the IAFF membership and ratified by the Union on September 30, 2021. The 4% wage increase is presented to the Board of County Commissioners for approval. FUNDING: Funds are budgeted and available in the Emergency Services District budget (Fund 114) to provide for the recommended wage increase totaling $933,656 including benefits. RECOMMENDATION: Staff respectfully recommends approval of a 4% general wage increase for employees represented by the International Association of Firefighter's, Local 2201 effective the first full pay period in October 2021 and requests the Board authorize its Chairman to sign the First Amendment to October 1, 2019 Collective Bargaining Agreement, Article 34 — Salaries providing for the general wage increase. ATTACHMENTS: First Amendment to Article 34 - Salaries of the Agreement between Indian River County and the International Association of Firefighter's, Local 2201 to include Exhibit A. M THIS FIRST AMENDMENT by and between INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, hereinafter referred to as the "County", and the INDIAN RIVER COUNTY FIREFIGHTERS/PARAMEDICS ASSOCIATION, LOCAL 2201, IAFF, hereinafter referred to as the "Union". WHEREAS, effective November 19, 2019, the parties entered into the Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period of October 1, 2019 through and including September 30, 2022; and, WHEREAS, Article 34, Salaries, provides for bargaining unit employees to receive general wage increases, step increases, and lump sum payments, if any, mutually agreed to by the County and the Union. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Article 34, Salaries, shall be amended asset forth in Exhibit "A". 2. The remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this FIRST Amendment on the date below written. . INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT By Joseph E. Flescher, Chairman Date Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney INDIAN RIVER COUNTY FIREFIGHTERS/ PARAMEDICS ASSOCIATION, LOCAL 2201, IAFF By John O'Connor, Union President Ratified by the Union on the 30th day of September 2021 Attest: Jeffrey R. Smith Clerk of the Court and Comptroller BY. Deputy Clerk 69 34.1 Upon receiving Firefighter certification, Paramedic I will be placed in the Dual Certified pay scale, effective the first day of the next 28 -day cycle. Upon becoming Firefighter certified ALS personnel will be converted using a 52.5% rate. They will be placed in the step plan based on their years of service. In the event that the converted pay rate is higher than the step they are placed in, their pay will remain at the converted rate until such time that the range or their subsequent step increase is greater than the converted rate of pay - New hires who possess only firefighter certification and do not possess paramedic certification will be hired in at $2,000 below the entry level for dual certified positions and will be required to become dual celtified within 24 months of hire. Upon attainment of dual certification, their pay will be increased to the entry level rate for a dual certified position. 34.2 Bargaining unit employees will be provided wages as follows: A. For Fiscal Year 2019-20, effective the first full pay period in October, all bargaining unit employees shall receive a 3% general wage increase' (except single certified probationary employees whose pay shall be adjusted to remain at $2,000 below the entry level for a dual certified position). The general wage increase will adjust the minimum and maximum of the respective pay plan. B. For Fiscal Year 2020-21 effective the first full pay period in October, all bargaining unit employees shall receive a 3% general wage increase (except single certified probationary employees whose pay shall be adjusted to remain at $2,000 below the entry level for a dual ceItified position). The general wage increase will adjust the minimum and maximum of the respective pay plan. C. For Fiscal Year 2021-22, effective the first full pay period in October, all bargaining unit employees shall receive a 4% general wage increase (except single certified probationary employees who pay shall be adjusted to remain at $2,000 below the entry level for a dual certified position). The general wage increase will adjust the minimum and maximum of the respective pay plan. 70 D. The County and the Union currently use a 17 step pay plan that provides for movement within the designated classification. The County and the Union agree to the following changes to the existing step plan: a. Using the adjusted. 17 step plan, the first full pay period in April 2020, each employee represented by this agreement (unless otherwise stated) will receive a market equity adjustment equal to 2 steps within their existing classification in the 17 step plan. Using the minimum and maximum of the 17 step pay plan, a 14 step plan will be established with equitable percentage increases between the steps (See Exhibit B). Employees will then be placed in the 14 step plan, incorporated into the agreement as Exhibit B, in the step that is closest to the employee's new annual salary after the 2 step equity adjustment. If the new salary is less than the average between two steps, employee will be placed on the lower step. If the new salary is greater than the average between two steps, employee will proceed to the next step. New hire employees who are dual certified at the time of the equity market equity adjustment and are in step one, shall advance one step under the market equity adjustment and be placed in step two of the 14 step pay plan. New hire employees, who have not attained paramedic ce Itification as of the first pay period in April 2020, will not be eligible for the market equity adjustment until attainment of the paramedic certification. Their salary will remain $2,000 below step one in the 14 step pay plan. In FY 2019-20, effective the pay period following attainment of paramedic certification, new hire employees who attain paramedic certification shall have their pay increased to the entry level rate for a dual certified position and advance to step two in the 14 step plan, Topped out employees who did not receive a market equity adjustment as a result of placement in the 14 step pay plan, shall receive a $1,200 lump sum payment not added to their base pay to be paid in the first.full pay period in April 2020. E. Effective the first full pay period of April 2021 and April 2022 all non -topped out bargaining unit employees, except new hires who have not attained dual certification, will proceed to the next step of their respective pay plan. Topped -out employees shall receive a $1,200 lump sum payment not added to their base pay to be paid in the first full pay period of April 2021 and April 2022. New hire employees, who have not attained paramedic 71 certification as of the first full pay period in April 2021 and 2022 respectively, will not advance to the next step of their respective pay plan until paramedic certification is attained (not to exceed 12 months from date of hire). Upon attainment of paramedic certification, their pay will be increased to the entry level rate for a dual certified position and the employee will receive the step increase effective the first full pay period following attainment of the paramedic certification. F. Step moves, cost -of -living increases, general wage increases, pay scale adjustments or lump sum payments, if any, after September 30, 2022 shall be established through collective bargaining for a successor Agreement. G. In the event of promotion, the employee shall move to the same step of the pay plan for the higher rank on the first day of the pay period nearest to the date of promotion. In the event the same step of the pay plan does not exist for the higher rank, the employee shall move to the lowest step of the higher rank and shall not be eligible to receive the first subsequent step increase provided in 34.2 D and E. 72 V EX? Office of the z INDIAN RIVER COUNTY e: \* '` ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Kathleen Keenan Legislative Affairs and Communications Manager DATE: June 9, 2021 SUBJECT: Legislative Update Presentation I would like to provide an update on the 2021 Florida Legislative Session. The presentation will include detail on the state budget for fiscal year 2021-22, as well as new policy changes related to the County's legislative priorities. 73 a �� 1 • "�; ', `� A ;, `� ', y' i . s� ice' _ i �' i ice+ .R_�'�'+ � - - -,- '�,� � � ,� j�-�l ' .� �- � /•�.N y � � ti• 2022 Florida Legislative Session ORI i The 2022 Florida Legislative Session will convene in Tallahassee, on Tuesday, January 11, 2022 and will run through March 11, 2022. F7r.midincy Drinrinlpc Indian River County's State Delegation Senator Debbie Mayfield District 17 Representative Erin Grail District 54 75 C I 1 ; >• 1 {/ .. �, .LCOME TO ►�. ,,-. ��;;�; rel � � � -- �� 4 - COUNITY 79. .. >r • ' t .ti ��, / - v.'E .� —_ . ,�.ai,g. — - ,�.��_�-�� �f�-- -''ice � �y�� , ��� . W—W �• r � A. tq. i M +nf x'�r ORIS A Guidin The ability to maintain home rule and to avoid unfunded mandates are central to Indian River County's state legislative priorities and Pr i n c i pife s concerns. Indian River County works with the Florida Association of Counties (FAC) and other local governments across the State of Florida to advocate for these ideals. In general, the Indian River County Board of County Commissioners (BCC) supports FAC's legislative policy statements. • Indian River County BCC SUPPORTS maintaining the integrity of county home rule power, both administrative and fiscal, which allows counties to develop and implement community- based solutions to local problems. • Indian River County BCC OPPOSES any unfunded mandate legislation which would compel local governments to provide a service, program, or benefit without providing the appropriate monies or a funding source. 76 Ixora Park Sewer System Rehabilitation State Requested Amount: $3,000,000 Appropriation The Ixora Park Sewer System Rehabilitation project will replace a Requests sanitary sewer collection system that has reached the end of its service life. Frequent failures of the system result in sink holes in the community's roadways, presenting a public safety hazard and service interruptions. The current system is comprised of 9,700 linear feet of vitrified clay pipe gravity sanitary sewer and 23 manholes adjacent to the South Relief Canal, a tributary of the Indian River Lagoon. The total projected cost of the project is $12 million. Hobart Water Treatment Plant SCADA System Upgrade Requested Amount: $615,000 This project will upgrade the electrical and supervisory control and data acquisition (SCADA) systems at the Hobart Water Treatment Plant so that both of the +615000 County's water treatment plants will be on the same SCADA system. This system enables plant operators to centrally and remotely access, monitor and perform systematic operations for all of the key processes used in water production. ThgJotal projected cost is $1,230,000. Indian River Lagoon Legislative The 156 -mile -long Indian River Lagoon is one of the most Priorities biodiverse ecosystems in the nation and is a treasure for the State of Florida. The Lagoon provides an economic benefit by promoting tourism and creating recreational opportunities for residents. The Lagoon is also an important element in the protection of our environment, including endangered and protected plant and animal populations. The County hopes to continue its partnership with the State of Florida on future ventures that will reduce the nutrient load in the Lagoon so future generations can enjoy this natural wonder. Position: Indian River County BCC SUPPORTS policies that will enhance the economic wellbeing of Indian River County by treating and monitoring the health of the Lagoon; and SUPPORTS funding for projects, including septic to sewer conversions, that will aid in protection of the Lagoon. 78 ti + IL lip NIL Beach Restoration and Renourishment L� Wative The Florida Department of Environmental Protection (FDEP) has a �ri®r����� Beach Management Funding Assistance Program to protect and restore the state's beaches. Erosion leaves miles of beaches, public infrastructure and upland development vulnerable to future storm events as well as impacting tourism. Currently, beach renourishment is funded via documentary stamps along with countless other programs. This leaves beach renourishment projects fighting every year for a very small piece of a large pie. Indian River County, like its sister counties to the north and to the south on Florida's east coast, has a natural nearshore hardbottom resource. This resource is classified as an essential fish habitat. It provides foraging and breeding grounds for juvenile fish. Indian River County's beach management plan is specifically customized to maximize the fill while minimizing the impact to the nearshore hardbottom resource. Position: Indian River County BCC SUPPORTS the creation of a newly dedicated and reoccurring statutory funding sourMfor beach restoration and renourishment projects. Legislative Broadband Internet Service The lack of broadband internet service in rural and underserved Priorities areas was a challenge for many households and businesses across the state duringthe COVID-19 pandemic. This created roadblocks for business expansion in rural and underserved areas of our community. It is imperative that these areas contain the infrastructure and service capability necessary to provide efficient internet serviceto residents. By working with, the Florida Legislature, the Office of Broadband, and community stakeholders, Indian River County hopes to implement programs that will aid in providing efficient internet service to the rural -and underserved communities within the. County. Position: Indian River County BCC SUPPORTS legislation which directs the Office of.Broadband to expand access to effective broadband internet service in rural and underserved areas; and SUPPORTS additional funding for grant programs and initiatives that promote access to effective broadband internet service in rural:.and underserved areas. 80 �- ZLI �OR1�i A dditional Affordable Housing. /'� SUPPORT the existing state housing trust funds for affordable Leislative housing programs, specifically the local State Housing g Initiatives Partnership (SHIP) and State Apartment Incentive Priorities Loan program (SAIL) and OPPOSE efforts by the legislature to not fully fund the state housing trust funds for affordable housing programs. Vacation Rentals OPPOSE policies that would preempt a local government's ability to have local ordinances related to vacation rentals. No -Discharge Zones SUPPORT policies that create or establish No -Discharge Zones along the Indian River Lagoon, prohibiting boats from discharging treated or untreated sewage into the County's waterbodies. Sebastian River Improvement District The Sebastian River Improvement District's (SRID) purpose is to provide drainage and flood protection for Indian. River County residents within their boundaries. The County is aware that SRID recently met or will meet the conditions of a financial emergency pursuant to Section 218.503, Florida Statutes. Indian River County BCC will MONITOR SRID's process of determining a financial emergency to ensure residents and tax payers are not negatively impacted. Concerns OFinance and Tax Policies Millage Rates OPPOSE policies that will negatively change the formula for calculating a local government's maximum millage rate; and OPPOSE policies that prohibit local governments from redeeming earned rolled back credits. Communications Service Tax ,LORI A SUPPORT policies that (1) modernize the Communication Service Tax in a manner tha is revenue neutral; (2) simplify administration and collection of the tax; (3) provide fo a broad and equitable tax base; provide for enhanced stability and reliability; and (4) provide the opportunity for market-based application. Shared Revenue Sources SUPPORT policies that consider impacts to the state revenues shared with counties for the provision of local services; and OPPOSE permanent modifications to state shared revenue sources or related funding formulas that would significantly impact the counties' ability to continue to fund local services. Tax Reform SUPPORT tax reform measures. that simplify administration, enhance effectiveness to meet current and future public service demands, and provide an economic boost to Florida's taxpayers while at the same time consider and minimize the collective and cumulative negative impacts on local revenues. Local Preemption on Business Regulation and Taxes OPPOSE policies that would remove the authority for counties and municipalities to increase business tax rates or to impose additional business taxes in the future. RE Concerns O Finance and Tax Policies Continue vER c� 0010 �ORII)% Local Government Fiscal Responsibility_ OPPOSE policies that would negatively impact the collection of ad valorem taxes and other revenue sources. Constitutional Officers . SUPPORT policies that provide adequate state funding for constitutionally prescribed county officers that are required to perform duties on behalf of the State of Florida; and SUPPORT an increase in transparency for Constitutional Officers' cost of providing services to taxpayers. Tourist Development Tax OPPOSE policies that mandate tourist development funds be diverted away from local communities, or impair the County's use of the funds for local tourist development. Fuel Taxes SUPPORT indexing local option fuel taxes to annual adjustments of the Consumer Price Index. County Funding of Court—Related Costs and Judicial Responsibilities SUPPORT policies to remove the automatic 1.5% increase in funding for Court related functions; SUPPORT policies to increase funding for service fees charged for recording documents and instruments to adequately fund the Court; and OPPOSE the use of local revenue sources to fund the State of Florida's judicial responsibilities. 83 Concerns �= Administration Policies d= �LORIV Local Government Accountability and Trans a� rency_ SUPPORT policies that promote the provision of accurate and accessible administrative and fiscal public information in a manner that is fiscally responsible, publicly comprehensible, technologically efficient, and that does not constrain the effective administration of local services. Local Government Administration SUPPORT policies related to retirement, workers' compensation and other administrative systems based on sound and accurate data analyzed with j.;' ` " consideration for state and local fiscal impact, fairness and accessibility for state and local employees, as well as, predictability and stability relative to market forces for the long-term effective management of state and local financial plans. ,State of Emergency_ OPPOSE policies that would inhibit the County's ability to provide services to the community immediately following a natural disaster including, but not limited to, employment policies. 84 Concerns Health, Safety Human Services and Public Policies � ORII)t Medicaid Services SUPPORT policies to establish a 3% cap on growth in the individual county Medicaid costs under s. 409.915, F.S., SUPPORT the provision determining the rate of overall growth of the County Medicaid cost share be maintained at 50% and not be changed to 100% of the rate of growth in the State Medicaid expenditures; and OPPOSE efforts to further shift state Medicaid costs to counties. Coverage For Emergency Services OPPOSE policies that would negatively impact the Indian River County Emergency Services District's ability to be reimbursed for providing advance life services and basic life services to patients who have out -of -network providers. Medical Examiners OPPOSE policies that prohibit medical examiners from charging a fee for examination and autopsy services that a medical examiner is required to perform by law for cremation services. First Responders SUPPORT the use of Critical Incident Stress Management Plans to assist first responders with psychological traumas including post-traumatic stress syndrome. Housing Assistance OPPOSE policies that require the establishment of a local government risk mitigation program. Certificates of Public Convenience and Necessity_(COPCN)_ OPPOSE policies relating to COPCNs which would negatively impact the County's Emergency Services District's ability to provide services. School Resource Officers SUPPORT the creation of a new dedicated and recurring statutory funding source 86 fully fund School Resources Officers (SRO) positions in all public schools. Concerns Environmental Resources and Water Policies OR19 t Fracking. OPPOSE state preemption of fracking activities; OPPOSE policies that create a public records exemption for proprietary information provided by drilling companies to the FDEP through FDEP's online chemical disclosure registry; and SUPPORT the ability of local governments to adopt local moratoriums on all new well stimulation activities, including hydraulic fracturing and acidization. Septic to Sewer SUPPORT continued funding for septic to sewer conversions to include all of the communities along the Indian River Lagoon. Derelict Vessels SUPPORT policies that would streamline the process to remove derelict vessels from the waterways of the State of Florida; and SUPPORT revised statutory authority and continued state funding for the enforcement and removal of derelict vessels, with emphasis on chronic offenders. Green Space Funds SUPPORT policies that add conservation lands to the list of greenspace areas eligible for funding related to management and the removal of exotic and nuisance native vegetation. M" i Concerns CiLGrowth Management and Infrastructure Policies Growth Management ,,—ORIU OPPOSE policies that would require local governments to incorporate additional goals, objectives, policies or elements into its comprehensive plan. . Florida Building Commission SUPPORT policies that promote a fair and balanced Florida Building Commission which includes members from all of the industries regulated by the Florida Building Code, and OPPOSE policies that seek to limit the representatives on the Florida Building Commission. Impact Fees OPPOSE policies that would prohibit the collection of impact fees no earlier than the issuance of the certificate of occupancy or otherwise negatively impact the County's ability to use impact fees for infrastructure costs. Municipal Service Areas SUPPORT policies that provide where a county has, by ordinance, established one or more utility service areas in the unincorporated area and where the county has the current ability to provide service, a municipality may not provide utility services within such county service area(s) without consent of the county. Historic Dodgertown OPPOSE policies that would (1) inhibit the County's ownership rights or ability to use the Historic Dodgertown or (2) negatively impact the. County's bonds associated with the Historic Dodgertown. r] �L0R1Vi INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 'I T�A Susan Adams Joseph E. Flescher Joe Earman Peter D. O'Bryan Laura Moss Commissioner Chairman Commissioner Vice -Chairman Commissioner District 1 District 2 District 3 District 4 District 5 ADMINISTRATION Jason Brown County Administrator Kathleen Keenan Legislative Affairs and Communications Manager 1801 27th Street I Vero Beach, FL 32960 www.ircgov.com 88 j8A 1 u_ I D u TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 27, 2021 SUBJECT: Amendments to Chapter 304 (Life Support and Wheelchair Services) of the Indian River Code of Ordinances Pursuant to Chapter 304 (Life Support and Wheelchair Services) of the Indian River Code of Ordinances (the "Code"), Indian River County issues certificates of public convenience and necessity for life support and wheelchair vehicle services in Indian River County. Certificates of public convenience and necessity for life support services are issued for a) governmental entities that use advanced life support vehicles to conduct a pre -hospital EMS advanced life support or basic life support service, b) businesses, agencies and hospitals that use ambulances to conduct a non -emergency interfacility medical transport or transfer service at the ALS or BLS level, c) .businesses, agencies, hospitals, and governmental entities who use ambulances to conduct non -emergency interfacility medical transport or transfer services requiring on- board clinical capabilities which may exceed those of a conventionally equipped and staffed advanced life support ambulance and which originate in the county, under a physician's order, and d) businesses and agencies that use ambulances based outside the county to provide specific non -emergency medical services as identified on the certificate and limited to transports out of the county. Under Chapter 304 of the Code, Indian River County also issues certificates of public convenience and necessity for wheelchair vehicle services. These are E or E1 certificates issued under Part II of Chapter 304 of the Code. County staff no longer believes that it is necessary to be involved in regulating the number of businesses offering wheelchair vehicle services in Indian River County. County staff believes that this is better left the being determined by the market need. Thus, County staff recommends that the Indian River County Board of County Commissioners authorize County staff and the County Attorney's Office to draft an ordinance that will delete Part Il of Chapter 304 from the Code. Please find attached the draft language for consideration. This draft also contains technical changes to Part I of Chapter 304 of the Code. FUNDING. The only funding for this item would be the advertising cost of a public hearing for a change to the Indian River County Ordinance Code. RECOMMENDATION. County staff recommends that the Board authorize staff to set a public hearing to consider an ordinance making technical changes,to Part I (Life Support Services) and eliminating Part II (Wheelchair Vehicle Services) of Chapter 304 (Life Support and Wheelchair Services) of the Indian River County Code of Ordinances and amend Part I (Life Support Services). ATTACHMENTS. Draft Chapter 304 Amendment Language 90 CHAPTER 304 - LIFE SUPPORT AND WHEELCHAIR SERVICES PART I. - LIFE SUPPORT SERVICES Section 304.02. - Authority and purpose. This chapter is promulgated pursuant to F.S. Ch. 401. The purpose of this chapter is to promote the health, safety, and welfare of residents of Indian River County in need of emergency medical services by establishing standards for issuing certificates of public convenience and necessity for emergency medical transport services, advanced life support services, and basic life support services; by providing for the adoption of regulations governing the operation of emergency medical transport services, advanced life support services, and non -emergency medical/interfacility transport services. The board specifically intends that the Indian River County Department of Emergency Services shall be responsible for providing emergency pre -hospital ALS and BLS services within the county, with the exception of the Town of Indian River Shores, and that the role of private ALS and BLS services shall be to provide, on request, interfacility/interhospital non -emergency transportation. Rover Gounty-. .11 Section 304.021. - Definitions. The following words shall have the definitions as follows: Advanced life support means treatment of life threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs, intravenous fluids, telemetry, cardiac monitoring, and cardiac defibrillation by a paramedic as defined in Rule 40D-66 64J-1, Florida Administrative Code. Deficiency correction notice means a notice issued by the EMS diresto Emergency Services Director or his designee, notifying a certificate holder of any infraction with the infraction specified and a specified time period allowed for correction. d�►cv: Emergency Services Director means the director of emergency services of Indian River County, Florida charged with responsibility and authority to supervise, direct, and administer the EMS, ALS and BLS system on a county -wide basis to effectuate delivery of EMS services. If a situation exists which poses a serious or imminent threat to the health, safety, welfare, or public need and convenience, the Emergency Services Director shall have such temporary emergency powers as are necessary to remedy the situation. *** 91 an attendant to assist On door to door OF _hP_d_ tG_ _hPw 6epliGe. No eFneFgenGy equipmeRt othei: than a fiFe extiRqUiSheF may be Rnrt;;IlLQd un the VehiGle. No WGFdiR9 9F adveFti6ing may be used to mi6i:epreseRt the Section 304.07. - Same—Investigation; staff recommendation. After an application has been received by the county, the EMS Emergency Services d Director shall cause an investigation to be made into the application, including a determination of the public need for the proposed service in the geographical area requested. The EMS Emergency Services Director shall contact the medical director, all other service providers in the county, and any municipality in which the applicant desires to provide service. Within sixty (60) days from receipt of the completed application, the €AVIS Emergency Services Director shall schedule a public hearing before the board of county commissioners with notice to all other service providers in the requested service area, any municipality in the requested service area and to the general public by publication in the local newspaper with at least one week's notice. At the public hearing the board of county commissioners shall consider the €AAS Emergency Services Director's recommendation and any input from other service providers, municipalities, or interested groups or citizens and may grant or deny the requested certificate of public convenience and necessity. In making his recommendation, the EMS Emergency Services d Director shall consider the following factors: (a) The population density and composition of the likely areas within which the proposed ALS, BLS, or nonemergency medical transport service will operate. (b) The need of the people in the area for ALS, BLS, or non -emergency medical transport service. (c) A comparison of estimated annual requests for service in the particular certificate category with the current number of vehicles satisfying requests. (d) Such other factors as may be considered important by the €AAS Emergency Services d Director. Section 304.08. - Contents of certificate. I Any certificate issued under this division shall require the service provider and all employees, including paramedics and emergency medical technicians, to comply with the following: 1. Agree to respond only to emergency pre -hospital calls in the service area and, when units are available, to provide response to other service areas in the county when requested to do so by the other providers or by the €AAS Emergency Services Director. (Class A only.) 2. Post a copy of standard operating procedures which the service provider will use to give general specific instructions to its personnel concerning the nature of their duties and responsibilities. These procedures must be reviewed by the €MS Emergency Services Director prior to the effective date of the certificate. 92 3. Comply with all lawful directives of the €-A,& Emergency Services Director and medical director, including any medical protocols and training directives not preempted by the state. 4. Provide continuous and uninterrupted service within the service area. 5. Maintain the number of vehicles which shall be a number determined by the €MS Emergency Services Director and the medical director considering the population and geographical distance of the service area, but in any event shall not be less than one fully staffed operating vehicle. 6. Ensure that its vehicles are driven in a safe and lawful manner at all times. 7. Use its lights and sirens only for properly authorized events and in compliance with state law and local law enforcement policy. 8. Keep posted at all business locations a copy of the certificate including the approved rate schedule. The certificate holder may adjust the rate schedule up to ten (10) percent a year without board approval, however, the adjusted rate must be maintained for one year and the €M2 Emergency Services Director must be notified in writing of the rate change. Rate increases in excess of ten (10) percent must be reviewed and approved by the board of county commissioners with the approved rate being maintained for one year by the certificate holder. 9. Operate in compliance with all federal, state and local laws, rules, and regulations. 10. Provide copies of vehicle run sheets and radio logs to the ELMS Emergency Services Director upon request, to the extent permitted by the public records law. Section 304.09. - Inspections. The EMS Emergency Services Director, or his designee, shall inspect each service prior to, and as a continuing part of, the certificate process. This inspection shall determine the continuing compliance of this chapter and state law and rule and regulations by the certificate holder as a condition of certificate issuance. Inspections shall be conducted periodically and may be conducted with or without notice to the certificate holder at.reasonable times and whenever such inspection is deemed necessary by the € 14% Emergency Services Director. Inspections shall be conducted without impeding patient care. If, during the course of an inspection, a situation is found which, in the determination of the EMS Emergency Services Director, will jeopardize the safety or welfare of the service personnel or patient care, the EMS Emergency Services Director may exercise the powers necessary to ensure the certificate holder's compliance with the chapter. Section 304.11. - Renewal. The certificates may be renewed routinely by the board on application by the certificate holder. However if the board has reason to believe that the public health, safety, and welfare requires it, a public hearing may be ordered by the board to consider not renewing any certificate. Before any such action can occur, the board must first comply with the notice and hearing provisions of section 304.08. Application for renewal of existing certificates of public convenience and necessity shall be made by written request to the EMS Emergency Services Director. This request shall be filed no more than ninety (90) days prior to the expiration date of the provider certificate of public convenience and necessity. Section 304.12. - Revocation, alteration or suspension. Generally. Every certificate issued under this division shall be subject to revocation, alteration or suspension by the board where it shall appear that the certificate holder has not complied with the requirements of the certificate and the public interest so required. 93 It shall be a violation of this chapter, for any person, business entity, hospital, or governmental agency to: A. Intentionally obstruct, bar or otherwise interfere with an inspection conducted under the purview of this chapter; B. Knowingly make an omission of a material fact or a false statement in any application or other document filed with the EMS Emergency Services Director. C. Knowingly, by telephone or otherwise, cause to be placed or place a false emergency medical call; D. Knowingly violate or fail to observe any requirement of this chapter, or any rule, regulation or order under the provision of this chapter; E. Represent herself, himself, or itself as an emergency medical transport service, as advanced life support service, or a special limited service, or engage in the business of conducting an emergency medical transport service, an advanced life support service, or a special limited service without first obtaining an appropriate certificate of public convenience and necessity from the board as provided herein and obtaining the necessary State of Florida licenses, as applicable; or F. Operate an ambulance or emergency medical services vehicles that does not meet the requirements of this chapter and F.S. Ch. 401. A separate and distinct offense shall be deemed to occur each day a prohibited act occurs. Complaint procedures. Complaints about a certificate holder will be in writing and shall be reviewed for sufficiency by the €M-9 Emergency Services Director. Should the review substantially verify that a violation of this chapter or state law has occurred, the €M-9 Emergency Services Director may conduct an investigation. The EMS Emergency Services d Director shall be provided access to the certificate holder's business, personnel, and documents to assist in said investigation. The EMS Emergency Services Director shall forward a copy of the investigation and enforcement action taken to the state EMS office. 3. Proceedings. Proceedings for revocation, alteration, or suspension of a certificate shall be undertaken by the board at a public hearing with notice to all certificate holders and after publication of notice not less than one week before the hearing date, where it is found that: A. The certificate holder has failed or neglected to abide by this chapter or the rules and regulation promulgated by the board, or F.S. Ch. 401; or B. The application submitted to secure a certificate of public convenience and necessity from the board of county commissioners contains false representation or omitted material facts; or C. The certificate holder, or its agent, has demanded money or other compensation in excess of that established in its schedule of fees filed with the board pursuant to this chapter; or D. The certificate holder has failed to comply with a correction order issued under section 304.12 of this chapter; or E. The certificate holder has been adjudicated guilty of a felony provided his/her civil rights have not been restored; or F. The certificate holder has been found by a court of competent jurisdiction guilty of any criminal offense involving moral turpitude; or G. The certificate holder has been found guilty of malpractice or negligence in the operation of its service; or H. The certificate holder has had their/its state license revoked or suspended. Part 11 of Chapter 304 shall be stricken in its entirety. 94 /38 TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 5, 2021 SUBJECT: Deed of Conservation Easement — First Negotiation Rights BACKGROUND. In December 2007, the Indian River County Board of County Commissioners ("Board") acquired conservation easements over two adjacent ranches in western Indian River County under the County's environmental lands program: the Triple S Ranch (±702 acres) and the Padgett Creek Ranch (±885 acres). Since that time, County staff has conducted periodic monitoring visits to both ranches and has confirmed that the ranches'are being maintained in, accordance with the County's easements. Under the Deed of Conservation Easement from Triple S Land Company (a.k.a. Triple S Ranch), the County has no maintenance or improvements obligations and the owner has the obligation to " ... preserve and protect in perpetuity the conservation values of the property ... " In 2016, the County was notified by Mr. Varley Grantham, president of the Triple S Land Company, of his intent to sell the Triple S Ranch. The Deed of Conservation Easement sates that "if Grantor intends to sell the Property ... Grantor shall deliver to Grantee [County] notice of such intent, and shall, in good faith, afford Grantee an opportunity to negotiate the acquisition of the Property or such portion thereof or interest that Grantor intends to sell (herein `Grantee's First Negotiation Rights')." On October 4, 2016, the Board voted to unanimously not to exercise its first negotiation rights and the property was acquired by Padgett Creek, LLC. On September 17, 2021, Charles Garris, on behalf of Padgett Creek, LLC, sent a letter to the County Attorney's Office, notifying the County of the current property owner's intent to sell the property. Board of County Commissioners October 5, 2021 Page 2 Like in 2016, County staff's position is that the conservation easement is serving the public interest and resulting in the conservation and management of natural resources in a regional corridor warranting protection. Additionally, because the site is remote from the vast majority of County citizens, the public access benefits that could accrue from fee simple acquisition are minimal. Finally, County staff believes that fee simple acquisition of the property would result in acquisition and management costs that are unneeded to meet County objectives that are already being accomplished under the easement. On October 5, 2021, the Board requested information about 1) conservation easement restrictions, 2) Florida Wildlife Corridor purchases, and 3) a possible price for the County to purchase the property. Under the Deed of Conservation Easement, the use of the property is greatly restricted. The property owner maintains the right to have native fish and wildlife on the property, and to have non-commercial hiking, camping, and horseback riding. The property owner also has the right to continue to use, reconstruct and relocate existing buildings and structures on the property such as barns, dog pens and fences. Additionally, the property owner has the right to continue existing agricultural practices, including grazing of cattle, sheep, horses, and other livestock. Of note, as discussed at the October 5, 2021 Board meeting, the property owner has the right to construct two new residences. The Deed of Conservation Easement also allows for utilities to be provided to the new or relocated residences. The Deed of Conservation Easement also contains a long list of prohibited uses. These include, but are not limited to; new construction of temporary or permanent buildings (other than the two residences provided above), commercial or industrial activity, exploration or mining of oil, gas, minerals and other materials, subdivision (aside from the two residential parcels), commercial timber harvesting, billboards, or activities detrimental to the fish and native wildlife habitat or that may reasonably be expected to adversely affect threatened or endangered species. Earlier this year, Governor Ron DeSantis signed Senate Bill 976, The Florida Wildlife Corridor Act. The legislation directs the Florida Department of Environmental Protection to encourage and promote investments in areas that protect and enhance the Florida Wildlife Corridor. On September 21, 2021, the Governor and Cabinet serving as the Board of Trustees of the Internal Improvement Trust Fund approved purchase of a conservation easement over 6,665 acres located in Indian River County and Okeechobee County within the Kissimmee -St. Johns Connector Florida Forever project. The conservation easement purchase for $15 million had similar restrictions as those in the Deed of Conservation Easement, including the right to construct three additional residential areas, with each area limited to three residential buildings. The property owner is selling the roughly 701 acres for $5 million. I would anticipate that the property owner would expect at least that amount from the County. FUNDING. No funding is necessary at this time. If the County were to move forward with and offer to purchase the fee simple ownership of this property, staff would recommend the use of Local Option Sales Tax. No funds are budgeted for this purchase currently, so a budget amendment would be necessary to allocate this funding from Reserves. Staff would also pursue matching grant dollars for the purchase. 96 Board of County Commissioners October 5, 2021 Page 3 RECOMMENDATION. The. County Attorney's Office recommends Indian River County Board of County Commissioners refrain from exercising its first negotiation rights and authorize staff to notify Mr. Garris that the County is not interested in fee simple acquisition of the Triple S Ranch property. ATTACHMENTS. Deed of Conservation Easement 97 11892910 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2229 PG:`679, 12/20/2007 03:31 PM DOC STAMPS D $34386.80 Instrument prepared by and Should be retuned to the County Atto ney's Office, 180127m Street, Vero Beach, FL DEED OF CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EASEMENT is made December,, 2007, by TRIPLE S LAND COMPANY, whose address is 1925 Lakeside Dr., Orlando, Florida 32803 ("Grantor'), in favor of INDIAN RIVER COUNTY, a .political subdivision of the State of Florida, do Community Development Department, 1801 271h Street, Vero Beach, Florida 32980 ("Grantee"). The terms. °Grantor° and "Grantee' shall include the singular and the plural, and the heirs, successors and assigns'of Grantor and Grantee, and the provisions of this easement shalt be binding upon and inure to the benefit of Grantor, Grantee and their heirs, successors and assigns. BACKGROUND RECITALS A. Grantor is the -sole owner in fee `sirripie of certain real property in Indian River County, Florida, more particularly described lin Exhibit A attached hereto :and incorporated by reference (hereinafter, the "Property 1. B. Grantor and the Grantee mutually recognize the special character of the Property and have the common purpose of conserving certain values and character of the Property by conveyance to the Grantee of a perpetual conservation easement on, under, over, and across 'the Property, to conserve the character of the Property, continue certain farming; ranching and low density residential uses existing at the time of this conservationeasement and identified in the baseline documentation or as reserved by Grantor .herein that do not significantly impair the character of the, Property, and prohibit certain further development activity on the Property. C. The specific conservation values of the Property are documented in the 'Baseline Inventory Report for the Triple S. Land Company' Conservation Easement Tract in Indian River County, Floridan, dated December, .-2007 ("Baseline Documentation"), which consists of reports, maps, photographs, and 'other documentation that the parties agree provide, collectively, an accurate representation of the Property at the time of this grant, and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. The Baseline Documentation is maintained in the offices of the Indian River County Community Development Department and is incorporated by this reference. A copy of the Baseline Documentation will be provided to Grantor at closing and will be available from Grantee on request. A copy of a map of the Property as contained within the Baseline Documentation Is attached hereto as s Exhibit `B" and is incorporated by reference. 1 98 ;23'7 BK- 2229 PG: 690 D: Grantee is a governmental body authorized under the provisions of section 704.06, Florida Statutes, to hold conservation easements for the preservation and protection of land in its natural, scenic, historical, agricultural, forested, or open space condition. E. Grantee agrees by accepting this grant to. honor the intentions of Grantor stated herein and, to preserve and protect In perpetuity the conservation values of the Property for the benefit of this generation and the generations to come. F. The fact that any use of the Property that is expressly prohibited by the terms of this Easement may become greatly more economically valuable than uses allowed by the terms of this Easement, or that neighboring properties may, in the future, be put entirely to uses that are not allowed by this Easement has been considered by Grantor in granting this Easement and by Grantee in accepting it. NOW THEREFORE, to achieve the foregoing purposes, and in consideration of $10.00 and 'other good and valuable "consideration, Including but not limited to the above and the mutual covenants, terms, conditions, and restrictions contained herein, the receipt and sufficiency of which is acknowledged, and pursuant to the laws of Florida, and in particular section 704.06, Florida Statutes, but without Intending the validity of this Easement to be dependent on the continuing -existence of such laws., Grantor hereby voluntarily grants and conveys to"Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ("Easement" or `Conservation Easement"). ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. it is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents, and licensees. ARTICLE 11. PURPOSE OF EASEMENT It is the purpose of this Easement to assure that the 'Property will be retained forever in its natural, .scenic, wooded condition to provide a relatively natural habitat for fish, wildlife, plants or similar ecosystems, and to preserve portions of the Property as productive farmland and forest land that sustains for the long term both the economic and conservation values of the Property and its environs, through management guided by the following principles: • Protection of scenic and other distinctive rural character of the landscape; • Maintenance and enhancement of native wildlife and game habitat: • Protection of unique and fragile natural areas and rare species habitats; • Maintenance of the value of the resource in avoiding land fragmentation; • Protection of surface water quality, the Floridan Aquifer, wetlands, and riparian areas. 2 99 '238 BK: 2229 PG: 681 111 The above purposes are hereinafter sometimes referred to as 'the Conservation Purposes". Grantor intends that this Easement will confine the use of the Property to such activities as are consistent with the Conservation Purposes of this Easement and Identified in Article V. ARTICLE III. RIGHTS GRANTED TO THE GRANTEE To.aceomplish the Conservation Purposes of this Easement the following rights are conveyed to Grantee by this Easement: A. The right to enforce protection of the conservation values of the Property; B. All future residential, commercial, industrial and incidental development rights that are now or hereafter allocated to, implied, reserved, or inherent in the Property except as may be specifically reserved to Grantor in this Easement. The parties agree that such rights are hereby terminated and extinguished and may not be used on or transferred to other property. Neither the Property nor any portion thereof may be included as part of the gross area of other property not subject to this Easement for the purposes of determining density, lot coverage, or open space requirements, under otherwise applicable laws, regulations or ordinances controlling land use and building density. No development rights that have been encumbered or extinguished by this Easement shall be transferred to any other lams pursuant to a transferable development rights scheme or duster development arrangement or otherwise. nor shall any development rights or density credits be transferred onto the Property from other property. C. The right to enter upon the Property at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon prior 48 hours prior notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property. To effectuate the foregoing right, and the Limited Access right granted in Article Vil for the benefit of Grantee and the public, as set forth therein, the Grantor has recorded in Official Records Book 22;5. Page, 6AW _ . Public Records of Indian River County, Florida, , that certain "First Amendrtlont to Access Easement Agreement" to amend the `Access Easement Agreemenr recorded in Indian River County in Official Records Book 1281.,. Page 1597 D. The right to prevent any activity on or use of the Property that is inconsistent with the Conservation Purposes or provisions of this Easement and to require the restoration of or to restore such areas or features of the Property that may be damaged by any inconsistent activity or use, at Grantors cost. E. The right of ingress and egress to the Property. F. The right to have the ad valorem taxes, assessments and any other charges on the Property paid by Grantor. G. A-dgbt to—notice of :intent to sell. The terns of this right are such that if 3 100 239 BK: 2229 PG: 682 Grantor intends to sell the Property,- or any interest therein or portion thereof, Grantor shall deliver to. Grantee notice of such intent, and shall, in good faith, afford Grantee an opportunity to negotiate the acquisition of the Property, or such portion thereof or interest therein that Grantor intends to sell (herein "Grantee's First Negotiation Rights"). If Grantee desires to negotiate the acquisition of the Property, or such portion thereof or interest therein, Grantee shall so notify Grantor within 30 days after receipt of Grantor's notice of intent. If Grantor and Grantee are unable, in good faith to agree to terms of an acquisition of the Property. or such Interest therein or portion thereof as applicable, within 120 calendar days thereafter, Grantee shall send written notice thereof to Grantor ('Paragraph G Notice"). Thereafter, Grantor may sell the Property free of Grantee's First Negotiation Rights granted herein; provided, however, that closing on such sale shall occur within one year of the date of the Paragraph G Notice. If the Property, or such portion thereof or interest therein as is applicable, has not sold within one year after the Paragraph G Notice, then any intent to sell the Property thereafter shall require renewed notice to Grantee, and Grantee shall comply with the notice obligations imposed herein. This right of notice shall not be triggered by sales or transfers between Grantor and lineal descendants 'of Grantor or entities in which Grantor owns a majority of the controlling interests. The right of notice granted herein applies to the original Grantor and to said original Grantor's successors and assigns. Any purchaser or transferee takes title to the fee encumbered by this Conservation Easement. G.1. Grantee acknowledges that there currently exists a Right of First Refusal dated March 1, 1999 between Triple 'S' Cattle Company, a Florida corporation, predecessor in interest to Grantor hereunder and Padgett Creek LLC. , evidenced by that certain Notice of Right of First Refusal, dated March 4, 1999, and recorded in Official Records Book 1261, Page 1607, Public Records of Indian River County, Florida (the " Right- of First Refusal'). The Right of First Refusal remains in full force and effect as of the date of the execution of this Deed of Conservation Easement. Grantee further acknowledges that Grantee's First Negotiation Rights are subordinate'to the Right of First Refusal. Grantor and Grantee acknowledge and agree that, solely for the purpose of granting this Conservation Easement, the Property shall be released and discharged from the Right of First Refusal as more specifically set forth in that certain "Partial Release Of Lands Subject To Notice Of Right Of First Refusal ' executed in recordable from by and between Grantor hereunder and Padgett Creek LLC and recorded In Official Records Book -2229. Page G y— Public Records of Indian River County, Florida. Thereafter, any purchaser or transferee under the Right of First Refusal takes title to the fee encumbered by this Conservation Easement. G.2. In the event Grantee acquires fee interest in the Property, this Conservation Easement shall not merge into the fee simple estate, and Indian River County as Grantee covenants to take all necessary steps to assure that the estates do not merge. H. The right to be indemnified by Grantor for any and all liability, loss, damage, 4 101 240 BK: 2229 PG: 683 expense, judgment or claim (including a claim for attorney fees) arising out of `any negligent or willful action or activity resulting from the Grantor's use and ownership of or activities on the Property or the use of or activities of Grantor's agents, guests, lessees or invitees on the Property unless solely due to the negligence of Grantee or its agents, in which case liability shall be prorated accordingly. Pursuant to Florida Statutes section 704.06(10)(2006), the ownership or attempted enforcement of rights held by Grantee does not subject the Grantee to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Property encumbered by a Conservation Easement. Further, nothing in this Conservation Easement shall be deemed or construed as 'a waiver of the sovereign immunity of Indian River County as Grantee. I. The right to be indemnified by Grantor for any liability for injury or property damage to persons on the Property arising out of any condition of the Property known to the Grantor to the best of Grantor's knowledge unless solely due to the negligence of Grantee or its agents, in which case liability shall be prorated accordingly. Pursuant to Florida Statutes section 704.06(10)(2006), the ownership or attempted enforcement of rights held by Grantee does not subject the Grantee to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Property encumbered by a Conservation Easement. Further, nothing in this Conservation Easement shall be deemed or construed as a waiver of the sovereign immunity of Indian River County as Grantee. J. The right to have the Property maintained as reflected on the Baseline Documentation, as the Property may develop through the forces of nature hereafter, subject only to'the exercise of Grantor's Reserved Rights, and the Rights Granted to the Grantee, as :described In this Easement. K. If Grantor fails to cut and remove timber damaged by natural disaster, fire, Infestation or the like, then Grantee has the right, but not the duty„ in its sole discretion 'to cut and remove said timber. Any such cutting and removal by Grantee shall be at the expense of Grantee and all proceeds from the sale of any such timber shall inure to the benefit of Grantee. ARTICLE, IV. PROHIBITED USES The Property shall be maintained to preserve the Conservation Purposes of this Easement. Without limiting the. generality of the foregoing Grantor agrees that the following uses and practices, though not an exhaustive recital of inconsistent uses and practices, are expressly prohibited or restricted: A. No soil, trash, liquid or solid waste (including sludge), or unsightly, offensive, or hazardous materials, wastes or substances, toxic wastes or substances, pollutants or contaminants. including, but not ilmlted to, those as now or hereafter defined by federal or Florida law defining hazardous materials, wastes or substances, toxic wastes or substances, pollutants or contaminants shall be dumped or placed on the Property. 5 102 :241 BK: 2229 PG: 684 This prohibition shall not be construed to include reasonable amounts of waste generated as a result of allowed activities. B. The exploration for and extraction of oil, gas, minerals. dolostone, peat, muck, marl, limestone, limerock, kaolin, fullers earth, phosphate, common clays, gravel, shell, sand and similar substances (all of the foregoing, collectively, "Minerals") either directly or indirectly by Grantor or on Grantor's behalf or with the joinder or consent of Grantor in any application for a permit so to do, under and by virtue of the authority of a grant or reservation or other form of ownership of or interest In or control over or right to such substances, except as reasonably necessary to combat erosion or flooding, or except as necessary and lawfully allowed for the conduct of allowed activities. As the holder of this Conservation Easement, Grantee acknowledges that it has no right to explore for or extract any Minerals from the Property.., C. Activities that .will be detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and native wildlife habitat preservation, unless otherwise provided in this Easement. There shall be no dredging of new canals, construction of new dikes, manipulation of natural water courses, or disruption, alteration, pollution, depletion, or extraction on 'the Property of existing surface or subsurface water flow or natural water sources, fresh water lakes, ponds and pond shores, marshes, creeks or any other water bodies, nor any activities or uses conducted on the Property that would be detrimental to water purity or that could alter natural water level or flow in or over the Property. Provided, however, Grantor may continue to operate, maintain, or replace existing ground water wells incident to allowed uses on the Property, subject to legally required permits and regulations. D. Acis or uses detrimental to the preservation of the structural integrity or physical appearance of any portions of the Property having historical or archaeological significance. Grantor shall 'notify the Florida Department of Historical Resources or its successor (" FDHRI if historical, archaeological or cultural sites are discovered on the Property, and any sited deemed to, be of historical or archaeological significance shall be afforded the same protections as significant sites known to exist at the time of entering Into this easement. Grantor will follow the Best Management Practices of the Division of Historic Resources, as amended from time to'time. E. The removal, destruction, cutting, trimming, mowing, alteration or spraying with biocides of trees, shrubs or other natural vegetation, including but not limited to cypress trees, except as otherwise specifically provided in this Easement. There shall be no planting of nuisance exotic or non-native plants as listed by the Exotic Pest Plant Council (EPPC) or its successor. The Grantor shall, to the extent practical, control and prevent the spread of nuisance exotics or non-native plants on the Property. Grantor hereby grants to Grantee the right, in Grantee's sole discretion and at Grantee's expense, to develop and implement an exotic plant removal plan for the eradication of exotics or non-native plants on the Property. Under no circumstances, shall this right conveyed to Grantee be construed to diminish Grantor's responsibilities under this paragraph oras an obligation of the Grantee. 6 103 ZA2 BK.: 2229- PG: 685 F. Commercial or industrial activity, or Ingress, egress or other passage across or upon the Property in conjunction with any commercial or industrial activity including but not limited to, swine, -dairy and poultry "operations' and confined animal feed lot operations. G. New construction or placing of temporary or permanent buildings, mobile homes or other structures in, on or above the ground of the Property except as may be necessary by Grantor for maintenance or normaloperations of the Property or during emergency situations or as may otherwise be specifically provided for hereinafter. For purposes of this paragraph the term "emergency" shall mean those'situations that will have an immediate and irreparable" adverse impact on the Conservation Purposes. H. The coinstriiction or creation of new roads or jeep' trails except as reserved hereafter. 1. There shall be no. operation of motorized vehicles except on established trails and roads unless necessary: O to protect or enhance the purposes of this Easement, (IQ for emergency purposes, (M).for cattle ranching purposes, (iv) to retrieve game that has been hunted legally, and (v) for -other uses reserved by Grantor in this agreement J. Areas cun=ently improved for agricultural activities` as established by the Baseline Documentation may continue to be used for those activities. Areas that are currently in: improved pasture as depicted in the Baseline Documentation shall not be converted to more intense agricultural use except as reserved hereafter. Lands that are depicted in the Baseline Documentation as being natural areas shall remain natural areas. K. Actions or activities that may reasonably be expected to adversely affect threatened or endangered species. L. Any subdivision of the land except as may otherwise be provided in this Easement. M. There shall be no signs, billboards, or outdoor advertising of any kind erected or displayed on the Property, except that Grantee may erect and maintain signs designating the' Property as land under the protection of Grantee, signs that identify the property, and signs relating to the uses on the Property. N. There shall be no commercial water wells on the Property. O. There shall be no commercial timber harvesting on the Property except as reserved hereafter. P. There shall be no wireless telecommunication tower facilities on the Property. 104„_-. X243 BK: 2229. PG: 686 ARTICLE V. GRANTOR'S RESERVED RIGHTS Grantor. reserves to Grantor, and to Grantor's personal representatives, heirs, successors, and assigns, the following specified rights, which are deemed to, be consistent with the purpose of the Easement. The exercise of the Reserved Rights shall be in .full accordance with all applicable local, state and federal law, as amended from time to time, as well as in accordance with the purposes of this Easement. A. The right to observe, maintain, photograph, Introduce and stock native fish or native wildlife on the Property, to use the Property for non-commercial hiking, camping, and horseback riding and similar activities consistent with the Conservation_. Purposes of this Conservation Easement, so long as the same do not' constitute a danger to Grantee's employees, agents, officers, and invitees, and so long as such activities do not.violate any of the prohibitions applicable to the Property or Grantee's rights, as stated above. Without limiting the generality of the foregoing, Grantor has .the specific reserved right to use the Property for native wildlife mitigation, provided, however, that any and all native wildlife mitigation is accomplished solely in accordance with all then -current best management practices of the Florida Fish and Wildlife Conservation Commission, or other successor agency., Grantor reserves, and shall continue to own, the hunting and fishing rights on; or related to, the Property and Grantor may lease and sell privileges of such rights. B. The right to conduct controlled or prescribed burning on the Property; provided, however, that Grantor shall obtain and comply with a prescribed fire authorization from the local .and state regulatory agencies having jurisdiction over controlled or prescribed burning. C. The right to mortgage the Property; provided, however, that the mortgagee's lien shall be inferior to and lower in priority than this Easement; and further provided that Grantor shall obtain a written, recordable instrument from any such lender 'or mortgagee, that acknowledges that the Property is encumbered by this Conservation Easement and that any mortgage is subordinate to the Conservation Easement and any mortgagee in possession shall be bound by this Conservation Easement as a successor in interest to Grantor. D. The right to contest tax appraisals, assessments, taxes and other charges on the Property. E. The right to continue to use, maintain, repair, reconstruct, or relocate existing buildings, barns, dog pens, outbuildings, fences, roads, ponds, drainage ditches and such other facilities on the Property as depicted In the Baseline Documentation subject, to all then applicable development, building, and zoning requirements and restrictions of Indian River County; provided that the right to relocate is limited to areas identified as improved pasture in the Baseline Documentation. In the event of the, relocation of buildings; barns, dog pens, outbuildings, fences, roads, ponds, drainage ditches and 8 105 tZaa BK: 2229 PG: 687 such other facilities, the original site of these facilities shall be returned to pasture or native vegetation by Grantor at Grantor's sole cost and expense. Grantor may construct new fences and facilities related to the grazing of livestock in the improved pasture Identified in the Baseline Documentation. Grantor may construct a siloh with a maximum height of 35 (thirty-five) feet on the Property provided it is located in the improved pasture identified in the Baseline Documentation and its location is approved by Grantee, such approval may not be unreasonably withheld. Grantor may enlarge existing buildings, barns, dog pens and outbuildings up to one hundred twenty (120) percent of the footprint as of the date of this Conservation Easement. F. The 'right to exclusive use of the improvements depicted in the Baseline Documentation. G. The right to continue existing agricultural practices as depicted -in the Baseline Documentation. n is understood that grazing has occurred throughout the Property and the grazing of cattle, sheep, horses, and other livestock is a reserved right of the Grantor; haying has occurred In the areas Identified'as Improved pasture in the Baseline Documentation, sod farming has occurred on a limited area of the improved .pasture as identified in the Baseline Documentation; and the planting of trees for silviculture purposes has occurred in the improved pasture. Grantor may use commonly accepted fertilizers, pesticides and herbicides only in the improved pasture areas, so long as' Grantor uses the foregoing in accordance with agricultural best management practices as may be adopted from time to time by the Florida Department of Agriculture and Consumer Services ("FDACS') or .its successor. The planting of trees in the improved pasture for silviculture purposes is reserved by Grantor. Grantor may not cut down trees in the improved pasture unless such trees were specifically planted for silviculture purposes. H.1. The right to construct two new residences in the area identified as improved pasture in the Baseline Documentation, at least one of which shall be located north of Padgett Creek, and the right to subdivide these two residential parcels into two new tax parcels of twenty (20) acres each subject to approval by Indian River County In accordance with all then applicable subdivision requirements for parcels of twenty (20) acres. Each residence shall be subject to all then applicable development, building, and zoning requirements and restrictions of Indian River County. In such event, Grantor shall prepare and provide to the Grantee a revised legal description of the Property and legal descriptions for the new tax parcels (Revised Exhibit "A") and the revised exhibit shall be recorded as an allowed amendment to this Conservation Easement. 1-1.2. Each parcel created and each residence shall be subject to all then applicable development, building, and zoning requirements and restrictions. Uses related and accessory to any residence may be established, provided such uses comply with all then applicable development, building, and zoning requirements and restrictions. Upon the Grantor notifying the Grantee of the decision to build a residence, Grantee shall release two (2) acres of the -applicable residential parcel from this Conservation Easement encumbrance without additional charges or compensation. The remaining 18 9 106 -245 BK: 2229 PG: 688 acres shall remain. subject to this Conservation Easement: Grantor shall provide a sketch and legal description of the applicable released two (2) acres. H.3: If the Property is divided Into new tax parcels and transferred, as provided herein, and events occur with respect to a transferred portion of the Property that cause Grantee to invoke its rights or remedies, Grantee's rights and remedies shall be limited to the transferred portion of the Property and the owner of such transferred portion. Similarly, if events occur with respect to the retained portion of the Property that cause Grantee to invoke its rights or remedies, Grantee's rights and remedies shall be limited to the retained portion of the Property and the owner of such retained portion. H.4. New wires, lines, pipes, cables or other linear facilities providing electrical, gas, water, sewer, communications or other utility services to the allowed new or relocated residences may be installed, maintained, repaired, removed, relocated and replaced and Grantor may grant easements over and under the. Property for such purposes subject to all then applicable development, building, and zoning requirements and restrictions of Indian River County. Septic or other underground sanitary systems serving the residences permitted herein may be installed, maintained, repaired, or improved in accordance with applicable laws, regulations,,and ordinances subject to all then applicable development. building, and zoning requirements and restrictions of Indian River County. For each new or relocated residence Grantor may construct and maintain a permeable road as a driveway if one does not already exist subject to all then applicable "development, building, and zoning requirements- and restrictions of Indian River County. ARTICLE VI. GRANTEE'S REMEDIES A. Remedies. If Grantee determines that Grantor is in violation of the terms of this Easement orthat that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the Property so injured. If Grantor fails to cure the violation within thirty (30) days after receipt'of notice 'thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a 30 -day period, fails to begin curing such violation within the 30 -day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement or injury to any conservation values protected by this Easement, including damages for the loss of scenic, aesthetic, or environmental values, and to require the restoration of the Property to the condition that existed prior to any such injury. Without limiting Grantor's liability therefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. If Grantee, in its sole discretion, determines that circumstances require 10 107 246 BK: 2229 PG: 669 immediate action to prevent or mitigate significant damage to the conservation values `of the Property. Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally in the event of either actual or threatened violations of the 'terms of this Easement, and Grantor agrees that Grantee's remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, In addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of. otherwise available legal remedies. Grantee's remedies described In this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. B. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to. exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement: No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. C. Waiver of Certain Defenses. Grantor hereby waives any defense of estoppel, adverse possession, or prescription. D. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change In the Property' resulting from causes beyond Grantor's , control, including, without limitation, fire, flood, storm; and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. E. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and "against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney fees, arising from or in any way connected with: (1) injury to or the death of any person, or, physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the obligations specified in paragraph VIIIA. and VIII.B.; and (3) the existence or administration of this Easement. F. Grantor's Environmental Warranty 11 108 247 BK: 2229 PG: 690 F.I. Nothing in this Conservation Easement shall be construed as giving rise to any right or ability in Grantee to exercise physical or management control over the day- to-day operations of the Property, or any of Grantors activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") or any corresponding state and local statute or ordinance. F.2. Grantor warrants, at the time this Conservation Easement is executed, that it has no actual knowledge of a release or threatened release of any material, substance or waste now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or. in any way harmful or threatening to human health or the environment, (ail of the foregoing, collectively, "Hazardous Materials") on the Property, other than those Hazardous Materials now or hereafter lawfully used by Grantor in connection with Grantor's current and future operation and use of the Property as such use and operation are permitted hereunder. Grantor hereby covenants to indemnify and hold Grantee harmless from any and all losses, costs, claims (without regard to its merit), liabilities or expenses (including reasonable attorneys' fees) (all of the foregoing, collectively, "Damages") arising from or with respect to any release of Hazardous Materials or violation of environmental laws. F.3. Except as permitted to be used or released by Grantor pursuant to Subsection F.2. above, at any time after the effective date, of this Conservation Easement there occurs a release in, on, or about the Property of any Hazardous Materials , Grantor agrees to take all steps that may be required under federal, state, tr local law necessary to assure its containment and remediation, including any bleanup- ARTICLE VII. NO PUBLIC ACCESS The granting of this Easement does not convey to the public the right .to enter the Property for any purpose whalsoever, and Grantee will cooperate with Grantor in the enforcement of this prohibition. Notwithstanding the foregoing, Grantor will allow bird watching, cultural, and educational outings sponsored by non=profit organizations and schools that are able to provide appropriate supervision, and liability insurance In amounts and coverage sufficient to protect Grantor's interests= in Grantor's discretion (which liability insurance will either insure Grantor directly or will name Grantor as an additional insured) in the maximum number of four (4) outings each year by members of the public (herein "Limited Access") under such conditions, and at such times, that are solely as determined by the Grantor. Grantor, and Grantee specifically acknowledge and agree that: (1) multiple temporally -related Limited Access outings occurring within a four (4) consecutive day period shall be aggregated within a specific Limited Access category such that, for example, if all the P graders in Indian River County schools visit the Property in multiple outings over four (4) consecutive days, all such outings shall be considered as one (1) outing of the four (4) outings allowed per year hereunder; and (ii) the Grantee's Conservation Lands Manager must receive written prior or contemporaneous notice from Grantor of any and all planned or 12 109 248 SK: 2229 PG: 691 scheduled Limited Access outings for County tracking purposes; and (iii) the Limited Access outings contemplated in clause @ may be shared between the Property and the contiguous land known as "Padgett Creek" upon which Grantee also has a conservation easement, and, In such event, the aggregated one (1) Limited Access outing shall be deemed to be one (1) of the allowed four (4) Limited Access outings for both the Property and the Padgett Creek Land. ARTICLE Vill. MISCELLANEOUS A. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate comprehensive general liability coverage. Grantor shall keep the Property free of any liens arising out of any work performed for. materials furnished to, or obligations Incurred by Grantor. B. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes") and shall furnish Grantee with satisfactory evidence of payment upon request. Grantee is authorized but in no event obligated to make or advance any payment of taxes, upon three (3) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority, without Inquiry into the validity of the taxes or the accuracy of the bill, statement, or estimate, and the obligation created by such payment shall bear interest until paid by Grantor at the maximum rate allowed by law. C. Extinguishment. If circumstances arise in the future such as render the purpose of this Easement Impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or Involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Florida law at the time, in accordance with paragraph ViII.D. Grantee shall use all such proceeds in a manner consistent with the Conservation Purposes of this grant or the purposes of the tax exempt general obligation bond proceeds issued by Indian River County as contemplated by Resolution No. 2005-058 adopted May 17, 2005; Resolution 2004.062 adopted June 22, 2004; and the "2004 Referendum` (as that term is used in the foregoing resolutions 2004 Indian River County referendum), and any other bond or statutory program under which Grantee obtained the purchase money for this Easement. Grantor believes that any changes in the use of neighboring properties will Increase the benefit to the public of the continuation of this Easement, and Grantor and Grantee intend that any such changes shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor to conduct or implement any or all of the uses allowed under the terms of this Easement, or the unprofdability of doing so, shall not Impair the validity of this Easement or be considered grounds for its termination or extinguishment. 13 110 249 SK: 2229 PG:: 692 D. Proceeds., This Easement constitutes a real property interest immediately vested in Grantee, which, for the purposes of paragraph VIII.C., the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement at the time of this grant. For the purposes of this paragraph, the ratio of the value of the Easement to the value of the Property 'unencumbered by the Easement shall remain constant. E. Condemnation. If the Easement is taken, in whole or in part, by exercise of the power of eminent domain, Grantee shall be entitled to compensation in accordance with applicable law. F. Assignment. This Easement is transferable to the State of Florida or the Indian River Land Trust without consent of Grantor. Grantee may assign its rights and obligations under this Easement to any other govemmental entity or nonprofit organization whose purposes include the conservation of land or water areas or the preservation of sites or properties with consent of Grantor. As a condition of such transfer, Grantee shall require that the Conservation Purposes that this grant is intended to advance continue to be carried out. G. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement in any deed or other legal instrument by which Grantor divests any interest in all or a portion of the Property, including, without limitation, a leasehold Interest. Grantor further agrees: to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity or priority of this Easement or limit its enforceability in any way. H. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed to the parties as set forth above, or to such other addresses such party may establish in writing to the other. 1. Recordation. Grantee shall recons this instrument and any amendments in timely fashion in the official records of Indian River County, Florida, and may re-record it at any time as may be required to preserve its rights in this Easement. J. Non -Homestead Certification. Grantor hereby certifies that if a Grantor who is married signs this Easement without the joinder of his or her spouse, the Property is neither the homestead of Grantor nor the primary physical residence of Grantor, nor is the Property contiguous to the homestead or primary physical residence of Grantor. 14 111 °250 HK: 2229 PG: 693 K. Amendments. The terns and provisions of this Easement may be amended by the mutual consent of the parties hereto. No amendment shall be effective until executed with the formality of a deed and recorded in the public records. L. Controlling Law. The laws of the State of Florida shall govern the Interpretation and performance of this Easement. M. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of section 704.06, Florida Statutes. If any provision in this instrument is found to be ambiguous, an. Interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. N. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of 'this Easement, or the application of such provision to pentons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. O. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. P. Joint Obligation. The obligations imposed by this Easement upon Grantor shall be Joint and several. Q_ Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Properly. R. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to 'transfer shall survive transfer. S. Captions. The captions In this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. T. Recitals The background recitals are true and correct in form and material part of this Conservation Easement. TO HAVE AND TO HOLD unto. Grantee, its successors, and assigns forever. is 112 251 BK: 2229 PG: 694 IN WITNESS WHEREOF Grantor and Grantee have set their hands on the day and year first above written. GRANTOR: Witness • TRIPLE LAND'COMPANY .sin ` � ' �' y B iL� ---.• SUSAN P. BARCH H. Varley Grantham, President Printed name: isidn) `Printed name: STATE OF FLORIDA COUNTY OF -D MOG E The foregoing instrument was acknowledged before me this Idav of December, 2007, by H. VARLEY GRANTHAM, President of TRIPLE S LAND COMPANY, a Florida corp o tion, on behalf of same: He Is personally known to me or who has produced d, as identification. 9aon p 8aidi _ ,Al'COMN+9SBt7NI .00lOyJ�► 00,iS �aaona�nwriwK�� NOTARY UBLIC'jj S n: 0.• Prin ed name: P eomrmssion No.: Commission Expiration: SEAL: 'GRANTEE'S ACCEPTANCE of DEED OF CONSERVATION EASEMENT Indian River County, a political subdivision of the State of Florida, hereby approves. the foregoing Conservation Easement and agrees to the terms and provisions thereof. Attest: J.K. Barton, Clerk 16 113 ;252 ,.. , BK: 2229 PG:' 695 Deputy Clerk. ;:;Approve as to form and It sufficiency: ell, s ounty;A orne-y SCHEDULE OF EXHIBITS A. Legal Description of 'Prope* Subject to Easement. B. Map from Baseline Documentation i7 114 ,253 BK: 2229 PG: 696 EXH BIS T W �@KID�BCtiDtiOn of PyoCiggii DECEMBER 6, 2007 TRIPLE S RANCH DESCRIPTION PREPARED BY THE PROFESSIONAL SURVEYOR AND, MAPPER "LANDS LYING AND BEING IN SECTION 22, 27 AND 34, TOWNSHIP 32 SOUTH, RANGE 35 EAST OF INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 35 EAST, THENCE, RUN NORTH 00923'02" WEST 82.62 FEET TO A POINT ON THE SOUTH RIGHT OF WAY UNE OF STATE ROAD 60; THENCE, RUN NORTH 5'111'04" WEST, 893.72 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1870.38 FEET, THENCE. THROUGH A CENTRAL ANGLE OF 13°57'03" ALONG AN ARC DISTANCE OF 455.41 FEET TO THE POINT OF TANGENCY; THENCE, NORTH 65'08'06" WEST 2,243.06 FEET ALONG S411) RIGHT OF WAY LINE TO A POINT OF INTERSECTION WITH THE CENTER LINE OF A 60 FOOT WIDE INGRESS/EGRESS EASEMENT, AND SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID CENTER LINE RUN SOUTH 32"05'21" WEST, 1,208.11 FEET; THENCE, SOUTH 01,943.,4P- WEST, 1,091.19 FEET; THENCE, SOUTH 0100040" EAST, 437.17 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING.A RADIUS OF 480.09 FEET; THENCE, THROUGH A CENTRAL ANGLE OF 14°10'28", WITH A CHORD BEARING OF SOUTH 08°05'54" EAST, AN ARC DISTANCE OF 118.77 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 770.69 FEET; THENCE; THROUGH A CENTRAL ANGLE OF 08951'30", WITH A CHORD BEARING OF SOUTH 10°4533" EAST, AN ARC DISTANCE OF 119.14 FEET; THENCE, SOUTH 06°19'56" EAST, 160.04 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 350.94 FEET; THENCE, THROUGH A CENTRAL ANGLE OF 19024'14", WITH A CHORD BEARING OF SOUTH 03°22'06" WEST, AN ARC DISTANCE OF 118.85 FEET; {012101553) 115 .254 Bk: 2225 PG: 697 THENCE, SOUTH 13.04`10` WESTi 681.91 FEET; THENCE, SOUTH 24°07°55' EAST, 95.58 FEET; THENCE; SOUTH 6i`i9'5W EAST, 1,0276:91 FEET, THENCE, SOUTH 33°00'24" EAST, 105.63 FEET; THENCE, SOUTH 04°40'49" EAST, 1066.19 FEET; THENCE, SOUTH 16°47'16" EAST, 461.25 FEET; THENCE SOUTH 0002126" WEST,1,376.05 FELT, THENCE, SOUTH 00°44'31" EAST, 5,295.56 FEET. TO THE POINT OF TERMINUS OF SAID EASTMENT AND SAID POINT BEING THE 114 CORNER OF THE SOUTH LINE OF SECTION 34; THENCE,'SOUTH B9'16'i3" (VEST, 2,709.86 FEET ALONG THE SOUTH LINE OF SECTION 34 TO THE SOUTHWEST CORNER OF :SECTION 34; THENCE., NORTH 00'48'09"WEST, 5,288.32 FEET ALONG THE VILEST LiNj: OF SECTION 34 TO THE SOUTHWEST CORNER OF SECTION 27; THENCE, NORTH 006s9'S8" WEST, 5,312.61 -FEET ALONG THE WEST LINE OF SECTION 27. TO THE :SOUTHWEST CORNER.OF SECTION 22; THENCE, NORTH 00409' WEST, 2764.06 FEET ALONG THE. WEST LINE OF ,SECTION 22 TO A POINT LYING ON THE SOUTH RIGHT OF WAY LINE OF STATE RE3A13 60; THENCE, ALoW $Mb RidWTOF_WAY LINE SOUTH 74"5004" EAST,.852.91 FEET TO A FOS i Chid A CUR iE CONCAVE TO THE SOUTHEAST HAVING A RADIUS .OF 2.719.14 FEET; THENCE. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09"50'57", WITH q C`HOFcu C3EARiNG of SOUTH 7003'15" EAST, AN ARC DISTANCE OF 467.42 FEE T; i BENNE, CONTINUE ALONG SAID RIG14T OF WAY LINE SOUTH 6500VOB" EAST, 10176.67 FEET T O rHE TRUE POINT OF BEGINNING. .AND LESS AND EX0EF'TiNG A PORTION OF LAND FOR A SCHOOL SITE BEING MORE PAR TiCULAKLY DESCtRI13ED AS FOLLOWS: rSEtaiNNiNG AT THE NORT iiWEST CORNER OF THE SOUTHWEST 114; 'THENCE ;OU T HErtL 204 FEET Tv A POINT; THENCE EASTERLY 300 FEET TOA POINT: T HEN -1, - i HF-Ri Y. 249.660 FELT TO THE SOUTH RIGHT OF WAY OF $TATE ROAD GUT HENCE NORT iivtiiESTERLY ALONG SAID RIGHT OF WAY. 311 FEET TO 4 BviNi i ttENCE - U I HER Y 101.90 FEET MORE OR LESS TO A POINT OF 101210i55;i) 116 255 BK: 2229 PG: 698 BEGINNING. BEING PART OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 AND A PART OF THE SOUTHWEST 114 OF THE NORTHWEST % OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 35 EAST. ALSO LESS THE FOLLOWING DESCRIBED PARCEL CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY THAT CERTAIN WARRANTY DEED RECORDED AUGUST 29, 2000, IN OFFICIAL RECORDS BOOK 1350, PAGE 2577, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: PARCEL NO. 102 A PORTION OF LAND LYING IN SECTION 22, TOWNSHIP 32 SOUTH, RANGE 35 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 4"x 4' CONCRETE MONUMENT WITH A DISC MARKING THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 22; THENCE SOUTH 00°31'43" EAST ALONG THE WEST LINE OF THE NORTHWEST 114 OF SAID SECTION 22, A DISTANCE OF 758.638 METERS (2,488.96 FEET) TO A POINT ON THE BASELINE OF SURVEY FOR STATE ROAD 60 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR SECTION 88060-2529; THENCE SOUTH 74°51'20" EAST ALONG SAID BASELINE OF SURVEY, A DISTANCE OF 99.082 METERS (325.07 FEET); THENCE SOUTH 15005'40" WEST ALONG A LINE AT A RIGHT ANGLE TO THE LAST DESCRIBED COURSE, A DISTANCE OF 15.204 METERS (50.00 FEET) TO A POINT ON THE SOUTHWESTERLY EXISTING RIGHT OF WAY LINE FOR SAID STATE ROAD 60 AND THE POINT OF BEGINNING; THENCE SOUTH 74°5120" EAST ALONG SAID SOUTHWESTERLY EXISTING RIGHT OF WAY LINE AND A LINE 15.240 METERS (50.00 FEET) SOUTHWESTERLY OF AND PARALLEL WITH SAID BASELINE OF SURVEY, A DISTANCE OF 26.742 METERS (87.74 FEET) TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 22; THENCE CONTINUE SOUTH 74.51.20" EAST ALONG SAID SOUTHWESTERLY EXISTING RIGHT OF WAY LINE AND. SAID PARALLEL LINE, A DISTANCE OF 138.682 METERS 454.99 FEET; TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY HAVING A CHORD BEARING OF SOUTH 69°55'52" EAST; THENCE SOUTHEASTERLY HAVING SAID PARALLEL LINE AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 828.796 METERS (2,719.14 FEET), THROUGH A CENTRAL ANGLE OF 09'50'57", AN ARC DISTANCE OF 142.470 METERS (467.42 FEET) TO THE END OF SAID CURVE; THENCE SOUTH 65000'23" EAST ALONG SAID SOUTHWESTERLY EXISTING RIGHT OF WAY LINE AND SAID PARALLEL LINE, A DISTANCE OF 359.564 METERS (1,179.67 FEET); THENCE SOUTH 32'13'04" WEST, A DISTANCE OF 10.994 METERS (36.07 FEET) TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A CHORD BEARING OF NORTH 69041'15" WEST; THENCE CONTINUE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 4,841.800 METERS (15,885.14 FEET), THROUGH A CENTRAL ANGLE OF 07°44'30", AN ARC DISTANCE OF 654.211 METERS (2,146.36 FEET) TO THE END OF SAID CURVE; THENCE NORTH 00'3947- WEST, A DISTANCE 26.340 METERS (86.41 FEET) TO THE POINT OF BEGINNING." CONTAINING IN ALL 701.77 ACRES, MORE OR LESS. (01210133;1) 117 .256 BK. 2229 TG: 699 EXHIBIT 4B* - MAP FROMBASELINE OOCUMENTATION is 118 SK: 2229 PG: 700 `EMHlo_iY� '� . ......... . Triple S Land Company Conservation. Easement ment 5 n '3 27 7 -2 10 0 J Legend Photo Points Land Cover 0 = Improved Pasture Conservation Easement Wetlands Wooded Pasture Roads Grantor: Triple S Land Company Grantee. Indian River County Map prepared by CivaTerra, Inc. for the Indian River Land Trust November 26. 2007 0 ols U Bi6 zaz9 'pc: poi I I 120 i /AI October 12, 2021 ITEM 14.A. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 24, 2021 SUBJECT: Proposal for Pretrial Program Services for Indian River County FROM: Joseph E. Flescher, Chairman Commissioner, District 2 BACKGROUND St. Lucie County has a Pretrial Program which provides a number of different services, such as GPS monitoring, curfew and house arrest compliance, establishing exclusion zones, and drug and alcohol testing. The pretrial program is utilized by judges as an alternative to having a defendant spend time before trial in jail. St. Lucie County provides this service to Okeechobee County and Martin County. On May 14, 2019, the Board authorized the County Attorney's Office to work with the Indian River County Sheriffs Office and the St. Lucie County Pretrial Program on gathering a more definitive cost estimate for providing services in Indian River County. St. Lucie County submitted a draft proposal, however, with the lack of support of the program at that time from the Indian River County Sheriffs Office, the program did not move forward. On May 28, 2021, the Indian River County Public Safety Council for Criminal Justice, Mental Health and Substance Abuse voted to support adopting a pre-trial services program in Indian River County. St. Lucie County has submitted the attached new proposal; which sets an annual cost of $250,744.55 to run the program. The Indian River County sheriff's Office is now supportive of the program and is willing to split the costs evenly between the County and the Sheriff's Office. St. Lucie County has indicated that it would take about 4 to 5 months to get the pre-trial program up and running and would require initial funding of approximately $35,800.00, 121 which is included in the annual price, .to purchase program specific equipment and background investigation expenses. I would like to see if my fellow Commissioners would be willing to support moving forward with establishing a pre-trial services program here in Indian River County. ATTACHMENT Proposal for Pretrial Program Services for Indian River County 122 Date: June 30, 2021 To: Dylan Reingold, Indian River County Attorney From: Joseph J Cowan, St Lucie County Criminal Justice Director Ye Re: Proposal for Pretrial Services for Indian River County The following is a response to your Request for Proposal for St Lucie County Criminal Justice Division to provide and operate a Pretrial Program for Indian River County. The proposal outlines items, facilities and services to be provided by Indian River County and St Lucie County. This will be a full service pretrial office supported by a full time staff and supervised by our Program Manager. Please note that any agreement is subject to the approval of the Board of County Commissioners of St Lucie County, Florida. Cost and projected savings: Annual cost for Pretrial Program $250,744.55 Based on data provided by Indian River County and current Pretrial statistics. Indian River County should expect 218 defendants annually on Pretrial Program Majority of Defendants are on Pretrial 30 days (some more and some less) Projected annual jail bed day reduction 6,540 Current Indian River County Jail bed day cost $99.00 Projected jail bed day cost savings to Indian River County $647,460.00 Project overall cost savings to Indian River County $396,715.45 (bed day cost savings minus program cost) Additional Cost savings Projected cost savings noted above does not include Defendant/Inmate Medical cost savings. Asan inmate, the County is responsible for all medical care and associated expenses. Once released from jail the inmate/defendant is now responsible for their own medical care and associated expenses. Program Benefits Pretrial Program is a specialty tool available to the Courts so they may impose a reduced bond amount and still provide community protections. Defendant may be permitted to continue working (provide for family) Defendant will have conditions imposed to ensure court order compliance. Examples include weekly reporting to a Pretrial Office, random home visits by Pretrial staff, random drug/alcohol testing. GPS defendants are tracked 24/7 and may have restriction zones. 218 South 2" Street, Fort Pierce, Florida 34950 (772) 462-6772 123 Indian River County will provide • Office space in the Indian River County Courthouse. This office space shall be equipped with a desk and office chairs for three (3) people. Office shall have three dedicated phone lines. • Separate secure office space for defendant check-in and instruction. Room should contain small table and three (3) chairs. Room should have security camera and panic alarm. • Access to Courthouse WiFi system • Access to Indian River County Court and Sheriff Jail programs. • . Three.desk phones • Point of contact with Indian River County Administration • Point of contact with Indian River Clerk of Court • Point of contact with Indian River County Jail • Security clearance at Courthouse and Jail for Pretrial Staff (all staff members). St Lucie County will provide • One (1) Senior Pretrial Officer • One (1) Case Manager • Two (2) laptop computer work stations and maintenance for same • Printer/Copier/Fax machine • One (1) Pretrial vehicle equipped with computer mount and warning lights • SLC will vet, hire, provide salary, benefits and supervise all personnel assigned to the program. • All GPS tracking equipment necessary for the program • Training and certifications for all personnel assigned to the program. • Annual report and OPPAGA reports to Indian River County • Provide Roll Call training to Law Enforcement agencies in Indian River County • Body Armor, Jacket and flash light for pretrial officer • Two (2) cell phones • One (1) IPad with mounting system and maintenance for defendant check-in Note If the case load runs higher than 40 cases per week for more than six (6) consecutive weeks then the St. Lucie County Pretrial Program shall be able to approach .Indian River County BOCC to discuss an increase in the number of Pretrial Personnel assigned to the Indian River County contract. Optimal Officer/Defendant caseload ratio is 20 defendants per Pretrial Officer. 124 TABLE OF CONTENTS Overview...................................................................... 3 Accreditation................................................................. 5 MissionStatement........................................................... 6 OrganizationalChart ....................................................... 7 Hoursof Operation......................................................... 8 Staff Special Assignments ................................................. 0 10 Field Training Program... o o.... o o. 0 0. 12 Cost and Projected Savings. 13 Management Staff Contact List.;.. ......... o o o o o o o ........... 14 OVERVIEW St Lucie County Pretrial Program operates within the Nineteenth Judicial Circuit, which consists of St Lucie, Indian River, Okeechobee and Martin Counties. First established in 2006 by Judicial Administrative Order, initially a private contractor handled Pretrial services for St Lucie County. An updated Administrative order issued in 2007 created the St Lucie County Pretrial Program within the County Attorney's Office under supervision of the Criminal Justice Coordinator. The original intention of the program was to reduce jail overcrowding and lower inmate medical expenses in St Lucie County. Since 2007, the program has undergone many changes and evolved into a multi -county program providing Pretrial services to most of the 19' Judicial Circuit. In 2015, the program began handling Pretrial services for Okeechobee County through an inter -local agreement. The program grew again in 2018 when St Lucie County opened a satellite office in Stuart to provide Pretrial services for Martin County also through an inter -local agreement. The St Lucie Pretrial Program provides supervision for defendants with a variety of conditions including GPS, house arrest, curfew and non -GPS cases. Supervision is conducted 24/7 to insure compliance with court orders and other issues. Some of the services provided include random home visits, exclusion zones (GPS defendants), coordination of clothing removal, weekly defendant check-in, court and drug test reminders all in effort to ensure compliance with court ordered conditions. The majority of defendants assigned to Pretrial supervision come from First Appearance or Bond Hearings. The presiding judge imposes any special conditions of Pretrial release at that time. Generally, any defendant with GPS condition is met at jail prior or at time of release in order to "hook-up" a GPS unit and provide Pretrial instructions. Supervision starts the moment a defendant is released from jail. All defendants receive a scheduled formal instruction appointment within 48 hours of release. qq . 1,,2 4 -,3 In 2009 (first full year of statistical data) the St Lucie County Pretrial Program supervised 542 defendants where in 2020 the program supervised 1,011 defendants and conducted over 12,000 home visits. The greatest impact is found in the number of bed days and cost savings for each County. 2020 Data County Bed Days Saved Inmate Cost per Da Cost Savings St Lucie County 819543 $71.66 $598439371.38 Martin County 129174 $106.00 $192909444.00 Okeechobee County 29294 $78.57 $1809239.80 Totals 889980 $793149054.96 Pretrial Administrative Order History: 2006-01 • Pretrial Program established using a private contractor to administer program in St Lucie County 2007-15 • Private contractor removed • St Lucie County Pretrial Program established • Pretrial program only authorized to accept cases for defendants who reside within the 19th Judicial Circuit 2020 • Prohibits St Lucie County Pretrial Program from conducting assessments prior to first appearance • SLC Pretrial staff will attend all first appearance hearings in counties who participate in the Pretrial program • Clearly defines information required by Pretrial staff and presiding judge at time of First Appearance • Permits some defendants reside outside of 19' Judicial Circuit under limited circumstances q9JA.9'',. ACCREDITATION St Lucie Pretrial Program received full accreditation in June 2021 becoming one of only eight pretrial programs in the State accredited by Florida Corrections Accreditation Commission. The Accreditation process ensures an agency follows best practices and meets the highest professional standards. Obtaining Accreditation is a rigorous multi-year process requiring complete commitment from all members of the agency. St Lucie County Pretrial completed the initial accreditation process in the midst of a pandemic that also required many operational changes. K24 r -'� ji �' ill . • �," O O © rl- ICY u j. jj OarsmuogAglm Prelt�ial is com_milt� ed to enhanc=ing community safety through comprehensive supervision s'trafiegies and accountability measures intended to ` reduce defendant rec-idivisrn. Proudly serving Saint Lucie, Martin and Okeechobee Counties �! Li ORGANIZATIONAL CHART The organization consist of a Program Manager and 16 Staff members. There are two Pretrial Supervisors, two Senior Pretrial Officers, nine Pretrial Officers, two Case Managers and one Staff Assistant. Operating out of two Pretrial office locations for daily operations in three Counties. IV ( .)-24 -rl HOURS OF OPERATIONS ST LUCI E COUNTY OFFICE 218 S 2" Street, Rm 311 Ft. Pierce, FL 34950 Defendant Check-in hours: Monday — Thursday 8:OOAM — 4:OOPM Weekday Shift Monday — Friday 8:OOAM — 5:OOPM Case Manager Shift Monday — Friday 7:30AM - 4:30PM Weekend Shift 1 Sunday 7:OOAM — 4:OOPM Monday — Thursday 8:OOAM — 5:OOPM First Appearance Shift Sunday — Saturday 7:OOAM — 4:OOPM Late Shift Monday — Friday Monday — Friday Weekend Shift 2 Tuesday — Friday 8:OOAM — 5:OOPM Saturday 7:OOAM — 4:OOPM 6 K?1,131-b MARTIN COUNTY OFFICE 100 SE Ocean Blvd, Suite B359 Stuart, FL 34994 Defendant Check-in hours: Monday — Thursday 8:OOAM — 4:OOPM Early Shift Monday — Friday 7:30AM — 4:30PM Late Shift Monday — Friday 9:OOAM — 6:OOPM Av?rna.� Case Manager Shift Monday — Friday 8:OOAM — 5:OOPM *Weekend shifts and Stand-by Officers handle first appearance in all three (3) counties on Saturday and Sunday* (A' 1'-�O STAFF SPECIAL ASSIGNMENTS Drug Testing Coordinator The Drug Testing liaison is responsible for monitoring the daily drug testing operations in St. Lucie, Martin and Okeechobee counties. The liaison is responsible for making sure all defendants who are subject to drug testing, submit to a drug test when required. The liaison is also responsible for making sure all defendants submit updated prescription data to the Pretrial Office. GPS Coordinator As the GPS Coordinator, a primary responsibility is to ensure inventory and GPS equipment are properly maintained. For efficient day-to-day operations, it is imperative that the coordinator maintains an appropriate inventory of GPS units and associated supplies in both field offices and all pretrial vehicles. It is the responsibility of the GPS Coordinator, along with supervisory staff, to ensure all staff are properly trained, knowledgeable, capable of properly handling the equipment and software. Field Assignment Coordinator The duty of the Field Coordinator is to assign Pretrial Officers a daily itinerary to a designated area to conduct home visits. Normally, the Field Coordinator will send Officers North, South, East and West of the circuit depending on the need of the Pretrial Office. Pretrial Officers are also assigned to respond to Jails, Hospitals, Behavior Units etc. for those defendants that have been temporarily placed in a facility. Accreditation Manager The duties of the Accreditation Manager include the planning and implementation of accreditation activities within the agency. Examples of these duties include formulating agency policies in compliance with accreditation standards, provide agency training on new or updated policies, collect required proofs of compliance and prepare all documentation for accreditation assessment teams. Post First Appearance Coordinator The Post First Appearance Review Coordinator monitors the daily docket list of each county serviced by our program 10 days following first appearance for inmates who might be candidates for the Pretrial Program. If the inmate meets specific criteria, that inmate is interviewed to confirm demographics and determine if they should be considered for Pretrial. If the Pretrial officer finds the inmate (defendant) to be amenable to the Pretrial Program, the Defense Attorney of record is notified for potential court motion. Training Coordinator Responsibilities of this title include, communicating with Supervisors and upper management to identify training needs and mapping out a program to meet these needs. Research and recommend new training methods to ensure all staff maintain 40 hours of training annually. All St Lucie Pretrial Staff are cross -trained within their respective functions to perform any daily assignment based on operational needs of the day. Officers rotate duties on a regular basis to maintain a high level of job proficiency (Vj, )2-4-11 FIELD TRAINING PROGRAM The heart of the Pretrial Program truly is the quality of our personnel. The hiring process requires a full law enforcement background check followed by a comprehensive training and evaluation program. This combination ensures St. Lucie County Pretrial has a well- prepared staff to service our communities long into the future. Our agency requires all personnel with Pretrial responsibilities receive extensive training on all Pretrial duties prior to being assigned Pretrial responsibilities. This four phased field training program is based on the San Jose Model commonly used by law enforcement with criteria modified to fit Pretrial needs. The Program requires a minimum of 120 hours of training to be given by experienced Pretrial Officers who have demonstrated the ability and desire to train and mentor new personnel. The first two officers asked to become trainers continue as trainers today and both are actively working to improve the program. On day one, all new employees are greeted outside by a Supervisor or Program Manager as a welcome to our family and enter the building as an employee rather than a visitor. Their first day consists of an orientation program covering subject matter required by accreditation prior to personnel assuming Pretrial responsibilities. The second day with the Pretrial Program the trainee comes under the tutelage of one of the training officers. Utilizing the philosophy that when you build a house you first build a strong foundation and then build upwards, the program is divided into four phases with the most basic and central duties taught first. Supervisors meet with the trainers frequently to discuss the new employee's strengths, weaknesses and to determine if the trainee should move to the next phase or be provided remedial training. 1. PHASE ONE the new officer learns basic Pretrial database entry and defendant research required to perform their duties. 2. PHASE TWO builds upon skills learned in phase one and personnel learn how to monitor drug test results, GPS monitoring and GPS Emergencies, handle defendants with a warrants, address verification, first appearance court and more. 3. PHASE THREE the trainee moves to field work learning GPS Hook-ups, Home Visits, Hospital/ Facility Visits, and GPS Master Tamper Response. 4. PHASE FOUR is called a "Shadow Phase" where trainees are required to perform all Pretrial duties on their own under the watchful eye of a trainer with little to no assistance. Upon successful completion of phase four the trainee is released on their own as a Pretrial Officer who can successfully, and with confidence, go out and tackle the job. /Pa, /91,J9 COST AND PROJECTED SAVINGS Proposed annual cost for St Lucie County to provide a full-service Pretrial Program in Indian River County $250,744.55 All figures are based on data provided by Indian River County Sheriff s Office and current St Lucie County Pretrial statistics. Current Indian River County Jail bed day cost $99.00 (Cost to house 1 inmate for 1 day) Projected Indian River County Pretrial Defendants 218 annually Average time on Pretrial is 30 days (some more and some less) Projected annual jail bed day reduction 6,540 Projected jail bed day cost savings to Indian River County $647,460.00 Projected overall cost savings to Indian River County $396,715.45 (Bed day cost savings minus program cost) Additional Cost savings Projected cost savings noted above does not include Defendant/Inmate Medical cost savings. As an inmate, the County is responsible for all medical care and associated expenses. Once released from jail the inmate/defendant is now responsible for their own medical care and associated expenses. Program Benefits Pretrial Program is a specialty tool available to the Courts so they may impose a reduced bond amount and still provide community protections. Defendant may be permitted to continue working (provide for family). Defendant will have conditions imposed to ensure court order compliance. Examples include weekly reporting to a Pretrial Office, random home visits by Pretrial staff, random drug/alcohol testing. GPS defendants are tracked 24/7 and may have restriction zones. elpq uq_13 MANAGEMENT STAFF CONTACT LIST Criminal Justice Director — Joseph Cowan Office Phone: 772-462-1949 Cell Phone: 772-971-4757 Cowani(dMlucieco.om Program Manager — Alicia Foster Office Phone: 772-462-6773 Cell Phone: 772-267-0494 FosterA(a,stlucieco.org Program Supervisor — Robert Worcester Office Phone: 772-462-1756 Cell Phone: 772-323-8646 WorcesterRo(a,stlucieco.org Program Supervisor — LaSheri Baker Office Phone: 772-462-2367 Cell Phone: 772-475-5158 Bakerl(a),stlucieco.org (�q), a4d 15-83 SWDD Agenda Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: September 14, 2001 To: Jason E. Brown, County Administrator From: Matt Jordan, Interim Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Subject: Residential Paper Shredding Event on October 16, 2021 Description: The Solid Waste Disposal District (SWDD) and Waste Management, Inc. of Florida (WM) will be partnering with Southeast Secure Shredding (SSS) to host the Fall Residential Paper Shredding Event on Saturday, October 16, 2021. All residents of Indian River County are invited to bring up to three boxes/bags of paper (up to 35 lbs. each) to be shredded and recycled. There is no charge to the public, but participation is limited to one drop-off per vehicle per household. The event will be held from 8 am to 1 pm at SSS. located at 3910 U.S. Highway 1 in Vero Beach. Analysis: SSS is charging $5 per vehicle. However, there is no anticipated event. cost to SWDD, as WM will be covering the cost per the attached Contract Memorandum of Understanding (MOU) signed by the County Administrator and Kasey C. Godwin, District Manager for Waste Management. SWDD is responsible .for the advertising for these types of events and per the MOU is responsible for any additional costs, over the annual $16,000 allocation by Waste Management. Our first event this year on April 17, 2021 resulted in 669 cars and diversion of 10.6 tons of paper. WM paid $3,345 (669 x $5) to SSS and we have $12,655 remaining for this calendar year. The allocation will cover approximately 2,531 cars, which we do not expect in a 5 -hour event. Funding: The funding for the Fall Residential Paper Shredding Event is available in the SWDD/Recycling Department/Advertising Except Legal account, number 41125534-034810. This account is funded through user assessment fees. The anticipated cost for advertising this event is $7,800 for 1,560 cars. Description Account Number Amount Advertising/Except Legal 41125534-034810 $7,800 SWDD Agenda - Fall Residential Paper Shredding Event 125 Revised - Page 1- SWDD Agenda Recommendation: Solid Waste Disposal District staff recommends that the Board approve the Fall Residential Paper Shredding Event to be held on October 16, 2021. Attachment: ` 1. Contract Memorandum of Understanding with Waste Management, Inc. of Florida SWDD Agenda - Fall Residential Paper Shredding Event 126 Revised Page 2 - BOARD OF COUNTY COMMISSIONERS tR 0 March 3, 2021 Kasey Godwin, District Manager Waste Management of Florida 4310 77t11 Street Vero Beach, Florida, 32966. Re: Contract Memorandum of Understanding Supplemental to Franchise Agreement for Public Events Dear Mr. Godwin: For 2021, the parties to the Franchise Agreement will allow for the following in lieu of the requirements set forth in the second. paragraph of Article 9. Community Cleanups of the Franchise Agreement: Franchisee shall assist SWDD with multiple Paper Shredding Events within the Franchise Area. a) The Paper Shredding event(s) shall be held at a location to be determined from 9:00 a.m. to 2:00 p.m. at dates to be coordinated with SWDD staff. Waste Management shall allocate a not to exceed cost of $16,000 per year for this effort. SWDD shall handle the advertising for the events and shall pay any additional cost beyond this allocation. Indian River County's in -field point of contact for this project is Ms. Sue Flak. Ms. Flak can be contacted at (772) 226- 3206 and sfiak@irceov.com. Jason Ad Waste Management, Inc. of Florida Agreed by Date K ey C. Godwin, District Manager ��: APf'�RIOVEl? .--Ntcy 127 i589 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: September 24, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste. Disposal District Subject: Work Order No. 44 to Kimley-Horn for Landfill Gas Flare Skid Improvements and Pipeline Extension Descriptions and Conditions: The Solid Waste Disposal District (SWDD) has been operating a voluntary "low-pressure" Landfill Gas (LFG) Collection and Control System since 2004. Over the past 17 years, the system has incurred routine wear and tear with certain items being refurbished or replaced. The voluntary LFG system continues to serve its purpose in reducing odors, reducing the potential for fires and protecting the environment by the thermal conversion of methane gas to carbon dioxide, which is 21 times less harmful. Most recently, SWDD, through the 2nd Amendment to the LFG Agreement with Indian River EcoDistrict (IRED), is committed to selling the LFG to IRED for a Renewable Natural Gas (RNG) project. IRED has provided the attached reference letter for Biogas Engineering (BGE) as the firm that they are utilizing for the RNG project. Prior to the RNG project going on line, SWDD has also committed to providing LFG for the evaporation of landfill leachate through an agreement with the Indian River Sustainability Center, LLC (IRSC). Once the RNG project is line, the IRSC will utilize pipeline gas from Florida City Gas.for the evaporation project. Per a recent request for a change order from IRSC, they have indicated that they need "high-pressure" LFG to the Evaporation Project. Their proposal was to install a "Booster Blower" system for $315,000 to convert our low-pressure gas to high-pressure gas. IRSC also has pledged to provide an approximate credit not to exceed $240,000 for SWDD providing the design, permitting and construction of the LFG line from our flare system to the evaporation system. Our current LFG Flare Skid system was recently evaluated by Biogas Engineering (BGE) under a purchase order for $19,000 in December 2020. BGE recommends that SWDD replace the current LFG Flare Skid by improving the blower system from a "low-pressure" to a "high-pressure" system, convert the mechanical relays to a programmable logic controller and install a new flare that is properly sized for current and future needs. Based on this evaluation and recommendation, staff rejected the proposal from .IRSC for a Booster Blower. To facilitate this project, staff requested a proposal'from Kimley-Horn and Associates, Inc. (KHA) utilizing BGE as a sub -consultant. The combined effort of both firms is ideal as KHA has the local experience with 28 SWDD Agenda - Work Order No 44 to Kimley Horn - LFG Flare Skid Improvements and Pipeline Extension Page 1 og f 2 SWDD Item the landfill facility and coordination with local survey and geotechnical firms while incorporating the critical integration element of BGE for both the RING and the Evaporation projects. Analysis: KHA has prepared Work Order No. 44, per the Continuing Consulting Engineering Services Agreement for Professional Services, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The tasks are listed below showing the scope and their estimated fees. The project is estimated to take four months to complete. PHASE 1 DESCRIPTION KIMLEY- HORN SUBCONSULTANT OTHER EXPENSES* TOTAL AMOUNT Task 1 Landfill Gas Pipeline Extension $31,280 $60,500 $0 $91,780 Task 2 Landfill Flare Skid Improvements $14,340 $112,300 $8,000 $134,640 TOTAL = 1 $45,620 $172,800 $8,000 $226,420 *Other Expenses are for travel to be billed on a time and materials basis. The Phase 1 work includes design and procurement services to be followed by the recommendation of bids for the equipment/installation of Work Order 44 under Phase 2. The overall estimated cost for both Phase 1 and Phase 2 is approximately $1,300,000. In term of the two projects, the Landfill Gas Pipeline Extension work is estimated to be $300,000 and the Landfill Gas Flare Skid Improvements are estimated to be $1,000,000. Funding: Funding for the SWDD LFG project for the evaporation of leachate is budgeted and available in the Landfill SWDD/Engineering Services Account, number 41121734-033130, for $91,780, which is funded from SWDD assessments and user fees. The Landfill Gas Flare Skid Improvements are considered a "closure activity" and, as such, is funded from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements, which has the funds available in, the SWDD/Accrued Closure — I, II & Infill Account, number 411-239006, for $134,640. Description Account Number Amount SWDD/Engineering Services 41121734-033130 $91,780 SWDD/Accrued Closure — I, II & Infill Account (Escrow) 411-239006 $134,640 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Approve Work Order No. 44 with Kimley-Horn and Associates, Inc. for $226,420 to provide engineering services related to the Landfill Gas Pipeline. Extension and Skid Improvements. b) Authorize the Chairman to execute the same, as presented. Attachment: 1. Reference letter from IRED 2. Work Order No. 44 — KHA SWDD Agenda - Work Order No 44 to Kimley Horn - LFG Flare Skid Improvements and Pipeline Extension Page 2 of 29 Sept 29, 2021 Himanshu Mehta Indian River County Solid Waste Disposal District 1325 74th Ave. SW Vero Beach, FL 32968 Re: Experienced engineering support for Renewable Natural Gas production facility Dear Himanshu, This letter is to confirm that our team at the Indian River Eco District has been working with the engineering support. of Biogas Engineering during the last 1 year and 9 months, as we have continued to progress forward with our Renewable Natural Gas (RNG) production facility. As you know, RNG is a relatively new industry within the United States, and there are currently less than 200 operational RNG facilities across the entire country. Within the state of Florida, there are currently no RNG facilities yet operational, and we expect for our facility to become the first (if not one of the very first) fully built and operational RNG facilities in this state. We always look to hire or subcontract local talent on all of our work efforts. However, as we are effectively pioneering this industry within the state of Floirda, we quickly realized last year that there was an absence of local engineering companies with real experience in the engineering design, procurement and construction of RNG facilities. Hence, we performed an exhaustive search across the United States, and we selected Biogas Engineering as our engineering partner based on their in-depth knowledge and experience with a) landfill engineering design and optimization, and b) all aspects of designing and building other RNG facilities in the US. Furthermore, as we began speaking with infrastructure investment partners that are becoming active in this new sector, we were delighted to learn that many of the leading infrastructure capital groups lean on the skills of the Biogas Engineering team to perform the engineering due diligence on projects being considered for capital invesetment. Thus far, we have been incredibly pleased with the professionalism, knowledge and support of the Biogas Engineering team, and quite frankly they have saved us a lot of time and money by helping us to make the optimal decisions at every step as we progress with this multi -phased project effort. We would confidently recommend them to any private sector developer or public sector landfill that is becoming involved in this type of project. Alain Castro Managing Partner Indian River Eco District Indian River Eco District 130 925 74th Ave. SW, Vero Beach, FL 32968 www.irecodistrict.com CCNA2018 WORK ORDER 44 Landfill Gas Flare Skid Improvements and Pipeline Extension This Work Order Number 44 is entered into as of this _ day of , 2021, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of the 18th day of May, 2021 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Kimley-Horn and Associates, Inc. OF INDIAN RIVER COUNTY By: By: Brian Good, P.E. Joseph E. Flescher, Chairman Print Name: Title: Senior Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 131 WORK ORDER NUMBER 44 LANDFILL GAS FLARE SKID IMPROVEMENTS AND PIPELINE EXTENSION EXHIBIT A SCOPE OF WORK PROJECT UNDERSTANDING Indian River County (County) solid waste disposal district (SWDD) currently relies on a candlestick flare for landfill gas (LFG) emissions. The current blower flare skid was installed in 2004 and is in need of updating and reconfiguration for overall performance and efficiency, and to accommodate the renewable natural gas (RNG) project that is in development with the Indian River Eco District (IRED). In addition, SWDD is working with a third -party to install a leachate evaporation system that may utilize landfill gas as a fuel source. To accommodate the RNG and evaporation projects, modifications to the LFG skid and an extension to the LFG pipeline are required. The proposed modifications will improve the LFG collection and control system by providing reliable vacuum pressure to the gas wellfield and ensure continuous delivery of dry, pressurized LFG to the evaporation and RNG projects. Kimley-Horn and Associates, Inc. (Consultant) has partnered with BioGas Engineering (BioGas) to design, permit and bid the proposed improvements. The BioGas proposal is incorporated herein and provided as Attachment 1 to this Scope of Work for informational purposes. The Consultant team will design, permit, and prepare a bid package for the proposed improvements as outlined in the following Scope of Services. Services during construction are not included in this Scope of Services. SCOPE OF SERVICES Task 1: Landfill Gas Pipeline Design The Consultant will prepare the design of an LFG pipeline to deliver LFG from the flare skid to the proposed location of the evaporation system (adjacent to the existing biosolids dewatering facility). The route of the pipeline will be identified in Task 1 and utilized as the basis, of this design. The design will provide for a common utility trench that will house: 1. LFG transmission line from flare to the evaporation system; 2. Compressed air line for pneumatic valves and pumps (if required); 3. Any other future lines required by the County; and 4. Any control conduits required to communicate between new flare skid and the evaporation system. This task will include route analysis, site survey, geotechnical data collection, site survey details, trench detail, pipe sizes, conduit types/sizes, roadway crossing details, pavement restoration cross sections/details, maintenance of operations/traffic information, erosion 132 control details, and miscellaneous details needed to complete the construction of the project, as outlined in the following subtasks. Subtask 1.1 Preliminary Design Activities 1.1.1 Alignment for Survey Purposes This task will include a kickoff meeting with SWDD staff to discuss project objectives, scope, .schedule and coordination of related tasks/projects not included in this Scope of Services (i.e. environmental and operational impacts, leachate force main, etc.). During the kickoff meeting, the Consultant will present options for finalization of the pipeline route to extend the LFG from the existing flare location to the evaporation system location (north of the biosolids dewatering facility). 1.1.2 Survey Using the route identified in Subtask 1.1.1, Consultant will proceed with the collection of survey data to serve as the basis of design. The Consultant will subcontract with a local consultant who routinely performs work for the County on the SWDD property to perform these services. Survey of the proposed LFG pipeline extension corridor will include documentation of surface features, location of underground piping in the vicinity of the evaporation system (leachate forcemain and wastewater forcemain), trees and other notable features. Ground penetrating radar is not included. Underground utilities will be approximated from prior surveys, record drawings and visible surface features (valves, meters, etc.) and will be noted for the selected contractor to field -verify prior to construction. Consultant will review the survey data upon receipt and incorporate into the design plans. 1.1.3 Geotechnical Data The consultant will subcontract with a local consultant who routinely performs work for the County on the SWDD property to perform these services. The Consultant anticipates the collection of geotechnical data (soil borings) from approximately seven (7) hand augers to a depth of six (6) feet to determine the suitability of soils and establish the seasonal high water table elevation. The Consultant will review the geotechnical report for incorporation into the design documents. Subtask 1.2 Landfill Gas Pipeline Design 1.2.1 30 Percent Design The Consultant will prepare 30 percent plans detailing the proposed modifications. Two 11 x 17 hardcopy sets of review documents will be provided to the County along with an electronic (PDF format) copy. A review meeting will be conducted with SWDD staff to capture comments and concerns relative to the proposed 30 percent design to ensure the design is compatible with the proposed RNG and evaporation system projects. Comments received will be documented and incorporated as appropriate for use in preparing the 60 percent design documents. 133 1.2.2 60 Percent Design The Consultant will prepare 60 percent plans and specifications to serve as the bid package for use by the County in soliciting competitive bids for construction of the project. The 60 percent design will incorporate comments received on the 30 percent design and will also include detailed design of civil (paving, grading, drainage), structural, electrical, instrumentation (based on information provided by others), demolition, tree relocations and site restoration components (if needed). Environmental services related to surface water impacts, gopher tortoise relocation, etc. are not included in this scope of services. These services can be provided, if needed, under separate authorization or amendment to this Work Order. Two full size sets of plans and two hardcopy sets of draft technical specifications will be provided, along with an electronic copy (PDF format) for the County's review. A design review meeting will be conducted with SWDD staff to discuss comments on the 60 percent design documents. Comments received will be documented and incorporated as appropriate for use in preparing the 90 percent design documents. 1.2.3 90 Percent Design and Final Bid Package The Consultant will incorporate comments received during the 60 percent review and advance the plans, and specifications to the 90 percent completion level. Two full size sets of plans and two hardcopy sets of draft technical specifications will be provided, along with an electronic copy (PDF format) for the County's review. An additional review meeting will be conducted with SWDD staff to discuss review comments and final modifications to be made to the bid package. The consultant will incorporate final comments and coordinate with procurement to prepare the final bid package for use in advertising the project. The Consultant will provide a final PDF of the bid documents to SWDD and procurement for use in soliciting bids. 1.2.4 Bidding and Project Management The Consultant will prepare for and participate in a pre-bid site visit meeting with prospective bidders. An attendee list will be prepared, and questions asked will be documented with written responses for procurement to distribute to plan holders. The Consultant will prepare up to two addenda to the bid, providing clarifications and additional information as needed. Consultant will coordinate with procurement on all bid -related matters. The Consultant will then review bids received, verify references and prepare a recommendation of award to provide to SWDD. Upon award, procurement will complete the preparation of conformed documents. No services are included for preparing the conformed contract documents. This task will also include Project Management services for those tasks necessary to monitor and maintain project scope, schedule and budget, prepare invoices, 134 prepare progress summaries and review/process subconsultant contracts and payment. Subtask 1.3 Coordination with Heartland The Consultant will work closely with the County and Heartland to review the overall design, equipment specifications and construction plan of the evaporation system. The Consultant will serve as the Owner's representative and will review the details of the system integration between the Heartland Facility equipment and SWDD's proposed landfill assets. This task will include the following activities: ■ Allocate and assign key engineering resources (such as controls, mechanical, and process engineers) as necessary to support the project during critical design review stages; ■ Review detailed drawings, calculations and other information submitted by the Heartland engineering team. These may include natural gas and LFG piping designs, mechanical piping drawings, electrical and controls designs for valves, instruments and other electrical equipment that could affect the landfill assets. ■ Review the master project schedule and provide comments to SWDD regarding risks in achieving critical milestones by the developer. Please note that to do this, the Consultant will request monthly schedule updates from Heartland and provide comments as necessary. ■ The Consultant will monitor the engineering and coordination performed by developer/contractor of the facility. ■ The Consultant will review all design and equipment specifications regarding the integration of piping with the landfill system. ■ Perform site visits if necessary (travel expenses to be invoiced as incurred for the necessary number of site visits). Task 2: Landfill Gas Skid Design Design of the landfill gas skid modifications will include coordination with the RNG (IRED) and evaporation system (Heartland Technologies) providers to ensure that the proposed modifications meet the needs (pressure, moisture content, flow, etc.) of each project. Anticipated modifications are as follows: 1. Coordination of integration and controls between the LFG skid and the evaporation system, including automation suitable to adjust for operational changes by either the landfill or evaporation system. Anticipate addition of various sensors, modulating valves and a variable frequency drive. 2. New Control panel. 3. New high pressure blowers. Design will include the preparation of: ■ Process and Instrumentation Diagrams (P&IDs) ■ Process flow diagram including high pressure blowers; ■ Detailed mechanical drawings for the blower system; ■ Structural drawings as necessary to support new installation; 135 ■ Electrical drawings incorporating design for BFS; ■ A complete set of construction drawings for the procurement and construction of the new BFS; ■ Controls integration and network drawings for the integration of the Heartland Facility; and ■ Civil details for grading and drainage as needed. Subtask 2.1 Request for Information The Consultant will prepare a request for information needed to prepare the design and support the preparation of a basis of design memorandum. Data�requested will include, but not be limited to, historical operational data of the LFG collection system and flare, -operational needs of the RNG project (IRED) and operational needs of the evaporation system (Heartland). The Consultant will review and evaluate the data received to formulate a basis of design memorandum, which will then be reviewed with SWDD staff in a virtual meeting to gain concurrence prior to advancing to the design phase. Subtask 2.2 30 Percent Design The Consultant will prepare 30 percent plans detailing the proposed modifications. Two 11 x 17 hardcopy sets of review documents will be provided to the County along with an electronic (PDF format) copy. A review meeting will be conducted with SWDD staff to capture comments and concerns relative to the proposed 30 percent design to ensure the design is compatible with the proposed RNG and evaporation system projects. Comments received will be documented and incorporated as appropriate for use in preparing the 60 percent design documents. Subtask 2.3 60 Percent Design The Consultant will prepare 60 percent plans and specifications to serve as the bid package for use by the County in soliciting competitive bids for construction of the project. The 60 percent design will incorporate comments received on the 30 percent design and will also include detailed design of civil (paving, grading, drainage), structural, electrical, instrumentation (based on information provided by others), demolition, tree relocations and site restoration components (if needed). Environmental services related to surface water impacts, gopher tortoise relocation, etc. are not included in this scope of services. These services can be provided, if needed, under separate authorization or amendment to this Work Order. Two full size sets of plans and two hardcopy sets of draft technical specifications will be provided, along with an electronic copy (PDF format) for the County's review. A design review meeting will be conducted with SWDD staff to discuss comments on the 60 percent design documents. Comments received will be documented and incorporated as appropriate for use in preparing the 90 percent design documents. Subtask 2.4 90 Percent Design and Final Bid Package The. Consultant will incorporate comments received during the 60 percent review and advance the plans and specifications to the 90 percent completion level. Two full size sets 136 of plans and two hardcopy sets of draft technical specifications will be provided, along with an electronic copy (PDF format) for the County's review. An additional review meeting will be conducted with SWDD staff to discuss review comments and final modifications to be made to the bid package. The consultant will incorporate final comments and coordinate with procurement to prepare the final bid package for use in advertising the project. The Consultant will provide a final PDF of the bid documents to SWDD and procurement for use in soliciting bids. Subtask 2.5 Bidding and Project Management The Consultant will prepare for and participate in a pre-bid site visit meeting with prospective bidders. An attendee list will be prepared, and questions asked will be documented with written responses for procurement to distribute to plan holders. The Consultant will prepare up to two addenda to the bid, providing clarifications and additional information as needed. Consultant will coordinate with procurement on all bid - related matters. The Consultant will then review bids received, verify references and prepare a recommendation of award to provide to SWDD. Upon award, procurement will complete the preparation of conformed documents. No services are included for preparing the conformed contract documents. This task will also include Project Management services for those tasks necessary to monitor and maintain project scope, schedule and budget, prepare invoices, prepare progress summaries and review/process subconsultant contracts and payment. Subtask 2.6 Permitting The Consultant does not anticipate the need for local (i.e. County) or jurisdictional permits (FDEP, Army Corps of Engineers, etc.) for the work being proposed. The existing LFG collection system and flare will remain operational until such time as the new flare system is placed into service. Under this task, the Consultant will prepare and submit a request for determination to FDEP to obtain confirmation of permitting needs (or lack thereof) for modifying the LFG flare. If permitting is determined to be necessary, an amendment to this scope of services will be required. This task will also include minor coordination with the successful bidder to respond to any design -related questions from the building department as the contractor obtains the necessary construction permits. 137 EXHIBIT B FEE SCHEDULE The Consultant will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated May 18, 2021, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). Kimley-Horn will perform Tasks 1 and 2 for the total lump sum fee of $226,420, as detailed below. Individual task amounts are informational purposes only. All permitting, application, and similar project fees will be paid directly by the County. Task Description KHA Labor Subtotal BioGas Subs Survey Geotech Expenses Task Total Task 1- Landfill Gas Pipeline Design $ 31,280 $ 56,500 $ 2,000 $ 2,000 $ - $ 91,780 1.1 Preliminary Design Services $ 5,330 $ - $ 2,000 $ 2,000 $ - $ 9,330 1.2 Landfill Gas Pipeline Design $ 20,550 $ 37,100 $ - $ - $ - $ 57,650 1.3 Coordination with Heartland $ 5,400 $ 19,400 $ - $ - $ - $ 24,800 Task 2 - Landfill Gas Skid Design $ 14,340 $112,300 $ - $ - $ 8,000 $ 134,640 2.1 Request for Information $ - $ 9,210 $ - $ - $ - $ 9,210 2.2 30% Design $ 1,570 $ 27,630 $ - $ - $ 8,000 $37,200 2.3 60% Design $ 2,020 $ 27,630 $ - $ - $ - $ 29,650 2.4 90% Design and Final Bid Package $ 2,620 $ 27,630 $ - $ - $ - $ 30,250 2.5 Bidding and Project Management $ 6,180 $ 20,200 $ - $ - $ - $ 26,380 2.6 Permitting $ 1,950 $ - $ - $ - $ - $ 1,950 Lump Sum Total $ 45,620 $ 168,800 $ 2,000 $ 2,000 $ 8,000 $226,420 *Expenses will be invoiced as incurred, not on a lump sum basis. Lump sum fees will be invoiced twice monthly based upon the overall percentage of services completed. Payment will be due per the contract terms. . ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project but may be required depending on circumstances that may arise during the execution of this project. Additional services may include, but not be limited to the following: • Environmental Services (surface water impacts, gopher tortoise relocation, etc.) • Construction Services , • Design of the RNG or evaporation system projects • Design of any dehydration equipment or chiller skid slab 138 EXHIBIT C TIME SCHEDULE Design of the project will be completed within 4 months of receipt of Notice to Proceed. Advertisement of bid will be dependent upon the Procurement Department's workload. Bids will be received 30 days from advertisement. The Consultant will review bids and provide a recommendation of award within 15 days of bid opening. 139 Page 8 of 8 WORK ORDER NUMBER 44 LANDFILL GAS FLARE SKID IMPROVEMENTS AND PIPELINE EXTENSION EXHIBIT A SCOPE OF WORK PROJECT UNDERSTANDING Indian River County (County) solid waste disposal district (SWDD) currently relies on a candlestick flare for landfill gas (LFG) emissions. The current blower flare skid was installed in 2004 and is in need of updating and reconfiguration for overall performance and efficiency, and to accommodate the renewable natural gas (RNG) project that is in development with the Indian River Eco District (IRED). In addition, SWDD is working with a third -party to install a leachate evaporation system that may utilize landfill gas as a fuel source. To accommodate the RNG and evaporation projects, modifications to the LFG skid and an extension to the LFG pipeline are required. The proposed modifications will improve the LFG collection and control system by providing reliable vacuum pressure to the gas wellfield and ensure continuous delivery of dry, pressurized LFG to the evaporation and RNG projects. Kimley-Horn and Associates, Inc. (Consultant) has partnered with BioGas Engineering (BioGas) to design, permit and bid the proposed improvements. The BioGas proposal is incorporated herein and provided as Attachment 1 to this Scope of Work for informational purposes. The Consultant team will design, permit, and prepare a bid package for the proposed improvements as outlined in the following Scope of Services. Services during construction are not included' in this Scope of Services. SCOPE OF SERVICES Task 1: Landfill Gas Pipeline Design The Consultant will prepare the design of an LFG pipeline to deliver LFG from the flare skid to the proposed location of the evaporation system (adjacent to the existing biosolids dewatering facility). The route of the pipeline will be identified in Task 1 and utilized as the basis of this design. The design will provide for a common utility trench that will house: 1. LFG transmission line from flare to the evaporation system; 2. Compressed air line for pneumatic valves and pumps (if required); 3. Any other future lines required by the County; and 4. Any control' conduits required to communicate between new flare skid and the evaporation system. This task will include route analysis, site survey, geotechnical data collection, site survey details, trench detail, pipe sizes, conduit types/sizes, roadway crossing details, pavement restoration cross sections/details; maintenance of operations/traffic information, erosion 140 control details, and miscellaneous details needed to complete the construction of the project, as outlined in the following subtasks. Subtask 1.1 Preliminary Design Activities 1.1.1 Alignment for Survey Purposes This task will include a kickoff meeting with SWDD staff to discuss project objectives, scope, schedule and coordination of related tasks/projects not included in this Scope of Services (i.e. environmental and operational impacts, leachate force main, etc.). During the kickoff meeting, the Consultant will present options for finalization of the pipeline route to extend the LFG from the existing flare location to the evaporation system location (north of the biosolids dewatering facility). 1.1.2 Survey Using the route identified in Subtask 1.1.1, Consultant will proceed with the collection of survey data to serve as the basis of design. The Consultant will subcontract with a local consultant who routinely performs work for the County on the SWDD property to perfonn these services. Survey of the proposed LFG pipeline extension corridor will include documentation of surface features, location of underground piping in the vicinity of the evaporation system (leachate forcemain and wastewater forcemain), trees and other notable features. Ground penetrating radar is not included. Underground utilities will be approximated from prior surveys, record drawings and visible surface features (valves, meters, etc.) and will be noted for the selected contractor to field -verify prior to construction. Consultant will review the survey data upon receipt and incorporate into the design plans. 1.1.3 Geotechnical Data The consultant will subcontract with a local consultant who routinely performs work for the County on the SWDD property to perform these services. The Consultant anticipates the collection of geotechnical data (soil borings) from approximately seven (7) hand augers to a depth of six (6) feet to determine the suitability of soils and establish the seasonal high water table elevation. The Consultant will review the geotechnical report for incorporation into the design documents. Subtask 1.2 Landfill Gas Pipeline Design 1.2.1 30 Percent Design The Consultant will prepare 30 percent plans detailing the proposed modifications. Two 11 x 17 hardcopy sets of review documents will be provided to the County along with an electronic (PDF format) copy. A review meeting will be conducted with SWDD staff to capture comments and concerns relative to the proposed 30 percent design to ensure the design is compatible with the proposed RNG and evaporation system projects. Comments received will be documented and incorporated as appropriate for use in preparing the 60 percent design documents. 141 1.2.2 60 Percent Design The Consultant will prepare 60 percent plans and specifications to serve as the bid package for use by the County in soliciting competitive bids for construction of the project. The 60 percent design will incorporate comments received on the 30 percent design and will also include detailed design of civil (paving, grading, drainage), structural, electrical, instrumentation (based on information provided by others), demolition, tree relocations and site restoration components (if needed). Environmental services related to surface water impacts, gopher tortoise relocation, etc. are not included in this scope of services. These services can be provided, if needed, under separate authorization or amendment to this Work Order. Two full size sets of plans and two hardcopy sets of draft technical specifications will be provided, along with an electronic copy (PDF format) for the County's review. A design review meeting will be conducted with SWDD staff to discuss comments on the 60 percent design documents. Comments received will be documented and incorporated as appropriate for use in preparing the 90 percent design documents. 1.2.3 90 Percent Design and Final Bid Package The Consultant will incorporate comments received during the 60 percent review and advance the plans and specifications to the 90 percent completion level. Two full size sets of plans and two hardcopy sets of draft technical specifications will be provided, along with an electronic copy (PDF format) for the County's review. An additional review meeting will be conducted with SWDD staff to discuss review comments and final modifications to be made to the bid package. The consultant will incorporate final comments and coordinate with procurement to prepare the final bid package for use in advertising the project. The Consultant will provide a final PDF of the bid documents to SWDD and procurement for use in soliciting bids. 1.2.4 Bidding and Project Management The Consultant will prepare for and participate in a pre-bid site visit meeting with prospective bidders. An attendee list will be prepared, and questions asked will be documented with written responses for procurement to distribute to plan holders. The Consultant will prepare up to two addenda to the bid, providing clarifications and additional information as needed. Consultant will coordinate with procurement on all bid -related matters. The Consultant will then review bids received, verify references and prepare a recommendation of award to provide to SWDD. Upon award, procurement will complete the preparation of conformed documents. No services are included for preparing the conformed contract documents. This task will also include Project Management services for those tasks necessary to monitor and maintain project scope, schedule and budget, prepare invoices, 142 prepare progress summaries and review/process subconsultant contracts and payment. Subtask 1.3 Coordination with Heartland The Consultant will work closely with the County and Heartland to review the overall design, equipment specifications and construction plan of the evaporation system. The Consultant will serve as the Owner's representative and will review the details of the system integration between the Heartland Facility equipment and SWDD's proposed landfill assets. This task will include the following activities: ■ Allocate and assign key engineering resources (such as controls, mechanical, and process engineers) as necessary to support the project during critical design review stages; ■ Review detailed drawings, calculations and other information submitted by the Heartland engineering team. These may include natural gas and LFG piping designs, mechanical piping drawings, electrical and controls designs for valves, instruments and other electrical equipment that could affect the landfill assets. ■ Review the master project schedule and provide comments to SWDD regarding risks in achieving critical milestones by the developer. Please note that to do this, the Consultant will request monthly schedule updates from Heartland and provide comments as necessary. ■ The Consultant will monitor the engineering and coordination performed by developer/contractor of the facility. ■ The Consultant will review all design and equipment specifications regarding the integration of piping with the landfill system. ■ Perform site visits if necessary (travel. expenses to be invoiced as incurred for the necessary number of site visits). Task 2: Landfill Gas Skid Design Design of the landfill gas skid modifications will include coordination with the RNG (IRED) and evaporation system (Heartland Technologies) providers to ensure that the proposed modifications meet the needs (pressure, moisture content, flow, etc.) of each project. Anticipated modifications are as follows: 1. Coordination of integration and controls between the LFG skid and the evaporation system, including automation suitable to adjust for operational changes by either the landfill or evaporation system. Anticipate addition of various sensors, modulating valves and a variable frequency drive. 2. New Control panel. 3. New high pressure blowers. Design will include the preparation of: ■ Process and Instrumentation Diagrams (P&IDs) ■ Process flow diagram including high pressure blowers; ■ Detailed mechanical drawings for the blower system; ■ Structural drawings as necessary to support new installation; 143 ■ Electrical drawings incorporating design for BFS; ■ A complete set of construction drawings for the procurement and construction of the new BFS; ■ Controls integration and network drawings for the integration of the Heartland Facility; and ■ Civil details for grading and drainage as needed. Subtask 2.1 Request for Information The Consultant will prepare a request for information needed to prepare the design and support the preparation of a basis of design memorandum. Data requested will include, but not be limited to, historical operational data of the LFG collection system and flare, operational needs of the RNG project (IRED) and operational needs of the evaporation system (Heartland). The Consultant will review and evaluate the data received to formulate a basis of design memorandum, which will then be reviewed with SWDD staff in a virtual meeting to gain concurrence prior to advancing to the design phase. Subtask 2.2 30 Percent Design The Consultant will prepare 30 percent plans detailing the proposed modifications. Two 11 x 17 hardcopy sets of review documents will be provided to the County along with an electronic (PDF format) copy. A review meeting will be conducted with SWDD staff to capture comments and concerns relative to the proposed 30 percent design to ensure the design is compatible with the proposed RNG and evaporation system projects. Comments received will be documented and incorporated as appropriate for use in preparing the 60 percent design documents. Subtask 2.3 60 Percent Design The Consultant will prepare 60 percent plans and specifications to serve as the bid package for use by the County in soliciting competitive bids for construction of the project. The 60 percent design will incorporate comments received on the 30 percent design and will also include detailed design of civil (paving, grading, drainage), structural, electrical, instrumentation (based on information provided by others), demolition, tree relocations and site restoration components (if needed). Environmental services related to surface water impacts, gopher tortoise relocation, etc. are not included in this scope of services. These services can be provided, if needed, under separate authorization or amendment to this Work Order. Two full size sets of plans and two hardcopy sets of draft technical specifications will be provided, along with an electronic copy (PDF format) for the County's review. A design review meeting will be conducted with SWDD staff to discuss comments on the 60 percent design documents. Comments received will be documented and incorporated as appropriate for use in preparing the 90 percent design documents. Subtask 2.4 90 Percent Design and Final Bid Package The Consultant will incorporate comments received during the 60 percent review and advance the plans and specifications to the 90 percent completion level. Two full size sets 144 of plans and two hardcopy sets of draft technical specifications will be provided, along with an electronic copy (PDF format) for the County's review. An additional review meeting will be conducted with SWDD staff to discuss review comments and final modifications to be made to the bid package. The consultant will incorporate final comments and coordinate with procurement to prepare the final bid package for use in advertising the project. The Consultant will provide a final PDF of the bid documents to SWDD and procurement for use in soliciting bids. Subtask 2.5 Bidding and Project Management The Consultant will prepare for and participate in a pre-bid site visit meeting with prospective bidders. An attendee list will be prepared, and questions asked will be documented with written responses for procurement to distribute to plan holders. The Consultant will prepare up to two addenda to the bid, providing clarifications and additional information as needed. Consultant will coordinate with procurement on all bid - related matters. The Consultant will then review bids received, verify references and prepare a recommendation of award to provide to SWDD. Upon award, procurement will complete the preparation of conformed documents. No services are included for preparing the conformed contract documents. This task will also include Project Management services for those tasks necessary to monitor and maintain project scope, schedule and budget, prepare invoices, prepare progress summaries and review/process subconsultant contracts and payment.. Subtask 2.6 Permitting The Consultant does not anticipate the need for local (i.e. County) or jurisdictional permits (FDEP, Army Corps of Engineers, etc.) for the work being proposed. The existing LFG collection system and flare will remain operational until such time as the new flare system is placed into service. Under this task, the Consultant will prepare and submit a request for determination to FDEP to obtain confirmation of permitting needs (or lack thereof) for modifying the LFG flare. If permitting is determined to be necessary, an amendment to this scope of services will be required. This task will also include minor coordination with the successful bidder to respond to any design -related questions from the building department as the contractor obtains the necessary construction permits. 145 EXHIBIT B FEESCHEDULE The Consultant will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated May 18,-2021, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant'). Kimley-Horn will perform Tasks 1 and 2 for the total lump sum fee of $226,420, as detailed below. Individual task amounts are informational purposes only. All permitting, application, and similar project fees will be paid directly by the County. Task Description KHA Labor Subtotal Subs Expenses Task Total BioGas Survey Geotech Task 1- Landfill Gas Pipeline Design $ 31,280 $ 56,500 $ 2,000 $ 2,000 $ - $ 91,780 1.1 Preliminary Design Services $ 5,330 $ - $ 2,000 $ 2,000 $ - $ 9,330 1.2 Landfill Gas Pipeline Design $ 20,550 $ 37,100 $ - $ - $ - $ 57,650 1.3 Coordination with Heartland $ 5,400 $ 19,400 $ - $ - $ - $ 24,800 Task 2 - Landfill Gas Skid Design $ 14,340 $112,300 $ - $ - $ 8,000 $ 134,640 2.1 Request for Information $ - $ 9,210 $ - $ - $ - $ 9,210 2.2 30% Design $ 1,570 $ 27,630 $ - $ - $ 8,000 $37,200 2.3 60% Design $ 2,020 $ 27,630 $ - $ - $ - $ 29,650 2.4 90% Design and Final Bid Package $ 2,620 $ 27,630 $ - $ - $ - $ 30,250 2.5 Bidding and Project Management $ 6,180 $ 20,200 $ - $ - $ - $ 26,380 2.6 Permitting $ 1,950 $ - $ - $ - $ - $ 1,950 Lump Sum Total $ 45,620 $ 168,800 $ 2,000 $ 2,000 $ 8,000 1 $226,420 *Expenses will be invoiced as incurred, not on a lump sum basis. Lump sum fees will be invoiced twice monthly based upon the overall percentage of services completed. Payment will be due per the contract terms. ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project but may be required depending on circumstances that may arise during the execution of this project. Additional services may include, but not be limited to the following: • Environmental Services (surface water impacts, gopher tortoise relocation, etc.) • Construction Services • Design of the RNG or evaporation system projects • Design of any dehydration equipment or chiller skid slab 146 EXHIBIT C TIME SCHEDULE Design of the project will be completed within 4 months of receipt of Notice to Proceed. Advertisement of bid will be dependent upon the Procurement Department's workload. Bids will be received 30 days from advertisement. The Consultant will review bids and provide a recommendation of award within 15 days of bid opening. 147 Page 8 of 8 Attachment 1 IRC— Professional Services October 4, 2021 Jill Grimaldi, BCES Kimley-Horn 445 24th Street, Ste # 200 Vero Beach, FL - 32960 Subject: Proposal to Provide Engineering Design Services for a New LFG, Blower Flare Skid at Indian River County Landfill, Vero Beach, Florida. Dear Mr. Mehta: Provided herein is Biogas Engineering's (BGE's) proposal to provide engineering design, project management and Owner's Engineer (OE) services for the proposed blower flare skid replacement and leachate evaporation projects at the Indian River County Landfill (Landfill). The Landfill is owned by the Indian River County Solid Waste Disposal District (IRC) and Kimley- Horn (Prime) is retained by the IRC to provide professional services.to the IRC. BGE will be working as a subcontractor to the Kimley-Horn to perform this work. It is our understanding that IRC is working with Heartland Water Technology (Heartland), which is providing a turnkey solution for design'and installation of a leachate evaporation facility. (Heartland Facility) utilizing landfill gas (LFG) as a heat source to evaporate the leachate generated at the Landfill. IRC will also be selling LFG to the Indian River Eco District (IRED) for their future renewable natural gas (RNG) Facility (IRED Facility). Hartland Facility require LFG to be pressurized and dried (moisture removed). Currently, only the engineering design of the new BFS is being funded as Phase I of the project. Additionally, BGE has been asked to provide engineering design and project management services to ensure the Heartland Facility can be seamlessly integrated with the new BFS. The Heartland Facility will be located within the landfill property which is located at 1325 74th Ave SW, Vero Beach, FL 32960. The success of the Heartland Facility will be dependent on successful integration with the Landfill's existing LFG collection and control system (GCCS). IRC has decided to install a new BFS which to provide reliable vacuum to the wellfield and ensure continuous delivery of dry, pressurized LFG to the Heartland and IRED Facilities. OVERVIEW OF THE LEACHATE EVAPORATION PROJECT The intent of the evaporation project is to take the leachate from the Landfill and evaporate it using LFG as a fuel, instead of hauling the I'eachate off site for treatment and disposal. The Heartland Facility will utilize LFG, if adequate supply is available, or natural gas from a nearby public utility gas line (Florida City Gas), or both, as the fuel source(s) for the system. The Heartland Facility will have two incoming pipelines -- the LFG line and the liquid leachate line. It is our understanding that the leachate line is already being installed by IRC. BGE has been asked to provide an engineering proposal to design both the new BFS and a trench (to carry LFG and any required service connections, e.g., pressurized air, communications cable etc.) for the Heartland Facility - 148 BIOGAS ENGINEERING 1 +1 (562)786-5656 IRC— Professional Services Provided below is the detailed scope of work SCOPE OF WORK The scope of work within this proposal is divided into the following tasks. TASK 1: New Blower Flare Skid Design — Phase 1 As mentioned previously, the IRC county plans on replacing the existing blower flare skid with a new BFS which can produce the pressure required by the Heartland and IRED Facilities and providing them conditioned LFG which is free of moisture. It is our understanding that IRC and IRED and planning on jointly funding the engineering design, procurement, and construction of the new BFS. Currently, only the engineering design phase (Phase 1) of the project is being funded. Under this task, BGE will work with IRC, Heartland representatives to determine the ideal design for the integration of the BFS and controls communication between the LFG and the Heartland systems. This BFS will be designed to automatically adjust to account for changes at the Landfill and at Heartland's operations. To achieve this the design will likely require multiple sensors, modulating valves and utilization of a variable frequency drive (VFD) to maintain steady state operations and limit shutdowns on both systems. As mentioned above, the BFS design will include a new control panel which will be able to read inputs and control the necessary valves and blower settings at the desired frequency (for controlling the speed of the blowers). The BGE team will perform the following activities under this task: • Engage BGE's design engineering team to work with Heartland controls engineering team for the integration of the project; • Review design basis requirements from the Heartland team to specify a new high pressure blower flare skid; • Review Heartland's control strategy and provide input as necessary to protect IRC's interests and to successfully integrate the Heartland system with the new control panel. • Once the operational requirements for both systems are confirmed, prepare a design basis for all parties to review and approve prior to proceeding with the design; • Once the design basis has been approved, prepare detailed engineering design drawings in order to procure and construct a new BFS; and • Under the design package of a new BFS, the following drawings will be provided o P&ID; o Process flow diagram including high pressure blowers; o Detailed mechanical drawings for the blower system; o Structural drawings as necessary to support new installation; o Electrical drawings incorporating design for BFS equipment (aftercooler, chiller and heat exchangers); o A complete set of construction drawings for the procurement and construction of the new BFS; and o Controls integration and network drawings for the integration of the Heartland Facility. 149 BIOGAS ENGINEERING 2 www.biogaseng.com +1 (562)786-5656 IRC— Professional Services o Material and construction specifications as necessary for the fabrication of the BFS and construction of the project. It is our understanding that the current structural pad might be adequate for the proposed installation and no Civil improvements will be required, however, if additional pad footprint is required to house new BFS, we will rely on Kimley-Horn to provide following items • Topographic survey drawings; • Geotechnical. report (if necessary); • Civil drawings including grading and drainage drawings; • Structural drawings for the pad design; an. • Permitting assistance to get local building permits; It is our understanding that these items will be billed to IRC separately outside the scope and cost identified in this proposal. We propose a lump sum cost of $92,100 for the engineering design of the BFS. This will be billed on the following schedule: • 10% at the issue of request for information; • 30% at 30% design completion phase (basis of design); • 30% at completion of 60% design; • 25% at the completion of 90% design; and • 5% at the delivery of final Issued -for -Construction Drawings This cost excludes any travel expenses, which will be billed per the attached rate schedule. At this point, we anticipated two trips (two personnel crew) and an expected expense of about $8,000. Expenses Will be billed monthly as the cost is incurred. We propose a total budget of $100,100 for this task. TASK 2: BFS Design Related Project Management and Procurement Services Under this task, BGE will prepare a separate package to receive bids for the procurement and construction of the blower flare skid. Provided below is the list of activities covered under this task. • Conduct bidding for the procurement and installation upgrades. • Hold pre-bid meeting with the perspective bidders and provide project information • Answer contractors' questions pertaining to the design. • Prepare bid comparison spreadsheet and present to the client for review • Hold bid review call and provide recommendation for the selection of the contractor We propose a lump sum cost of $20,200 for this task. This task will be billed on an agreed upon percent completion basis at the end of each month. TASK 3: Utility Trench, Engineering Design Under Task 2, BGE will work with Kimley-Horn (Prime, Client) to design the utility trench between the New BFS and Heartland Facility. BGE will design a common utility trench which will houI O BIOGAS ENGINEERING 3 www.biogaseng.com +1 (562)786-5656 IRC— Professional Services • LFG transmission line from BFS to the Heartland Facility; • Compressed air line for pneumatic valves and pumps (if required); • Prepare material and construction specifications as necessary for the installation of the utility trench; • Any other future lines required by IRC; and • Any control conduits required to communicate between new BFS and Heartland Facility; and Under this task, BGE team will design the trench detail, pipe sizes, conduit sizes etc. and will rely on Kimley-Horn to perform the survey of the site and prepare the trench alignment drawings which will also address the traffic requirements to keep landfill operations going without interruption. BGE will review the design drawings once the design is complete. We propose a lump sum estimate of $21,800 for the design and engineering of the transmission lines and associated utilities. This will be billed on the following schedule: • 20% at the issue of request for information; • 60% at 60% design completion phase (alignment); • 20% upon the completion of the draft design drawings. This cost does not anticipate a separate travel will be required to complete this task, therefore, no travel expenses are included in this task. TASK 4: Utility Trench Related Project Management and Procurement Services Under this task, BGE will prepare a separate package to receive bids for the procurement and construction of the Utility Trench. Provided below is the list of activities covered under this task. • Conduct bidding for the alignment of the trench. • Hold pre-bid meeting with the perspective bidders and provide project information • Answer contractors' questions pertaining to the design. • Prepare bid comparison spreadsheet and present to the client for review • Hold bid review call and provide recommendation for.the selection of the contractor We propose a lump sum cost of $15,300 for this task. This task will be billed on an agreed upon percent completion basis at the end of each month. TASK 5: Hartland Related Owner's Engineer and PM Services BGE will work closely with IRC and Heartland to review the overall design, equipment specifications and construction plan of the Heartland Facility. As the owner's engineer (OE) and project manager, BGE will review the details of the system integration between the Heartland Facility equipment and the Client's proposed landfill assets. BGE will perform the following activities under this task: 151 BIOGAS ENGINEERING 4 www.biogaseng.com +1 (562)786-5656 IRC— Professional Services • Allocate and assign key engineering resources (such as controls, mechanical, and process engineers) as necessary to support the project during critical design review stages; • Review detailed drawings, calculations and other information submitted by the Heartland engineering. team. These include natural gas and LFG piping designs, mechanical piping drawings, electrical and controls designs for valves, instruments and other electrical equipment that could affect the Client's Landfill assets. • Review the master project schedule and provide comments to the Client regarding risks in achieving critical milestones by the developer. Please note that to do this, BGE will request monthly schedule updates from Heartland and provide comments as necessary. • As the OE, BGE will monitor the engineering and coordination performed by developer/contractor of the facility.. • As the OE, BGE will review all design and equipment specifications regarding the integration of piping with the Client landfill system. • Perform site visits if necessary. We propose a lump sum of $19,400 for this task. This task will be billed at the end of each on an percent completion basis at the end of each month. We will allocate resources as necessary to support project progress. Any travel expenses will be billed per the attached rate schedule as well. This cost estimate is based on our project understanding at this time, BGE will inform the Client if additional budget is necessary to support ongoing activities. COST SUMMARY Provided below is the summary of the costs proposed in this proposal. We propose a total cost of $176,800 for the project, which will be.billed per the payment scheduled described above. We propose a net 30 payment terms from the date of the invoice. EXCEPTIONS The following items are excluded from this scope of work: • Review of environmental impact assessments or traffic studies and reports; • Design to provide any service connections to the site (electrical, natural gas, communication, etc.); • Site visits in addition to what is covered under this proposal; 152 BIOGAS ENGINEERING 5 www.biogaseng.com +1 (562)786-5656 Task Detail Type Cost 1 New Blower Flare Skid Design — Phase 1 Engineering Design LS $92,100 Expenses T&M $8,000 2 1 BFS Design Related PM and Procurement Services LS $20,200 3 Utility Trench Engineering Design LS $21,800 4 Utility Trench Related PM and Procurement Services LS $15,300 5 Heartland Related OE and PM Services LS $19,400 Total: $176,800.00 We propose a total cost of $176,800 for the project, which will be.billed per the payment scheduled described above. We propose a net 30 payment terms from the date of the invoice. EXCEPTIONS The following items are excluded from this scope of work: • Review of environmental impact assessments or traffic studies and reports; • Design to provide any service connections to the site (electrical, natural gas, communication, etc.); • Site visits in addition to what is covered under this proposal; 152 BIOGAS ENGINEERING 5 www.biogaseng.com +1 (562)786-5656 IRC— Professional Services • Permitting (or any permit fees) of any kind is excluded unless requested by IRC in writing; • Site surveys, geotechnical exploration and utility location services; we understand this will be made available to BGE prior to the start of the project (performed by Kimley-Horn); • Construction support during installation. This service can be offered if requested by IRC; and • Any items or work which are not clearly stated or identified in this document. CLOSING We are excited about this opportunity and are looking forward to assisting IRC on this project. Should you have any questions, please do not hesitate to contact me. Sincerely, &0J. Gautam Arora, PE President Si®GAS ENGINEERING 153 BIOGAS ENGINEERING 6 www.biogaseng.com +1 (562)786-5656 IRC— Professional Services APPENDIX A BIOGAS ENGINEERING 2021 Hourly Rate Schedule Principal-------------------------------------------------------------------- 230 Project/Technical Director$210 --------------------------------------------------- Sr. Process Engineer/Sr. Controls Engineer_______________ ---------------------- $190 Project Manager/Lead Engineer ------- --------------------------------------- $180 Project Engineer------------------------------------------------------------$175 Process Engineer/ Controls Engineer____________ --------_---------------------- $165 Construction Supervisor/Manager______________________ $140 Autocad Designer/Drafter--- ------------------------------------------------- $115 Field Technician________-------------------------------------- ----- _--------- $145 Admin------------------------------------- ---------------------------------$80 General Terms 1. 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O _. n = rr vi n r+ c n fD O 3 r+ p n rr c o ID Q Q -* D m � -I E 0) �_ n = Z (D rD O Z c c G) -0 0 r ` w r+ Co � vrD o Q fD Z z Z v, Gl r+ — m n T O O a. c W p c Q o ° c --13 �+ r+ o' r+ o' rD rD kA =3o 3 3 n O N W 0 LA N -9:1 c w 3 l0 � O O 1 kz_ �- , A i -is ll 46,5�17 -wi 1-585 MEMORANDUM TO: Board of County Commissioners for the Solid Waste Disposal District FROM: Dylan Reingold, County Attorney DATE: September 27, 2021 SUBJECT: Florida Department of Transportation Property Acquisition The interchange at I-95 and Oslo Road is the MPO's top-ranked State Strategic Intermodal System priority. The construction of the interchange is programmed for FY 25/26. As part of that project, the Florida Department of Transportation ("FDOT") needs to acquire fee simple ownership of 0.428 acres along Oslo Road east of 82nd Avenue from the Solid Waste Disposal District ("SWDD") (noted as parcel 109). FDOT has offered $47,800, or over $111,000 per acre for the parcel. FDOT is also seeking to acquire a temporary construction easement of 0.0288 acres along Oslo Road (noted as parcel 702) for $460. FDOT has submitted an appraisal indicating that Parcel 109 has an estimated market value of $47,800 and Parcel 702 has an estimated market value of $460. Finally, FDOT has requested a license on the south side of the new Oslo Road reconstruction and is needed to harmonize and reconnect the SWDD property with the new highway improvements due to the topography in the area (noted as parcel 903). The County Attorney's Office recommends that the Board accept the offer, approve the resolutions, and authorize the chair to execute any and all documents necessary to effectuate the transaction. FUNDING. Revenue received from the sale and temporary construction easement in the amount of $48,260 will be deposited into the following SWDD revenue accounts. Account Number Descri tion Amount 411038-364043 SWDD/Gain-Sale of Fixed Assets $47,800 411038-369900 SWDD/Miscellaneous.Revenue $460 155 Board of County Commissioners September 27, 2021 Page 2 RECOMMENDATION. The County Attorney's. Office recommends that the Board accept the offer, approve the resolutions, and authorize the chair to execute any and all documents necessary to effectuate the transaction. ATTACHMENTS. Resolutions Right of Way Map 156 03-BSD.04-07/18 This instrument prepared under the direction of: Elizabeth S. Quintana, Esq. c-54 District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide, P.S.M. 05-03-2021 Parcel No. Document prepared by: Item/Segment No. Diana Helmer 09-29-2021 Section: Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. 3400 W. Commercial Boulevard . County: Fort Lauderdale, Florida 33309 RESOLUTION 109.2R(09-29-2021) 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River ON MOTION of Commissioner of INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida ("IRCSWDD") , seconded by Commissioner , the following Resolution was adopted: This Resolution to be effective immediately upon adoption. This Resolution duly adopted this 12th day of October, 2021. WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 606 Oslo Road/9th Street SWI, F.P. No. 4130482, Section 88601-2500, in Indian River County, Florida: and WHEREAS, it is necessary that certain lands now owned by IRCSWDD, be acquired by the State of Florida Department of Transportation: and WHEREAS, said property is not needed for IRCSWDD purposes (said property more particularly described in the legal description attached hereto as Exhibit "A"): and WHEREAS, the State of Florida Department of Transportation has made application to said IRCSWDD to execute and deliver to the State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest that said IRCSWDD has in and to said lands required for transportation purposes, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners .of IRCSWDD, that the application of the State of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which are in the public or community interest and for public welfare and the land needed for transportation purposes is not needed for county purposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of IRCSWDD, in and to said lands should be drawn and executed by this Board of Commissioners. Consideration shall be Page 1 of 5 157 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing resolution was moved for adoption by Commissioner , seconded by Commissioner I , and adopted by the following vote: Chairman, Joseph E. Flescher Vice -Chairman, Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 12th day of October, 2021. . ATTEST: Jeffrey R. Smith, Clerk Of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman EXHIBIT "A". Page 2 of 5 158 LEGAL DESCRIPTION Parcel No. 109 F.P. No. 4130482 A portion of Tract 4, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, as shown on Sheet 5 of the Florida. Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at a 100D nail (No ID), found marking the Northwest Corner of said Section 25, being a point on the Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence South 89°39'17" East along said Baseline of Survey and said Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 30.00 feet; thence South 00°21'58" West, a distance of 30.00 feet to a point on the Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence South 89'39'17" East along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub - Lateral C-4 Canal, a distance of 470.00 feet to the POINT OF BEGINNING; thence South 00021158" West, a distance of 25.70 feet to the beginning of the New Limited Access Right of Way line of State Road 9 (I-95); thence along said New Limited Access Right of Way line for the next four (4) courses: (1) North.88°03' 17" East, a distance of 378.52 feet; thence (2) South 89'39'17" East, a distance of 248.34 feet; thence (3) North 89°45'51" East, a distance of 51.66 feet; thence (4) North 00°20'43" East, a distance of 10.05 feet to a point on said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence North 89'39'17" West along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal, a distance of 678.21 feet to the POINT OF BEGINNING. Containing 10,020 square feet, more or less. AND Together with all rights of ingress, egress, light, air, and view between portions of Tracts 3 and 4, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheet 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500 and any facility constructed along the following described line: Commence at a 1001) nail (No ID), found marking the Northwest Corner of said Section 25, being a point on the Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence South 89°39'17" East along said Baseline of Survey and said Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 30.00 feet; thence South 00°21'58" West, a distance of 30.00 feet to a point on the Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence South 89'39'17" East along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub - Lateral C-4 Canal, a distance of a distance 470.00 feet; thence South 00°21'58" West, a distance of 25.70 feet to the BEGINNING of the New Limited Access Right of Way line of State Road 9 (I-95); thence continue along said New Limited Access Right of Way line of State Road 9 (I-95) for the next five (5) Page 3 of 5 159 courses: (1) North 88'03'17" East, a distance of 378.52 feet; thence (2) South 89'39'17" East, a distance of 248.34 feet; thence (3) North 89°45'51" East, a distance of 51.66 feet; thence (4) North 00°20'43" East, a distance of 10.05 "feet to a point on said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence (5) South 89'39'17" East along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal, a distance of 430.28 feet to the END of said New Limited Access Right of Way line of State Road 9 (I-95). Together with all rights of ingress, egress, light, air, and view between a portion of the Northwest One - Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 4, 5, and 7 of the Florida Department of Transportation Right of Way Map for Item/SegmentNo. 4130482, Section 88601-2500 and any facility constructed along the following described line: Commence at a 100D nail (No ID), found marking the Northwest Corner of said Section 25, being a point on the Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence South 89°39'17" East along said Baseline of Survey and said Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 30.00 feet to a point on a line 30.00 feet East of and parallel to the West line of said Northwest One -Quarter (NW 1/4) of Section 25; thence South 00°21'58" West along said parallel line, a distance of 300.00 feet to the BEGINNING of the New Limited Access Right of Way line of State Road 9 (I-95); thence continue South 00°21'58" West along said parallel line, a distance of 1,906.52 feet to the END of said New Limited Access Right of Way line of State Road 9 (I-95). \I. �ll7i A portion of Tract 5, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, as shown on Sheet 7 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at the West One -Quarter (W 1/4) Corner of said Section 25; thence South 89°41'08" East along the South line of said Northwest One -Quarter (NW 1/4) of Section 25, a distance of 207.83 feet to a point on the Easterly Existing Limited Access Right of Way line of State Road 9 (I-95); thence North 25°10'44" West along said Easterly Existing Limited Access Right of Way line of State Road 9 (I-95), a distance of 33.24 feet to a point on the Northerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-5 Canal and the beginning of the New Limited Access Right of Way line of said State Road 9 (I-95) and the POINT OF BEGINNING; thence continue along said New Limited Access Right of Way line of State Road 9 (I-95) for the next three (3) courses: (1) South 89°41'08" East, a distance of 13.29 feet; thence (2) North 25°10'44" West, a distance of 101.28 feet; thence (3) North 21°10'44" West, a distance of 362.50 feet to the end of said New Limited Access Right of Way line of State Road 9 (I-95); thence South 00°21'58" West, a distance of 86.47 feet to a point on said Easterly Existing Limited Access Right of Way line of State Road 9 (I-95); thence South 25°10'44" East along said Easterly Existing Limited Access Right of Way line of State Road 9 (I-95), a distance of 379.16 feet to the POINT OF BEGINNING. Page 4 of 5 160 Containing 8,638 square feet, more or less. All together containing 18,658 square feet, more or less. Together with all rights of access, ingress, egress, light, air, and view :between the grantor's remaining property and any facility constructed on the above described property. Page 5 of 5 161 08 -TE. 12-07/18 This instrument prepared under the direction of: Elizabeth S. Ouintana, Esg. =: District Four Assistant General Counsel Legal Description prepared by: Jeffrey D. Smith, P.S.M. 04-22-2019 Parcel No. Document prepared by: Item/Segment No. Diana Helmer 09-29-2021 Section: Florida Department of Transportation . Managing District: Right of Way Production Services S.R. No. 3400 W. Commercial Boulevard County:. Fort Lauderdale, Florida 33309 RESOLUTION 702.2R 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River ON MOTION of Commissioner of INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida ("IRCSWDD") , seconded by Commissioner of , the following Resolution was adopted: This Resolution to be effective immediately upon adoption. This Resolution duly adopted this 12th day of October, 2021. WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 606 (Oslo Road/9th Street SW), F.P. No. 4130482, Section 88601-2500, in Indian River County, Florida: and WHEREAS, it is necessary that certain lands now owned by IRCSWDD, Florida, be used temporarily by the State of Florida Department of Transportation: and WHEREAS, said temporary use of the property is in the best interest of the IRCSWDD (said property more particularly described in the legal description attached hereto as Exhibit "A"): and WHEREAS, the State of Florida Department of Transportation has made application to said IRCSWDD to execute and deliver to the State of Florida Department of Transportation a temporary easement, or easements, in favor of the State of Florida Department of Transportation, for the purpose of grading, sloping, tying in, reconnecting and harmonizing existing features, etc., together with the right of access, ingress and egress, along with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department, in County Road 606 (Oslo Road/ 9th Street SW), adjacent thereto, and said request having been duly considered. Page 1 of 3 162 NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of IRCSWDD, that the application of the State of Florida Department of Transportation for a temporary easement, or easements, is for transportation purposes which are in the public or community interest and for public welfare; that a temporary easement, or easements, in favor of the State of Florida Department of Transportation, in Indian River County, Florida, should be drawn and executed by this Board of County Commissioners. Consideration shall be $ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY. OF INDIAN RIVER. The foregoing resolution was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: 2021. Chairman, Joseph E. Flescher Vice -Chairman, Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 12th day of October, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk Of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney Page 2 of 3 163 EXHIBIT "A" LEGAL DESCRIPTION Parcel No. 702 F.P. No. 4130482 A portion of Tract 3, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records.of St. Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (NW 1/4) of Section. 25, Township 33 South, Range 38 East, said portion lying Southerly of and adjacent to the Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal, extending Southerly no more than 25.00 feet between the Baseline of Survey Stations 100+49.68 and 100+99.83, as shown on Sheet 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500. Containing 1,254 square feet, more or less. Page 3 of 3 164 09 -LA. 12-07/18 This instrument prepared under the direction of- fElizabeth ElizabethS. Ouintana, Esq. 4= District Four Assistant General Counsel Legal Description prepared by: Jeffrey D. Smith, P.S.M. (08-15-2019) Parcel No. Document prepared by: Item/Segment No. Diana Helmer 09-29-2021 Section: Florida Department of Transportation Managing District: Right of Way Production Services S.R. No. . 3400 W. Commercial Boulevard County: Fort Lauderdale, Florida 33309 RESOLUTION 903.2R 4130482 88601-2500 04 606 (Oslo Road/9th Street SW) Indian River ON MOTION of Commissioner INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida ("IRCSWDD") seconded by Commissioner , the following Resolution was adopted: This Resolution to be effective immediately upon adoption. This Resolution duly adopted this 12th day of October, 2021. WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 606 (Oslo Road/9th Street SW), F.P. No. 4130482, Section 88601-2500, in Indian River County, Florida: and WHEREAS, it is necessary that certain lands now owned by IRCSWDD, Florida, be used temporarily by the State of Florida Department of Transportation: and WHEREAS, said temporary use of the property is in the best interest of the IRCSWDD (said property more particularly described in the legal description attached hereto as Exhibit "A"): and WHEREAS, the State of Florida Department of Transportation has made application to said IRCSWDD to execute and deliver to the State of Florida Department of Transportation a license, in favor of the State of Florida, for the purpose of sloping, grading, tying in, harmonizing and reconnecting existing features of the Licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto during the period beginning with the date first above written and continuing until completion of the transportation project, but not later than the last day of July 2029, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of IRCSWDD, that the application of the State of Florida Department of Transportation for a license are for transportation purposes which are in the public or community interest and for public welfare; that a license, in favor of the State of Florida; in Indian River County, should be drawn and executed by this Board of Commissioners. Consideration shall be $ Page 1 of 3 165 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing resolution was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman, Joseph E. Flescher Vice -Chairman, Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman . Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 12th day of October, 2021. ATTEST: Jeffrey R. Smith, Clerk Of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Page 2 of 3 166 EXHIBIT "A" , LEGAL DESCRIPTION Parcel No. 903 F.P. No. 4130482 A portion of Tracts 3 and 4, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (N.W. 1/4) of Section 25, Township 33 South, Range 38 East, said portion lying Southerly of and adjacent to the Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal, extending Southerly no more than 25.00 feet between the Baseline of Survey Stations 95+04.72 and 100+49.68, as shown on Sheet 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500. 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