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HomeMy WebLinkAbout11/09/2021 (3)a/�vER c\ COUNTY COMMISSIONERS Chairman, Joseph E. Flescher, District 2 Vice Chairman, Peter D. O'Bryan, District 4 Commissioner Susan Adams, District 1 Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 9,2021 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller This meeting can be attended virtually via Zoom. Instructions can be found included with 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 2.11. INVOCATION Rabbi Michael Birnholz, Temple Beth Shalom 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating November 11th, 2021, as Veterans Day Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION November 9, 2021 Page 1 of 7 7.A. Proclamation Honoring James Patterson on His Retirement From Indian River County Board of County Commissioners Department of Public Works Road & Bridge Division with Thirty -Two Years of Service Attachments: Proclamation 7.B. Proclamation for Wayne Bibeau on his Retirement from the Property Appraiser's Office After Thirty Five Years of Public Service Attachments: Proclamation Wayne Bibeau 7.C. 4th Quarter FY 2020/2021 Budget Report Attachments: Staff Report 4th Quarter Budget Report 7.D. Affordable Housing Advisory Committee Vacancy Attachments: Staff Report Resignation (AHAC) - Mark Seeberg 7.E. Affordable Housing Advisory Ccmmittee Vacancy Attachments: Staff Report Resignation (AHAC) - Sheryl Vittitoe 7.F. Florida Public Service Commission Final Order PSC-2020-0409-FOF-EI granting FPL and FCG approval for authority to issue and sell securities; FPL and FCG to file a consummation report within 90 days of the end of any fiscal year in which it issues any securities; docket to remain open to monitor the issuance and/or sale of securities until FPL and FCG submit and staff has reviewed the consummation report; docket to be closed administratively, a copy is on file in the Clerk to the Board Office. 8. CONSENT AGENDA 8.A. Sebastian Inlet Technical Advisory Committee Assistance, APTIM Work Order No. 2018008-03 Attachments: Staff Report APTIM Work Order No. 2018008-3 Work Order No. 2018008-3 execution form 8.B. TD Bank - Banking Services Agreement Renewal Attachments: Finance Department Staff Report TD Bank Contra --t Renewal November 9, 2021 Page 2 of 7 8.C. Agreement with USDA -APHIS Wildlife Services Attachments: Staff Report Predation Map Frequency of Predated Nests Agreement 8.1). NexusWorx - Fiber Documentation System - Project Phase -3 Attachments: Staff Report NexusWorx Phase 3 - Byers Engineering Inc. Proposal NexusWorx Phase 3 - Gerelcom Inc. Proposal 8.E. One-year extension of agreement between Indian River County (IRC) and AT&T Attachments: Staff Report Contract Extension for E911 & PSAP Svcs Contract Extension for Centrex Svcs Sebastian Contract Extension for Centrex & PRI Svcs VB 8.F. DISH Network Cell Site Lease Agreement Attachments: Staff Report Lease Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Supervisor of Elections Leslie Rossway Swan re: Annual Fiscal Report for the Year Ended September 30, 2021 Attachments: Excess Fee Refund Supervisor of Elections 9.13. Indian River County Clerk of Circuit Court & Comptroller Jeffrey R. Smith re: Annual Report and Excess Fees for the Year Ended September 30, 2021 Attachments: Excess Fees Report Clerk of Court 9.C. Indian River County Tax Collector Carole Jean Jordan re: Annual Fiscal Report for the Year Ended September 30, 2021 Attachments: Annual Fiscal Report Tax Collector Excess Fee Repert Tax Collector 9.D. Indian River County Sheriff Eric Flowers re: Annual Fiscal Report for the Year Ended September 30, 2021 Attachments: Reversion Fees IRSO 9.E. Indian River County Property Appraiser Wesley Davis re: Annual Fiscal Report for the Year Ended September 30, 2021 Attachments: Annual Report Property Appraiser November 9, 2021 Page 3 of 7 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Public Hearing and Discussion of 2021 Redistricting of County Commissioner Districts Attachments: Staff Report IRC Redistricting Proposed Plan 1b IRC Redistricting Proposed Plan lb Overlay Existing 10.A.2. Miscellaneous Budget Amendment 012 Attachments: Staff Report Resolution Exhibit "A" NOTICE OF PUBLIC HEARING Florida Statute B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 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 12.11.1. Resolution to Adopt Water, Sewer, and Reclaimed Rates, Fees, and Other Charges Attachments: Staff Report Schedule of Water and Sewer Rates Fees Proposed resolution Comparison of existing versus new rates 13. COUNTY ATTORNEY MATTERS November 9, 2021 Page 4 of 7 13.A. Solar Facilities Land Development Regulation Attachments: Staff Report 13.B. Chapter 164 Mediation Update Attachments: Staff Report 10.25.21 Ltr fm COVB - Com Flescher 10.27.21 Emal fm Dylan Reingold to John Turner 13.C. Affordable Housing Advisory Committee Alternate Attachments: Staff Report 13.1). Affordable Housing Advisory Committee Appointment - Not -for -Profit Provider of Affordable Housing Attachments: Staff Report 13.E. Affordable Housing Advisory Committee Appointment - citizen who is a real estate professional in connection with affordable housing Attachments: Staff Report Resume - Kenneth (Chip) Landers 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman 14.A.1. Discussion on Indian River County Joining the Small County Coalition Attachments: Commissioner's Memo Letter from SCC SCC Membership Designation Form B. Commissioner Peter D. O'Bryan, Vice Chairman 14.B.1. FAU Harbor Branch Oceanographic Institute's 50th Anniversary Attachments: Commissioner's Memorandum Email from FAU Harbor Branch Oceanograpic Institute Harbor Branch 50th Events Harbor Branch Reply Harbor Branch Sponsorship Brochure C. Commissioner Susan Adams 14.C.1. Proposed Broadband Resolution Attachments: Commissioner's Memorandum Sample Broadband Resolution November 9, 2021 Page 5 of 7 D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.11.1. Approval of Budget Workshop Minutes July 14, 2021 15.B.2. Approval of Minutes Preliminary Budget Hearing of September 15, 2021 15.B.3. Approval of Minutes Final Badget Hearing of September 22, 2021 15.B.4. Approval for Sale of SWDD Property to MWI Attachments: Staff Report Letter from MWI - March 24 2021 Letter from MWI - July 19 2021 Agreement to Purchase and Sell Real Estate 15.B.5. Amendment No. 3 to Sitecrafters of Florida Attachments: Staff Report Amendment No 3 to Sitecrafters of Florida Inc Letter from Sitecrafters C. Environmental Control Board 16. ADJOURNMENT November 9, 2021 Page 6 of 7 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.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 S: 00 p.m., Thursday at 1: 00 p.m. through Friday Morning, and Saturday at 12:00 Noon to S: 00 p.m. November 9, 2021 Page 7 of 7 6; A PROCLAMATION DESIGNATING NOVEMBER 11th, 2021, AS VETERANS DAY WHEREAS, on May 13th, 1938, Congress approved an Act establishing November 11 th as Armistice Day, commemorating the end of World War I and paying tribute to the heroes of that war; and WHEREAS, on June 1st, 1954, Congress changed the name of Armistice Day to Veterans Day in order to honor all of America's war veterans, who have contributed so much to the preservation of our Nation; and WHEREAS, over 15,000 veterans of all wars presently reside in Indian River County; and WHEREAS, individually and collectively, the veterans of Indian River County directly contribute to the betterment of the social, cultural, and economic lives of our residents; and WHEREAS, the Indian River County Veterans Council, consisting of representatives from 25 city and county veterans organizations, annually observe Veterans Day by holding ceremonies throughout the county; and WHEREAS, Indian River County and its citizens have established Veterans Memorial Island Sanctuary as a place to commemorate veterans of all wars. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that November 11th, 2021, is designated as Veterans Day, and the Board encourages all citizens to honor our veterans -- living and deceased -- by attending one of the Veterans Day services offered at Veterans Memorial Island Sanctuary or elsewhere within the county. Adopted this 9th day of November, 2021. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Joseph H. Earman Laura Moss /1 - PROCLAMATION HONORING JAMES PATTERSON ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS/ROAD & BRIDGE DIVISION WHEREAS, James Patterson retires from the Indian River County Department of Public Works, Road & Bridge Division effective November 30, 2021; and WHEREAS, James Patterson began his career with Indian River County, Road & Bridge Division on December 22, 1989, as a Maintenance Worker III. James Patterson was promoted shortly after on May 11, 1990, to a Motor Equipment Operator I. On March 27, 1992, James Patterson was then promoted to Heavy Equipment Operator I within the Road & Bridge Division, which is the position he continued in until his retirement; and WHEREAS, James Patterson served as an outstanding example of selfless service, gaining the respect and admiration of his colleagues and co-workers and the sincere gratitude of his fellow citizens. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds James Patterson's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last Thirty- two years! BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 9th day of November, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman 2 PROCLAMATION CELEBRATING WAYNE BIBEAU ON HIS THIRTY- FIVE YEARS OF PUBLIC SERVICE WHEREAS, Wayne Bibeau began his career as Commercial Appraiser with the Palm Beach County Property Appraiser's Office on December 8, 1983; and, WHEREAS, Wayne earned the designation of Certified Florida Evaluator on January 1, 1986; and, WHEREAS, Wayne earned the designation of Accredited Senior Appraiser by the American Society of Appraisers on April 5, 1990; and, WHEREAS, Wayne earned the re -designation of Certified Florida Evaluator on July 1, 1996; and, WHEREAS, Wayne began his Commercial Appraiser work at Indian River County Property Appraiser's Office on January 6, 199; and, WHEREAS, Wayne earned his certified General Appraiser License on April 5, 2000; and WHEREAS, Wayne has been responsible for undertaking special projects and assignments for the benefit of the Property Appraiser's Office and Indian River County residents; and, WHEREAS, Wayne has served this County and Indian River County residents with distinction and selflessness. His 35 years of service, has gained him the respect and admiration of his colleagues and co-workers. NOW, THEREFORE, BE IT PROCLAIMED that the Board of County Commissioners and staff applauds WAYNE BIBEAU and extends their thanks for doing such a great job in his 35 years of public service as Deputy Property Appraiser and wishes him a happy and prosperous retirement. Adopted this 9th day of November, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Joe Earman Laura Moss 3 7.G. INFORMATIONAL ITEM Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: October 28, 2021 SUBJECT: 4th Quarter FY 2020/2021 Budget Report FROM: Kristin Daniels Budget Director, Office of Management & Budget Following is the quarterly report for the fourth quarter of fiscal year 2020/2021. 11 C44 0 ry < z Cq Ow cy RCN 0 CN 0 O�Ty 0 MIME w x All e d o a c c -p (D L o� r 0 } o a) p a) CL N OL U c oo p M �> p O O O N cl) �' 0 0 - `n N 'O D N 0 =p L } L O Q ae } ae } L O 0 0 0 o 0 0 o o r° v° o o _ ° `c M c 3 � 04 p. ll�C) O a a a) c O c` p U O rn O O N 0 O b'} Q O 1> O b4 a N e4 > a Q v efreN,E 0� } o O Q Q E a O d U p- D U ° � c o 0 o c p d a p c O c d o O o ri 0 c .6 c p d N p rn a) 6 v c: L a) a o a a) E Q- Q aai adi ap r1 o L > o >°� oN ;' ^ o o c c c Q3o �o 00 4 U a U N cy) x a) .Op W N Q Ncq p; Q� O O Q C .� O a) O FN O N C Ol O } Z N p O O L a L Lt,4 -0 pa a) I� co O O O 04 > j i � QNEO � 0) 0) c U N NO � b-, � � 6 .p Q LU Q L N N d O O U cl NNW ) O) t O) c U C a) Q N > NO U _ vo U E ` N 0 0070 n O � p U n' C > > O > d U E C >. bo 4 a) � a> M w co v� Q ) N oa) `o>OQ% 0 i rE O O Q Q _ -0 � QNaO TQ .0Q Q) 76p} a) a a OQ a 0U O WN U a x o C14 d 0)0 a E0 (D C�l O 0 O 0 O a) cE O' NN N a) m a CO >- Q a > a T Q C Q Q p QO Q 0 0 a a QD _0 o�> E a > E EU >O a E aa� o o ° o°p > E O O c UO U O �U } E O> p o N a cq N CC) N M V0 d C4 L O� CO M Lq N 10 O — O O Lo M 10 c0 Cl) Ln Ln 10 m 10 �rj oU •- M.� M .- -- ^ v cr 16 O N 00 N VU^_ 0 O ZV ^ O M N 10 r, 10 CD cl) coN co LON N u7 � _ v o M 'D a C � O n C a) O O ~ N C N E a U ' N O C LL C) y LL N Q LL x U a) O O C O V C O U U U U N U N o� u Q > o C) Q a p Q � c U U O Q U U Q U m p a p N p 0 d' 0 0 2 O = Z C� � O a m (D S vii vii ►'1 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 c 0 0 0 0 0 0 0 0 0 0 0 0 0 o S 0 0 0 o o O O o 0 0 0 0 o S o g g d off$ od obi od od o6 �c 0 0 0 0 0 0 0 � y m E Q -D V I, 'O 'O M O O 'O 8 N O '0 r- 00 U O O OD 'O O, _M N O N V� O, ODd' C h n IR P, � O W O O a OOP 000 N 'MV a M P� N M �O n h h M Iq N h P M M O. 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P �O N CO O^ O O co 10 O, n Lq n �O 64 b4 VT M M O Iq "t W) t (vj O N M � n O to -r t>g v> O N Lo M M .p O � P o: M v) b4 yr w Q LU C, Q Q z D-- O LU Q r- 0- U 0- w O w a U o 0 O O Cil) M O O N � V V N N O O MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 1, 2021 SUBJECT: Affordable Housing Advisory Committee Vacancy On October 11, 2021, Mark Seeberg's submitted his resignation as the "Real Estate Professional" representative. Mark Seeberg's term expires in January 2022. ATTACHMENT(S). Mark Seeberg's October 11, 2021 - Email Resignation 23 From: Mark Seeberg<markseebers@bhhsfloridarealty.net> Sent: Monday, October 11, 202111:21 PM To: Maura Stokes <mstokes@ircgov.com> Subject: Re: AHAC - Affordable Housing Advisory Committee CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Maura, I received another email asking whether I wis`ied to continue serving and that I would need to re- apply. I was not able to reply to that email. It has been a pleasure being a part of the AHAC for the past 15 years; however at this time, I am stepping down from this appointment. Thank you. Mark R. Seeberg, REALTOR Berkshire Hathaway HomeServices Florida Reclty Marksverobeach@gmail.com 24 7 -Ek MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 1, 2021 SUBJECT: Affordable Housing Advisory Committee Vacancy On October 26, 2021, Sheryl Vittitoe's submitted her resignation as the "citizen who is actively engaged as a not-for-profit provider of affordable housing" representative. Sheryl Vittitoe's term expires in January 2023. ATTACHMENT(S). Sheryl Vittitoe's October 26, 2021 - Email Resignation 25 From: Barbara Middleton <bmiddleton@irchabitat.org> Sent: Tuesday, October 26, 20213:18 PM To: John Stoll <istoll@ircgov.com> Cc: Martin Bireley <mbirelev@irchabitat.or>; Sheryl Vittitoe <svittitoe@irchabitat.org>; Barbara Middleton <bmiddleton@irchabitat.org> Subject: AHAC Committee CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Good afternoon, John — Attached please find an Indian River Habitat for Humanity memo from our Board Chair, Martin Bireley, regarding Sheryl Vittitoe' s upcoming resignation on Friday. I know that Sheryl is planning to attend tomorrow's AHAC committee meeting which will be her last. Please feel free to contact us if you have any questions. Best Regards, Barbara Barbara Middleton Director of Finance t 772-562-9860 ext. 206 a� www.ircHabitat.ora 0 o 0 0 0 Indian River �• Habitat for Humanity* JawrKeH $a 3&ARS 4568 N. US Hwy 1 • Vero Beach, FL 32967 26 A)o : �I/q/doal Jacqueline Rizzo Tr From: Commission Clerk<CommissionClerk@psc.state.fl.us> Sent: Monday, November 1, 2021 2:43 PM Subject: [External] FPSC E - service of Document NO. 12503-2021 in Docket 20210127 The document described below has been filed with the Florida Public Service Commission and issued by the Office of Commission Clerk. You are being provided this information electronically, because you are a party of record or an interested person in this docket. NOTICE: E-mail replies from this address are not monitored or read. Should you have any difficulty accessing this document, please forward this e-mail to Clerk apsc. statejl. us, explaining the problem and a Deputy Clerk will assist you. Please do not alter the subject line, as it is used for processing. DOCUMENT DESCRIPTION NO. 12503-2021 --Warning-- Final Order PSC-2020-0409-FOF-EI granting FPL and FCG approval for authority to issue and sell securities; FPL and FCG to file a consummation report within 90 days of the end of any fiscal year in which it issues any securities; docket to remain open to monitor the issuance and/or sale of securities until FPL and FCG submit and staff has reviewed the consummation report; docket to be closed administratively. '.Phis einail was sent to YOU by someone outside of the Clerk's Office. Beware that any link or attachme:at that you open may, cause harm to the organization and Should be handled. with extreme caution. --Warning-- FlIe.l 1oi FILED 11/112021' DOCUMENT NO, 12503-2021; FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Application for authority to issue and sell DOCKET NO. 20210127 -EI securities during calendar years 2022 and ORDER NO. PSC-2021-0409-FOF-EI 2023, pursuant to Section 366.04, F.S., and ISSUED: November 1, 2021 Chapter 25-8, F.A.C., by Florida Power & Light Company and Florida City Gas. The following Commissioners participated in the disposition of this matter: GARY F. CLARK, Chairman ART GRAHAM ANDREW GILES FAY MIKE LA ROSA GABRIELLA PASSIDOMO FINAL ORDER GRANTING FLORIDA POWER & LIGHT COMPANY AND FLORIDA CITY GAS APPROVAL FOR AUTHORITY TO ISSUE AND SELL SECURITIES BY THE COMMISSION: Florida Power & Light Company (FPL or Company), representing the merged and consolidated operations of Gulf Power Company (Gulf), and Florida City Gas (FCG), filed an application with this Commission on August 2, 2021, pursuant to Section 366.04, Florida Statutes (F.S.), and Chapter 25-8, Florida Administrative Code (F.A.C.), requesting: (a) authority for FPL to issue and sell and/or exchange any combination of long-term debt and equity securities and/or to assume liabilities or obligations as guarantor, endorser or surety in an aggregate amount not to exceed $7.85 billion during calendar year 2022; (b) authority for FPL to issue and sell short-term securities in an amount or amounts such that the aggregate principal amount of short-term securities outstanding at the time of and including any such sale shall not exceed $4.9 billion during calendar years 2022 and 2023; (c) authority for FCG to make long- term borrowings from FPL in an aggregate principal amount not to exceed $300 million during calendar year 2022; and (d) authority for FCG to make short-term borrowings from FPL in an aggregate principal amount not to exceed $150 million at any one time during calendar years 2022 and 2023. Notice of the Applicants' application was given in the Florida Administrative Register on October 4, 2021. Zo - z ORDER NO. PSC-2021-0409-FOF-El DOCKET NO. 20210127 -El PAGE 2 I. Proposed Transactions FPL and FCG seek authority for the following: • FPL to (i) issue and sell and/or exchange any combination of the long-term debt and equity securities described below and/or to assume liabilities or obligations as guarantor, endorser or surety in an aggregate amount not to exc--ed $7.85 billion during calendar year 2022 and (ii) issue and sell short-term securities during calendar years 2022 and 2023 in an amount or amounts such that the aggregate principal amount of short-term securities outstanding at the time of and including any such sale shall not exceed $4.9 billion. • FCG to make (i) long-term borrowings from FPL described below in an aggregate principal not to exceed $300 million during calendar year 2022 and (ii) short-term borrowings from FPL described below in an aggregate principal amount not to exceed $150 million at any one time during calendar years 2022 and 2023. The long-term debt securities may '.nclude first mortgage bonds, medium-term notes, extendible commercial notes, debentures, convertible or exchangeable debentures, notes, convertible or exchangeable notes or other similar rights exercisable for or convertible into debt securities, or other straight debt or hybrid debt securities, whether subordinated or unsubordinated, secured or unsecured, including renewals and extensions thereof, with maturities ranging from one to one hundred years. FPL may issue long-term debt securities by extending the maturity of short-term securities. FPL tray enter into warrants, options, rights, interest rate swaps, currency swaps or other derivative instruments, or other arrangements. FPL may also enter into debt purchase contracts, obligating holders to purchase from FPL, and obligating FPL to sell, debt securities at a future date or dates. In addition, FPL may enter into forward refunding or forward swap contracts during calendar year 2022. In conjunction with these forward contracts, FPL may issue and sell long- term debt through December 31, 2022, which FPL may commit to deliver under these forward contracts. Moreover, FPL may enter into installment purchase and security agreements, loan agreements, or other arrangements with political subdivisions of the States of Florida, Georgia. Mississippi, or other states, if any, where FPL becomes qualified to do business, and/or pledge debt securities and/or issue guaranties in connection with such political subdivisions' issuance, for the ultimate benefit of FPL, of Revenue Bonds or other "private activity bonds" with maturities ranging from one to one hundred years, bond anticipation notes or commercial paper. Such obligations may or may not bear interest exempt from federal, state or local tax. Contemplated to be included as long-term or short-term debt securities, as appropriate, are borrowings from banks and other lenders, and obligations pursuant to issuances of letters of credit, obtained under FPL's various credit facilities and other loan agreements, as those may be entered into and amended from time to time. Also contemplated to be included as long-term or short-term debt securities, as appropriate, ire borrowings from banks and other lenders, and obligations pursuant to issuances of letters of credit, obtained under credit facilities and other loan agreements or other arrangements, as those may be entered into and amended from time to 20 -3 ORDER NO. PSC-2021-0409-FOF-EI DOCKET NO. 20210127 -El PAGE 3 time by one or more wholly-owned, special purpose subsidiaries of FPL, with the proceeds of such borrowings to be used solely for the benefit of: (1) FPL's regulated utility operations; (2) short-term and long-term funding of the regulated utility operations of FCG; and (3) FPL's or FCC's customers. In furtherance of the foregoing: • On February 8, 2013, FPL entered into an amended and restated syndicated revolving credit and letter of credit agreement (as amended, referred to as the 2013 Revolving Credit Agreement) which, as amended, provides for approximately $2.398 billion of commitments. As of June 30, 2021, approximately $2.220 billion will expire on February 8, 2026, $93.825 million will expire on February 8, 2025, $74.825 million will expire on February 8, 2023 and $9.375 million will expire on February 8, 2022. Borrowings and letter of credit issuances under the 2013 Revolving Credit Agreement are available for general corporate purposes, including, without limitation, to pay any interest or fees owing under that agreement, provide backup for FPL's self-insurance program covering its and its subsidiaries' operating facilities, and fund the cost of the prompt restoration, reconstruction and/or repair of facilities that may be damaged or destroyed due to the occurrence of any man-made or natural disaster or event or otherwise. • On April 30, 2019, FPL entered into a $500 million syndicated revolving credit agreement (referred to as the April 2019 Revolving Credit Agreement) with an expiration date of April 30, 2022. The proceeds of borrowings under the April 2019 Revolving Credit Agreement are available for FPL's general corporate purposes, including to provide additional liquidity in the event of a loss to FPL's operating facilities, including a transmission and distribution property loss. • On June 24, 2019, FPL (as successor to Gulf by merger) entered into a $900 million syndicated revolving credit and letter of credit agreement (referred to as the June 2019 Revolving Credit Agreement) with an expiration date of February 8, 2026. The proceeds of borrowings under the June 2019 Revolving Credit Agreement are available for FPL's general corporate purposes, including, without limitation, to pay any interest or fees owing under that agreement, provide backup for FPL's self-insurance program covering its and its subsidiaries' operating facilities, and fund the cost of the prompt restoration, reconstruction and/or repair of facilities that may be damaged or destroyed due to the occurrence of any man-made or natural disaster or event or otherwise. • Borrowings and/or letter of credit issuances available to FPL under the 2013 Revolving Credit Agreement, the April 2019 Revolving Credit Agreement and the June 2019 Revolving Credit Agreement also can be used to support the purchase of Revenue Bonds that are tendered by individual bond holders and not remarketed prior to maturity. • On November 24, 2015, FPL entered into a term loan with a commercial bank, which facility was amended and converted on August 25, 2016, to a $200 million revolving loan credit commitment and has a maturity date of December 30, 2021. • On November 25, 2015, FPL entered into a term loan with a commercial bank, which facility was amended and converted on November 3, 2016, to a $100 million revolving loan credit commitment with a maturity date of July 5, 2022. ORDER NO. PSC-2021-0409-FOF-EI DOCKET NO. 20210127-E1 PAGE 4 • On March 31, 2016. FPL entered into a term loan with a commercial bank. which facility was amended and converted on August 26, 2016, to a $100 million revolving loan credit commitment and has a maturity date of January 28, 2021 • On September 27, 2016, FPL entered into a revolving credit agreement with a commercial bank which provides a $150 million commitment and has a maturity date of August 30, 2022. • On November 30. 2016, FPL entered into a revolving credit agreement with a commercial bank which provides a $75 million commitment and has a maturity date of August 30, 2022 • On July 24. 2419, FPL entered into a revolving credit agreement with a commercial bank which provides a $55 million commitment and has a maturity date of July 24, 2022. • On September 30, 2019, FPL (as successor to Gulf by merger) entered into a $300 million term loan agreement with a commercial bank and borrowed the entire amount under the agreement which has a maturity date of September 30, 2021. • On December 13, 2019, FPL (as successor to Gulf by merger) entered into a $200 million term loan agreement with a commercial bank and borrowed the entire amount under the agreement which has a maturity date of June 13, 2022. • On April 27 , 2020, FPL (as successor to Gulf by merger) entered into a revolving credit agreement with a commercial bank which provides for a $100 million commitment and has a maturity date of April 24, 2022. • On May 31, 2021, FPL entered into a revolving credit agreement with a commercial bank which provides a $250 million commitment and has a maturity date of December 31, 2021. • On May 31, 2021, FPL entered into a revolving credit agreement with a commercial bank which provides a $250 million commitment and has a maturity date of December 31, 2021. • On May 31, 2021. FPL entered into a revolving credit agreement with a commercial bank which provides a $250 million commitment and has a maturity date of December 31, 2021. • On May 31, 2021, FPL entered -nto a revolving credit agreement with a commercial bank which provides a $250 million commitment and has a maturity date of December 31, 2021. • On May 31, 2021, FPL entered into a revolving credit agreement with a commercial bank which provides a $100 million commitment and has a maturity date of December 31, 2021. • On May 31, 2021, FPL entered into a revolving credit agreement with a commercial bank which provides a $100 million commitment and has a maturity date of December 31, 2021. • Borrowings under each of the bilateral credit facilities described above may be used for general corporate purposes. • In addition, FPL has established an uncommitted credit facility with a bank. The bank may, at its discretion upon the request of FPL, make a short-term loan or loans to FPL in an aggregate amount determined by the bank, which is subject to change at any time. The terms of specific borrowings under the uncommitted credit facility, including maturities, are set at the time borrowing requests are made by FPL. Borrowings under the uncommitted credit facility may be used for general corporate purposes. Additionally, debt securities may be issued by FPL or its affiliates or subsidiaries in connection with one or more facilities secured by accounts receivable or involving the sale of accounts receivable or interests therein to re used solely for the benefit of FPL's or FCG's regulated utility operations. ORDER NO. PSC-2021-0409-FOF-EI DOCKET NO. 20210127 -El PAGE 5 Equity securities that may be issued by FPL include preferred stock, preference stock, convertible preferred or preference stock, or warrants, options or rights to acquire such securities, or other similar rights exercisable for or convertible into preferred or preference stock, or purchase contracts obligating holders to purchase such securities, or other equity securities, with such par values, terms and conditions and relative rights and preferences as deemed appropriate by FPL and as are permitted by its Restated Articles of Incorporation, as the same may be amended from time to time. FPL may also enter into financings, whereby FPL would establish and make an equity investment in one or more special purpose limited partnerships, limited liability companies, statutory trusts or other entities. FPL, or a wholly-owned subsidiary of FPL, would act as or appoint the general partner, managing member, sponsor or other members of each such entity. The entity would offer preferred or debt securities to the public and use the proceeds to acquire debt securities from FPL. FPL would issue debt securities to the entity equal to the aggregate of FPL's equity investment and the amount of preferred or debt securities sold to the public by the entity. FPL may also guarantee, among other things, the distributions to be paid by the affiliated entity to the preferred or debt securities holders. Payments by FPL on the debt securities sold to the entity would be used by that entity to make payments on the preferred or debt securities as well as on FPL's equity investment. Consequently, in the event of such a financing, to avoid double -counting, FPL would only count the total amount of its debt securities issued to the entity, and would not count the equity securities issued by the entity to FPL, the preferred or debt securities issued by the entity to the public, or the related FPL guaranties with respect to such preferred or debt securities issued by the entity to the public, against the total amount of proposed long-term debt and equity securities. In connection with the issuance (i) by FPL of long-term or short-term debt securities or preferred or preference stock, or (ii) by an affiliated entity of preferred or debt securities, the terms of which preferred or debt securities or stock permit FPL or the affiliated entity (as applicable) to defer principal, interest or other distributions for certain payment periods, FPL may agree to sell additional equity securities and/or long-term or short-term debt securities and to use the proceeds from the sale of those other securities to make principal, interest or other distributions on such preferred or debt securities or stock as to which such principal, interest or other distributions have been deferred. In addition, in connection with the issuance (i) by FPL of long-term or short-term debt securities or preferred or preference stock or (ii) by an affiliated entity of preferred or debt securities, FPL may covenant, pledge or make other commitments in favor of holders of such new stock or preferred or debt securities or the holders of previously - issued stock or preferred or debt securities, providing that such stock or preferred or debt securities will not be acquired (by redemption, purchase, exchange or otherwise), or otherwise satisfied, discharged or defeased, in certain circumstances unless such acquisition (by redemption, purchase, exchange or otherwise), satisfaction, discharge or defeasance is accomplished by (1) the issuance of or (2) proceeds from the issuance of, a security or securities satisfying the provisions set forth in such covenant, pledge or other commitment. 2(0 -lo ORDER NO. PSC-2021-0409-FOF-EI DOCKET NO, 20210127-E1 PAGE 6 The exchange of FPL's securities may be by way of an exchange of a security of FPL for another security or securities of FPL or of one of its subsidiaries or affiliates, or the exchange of a security of FPL or of one of its subsidiaries or affiliates for the security or securities of another entity. The manner of issuance and sale and/or exchange of securities will be dependent upon the type of security being offered, the type of transaction in which the securities are being issued and sold and/or exchanged and market conditions at the time of the issuance and sale and/or exchange. The short-term securities will have maturities of not more than twelve months and may be secured or unsecured, subordinated or unsubordinated. FPL may enter into warrants, options, rights, interest rate swaps, currency swaps or other derivative instruments, refunding transactions or other arrangements relating to, as well as contracts for the purchase or sale of, short-term securities. Consistent with Securities and Exchange Commission "no -action" letters, FPL may issue and sell commercial paper without compliance with the registration requirements of the Securities Act of 1933, as amended, subject to certain conditions. The short-term securities are issued to provide funds to temporarily finance portions of FPL's or FCC's construction program and capital commitments and for other corporate purposes. Also, during 2022 and 2023, FPL may need short-term financing for, among other purposes, seasonal fuel requirements, for contingency financing such as fuel adjustment under -recoveries or storm restoration costs, and for the temporary funding of maturing or called long-term debt or equity securities. The interest rate that FPL could pay on debt securities will vary depending on the type of debt instruments and the terms thereof, including specifically the tenor (i.e., the term) of the debt and whether the debt is secured or unsecured and subordinated or unsubordinated, as well as market conditions. A new series of 50 -year variable rate notes was issued by FPL on March 1, 2021, which variable rate is based on the three-month London Interbank Offered Rate minus 0.30%. A new series of 2 -year variable rate notes was issued by FPL on May 10, 2021, which variable rate is based on a compounded secured overnight financing rate plus 0.25%. A new series of 25 -year variable rate revenue refunding bonds was issued by the Miami -Dade County Industrial Development Authority on May 13, 2021, which proceeds were loaned to FPL under a loan agreement, and which variable rate is established at various intervals by the remarketing agent for such bonds. The dividend rate for preferred or preference stock is similarly affected by the terms of the offering. It is estimated that a new issue of FPL preferred stock as of June 30, 2021, would have carried a dividend yield of approximately 3.75% to 4.25%. In addition, FPL may from time -to -time issue instruments of guaranty, collateralize debt and other obligations, issue other securities, and arrange for the issuance of letters of credit and guaranties, in any such case to be issued or arranged by FPL or by one or more of its subsidiaries for the benefit of FPL's or FCG's regulated utility operations. FPL confirms that any such ORDER NO. PSC-2021-0409-FOF-EI DOCKET NO. 20210127 -El PAGE 7 issuances described above will be used in connection with the regulated activities of FPL or FCG, and not the nonregulated activities of its affiliates. On March 12, 2021, FPL filed its 2021 Rate Case requesting, among other things, authority to consolidate and unify the rates and tariffs applicable to all customers in the former FPL and Gulf service areas. if the Commission approves FPL's request, all Gulf customers will become FPL customers, and Gulf will no longer exist as a separate ratemaking entity effective January 1, 2022. In the event that the Commission declines to approve or postpones FPL's pending request for unified rates in Docket No. 20210015 -EI and Gulf remains a standalone ratemaking entity, the regulated operations of Gulf as a separate ratemaking entity will be financed through short-term and long-term borrowings from FPL. These short-term and long- term borrowings by Gulf, which are only relevant in the event the Commission declines or postpones rate unification in Docket No. 20210015-E1, would not count against the authority requested by FPL in the Applicants' application . The interest rate on any short-term or long- term borrowings in respect of the operations of Gulf as a separate ratemaking entity is expected to be a pass-through of FPL's average weighted cost for borrowing these funds and will vary depending on the terms of the debt and whether the debt is secured or unsecured and subordinated or unsubordinated, as well as market conditions. In addition, FCG seeks authority to finance its working capital and capital expenditure requirements through short-term and long-term borrowings from FPL. The timing of any borrowings made by FCG from FPL will depend on FCG's cash flow projections and other factors impacting FCG's cash and working capital requirements. The amount of short-term borrowings by FCG from FPL during calendar years 2022 and 2023 will be an aggregate principal amount not to exceed $150 million at any one time. In addition, the amount of long- term borrowings by FCG from FPL during calendar year 2022 will be an aggregate principal amount not to exceed $300 million. The interest rate on any short-term or long-term borrowings from FPL is expected to be a pass-fhrough of FPL's average weighted cost for borrowing these funds and will vary depending on the term of the debt and whether the debt is secured or unsecured and subordinated or unsubordinated, as well as market conditions. Any borrowings made by FCG from FPL will be unsecured and may be subordinated or unsubordinated. Short- term borrowings from FPL will have maturities not to exceed one year. Long-term borrowings from FPL will have maturities ranging from more than one year to one hundred years. FPL and FCG will file a consummation report with the Florida Public Service Commission (the Commission) in compliance with Rule 25-8.009, Florida Administrative Code, within 90 days after the end of any fiscal year in which FPL and/or FCG issue securities. II. Purposes of Issues A. FPL It is expected that the net proceeds to be received from the issuance and sale and/or exchange (if there are any net proceeds from an exchange) of the additional long-term debt and ORDER NO. PSC-2021-0409-FOF-EI DOCKET NO. 20210127 -El PAGE $ equity securities (with the exception of the proceeds of the issuance and sale of any Revenue Bonds or other "private activity bonds" (whether structured as variable rate demand notes or otherwise) or similar securities which will be used for specific purposes) will be added to FPL's general funds and will be used to finance the acquisition or construction of additional regulated utility facilities and equipment, as well as capital improvements to and maintenance of existing facilities; to acquire (by redemption, purchase, exchange or otherwise), or to otherwise satisfy, discharge or defease, any of its outstanding debt securities or equity securities; to repay all or a portion of any maturing long-term debt obligations; to satisfy FPL's obligations under guaranties; to repay all or a portion of short-term bank borrowings, commercial paper and other short-term debt outstanding at the time of such transactions, and/or for other corporate purposes. Proceeds, if any, may be temporarily invested in short-term instruments pending their application to the foregoing purposes. As of June 30, 2021, approximately, $137 million of FPL's long-term debt will mature during 2021. In addition, in the event that the Commission declines to approve or postpones FPL's pending request for unified rates in Docket No. 20210015 -EI, and Gulf remains a standalone ratemaking entity, FPL plans to use a portion of such proceeds to provide both short-term and long-term funding during 2022 and 2023 for the regulated utility operations of Gulf as a separate ratemaking entity as discussed above. FPL also plans to use a portion of such proceeds to provide both short-term and long- term funding for the regulated utility operations of FCG. Each loan made by FPL to FCG will consist of one or more tranches. The timing of any loans made by FPL to FCG will be dependent on FCG's cash flow projections and other factors for availability by FCG to meet its cash and working capital requirements. FPL will provide short-term and long-term funding to FCG from (1) surplus funds in the treasury of FPL and (2) proceeds from FPL's borrowings under its credit facilities, FPL's debt securities or FPL's issuance of commercial paper. FPL maintains a continuous construction program, principally for electric generation, transmission and distribution facilities. FPL's long-range construction program is subject to periodic review and revision. The construction program referred to in the Applicants' application has been necessitated by continued growth in the demand for service on FPL's system and the replacement and improvements required to its existing system. It is manifestly in the public interest for FPL to raise the funds which are required to perform such service. A more detailed description of these projects is provided in the FPL and Gulf 2021-2030 Ten -Year Site Plan on file with the Commission. As of June 30, 2021, FPL estimated that capital expenditures under its 2022-2023 construction program will be approximately $14.1 billion, including Allowance for Funds Used During Construction (AFUDC). (See Exhibit B attached to the Applicants' Application). At present, one project with anticipated construction expenditures during the 2022-2023 period involves a certification of need by the Commission under the Florida Electrical Power Plant Siting Act or the Transmission Line Siting Act: the Dania Beach Clean Energy Center, a 1,163 megawatt (summer) natural gas-fired generating unit. The need for the Dania Beach Clean 24'i ORDER NO. FSC-2021-0409-FOF-El DOCKET NO. 20210127 -El PAGE 9 Energy Center was approved by the Commission in Order No. PSC-2018-0150-FOF-El issued on March 19, 2018. The estimated construction cost for the Dania Beach Clean Energy Center is $888 million, including AFUDC and transmission interconnection costs. As of June 30, 2021, development, design and construction costs, including AFUDC and transmission interconnection costs, expended on the Dania Beach Clean Energy Center were approximately $732 million. A more detailed description of this project is provided in the FPL and Gulf 2021-2030 Ten -Year Site Plan on file with the Commission. Under future market conditions, the interest rate on new issue long-term debt or the dividend rate on new issue preferred or preference stock of FPL and its subsidiaries may be such that it becomes economically attractive to acquire (by redemption, purchase, exchange or otherwise), or otherwise satisfy, discharge or defease, a portion or all of certain of its or its subsidiaries long-term debt securities or equity securities, providing an opportunity for FPL to reduce interest or dividend expense even after accounting for such other considerations as the (i) redemption or other reacquisition premium, (ii) other associated reacquisition or discharge expenses and (iii) related income tax effects. This reduction would be beneficial to FPL's customers and, with proper regulatory treatment, would not be detrimental to FPL's common shareholder. Other important considerations in making such a decision would include an assessment of anticipated future interest and dividend rates and FPL's ability to raise enough new capital to finance its construction program while concurrently pursuing any refinancing opportunities. FPL might also consider acquiring or otherwise satisfying, discharging or defeasing a portion or all of certain of its or its subsidiaries long-term debt securities or equity securities for reasons other than interest or dividend expense reduction. Under future market conditions, it may be economical to enter into forward refunding or forward swap contracts. The forward refunding contracts would be for the purpose of refunding long -tern debt (including but not limited to refunding Revenue Bonds) which may be issued on FPL's behalf and which can be callable. Under federal tax law, the refunding of Revenue Bonds with tax-exempt bonds issued more than 90 days prior to the redemption or retirement of the outstanding issue is heavily restricted. However, through a forward refunding contract, FPL could lock -in prevailing tax-exempt fixed rates for refunding Revenue Bonds which would be issued 90 days prior to a call date of the outstanding issue. Alternatively, FPL could enter into a forward swap contract, to become effective on a call date of the outstanding issue, to lock -in prevailing tax-exempt fixed rates. Any anticipated savings generated by such forward transactions would be spread over the combined life of the outstanding bonds and the refunding bonds starting with the execution of the forward contract. FPL confirmed that the capital raised pursuant to the Applicants' application will be used in connection with the regulated activities of FPL and FPL's subsidiaries, including FCG, as described in the Applicants' application, and not the nonregulated activities of its affiliates. B. Operations of Gulf as a Separate Ratemaking Entity 2& 40 ORDER NO. PSC-2021-0409-FOF-El DOCKET NO. 20210I 27 -EI PAGE 10 In the event that the Commission declines to approve or postpones FPL's pending request for unified rates in Docket No. 20220015 -EI and Gulf remains a separate ratemaking entity, FPL will cause the proceeds from any borrowings made by Gulf would be used for capital expenditures, working capital requirements, and general corporate purposes related to the regulated utility operations of Gulf. Gulf maintains a continuous construction program, principally for electric generation, transmission and distribution facilities. Gulfs long-range construction program is subject to periodic review and revision. The construction program referred to in the Applicants' application has been necessitated by continued growth in the demand for service on Gulfs system and the replacement and improvements required to its existing system. A more detailed description of these projects is provided in the FPL and Gulf 2021-2030 Ten -Year Site Plan on file with the Commission. It is manifestly in the public interest for FPL to raise the funds which are required for Gulf to perform such service as a separate ratemaking entity in the event that the Commission declines to approve or postpones FPL's pending request for unified rates in Docket No. 20210015 -EI and Gulf remains a separate ratemaking entity. As of June 30, 2021, FPL estimates Gulfs capital expenditures as a separate ratemaking entity under its 2022-2023 construction program to be approximately $1.3 billion, including AFUDC. (See Exhibit B attached to the Applicants' Application). At present, none of the planned expenditures in 2022-2023 require a certification of need by the Commission under the Florida Electrical Power Plant Siting Act or the Transmission Line Siting Act. FPL confirmed that the capital raised pursuant to the Applicants' application would be used in connection with the regulated activities of FPL and FPL's subsidiaries, including the regulated activities of Gulf as a separate ratemaking entity absent the approval of rate unification in Docket No. 20210015-E1, and not the nonregulated activities of its affiliates. C. FCG FCG will cause the proceeds from any borrowings made by FCG to be used for capital expenditures, working capital requirements, and general corporate purposes related to FCG's regulated utility operations. As of June 30, 2021, FCG estimated that capital expenditures under its 2022-2023 construction program will be approximately $136 million, including AFUDC. (See Exhibit B attached to the Applicants' Application). Although it does not require a certificate of need, the proceeds from the loans made by FPL will be used, in part, for the anticipated construction of a new Liquefied Natural Gas (LNG) Facility in southern Florida in the 2022 period. As approved by the Commission in Order No. PSC-2018-0190-FOF-GU issued April 20, 2018, the new LNG Facility will be capable of providing an additional 10,000 Dth/day of capacity and will include the following: (i) truck loading facilities; (ii) three storage tanks holding a total of 270,000 gallons of LNG; (iii) vaporization equipment; and (iv) other related facilities. The estimated construction cost for the Zo - // ORDER NO, PSC-2021-0409-FOF-EI DOCKET NO. 20210127 -EI PAGE I 1 new LNG Facility is $58 million. As of June 30, 2021, development, design and construction costs expended on the new LNG Facility were approximately $17.7 million. FCG confirmed that the capital raised pursuant to the Applicants' application will be used in connection with its regulated activities, and not the nonregulated activities of its affiliates. 111. Conclusion Having reviewed the application, it is the finding of this Commission that the transactions described in the application will not impair the ability of FPL and FCG to perform the services of a public utility. These transactions are for such lawful purposes within FPL's and FCG's corporate powers and, as such, the application is granted. Our approval of the proposed issuance and/or sale of securities does not indicate specific approval of any rates, terms, or conditions associated with the issuance. Such matters are properly reserved for our review within the context of a rate proceeding. Our approval of the issuance of securities constitutes approval only as to the legality of the issue. In approving the subject financing, we retain the right to disallow any of the costs incurred for ratemaking purposes. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the application by Florida Power & Light Company and Florida City Gas to issue and sell securities pursuant to Section 366.04, Florida Statutes, and Chapter 25-8, Florida Administrative Code, is approved as set forth herein. It is further ORDERED that FPL is hereby authorized to issue and sell and/or exchange any combination of long-term debt and equity securities and/or to assume liabilities or obligations as guarantor, endorser or surety in an aggregate amount not to exceed $7.85 billion during calendar year 2022, for the purposes and in the manner described in the Applicants' application. It is further ORDERED that FPL is hereby authorized to issue and sell short-term securities in an amount or amounts such that the aggregate principal amount of short-term securities outstanding at the time of and including any such sale shall not exceed $4.9 billion during calendar years 2022 and 2023, for the purposes and in the manner described in the Applicants' application. It is further. ORDERED that FCG is hereby authorized to make tong -term borrowings from FPL in an aggregate principal amount not to exceed $300 million during calendar year 2022, for the purposes and in the manner described in the Applicants' application. It is further ORDERED that FCG is hereby authorized to make short-term borrowings from FPL in 2Z& -/ Z- ORDER NO. PSC-2021-0409-FOF-E I DOCKET NO. 20210127 -El PAGE 12 an aggregate principal amount not to exceed $150 million at any one time during calendar years 2022 and 2023, for the purposes and in the manner described in the Applicants' application. It is further ORDERED that the Applicants shall file a consummation report in compliance with Rule 25-8.009, Florida Administrative Code, within 90 days of the end of any fiscal year in which it issues any securities authorized by this Order. It is further ORDERED that this docket shall remain open until May 5, 2023, to monitor the issuance and/or sale of securities until Florida Power & Light Company submits and Commission staff has reviewed the Consummation Report, at which time it shall be closed administratively. By ORDER of the Florida Public Service Commission this I st day of November, 2021. A ADAM J.JEITZ' AN Commission Cie Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. 2('�" -/J ORDER NO. PSC-2021-0409-FOF-EI DOCKET NO. 20210127 -El PAGE 13 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice shoed not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request: 1) reconsideration of the decision by filing a motion for reconsideration with the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within fifteen (15) days of the issuance of this order in the form prescribed by Rule 25-22.060, Florida Administrative Code; or 2) judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk, and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. Z(o •11-47 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM � TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Chares�, Natural Resources Manager SUBJECT: Sebastian Inlet Technical Advisory Committee Assistance, APTIM Work Order No. 2018008-03 DATE: November 1, 2021 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) is forming a Sebastian Inlet Technical Advisory Committee (TAC) in order to involve key stakeholder groups and professionals in utilizing the most recent scientific information avai able to provide technical expertise and feedback to the FDEP for decision making. The Sebastian Inlet TAC will address questions and comments regarding the Inlet's sediment budget and findings reported in the 2021 Annual Inlet Report. It is anticipated that the initial TAC meeting will take place in December 2021. Indian River County has been asked to provide representation on the TAC, with both the Public Works Director, Richard Szpyrka, P.E., and Natural Resources Manager, Eric Charest selected as County representatives. As participation on the TAC requires extensive coastal engineering data analysis and review, the County's participation in the TAC also requires that County obtain technical assistance from coastal engineerjng experts familiar with beach design in the northern part of the County. On April 17, 2018, the Board of County Commissioners (BCC) approved the Continuing Contract Agreement for Continuing Engineering Services with Aptim Environmental & Infrastructure, LLC (APTIM) for professional coastal ergineering support services. The original contract was for three (3) years with an option for one (1) two-year extension at the County's discretion. This contract was renewed on May 18, 2021 for the two (2) year extension. In response to the County's request for technical support with the Sebastian Inlet TAC, APTIM has prepared Work Order No. 2018008-3 to provide coastal engineering support services. Work Order No. 2018008-3 includes APTIM's in person attendance at up to three (3) TAC meetings and associated literature review and coordination efforts. Total lump sum cost provides by APTIM for Sebastian Inlet TAC support is $13,054.00. 27 FUNDING Funding for coastal engineering support services is budgeted and available in the Beach Restoration Fund/Other Professional Services, Account No. 12814472-033190. Account Name I Account No. Amount Beach Restoration Fund/Other P,ofessional Services 1 12814472-033190 $13,054.00 RECOMMENDATION Staff recommends the Board of County Commissioners (Board) approve APTIM Work Order No. 2018008-3 in the amount of $13,054.00 fcr technical coastal engineering services associated with the support of the County's participation in the Sebastian Inlet Technical Advisory Committee. In addition, staff recommends that the Board authorize the Chairman to execute Work Order No. ali1:11I11:01 ATTACHMENT 1. APTIM Work Order No. 2018008-3 2. Work Order No. 2018008-3 execution form APPROVED AGENDA ITEM FOR NOVEMBER 9, 2021 )>Ik APTIM October 25, 2021 Eric Charest Coastal Division Indian River County Public Works 1801 27th Street Vero Beach, FL 32960 Subject: Indian River County, FL Work Order 2018008-03 Dear Eric: Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com Sebastian Inlet Technical Advisory Committee Assistance This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM) to provide technical assistance to the County during Technical Advisory Committee (TAC) meetings for the Sebastian Inlet. Task 1: Technical Advisory Meetings APTIM will attend the TAC meetings hosted by the Florida Department of Environmental Protection. It is proposed that up to three (3) meeting will be attended in person during the course of the study. Deliverable A summary will be provided following each TAC meeting to document comments during the meetings. Schedule & Assumptions APTIM will provide the deliverable within 5 ca'.endar days of the TAC meeting. Cost The lump sum cost for this task is $5,604.00. Task 2: Literature Review and Coordination Available studies from past and current efforts will be reviewed for historic context and past beach and inlet performance. APTIM will provide comments on the study findings prior to and after attending TAC meetings. Recommendations will be made to the County based upon these findings. Periodic coordination meetings concerning the status of the study will be conducted with the County and APTIM as needed via conference calls. Deliverable Recommendations will be provided to the County as information becomes available from the TAC. Schedule & Assumptions APTIM will provide recommendations within a timely manner dependent upon the volume of information 29 , A P T I M September 22, 2021 Page 2 of 3 received from study. Cost The lump sum cost for this task is $7,450.00. Summary The total lump sum cost to perform the work described herein is $13,054.00. The scope and fee were developed following the provisions of the Continuing Services Contract Agreement for Continuing Engineering Services 2018008 (dated April 17, 2018 and amended May 18, 2021) between Indian River County and APTIM. Thank you for the opportunity to serve Indian River County. Please do not hesitate to call if you have any questions. Sincerely, I I Nicole S. Sharp, P.E. 30 ,>,APTIM EXHIBIT A At APTIM Work Order 2018008-03 Sebastian Inlet Technical Advisory Committee Assistance Indian River County, FL Summary of Cost by Task September 22, 2021 Page 3 of 3 REV 20 1 Task Number Task Name Labor coSu ntractorsMobilization/Travel Totals Task 1 Technical Advisory Meetings $ 5.160.00 $ i $ 444.00 $ 5,604.00 Task 2 Literature Review and Coordirationj i $ 7.450.00 $ $ - $ 7,450.00 Totals = $ 12,610.00 1 $ I $ 444.00 $ 13,054.00 Submitted By: Nicole Sharp Submitted To: Indian River County, FL A APTIM 2020 - REV 20.1 Work Order 2018008-03 Sebastian Inlet Technical Advisory Committee Assistance Indian River County, FL Summary of Labor Hours and Cost LaborTNe Techniral AdUisory Meetings Task 1 Labor BiU ( Labor Rate Hours Cost Literature Review and Coordination Task 2 Labor I Hours Cost Totals Labor Hours Cost Principal Engineer $ 295.00 € $ $ 1 $ Proram Mana r $ 215.00:13 24 $ 5,160.00 24 ! $ 5.160.00 481 $ 10.320 00 SrCoastal E neertPro Mngr $ 195.00 € $ 8 $ 1560.00 8 $ 1,560.00 Coastal EnaineerIII $ 165.00 - $$ $ Coastal E ineerll $ 130.00 $ $ I $ Coastal Engineer 1 $ 105.00 $ 2 $ 210.00 2 1 $ 210.00 Coastal Modeler II $ 130.00 $ 4 $ 520.00 4 1 $ 520.00 Senior CAD Operator $ 185.00 ! $ $ $ CAD O rotor $ 110.00! $ $ 1 $ GIS O rotor $ 120.001 $ $ $ CWncal $ 90.00 $ S $ Technician $ 70.00 $ S $ Mobi6zatiordTravel $ 444.00 $ 444.00 Sub -Contractors $ - S TOTAL 24 $ 5,604.00 38 ! $ 7,450.00 62 $ 13,054.00 Submitted By: Nicole Sharp Submitted To: Indian River County FL 31 WORK ORDER NUMBER 2018008-3 SEBASTIAN INLET TECHNICAL ADVISORY COMMITTEE ASSISTANCE This Work Order Number 2018008-3 is entered into as of this day of 2021 pursuant to the Continuing Contract Agreement for Continuing Engineering Services entered into as of April 17, 2018 ("Agreement"), and amended on May 18, 2021 for a 2 year extension on by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental and Infrastructure, LLC. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY , P.E. Title: Director of Operations Date: By: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 32 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller P.O. Box 1028 Vero Beach, FL 32961-1028 Telephone: (772) 770-5185 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller DATE: November 2, 2021 SUBJECT: TD Bank — Banking Services Agreement Renewal On October 18, 2016, the Board awarded the banking services for the Board of County Commissioners to TD Bank and entered into an agreement with TD Bank on November 15, 2016. That agreement covered the time frame January 1, 2017 through December 31, 2019 and included the option for two additional two-year renewal terms. On November 12, 2019, the Board approved exercising the first two-year renewal term, extending the agreement until December 31, 2021. Staff is satisfied with TD Bank's services and requests to exercise the second and final two-year renewal option, extending the agreement until December 31, 2023. Recommendation: Staff recommends the Board to approve the attached document and authorize the Chairman to execute them. 33 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS RENEWAL OF CASH MANAGEMENT MASTER AGREEMENT FOR BANKING SERVICES This Renewal extending the Cash Management Agreement for Banking Services (Agreement) is made and entered into this 9t' day of November, 2021 by and between the Indian River County Board of County Commissioners, Indian River County, Florida, a county government existing under the laws of the State of Florida, hereinafter referred to as the "County", whose mailing address is 1801 27ffi Street, Vero Beach, Florida and TD Bank, N.A., authorized to do business in the State of Florida, whose mailing address is 2130 Centrepark West, West Palm Beach, Florida, 33404. WHEREAS, the County entered into an Agreement with TD Bank, N.A. on November 15, 2016, to provide banking services for a period of three years with an option for two two-year renewals, and WHEREAS, the County and TD Bank, N.A. exercised the first renewal option on November 12, 2019, extending the Agreement's expiration date from December 31, 2019 to December 31, 2021. WHEREAS, the County and TD Bank, N.A. desire to exercise the second and final renewal option, extending the Agreement's expiration date from December 31, 2021 to December 31, 2023. NOW THEREFORE, in consideration of the mutual promises contained herein, the County and TD Bank, N.A. agree as follows: SECTION 1. The Cash Management Agreement for Banking Services is hereby extended for two additional years and will expire on December 31, 2023 unless otherwise extended or terminated under the terms of the Agreement. SECTION 2. In all other respects, the terms of the Agreement shall remain in full force and effect, and the parties agree to perform all duties and obligations as set forth therein. SECTION 3. TERMINATION IN REGARDS TO F.S. 287.135: TD Bank, N.A. certifies that it and those related entities of TD Bank, N.A. 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, TD Bank, N.A. certifies that it and those related entities of TD Bank, N.A. 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. 34 The County may terminate this Contract if TD Bank, N.A. 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. The County may terminate this Contract if TD Bank, N.A., 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. SECTION 4. TD Bank, N.A. is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. TD Bank, N.A. is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. In witness whereof, the Parties unto this Renewal have set their hand and seals on the days and date first written above. TD BANK N.A BY: ROBERT WILKINS, JR. MBA, CCM VICE PRESIDENT, SENIOR GOVERNMENT BANKING MANAGER 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 INDIAN RIVER COUNTY, FLORIDA mm JOSEPH FLESCHER, CHAIRMAN Jason Brown County Administrator 35 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM'C'' TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E. Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Quintin Bergman, M.S., Sea Turtle Environmental Specialist SUBJECT: Agreement with USDA -APHIS Wildlife Services DATE: October 29, 2021 DESCRIPTION AND CONDITION On December 1, 2004 Indian River County (IRC) received an Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS) which required IRC to initiate the Habitat Conservation Plan: A Plan for t -)e Protection of Sea Turtles on the Eroding Beaches in Indian River County, Florida (HCP). The primary goal of the HCP is to maintain a comprehensive plEn to protect State and Federally listed sea turtle species within IRC. Through the HCP, the County has established a Sea Turtle Conservation Program that encompasses coordinating countywide nest monitoring, artificial lighting ordinance and nighttime surveys, various education and outreach activities, and coordination on responses to sick and injured sea turtles. Occasionally sea turtle nests are eaten or destroyed by another animal. In the early 2000's when the HCP was first established, the raccoons were the most prevalent predator on sea turtle nests taking 5%-10% of the nests in a given area. The Archie Carr National Wildlife Refuge, the only Refuge established for the protection of sea turtles, managed the raccoon predators under their Comprehensive Conservation Plan. Since that management action, nest predation I as remained low, >1% to 3% nests per season. During the 2021 sea turtle nesting season, morning surveyors from Ecological Associates Inc. (EAI) have documented 261 sea turtle nests predated within a 3.1 mile (5 km) area in the northern part of IRC as of October 14, 2021. Coyotes were identified as predating majority of these nests (226 nests). These nests are located around the Archie Carr National Wildlife Refuge, Treasure Shores Park and the Seaview Subdivision in the northern part of the County. The first predated nest occurred earlier in the season and have been occurring regularly up to the date of this agenda. Table 1: 2021 Nesting Season Breakdown of Nest Predators in the Impacted Area (3.1 mi.). Predator Number of Nests Type Impacted Coyote 226 Unknown 17 Canine/Dog 8 Crab 6 Raccoon 2 Bobcat 2 Total 261 36 USDA -APHIS Wildlife Services has provided a Cooperative Service Agreement outlining a Work Plan for a Wildlife Specialist to remove the current predators, for a total not exceeding $10,364.00. Based on the Wildlife Specialist's review of provided data, it is believed that there may be 1-3 coyotes impacting the nests laid along the beach. The Wildlife Specialist has outlined the recommended removal techniques in the Work Plan. FUNDING Funding for Wildlife Services is budgeted and available in the Beach Restoration Fund/Other Professional Services (HCP) Account 12814472-033190-99007. Account Name Account No. Amount Beach Restoration Fund/Other 12814472-033190-99007 $10,364.00 Professional Services HCP RECOMMENDATION Staff recommends that the BCC authorize this Cooperative Services Agreement between Indian River County and the United States Department of Agriculture Animal and Plant Health Inspection Services (APHIS) Wildlife Services (WS) in the total lump sum of $10,364.00. Additionally, staff recommends that the BCC authorize the Chairman to execute the attached agreement. ATTACHMENT • Predation Map • Frequency of Predated Nests • Indian River Cnty-CSA-21-7212-8144-RA 37 2021 Sea Turtle Nesting Season - Location of Nest Predations ar�VERc�G Map exhibits the location of predated nests that occured during the Indian River County, 2021 sea turtle `)nesting season. Predation occured wit�in a 3.1 mile strech of beach encompassing parts of the Archie Carr National Wildlife Refuge, County, State, and private lands. Colored parcels relate to which t'20 JIDS Agency owns the parcel. Red points represent sea turtle nests that have been predated by coyotes. Data is current as of October 14, 2021 Map Author Quintin Bergman Map Date: 10/25/2021 Document Path: F:\Public Worcs\COASTAL\OPERATIONAL\_Sea Turtle_Program\GIS_Projects\2021_0813_PredMapV2\DepData_2021_v3.mxd U) N O hA C O o ao -c a N Y ++ N i CO Co U 0-0- CO OE . 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Q y v O TZOZ/b/6 �I TZOZ/8Z/8 TZOz/TZ/8 TZOZ/tT/8 TZOZ/L/8 TZOZ/TE/L TZOZ/bZ/L TZOZ/LT/L TZOZ/OT/L TZOZ/E/L i Tzoz/9Z/9 t t t ■; TZOZ/6T/9 TZOZ/ZT/9 �I Tzoz/s/9 ' Tzoz/6z/s —, Tzoz/ZZ/S rn oo r �c ul � m rl � o slsaN jo aagwnN Tzoz/ST/S M TZOZ/6/OT tD N �� ^� TZOZ/Z/OT ; TZOZ/SZ/6 o TZOZ/8T/6 F � TZOZ/TT/6 TZOZ/b/6 �I TZOZ/8Z/8 TZOz/TZ/8 TZOZ/tT/8 TZOZ/L/8 TZOZ/TE/L TZOZ/bZ/L TZOZ/LT/L TZOZ/OT/L TZOZ/E/L i Tzoz/9Z/9 t t t ■; TZOZ/6T/9 TZOZ/ZT/9 �I Tzoz/s/9 ' Tzoz/6z/s —, Tzoz/ZZ/S rn oo r �c ul � m rl � o slsaN jo aagwnN Tzoz/ST/S M (7/2019 version) WS Agreement Number: 21 -7212 -8144 -RA WBS: AP.RA.RX12.72.0248 COOPERATIVE SERVICE AGREEMENT between INDIAN RIVER COUNTY (COOPERATOR) and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) ARTICLE 1— PURPOSE The purpose of this Cooperative Service Agreement is to assist Indian River County in the removal of coyotes and raccoons in order to reduce the predation of nesting sea turtles on county beaches. ARTICLE 2 — AUTHORITY APHIS -WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468-69, 7 U.S.C. §§ 8351-8352, as amended, and December 22, 1987, Public Law No. 100-202, § 101(k), 101 Stat. 1329-331, 7 U.S.C. § 8353, to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while conducting a program of wildlife services involving mammal and bird species that are reservoirs for zoonotic diseases, or animal species that are injurious and/or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety. ARTICLE 3 - MUTUAL RESPONSIBILITIES The cooperating parties mutually understand and agree to/that: 1. APHIS -WS shall perform services set forth in the Work Plan, which is attached hereto and made a part hereof. The parties may mutually agree in writing, at any time during the term of this agreement, to amend, modify, add or delete services from the Work Plan. 2. The Cooperator certifies that APHIS -WS has advised the Cooperator there may be private sector service providers available to provide wildlife damage management (WDM) services that the Cooperator is seeking from APHIS -WS. 3. There will be no equipment with a procurement price of $5,000 or more per unit purchased directly with funds from the cooperator for use on this project. All other equipment purchased for the program is and will remain the property of APHIS -WS. 4. The cooperating parties agree to coordinate with each other before responding to media requests on work associated with this project. 40 ARTICLE 4 - COOPERATOR RESPONSIBILITIES Cooperator agrees: 1. To designate the following as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement; Richard B. Szpyrka, P.E. Public Works Director Indian River County 1801 27th Street, Vero Beach, FL 32960 (772) 226-1234 2. To authorize APHIS -WS to conduct direct control activities as defined in the Work Plan. APHIS -WS will be considered an invitee on the lands controlled by the Cooperator. Cooperator will be required to exercise reasonable care to warn APHIS -WS as to dangerous conditions or activities in the project areas. To reimburse APHIS -WS for costs, not to exceed the annually approved amount specified in the Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the agreement with amended Work Plan and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are performed. The Cooperator agrees to pay all costs of services submitted via an invoice from APHIS -WS within 30 days of the date of the submitted invoice(s). Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996. 4. To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996. 5. As a condition of this agreement, the Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt. 6. To notify APHIS -WS verbally or in writing as far in advance as practical of the date and time of any proposed meeting related to the program. 7. The Cooperator acknowledges that APHIS -WS shall be responsible for administration of APHIS -WS activities and supervision of APHIS -WS personnel. 8. The Cooperator will not be connected to the USDA APHIS computer network(s). 41 ARTICLE 5 — APHIS -WS RESPONSIBILITIES APHIS -WS Agrees: 1. To designate the following as the APHIS -WS authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement. Parker Hall State Director FL Wildlife Services 2820 E University Ave Gainesville, FL 32641 (352) 377-5556 2. To conduct activities at sites designated by Cooperator as described in the Work and Financial Plans. APHIS -WS will provide qualified personnel and other resources necessary to implement the approved WDM activities delineated in the Work Plan and Financial Plan of this agreement. 3. That the performance of wildlife damage management actions by APHIS -WS under this agreement is contingent upon a determination by APHIS -WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable federal statutes. APHIS -WS will not make a final decision to conduct requested wildlife damage management actions until it has made the determination of such compliance. 4. To invoice Cooperator quarterly for actual costs incurred by APHIS -WS during the performance of services agreed upon and specified in the Work Plan. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and records of APHIS -VETS pertaining to such claims for reimbursement to the extent permitted by Federal law and regulations. ARTICLE 6 — CONTINGENCY STATEMENT This agreement is contingent upon the passage by Congress of an appropriation from which expenditures may be legally met and shall not obligate APHIS -WS upon failure of Congress to so appropriate. This agreement may also be reduced or terminated if Congress only provides APHIS -WS funds for a finite period under a Continuing Resolution. ARTICLE 7 — NON-EXCLUSIVE SERVICE CLAUSE Nothing in this agreement shall prevent APHIS -WS from entering into separate agreements with any other organization or individual for the purpose of providing wildlife damage management services exclusive of those provided for under this agreement. 42 ARTICLE 8 — CONGRESSIONAL RESTRICTIONS Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefit to arise therefrom. ARTICLE 9 — LAWS AND REGULATIONS This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). In this agreement, APHIS-WSprovides goods or services on a cost recovery basis to nonfederal recipients, in accordance with all applicable laws, regulations and policies. ARTICLE 10 — LIABILITY APHIS -WS assumes no liability for any a•z�tions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 U.S.C. 1346(b), 2401(b), and 2671-2680). ARTICLE 11— NON-DISCRIMINATION CLAUSE The United States Department of Agriculture prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. Not all prohibited bases apply to all programs. ARTICLE 12 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS This agreement shall become effective on 11/01/2021 and shall continue through 10/31/2022, not to exceed five years. This Cooperative Service Agreement may be amended by mutual agreement of the parties in writing. The Cooperator must submit a written request to extend the end date at least 10 days prior to expiration of the agreement. Also, this agreement may be terminated at any time by mutual agreement of the parties in writing, or by one party provided that party notifies the other in writing at least 60 days prior to effecting such action. Further, in the event the Cooperator does not provide necessary funds, APHIS -WS is relieved of the obligation to provide services under this agreement. 43 In accordance with the Debt Collection Improvement Act of 1996, the Department of Treasury requires a Taxpayer Identification Number for individuals or businesses conducting business with the agency. Cooperator's Tax ID No.: 85-80.2622034C-3 APHIS-WS's Tax ID: 41-0696271 Cooperator: Joseph Flescher Date Chairman Indian River County Board of County Commissioners 1801 27th Street, Vero Beach, FL 32960 UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Parker Hall State Director FL Wildlife Services 2820 E University Ave Gainesville, FL 32641 (352) 377-5556 Prepared by: Alex Nicely Date 44 WORKPLAN In accordance with the Cooperative Service Agreement between Indian River County and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and budget of this project during the period of this agreement. Location: Indian River County beachside properties Proposed Dates: 11/01/2021-10/31/2022 Introduction The APHIS WS program uses an Integrated Wildlife Damage Management (IWDM) approach (sometimes referred to as IPM or "Integrated Pest Management") in which a series of methods may be used or recommended to reduce wildlife damage. These methods include the alteration of cultural practices as well as habitat and behavioral modification to prevent damage. However, controlling wildlife damage may require that the offending animal(s) are killed or that the populations of the offending species be reduced. Program Objective The objective of this cooperative service agreement is to assist Indian River County in the removal of coyotes and raccoons in order to reduce predation of nesting sea turtles on county beaches. Upon review, it is Wildlife Services opinion that coyotes will never be fully eliminated from Indian River County properties due to the number of private properties nearby with suitable habitat; however, WS believes that the coyotes/raccoons predating sea turtle nests can be specifically targeted and removed from the beachside habitat. Plan of Action WS, through its local office, will provide a Wildlife Specialist to conduct predator control on Indian River County properties. Coyote and raccoon control will consist of targeted night shooting in order to remove the individual predator(s) responsible for nest predation. Wildlife Services will maintain a valid permit(s) from the Florida Fish and Wildlife Conservation Commission (FWC) and will coordinate all activities with FWC and local law enforcement. WS will ensure cooperation with all state and federal laws as well as maintain all necessary permits. This work and financial plan will cover approximately 120 hours of work. 45 FINANCIAL PLAN Cost Element Full Cost Personnel Compensation $5,388 Travel $1,213 Vehicles $200 Other Services - Supplies and Materials $500 Equipment $850 Subtotal Direct Charges) $8,151 Pooled Job Costs [for non -Over -the Counter projects] 11.00% $897 Indirect Costs 16.15% $1,316 Aviation Flat Rate Collection - Agreement Total $10,364 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $10,364 Cooperator Name, Address, Phone Number, Email Richard B. Szpyrka, P.E. Public Works Director Indian River County 1801 27th Street, Vero Beach, FL 32960 (772)226-1234 rszpyrka@ircgov.com APHIS -WS State Office Name, Address, Phone Number, Email Vielka Dyer USDA APHIS, WS 2820 East University Ave. Gainesville, Fl 32641 (352) 448-2137 vielka.g.dyer@usda.gov 46 RD, INDIAN RIVER COUNTY, FLORIDA ILy, I=1!,M:7_1I!IBill LTA TO: Jason Brown, County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: NexusWorx - Fiber Documentation System — Project Phase -3 DATE: November 3, 2021 BACKGROUND Indian River County Information Systems & Telecommunications Division has deployed a municipal fiber optic infrastructure mapping and record keeping system for all IRC Outside Plant (OSP), and IRC Inside Plant (ISP) fiber optic network assets. Two phases of the IRC fiber optic network mapping system known as `NexusWorx' have to date, been approved by the IRC Board of County Commissioners. Phases 1 and 2 have been completed. The NexusWorx application is a product of Byers Engineering Inc., who also manages the mirrored web -portal sites that support this application. The database, records, and all collected OSP and ISP information, is the property of Indian River County BOCC. NexusWorx project Phase 3 is the final step to complete documenting the IRC municipal fiber optic network grid. Phase 3 of the NexusWorx project will document a geographical area north of 20th Street in Vero Beach extend ng north to the Indian River County line. In the east / west coverage area, NexusWorx Phase -3 will ra,-ige from US Highway Al on the east perimeter, and extending west, to include the City of Fellsmere, at its western perimeter. ANALYSIS As with the NexusWorx Phase 1 and Phase 2 project segments, the scope of work will be two tiered. Byers Engineering Inc. will develop the OSP project scope of work, and provide it to Gerelcom Inc., who will fully document all IRC fiber connections contained within IRC fiber optic splices and fiber optic patch panels. Byers Engineering Inc. personnel will collect and document all of the ISP fiber information. Byers Engineering Inc. will compile and enter all of the data collected in the NexusWorx Project Phase 3 scope of work area, into the NexusWorx web -portal, for daily use and administration by IRC personnel. Phase -3 of the NexusWorx fiber documentation project entails the collection of all IRC field fiber optic network grid data, within the specified coverage area of the project, by Byers Engineering Inc. to include all of the following: OSP fiber assets to include all underground fiber optic handholds, fiber pull boxes, fiber patch panel housings, IRC traffic fiber cabinets, underground and aerial fiber optic splice enclosures - information detailing the point-to-point fiber optic splice connections contained within each fiber optic splice housing. ISP fiber assets to include all fiber optic patch panel connections within the County, and shared resource IRC Fiber Consortium building sites - information detailing the point-to- point fiber jumper connections at each fiber optic patch panel. FUNDING The estimated cost for the Byers Engineering Inc. segment of the NexusWorx Phase 3 project is $104,750.00 The estimated cost for the Gerelcom Inc. segment of the NexusWorx Phase 3 project is $127,353.72 The NexusWorx Phase -3 project will be funded by a roll-over budget amendment from the FY 2020/2021 budget in the IT Fund/Information Systems/Other Professional Services, account number 50524113-033190, in the amount of $232,103.72. Account Name I Account Number Amount IT/Information Systems/Other Professional Services 1 50524113-033190 $232,103.72 RECOMMENDATION Staff recommends that the IRC Board of County Commissioners waive the requirement for bids, approve funding in the amount of $104,750.00 for Byers Engineering and $127,353.72 for Gerelcom Inc., to complete Phase 3 of the NexusWorx - Fiber mapping project, and authorize the Purchasing Division to issue the required pirchase orders each of these organizations. Attachments: 1. NexusWorx Phase 3 - Byers Engineering Inc. Proposal.pdf 2. NexusWorx Phase 3 - Gerelcom Inc. Proposal.pdf Distribution: Kristin Daniels — Director, Office of Management and Budget Jennifer Hyde — Manager, Purchasing Division Randy King — Manger, Information Systems & Telecommunications Michael Staudt — Manager, Geographic Information Systems WBYERS !ndion River County Implementation ENGINEERING COMPANY BYERS ENGINEERING COMPANY Proposal To Indian River County, Florida Implementation of NexusWorx Phase 3 Byers Engineering Company Mark McDougald - Director Fiber Solutions 6285 Barfield Road Atlanta, GA 30328 404.843.1000 404.843.2000 Fax 49 WVBYERS ENGINEERING COMPANY Revision History: Indian River County Implementation Date Issue Author Notes 11/25/2019 1.0 Mark McCougald 12/12/2019 2.0 Mark McCougald Revised to note that Aerial Splices and Pole mounted splice cabinets will be inventoried by Gerelcom and not part of Byers scope. Copyright © 2019- Byers Engineering Company, Atlanta GA - All rights reserved 2 50 VYVBYERS ENCd11FEER1NCs COMPANY Indian River County Implementation TABLE OF CONTENTS 1. Overview.................................................................................................................................. 4 2. Project Scope............................................................................................................................ 4 IProcess And Task...................................................................................................................... 5 4. Assumptions............................................................................................................................7 5. Cost Breakdown...................................................................................................................... 8 6. Timeline....................................................................................................................................8 Copyright © 2019- Byers Engineering Company, Atlanta GA - All rights reserved 351 BYERS ENGINEERING COMPANY 1. OVERVIEW Indian River County Implementation This proposal is Byers response to Indian River County's (IRC) requests for a survey and inventory of your fiber optic facilities and encoding of a final phase, Phase 3, of the IRC network into Byers NexusWorx fiber management system. In 2017 Byers has conducted a field survey and inventory, including splice verification, for a pilot area. This pilot project has refined the data points needing to be captured and populated in NexusWorx and as such is reflected in this proposal. In the Phase 2 proposal the network was divided into two phases, 2 and 3. The Phase 2 implementation is complete with the exception of updating connectivity. This proposal contains the cost and effort for the phase 3 area to complete the ISP and OSP surveys, encoding updates and connectivity updates as captured by Byers and OSP splice verification vendor. As in Phase 2 Byers will not be responsible for the splice verification effort, but IRC will utilize their vendor of choice for this verification. Byers will identify the splice locations as part of our survey and inventory and provide detail list to IRC of these splice locations with fiber cable sizes. We will update the connectivity based on the splice verification data provided from the splice verification vendor and connectivity data from the ISP inventory. Byers pricing is based on the task and scope as defined within this document and estimated units as outlined below. Unit Number Aerial Route Miles 18 Underground Route Miles 59 ISP Locations 36 Signal Cabinets 42 Byers' lump sum price for each phase including all travel and expenses is as follows. • Phase 3 - $104,750 Byers expects to utilize two survey crews with a lead performing ISP Inventories, they should be local in Indiana River for 4-5 weeks performing these survey's. PROJECT SCOPE The final implementation for the entire IRC network has been subdivided into two project areas which are identified on the map images below. The areas are; Red highlighted areas Pilot, Yellow Phase 2 and Blue is Phase 3 Copyright © 2019- Byers Engineering Company, Atlanta GA - All rights reserved 4 52 BYERS co�wwv Indian River County Implementation 1{ Phase 3 is the northen most blue polygon. 3. PROCESS AND TASK Step I — GIS Data Update In this initial step Byers will utilize an export of the county's GIS database, same format and structure provide in the pilot, and will per:orm a cross check between these features and what was previously provided. Any new features or coordinate changes in the new phases will be loaded into NexusWorx based on the same import rules from the Pilot project. We will not update what has already been updated for Phase 2 or Pilot area. Step 2 — OSPIISP Field Inventory The following covers the task and data that will be collected from the field inventory of ISP and OSP plant. All work will be performed by Byers employees, who primarily are based in our Atlanta office. At the end of the phase, Byers will provide a splice location report, this data can be provided to IBC's splice verification vendor for this task. • Electronic locate of underground facilities in the following scenarios o Conduit runs where Conduit Access Points documented in the GIS but not discovered in the field. o Conduit runs where Conduit Access Points are greater than 600' apart. This is to discover additional Conduit Access Points that might be buried. Copyright © 2019- Byers Engineering Company, Atlanta GA - All rights reserved 553 BYERS rndian River County Implementation ENGINEERING COMPANY _.... ...._.�.._...�......,, ,.,.�,.w o For all direct buried segments. At Underground Handholes o Type and Size o Lid Rating o Locate Ball present. o Number, Type, and Size of Ducts and/or Innerducts o Fiber Optic Cable; Manufacture, Size, Sequentials (at Duct, at Splice Case or Center) o Verify splice closure presence. o Site Pictures. Aerial Locations o Denote and verify Splice Locations and/or Slack Loops from the ground only. Details will be obtained by the splice verification vendor. o Site Pictures. Traffic/Splice Cabinets o Fiber Terminating Devices, Type, Manufacture, Model, Serial #, Number of Ports o Fiber Optic Cable; Manufacture, Size, Sequentials (at Duct, at Splice Case or Center) o Cross -connect (jumpers) Details — Where possible, we do not disconnect or demount equipment. o Site and cabinet content oictures. Equipment Locations (Buildings) o Fiber Terminating Devices, Type, Manufacture, Model, Serial #, Number of Ports, Port Connector Types. o Terminating Conduit — Number, Type and Size of Ducts and/or Innerduct. o Fiber Optic Cable; Manufacture, Size, Sequentials (at Duct, at Splice Case or Center) o Cross -connect (jumpers) Details - Where possible, we do not disconnect or demount equipment. o Rack Details — Type, Size and rack positions for equipment. o Site & equipment pictures Poles o Only visual verification will be performed on Poles, meaning a check to see of pole exists and cable is attached. o All pole mounted splice cabinets will be surveyed by the splice verification vendor and not Byers. The vendor will provide Byers with the splice data the cable sheath particulars. Step 3 — NexusWorx Infrastructure Update. The updating of data in NexusWorx will ir-clude the following items: o Breaking Fibers Optic Cables at inventoried splice locations not found in the GIS data. o Breaking Conduit segments o Updating Conduit Duct Groups ■ Number of Ducts ■ Size ■ Type o Updating Fiber Device attributes including but not limited to: ■ Manufacture ■ Size ■ Strand Group ■ A—ID ■ A_Size_Sequential ■ Z_ID ■ Z_Size_Sequen.ial ■ Length Copyright © 2019- Byers Engineering Company, Atlanta GA - All rights reserved 654 BYERS !ndian River County Implementation ENGINEERING COMPANY .._...._. _ _ .._.. ■ Owned % values o Creating Equipment Location features (Fiber Termination Location) with following attributes. ■ Site Identification Name o Import Fiber Devices inti Traffic Cabinets and Equipment Locations (Buildings) with following attriButes. ■ Comments (Common Name) ■ Manufacture ■ Model (If available) ■ Fiber Mode ■ IP Address (If available)_ ■ Trunk Ports o Attachment of digital pictures for: ■ Conduit Access Points ■ Cabinets ■ Equipment Locations o Creating Building Footprints o Creating Racks and mounting fiber devices and attaching pictures. Step 4 —Build Splice Connectivity in NexusWOrx. Upon completion of splice verification by QC's vendor and providing data that aligns with Byers needs a NexusWorx data technician will utilize the field verified splice data and our ISP connectivity data to build fiber strand and/or port connectivity in NexusWorx. Byers will need to work with IRC to define a Fiber Path naming convention that will be utilized. 4. ASSUMPTIONS The following are the assumptions regarding each phase. Step 1— GIS Data Update — • This will be a cross compare to the initial migrated GIS database, and we'll upload into NexusWorx any new features in GIS, not in the initial data load or removed from the county's GIS as long as the removal appears logical. This is only for the Phase 3 area. • We expect the delta between these data sets is expected to be less than 5%. • Below are the rules utilized in the initial migration and the same applies for the update: o Fibers will be loaded only from County Fiber Optic Cable feature class since this contains all of the consortium fibers. o Fiber Optic Cable feature class contains Copper cables and Conduits which will be extracted and loaded into Copper Cable and Conduit Duct Bank features. o The County Handhole feature class contains, in addition to Handholes, Patch Panel, Traffic Cabinets, and Splice Closure locations. Only Handholes, Traffic Cabinets, and Splice Locations will be loaded with these features. o Fiber Termination or Building locations will be generated from Fiber Building feature class. o Byers will add new attributes to capture percentage ownership. o All data appears to geographically accurate so that no updates will be performed on these features. Fiber cables may be offset to the structures or conduit running line. Step 2 — OSP/ISP Field Inventory & NexusWorx Update • No Manholes exist or any underground structure is requiring mechanical pumping or ventilatior-. Copyright © 2019- Byers Engineering Company, Atlanta GA - All rights reserved 7 55 BYERS ENGINEERING COMPANY .Indian River County Implementation • All Handholes should be visible or can be discovered by; electronic locating method or GPS location. Byers will not be rodding, or pressurize conduit to discover Handhole locations. • Any Handholes/Pull Boxes that cannot be discovered, then determined with IBC's interaction to be covered by hard surface or at unreasonable depths will be the responsibility of IRC to expose for Byers access. Byers will then inventory these locations as long as access can be performed safely within OSHA requirements without additional safety equipment and while survey crews are in local. • Byers will collect GPS r5or any new features and update for those that appear to be inaccurate from the GIS. • IRC will coordinate and/or provide access to building/ISP locations that will work within the timeframe while Byers personnel are on-site. • IRC will provide any requirements, procedures and/or key's required for accessing traffic cabinets. • No surveys will be conducted by Byers that require bucket trucks or latters. Any and all Aerial details will be captured by the splice verification vendor duing that phase. Step 4 - Build Splice Connectivity in NexusWorx. • Splice verification vendor will provide data in format provided by Byers. • Byers timeline assumes that the splice verification vendor can perform their work within an expected timeline that allows Byers to complete our work. It's expected the will work almost parallel with the survey and inventory crews. 5. COST BREAKDOWN Phase 3 — • GIS Data Update - $3,500 • OSP Field Inventory and Survey — $93,250 • Data Encoding & Connectivity — $8,000 6. TIMELINE Byers' expects that we can produce our de=iverables within the following timelines. • GIS Data Update — 30 Calendar Days from provided GIS export. • ISP/OSP Survey and Encoding updates —120 Calendar Days from start of field survey (Byers can commence this as early as first of February) • Fiber Connectivity Updates — 30 Calendar days from the date of being provided all the OSP splice details for all splices. Copyright O 2019- Byers Engineering Company, Atlanta GA - All rights reserved 8 56 t VOICE / DATA/ FIBER CCTV / ACCESS CONTROL / SOUND MANAGEMENT October 27, 2021 Dan Russell (CISSP, ISSEP, PMP) Director, Information Technology Indian River County 180127th Street Vero Beach, FL, 32960 Office - (772) 226-1698 drussell@ircgov.com RE: Nexusworx Phase III Project Gerelcom, Inc. proposes to furnish labor, materials and transportation for the verification of splices within approximately 78 locations throughout the County as determined by Byer's Engineering. The splice information will be forwarded to Byer's Engineering for entry into the Nexusworx System. Variations in the total number of splice locations to be surveyed wil' be billed accordingly. 78 splices to be surveyed $1,632.74 per location Total project price $127,353.72 Please let me know if you have any questions or concerns. Sincerely, Bryan Lanham, RCDD Vice President 560 N.W. Enterprise Drive, Port St. Lucie, Florida 34986 * (772) 340-5998 * Fax (772) 340-3666 E-mail: blanham@gerelco.com * Website: www.gerelco.com INDIAN RIVER COUNTY, FLORIDA U"E' MEMORANDUM TO: Indian River County Board of County Commissioners THROUGH: Jason Brown, County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: One-year extension of agreement between Indian River County (IRC) and AT&T DATE: November 9, 2021 BACKGROUND: On May 8, 2018, the IRC Board of County Commissioners approved three new contract service agreements with AT&T to cover the following County telephone systems: Telephone lines in the Vero Beach AT&T Central Office area, enhanced 911 Phone System, and telephone lines operating in the Sebastian AT&T Central Office area. These AT&T services agreements allow the use of the telephone lines by all offices under the Boarc of County Commissioners and all IRC Constitutional Offices. The terms of the May 8, 2018 AT&T service agreement consisted of an initial 24 -month term and also contained a provision for two (2) one -yea- agreement extensions. The purpose of this proposed BCC agenda item is to exercise the second optional one-year term extension of the AT&T service agreements. ANALYSIS Attached are the IRC BCC approved, 2018 AT&T services agreements, covering PRI (Primary Rate Interface) services, AT&T Centrex Telephone Line Services, 911 ANI (Automatic Number Identification) services, and 911 ALI (Automatic Location Information) services. The additional year extension of these agreements maintains this discount and shields the County against an exponential Telecommunications rate increase. Most of the AT&T Telecommunications services described by these agreements have been migrated to the AT&T HVS VoIP services contract, with the exception of the 911 services. In addition to the 911 services, it is necessary to maintain certain lines covered by these contracts in support of alarm systems and elevator phones. FUNDING Funding for these agreements is present within the budgets of multiple departments. The proposed one-year extension of these AT&T agreements will ensure that there will be no change to the existing AT&T pricing schedules. RECOMMENDATION Staff recommends that the IRC Board of County Commissioners approve the one-year contract term extension in order to maintain the current price structure for these AT&T Telecommunications services and authorize the Information Technology Department to issue the required notices to AT&T. ATTACHMENTS Contract Extension for E911 & PSAP Services, Case Number FL20-0234-02 Contract Extension for Centrex Services Sebastian, Case Number FL18-0618-00 Contract Extension for Centrex & PRI Services Vero Beach, Case Number FL18-0634-00 DISTRIBUTION Jennifer Hyde, Purchasing Manager Kristin Daniels, Director, Office of Management and Budget Randy King, Information Systems & Telecommunications Manager AT&T Business Solutions Attn: LizMary White 321 S.E. 2nd Street Delray Beach, Fla. 33483 email: Iw8703(cD-att.com 561-568-3964 59 MM Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL20-0234-02 AT&T MA Reference No. 139535ua CUSTOMER "Customer" AT&T "AT&T" Indian River County 911 For purposes of this Pricing Schedule, AT&T means the Service StreetAddress: 1800 27 St Provider specifically identified herein. City: Vero Beach State: FL Zip Code: 32960 - Billing Address StreetAddress: 1800 27 St City: Vero Beach State: FL Zip Code: 32960 - CUSTOMER Contact (for Contract Notices) AT&T Sales Contact Information and for Contract Notices Name: Manny Cabo Name: Darren Light Title: Telecommunications Manager Title: Application Sales Executive 3 Telephone: 772-226-1318 Fax: - - Telephone: 407-455-1643 Fax: - - Email: mcabo@ircgov.com Email: d14389@att.com StreetAddress: 1800 27 St Attention: AssistantVice President City: Vero Beach StreetAddress: 2180 Lake Blvd., 7th Floor State: FL Zip Code: 32960- City: Atlanta State: GA Zip Code: 30319 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement SupportTeam Email: mast@att.com This Pricing Schedule Addendum ("Addendum') for the service(s) identified below ("Service') is part of the Agreement referenced above. Customer requests that its identity be kept confidential and not be publicly disclosed by AT&T or by any regulatory commission, unless required by law. THE UNDERSIGNED PARTIES, AT&T Florida, (`Company'] and Indian River County 911 ("Customer'), hereby agree, as acknowledged by their appropriate signatures asset out below, tc amend and change Pricing Schedule FL09-6847-03. This Addendum is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved Guidebooks which are by this reference incorporated herein. Pagel of7 AT&T and Customer Confidential Information 60 M- c Addendum to AT&T LEC Intrastate Pricing Schedule Case Number FL20-0234-02 This Agreement signed by AT&T first, is effective upon Customer signature provided that such fully signed Agreement is returned to AT&T not more than forty-five (45) days after AT&Ts signature date. Any change made to this document renders the Agreement null and void, except for changes expressly authorized by the terms of this Agreement. Offer Expiration: This offer shall expire on: 12/3/2020. Customer (by its authorized representative) AT&T b its authorized representative) B: B:� Printed or Typed Name: Susan Adams Printed or Typed Name: Title: Chairman Title: -1 Date: Date: C) 0 Page 2 of AT&T and Customer Confidential Information 61 3OW Addendum to AT&TILEC Intrastate Pricing Schedule Case Number FL20-0234-02 BOARD OF COUNTY COMMISSIONERS OF , ;'Cii��-;+ls"• InlnlAnl DIVCD r/ll InITV CI-�DlnA T:��Y• " :5/t?�"•. By (.r(' �-�E�, ;Susarl)Adams, Chairman Approved by BCC October 6, 2020 Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency ylan Reingold, goynty Attorney Jason iE. BIrown, County Administrator Page 3 of 7 AT&T and Customer Confidential Information 62 -,9,y'•. •?tai ,. • ���r'f t;JU`;itY k�� ,> Approved by BCC October 6, 2020 Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency ylan Reingold, goynty Attorney Jason iE. BIrown, County Administrator Page 3 of 7 AT&T and Customer Confidential Information 62 Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL20-0234-02 Option 1 oft Service description: SERVICE: This Addendum extends the service period of the existing E911 Public Safety Answering Point (PSAP) equipment and software. TERM: This Addendum to Pricing Schedule FL09.6847-03extendsthe service period for an additional twelve (12) months. Upon mutual agreement of the parties, this Pricing Schedule maybe extended for two (2) additional one-year renewals. All terms and conditions of Pricing Schedule FL09-6847-03 apply to thisAddendum unless modified herein. Upon mutual agreement of the parties, Customer -nay renew ;his Pricing Schedule to provide for an upgrade of the E911 equipment/service. An Upgradeis defined as a replacement of existing equipment to available newer technology at the time of the request. Page of AT&T and Customer Confidential Information 63 Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL20-0234-02 Option 1 of 1 RATES AND CHARGES Rate Elements Non-Recurrina Monthly Rate USOC 1 E911, Automatic Number ID $.00 $47.00 9UK3X 2 E911, Auto Loc ID-Sel Routing $.00 $120.00 9UL3X 3 E911 Automatic Number ID & $.00 $100.00 9UN3X Selective Routing 4 E911, Selective Routing Prov.ded $.00 $82.00 9UR3X for/by Other Company 5 E911 Automatic Number ID, Location $.00 $130.00 9US3X ID & Selective Routing 6 Combined Automatic Number, $.00 $100.00 E8Z Location I D-Sel ecti ve Ro uti n g Page 5 of AT&T and Customer Confidential Information 64 MOM Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL20-0234-02 Option 1 of 1 RATES AND CHARGES NOTES: The'NOTES' Section of the'RATES AND CHARGES' pagesof the existing Pricing Schedule is replaced in its entirety with the following: 1. The Customer must subscribe to additional elements set forth in this Agreement within the first twelve (12) months of acceptance of the Agreement. The addition of elements after the init al twelve (12) month period will require anew Special Service Arrangement. 2, Rates and charges herein are in addition to any applicable-ariff rates and charges. Rules and regulations of the General Subscriber Services Tariff apply. 3. This Agreement does not cover the following: - damages caused by disasters such as fire, flood, wind, lightning, or earthquake. damages caused by unauthorized disconnects or de -powering of the equipment, damages caused by power surges, undervoltage, over voltage, brownouts, or ground faults caused by commercial AC power and/or Customer provided generators. damages caused by modifications to the equipment, unauthorized attachments, alterations, modification or relocation of the equipment by an unauthorized person. damage during shipment otherthan original shipment to the Customer. damage caused byconsumables or spilled liquids, impact with other objects. damage caused by any other abuse, misuse, mishandling, misapplication. damage caused by software viruses, however introduced. ThisAgreementdoes not include hardware orsoftware replacement that maybe required by the introduction of software viruses or lost data regardless of the cause. Company or its supporting vendors may assist in the repair or recovery efforts at current time anc materials rates. Except as provided in Note 4 below, in addition, in the case of damage, loss, theft or destruction of the equipmentor software not due to ordinary wear and tear, the Customer shall be required to pay the expense incurred by the Company in connection with the replacement of the equipment damaged, lost, stolen or destroyed or the expense incurred in restoringit to its original condition. 4. Hardware not provided by the Companywill not be repaired, replaced or maintained by the Company even though interconnected or integral to the Service. All Customer -provided equipment must be clearly marked and listed on a separate worksheet The Customeralso agrees to obtain prior written approval from the Company before additional software is added to the Service and agrees to pay current time and material charges for problems attributable to non -approved software. 5. Customer acknowledges that software installation is limited to the applications sold under this or other AT&T agreements. 6. Customer acknowledges that it has reviewed the proposed configuration and represents storage sizing is adequate for the current site operations. Future operational changes or additional storage requirements may necessitate additional equipment which will be billable to the Customer, 'age6 of AT&T and Customer Confidential Information 65 I at&t Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL20-0234-02 Option I of 1 7. SPECIAL TERMSAND CONDITIONS FOR PSAP — LANCONFIGURATIONS OR INSTALLATIONS CUSTOMER WARRANTS TOAT&TAND ALL 911 EMERGENCY SERVICE USERS THAT THE 911 EQUIPMENTAND/ORSERVICES BEING PROVIDED HEREUNDER, OR PREVIOUSLYSUPPLIED BY AT&T, IS NOT CONNECTED AND WILL NOT BE CONNECTED TO ANY LOCAL AREA NETWORK ("LAN') OR AN" OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL, INCLUDING WITHOUT LIMITATION THE NATIONAL CRIME IN FORMATION CENTER NETWORK ("C IC") OR SIMILAR NETWORK; PROVIDED, HOWEVER, THAT CUSTOMERMAY CONNECT SAID EQUIPMENTAND/OR SERVICESTO THE CIC OR SIMILAR NETWORK IF AND ONLY IF SUCH CONNECTION IS EXPRESSLY APPROVED IN WRITING BY AT&T, WHICH APPROVAL SHALL BE IN AT&T 'S SOLE DISCRETION. AT&T RELIESON THIS REPRESENTATION BY CUSTOMER IN AGREEING TO INSTALLAN D/OIR MAINTAIN SAID EQUIPMENT ANDALL SERVICES THEREON. AT&T MAINTAINS A STRICT POLICY ("PSAP NETWORK SECURITY POLICY') THAT IT WILL INSTALL911 EQUIPMENT ONLY IN A SECURE PSAP LAN, AND ONLY WHERE SUCH LANS ARE NOT CONNECTED TOANY OTHERCOMPUTER NETWORK OU TSI DE OF AT&T'S CONTROL, AT&T WILL NOT INSTALL OR TERMINATE A PSAP LAN TOA FIREWALL. AT&T WILL IDENTIFY THE DEMARCATION POINT FORTH E PSAP LAN, BEYOND WHICH CUSTOMER AGREESTHATAT&T IS NOT RESPONSIBLE, I N THE EVENT CUSTOMER CONNECTS ITS PSAP LAN TOANY OTHER COMPUTER NETWORK, CONTRARYTOAT&T'S EXPRESS PSAP NETWORK SECURITY POLICY(WHICH CUSTOMER ACKNOWLEDGES IT HAS RECEIVED AND READ), AND THE PSAP LAN IS INFECTED OR DAMAGED AS A RESULT OF SUCH ACTIONS, THEN ALL WARRANTIES, AND MAINTENANCE AND SERVICE PROVISIONS OF THIS AGREEMENT SHALL BE NULL AND VOID AND AT&T DISCLAIMSANY LIABILITY WHATSOEVER RELATING TOANY PSAP LAN WHICH CUSTOMEROR ITS.AGENTS CONNECT TOANY OTHER COMPUTER NETWORK CONTRARY TO THE PSAP NETWORK SECURITY POLICY, UNDER SUCH CIRCUMSTANCES, AT&T WILL PROVIDE REPAIRSERVICES FORTHE PSAP LAN AT C USTOM ER'S REQU EST, WHICH WILL BE BILLED ON A TIME AND MATERIALS BASIS AT AT&T'S THEN -PREVAILING SERVICES RATES. CUSTOMER FURTHERAGREESTOINDEMNIFYANDHOLD AT&T HAFWLESSFORANYDAMAGEST00RCLAIMS BY ANY THIRD PARTY AGAINST AT&T WHICH ARISE IN WHOLE OR IN PARTFRCM CUSTOMER'S CONNECTION OF THE 911 EQUIPMENT AN WOR SERVICES BEING PROVIDED HEREUNDER TO ANY LAN OR ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL, INCLUDING WITHOUT LIMITATION THE NATIONAL CIC, 8. In the event that all or any part of this Agreemer t is terminated at the Customer's request prior to the expiration of the Agreement term, the Customer will be required to pay the applicable termination charge as stated in this Agreement. TheAgreementprovisions concerning termination liability shall be inapplicable to any state, county, parish, or municipal governmental entity when there is in effect, as a resuftof action by such entity and through a duly constituted legislative, administrative, or executive body: 1. a statute; 2. an ordinance; 3. a policy directive; or 4, a constitutional provision which restricts or prohibits an additional contractual payment for early termination of a contract byanysuch entity, or agencyth ereof, due to an unavailability of funding, When service is being provided and funding to the governmental entity for such service becomes unavailable, the governmental entity may cancel the service without additional payment obligation, Absent any official statute, ordinance, policy directive, or constitutional provision, the Customer shall be responsible for the termination charge. There are no other additions, deletions or changes to the above referenced Pricing Schedule included in this Addendum. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force and in effect. All trademarks or service marks contained herein are the pro pely of the respective owners. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 7 of 7 AT&T and Customer Confidential Information 66 20180413-8198 Waw Addendum to AT&T ILEC Intrastate Pricing Schedule CUSTOMER Indian River County Street Address: 1600 27th St City: Vero Beach State: FL Zip Code: 32960 - BT! Address Street Address: 1800 27th St City: Vero Beach State: FL Zip Code_ 32960 - CUSTOMER Contact (for Contract Notices) Name: Manny Cabo Title: IT Manager Telephone: 772-226-1318 Fax: Email: mcabo@ircgov.com Street Address: 1800 27th St City: Vero Beach State: FL Zip Code: 32960- FL18-0618-00 Case Number FL18-0618-00 139535UA AT&T MA Reference No. 139535UA AT&T ("AT&T") W For purposes of this Pricing Schedule, AT&T means the Service Provider specifically identified herein, AT&T Sales Contact Information and for Contract Notices Name: Nancy Vlnez Title: Account Manager 2 Telephone: 561-568-3971 Fax: - Email: nv5238@att.com Attention: Assistant Vice President Street Address: 2180 Lake Blvd., 7111 Floor City: Atlanta State: GA Zip Code: 30319 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mastOatt.com This Pricing Schedule Addendum ("Addendum') for the service(s) identified below ("Service") is part of the Agreement referenced above. Customer requests that its identity be kept confidential and not be publicly disclosed by AT&T or by any regulatory commission, unless required by law. THE UNDERSIGNED PARTIES, AT&T Florida, ("Company") and Indian River County ("Customer"), hereby agree, as acknowledged by their appropriate signatures as set out below, tc amend an change Pricing Schedule FL09.5566-03. This Addendum is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved Guidebooks which are by this reference incorporated herein. Page 1 of 5 AW and Customer Confidential Information 67 aW Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL18-0618-00 This Agreement signed by AT&T first, is effective upon Customer signature provided that such fully signed Agreement is returned to AT&T not more than forty-five (45) days after AT&T's signature da'e. Any change made to this document renders the Agreement null and void, except for changes expressly authorized by the terms of this Agreement. Offer Expiration: This offer shall expire on: 0/2018, FCustomer ATBT I (by its aut#+etlzed representative), _ (by its authorized representative) Printed or Typed (/ Printdd or Typed b Name: Peter D. O' Bryan Name:5 Z"a Title: Chaixman Title: c,Q, ; f ZC_i Date: May 8, 2018 Date: �( �( Zpr KG8988 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ( � •'�O�tt4tls" Peter D. O'Bryan, Chairman Approved by BCC May 8 . 2018 'R�''fR COUZ��•• Attest: •• Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By.. Deputy Clerk Approved as to Form and Legal Sufficienq, Dylan , County Administrator Page 2 of 5 AT&T and Customer Confidential Information X aw Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL18-OE18-00 Option 1 of 1 Service description: SERVICE: This addendum provides an extension of Centrex as part of Business Services. TERM: The term of this Agreement is twenty-foir (24) months with two (2) one year renewal options with a sixty (60) day written not.ce to Company from Customer and with mutual agreement by boti parties, All terms and conditions of Pricing Schedule FL09-5566-03 apply to this Addendum unless modified herein. Page 3 of 5 AT&T and CLstomer Confidential Information 69 0aW Addendum to AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES Case Number FI -1 B-0618-00 Option 1 of 1 Rate Elements Non-RecurdRq Monthly Rate USOC There are no changes to the existing $.00 $.00 rate elements. 70 aw Addendum to AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES NOTES: Case Number FL18-0618-00 Option 1 of 1 The 'NOTES' Section of the 'RATES AND CHARGES' pages of the existing Pricing Schedule is modified with the following: SERVICE AND SERVICE COMPONENT WITHDRAWAL Service and Service Component Withdrawals during Pricing Schedule Term Prior Notice Required from AT&T to Withdraw and Terminate a Service 12 months Prior Notice Required from AT&T to Withdraw and _ Terminate a Service Component 120 days EARLY TERMINATION CENTREX If Customer migrates an AT&T ILEC Centrex Service or Service Component, (the "Terminated ILEC Service") to a qualifying AT&T Business Voice over IP (BVoIP) Service, then AT&T will waive the Early Termination Charge directly resulting from terminating the Terminated ILEC Service if: (1) the Terminated ILEC Service has been installed at the Customer site for no fewer than 12 months; (2) the term for the replacement agreement is equal to or greater than the remaining term for the Terminated ILEC Service; (3) the replacement AT&T BVoIP Service is installed or available at the same Customer sites as the Terminated ILEC Service; and (4) activation of the replacement AT&T BVoIP service at the Customer site occurs within 90 days of termination of the Terminated ILEC Service at that Customer site. There are no other additions, deletions or changes to the above referenced Pricing Schedule included in this Addendum. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force and in effect. All trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 5 of 5 AT&T and Customer Confidential Information 71 0 at&t Addendum to AT&T ILEC Intrastate Pricing Schedule Indian River County Street Address: 1800 27th St City: Vero Beach State: FL Zip Code: 32960- Bflllna Address Street Address: 1800 27th St City: Vero Beach State: FL Zip Code: 32960 - CUSTOMER Contact (for Contract Notices) Name: Manny Cabo Title: Telecom Manager Telephone: 772-226-1318 Fax: Email: mcabo@ircgov.com Street Address: 1800 27th St City: Vero Beach State: FL Zip Code: 32960 - Case Number FL18-0634-00 AT&T MA Reference No. 139535UA AT&T ("AT&T") For purposes of this Pricing Schedule, AT&T means the Service Provider specifically identified herein. AT&T Sales Contact Information and for Contract Notices Name: Nancy Vinez Title: Account Manager 2 Telephone: 561-568-3971 Fax: Email: nv5238@att.com Attention: Assistant Vice President Street Address: 2180 Lake Blvd., 71h Floor City: Atlanta State: GA Zip Code: 30319 With a copy to; AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mastaatt com This Pricing Schedule Addendum ("Addendum's for the service(s) identified below ("Service") is part of the Agreement referenced above. Customer requests that its identity be kept confidential and not be publicly disclosed by AT&T or by any regulatory commission, unless required by law. THE UNDERSIGNED PARTIES, AT&T Florida ("Company") and Indian River County ("Customer"), hereby agree, as acknowledge) by their appropriate signatures as set out below, to amend and change Pricing Schedule FL09-6810-03. This Addendum is based upon the following terms and conditions as well as any Altachment(s; affixed and the appropriate lawfully filed and approved Guidebooks which ars by this reference incorporated herein. Page 1 of 5 AT&T and Customer Confidential Information 72 20180413-8181 i6aW Addendum to AT&T ILEC Intrastate Pricing Schedule FL18-0$34-00 Case Number FL18-0634-00 This Agreement signed by AT&T first, is effective upon Cus,.omer signature provided that such fully signed Agreement is returned to AT&T not more than forty-five (45) days after AT&T's signature date. Any change made to this document renders the Agreement null and void, except for changes expressly authorized by the terms of this Agreement. Offer Expiration: This offer shall expire on: 81912018. Customer (by its authorized representative BY: / .. ,(U L,) G Printed or Typed Name: Peter D. Title: Chairman Date: AT&T (by its authorized representative) Printed oITyped �— Rrc�an Name: t.1 OA4- -7 A 1, n 8, 2018____ Title: Date: 4 KG8988 BOARD OF COUNTY COMMISSIONERS OF INDMA; COUNTY, FLORIDA lo��. B _ Y Peter D. O'Bryan, Chairman .�•yRr�£R Coutt��:�'. Approved by BCC May 8. 2018 _ Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: eputy Clerk Approved as to Form and Legal Sufficiency Page 2 of 5 AT&T and Customer Confidential Information 73 aW Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL 18-0634-00 Option 1 of 1 Service description: SERVICE: This addendum provides an extension of Centrex, Primary Rate ISDN and Business Lines as part of Business Services, TERM: The term of this Agreement is twenty-four (24) mowhs with two (2) one year renewal options with a sixty (60) day written notice to Company from Customer and with mutual agreement by bolh parties. All terms and conditions of Pricing Schedule FL09-6810-03 apply to this Addendum unless modified herein. 74 aW Addendum to AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES Case Number FL18-0634-00 Option 1 of 1 Rate Elements Non -Recurring Monthly Rate USCG There are no changes to the existing $.00 $.00 rate elements. Page 4 of 5 AT&T and Customer Confidential Information 75 at&t Addendum to AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES NOTES: Case Number FL18-0634-00 Option 1 of 1 The 'NOTES' Section of the'RATES AND CHARGES' pages of the existing Pricing Schedule is modified with the following: SERVICE AND SERVICE COMPONENT WITHDRAWAL Service and Service Component Withdrawals during Pricing Schedule Term Prior Notice Required from AT&T to Withdraw and Terminate a Service 12 months Prior Notice Required from AT&T to Withdraw and Terminate a Service Component 120 days EARLY TERMINATION CENTREX If Customer migrates an AT&T ILEC Centrex Service or Serv.ce Component, (the "Terminated ILEC Service") to a qualifying AT&T Business Voice over IP (BVoIP) Service, then AT&T will waiva the Early Termination Charge directly resulting from terminating the Terminated ILEC Service if: (1) the Terminated ILEC Service has been installed at the Customer site for no fewer than 12 months; (2) the term for the replacement agreement is equal to or greater than the remaining term for the Terminated ILEC Service; (3) the replacement AT&T BVoIP Service is installed or available at the same Customer sites as the Terminated ILEC Service; and (4) activation of the replacement AT&T BVoIP service at the Customer site occurs within 90 days of termination of the Terminated ILEC Service at that Customer site. There are no other additions, deletions or changes to the above referenced Pricing Schedule included in this Addendum. All other terms and conditions as previously agreed and acknowledged rema;n unchanged and in full force and in effect. All trademarks and service marks contained herein are owner by AT&T Intellectual Property and/or AT&T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 5 of 5 AT&T and Customer Confidential Information 76 INDIAN RIVER COUNTY, FLORIDA 81F MEMORANDUM TO: Indian River County Board of County Commissioners THROUGH: Jason Brown, County Adminisirator Dylan Reingold, County Attorney FROM: Dan Russell, Information Technology Director SUBJECT: DISH Network Cell Site Lease Agreement DATE: November 9, 2021 BACKGROUND: DISH Network LLC has issued a request to the County to lease space on an existing lighting structure within the Dodgertown complex, located at 3901 26' Street, Vero Beach, FL, 32960, for the placement of cellular antenna equipment and space at the base of that lighting structure for placement of the associated grounc equipment. The lease term is for 60 months following the commencement of the equipment installation with automatic renewals of up to (4) additional 60 - month terms. FUNDING If approved, the rent for this lease will be $1,750 per month, or $21,000 annually, with a 2.5% escalation annually at the anniversary of the lease commencement. These revenues will be recorded in the Jackie Robinson Training Complex Fund, account number 308033-362011. RECOMMENDATION Staff has coordinated with the County's Telecommunications Tower Consultant, the County Attorney, and the County's Surveyor on the contents of the attached lease agreement. Staff recommends that the Board approve the lease agreement and authorize the Chairman to execute the lease and any associated lease documentation and permits. ATTACHMENTS MIMIA00558A_Cell Site Lease Agreement (Final)_20211025.pdf DISTRIBUTION Kristin Daniels, Director, Office of Management and Budget Elisa Nagy, Director, Finance Randy King, Information Systems & Telecommunications Manager 77 SITE LEASE AGREEMENT This Site Lease Agreement (the "Agreement") is made and effective as of the date the last Party executes this Agreement (the "Effective Date"), by and between Indian River County, a political subdivision of the State of Florida, having a place of business at 180127th St, Vero Beach, FL 32960 ("Landlord"), and DISH Wireless L.L.C., a Colorado limited liability company having a place of business at 9601 S. Meridian Blvd., Englewood, Colorado 80112 ("Tenant," and together with Landlord, the "Parties," each a "Party"). WITNESSETH: 1. Definitions. "Affiliate(s)" means, with respect to a Party, ary person or entity, directly or indirectly, controlling, controlled by, or under common control with such Party, in each case for so long as such control continues. For purposes of this definition, "control" shall mean (i) the ownership, directly or indirectly, or at least fifty percent (50%) of either: (a) the voting rights attached to issued voting shares; or (b) the power to elect fifty percent (50%) of the directors of such entity, or (ii) the ability to direct the actions of the entity. Notwithstanding the preceding, for purposes of this Agreement, EchoStar Corporation and its direct and indirect subsidiaries shall not be deemed to be "Aff%liates" of Tenant unless after the Effective Date any such entity qualifies as a direct or indirect subsidiary of DISH Network Corporation. "Applicable Law" means any applicable federal, state or local act, law, statute, ordinance, building code, rule, regulation or permit, or any order, judgment, consent or approval of any Governmental Authority having jurisdiction over the Parties or this Agreement. "Governmental Authority" means any: (i) federal, state, county, municipal, tribal or other local government and any political subdivision thereof having jurisdiction over the Parties or this Agreement; (ii) any court or administrative tribunal exercising proper jurisdiction; or (iii) any other governmental, quasi -governmental, self- regulatory, judicial, public or statutory instrumentality, authority, body, agency, bureau or entity of competent jurisdiction. "Installation" means the installation of Tenant's Equipment at the Premises. "Permitted Modifications" means any modifications necessary for the repair, maintenance, and, if necessary, the replacement of any of Tenant's Equipment with like -for -like equipment within the Premises, but does not mean the addition of any equipment or the replacement of equipment with other equipment that causes an increase in the structural loading of the Structure. "Property" means that certain parcel of real property upon which the Structure is located. "Structure" means that certain light pole structure, which is located on the Property. 2. Premises, Term, Rent and Contingencies. 2.1 Premises. Landlord is the owner of the Structure and the Property located at 3901 26TH ST, VERO BEACH, FL 32960 as more particularly described in Exhibit A. Landlord leases to Tenant (a) approximately 100 square feet of ground space, and (b) space on Landlord's Structure, all for the use and operation of Tenant's facilities as such are initially described in Exhibit B, collectively referred to as the "Premises". Landlord also grants to Tenant any easements on, over, under, and across the Property for utilities, fiber and access to the Premises. Landlord agrees that providers of utility or fiber services may use such easement(s) and/or available conduit(s) for Site Number: MIMIA00558A Market: MIAMI Lease Version: 1.0 %g the installation of any equipment necessary to provide utility or fiber service. If the existing utility or fiber sources located within the Premises or on the Property are insufficient for Tenant's Permitted Use, Landlord agrees to grant Tenant and/or the applicable third party utility or fiber provider the right, at Tenant's sole cost and expense, to install such utilities or fiber on, over and/or under the Property as is necessary for Tenant's Permitted Use; provided that Landlord and Tenant shall mutually agree on the location and the timing of such installation(s). 2.2 Term. This Agreement shall be effective as of the Effective Date. The initial term of this Agreement (the "Initial Term") will commence on the first (151) day of the month following the commencement of Tenant's Installation (the "Commencement Date"), and will expire on the last day of the month that is sixty (60) months after the Commencement Date unless terminated sooner, renewed or extended in accordance with this Agreement. The Initial Term shall automatically renew for up to four (4) additional terms of sixty (60) months each (each, a "Renewal Term" and together with the Initial Term, the "Term"). However, Tenant may, in Tenant's sole and absolute discretion, elect not to renew the lease at the end of the then -current Term by giving Landlord written Notice at least ninety (90) days prior to the end of the then -current Term. The Parties agree that, subject to the Contingencies, this Agreement constitutes a binding and valid obligation on each Party and that each Party has vested rights in this Agreement as of the Effective Date. 2.3 Rent. Beginning on the Commencement Date and continuing through the term of this Agreement, Tenant shall pay Landlord rent for the Premises ("Rent") in the amount of one thousand seven hundred fifty and 00/100 Dollars ($1,750.00) per month. The first Rent payment shall be made within twenty (20) business days of the Commencement Date, with subsequent rent payable by the fifth day of each month. On each anniversary of the Commencement Date, the Rent shall be automatically increased by two and a half percent (2.5%) of the then - current Rent. Payments shall be delivered to the address designated by Landlord in Section 12.11, or by electronic payment. All payments for any fractional month shall be prorated based upon the number of days during such month that the payment obligation was in force ("Payment Terms"). Tenant shall require receipt of a validly completed IRS approved W-9 form (or its equivalent) prior to paying any Rent or any other amount(s) due under this Agreement. 2.4 Contingencies. The Parties acknowledge and agree that Tenant's ability to lawfully use the Premises is contingent upon Tenant obtaining all certificates, permits, approvals and other authorizations that may be required by any Governmental Authority in accordance with Applicable Law (collectively, the "Governmental Approvals"). Tenant will endeavorto obtain all such Governmental Approvals promptly. Landlord hereby authorizes Tenant, at Tenant's sole cost and expense, to file and submit for Governmental Approvals. Landlord shall: (a) cooperate with Tenant in Tenant's efforts to obtain such Governmental Approvals; (b) promptly execute and deliver all documents necessary to ob-ain and maintain the Government Approvals; and (c) not take any action that would adversely affect Tenant's ability to obtain and/or maintain the Governmental Approvals. If: (i) any application for Governmental Approvals is rejected, conditioned, materially delayed or otherwise not approved for any or no reason; or (ii) Tenant determines, in Tenant's sole and absolute discretion, that such Governmental Approvals cannot be obtained in a timely and commercially reasonable manner (clauses (i) and (ii) collectively, the "Contingencies"), then, Tenant shall have the right in its sole and absolute discretion to terminate this Agreement immediately upon Notice to Landlord, without penalty or further obligation to Landlord (or Landlord's affiliates, employees, officers, agents or lenders). If, following the Commencement Date, and through no fault of Tenant, any Governmental Approval issued to Tenant is canceled, expires, lapses or is otherwise withdrawn or terminated by the applicable Governmental Authority, then Tenant shall have the right in its sole and absolute discretion to terminate this Agreement upon ninety (90) days' Notice to Landlord without penalty or further obligation to Landlord (or Landlord's affiliates, employees, officers, agents or lenders). If this Agreement is terminated, this Agreement shall be of no further force or effect (except as set forth to the contrary herein). Site Number: MIMIA00558A 79 Market: MIAMI Lease Version: 1.0 3. Use, Access and Modifications to Tenant's Equipment. 3.1 Tenant's Permitted Use. Landlord agrees that Tenant may use the Premises for the purpose of the installation, operation, maintenance and management of a telecommunications facility (including, without limitation, equipment designed to transmit and receive radio frequency signals) (collectively, "Tenant's Equipment"), which shall include the right to replace, repair, add, or otherwise modify any or all of Tenant's Equipment and the frequencies over which Tenant's Equipment operates ("Tenant's Permitted Use"). Landlord acknowledges and agrees that if radio frequency signage and/or barricades are required by Applicable Law, Tenant shall have the right to install the same on the Property. Tenant's Permitted Use does not include the ability to increase the size of equipment or the number of or size of antennas nor does it include adding sub -tenants on the Premises, without authorization from Landlord. Any engineering, structural upgrades, plan review or permitting costs shall be borne by Tenant. Prior to the installation of Tenant's Equipment, Tenant has inspected the Premises and Structure, and Tenant has determined that they are suitable for Tenant's Permitted Use. Landlord makes no expressed or implied warranty or representation with reference to the usability of the Premises for Tenant's Permitted Use. 3.2 Access. Commencing on the Effective Date and continuing throughout the Term, Tenant, its employees, agents and contractors shall have access to the Premises 24 hours per day, 7 days per week and at no additional cost or expense to Tenant, provided that Landlord and Tenant shall mutually agree on the location and the timing of such access. Further, Landlord grants to Tenant the right of ingress and egress to the Structure and the Premises. Prior to entering the Premises, Tenant and its employees, agents, and contractors will be required to obtain a badge through Landlord. Those employees, agents and contractors whom are not pre -credentialed, will need to contact Landlord, at least 24 hours in advance. Should a non -credentialed employee, agent or contractor require access outside of normal business hours or in the case of an emergency, the employee, agent or contractor shall gain access through a credentialed Tenant employee, agent or contractor. 3.3 Modifications to Tenant's Equip=ment. After Tenant's initial Installation, Tenant may make Permitted Modifications without any increase ii Rent or the approval of Landlord, but subject to access requirements of Section 3.2 of this Agreement. For any modification to Tenant's Equipment other than Permitted Modifications, Tenant shall require Landlord's written approval, which shall not be unreasonably conditioned, delayed, or denied. 4. Utilities, Liens and Taxes. 4.1 Utilities. Tenant shall have its own utility meter installed in a mutually agreed upon location at Tenant's expense. 4.2 Liens. There shall be no liens cr mortgages or other security interests that encumber the Premises. 4.3 Taxes. Landlord shall pay all taxes that accrue against the Structure during the Term. If any such tax or excise is levied or assessed directly against Tenant, then Tenant shall be responsible for and shall pay the taxing authority. Tenant shall be liable for all taxes against Tenant's personal property or Tenant's fixtures placed in the Premises, whether levied or assessed agains- Landlord or Tenant. Landlord shall reasonably cooperate with Tenant, at Tenant's expense, in any appeal or challenge to Taxes. If, as a result of any appeal or challenge by Tenant, there is a reduction, credit or repayment received by Landlord for any Taxes previously paid by Tenant, Landlord agrees to promptly reimburse to Tenant the amount of said reduction, credit or repayment. If Tenant does not have the standing rights to pursue a good faith and reasonable dispute of any Taxes under this section, Landlord will pursue such dispute at Tenant's sole cost and expense upon written request of Tenant. Site Number: MIMIA00558A Market: MIAMI Lease Version: 1.0 g0 S. Interference and Relocation of Tenant's Equipment. 5.1 Interference. Tenant agrees to use commercially reasonable efforts to ensure that Tenant's Equipment does not cause measurable transmission or reception Interference (as defined below) wAh any equipment installed at the Structure as of the Effective Date. Following the Effective Date, Landlord agrees not to install or to permit others to install any structure or equipment which could block or otherwise interfere with any transmission or reception by Tenant's Equipment ("Interference"). If Interference continues for a period more than forty-eight (48) hours following a Party's receipt of notification thereof, Landlord shall cause any interfering party to cease operating, and/or relocate, the source of Interference, or to reduce the power sufficiently to minimize the Interference until such Interference can be remedied. 5.2 Relocation of Tenant's Equipment. Following Tenant's receipt of a written Notice from Landlord, Tenant agrees to temporarily relocate its equipment to a mutually agreed upon location on the Property (a "Temporary Location") to facilitate Landlord's performance of maintenance, repair or similar work at the Property or in or on the Structure, provided that: (a) Tenant agrees to pay for all costs incurred by Tenant for relocating Tenant's Equipment to the Temporary Location as well as back to the original location ("Relocation Costs") as set forth below; (b) Landlord gives Tenant at least six (6) months prior written Notice (except in the case of a bona fide emergency which is reasonably likely to result in damage or injury to persons, the Structure or the Property (an "Emergency"), in which event Landlord will provide the greatest amount of notice possible under the circumstances; and (c) except for an Emergency Tenant shall not be required to relocate its equipment to a Temporary Location more than one (1) time within any five (5) year period. If Tenant's use of the Temporary Location requires Tenant to undergo re -zoning or re -permitting, Landlord shall not require Tenant to relocate Tenant's Equipment, absent an Emergency, until Tenant's receipt of all Governmental Approvals applicable to Tenant's use of the Temporary Location. 6. Maintenance and Repair Obligations. 6.1 Landlord Maintenance of the Structure. Landlord represents and warrants that, as of the Effective Date, the Structure, the Structure's systems and all structural elements of the Structure are in compliance with Applicable Law. Throughout the term of this Agreement, Landlord shall maintain, at its sole cost and expense, the Structure and the Property (but not Tenant's Equipment located thereon) in good operating condition. Landlord shall not have any obligation to maintain, repair or replace Tenant's Equipment except to the extent required due to the acts and/or omissions of Landlord, Landlord's agents, contractors or other tenants of the Structure. Landlord agrees to safeguard Tenant's Equipment with the same standard of care it uses to protect its own property, but in no event less than reasonable care. In addition, Tenant may take all actions necessary, in Tenant's reasonable discretion, to secure and/or restrict access to Tenant's Equipment. 6.2 Tenant Maintenance of Tenant's Equipment. Tenant assumes sole responsibility for the maintenance, repair and/or replacement of Tenant's Equipment, except as set forth in Section 6.1. Tenant agrees to perform all maintenance, repair or replacement of Tenant's Equipment ("Tenant Maintenance") in accordance with Applicable Law, and in a good and workmanlike manner. Tenant shall not be permitted to conduct Tenant Maintenance in a manner that would materially increase the size of the Premises. 7. Surrender and Hold Over. 7.1 Surrender. Except as set forth to the contrary herein, within ninety (90) days following the expiration or termination of this Agreement (the "Equipment Removal Period"), in accordance with the terms of this Agreement, Tenant will surrender the Premises to Landlord in a condition similar to that which existed immediately prior to Tenant's Installation together with any additions alteration and improvements to the Premises, in either case, normal wear and tear excepted. If Tenant's Equipment is not removed during the Site Number: MIMIA00558A Market: MIAMI Lease Version: 1.0 �1 Equipment Removal Period, Tenant will be deemed to be in Hold Over (as defined in Section 7.2 below) until Tenant's Equipment is removed from the Premises. Tenant shall have the right to access the Premises or remove any or all of Tenant's Equipment from the Premises at any time during the Term or the Equipment Removal Period. 7.2 Hold Over. If Tenant occupies the Premises beyond the Equipment Removal Period without Landlord's written consent ("Hold Over"), Tenant will be deemed to occupy the Premises on a month-to-month basis, terminable by either Party on thirty (30) days' written Notice to the other Party. All of the terms and provisions of this Agreement shall be applicable during that period, except that Tenant shall pay Landlord a rental fee equal to one hundred fifty percent (150%) of the then current monthly Rent applicable at the expiration or termination of the Agreement, prorated for the number of days of such hold over. 8. Default, Remedies and Termination. 8.1 Default. If any of the following events occur during the Term (each a "Default"), then the non - Defaulting Party may elect one or more of the remedies set forth below in this Section 8 or seek any other remedy available: (a) Tenant's failure to make any payment required by this Agreement within thirty (30) days after receipt of written Notice from the Landlord of such failure to pay; (b) failure by either Party to observe or perform any provision of this Agreement where such failure: (1) continues for a period of thirty (30) days after written Notice thereof from the non -Defaulting Party and the Defaulting Party has failed to cure or commenced the cure of such Default; and/or (2) based upon Tenant's reasonable determination, materially affects Tenant's ability to transmit or receive wireless communications signals to or from the Premises; (c) either Party files a petition in bankruptcy or insolvency or for reorganization or arrangement under the bankruptcy laws or under any insolvency act of any state, or admits the material allegations of any such petition by answer or otherwise, or is dissolved or makes an assignment for the benefit of creditors; and/or (d) involuntary proceedings under any such bankruptcy law or insolvency act or for the dissolution of either Party are instituted against either Party, or a receiver or trustee is appointed for all or substantially all of the property of either Party, and such proceeding is not dismissed, or such receivership or trusteeship vacated within sixty (60) days after such institution or appointment. 8.2 Remedies. Upon the occurrence of any uncured Default, the non -Defaulting Party may thereafter terminate this Agreement immediately :apon written Notice to the other Party without prejudice to any other remedies the non -Defaulting Party may have at law or in equity. 8.3 Termination. Tenant shall have the right to terminate this Agreement without further liability upon one hundred eighty (180) days prior written Notice to Landlord due to any one or more of the following: (i) changes in Applicable Law which prohibit or adversely affect Tenant's ability to operate Tenant's Equipment at the Premises; (ii) Tenant, in its sole discretion, determines that Tenant's Permitted Use of the Premises is obsolete or unnecessary; (iii) Landlord or a third party installs any structure, equipment, or other item which blocks, hinders, limits, or prevents Tenant from being able to use the Tenant Equipment for Tenant's Permitted Use. 9. Limitation of Liability and Indemnification. 9.1 Limitation of Liability. EXCEPT FOR EACH PARTY'S INDEMNIFICATION OBLIGATIONS SET FORTH BELOW IN THIS SECTION 9, NEITHER PARTY NOR ANY OF ITS AGENTS, CONTRACTORS OR EMPLOYEES, SHALL BE LIABLE TO THE OTHER PARTY OR ANY PERSON CLAIMING THROUGH THAT PARTY FOR ANY EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR .ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, CLAIMS CAUSED BY OR RESULTING FROM THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THAT PARTY, ITS AGENTS, CONTRACTORS OR EMPLOYEES. LANDLORD'S LIABILITY SHALL ONLY BE TO THE LIMITS SET FORTH IN SECTION 768.28, FLORIDA STATUTES. Site Number: MIMIA00558A 82 Market: MIAMI Lease Version: 1.0 9.2 Tenant's Indemnity. Except to the extent caused by the breach of this Agreement by Landlord or the acts or omissions of Landlord, its officers, agents, employees, contractors, or any other person or entity for whom Landlord is legally responsible, Tenant shall defend, indemnify and hold Landlord and its officers, directors, shareholders, employees, agents and representatives ("Landlord's Representatives") harmless from and against any and all claims, demands, litigation, settlements, judgments, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees) (individually or collectively, a "Claim") arising directly or indirectly out of: (i) any act or omission of Tenant, its officers, agents, employees, contractors, or any other person or entity for whom Tenant is legally responsible ("Tenant's Representatives"); or (ii) a breach of any representation, warranty or covenant of Tenant contained or incorporated in this Agreement. Tenant's obligations under this Section 9.2 shall survive the expiration or earlier termination of this Agreement for two (2) years. 9.3 Landlord's Indemnity. Except to the extent caused by the breach of this Agreement by Tenant or the acts or omissions of Tenant or Tenant's Representatives, , Landlord shall defend, indemnify and hold Tenant, its officers, directors, shareholders, employees, agents and representatives harmless from and against any and all Claims arising directly or indirectly out of: (i) any act or omission of Landlord, its officers, agents, employees, contractors or any other person or entity for whom Landlord is legally responsible; (ii) a breach of any representation, warranty or covenant of Landlord contained or incorporated in this Agreement; and/or (iii) the generation, possession, use, storage, presence, release, spill, treatment, transportation, manufacture, refinement, handling, production and/or disposal of Hazardous Substances in, on, about, adjacent to, under or near the Premises, the Structure and/or the Property, and/or any contamination of the Premises, the Structure and/or the Property by any Hazardous Substance, but only to the extent not caused by Tenant or Tenant's Representatives. Landlord's obligations under this Section 9.3 shall survive the expiration or earlier termination of this Agreement for two (2) years. Landlord's obligations under this section shall only be to the limits set forth in section 768.28, Florida Statutes. 9.4 Indemnification Procedure. The Party seeking indemnification (the "Indemnified Party") shall promptly send Notice to the Party from whom indemnification is being sought (the "Indemnifying Party") of the claim or suit forwhich indemnification is sought. The Indemnified Party shall not make any admission as to liability or agree to any settlement of or compromise any claim without the prior written consent of the Indemnifying Party. The Indemnified Party shall, at the Indemnifying Party request and expense, give the Indemnifying Party all reasonable assistance in connection with those negotiations and litigation. 10. Insurance. 10.1 Landlord Obligations. Throughout the Term, Landlord shall maintain, at Landlord's sole cost and expense, the following insurance coverage (i) Commercial General Liability of not less than $1,000,000 per occurrence and $2,000,000 aggregate; Property Insurance on the Premises to include all perils coverage such as fire, wind, names storms and other hazards. 10.2 Tenant Obligations. Throughout the Term, Tenant shall maintain, at Tenant's sole cost and expense, the following insurance coverage: (i) workers' compensation insurance with no less than the minimum limits required by Applicable Law; (ii) employer's liability insurance with such limits as required by Applicable Law; and (iii) Commercial General Liability with a minimum limit of $1,000,000 per occurrence and $2,000,000 aggregate to include Landlord as additional insured..Tenant shall provide Landlord's Risk manager with a certificate of insurance confirming that such policy has been obtained and is in full force and effect, and confirming that such policy will not be cancelled without thirty (30) days' prior written notice to Landlord. Such policy shall be primary to any liability insurance obtained by Landlord. Site Number: MIMIA00558A Market: MIAMI Lease Version: 1.0 g3 10.3 Insurance Requirements. All policies required by this Section 10 shall be issued by insurers that are (1) licensed to do business in the state in which the Property and/or Structure are located, and (2) rated A- or better by Best's Key Rating Guide. 10.4 Waiver of Subrogation. To the fullest extent permitted by law, Landlord and Tenant for themselves and any and all parties claiming under or through them, including, without limitation, their respective insurers, hereby mutually release and discharge each other and the other's Affiliates, and their respective officers, directors, shareholders, agents, employees, contractors, and/or any other person or entity for whom a Party is legally responsible from any claims for damage to any person or to the Premises or any other real or personal property that are or are claimed to have been caused by or result from risks insured against under any insurance policies carried by the waiving party and in force at the time of such damage and hereby waive any right of subrogation that might otherwise exist in or accrue to any person on account thereof. All policies required to be carried by either Party herein shall contain an endorsement in favor of the other Party waiving the insurance company's right of subrogation against such other Party. THIS RELEASE SHALL APPLY EVEN IF THE LOSS OR DAMAGE IS CAUSED BY THE FAULT OR NEGLIGENCE OF A PARTY HERETO OR BY ANY PERSON FOR WHICH SUCH PARTY IS RESPONSIBLE. EACH PARTY AGREES TO NOTIFY ITS INSURANCE CARRIER(S) OF THIS PROVISION. 11. Representations and Warranties. 11.1 Representations and Warranties. Landlord represents, warrants and covenants that: (a) Landlord has the right and authority to execute and perform this Agreement; (b) there are no liens, judgments or othertitle matters materially and adversely affecting Landlord's title to the Property; (c) there are no covenants, easements or restrictions that prevent the use of the Premises for Tenant's Permitted Use; (d) the Structure and the Premises are in good repair; (e) Landlord will comply with allfederal, state, and local laws in connection with any substances brought on to the Property and/or Structure that are identified as toxic or hazardous by any Applicable Law, ordinance or regulation ("Hazardous Substance"); and (f) Tenant's use and quiet enjoyment of the Premises shall not be disturbed. Landlord is responsible for any loss or damage, including remediation, with respect to Hazardous Substances as per Applicable Law. Landlord understands and agrees that notwithstanding anything contained in this Agreement to the contrary, in no event shall Tenant have any liability whatsoever with respect to any Hazardous Substance that was on, about, adjacent to, under or near the Structure prior to the Effective Date, or that was generated, possessed, used, stored, released, spilled, treated, transported, manufactured, refined, handled, produced or disposed of on, about, adjacent to, under or near the Property and/or Structure by: (1) Landlord, its agents, employees, contractors or invitees; or (2) any third party who is not an employee, agent, contractor or invitee of Tenant. 12. Miscellaneous. 12.1 Assignment. Neither Party may assign or otherwise transfer any of its rights or obligations under this Agreement to any third party without the prior written approval of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, either Party may assign or transfer some or all of its rights and/or obligations under the Agreement to: (i) an Affiliate; (ii) a successor entity to its business, whether by merger, consolidation, reorganization, or by sale of all or substantially all of its assets or stock; (iii) any entity in which a Party or its Affiliates have any direct or indirect equity investment; and/or (iv) any other entity directly or indirectly controlling, controlled by or under common control with any of the foregoing, and in each case, such assignment, transfer or other such transaction shall not be considered an assignment under this Section 12.1 requiring consent and the non -assigning Party shall have no right to delay, alter or impede such assignment or transfer. 12.2 Rights Upon Sale of Property or Structure. Should Landlord, at any time during the Term, sell or transfer all or any part of the Property or the Structure to a purchaser other than Tenant, such transfer shall be Site Number: MIMIA00558A Market: MIAMI Lease Version: 1.0 g4 subject to this Agreement and Landlord shall require any such purchaser or transferee to recognize Tenant's rights under the terms of this Agreement in a written instrument signed by Landlord and the third party transferee. If Landlord completes any such transfer without executing such a written instrument, then Landlord shall not be released from its obligations to Tenant under this Agreement, and Tenant shall have the right to look to Landlord and the third party for the full performance of chis Agreement. In addition to, and not in limitation of the preceding, in the event the Landlord sel's or transfers either its rights in all or any portion of the Premises or Landlord's right to the receive the Rent (and other payments) derived from the Premises under this Agreement, in either case separate from the underlying Structure and/or Property, to any third party who is not an Affiliate of Landlord, then prior to any such sale or transfer Landlord shall first provide Tenant with a right of first refusal ("ROFR") to acquire such right(s). In order to evaluate the terms and conditions offered to Landlord by such third party Landlord shall provide Tenant with a full, complete and unredacted copy thereof and Tenant shall have thirty (30) days from receipt thereof to elect to exercise its ROFR; provided that Tenant's exercise of the ROFR shall be on the same terms and conditions as offered to Landlord by such third party (except as may be mutually agreed upon to the contrary). 12.3 Reserved. 12.4 Condemnation. If all or any portion of the Premises is condemned, taken by a Governmental Authority or otherwise appropriated by the exercise of the right of eminent domain or a deed or conveyance in lieu of eminent domain (each, a "Taking"), either Party hereto shall have the right to terminate this Agreement immediately upon Notice to the other Party. If either Party elects to terminate this Agreement, the Rent set forth herein shall be abated, and Tenant's liability therefor will cease as of the date of such Taking, this Agreement shall terminate as of such date, and any prepaid rent shall be returned to Tenant. If this Agreement is not terminated as herein provided, then it shall continue in full force and effect, and Landlord shall, within a reasonable time after possession is physically taken by the condemning authority restore the remaining portion of the Premises to render it reasonably suitable for the uses permitted by this Agreement and the Rent shall be proportionately and equitably reduced. Notwithstanding the foregoing-. Landlord shall not be obligated to expend an amount greater than the proceeds received from the cor•.demning authority less all expenses reasonably incurred in connection therewith (including attorneys' fees) for the resto,ation. All compensation awarded in connection with a Taking shall be the property of Landlord, provided that if allowed under Applicable Law, Tenant may apply for and keep as its property a separate award for (i) the value of Tenant's leasehold interest; (ii) the value of Tenant's Equipment or other personal property of Tenant; (ii') Tenant's relocation expenses; and (iv) damages to Tenant's business incurred as a result of such Taking. 12.5 Recording. If requested by Tenant, Landlord and Tenant agree to execute a Memorandum of Lease that Tenant may record at Tenant's sole cost and expense. The date set forth in the Memorandum of Lease is for recording purposes only, and bears no reference to commencement of the Term or rent payments of any kind. 12.6 Force Maieure. Notwithstanding anything to the contrary in this Agreement, neither Party shall be liable to the other Party for nonperformance or delay in performance of any of its obligations under this Agreement due to causes beyond its reasonable control, including, without limitation, strikes, lockouts, pandemics, labor troubles, acts of God, accidents, technical failure governmental restrictions, insurrections, riots, enemy act, war, civil commotion, fire, explosion, flood, windstorm, earthquake, natural disaster or other casualty ("Force Majeure"). Upon the occurrence of a Force Majeure condition, the affected Party shall immediately notify the other Party with as much detail as possible and shall promptly inform the other Party of any further developments. Immediately afterthe Force Majeure event is removed or abates, the affected Party shall perform such obligations with all due speed. Neither Party shall be deemed in default of this Agreement to the extent that a delay or other breach is due to or related to a Force Majeure event. A proportion of the Rent herein reserved, according to the extent that such Force Majeure event shall interfere with the full enjoyment and use of the Site Number: MIMIA00558A Market: MIAMI Lease Version: 1.0 $5 Premises, shall be suspended and abated from the date of commencement of such Force Majeure event until the date that such Force Majeure event subsides. If such Force Majeure event prevents the affected Party from performing its obligations under this Agreement, in whole or in part, for a period of forty-five (45) or more days, then the other Party may terminate this Agreement immediately upon Notice to the affected Party. 12.7 Successors and Assigns. The respective rights and obligations provided in this Agreement shall bind and shall continue to apply for the benefit of the Parties hereto, their legal representative, heirs, successors and permitted assigns. No rights however, shall continue to apply for the benefit of any assignee, unless such assignment was made in accordance with Section 12.1 of this Agreement. 12.8 Governing Law and Construction. This Agreement shall be construed, governed and enforced in accordance with the laws of the state in which the Premises is located. The section and paragraph headings contained in this Agreement are solely for refere-ice purposes, and shall not affect in any way the meaning or interpretation of this Agreement. 12.9 Severability. Each provis'on of this Agreement shall be construed as separable and divisible from every other provision and the enforceability of any one provision shall not limit the enforceability, in whole or in part, of any other provision. If a court or administrative body of competent jurisdiction holds any provision of this Agreement to be invalid, illegal, void or less than fully enforceable as to time, scope or otherwise, such provision shall be construed by limiting and reducing it so that such provision is valid, legal and fully enforceable while preserving to the greatest extent permissible the original intent of the parties; the remaining terms and conditions of this Agreement shall not be affected by such alteration, and shall remain in full force and effect. 12.10 Waiver; Remedies. It is agreed that, except as expressly set forth in this Agreement, the rights and remedies herein provided in case of Default or breach by either Landlord or Tenant are cumulative and shall not affect in any manner any other remedies that the non -breaching Party may have by reason of such default or breach. The exercise of any right or remedy herein provided shall be without prejudice to the right to exercise any other right or remedy provided herein, at law, in equity or otherwise. [Note: Section 5 contains remedies and apportions costs.] 12.11 Notice. All notices or requests that are required or permitted to be given pursuant to this Agreement must be given in writing by certified US mail (postage pre -paid) with return receipt requested or by courier service (charges prepaid), or solely in the case of notice to Landlord by email, to the party to be notified, addressed to such party at the address(es) or email address(es) set forth below, or such other address(es), email address(es) or fax number(s) as such Party may have substituted by written notice (given in accordance with this Section 12.11) to the other Party ("Notice"). The sending of such Notice to the proper email address (in the case of email transmission) or the receipt of such Notice (in the case of delivery by first-class certified mail or by courier service) will constitute the giving thereof. If to be given to Landlord: Indian River County Board of County Commissioners Attn: Finance Department 180127th Street Vero Beach, Florida, 32960 If to be given to Tenant: DISH Wireless L.L.C. Attn: Lease Administration 5701 South Santa Fe Blvd. Littleton, Colorado 80120 12.12 Entire Agreement. This Agreement sets forth the entire, final and complete understanding between the Parties hereto regarding the subject matter of this Agreement, and it supersedes and replaces all previous understandings or agreements, written, oral, or implied, regarding the subject matter of this Agreement Site Number: MIMIA00558A Market: MIAMI Lease Version: 1.0 g6 made or existing before the date of this Agreement. Except as expressly provided by this Agreement, no waiver or modification of any of the terms or conditions of this Agreement shall be effective unless in writing and signed by both Parties. Any provision of this Agreement that logically would be expected to survive termination or expiration, shall survive for a reasonable time period under the circumstances, whether or not specifically provided in this Agreement. 12.13 Compliance with Law. Each Party shall, with respect to its actions and/or inactions pursuant to and in connection with this Agreement, comply with all applicable statutes, laws, rules, ordinances, codes and governmental or quasi -governmental orders or regulations (in each case, whether federal, state, local or otherwise) and all amendments thereto, now enacted or hereafter promulgated and in force during the term of this Agreement, a Renewal Term or any extension of either of the foregoing. 12.14 Counterparts. This Agreement may be executed in any number of identical counterparts and, if so executed, shall constitute one agreement, binding on all the Parties hereto, notwithstanding that all the Parties are not signatories to the original or the same counterpart. Execution of this Agreement by facsimile or electronic signature shall be effective to create a binding agreement and, if requested, Landlord and Tenant agree to exchange original signed counterparts in their possession. 12.15 Attorneys' Fees. If an action is brought by either Party for breach of any covenant and/or to enforce or interpret any provision of this Agreeme-it, each Party shall be required to cover its own costs, expenses and reasonable attorneys' fees, both at trial and on appeal, without expectation of reimbursement in any form. 12.16 Incorporation of Exhibits. All exhibits referenced herein and attached hereto are hereby incorporated herein in their entirety by this reference. [Remainder of page intentionally left blank. Signature page follows. ] Site Number: MIMIA00558A g% Market: MIAMI Lease Version: 1.0 IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this Agreement as of the Effective Date. LANDLORD: TENANT: Indian River County, DISH WIRELESS L.L.C. a political subdivision of the State of Florida By: By: Name: Name: Its: Its: Date: Date: Site Number: MIMIA00558A Market: MIAMI Lease Version: 1.0 gg EXHIBIT A LEGAL DESCRIPTION OF PROPERTY VERO BEACH MUNICIPAL AIRPORT PBUR 1-66 SEC 3 TWP 33 RING 39 TRS 2, 3, 4, AND 6 BEING MORE PART BOUNDED AND DESC AS FOLL COM AT THE NE CO. OF SEC 3 PROCEED N89 -45-39W FOR A DIS OF 1997.62 FT TO A POINT TH SO4-15-11W FOR A DIS OF 30.07 FT TO A POINT ON THE WLY ROW LINE OF AIRPORT DRIVE AKA 34TH AVE A 90 FT ROW SAID POINT BEING THE PC3 TH CONT AL SAID WLY ROW LINE 510-36-49W FOR A DIS OF 37.55 FT TO THE POC OF A TANG CURVE CONCAVE TOT EH W HAVING A RADIUS OF 1125.14 FT AND AN CENTRAL ANGLE OF 09-30-8 TH S AL SAID CURVE FOR A DIS OF 186.60 FT TH S 20-06-57W FOR A DIS OF 82.11 FT TO A POC OF A TANGENT CURVE CONCAVE TO THE E HAVING A RADIUS OF 1825.86 FT AND A CENTRAL ANGLE OF 19-54-25 TH S AL SAID CURVE A DIS OF 634.38 FT TH 500-12-32W FOR A DIS OF 55.06 FT TO A POINT ON THE N ROW LINE OF INDIAN RIVER FARMS DRAINAGE DISTRICT MAIN CANAL TH AL SAID NLY ROW LINE 569-22-53W FOR A DIS OF 482.50 FT TH N 15-50-35W FOR A DIS OF 50.17 FT TO A POINT 50 FT N OF AFORESID MAIN CANAL N ROW LINE TH S69 -22-53W AL SAID LINE PARA AND 50 FT N OF SAID MAIN CANAL N ROW LINE A DIS OF 1001.21 FT TH N18 -15-26W FOR A DIS OF 386.46 FT TH N63 -53-04W FOR A DIS OF 346.06 FT TH N89 -45-39W TH N89 -45-39W FOR A ID OF 450.56 TH NO -14-21W FOR A DIS OF 360.85 FT TH NO3-32-27E FOR A DIS OF 582.12 FT TO A POINT 30 FT SLY OF THE N LINE OF SEC 3 TH 589-34-39E FOR A DIS OF 2443.93 FT TO THE POB Site Number: MIMIA00558A Market: MIAMI Lease Version: 1.0 g9 O 0 0 v v J17) 00 O� � GCv,��I43m� •z 5' O 0 0 v v J17) 00 9n�a Z g o£i �� c •Ee € � rW W5 iA 5 � Leslie R. Swan Supervisor of Elections Indian River County October 28, 2021 The Honorable Joseph E. Flescher, Chairman Indian River County Board of County Commissioners Building A 1801 271h Street Vero Beach, FL 32960-3388 Dear Chairman Flescher: RECEIVED OCT 2 8 2021 BOAR ° i O JfS�t:i�ir'i:r`•' LIS Commissioners _ tdministretor _. Attorney (01'munil; NY. Emerl. Services Generei :.ervi%s Human renurces OMC Public Works Recreolior. U►ifitiPs Services Icher Attached is check number 4761 in the amount of $ 9,382.39 which represents funds due to the Board of County Commissioners for the period ending September 30, 2021, as detailed below: SOE Fees $ 1,221.80 Excess 20/21 Budget $ 8,160.59 TOTAL $ 9,382.39 Should you have any questions or require additional information, please do not hesitate to contact me at 226-4705. Sincerely, Leslie Rossway Swan Supervisor of Elections CC: Elissa Nagy, Finance Director Kristin Daniels, Budget Director 92 4375 43'j Avenue - Vero Beach, FL 32967 1 Office: (772) 226-3440 1 Fax: (772) 770-5367 1 wwwvoteindianriv JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 2r Street Vero Beach, FL 32960 Telephone: (772) 226-1945 October 27, 2021 Honorable Joseph Flescher, Chairman and Indian River County Board of County Commissioners 1801 27`" Street Vero Beach, FL 32960 Dear Chairman Flescher and County Commissioners: compT o a 9 C SER CCUNty Enclosed please find our check in the amount of $356,853.95 which represents excess fees for non - court operations and is approximately $94,000 higher than last year. I am pleased to return this record amount which, combined with the prior two years of excess fees, exceeds $820,000 returned to the Board over that time. This has been accomplished through the great work of my staff and withstanding the effects of the global pandemic. I would like to take this opportunity to thank the Board and County Administration for their assistance, support and leadership throughout the pandemic. The E -Procurement and Accounts Payable Workflow modules soon will be fully implemented in all departments, which will realize even more increased efficiencies. I would also like to take this opportunity to make you aware of our new website www.indianriverclerk.com Please feel free to maneuver through our website and make any constructive recommendations that will improve it for all users. Should anyone have any questions on the attached report, please contact me at extension 3103 or Elissa Nagy at extension 1570. Sincerely, Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Court and Comptroller Cc: Jason Brown, County Administrator Kristin Daniels, Budget Director Elissa Nagy, Finance Director Cindy Carlsward, Court Operations Director Ryan Butler, Chief Deputy 93 INDIAN RIVER COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL GENERALFUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 REVENUES NON COURT OPERATIONS REVENUE COURT OPERATIONS REVENUE MISCELLANEOUS REVENUES TOTALREVENUES EXPENDITURES PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES GENERALFUND OTHER FINANCING SOURCES (USES) TRANSFERS FROM BOARD OF COUNTY COMMISSIONERS TRANSFERS TO BOCC TOTAL OTHER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OT-iER USES FUND BALANCES 10/01120 FUND BALANCES 9130121 I, Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller of Indian River County, Florida, do hereby certify that the foregoing are true and accurate annual reports of all official expenses and net income and unexpended budget balances as of the close of the fiscal year ended September 30,2021 1 have hereunto set my official seal this date, October 27, 2021 Jeffr R ito rk of Circuit Court and Comptroller 1,208,394 1,208,394 - (356,853) (356,853) 1,208,394 851,541 (356,853) VARIANCE FINAL FAVORABLE BUDGET ACTUAL (UNFAVORABLE) $ 1,463,500 $ 1,751,434 $ 287,934 2,925,460 3,494,093 568,633 36,052 79,377 43,325 4,425,012 5,324,904 899,892 5,110,442 5,059,162 51,280 475,464 1,071,608 (596,144) 47,500 45,675 1,825 5,633,406 6.176,445 (543.039) (1,208,394) (851,541) 356,853 OTHER FINANCING SOURCES (USES) TRANSFERS FROM BOARD OF COUNTY COMMISSIONERS TRANSFERS TO BOCC TOTAL OTHER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OT-iER USES FUND BALANCES 10/01120 FUND BALANCES 9130121 I, Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller of Indian River County, Florida, do hereby certify that the foregoing are true and accurate annual reports of all official expenses and net income and unexpended budget balances as of the close of the fiscal year ended September 30,2021 1 have hereunto set my official seal this date, October 27, 2021 Jeffr R ito rk of Circuit Court and Comptroller 1,208,394 1,208,394 - (356,853) (356,853) 1,208,394 851,541 (356,853) 94 S - 94 `O ° Jeffrey R. Smith Vendor Check Clerk of the Circuit Court & Comptromer Number Date A '! Indian River County, Florida 77 10/27/2021 P.O. Box 1028 Vero Beach, FL 32960 `Three Hundred Fifty-six Thousand Eight Hundred Fifty-three Dollars and 95 Cents' Pay INDIAN RIVER COUNTY BOARD OF COUNTY To the COMMISSIONER Order Of , - Check Number 10482 $356,853.95 FILE COPY NON-NEGOTIABLE Jeffrey R. Smith Clerk of the Circuit Court & Comptroller, Indian River County, Vero Beach, Florida PAGE: 1 OF 1 CHECK NUMBER: 00010482 {NvCE:DATE.VOICE MUMBER _ Y — :INCRIPTTON 1012712021 FY2021-2022 EXCESS FY 2021-2022 EXCESS FEES GL#:010 - 208008 $1,001.47 GL#:050 - 208008 $355,852.48 $356,853.95 10482 = __ nd&r'Name -_ -_ :_= _CheertNo _ -;C-hecicpate� 77 INDIAN RIVER COUNTY BOARD OF COUNTY... 10482 10/27/2021 $35 53.95 TO: FROM: SUBJECT: DATE: Carole Jean Jordan, CFC Tax Collector "HOW MAY WE HELP YOU?"" MEMORANDUM Jason Brown, County Administrator Carole Jean Jordan, Tax Collector Agenda Item October 28, 2021 �.C. Please place the following on the Agenda for the Board of County Commissioners meeting on Tuesday November 9, 2021 under Constitutional Officer's Matters: Tax Collector, Carole Jean Jordan. We are hereby presenting our Annual Fiscal Report for the Fiscal Year Ended September 30, 2021 as required by Section 218.36 of the Florida Statutes. Also attached is the Report of Distribution of Excess Fees for fiscal year ended September 30, 2021. Thank you for your attention to this matter, and if you have any questions or if we can be of any assistance, please feel free to call me at extension 1335. 61 a, /,, 9, ( �, a, cc: Kristen Daniels, Budget Director Elissa Nagy, Finance Director P.O. Box 1509, Vero Beach, FL 32961-1509 E-mail: TaxCol lector(& i rcta x.com Website: www.irctax.com Phone: (772)226-1338 Fax(772)770-5009 96 EXCESS2021 INDIAN RIVER COUNTY TAX COLLECTOR CAROLE JEAN JORDAN, TAX COLLECTOR EXCESS FEE DISTRIBUTION YEAR ENDING SEP -EMBER 30, 2021 DUE TO COUNTY 100.208.1000 $ 2,209,418.28 DUE TO OTHER GOVT 100.208.0000 $ 235,247.30 TOTAL EXCESS FEES $ 2,444,665.58 ALLOC 90.38/0 9.620 97 COMMISSIONS 9/30/2021 COLLECTED EXCESS FEES AGENCY 2020/2021 $ 2,444,665.58 GENERAL FUND $ 5,196,013.09 $ 2,209,418.28 FIND $ 12,130.80 $ 5,158.23 SCHOOL BOARD $ 1.19 $ 0.51 ST JOHNS WMD $ 86,702.12 $ 36,867.17 SEB INLET DIST $ 8,256.15 $ 3,509.93 MOSQUITO CONT $ 95,113.04 $ 40,443.76 HOSPITAL $ 303,659.18 $ 129,121.06 FELLSMERE WCD $ 1,500.00 $ 637.83 IR FARMS WCD $ 1,500.00 $ 637.83 ST JOHNS IMPROVE DIST $ 1,500.00 $ 637.83 SEB RIVER IMPROV DISTRICT $ 1,500.00 $ 637.83 VERO LAKES WCD $ 19.04 $ 8.10 DELTA FARMS WCD $ 1,500.00 $ 637.83 SEBASTIAN STORM DRAIN $ 39,862.16 $ 16,949.39 TOTAL $ 5,749,256.77 $ 2,444,665.58 DUE TO COUNTY 100.208.1000 $ 2,209,418.28 DUE TO OTHER GOVT 100.208.0000 $ 235,247.30 TOTAL EXCESS FEES $ 2,444,665.58 ALLOC 90.38/0 9.620 97 0 8 §c c } )§ §� t k E§ 0 z §fw [ L c w o | 2 /2k c LL j§§ LL0 §§2 )2§/ E$/ �\w« - �k)//§$§ CO )CO I § k to co k 'k )' co 7 § $ ° ° ¥ » R]]22 ] ]2 FOI ] ] � w n 0 LU ( % n \ D 2 k � ( Mn LU U. IX U) D n LL. E z /A§ F -k § < c §)§x §k§ < �LL \�>u ) \{ u o<m� gM§ m oLLLL/k $U)co2 k e o><o ��- u «oeou uuwW < b 8w§CL § ..0 E <ouLu� EEE2 E u 5 Cl) w 0wo>mFRI ® co X82= comms § [_ \ k S=Ew22�$§o E \ �2�0E U)a«� cr� n n ez z Eu-j� 3 z3Kk�G§2k[ k w DRUM wwmxm a 5 A § § / {/§/§§±§ ¥ §gwww5 aƒ¥2h w / ) j 2 0 D D D z uw¥eo « o < oo �>w&m 0 <<oo0D 0000< w z L e e o�u<$U) w F 2 F / }§ A § °w §� LU CL co DLU ogu0, °okJ§ §()I3 7RmI� < o/ Lk k �§ / E 0 /7 CL /§ Z/ § z Co Lu F3 < zE§§ §}/§ \ §§�E �w<w E /()[2 0 8 §c c } )§ §� t k E§ 0 z §fw [ L c w o | 2 /2k c LL j§§ LL0 §§2 )2§/ E$/ �\w« - �k)//§$§ CO )CO I § k to co k 'k )' co 7 § $ ° ° ¥ » R]]22 ] ]2 FOI ] ] � w n 0 LU ( % n \ D 2 k � ( Mn LU U. IX U) D n LL. E z /A§ F -k § < c §)§x §k§ < �LL \�>u ) \{ u o<m� gM§ m oLLLL/k $U)co2 k e o><o ��- u «oeou uuwW < b 8w§CL § ..0 E <ouLu� EEE2 E u 5 Cl) w 0wo>mFRI ® co X82= comms § [_ \ k S=Ew22�$§o E \ �2�0E U)a«� cr� n n ez z Eu-j� 3 z3Kk�G§2k[ k w DRUM wwmxm a 5 A § § / {/§/§§±§ ¥ §gwww5 aƒ¥2h w / ) j 2 0 D D D z uw¥eo « o < oo �>w&m 0 <<oo0D 0000< w z L e e o�u<$U) w F 2 F / FINST2021(B) TAX COLLECTOR, INDIAN RIVER COUNTY CAROLE JEAN JORDAN, TAX COLLECTOR FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2021 INDIAN RIVER COUNTY, FLORIDA TAX COLLECTOR STATEMENT OF REVENUE S,EXPENDITURESAND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL ALL GOVERNMENTAL FUNDS FOR THE YEAR ENDED S—EPTEMBER 30, 2021 GENERALFUND VARIANCE FAVORABLE REVENUES ACCOUNT NUMBER BUDGET ACTUAL (UNFAVORABLE) % CHARGES FOR SERVICES: COUNTY OFFICERS COMMISSIONS MISCELLANEOUS REVENUES: INTEREST OTHER REVENUES TOTAL REVENUES EXPENDITURES GENERAL GOVERNMENT SERVICES: FINANCIAL AND ADMINISTRATIVE: PERSONAL SERVICES OPERATING EXPENDITURES CAPITPL OUTLAY DEBT SERVICE: PRINCIDAL RETIREMENT INTEREST TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FeNANCING SOURCES (USES) TRANS=ERSIN LEASE PURCHASE PROCEEDS LEASE PURCHASE CIP TRANS=ERS OUT TO BOARD OF COUNTY COMMISSIONERS TRANS=ERS OUT TO OTHER GOVERNMENTS TOTAL 0 -HER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES 10/01/20 FUND BALANCES 9/30/21 341.E0 $7,281,210 $ 7,424,746 $ 143,536 361.10 25,000 7,505 $ (17,495) $ 7,306,210 $ 7,432,251 $ 126,041 513.10 $ 3,879,235 $ 3,879,125 $ 110 513:0 1,064,532 1,053,818 $ 10,714 513.60 55,000 54,643 $ 357 513.71 - _ $ 513.72 g $ 4,998,767 $ 4,987,586 $ 11,181 0.224% $ 2,307,443 $ 2,444,665 $ 137,222 (2,085,401) (2,209,418) (124,017) 5 947% 90.377% (222,042) (235,247) (13,205) 5947% 9.623% $ (2,307,443) $ (2,444,665) $ (137,222) I do solemnly swear that the foregoing is a true, correct and complete report of all revenues and expenditures of my office for the year endirg the 30th day of September, 2021. (Signature) Office of Tax Collector, Indian River County r r N I Lf) r i I 1 Cl) O O N In (D r o O N N 0 N (p Cl) r- r Ln (A 't rl w N C7 r LCj CA ch c7 CN rl cV Ln z cc oc Cl Lr O � l m C`7 C'7 LO l!') v LO (1) 2 N N N (N O U 64 69 64 69 64 69 69 61). 69 69 69 69 ER 69 69 69 69 69 r r r r r L— (b r (Ij cl) C) v �t - o0 O (l) c7 C6 0 r C) r r r r (h Q r r z LL w(fl CR (A 69 CA J N LO N LO ti 00 ti 00 LC) LC) O LO C14 � m O O O cc CXJ N LO LO J ti ti O O It U) N z o Z C6 N co N 00 N 00 N Q N L Q U) o _Q W c 69 EH ER 69 64 69 W^ m J Qco - M 14, Z �— C M 0) N N O p Z W O (O (O t!� coo IT ti M a Z U w W W o CJ 0 Ln o Lf) ao (6 rn (D 00000 r -1 N :D w O >- U r-) co (p (b 00 .. p J z U p z O WU' L V Z W W LL Q W > H O J 69 ft7 69 69 ca (ri _Q W >W p C) :2 w F - Z W = U) r N N m 0 w F - O Cl) (� z W z w m Z_ m Q ��-- 0 W U ZO w U LU J Z (� Z O LL p J Loll m O O U) W U) F - U z Z zW Q W Z �� J it CO m Q W W F- O J Q 2 O Q (D Qz w > m> W �p O L U Q w Q w CD Zz OWW p >o >zw� oll O0 LU �W } = wW WO Q OL=La-� w m w � O� v ¢~ mo IL < U w w p a Q U UQU)U) o Uz Ow O U) U==Uw Wzz wwJu cnoW F�-2wpF- z�CUz ZFF- m000� �D000 U00 o -'waw OpZI=- OQ2 �0 Z65v5 U) F. UZLLL W W =p�-F-F-W Cl - ~dd zF-F- Z �Z� z <zo OQ>U>>I-� QU�Qo??Q �U»www oQ0000w zz October 28, 2021 The Honorable Joseph Flescher Chairman, Board of County Commissioners Indian River County 1801 27`x' Street, Bldg A Vero Beach, Florida 32960 Dear Chairman Flescher: Carole Jean Jordan, CFC Tax Collector HOW MAY WE HELP YOU?"' I am enclosing the 2021 Excess F -2e Report of the Indian River County Tax Collector's Office. Total income for fees from all sources and investment income for 2021 was $7,432,251 a difference of $126,041 over projected income; total expenditures were $4,987,586, which is $11,181 under projected expenditures. The excess fees were $2,444,665 an increase over projected excess fees of $137,222. This breaks down to $2,209,418 being returned to the Board of County Commissions, an increase of $124,017 from our projected amount, and $235,247 being returned to the other taxing districts. If you have any questions, please contact me. Sincerely, Carole Jean Jordan Tax Collector CJJ:ban Enclosure cc: Elissa Nagy, Finance Director P.O. Box 1509, Vero Beach, FL 32961-1509 E-mail: TaxCollector@)irctax.com Website: www.irctax.com Phone: (772) 22E-1338 Fax (772) 770-5009 101 EXCESS2021 INDIAN RIVER COUNTY TAX COLLECTOR CAROLE JEAN JORDAN, TAX COLLECTOR EXCESS FEE DISTRIBUTION YEAR ENDING SEPTEMBER 30, 2021 DUE TO COUNTY DUE TO OTHER GOVT TOTAL EXCESS FEES ALLOC 100.208.1000 $ 2,209,418.28 90.38% 100.208.0000 $ 235,247.30 9.62% $ 2,444,665.58 102 COMMISSIONS 9/30/2021 COLLECTED EXCESS FEES AGENCY 2020/2021 $ 2,444,665.58 GENERAL FUND $ 5,196,013.09 $ 2,209,418.28 FIND $ 12,130.80 $ 5,158.23 SCHOOL BOARD $ 1.19 $ 0.51 ST JOHNS WMD $ 86,702.12 $ 36,867.17 SEB INLET DIST $ 8,256.15 $ 3,509.93 MOSQUITO CONT $ 95,113.04 $ 40,443.76 HOSPITAL $ 303,659.18 $ 129,121.06 FELLSMERE WCD $ 1,500.00 $ 637.83 IR FARMS WCD $ 1,500.00 $ 637.83 ST JOHNS IMPROVE DIST $ 1,500.00 $ 637.83 SEB RIVER IMPROV DISTRICT $ 1,500.00 $ 637.83 VERO LAKES WCD $ 19.04 $ 8.10 DELTA FARMS WCD $ 1,500.00 $ 637.83 SEBASTIAN STORM DRAIN $ 39,862.16 $ 16,949.39 TOTAL $ 5,749,256.77 $ 2,444,665.58 DUE TO COUNTY DUE TO OTHER GOVT TOTAL EXCESS FEES ALLOC 100.208.1000 $ 2,209,418.28 90.38% 100.208.0000 $ 235,247.30 9.62% $ 2,444,665.58 102 q,D. Sheriff Eric Flowers Indian River County Sheriff's Office October 29, 2021 The Honorable Joseph E. Flescher, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 3 2960-3 3 8 8 Re: FY20/21 Reversion Fees Dear Chairman Flescher: We respectfully submit to the Board of County Commissioners a statement and ACH for the following excess fees for Fiscal Year 2020/2021: Fund 016, General Fund $ 961,889.53 Fund 168, Impact Fees Fund $ 74,126.20 For the General Fund, we respectfully request $660,287 returned as a FY22 budget amendment in order to cover outstanding FY21 purchase orders that were delayed due to the COVID pandemic. Please place this item on the Constitutional Agenda for the November 9th board agenda. If you have any que ns or require additional information, please contact me at 978-6404. Sincerely, Eric Flowers Sheriff cc: Jason Brown, County Administrator Aimee Cooper, Chief Financial Officer 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.org 8 103 Wesley Davis - Indian River County Property Appraiser dministretc+r f,ttornw Coiow.unit� NY. _. October 28, 2021 rmerg Smicts GenerFl servi.as Honorable Board of County Commissioners Human Fv wm 1801 27"' Street OMS K D Vero Beach, FL 32960 Publi(works kecrention (Jtilities Sart-ices Dear Commissioners: other __ According to Florida Statue 218.36, each County Officer is required on or before the filing of the annual report, to pay the excess sum of funds to which they were entitled. Please find the enclosed excess of funds for the portion of the budget your taxing district(s) provided to the Indian River County Property Appraiser for fiscal year 2020-2021. Total amount of excess fees for 2020-2021 $ 106,572.00 General Fund/MSTU portion (.787155) $ 83,888.70 Emergency Services portion (.125417) $ 13,365.99 Other Governmental Agencies $ 9,317.31 Any questions, please contact directly Diana Staar at 772-226-1476 or by email at dstaarpircpa.org. Sincerely,` Wesley Davis WD:mlp Enclosure 1800 2711 Street, Building B Vero :Beach, FL 32960 772 226 1480 wdavis@ircpa.org 104 RECEIVED OCT 2 8 2021 BOARD OF COUNTY -� COML�tISS[ON Wesley Davis - Indian River County Property Appraiser dministretc+r f,ttornw Coiow.unit� NY. _. October 28, 2021 rmerg Smicts GenerFl servi.as Honorable Board of County Commissioners Human Fv wm 1801 27"' Street OMS K D Vero Beach, FL 32960 Publi(works kecrention (Jtilities Sart-ices Dear Commissioners: other __ According to Florida Statue 218.36, each County Officer is required on or before the filing of the annual report, to pay the excess sum of funds to which they were entitled. Please find the enclosed excess of funds for the portion of the budget your taxing district(s) provided to the Indian River County Property Appraiser for fiscal year 2020-2021. Total amount of excess fees for 2020-2021 $ 106,572.00 General Fund/MSTU portion (.787155) $ 83,888.70 Emergency Services portion (.125417) $ 13,365.99 Other Governmental Agencies $ 9,317.31 Any questions, please contact directly Diana Staar at 772-226-1476 or by email at dstaarpircpa.org. Sincerely,` Wesley Davis WD:mlp Enclosure 1800 2711 Street, Building B Vero :Beach, FL 32960 772 226 1480 wdavis@ircpa.org 104 Wesley Davis Indian River County Property Appraiser October 28, 2021 Joseph E. Flescher, Chairman Board of County Commissioners 1801 27th Street Vero Beach FL 32960 Dear Joseph, Enclosed you will find a copy of our Annual Report for the year ending September 30, 2021. 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I V} I VT O O O O Ln c5i O O O O Ln u V} O O O O � Vl O O Q) N r -i G V} O O' O O O tD O M Ln 1--f �Y Cn rn O r" Q) cu > > Q V) NQ T _z ~ N C C CL W z Y u .__ o Q cr d z � Q O U z O v m --, Q Q O i o 0 z W o Lf) H N m Ql G) 0) r" °Summary Application Name Date Range Total Requests Avg Requests / Day Total Visits Avg Visits / Day Avg Requests /Visitor Indian River County, FL 4/14/2021-11/7/2021 4,093,402 19,679.82 624,011 3,000.05 6.56 oROl Calculator Use the ROI Calculator to translate your sites usage into actual dollars saved. Each time someone visits this website for information, instead of staff and for the person requestingthe information_ That time savings saves money for your community. Staff Savings Employee hourly rate: $17.00 Time saved per visit: 5 minutes Constituent Savings Typical hourly rate: $725 Time spent per visit: 60 minutes 2 Total visits 624,011 Totalsavings $884,016 Total visits 624,011 Totalsavings $4,524,080 Total Savings $5,408,095 Total annualized savings $9,490,167 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney /o,A-.1, Public Hearing - B.C.C. 11.9.21 Ofc of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 2, 2021 ATTORNEY SUBJECT: Public Hearing and Discussion of 2021 Redistricting of County Commissioner Districts BACKGROUND. The United States Census Bureau has completed the 2020 decennial census, and has released the new census information. This has triggered a responsibility of the Indian River County Board of County Commissioners ("Board") to review the commissioner districts in light of the census data, and to make changes required by law. Specifically, (1) article VIII, section (1)(e) of the Florida Constitution provides that "after each decennial census the board of county commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable," and (2) section 124.01, Florida Statutes provides that "there shall be five county commissioners" districts in each county, which shall be numbered one to five, inclusive, and shall be as nearly equal in proportion to population as possible." Section 124.01 goes on to say that changes in county commissioner districts "shall be made only in odd - numbered years." At the July 13, 2021 meeting, the Board held its first discussion of the redistricting process. A schedule was adopted which called for additional public hearings, tentatively scheduled for August 17, October 19, and December 7 (for final adoption). On August 17, 2021, the Board adopted a 2021 Redistricting Plan which set forth criteria to be follower by staff in preparing redistricting proposals, and incorporated the public hearing schedule. C:IU slkgis rL4ppDamlLocallTemp18CL Technologiule=yPDF81@BCL@380FF9381@BCLQ380F7793GJoc 112 Board of County Commissioners November 2, 2021 Page Two The following criteria were adopted by the Board: 1) Districts shall be as nearly equal in population as possible with final population figures not exceeding a deviation of 6% between the largest and the smallest district, and not exceeding a deviation of 3% between any district and the "ideal population" (defined as the total population of the County divided by five). 2) Districts shall be compact, rather than sprawling. 3) Districts shall be contiguous — that is, no portion of a district shall be geographically separate and apart from the rest of the district. 4) Respect for Existing Districts, with current commissioners being maintained in their current districts. 5) Neighborhoods and other communities of interest shall be included within a single district, rather than split among two or more districts. 6) Districts shall follow major natural or man-made boundaries — e.g., major roads, rivers, bridges, canals, etc. 7) Districts shall follow United States Census Bureau blocks. 8) No district shall be drawn to split or minimize the political influence of any group of residents. The County GIS Division, primarily through the efforts of Paige Lester, GIS Analyst, using the criteria set forth in the 2021 Redistricting Plan, developed three redistricting proposals. On October 19, 2021, after taking public comment, the Board voted to direct County staff to make revisions to the first redistricting map proposal, including reducing the deviation between Commission districts without creating awkward boundaries between Commission districts, maintaining the City of Sebastian and the City of Vero Beach in two Commission districts, and maintaining McAnsh Park in one Commission district. The GIS Division has revised the proposed map which is attached as 1B. Copies of the revised redistricting map has been provided to the Supervisor of Elections, the five municipalities within the County, the School Board and to Senator Debbie Mayfield and Representative Erin Grall. The County Attorney believes that the proposed redistricting map meets the requirements of the law and the criteria established by the Board. Per the Board's direction, County staff conducted a workshop in the Gifford community on November 1, 2021 at 6 pm. The workshop was held at the Gifford Youth Achievement Center. At the workshop, the residents raised several issues about redistricting. Please be aware that these comments do not necessarily reflect the opinions of all of the speakers. The comments included the following: 1) Desire to have barrier island as one district and in a separate district from Gifford in order to avoid having a wide income gap in District 2 2) Desire to have the City of Vero Beach in three commission districts 3) Concern that the Gifford community has decreased in size 4) Concern that Gifford has not received its share of funding from the County 5) Desire to include Grand Harbor with Gifford community 6) Concern with connection between the Gifford Neighborhood Plan and the Gifford community as a designated area for purposes of redistricting C:IU rsUegin rUppDamlLocaATempOCL Techwl giesl yPDF81QBCLQ380FF938WCL@380FF937.di c 113 Board of County Commissioners November 2, 2021 Page Three 7) Concern about representation from Hispanic, African-American and Asian -American communities 8) Desire for more options and town hall meetings FUNDING. There are no funding requirements. RECOMMENDATION. County staff recommends that the Chairman open the public hearing, take public input, and close the public hearing, and that the Board then discuss the proposal and provide initial feedback to staff, so that staff can move forward toward the preparation and submittal of a final proposal for adoption on December 7a'. ATTACHMENTS. Proposed Redistricting Map C:IU rsl/egimarUppDamlLocallTempIBCL TechaologiulemyPDF81QBCL@380£F9381a�BCLQ380FF938.dw 114 1 1 1 1 1 1 1 po 1 c 4 W > v a s� z m U � a m In 1 Q 1 wo J o Z o € a0 O� ° -.�----------------- , z- 1 1 O � Z_ O o m m U W w o w 2: 1 0 a x E E �• 5 F- O d z i `- « 3= O a 1 CL Z 1 E- - 1 1 1 1 1 1 1 po 1 c 4 W > v a s� z m U � a m In 1 Q 1 wo J o Z o € a0 O� ° -.�----------------- , z- 1 1 O � Z_ O o U U W w o w 2: 1 0 a F- O d z i `- « 3= O a 1 CL Z 1 00 z- — — — — — — — — — — --- --- o E a o ------------------� ,1 �ay"p�����pc�'/J' o V103050 `�V_0 mgr } `m LL cn i� W y°ate w w E p C N M V N L��vY m ,g`c5 W 0 2 0 O C O O O g3_47� '3 'a 1 1 1 11 7 � � M 1 1 G 1 1 1 1 1 1 oz v 1 D 1 H� o in F— Z 1 (n 1 Q l W X o W W Z - t, ���'� i �Y Y Y �- _. \3'� .Pi � A1Ni100 j/ �4��\I �- tl1030S0 I LL cn i� W ° W Z00 m 'a �m -Q 1 'u T CO R3E n a ° O �b� o on 19 Z 0 O O U- ------------- ---- oz v 1 D 1 H� o in F— Z 1 (n 1 Q l W X o W W Z - t, ���'� i �Y Y Y �- _. \3'� .Pi � A1Ni100 j/ �4��\I �- tl1030S0 I 'a �m -Q 'u R3E n a ° �b� o on 19 - � a d �GNmm is s s a o Baa r 201OCensus Tract So3.oz (Gifford) F 11/09/2021 Item 10.A.1. Gifford Neighborhood Plan 2014 Figure LA Gifford Neighborhood Plan Area N Giff• • b Neighborhood " Plan , �ya4y 9� 4 � 3 Legend Services • • .s. faAWW Pkm BtHnWY a CCUNTH (.041-1hW HT SCHOOL VMtl eanmrci ST4TIm ■ OLD l4'd1f.1 SITE COUNTY W.W COUNTY ,3 y L n WORCEVr c Swan Pli Ca+nvwy Dew�ot»'errt G'.x xttr+.vx AWr.+± v 11/09/2021 Item 10.A.1. 2010 Wabasso CDP 1 ,t ............; �;• r 11fHST \ 1••••_. 2020 Wabasso CDP 1(� " 3 1 ^' r- INDIAN xxiH kEUE+cnwc��..w RIVER SHORES ,1 1i '1 \ 6 Word CDP. 1 try 1 s----_.—._._1. ___.--.--- •1 1� 1 { 1 J!\ Au VPE, #FcA 1 , :,-VERO BEACH Map legend ra'e+rar as'F' CDP . Proposed 2020 Census PSAP Boundaries 4yp t+st ss Gaa9 QOP r9nrR .+ptn S' f` Yvnir+Paac?r crlF' Y 4.. •� Flop"" 2020 Census PSAP CDP Changes � ' !CfMAnte N Annx+rl —i ,I 2010 Wabasso CDP 1 ,t ............; �;• r 11fHST \ 1••••_. 2020 Wabasso CDP 1(� " 3 Questions? Comments? 11/09/2021 Item 10.A.1. Z/ 2421 Redistricting of County Commissioner Districts Indian River County Board of County Commissioners Tuesday, November 9, 2021 Agenda - Recap of Map Proposal 1 Board Direction for Map Proposal 1 Map P-oposal 1 B ■ Comparison with Existing Districts 11/09/2021 10.A.1. 0, Proposed Population by Deviation from Percent Deviation Commissioner District District Average from Average BOCC Directives for Proposal 1 Map Modifications • Reduce population deviations, if possible • Ensure Municipalities are not split among more than 2 Districts • Maintain unsplit neighborhoods, such as McAnsh Park • Focus on compact district shapes, by squaring off District 3 11/09/2021 10.A.1. 11/09/2021 10.A.1. Population Counts for Redistricting Proposal 1B Proposed Population by Deviation from Percent Deviation Commissioner District District Average from Average 1 32,011 53 0.17% 2 32,157 199 0.62% 3 31,277 -6$1 -2.13% 4 32,399 441 1.38% 5 31,944 -14 -0.04% Total County Population 159,788 Average "Ideal" Population 31,958 Population varies from the Average from -2.1 % to +1.4% Proposal 1B CD Ch30�- Exlsling � Co�,,^�ssiarxr q�t`ttE � Areas of Change _ Proposal 18 6RFVA— ' C_ NT Us1rrc,12 � T Usiiid 3 ~�� Ustrlq 5 �'s Y _r�D? I l`} �.r 6alntlarres S�-P-� 612t~ �HASlTiAN � � '8 D1 F8L8/9tE-_ •� wrN sr 4Rf\ER �KV OB EE H OONi D3 mNn�,• •� j >� D4 ' 4 51. L OMiles uciF COUNT 11/09/2021 10.A.1. U06 11 /D9/2021 10.A.1. O- It Supplementary Slides Comparison between Existing Districts, Proposal 1, and Proposal 1B 11/09/2021 10.A.1. 11/09/2021 10.A.1. 11/09/2021 10.A.1. I � �- If 11/09/2021 10.A.1. 4-10 �; __ Proposal Proposal 1 CA ---W�W j- : Proposed Boundarte4 25M SI Iff.%°`� f' S z Proposal 1B ff It R`s KRO BEACH District 1 eeio �, r �® District District 3 District 4 - D3 t i District 5 — IT k 4-10 Redistricting Criteria & Process 2021 Redistricting Criteria 1. Equal Populatior (within +/- 3%) 2. Compactness 3. Contiguity 4. Respec- for Existing Districts 5. Communities of interest should not be split 6. Major natural or man-made boundaries 7. Census Blocks should rct be split 8. Fair anc Equal Representation Redistricting Process Using Districting GIS software, each of the County's 4,000 Census Blocks were assigned to a Distr ct. 2. District Population totals and deviations from the Target Population were instantly recalculated by tl-e software. 3 When poaulation deviations were under 3% for all districts, the remaininc criteria were checked. 4 Final proposals are reviewed to confirm that the pr000sed boundaries meet Redistricting Criteria. Io A,2, replacement pgs Public Hearing Indian River County • Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: October 30, 2021 Subject: Miscellaneous Budget Amendment 012 Description and Conditions In accordance with Florida Statue 129.06(2)(f), this public hearing was advertised on Friday, November 5, 2021 for the purpose of hearing comments from the public regarding the changes to the County's FY 2020-2021 budget to reflect actual cash balance dollars being allocated as follows: Road & Bridge needs to replace the following equipment: Wheeled Excavator $246,676, Mini Excavator $51,111, Compact Utility Tractor $29,577, Compact Light Tower $11,000 and a High -Flow Cutter Head $34,500. Exhibit "A" appropriates funding of $372,864 from Transportation Fund/Cash Forward -Oct 111 • 2. On March 9, 2021, the Board of County Commissioners approved a modification to County Code that pertained to payment and collections of certain utility bills. On October 5, 2021 the Board of County Commissioners approved $582,508 in penalties and interest to be written off in the Utilities Fund. Exhibit "A" appropriates funding from Utilities/Cash Forward -Oct 1St 3. Due to computer equipment being purchased with CARES Act funding to facilitate teleworking, additional depreciation must be recorded. Exhibit "A" appropriates funding of $45,000 from Information Technology/Cash Forward -Oct 1St • 4. On August 18, 2020, the Board approved the purchase of a dump truck that is needed by Stormwater for nutrient removal at Moorhen Marsh. Exhibit "A" appropriates funding of $161,998 from Transportation/Cash Forward -Oct 111 5. The Moorings Streetlighting Fund electric costs have exceeded budgeted estimates. Exhibit "A" appropriates $3,700 from Cash Forward -Oct 1St to fund these expenses. 6. Expenses have exceeded the estimated budget in Traffic Impact Fees/District II. Exhibit "A" appropriates $400,000 from Traffic Impact Fees/District II- Cash Forward -Oct 1St 7. The Self Insurance Fund has incurred a large worker's compensation claim, settlement on the Ocean Concrete case, multiple vehicle losses, expenses related to the Tree Frog fire and various other unanticipated expenses. Exhibit "A" appropriates $2,816,981 from Self Insurance Fund/Cash Forward -O -It 1St and $126,641 from Transportation Fund/Cash Forward - Oct 1 St 1J replacement pgs 8. Due to Generally Accepted Accounting Principal requirements, the County's Enterprise/Internal Service funds must accrue pension expenses at the fiscal year end. Exhibit "A" appropriates $230,000 from Building Department Fund/Cash Forward -Oct 1St and $20,000 from Golf Course Fund/Cash Forward-Cct 1St Staff Recommendation Staff recommends that after the public hearing, the Board of County Commissioners approve the budget resolution amending the fiscal year 2020-2021 budget. RESOLUTION NO. 2021-, A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2020-2021 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2020-2021 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2020-2021 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2020-2021 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2021. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Som APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY AT NEY Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director replacement pgs Budget Amendment 012 Entry Number Type Fund/ Department/Account Name Account Number Increase Decrease Revenue Transportation Fund/Cash Forward -Oct 1st 111039-389040 $372,864 $0 1. Transportation Fund/Road & Bridge/Other Machinery& Equipment 11121441-066490 $45,500 $0 Expense Transportation Fund/Road & Bridge/Heavy Equipment -Wheel Track 11121441-066430 $327,364 $0 Revenue Utilities/Cash Forward -Oct 1st 471039-389040 $582,508 $0 2' Expense Utilities/Customer Service/Bad-Debt- Water/Sewer 47126536-036510 $582,508 $0 Revenue Information Technology/Cash Forward -Oct 1 st 505039-389040 $45,000 $0 3' Expense Information Technology/Information Systems/Depreciation 50524113-036610 $45,000 $0 Revenue Transportation/Cash Forward -Oct 1st 111039-389040 $161,998 $0 4' Expense Transportation/Stormwater/Heavy Equipment - Wheel Track 11128138-066430 $161,998 $G Revenue Moorings Streetlights/Cash Forward -Oct `st 195039-389040 $3,700 $G 5. Expense Moorings Streetlights/Electric Services 19528041-034310 $3,700 $0 Revenue Traffic Impact Fees/Cash Forward -Oct st 102039-389040 $400,000 $0 6' Expense Traffic Impact Fees/District II/66th Ave/49-h- 69th 10215241-066510-07806 $400,000 $0 Self Insurance Fund/Cash Forward -Oct 1 st 502039-389040 $2,816,981 $0 Revenue Transportation Fund/Cash Forward -Oct 1st 111039-389040 $126,641 $0 i. Self Insurance Fund/Worker's Compensation 50224619-012140 $1,650,000 $0 Self Insurance Fund/Legal Services 50224619-033110 $50,000 $0 Self Insurance Fund/Automotive Insurance 50224619-034510 $55,000 $0 Expense Self Insurance Fund/General Liability- Ocean Concrete 50224619-034530-19901 $1,051,981 $0 Self Insurance Fund/General Liability 50224619-034530 $10,000 $0 Transportation Fund/Road & Bridge/Heavy Equipment -Wheel Track 11121441-066430 $126,641 $0 Building Department Fund/Cas.n Forward -Oct 1st 441039-389040 $230,000 $0 Revenue Golf Course Fund/Cash Forward -Oct 1st 418039-389040 $20,000 $0 8. Building Department Fund/Pension Expense 44123324-012900 $230,000 $0 Expense Golf Course Fund/Pension Expense 41823672-012900 $20,000 $0 i W Advertised in TC Palm on Friday, November 5, 2021 NOTICE OF PUBLIC HEARING SUPPLEMENTING FISCAL YEAR 2020-2021 INDIAN RIVER COUNTY, FL BUDGET NOTICE IS HEREBY GIVIEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on November 9, 2021, beginning at 9:00 am, or as soon thereafter as the item may be heard, in the Commission Chambers at the Indian River County Administration Building A, 1801 27th Street, Vero Beach, Florida, for the purpose of hearing comments from the public regarding the changes to the County's FY 2020-2021 budget; to reflect actual cash balance forward dollars from prior fiscal year. Fund/Department Use Increase Amount Transportation Fund/R&B Equipment 499,505 Transportation Fund/Stormwater Equipment 161,998 Traffic Impact Fees Increase in Expenses 400,000 Moorings Streetlighting District Increase in Expenses 3,700 Utilities Fund Bad Debt 582,508 Self -Insurance Fund Increase in Expenses 1,805,638 Information Technology Fund Depreciation 45,000 Building Department Fund Pension Expenses 230,000 Golf Course Fund Pension Expenses 20,000 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 testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act (ADA) Coordinator at 772-226-1223 at least 48 hours in advance of the meeting. 121 12/8/2020 Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2020 '', Go The 202o Florida Statutes Title XI Chapter 129 View Entire COUNTY ORGANIZATION AND INTERGOVER`JMENTAL COUNTY ANNUAL Chapter RELATIONS BUDGET 129.06 Execution and amendment of budget.— (1) Upon the final adoption of the budgets as provided in this chapter, the budgets so adopted must regulate expenditures of the county and each special district included within the county budget, and the itemized estimates of expenditures must have the effect of fixed appropriations and may not be amended, altered, or exceeded except as provided in this chapter. (a) The modified -accrual basis or accrual basis of accounting must be followed for all funds in accordance with generally accepted accounting principles. (b) The cost of the investments provided in this chapter, or the receipts from their sale or redemption, may not be treated as expense or income, and the investments on hand at the beginning or end of each fiscal year must be carried as separate items at cost in the fund balances; however, the amounts of profit or loss received on their sale must be treated as income or expense, as applicable. (2) The board at any time within a fiscal year may amend a budget for that year, and may within the first 60 days of a fiscal year amend the budget for the prior fiscal year, as follows: (a) Appropriations for expenditures within any fund may be decreased or increased by motion recorded in the minutes if the total appropriations of the fund does not change. The board of county commissioners may establish procedures by which the designated budget officer may authorize budget amendments if the total appropriations of the fund does not change. (b) Appropriations from the reserve for ccntingenc-es may be made to increase the appropriation for any particular expense in the same fund, or to create an appropriation in the fund for any lawful purpose, but expenditures may not be charged directly to the reserve for contingencies. (c) The reserve for future construction and improvements may be appropriated by resolution of the board for the purposes for which the reserve was made. (d) A receipt 'of a nature from a source not anticipated in the budget and received for a particular purpose, including but not limited to grants, donations, gifts, or reimbursement for damages, may, by resolution of the board spread on its minutes, be appropriated and expe ided for that purpose, in addition to the appropriations and expenditures provided for in the budget. Such receipts and appropriations must be added to the budget of the proper fund. The resolution may amend the budget to transfer revenue between funds to properly account for unanticipated revenue. (e) Increased receipts for enterprise or proprietary funds received for a particular purpose may, by resolut-on of the board spread on its minutes, be appropriated and expended for that purpose, in addition to the appropriations and expenditures provided for in the budget. The resolution may amend the budget to transfer revenue between funds to properly account for increased receipts, (f) Unless otherwise prohibited by law, if an amendment to a budget is required for a purpose not specifically authorized in paragraphs (a) -(e), the amendment may be authorized by resolution or ordinance of the board of county commissioners adopted following a public hearing. 1. The public hearing must be advertised at least 2 days, but not more than 5 days, before the date of the hearing. The advertisement must appear in a newspaper of paid general circulation and must identify the nM of www:leg.state.fl.us/statutesfindex.cfm?mode=View Statutes&Sub Menu= 1&4pp_mode=Display_Statute&Search_String=129.06&URL=0100-0199/012... 1/2 12/8/2020 Statutes & Constitution :View Statutes : Online Sunshine the taxing authority, the date, place, and time of the hearing, and the purpose of the hearing. The advertisement must also identify each budgetary fund to be amended, the source of the funds, the use of the funds, and the total amount of each fund's appropriations. 2. If the board amends the budget pursuant to this paragraph, the adopted amendment must be posted on the county's official website within 5 days after adoption and must remain on the website for at least 2 years. (3) Only the following transfers may be made between funds: (a) Transfers to correct errors in handling receipts and disbursements. (b) Budgeted transfers. (c) Transfers to properly account for unanticipated revenue or increased receipts. (4) All unexpended balances of appropriations at he end of the fiscal year shall revert to the fund from which the appropriation was made, but reserves for sinking funds and for future construction and improvements may not be diverted to other purposes. (5) Any county constitutional officer whose budget is approved by the board of county commissioners, who has not been reelected to office or is not seeking reelection, shall be prohibited from making any budget amendments, transferring funds between itemized appropriations, or expending in a single month more than one -twelfth of any itemized approved appropriation, following the date he or she is eliminated as a candidate or October 1, whichever comes later, without approval of the board of county commissioners. History.—s. 6, ch. 6814, 1915; RGS 1529; CGL 2307; s. 5, ch. 226874, 1951; s. 2, ch. 78-157; s. 2, ch. 88-85; s. 1, ch. 93-109; s. 828, ch. 95-147; s. 5, ch. 96-324; s. 12, ch. 2001-252; s. 8, ch. 2011-144; s. 7, ch. 2019-15. Copyright © 1995-2020 The Florida Legislature • Privacy Statement • Contact Us 123 y+Avw.leg.state.il.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search—String=129.06&URL=0100-0'99/012... 2/2 Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: October 28, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared by: Cindy Corrente, Utilities Finance Manager Subject: Resolution to Adopt Water, Sever, and Reclaimed Rates, Fees, and Other Charges Background: On September 22, 2021, the Board of County Commissioners (BCC) of Indian River County (IRC) adopted the Fiscal Year (FY) 2021/22 budget. Included in the IRC Department of Utility Services' (IRCDUS) budget was a rate increase, based upon the Consumer Price Index (CPI) for all Urban Consumers, as was recommended in the 2018 Comprehensive Utility Rate Study (Study) that was performed by Raftellis Financial Consultants, Inc. Analysis: The pertinent CPI is 4.2%. However, the 2018 study recommended capping the rate increase at the lesser of either the CPI or 3%. Therefore, a 3% rate will be applied to all IRCDUS rates except the utility deposits, water and sewer service connections fees, and meter installation fees. The current deposit of $50.00 per equivalent residential unit (ERU) is sufficient and applying the 3% to it is impractical for day- to-day business purposes. leaving the deposit at $50.00 allows for ease of computation by utility staff and customers, and remains sufficient to cover each ERU. The other three items are delineated in County Code as requiring public hearing before they can be modified. Staff does not recommend changing these items. Since the bills produced in October will reflect usage for both September and October, staff recommends the effective date for the rate increase to be immediate so that the first bills mailed in November will create the new rates. This proposal allows for all usage prior to the new fiscal year to be billed at the current rates. Bills dated in November, and thereafter, will reflect usage that is entirely in the new fiscal year. Thus, it seems logical to enact the rate change at that time. Recommendation: Staff recommends that the Board of County Commissioners vote to approve the resolution as drafted, thereby adopting the utility rate increase to go into effect immediately. 124 Page 1 of 2 Departmental Item Attachments: Attachment A - Department of Utility Services Schedule of Water and Sewer Rates, Fees and Other charges Attachment B - Proposed resolution Attachment C - Comparison of existing vs new rates 125 Page 2 of 2 INDIAN RIVER COUNTY Department of Utility Services Schedule of Water and Sewer Rates, Fees, and Other Charges As Adopted by Rate Resolution 2021 -XXX Effective November 9, 2021 126 SCHEDULE OF WATER AND SEWER RATES, FEES, AND OTHER CHARGES Water Service Availability Charge: Single -Family and Commercial (per ERU) $ 9.15 Manufactured Home and Multi -Family 0.85 (pea ERU) $ 7.78 Volumetric Charge- Water: 0-4,000 gallons per month per connection — per 1,000 gallons $ 2.30 3,001— 7,000 gallons per month per connection — per 1,000 gallons $ 2.69 7,001-12,000 gallons per month per connection — per 1,000 gallons $ 5.18 12,001 and over gallons per month per connection — per 1,000 gallons $ 10.20 Sewer Service Availability Charge: Single -Family and Commercial (per ERJ) $ 16.32 Manufactured Home and Multi -Family 0.85 (per ERU) $ 13.86 Volumetric Charge- Sewer: 0 —12,000 gallons per month per connection — per 1,000 gallons $ 2.99 12,001 gallons (billed water flow) per 1,000 gallons $ 4.49 Volumetric Charge for Mobile Home orManufactured Home: $ 8.97 To be used only for sewer only accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable Volumetric charge for single family homes under 3,500 square feet: $ 20.94 To be used only for sewer only accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable Volumetric charge for single family homes over 3,500 square feet: $ 35.90 To be used only for sewer only accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable Excess sewage strength charge: Sewage charge X Ratio of total dissolved solids or biochemical oxygen demand in milligrams per liter J 250 127 Billing charge — per account per month $ 1.35 Service availability charge — per ERU $ 14.03 Volumetric charge — per 1,000 gallons water meter basis $ 2.75 Volumetric charge —per 1,000 gallons sewer meter basis $ 3.12 Excess volume surcharge— greater than 7,600 gallons per month —per ERU* $ 4.66 *Surcharge for bulk users will apply to flow exceeding total capacity reserved by bulk user in all meters Excess sewage strength charge Sewage charge X Ratio of total dissolved solids or biochemical oxygen demand in milligrams per liter / 250 Inflow & Infiltration (I&I) I&I per thousand gallons up to 12,000 (per ERU) $ 5.9E I&I per thousand gallons over 12,000 (per ERU) $ 17.54 Non -pressurized Reclaimed Water Per 1,000 gallons $ 0.22 Sludge and Septage Charge per 1,000 gallons (a) $ 65.47 Charge per wet ton (b) $ 15.69 One-time dump fee for recreational vehicle —per dump $ 10.45 (a) Recommended rates assume domestic sludge with solids concentration of between .5 and 2.0 (b) Costs incurred by County to sample, monitor and/or test wastes to verify solids concentrations, metals, content, et--., or additional costs incurred to handle or dispose of wastes with high metal concentrations or other non-domestic waste characteristics should be recovered from the users discharging the wastes, in addition to the above charges based on formulas available in tl-e Department of Utility Services. 128 Other Rates, Fees, and Charges Deposits — Except hydrant meter $ 50.00 Required upon opening, transferr ng or Sewer service connection — single family $ 2,895.00 reconnecting service — per ERU Cost plus overhead Unauthorized use of fire hydrants -per occurrence Deposits — per hydrant meter $ 345.00 Charge for returned check As per Florida Statute $ 15.85 section 832.08 $ 130.00 New Account fee (due opening or re -opening an account) $ 26.15 Issuance of duplicate bill $ 1.57 Meter removal fee $ 78.44 Water service connection — 5/8" to 1.5" meter $2,785.00 Water service connection — larger thar, 1.5" me~er Cost plus overhead Sewer service connection — single family $ 2,895.00 Sewer service connection — commercial Cost plus overhead Unauthorized use of fire hydrants -per occurrence $ 120.27 Unauthorized use of fire hydrants volumetric charge - Indian River County Department of Utility Services (IRCDUS) shall be the sole determinant of usage as per County code Fire Protection (per month) $ 15.85 Meter installation - 5/8" $ 130.00 Meter installation - 1" $ 250.00 Meter installation - 1.5" $ 500.00 Meter installation - 2"and larger Cost plus overhead Meter installation — hydrant meter Cost plus overhead Line extension fees - water Cost plus overhead Line extension fees — sewer Cost plus overhead Water service disconnection determined by IRCDUS/includes reconnect $ 78.44 129 Customer requested disconnect $ 78.44 Customer requested reconnect $ 78.44 Inspection fee—during inspector's regular hours $ 78.44 Inspection fee — after hours — only in unique circumstances Cost plus overhead Service call — during hours $ 78.44 Service call — after hours $ 99.35 Delinquency Charge $2.00 plus 1.5% per month Meter test 5/8" and 1" — on site $ 78.44 Meter test 5/8" and 1" — off site Cost plus overhead Meter test 1.5" and larger Cost plus overhead Damage repair Cost plus overhead Line location Cost plus overhead Other and extraordinary services Cost plus overhead Utility master plan revision by requested changes to the IRC Comprehensive Plan shall be paid by the applicant requesting the change Cost plus overhead Site plan review $ 154.50 Impact Fees Water — per ERU $ 1,300.00 (Water treatment $676.00/water transmission $624.00) Sewer — per ERU $ 2,796.00 (Wastewater treatment $1,650.00jwastewater transmission $1,146.00) 130 ATTACHMENT B RESOLUTION 2021- A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ESTABLISHING REVISED INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES (IRCDUS) RATE SCHEDULE WHEREAS, the Indian River County Board of County Commissioners ("Board") has the authority to establish rates and fees pursuant to Florida Statutes Chapter 125; and WHEREAS, the Board desires to modify the IRCDUS rates, fees and charges where appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Indian River County Board of County Commissioners adopts the attached Indian River County Department of Utility Services rate schedule (see Exhibit "A"). 2. The effective date of the fees contained in the Indian River County Department of Utility Services fee schedule is November 9, 2021. The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , 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 Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 9th day of November, 2021. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: LIN Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman 131 Comparison of Existing vs. New Rates Description Service Availability - Water Current Rate Rate with 3% increase Service Availability, Water Singe Family & Commercial $8.88 $9.15 Service Availability, Water Manufactured Home and Multi -family $7.55 $7.78 Volumetric Water 0-4,000 gallons per ERU per thousand gallons $2.23 $2.30 4,001-7,000 gallons per ERU per thousand gallons $2.61 $2.69 7,001-12,000 gallons per ERU per thousand gallons $5.03 $5.18 12,001 and over gallons per ERU per thousand gallons $9.90 $10.20 Service Availability - Sewer Service Availability, Sewer Singe Family & Commercial $15.84 $16.32 Service Availability, Sewer Manufactured Home and Multi -family $13.46 $13.86 Volumetric Sewer 0-12,000 gallons per ERU per thousand gallons $2.90 $2.99 12,001 and over per ERU per thousand gallons $4.36 $4.49 Volumetric charge for Mobile Home or Manufactured Home -to be used for sewer accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable $8'71 $8'97 Volumetric charge for Single family homes under 3,500 square feet -to be used for sewer accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable $20.33 $20.94 Volumetric charge for Single family homes over 3,500 square feet -to be used for sewer accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable $34.85 $35.90 Excess Sewer Charge Sewer charge x Ratio Sewer charge x Ratio of total dissolved of total dissolved solids or biochemical solids or biochemical oxygen demand in oxygen demand in milligrams per milligrams per liter/250 liter/250 132 Comparison of Existing vs. New Rates Description Bulk Sewer Billing charge — per account per month Service Availability -per ERU Volumetric charge — per 1,000 gallons water meter basis Volumetric charge —per 1,000 gallons sewer meter basis Excess volume surcharge -greater than 7,600 gallons per month -per ERU* *Surcharge for bulk users will apply to flow exceeding total capacity reserved by bulk user in all meters Excess Sewer Charge Inflow & Infiltration (I&I) I&I per thousand gallons up to 12,000 (per ERU) I&I per thousand gallons over 12,000 (per ERU) Non -pressurized Reclaimed Water Per 1,000 gallons Sludge and Septage Charge per 1,000 gallons (a) Charge per wet ton (b) One-time dump fee for recreational vehicle —per dump (a) Recommended rates assume domestic sludge with solids concent-ation of between .5 and 2.0% (b) Costs incurred by County to sample, monitor and/or test wastes to verify solids concentrations, metals, content, etc., or additional costs incurred to handle or dispose of wastes with high metal concentrations or other non-domestic waste characteristics should be recovered from the users discharging the wastes, in addition to the above charges based on formulas available in the Department of Utility Services. Current Rate $1.31 $13.62 $2.67 $3.03 $4.52 Sewer charge x Ratio of total dissolved solids or biochemical oxygen demand in milligrams per liter/250 $5.81 $17.42 $0.21 $63.56 $15.23 $10.15 Rate with 3% increase $1.35 $14.03 $2.75 $3.12 $4.66 Sewer charge x Ratio of total dissolved solids or biochemical oxygen demand in milligrams per liter,/250 $5.98 $17.94 $0.22 $65.47 $15.69 $10.45 133 Comparison of Existing vs. New Rates Description Other Rates, Fees, and Charges Deposits — Except hydrant meter Required upon opening, transferring or reconnecting service — per ERU Deposits — per hydrant meter Charge for returned check New Account fee (due opening or re -opening an account) Issuance of duplicate bill Meter removal fee Water service connection — 5/8" to 1.5" meter Water service connection — larger than 1.5" meter Sewer service connection — single family Sewer service connection — commercial Cost plus overhead Unauthorized use of fire hydrants -per occurrence Unauthorized use of fire hydrants volumetric charge - Indian River County Department of Utility Services (IRCDUS) shall be the sole determinant of usage as per County code Fire Protection - per month Meter installation - 5/8" Meter installation -1" Meter installation - 1.5" Current Rate Rate with 3% increase $50.00 $51.50 $345.00 $355.35 As per Florida Statute As per Florida Statute section 832.08 section 832.08 $25.39 $26.15 $1.52 $1.57 $76.16 $78.44 $2,785.00 $2,868.55 Cost plus overhead Cost plus overhead $2,895.00 $2,981.85 Cost plus overhead Cost plus overhead $116.77 $120.27 $15.39 $15.85 $130.00 $133.90 $250.00 $257.50 $500.00 $515.00 134 Comparison of Existing vs. New Rates Description Current Rate Rate with 3% increase Meter installation - 2"and larger Cost plus overhead Cost plus overhead Meter installation - hydrant meter Cost plus overhead Cost plus overhead Line extension fees - water Cost plus overhead Cost plus overhead Line extension fees — sewer Cost plus overhead Cost plus overhead Water service disconnection determined by IRCDUS/includes reconnect $76.16 $78.44 Customer requested disconnect Customer requested disconnect $76.16 $78.44 Inspection fee — during inspector's regular hours $76.16 $78.44 Inspection fee —after hours - only in unique circumstances Cost plus overhead Cost plus overhead Service call - during hours $76.16 $78.44 Service call — after hours $96.46 $99.35 Delinquency Charge $2.00 plus 1.5% per $2.00 plus 1.5% per month month Meter test 5/8" and 1" — on site $76.16 $78.44 Meter test 5/8" and 1" — off site Cost plus overhead Cost plus overhead Meter test 1.5" and larger Cost plus overhead Cost plus overhead Damage repair Cost plus overhead Cost plus overhead Line location Cost plus overhead Cost plus overhead 135 Comparison of Existing vs. New Rates Description Current Rate Rate with 3% increase Other and extraordinary services Cost plus overhead Cost plus overhead Utility master plan revision by requested changes to the IRC Comprehensive Cost plus overhead Cost plus overhead Plan shall be paid by the applicant requesting the change Site plan review $150.00 $154.50 Impact Fees Water — per ERU (Water treatment $676.00/water transmission $624.00) $1,300.00 $1,300.00 Sewer — per ERU $2,796.00 $2,796.00 (Wastewater treatment $1,650.00/wastewater transmission $1,146.00) 136 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 29, 2021 SUBJECT: Solar Facilities Land Development Regulation During the 2021 Legislative session, the Florida Legislature enacted SB 896, which requires solar facilities to be a permitted use in all agricultural zoning districts within an unincorporated area. Per the new state statute, solar facilities are required to comply with the setback and landscaped buffer area criteria for other similar uses in the agricultural district. Under the new statute, which is section 163.3205, Florida Statutes, solar facilities are production facilities for electric power that 1) use photovoltaic modules to convert solar energy to electricity that may be stored on site, delivered to a transmission system, and consumed primarily offsite; 2) consist principally of photovoltaic modules, a mounting or racking system, power inverters, transformers, collection systems, battery systems, fire suppression equipment, and associated components; and 3) may include accessory administration or maintenance buildings, electric transmission lines, substations, energy storage equipment, and related accessory uses and structures. Currently, solar facilities are allowed in Indian River County as a special exception use under "Public and private utilities, heavy" use in the A-1, A-2 and A-3 zoning districts. In order to comply with the statutory requirements, County staff recommends that the Indian River County Board of County Commissioners authorize the County Attorney's Office to draft an ordinance which would allow solar facilities as a permitted use in the A-1, A-2 and A-3 zoning districts, but otherwise continue to meet the landscaping and buffer requirements for other "Public and private utilities, heavy" uses. FUNDING. The only costs for this matter would be the advertising costs for the public hearings. 137 Board of County Commissioners October 29, 2021 Page 2 RECOMMENDATION. The County Attorney recommends that the Board authorize the County Attorney's Office to draft an ordinance allowing solar facilities as a permitted use in the agricultural districts and schedule such ordinance for public hearings. 138 13,13 - MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 3, 2021 SUBJECT: Chapter 164 Mediation Update The County Attorney would like to provide the Indian River County Board of County Commissioners an update on the Chapter 164 mediation with the City of Vero Beach. ATTACHMENTS. Email correspondence with John Turner, City Attorney 139 City of Nero Beach 1053 - 20th PLACE - P.O. BOX 1389 VERO BEACH, FLORIDA - 32961-1389 OFFICE OF THE MAYOR October 25, 2021 Joseph E. Flescher, Chairman, Board of County Commissioners Jason E. Brown, County Administrator Indian River County 1801 27th Street Vero Beach, FL 32960-3365 Gentlemen, At our October 6, 2021 Chapter 164 dispute resolution meeting, the City asked the County to recognize the permanent duration of the 1989 Territorial Agreement. The County stated that it was not interested in the City's customers and that it does not want litigation. Further, the County stated that they would acknowledge the validity of the 1989 Territorial Agreement; the City would continue to serve the Town of Indian River Shores, subject to the existing City/Town Franchise Agreement; and the City would continue to serve the South Beach under a new reasonable franchise agreement. The County proposed the following for the South Beach franchise agreement: Rates: City would charge County rates until 2027, then City rates thereafter. However, the City rates could not increase by more than 5% annually until 2032. ® Surcharges: City wculd not levy any outside City limit surcharges. ® Service Standards: City would provide the same service standards inside and outside the City limits. ® Transfer of Funds: City woud no longer transfer 6% of revenues to the City's general fund. At the October 19, 2021 City Council meeting, the City Council authorized that this letter be transmitted to the County wifh the following South Beach franchise offer: Rates: City will establish rates that are just and equitable that recover the costs associated with providing utility service. This is the same method the County uses to establish its rates and was the same method used in the now expired 1987 City/County Franchise. Phone: (772) 978-4700 - Fax: (772) 978-4790 - E-mail: cityclerk@covb.org 140 wvnv.covb.org Joseph E. Flescher, Commission Chairman Jason E. Brown, County Administrator October 25, 2021 Page 2 • Surcharges: City will not levy any outside City limit surcharges. • Service Standards: City will provide the same service standards in the City's service territory. • Transfer of Funds: Gty would continue to transfer 6% of revenues to the City's general fund. The now expired 1987 City/County Franchise was silent in this regard. If the County agrees to these reasonable franchise terms and acknowledges the validity of the 1989 Territorial Agreement, the dispute has been resolved. If not, we are at impasse and it is time to schedule the mediation phase of the Chapter 164 process. The City Council also decided that there was no consensus in having the County serve the Town. We look forward to your prompt reply and resolution of this issue. incere , Robert Brackett Mayor __ 1+:1.. f --..-_:I ,,� J/,-- & Monte K. Falls, P.E. City Manager 141 From: Dylan Reingold Sent: Wednesday, October 27, 20215:22 PM To: 'Turner, John' <JTurner@covb.org> Subject: FW: Chapter 164 Dispute Resolution Letter John, Good evening! I think it would be appropriate under the statute to have one more meeting of the six of us in public at which we can discuss the substantive issues raised in the letter and determine if we are ready to proceed to the next phase of the process set forth in Chapter 164 of the Florida Statutes. I believe that would be consistent with the public nature of the Chapter 164 process. Dylan From: Jason Brown Sent: Monday, October 25, 20213:14 PM To: Matt Jordan <miordan@irceov.com>; Dylan Reingold <dreingold@ircgov.com> Subject: FW: Chapter 164 Dispute Resolution Letter FYI From: Bursick, Tammy <tbursick@covb.or?> Sent: Monday, October 25, 20212:37 PM To: Jason Brown <ibrown@ircgov.com>; Joseph E. Flescher <iflescher@ircgov.com> Subject: Chapter 164 Dispute Resolution Letter CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Commissioner Flescher and County Administrator Brown: Attached is a letter pursuant to the discussion that took place at the October 19, 2021 City Council meeting. Sincerely, Tammy K. Bursick, MMC City Clerk Please Note: Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your ema'l communications, inc.fuding your email address, may therefore be subject to public disclosure. 142 15-cl MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 29, 2021 SUBJECT: Affordable Housing Advisory Committee Alternate Pursuant to section 308.07 of the Indian River County Ordinance Code ("Code"), the Affordable Housing Advisory Committee can include a citizen who actively serves on the county's local planning agency (Planning and Zoning Commission). Due to quorum issues, County staff recommends that the Indian River County Board of County Commissioners appoint an alternate in the event the main Planning and Zoning Commission member is unable to attend an Affordable Housing Advisory Committee meeting. On October 28, 2021, Beth Mitchell volunteered and the Planning and Zoning Commission recommended that Beth Mitchell serve as the Planning and Zoning Commission alternate on the Affordable Housing Advisory Committee. FUNDING. There is no funding associated with this item. RECOMMENDATION. County staff recommends that the Board appoint Beth Mitchell to serve as the Planning and Zoning Commission alternate on the Affordable Housing Advisory Committee. 143 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 4, 2021 SUBJECT: Affordable Housing Advisory Committee Appointment - Not -for -Profit Provider of Affordable Housing As noted under informational items, Sheryl S. Vittitoe has resigned her role in serving as the citizen who is actively engaged as a not-for-profit provider of affordable housing on the Affordable Housing Advisory Committee ("AHAC"). Per Resolution 2012-72, normally the Indian River County Board of County Commissioners ("Board") would wait 30 days to appoint a replacement after the posting of a vacancy. However, due to State deadline requirements, AHAC needs to meet and recommend certain matters to the Board in time for the Board to apply for funding by the end of the year. AHAC did not have a quorum at its last scheduled meeting. A special call meeting is being scheduled for later this month. In order to resolve quorum issues, County staff recommends that the Board waive the 30 day posting requirement and appoint Jeff Francisco to replace Ms. V ittitoe as the citizen who is actively engaged as a not-for-profit provider of affordable housing on AHAC. Mr. Francisco is the listed as the Director of Outreach and Impact for Indian River Habitat for Humanity. FUNDING. There is no funding associated with this item. RECOMMENDATION. County staff recommends that the Board appoint Jeff Francisco to serve as the as the citizen who is actively engaged as a not-for-profit provider of affordable housing on the Affordable Housing Advisory Committee. 144 I ✓, • E' MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 4, 2021 SUBJECT: Affordable Housing Advisory Committee Appointment - citizen who is a real estate professional in connection with affordable housing As noted under informational items, Mark Seeberg has resigned from his role in serving as the citizen who is a real estate professional in connection with affordable housing on the Affordable Housing Advisory Committee ("AHAC"). Per Resolution 2012-72, normally the Indian River County Board of County Commissioners ("Board") would wait 30 days to appoint a replacement after the posting of a vacancy. However, due to State deadline requirements, AHAC needs to meet and recommend certain matters to the Board in time for the Board to apply for funding by the end of the year. AHAC did not have a quorum at its last scheduled meeting. A special call meeting is being scheduled for later this month. In order to resolve quorum issues, County staff recommends that the Board waive the 30 day posting requirement and appoint Kenneth A. "Chip" Landers, Jr. to replace Mark Seeberg as the citizen who is a real estate professional in connection with affordable housing on AHAC. Mr. Landers' resume is attached. FUNDING. There is no funding associated with this item. RECOMMENDATION. County staff recommends that the Board appoint Kenneth "Chip" Landers, Jr. to serve as the as the citizen who is a real estate professional in connection with affordable housing on the Affordable Housing Advisory Committee. ATTACHMENT. Resume — Kenneth A. "Chip" Landers, Jr. 145 Kenneth A. `Chip" Landers, Jr. Family: Oldest of 10 children (5 adopted) of Kenneth and Laura Landers Married: 1985 Doris J. Inman -Landers (Teacher), 2 Children; Amanda and Kenneth Education: Vero Beach High School University of Florida Major — Real Estate Employment: 1981 May 1985 BHHS Florida Realty (Norris & Company) 11/2009 — Present Vero Beach, FL Broker — Associate Coldwell Banker Ed Schlitt, LC 3/ 2009 — 11/2008 Vero Beach, FL Broker — Associate The Professionals Realty, LLC 6/ 2003 — 3/2009 Vero Beach, FL Broker — Owner Coldwell Banker Ed Schlitt, LC 5/99 — 6/2003 Vero Beach, FL New Home Division Various Builders & Developers 5/1985 — 5/1999 Vero Beach, Orlando and Gainesville, FL General Manager, Sales Manager Community Involvement: Realtors Association of Indian River County Realtor of The Year 2013 and 2007, President 2003, Instructor Ethics section for new member Orientation (2006 -present), Government Affairs Treasurer, MLS Treasure Coast Builders Association Indian River County Chapter Chairperson (1993, 1994), Board of Directors (1993-1999, 2002) IR Chamber of Commerce Impact Fee Committee Vero Beach Indian River County Chamber of Commerce SR 60 Task Force Indian River County Affordable Housing Committee City of Vero Beach Downtown Ad Hoc Committee Address: 1440 Bunker Ct Vero Beach, Fl 32966 Contact Information: Telephone: 772-473-7888(Mobile) Email: chipaa,chiplanders.com 146 141A.1, November 9, 2021 ITEM 14.A. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 2, 2021 SUBJECT: Discussion on Indian River County Joining the Small County Coalition FROM: Joseph E. Flescher, Chairman Commissioner, District 2 Discussion Item: The Chairman of the Small County Coalition has expressed a strong interest in Indian River County becoming a participating member of the Coalition. The Small County Coalition was established in 1991, at the request of legislators from small counties, to help bring a clear focus on and support for issues pertaining to small and rural counties. Since its creation, the Coalition has worked with the legislature, state agencies, and various organization to encourage positive policies and programs that address the challenges faced in Florida's small communities. The Coalition does not conflict with the Florida Association of Counties; rather, it works closely with FAC to ensure the internal policies and elected leadership reflect the diversity that exists in our 67 counties. The annual participation fees are set at $4,850, a one-time yearly charge, and there are no additional registration fees or assessments. I'd like to hear the Board's thoughts on this proposal. Should the Board decide to accept the offer, it would need to designate two members of the BCC to serve as IRC's appointments to the Coalition's Board of Directors, plus a lead staff person as the staff liaison. Attachments 1. Cover letter from Terry Burroughs and Chris Doolin of the SCC 2. Participation of Small Counties and their commissioners in the Small County Coalition and on the FAC Board and Policy Committees 3. Form designating participants for the SCC Board of Directors 147 Transmitted Electronically 0dober 29, 2021 To: Joseph Flescher, Chairman, Indian River Board of County Commissioners Jason Brown, Administrator, Indian River Board of County Commission From: Terry Burroughs, Commission — Okeechobee County, Chair of the Small County Coalition 76" &wmip4 Chris Doolin, Executive Consultant to the Small County Coalition Chr& DOOtb'l. Re: Request Consideration by the Indian River Board of County Commissioners to become a participating member of the Small County Coalition As the Chairman of the Small County Coalition, I want to convey that the Small County Coalition leadership would very much like to have the Indian River County Commission consider becoming a participating member of the Coalition. I and other commissioners have requested that I reach out to your commission with the specific request to join with 39 other commissions that are currently Coalition members. The Small County Coalition was established in 1991, at the request of legislators from small counties, to help bring a clear focus on and support for issues pertaining to small and rural counties. Since its creation, the Coalition has worked with the legislature, state agencies and vario-as organization to encourage positive policies and programs that address the challenges faced in Florida's small communities. The Coalition was not created nor is it structured to conflict with the Florida Association of Counties. In fact, the Coalition works closely with the Florida Association of Counties to ensure the internal policies and elected leadership reflect the diversity that exists in our 67 counties. The strong participation of the Small County Coalition members has had the effect of strengthening the state association through increased participation, advocacy, and collaboration. Regarding membership in the Small County Coalition - It is our request that you schedule an opportunity for the Commission to join the Coalition. The annual participation fees are set at $4,850.00. The fees are a one-time a year charge, there are no additional registration fees or assessments. If the Commission joins two members of the Commission would be designated to serve as I.R.'s appointments to the Coalition's Board of Directors. In addition, we would request that a lead staff person be designation to serve as the staff liaison. All commissioners are welcome to attend Coalition activities and any of the commissioners are able to serve as a voting proxy if the designated Board member is not present. Attached are two documents — 1. A document showing the participation of Small Counties and Commissioners from small counties in the Small County Coalition and on the FAC Board and Policy Committees. 2. A form to complete listing the designated participants for the Coalition Board of Directors. Finally, the Coalition will be holding its Fall Lunch Meeting on Thursday, November 181 in conjunction with the FAC Legislative Conference. We would be pleased if we could announce that Indian River County Commission had become a participating member of the Coalition at that time. Please feel free to call me at 863-697-6325 or Chris Doolin — our Executive Consultant at 850-508-5492 or any our members or any of the FAC leadership if you need to get additional information or affirmation of how we operate or the strength of our relationship with the state association. Thank you for your consideration — we look forward, hopefully, to a positive response to this request. cc — Small County Coalition Executive Committee Members 148 Overview of Commissioner and County Participation In the Small County Coalition and the Florida Association of Counties Small County Coalition - County Members Current Officers and Executive Committee Members Coalition Board of Directors and Staff Liaisons Small County Commissioners Involved in FAC FAC Officers Small County Commissioners serving as FAC Board Members Small County Commissioners serving on FAC Policy and Select Committees 149 Small County Coalition Members Baker County Commission Bradford County Commission Calhoun County Commission Charlotte County Commission Citrus County Commission Clay County Commission Columbia County Commission Dixie County Commission DeSoto County Commission Flagler County Commission Franklin County Commission Gadsden County Commission Gilchrist County Commission Glades County Commission Hamilton County Commission Hardee County Commission Hendry County Commission Hernando County Commission Highlands County Commission Holmes County Commission Jackson County Commission Jefferson County Commission Lafayette County Commission Levy County Commission Liberty County Commission Madison County Commission Martin County Commission Monroe County Commission Nassau County Commission Okaloosa County Commission Okeechobee County Commission Putnam County Commission Santa Rosa County Commission Suwannee County Commission Taylor County Commission Union County Commission Wakulla County Commission Walton County Commission Washington County Commission 150 PSL coves CURRENT OFFICERS and EXECUTIVE COMMITTEE MEMBERS for 20-21 Chairperson — Commissioner Terry Burroughs, Okeechobee County Vice -Chairperson — Commissioner Russell Melendy, Hardee County Secretary —Commissioner Tray Hawkins Past- Chairperson - Commissioner John Meeks, Levy County Executive Committee Members Chairs Agnointees M) to 3) Commissioner Scott Carnahan — Citrus Commissioner Larry Harvey — Putnam Commissioner Donald O'Brien — Flagler Region 1 (Wakulla, Franklin, Gulf, Walton, Washington, Holmes Santa Rosa* and Okaloosa*) Commissioner Danny Glidewell, (Walton County) - 2023 Commissioner Ricky Jones, (Gulf County) — 2022 Region 2 (Hamilton, Gadsden, Jackson, Jefferson, Liberty, Madison, and Calhoun) Commissioner Ronnie Moore (Madison County) - 2023 Commissioner Scott Monlyn (Calhoun County) — 2022 Region 3 (Bradford, *Clay, Columbia, Union, Baker, Nassau, Flagler, and Putnam,) Commissioner Chris Daugherty (Bradford ) — 2023 Commissioner Ron Williams (Columbia County)- 2022 Region 4 (Gilchrist, Lafayette, Dixie, Levy, Sumter, Suwannee, Taylor, Citrus and Hernando) Commissioner Anthony Adams (Lafayette County) — 2023 Commissioner Clyde Fleming (Suwannee County)— 2022 Region 5 (*Charlotte, DeSoto. Glades, Hendrv, Hardee. Hi-ahlands. Indian River. Okeechobee. Martin. and Monroe) Commissioner Kelly Owens (Okeechobee County) — 2023 Commissioner Michelle Coldiron (Monroe County) — 2022 151 County 7 Baker County tBr—adford County Calhoun County Charlotte County Citrus County i-- ---- Columbia _Columbia County Clay County DeSoto County Dixie County Flagler County Franklin County Gadsden County Gilchrist County Glades County Hamilton County Hardee County Hendry County Hernando County Highlands County Holmes County Jackson County Jefferson County Lafayette County Levy County Liberty County r— Madison County Martin CountyMonroe County Nassau County Okaloosa County Okeechobee County Putnam County Santa Rosa County Suwannee County Taylor County Union County Wakulla County Walton County Washington County Small Countv Coalition Board of Directors and Staff Liaison Commissioner +James Peacock I Wilanne Daniels Steve Walker Parnsh Barwick Commissioner - Staff Liaison Jimmy Anderson James Bennett Sara Little Chris Dougherty -Exec. Committee David Rice Roman Gastesi Daniel Riddick�Allysa Bell B Taco Pope Winston Scott Monlyn — Exec. Committee Gene Bailey Juanice Wemgerd Christopher Constance _1Clyde Ken Doherty Cameron Pennant Scott Carnahan — Exec. Comm. Ch. Appt. Ron Kitchen Randy Oliver Ronald Williams — Exec. Comm. Tim Murphy David Kraus Betsy Condon Dr. Kristen Burke Howard Wanamaker J.C. DerisoElton Langford Mandy Hines Jody Stephenson .......... Greg Hansen Ricky Jones — Exec. Comm. Brenda Holt Bill Martin John Ahern Randy Ogburn Russell Melendy— Vice Chair Karson Turner Jeff Holcomb Chris Campbell Phillip Music Clint Pate Gene Hall Earnest Jones John Meeks -- Past Chair Scott Phillips Ronnie Moore — Exec. Committee Doug Smith Michelle Coldiron — Ex. Comm. Thomas Ford Nathan Boyles Terry Burroughs —Chair Bill Pickens Sam Parker Franklin White Jamie English Lacey Cannon Ralph Thomas Danny Glidewell - Exec. Comm. Alan Bush Mark Hatch Don O'Brien — Exec. Comm. Ch. Appt Jessica Ward Eric Hinson I Darrell Smith ITony Whidden William Mitchell TRenee Wyatt Ramon Iglesias Elizabeth Narverud Arlene Tuck ---- — Clint Erickson Duane Cannon Jerry Cameron Mike Moron Ed Dixon Bobby Crosby Bob Jones Louie Goodin LawTence McNaul Jennifer Davis Jeffrey Rogers Randal Vosburg I David Corbin 152 +James Peacock I Wilanne Daniels Steve Walker Parnsh Barwick - -----.—. — ---- Anthony Adams - Ex. Comm. Steve Land Lilly Rooks Wilbur Dean Dewayne Branch Daniel Stanley Alston Kelley Sherilyn Pickles Stacey Hetherington Taryn Kryzda David Rice Roman Gastesi TAaron Bell B Taco Pope 7Carolyn Ketchel John Hofstad Kelly Owens — Exec. Committee Deborah Manzo Larry Harvey — Exec. Comm. Ch. Appt Terry Suggs David Piech Tiffany Nolan _1Clyde Fleming - Ex. Comm. Randy Harris d Michael Newman LaWanda Pemberton-------{{{{ James Tallman Jimmy Williams Charles Hess David Edwards Trey Nick Larry Jones Tray Hawkins - Exec. Comm. Jeff Massey 152 OFFICERS OF THE FLORIDA ASSOCIATION OF COUNTIES *- INDICATES MEMBER OF THE SMALL COUNTY COALITION President- Ralph Thomas - Wakulla County * President Elect - Lee Constantine - Seminole County First Vice President - Bill Truex - Charlotte County * Second Vice President - Terry Burroughs - Okeechobee County Immediate Past President - Melissa McKinlay - Palm Beach County BOARD OF DIRECTORS FROM SMALL COUNTIES District 2 - JOHN "TRAY" HAWKINS, III - Washington County District 3 - RICKY JONES - Franklin County District 4 - THOMAS FORD - Nassau County District 5 - JOHN MEEKS -Levy County District 7 - DONALD O'BRIEN - Flagler County District 8 - LARRY HARVEY - Putnam County District 10 - SCOTT CARNAHAN - Citrus County District 17 - SUSAN ADAMS - Indian River County District 23 - KEN DOHERTY - Charlotte County District 26 - KELLY OWENS - Okeechobee County District 28 - EMMA BYRD - Hendry County District 39 - MICHELLE COLDIRON - Monroe County AT -LARGE APPOINTMENTS MEL PONDER - Okaloosa County RUSSELL MELENDY - Hardee County ANTHONY "DR. V" VIEGBESIE - Gadsden County CHRIS DOUGHERTY - Bradford County PAST PRESIDENTS FROM SMALL COUNTIES KARSON TURNER - Hendry County - 2018-19 CHRIS CONSTANCE - Charlotte County - 201; -18 DOUG SMITH - Martin County - 2011 - 12 153 SMALL COUNTY COALITIONMEMBERS ONTAC COMMITTEESAND CAUCUSES RURAL CAUCUS - Emma Byrd, Hendry County, Chair and John Meeks, Levy County, bice Chair FINANCE, TAX, AND ADMINISTRATION (FTA) Kelly Owens, Okeechobee County, Chair Ruthie Schlabach, Citrus County Scott Carnahan, Citrus County Donald O'Brien, Flagler County Matt Brooks, Levy County Mel Ponder, Okaloosa County Danny Glidewell, Walton County John "Tray" Hawkins, Washington County Arlene Tuck, Highlands County Susan Adams, Indian River County Scott Monlyn, Calhoun County Russell Melendy, Hardee County Ronterious Green, Gadsden County Sandy Quinn, Gulf County Sam Parker, Santa Rosa County Laura Moss, Indian River County AGRICULTURE & RURAL AFFAIRS (ARA) Susan Adams, Indian River County, Chair John "Tray" Hawkins, Washington County, bice Chair Anthony Viegbesie, Gadsden County Ruthie Schlabach, Citrus County Scott Carnahan, Citrus County Joe Mullins, Flagler County John Meeks, Levy County Matt Brooks, Levy County Larry Harvey, Putnam County Jay Zembower, Seminole County Ricky Jones, Franklin County Tim Stanley, Glades County Mitchell Wills, Hendry County Arlene Tuck, Highlands County Danny Glidewell, Walton County Alston Kelley, Madison County Scott Monlyn, Calhoun County Chris Dougherty, Bradford County Clyde Flemming, Suwannee County Russell Melendy, Hardee County Judith Schaefer, Desoto County 154 FEDERAL HEALTH, SAFETY & JUSTICE (HSJ) John Meeks, Levy County Anthony Viegbesie, Gadsden County Ken Doherty, Charlotte County Mitchell Wills, Hendry County Joe Mullins, Flagler County Kelly Owens, Okeechobee County John "Tray" Hawkins, Washington County Joseph Earman, Indian River County Robert Cole, Santa Rosa County Michelle Coldiron, Monroe County Alston Kelley, Madison County Danny Glidewell, Walton County Ward McDaniel, Gulf County John "Tray" Hawkins, Washington County Arlene Tuck, Highlands County Mike Cella, Clay County Kimblin Nesmith, Gadsden County Alston Kelley, Madison County Doug Smith, Martin County Scott Monlyn, Calhoun County Chris Dougherty, Bradford County Bert Boldt, Franklin County PRESIDENTIAL SELECT COMMITTEE ON PRESIDENTIAL SELECT COMMITTEE ON BROADBAND PREEMPTION Ralph Thomas, Wakulla County, Chair Lary Harvey, Putnam County, Chair Mel Ponder, Okaloosa County, Co -Vice Chair Kimblin Nesmith, Gadsden County Chris Constance, Charlotte County Ron Moore, Madison County Doug Smith, Martin County Susan Adams, Indian River County Karson Turner, Hendry County John "Tray" Hawkins, Washington County Bill Truex, Charlotte County Terry Burroughs, Okeechobee County Ricky Jones, Franklin County Stephen R. Deutsch, Charlotte County Holly Raschein, Monroe County 155 2020-2022 Small County Coalition Members MEMBER COUNTIES 2020-2022 Baker County District 1— James Croft District 2 — Jimmy Anderson District 3 — Cathy Rhoden District 4 — James Bennett District 5 - Mark Hartley Bradford County District 1- Carolyn Spooner District 2 — Kenny Thompson District 3 — Chris Dougherty District 4 — Daniel Riddick District 5- Diane Andrews Calhoun County District 1 - Lee Brown District 2 — Earl Hunt District 3 — Darryl Glenn O'Bryan District 4 — Scott Monlyn District 5 — Gene Bailey Citrus County District 1 —Jeff Kinnard District 2 — Ronald Kitchen, Jr. District 3 - Ruthie Schlabach District 4 — Scott Carnahan District 5 Holly Davis Columbia County District 1 - Ronald Williams District 2 — Rocky Ford District 3 Robby Hollingsworth District 4 — Toby Witt District 5 — Tim Murphy DeSoto County District 1 — Jerod Gross District 2 — J. C. Deriso District 3 Judy Schaeffer District 4 — Elton Langford District 5 Ashley Coone Dixie County — District 1- Jody Stephenson District 2 — W.C. Mills District 3 — Mark Hatch District 4 — Jamie Storey District 5 — James Valentine Flagler County — District I Andrew Dance District 2 — Greg Hansen District 3 — David Sullivan District 4 — Joe Mullins District 5 — Donald O'Brien Franklin County — District 1 — Ricky Jones District 2 — Bert Boldt District 3 - Noah Lockley, Jr District 4 — Smokey Parrish District 5 — Jessica Varnes Ward Gadsden County — District 1 — Eric Hinson District 2 — Anthony Viegbesie District 3 — Kimble E. NeSmith District 4 - Brenda Holt District 5 - Ronterious Green 156 Gilchrist County District 1 - Sharon Langford District 2 — William Martin District 3 — Ronald Smith District 4 — Marion Potevant District 5 - Kenrick Thomas Glades County — District I —Tony Whiddon District 2 — Donna Storter-Long District 3 —Jerry Sapp District 4 - John Ahern District 5 —Tin Stanley Hamilton County — District 1— James Murphy District 2 — Joshua Smith District 3 — Robert Brown District 4 - Randy Ogburn District 5 — Richie McCoy Hardee County — District I — Sandy Meeks District 2 — Noey Adam Flores District 3 -Dawn Wyatt District 4 — Russell Melendy District 5 - Judith George Hendry County — District 1— Emma Byrd District 2 — Darrell Harris District 3 — Mitchell Wills District 4 Ramon Iglesias District 5 — Karson Turner Highlands County District 1 Kevin Roberts District 2 Kathleen Rapp District 3 - Scott Kirouac District 4 — Arlene Tuck District 5 —Christopher Campbell Holmes County — District 1 Jeff Good District 2 — Brandon Newsom District 3 - Phillip Music District 4 — Earl Stafford District 5 — Clint Erikson Jackson County — District I -Alex McKinnie District 2 — Clint Pate District 3 — Paul Donofro District 4 — Eric Hill District 5 — Jim Peacock Jefferson County — District I - Chris Tuten District 2 - Gene Hall District 3 - J. T. Surles District 4 — Betsy Barfield District 5 — Stephen Walker Lafayette County District 1 - Lance Lamb District 2 — Henry McCray District 3 —Lisa Walker District 4 — Anthony Adams District 5 - Earnest Jones Levy County — District 1 — John Meeks District 2 — VACANT District 3 — Mike Joyner District 4 — Lilly Rooks District 5 - Matt Brooks 157 Liberty County — District I- Dewey "Bubba" Branch District 2- Hannah Causseaux District 3- Jim Johnson District 4 Doyle Brown District 5- Scott Phillips r Madison County — District 1 — Alston Kelley District 2 — Donnie Waltrip District 3 - Ronnie Moore District 4 — Alfred Martin District S — Brian M. Williams Martin County — District I — Doug Smith District 2 — Stacey Hetherington District 3 — Harold Jenkins District 4 — Sarah Heard District 5 — Edward Ciampi Monroe County — District 1 — Craig Cates District 2 — Michelle Coldiron District 3 — Eddie Martinez District 4 — David Rice District S — Holly Raschein Nassau County — District I - John Martin District 2 — Aaron Bell District 3 - Jeff Gray District 4 — Thomas Ford District S - Klynt Farmer Okeechobee County District 1 - David Hazellief District 2 — Bryant Culpepper District 3 — Brad Goodbread District 4 — Terry Burroughs District 5 - Kelly Owens Putnam County — District 1 —Bill Pickens District 2 — Jeff Rawls District 3 - Terry Turner District 4 - Lawrence Harvey District S Paul Adamcyzk Suwannee County District 1 —Don Hale 1 District 2 — Clyde Fleming District 3 —Travis Land District 4 — Len Stapleton District S —Franklin White Taylor County — District 1- Jamie English District 2 — Jim Moody District 3 Michael Newman District 4 —Pam Feagle District 5 — Thomas Demps Union County — District 1 - Ryan Perez District 2 — Channing Dobbs District 3 - Jimmy Tallman District 4 — Lacey D. Cannon District 5 — Travis "Willie" Croft Wakulla County — District 1 - Ralph Thomas, Jr. District 2 — Randy Merritt District 3 Mike Kemp District 4 — Quincee Messersmith District 5 — Chuck Hess 158 Walton County — District I —William McCormick District 2 — Danny Glidewell District 3 Mike Barker District 4 — Trey Nick District 5 —Tony Anderson Washington County District 1 — Alan T. Bush District 2 — Charles Kent District 3 — Tray Hawkins District 4 —Todd Abbott District 5 —Steve Joyner ASSOCIATE MEMBER Populations Greater than 150,000 Charlotte County District 1 — Ken Doherty District 2 — Christopher Constance District 3 — Bill Truex District 4 —Stephen Deutsch District 5 — Joseph Tiseo Clay County District 1 — Mike Cella District 2 — Wayne Bolla District 3 — James Renneger District 4 — Betsy Condon District S — Kristen Burke Hernando County — District 1 — Elizabeth Narverud, District 2- Wayne Dukes District 3 - John Allocco District 4 - Jeff Holcomb District 5 - Steve Champion Okaloosa County — District 1 Paul Mixon District 2 — Carolyn Ketchel District 3 — Nathan Boyles District 4 — Trey Goodwin District 5 Mel Ponder Santa Rosa County — District 1 —Sam Parker District 2 - Bob Cole District 3 — James Calkins District 4 — Dave Piech District 5 - Colten Wright SMALL COUNTIES ELIGIBLE TO BE MEMBERS Gulf County — District 1 — David Rich District 2 — Ward McDaniel District 3 — Patrick Farrell District 4 - Sandy Quinn District 5 — Phillip McCroan Indian River— District 1 —Susan Adams District 2 — Joseph Flescher District 3 —Joseph Earman District 4 — Peter O'Brien District 5 —Laura Moss Sumter County — District I —Gary Search District 2 — Doug Gilpin District 3 — Craig Estep District 4 — Garry Breeden District S —Oren Miller 159 Designated Commission Representatives and Staff Liaison • Each County Commission that is a member of the Small County Coalition is authorized to appoint two designated Commissioners to serve as the Board of County Commission representatives on the Small County Coalition Board of Directors. • Each member is also requested to identify a county staff person to serve as the county liaison with the Coalition office. Please review the names listed for you county - these are the names currently on record and recognized as representatives on the Coalition's Board of Directors from each county. If there are any changes please send them to the Small County Coalition Office by Email. The two commissioners designated will be recognized by the Small County Coalition as Board of Directors members. • Commissions can submit changes at any time. • If the designated commissioners are not able to attend meetings other Commissioners in attendance will be recognized. • All commission members can attend any meeting that is held by the Small County Coalition. SMALL COUNTY COALITION BOARD OF DIRECTOR DESIGNATIONS Name of County - Name of Commissioners designated Commissioner Telephone - Commissioner Telephone - _ Staff Liaison Designated: Title - Telephone - E-mail E-mail E-mail E-MAIL - CDoolinaDoolinandAssoc.com 160 14 ,B, I I NOVEMBER 09, 2021 ITEM 14.B.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 03, 2021 SUBJECT: FAU Harbor Branch Oceanographic Institute's 50th Anniversary FROM: Peter D. O'Bryan, Vice Chairman Commissioner, District 4 Discussion Item: I am asking the Board if they wish to make a one-time contribution of $2,500.00 as a commitment to ocean research and supporting FAU Harbor Branch Oceanographic Institute's 50th Anniversary. Attachments: 1. Email from FAU Harbor Branch Oceanographic Institute; 2. Harbor Branch 50th Anniversary Events; 3. Harbor Branch Reply form; 4. Harbor Branch Sponsorship Brochure. 161 From: Cara Perry <perrvc@fau.edu> Sent: Wednesday, September 22, 20216:01 PRA To: Michael Zito <mzito@ircgov.com> Cc: Amanda Nickeson <anickeson@fau.edu> Subject: Can we include Indian River County as a sponsor? FAU Harbor Branch Oceanographic Institute Celebrates 50 Years! CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Michael, Again, it was a pleasure meeting you recently, and it is always exciting to hear from proud FAU parents! I am reaching out to you today with some information on opportunities related to FAU Harbor Branch Oceanographic Institute's 501h Anniversary. It would be wonderful to display Indian River County's support of the Institute and our work to preserve the environment: 2021 marks 50 years of relentlessly pursuing Ocean Scierce for a Better World at Florida Atlantic University Harbor Branch Oceanographic Institute, just a couple of miles south of Indian River County. 50 years of working on critical ocean issues like new cancer therapies, global food security, wildlife conservation and toxic algal blooms. 50 years of ocean exploration envisioned by famed inventor Edwin A. Link and founder J. Seward Johnson Sr. The 501h Anniversary is a call to action for us to honor our past while rising to face the pressing issues of our future. Our community, our people and our health are linked inextricably to the oceans. Consequently, our work to ensure that the ocean can sustain global economies, food security, medicire and biodiversity depends on the support of community leaders. We simply can't do it without you, which is why we hope you will consider becoming integral to this milestone celebration through sponsorship. We have created a special level of sponsorship for our community leaders to show the public your commitment to the ocean research that benefits the communities you serve. At this level, we ask that our Community Leaders support us at the $2,500 level. Community Leaders receive all the benefits at the Ocean Adventurer level. Please join us in this truly exceptional opportunity to celebrate our history and catapult forward our next fifty years. As a sponsor, you'll be making an enduring impact on the future of ocean conservation. Please find a listing of celebratory events and spcnsorship opportunities attached. You can also view everything here: https://www.fau.edu/hboi/50/ Amanda and I are !-appy to answer any questions. Thank you very much for your consideration. All the best, Cara Perry and Amanda Nickeson V.0 V" IC r .- FLORIDA ATLANTIC UNIVERSITY" t'EARS Amanda L. Nickeson Executive Director of Development Florida Atlantic University Harbor Branch Oceanographic Institute 5600 US 1 North, Fort Pierce, FL 34946 412.296.1852 cell anickeson@fau.edu I www.fau.edu/hboi If you would like to make a gift online, please visit https://fauf.fau.edu/harbor-branch. To make a donation by mail, make the check payable to FAU Foundation, Inc., specify Harbor Branch in the memo line and mail the payment to FAU Foundation, Inc., 777 Glades Road, ADM 295, Boca Raton, FL 33431. 162 50 Years of YEARS Ocean Science__9 L,111 ® HARBOR BRANCH fora Better World FLORIDNATLANTIC UNIVERSITY 2021 marks the 50th Anniversary of our relentless pursuit of Ocean Science for a Better World'. Founded in the spirit of ocean exploration, Florida Atlantic University Harbor Branch Oceanographic Institute is driven by a rich history of world-class research dedicated to marine ecosystem conservation, ocean and human health, aquaculture innovation and food security, technological innovation and national defense. Join us as we mark our 501h Anniversary with a series of special events: Mission: Ocean Discovery 501h Anniversary Outreach Program Series Nov. 1, 2021 - April 30, 2022 Ocean Discovery Visitors Center, Fort Pierce Special historical content will oe highlighted during behind -the -scenes tours presented by experts and in new exhibitions. Celebrating 50 Years of Ocean Science for a Better World' - An Exhibition Nov. 1, 2021 - April 30, 2022 Elliott Museum, Stuart A one -of -a -kind exhibition that highlights our rich history, current research and features our famed Johnson -Sea-Link submersible. FAU Harbor Branch Mini -Lecture Series Wednesday, Nov 17, 2021, 7 p.m. Elliott Museum, Stuart "Celebrating 50 Years of Ocean Science for a Better Wcrld" ' Jim Masterson, Ph.D., assistant research professor, FAU Harbor Branch Wednesday, Dec 15, 2021, 7 p.m. Elliott Museum, Stuart "Deep Sea Discoveries and Adventures - Highlights of Dives with the Johnson -Sea-Link Submersibles" John Reed, M.Sc., research professor, FAU Harbor Branch Wednesday, Jan. 19, 2022, 7 p.m. Elliott Museum, Stuart "Algal Blooms in Florida's Coastal and Inland Waters" Malcolm McFarland, Ph.D., research associate, FAU Harbor Branch Learn more & Register fau.edu/hboi/50 Celebrating 50 Years of Ocean Science for a Better World' - Osher Lifelong Learning Institute Thursday, Dec. 9, 2021 FAU Fort Lauderdale Campus "Power from the Gulf Stream - The Potential and Challenges of Developing Blue Energy" William Baxley, M.A., PE, chief engineer, Southeast National Marine Renewable Energy Canter Tuesday, Jan. 25, 2022 FAU Boca Campus "FAU Harbor Branch - 50 Years of Ocean Science for a Better World"' Jim Sullivan, Ph.D., executive director, =AU Harbor Branch Tuesday, Feb. 22, 2022 FAU Harbor Branch, Fort Pierce 50 Years of Ocean Science for a Better World' Campus Tour Celebrating 50 Years of Ocean Sc'.ence Lecture Series Wednesdays, Jan. 12 - April 6, 2022, 4 and 7 p.m. Visit fau.edu/hboi/50 for schedule and to register. FAU Harbor Branch, Fort Pierce Featuring speakers and presentation -opics that highlight the Institute's historic events and signature research programs that contribute to ocean science on a global scale. Indian River Lagoon Symposium 2022 Thursday, Feb. 17, and Friday, Feb. 18, 2022 The Indian River Lagoon (IRL) Symposium is a multi- institutional effort to provide a public forum to discuss science and its application to the maragement of the lagoon. 0 0 Q G @FAUHarborBranch FAU Harbor Branch Oceanographic Institute 1 5600 US 1 North Fort Pierce, FL 34986 1 772.242.2214 1 Ha-borBranchuiau.edu ❑ Ocean Pioneer Presenting Sponsor—$50,000 Ocean Crusader Sponsor—$25,000 ❑ Ocean Defender Sponsor—$10,000 ❑ Ocean Adventurer Sponsor—$5,000 ❑ Other$....................................................................... Please select one: ❑ Check Enclosed ❑ Please Invoice ❑ Credit Card To pay by credit card, please visit: fau.edu/hbol/50 Please list our company name as............................................................................................................. ContactName.........................................................................................._Title.................................................... Address......................................................................................................................................................................... City................................................................................................ State .................... Zip......................................... Phone................................................................ Email................................................................................................ Learn more: Amanda Nickeson Executive Director of Development t.412.296.1852 I anickeson@fau.edu ❑ We wish to waive benefits FAU Foundation is a 501(c)(3) charitable organization, and its Tax Identification Number is 59-0917284. Return to: Consult your tax advisor regarding :he charitable FAU Harbor Branch Oceanographic Institute deduction involved in this transaction and the manner 50th Anniversary of reporting and substantiating the gift. 5600 US 1 North 22HBOISPON; HB0703 Fort Pierce, FL 34946 a IA_ DU r Z C4 W aa i M V y a a n W p I w r O O N C d y a a n c 7(- 3 u tr o m c _ 0 m ry .0 'o>+ G Sa 'wm .•. �� dO d d H u � � p m Y •- den CL C Q+ d� 00 (•., r,_ (• . •tet u,�,, orn aQ,r4'f r� L Cm d Y O m i t y L y o i v d y p u 3 3 C> y > m C > n O ? _ U -C u u 3d d •y W O Y y 3 •L C A22 u C : o Q_ N +�„ 0 G vdi 2 OO 3 y ms a O w y y O W j -6 c t0 u N w H r G z Q\ E d ry i N - � ry rJ N 7 �J R > O W R O � i U ; a A I d C LU = N o� Y 3 m c O Z U u .0 i • j , ')� 7► ll� 1 ')� NP I. 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NOVEMBER 09, 2021 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 03, 2021 SUBJECT: Proposed Broadband Resolution FROM: Susan Adams Commissioner, District Discussion Item: I respectfully request consideration of approval of the attached sample resolution in support of the Florida Association of Counties Access 67 3roadband Initiative. We adopted a similar resolution in support cf Broadband last year. The attached resolution reflects ongoing advocacy of the initiative and incorporates language supporting FAC and DEO as we continue to work on the broadband needs of individual counties and the State of Florida as a whole. 167 Sample ACCESS 67 County Resolution Resolution 21- A RESOLUTION OF THE COUNTY BOARD OF COUNTY COMMISSIONERS, SUPPORTING THE FLORIDA ASSOCIATION OF COUNTIES' ACCESS 67 INITIATIVE FOR AFFORDABLE AND RELIABLE HIGH-SPEED INTERNET THROUGHOUT FLORIDA. WHEREAS, affordable and reliable, high-speed internet access is essential for Floridians to be prosperous, compete in a global economy, and achieve a high quality of life; and WHEREAS, affordable and reliable, high-speed internet access is as fundamental as acquiring electricity in the first half of the 20th century; and WHEREAS, the lack of broadband internet access impacts small, medium, and large counties, both rural and urban; and WHEREAS, the absence of high-speed internet hinders: • Equitable educational opportunities for school children and workforce development; • Access to telemedicine to improve health outcomes without demanding travel and transportation needs; • Rapid communication between the public and law enforcement agencies; • Economic competitiveness limiting business investment, job growth, and career opportunities; WHEREAS, high-speed Internet can be cost prohibitive for many Floridians further accelerating the Digital Divide; and WHEREAS, affordable internet access includes a digital equity component focused on identifying groups disproportionately impacted by the Digital Divide that contribute to national and local disparities; and WHEREAS, identifying community needs, assets, and barriers is necessary to meet the goal of universal access to high-speed Internet; and WHEREAS, local governments, states, and the federal government must leverage resources to deliver cost-effective broadband solutions which provide a return on investment to both the public and private interest; and WHEREAS, county officials play a crucial role as policymakers, funders, data aggregators, conveners, and partners in pursuing sustainable solutions to broadband access, affordability, and reliability; and, WHEREAS, the Florida Association of Counties ACCESS 67 initiative seeks to implement a comprehensive approach to empowering counties to develop solutions to address the impacts of the lack of ACCESS to critical telecommunication and information technology resources in Florida communities; and 168 WHEREAS, the Florida Legislature passed House Bill 969 in 2020 creating an Office of Broadband within the Department of Economic Opportunity requiring the creation of a strategic plan that has goals and strategies for increasing the use of broadband Internet service in the state; and WHEREAS, it's critical the strategic plan be based on up-to-date and location -specific mapping that identifies broadband internet speeds at a granular, census block level to accurately assess internet access needs of the public and private sector; and WHEREAS, the Florida Legislature passed House Bill 1239 in 2021, the "Florida Broadband Deployment Act of 2021", finding sustainable broadband Internet service is critical to economic and business development, essential for all residents, and provided resources to develop a state broadband internet service map to identify connectivity gaps to end users; and WHEREAS, counties serve a vital role in coordinating Office of Broadband Local Technology Planning Teams with their local counterparts, including: libraries; K-12 education; colleges and universities; local health care providers; private businesses; community organizations; economic development organizations; local governments; tourism; parks and recreation; and agriculture; and WHEREAS, state restrictions limit opportunities for counties to aggregate the user scale necessary to overcome otherwise cost -prohibitive service opportunities, achievable through public-private partnerships; and WHEREAS, the National Association of Counties Broadband Task Force report identified specific themes that serve as force multipliers in deploying better and more affordable services, including: • Defining a modern "minimum standard" of Broadband • Implementing smart "Dig Once" policies and practices including "rights of way" as public assets • Testing and deploying fiber, cellular, satellite and other technologies • Focusing on local community engagement and partnerships • Tackling the "Homework Gap" • Removing bans on municipal broadband • Establishing a national grants/loans clearinghouse • Regulating broadband as a utility • Committing to world -leading broadband data and mapping analytics WHEREAS, deployment of broadband internet technology solutions should be tailored to meet the specific needs of the local community; and WHEREAS, collaboration between Internet Service Providers and counties will ensure community needs are addressed within acceptable timeframes to best serve their communities. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of County, Florida, as follows: Section 1. The above recitals are true and correct and incorporated in this Resolution. 169 Section 2. The County Board of County Commissioners, supports the Florida Association of Counties ACCESS 67 Initiative to implement a comprehensive approach to empowering counties to develop solutions to address the impacts of the lack of ACCESS to critical telecommunication and information technology resources in Florida communities. Section 3. The County Board of County Commissioners, further supports the Florida Department of Economic Opportunity's Office of Broadband in its effort to achieve access to reliable and affordable, high-speed internet access to every household and business throughout the State of Florida. Section 4. A copy of this resolution shall be sent to the Florida Association of Counties; the Department of Economic Opportunity's Office of Broadband; the Governor of the State of Florida; the President of the Florida Senate; the Speaker of the Florida House of Representatives; and APPROVED and ADOPTED by the Board of County Commissioners of County, Florida on the day of , 2021. Section 5. This Resolution shall become effective immediately upon adoption. 170 15B,q, SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 1, 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: Approval for Sale of SWDD Property to MWI Descriptions and Conditions: On March 6, 2018, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved the sale of 12.46 acres of SWDD property to Moving Waters Inc. (MWI) based on their interest in expanding their business in IRC. On March 24, 2021, MWI President, Dana Eller, submitted the attached letter of interest to the County Administrator to purchase 10 aces of SWDD property due west of their existing property located at 7577 SW 9th Avenue. The parcel of property that MWI is interested in is 39.75 acres, which was acquired in 1996 at an approximate cost of $36,000 per acre. However, since MWI is only interested in 10 out of the 39.75 acres, the County Surveyor first prepared a new site survey of the adjacent 10 acres in May 2021. Staff then obtained an appraisal from Armfield-Wagner Appraisal & Research, Inc. in June 2021, which valued the property at $480,000. On July 19, 2021, MWI Vice -President, Marc Boudet, submitted the attached offer letter to the County Administrator to purchase the 10 acres for $450,000. MWI indicated that their intention is to expand their current facility and will require these 10 acres for the following reasons: 1. Add 15-20,000 square foot manufacturing and office space. 2. Add 15-25 newjobs. 3. Re -locate equipment and accessor es from other MWI locations to this new parcel. 4. Allows for future expansion as the need arises. 5. MWI can increase its manufacturing space on its existing property and add more jobs to our Line Shaft and Repair Division. The purpose of this agenda item is for the SWDD Board to approve the sale of 10 acres of SWDD property to MWI. Analysis: The last 20 years have seen significant changes in the landfill permitting process. When the 39.75 -acre parcel was originally purchased in 1996, the master plan for the landfill called for the future use of the SWDD Agenda - Approval for Sale of SWDD Property to MWI Page AN SWDD Item property at hand. The most recent 2014 master plan, along with the 2016 landfill operations permit, maintains future landfill expansion south of the C-5 Canal, which excludes all of the northern parcels along Oslo Road, including the MWI property. Thus, the current SWDD property can be surplused as it is no longer needed for SWDD purposes. While the current offer is slightly less than the appraisal, three factors were considered in evaluating the offer from MWI. First, the current property is undeveloped and unimproved, and the offer is higher than the original purchase price. Second, staff has included certain restrictions in the deed for the next 10 years to protect SWDD, i.e. we have the first right of refusal if MWI decides to sell the property. Third, MWI has plans to expand this facility due to increasing business in the area. Thus, by selling the property and returning it to the tax rolls, the County provides an economic development benefit to the community while continuing to receive tax revenue wish additional employment opportunities for local citizens. Florida Statute §125.045 provides that a county may convey real estate to encourage the expansion of existing businesses. Due to the economic incentive offered to the County, public bidding is not required for sale of this property. Funding: The sale of this property for $450,000 would be placed in the SWDD/Cash Proceeds — Fixed Asset Disposal account, No. 411038-364044. Description Account Number Amount SWDD/Cash Proceeds — F/A Disposal 1 411038-364044 1 $450,000 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Staff recommends the Board approve Mffl's offer to purchase the 10 -acre parcel and authorize the Chairman to sign the Contract, County Deed, and any other closing documents on behalf of the SWDD Board. Attachment (s): Letter from MWI — March 24, 2021 Letter from MWI —July 19, 2021 Agreement to Purchase and Sell Real Estate with Exhibits A and B SWDD Agenda - Approval for Sale of SWDD Property to MWI Page 292 Manufacturers Moving Water Worldwide - Reliably and Efficiently Established 1926 Jason Brown County Administrator Indian River County 180127th Street Vero Beach, FL 32960 March 24, 2021 Dear Jason, MWI Pumps enjoys a long relationship with Indian River County. In 1983, we purchased the ongoing business of Couch Pump Company (est. 1917) in Grant Florida (Brevard County) from Allis Chalmers Corporation. As MWI Pumps continued to grow, we were not able to expand the operations in Grant, so we purchased 20 acres off Oslo Rd, and custom built a multimillion dollar facility for the expansion of our Repair and Rental operations. Eventually we relocated the total operations of Couch Pump Company to this location, along with over 40 jobs. Subsequently, the county decided that they needed our property to expand the solid waste facility, through which the property was sold to the county, and we were allowed to rent back our facility to continue operations.. Almost 20 years later we were fortunate to be able to re -acquire 12 of the 20 acres back from the County. Today, because of the security we now have in Indian River, we are starting to plan long term investments for the future again. These investments are currently in property, plant and equipment. Over the past few years, we have invested over 350,000$ in building improvements, and are preparing to invest more as we connect the facilities to the county water and sewer system. In 2020, we also purchased another Pump manufacturer, FPI aka Farmers Pump Company est. 1938, located originally in Pompano Beach FL., and relocated them to our Vero facilities. Theguruose of this letter is to request that the County sell us the adjacent 10 acres to our west. As indicated, we originally had 20 acres, and to be able to meet our future expansion plans, MWI Pumps will still need to have addittional space for buildings, manufacturing, office and warehouse space. MWI Pumps 173 33 N.W. 2nd Street Deerfield Beach, Florida 334411 p. (954) 426-15001 f. (954) 426-15821 www.mwipumps.com Manufacturers Moving Water Worldwide - Reliably and Efficiently Established 1926 Our current goals include: • To relocate more of the manufacturing of our pumps from Deerfield to Vero Beach • Expand our Pump Repair services • Add manufacturing buildings and office space (we are currently renting extra office space in Vero and would like to relocate them). • Doubling our Pump Rental Fleet from approximately 1500 pieces of equipment to 3000 pieces of equipment over the next 5 years. • The goal to double the number of rental fleet assets MWI Pumps maintains, will put considerable strain on our existing facilities, as the Vero Beach location is the MAIN service hub for MWI Pumps Rental fleet that operates 6 locations in the state of Florida. It is our belief that these investments over the next few years will add approximately 40 new manufacturing and mechanical related jobs to the existing employment MWI Pumps has in Indian River County, which stands today at 46. incerely Dana Eller President MWI Pumps cc: Marc Boudet, Vice President MWI Pumps 174 33 NX 2nd Street Deerfield Beach, Florida 33441; P. (954) 426-15001 f. (954) 426-15821 www.mwipumps.com OE Manufactures, Rental and Repair Moving Water Worldwide - Reliably and Efficiently The Power to Move Water" EatabHabaa 19U July 19, 2021 RE: 10 -acre parcel adjacent to MWI's existing 51W9th Ave Property Jason E. Brown County Administrator Indian River County 180127 1h Street Vero Beach, FL 32960 Dear Jason, MWI is requesting to purchase 10 acers adjacent to our existing property located at 7577 SW 91h Ave in Indian River County. MWI's intention is to expand our facility and will require these 10 acres to make this come to fruition. The 10 acres will allow us to: 1. Add 15-20,000 square foot manufacturing and office space for our ever-expanding rental division 2. Add 15-25 new jobs 3. Re -locate equipment and accessories f-om other MWI locations to this new parcel 4. Allows for future expansion as the need arises 5. MWI can increase its manufacturing space on its existing property and add more jobs to our Line Shaft and Repair Division. We are looking forward to expanding our Indian River County footprint. This of course will bring more revenue into the County along with job growth. Lastly, MWI will offer $450,000 for this additional property and look forward to your favorable consideration. Sincerely, Marc Boudet Vice -President Sales and Administration MWI Pumps 33 N W. 2nd Street, Deerfield Beach, FL 33441 1 phone: (954) 426-1500 1 fax: (954) 426-8938 1 www.mwipumps.co1 i5 AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT is entered into as of the day of November, 2021, by and between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, whose address is 1801 27th Street, Vero Beach, FL 32960 ("District"), and MWI Corporation, a Florida for profit corporation, whose address is 33 NW 2nd Street, Deerfield Beach, FL 33441 ("MWI"). WHEREAS, the District owns a 39.75 -acre parcel of unproved land located on 9th Street SW, Vero Beach, FL 32967 on the south side of 9th Street SW and to the north of 13th Street SW as depicted on t;ne aerial photo attached as Exhibit "A"; and WHEREAS, the parcel is zoned IG, General Industrial, and lies inside of the Urban Services Boundary; and WHEREAS, MWI owns a parce: of property at 7775 9th Street SW, Vero Beach, FL which lies adjacent to the east of the District's 39.75 -acre parcel; and WHEREAS, MWI uses the 7775 9th Street SW location for operating their business of building, refurbishing and repairing large pumps and water control devices; and WHEREAS, MWI seeks to expand their location on 9th Street SW as MWI has seen an increase in demand for their equipment in Indian River and surrounding counties; and WHEREAS, in order to support the economic growth of Indian River County and encourage expansion of small local businesses, the District is willing to sell MWI 10 acres of the 39.75 -acre tract that lies adjacent to MWI's existing operation, as depicted on the sketch and legal description attached as Exhibit "B", herein after referred to as the "Property"; and WHEREAS, MWI consents to have certain deed restrictions placed on the Property. NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Recitals. The above recitals are true and correct and are incorporated herein. 1. Agreement to Purchase and Sell. The District hereby agrees to sell to MWI, and the MWI hereby agrees to purchase from the District, upon the terms and conditions set forth in this Agreement, the 10.0 -acre parcel of real property and more specifically described in Exhibit "B" attached and incorporated by reference herein. 2. Purchase Price; Effective Date. The purchase price (the "Purchase Price") for the Property shall be FOUR HUNDRED FI=TY THOUSAND DOLLARS ($450,000.00). The 176 Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the District approves the execution of this Agreement by the Indian River County Solid Waste Disposal District at a formal meeting of such District. 3. Title to the Property. The District shall convey marketable title to the Property by county deed free of claims, liens, easements and encumbrances of record or known to the District; but subject to property taxes for the year of Closing and subject to covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents MWI's intended use and development of the Prcperty. 4.0 MWI may order an Ownership and Encumbrance Report with respect to the Property. MWI shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver written notice to the District of title defects. Title shall be deemed acceptable to MWI if (a) MWI fails to deliver notice of defects within the time specified, or (b) MWI delivers notice and the District cures the defects within thirty (30) days from receipt of notice from MWI of title defects ("Curative Period"). The District shall use best efforts to cure the defects witl,Jn the Curative Period and if the title defects are not cured within the Curative Period, MWI shall have thirty (30) days from the end of the Curative Period to elect, by written notice to the District, to: (i) terminate this Agreement, whereupon it shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 5. Representations of The District. 5.1 The District is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey and transfer the Property, which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 5.2 From and after the Effective Date of this Agreement, the District shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of MWI. 5.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 6. Default. 6.1 In the event the District shall fail to perform any of its obligations hereunder, MWI shall be entitled to: () terminate this Agreement by written notice delivered to the District at or prior to the Closing Date, and pursue all remedies available 177 hereunder and under applicable law; (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive The District's default and proceed to Closing. 6.2 In the event of a default by MWI, the District shall be entitled, as its sole remedy hereunder, to terminate this Agreement. The District shall have no claim for specific performance, damagas or otherwise against MWI. 7. Closing. 7.1 The closing of the transaction contemplated herein (`Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) The District shall execute and deliver to MWI a county deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraphs 3 and 4 respectively. (b) The District shall have removed all of its personal property and equipment from the Property and shall deliver possession of the Property to MWI vacant and in the same or better condition that existed at the Effective Date hereof. (c) If the District is obligated to discharge any encumbrances at or prior to Closing and fails to do so, MWI may use a portion of Purchase Price funds to satisfy the encumbrances. (d) The District shall deliver to MWI an affidavit, in form acceptable to MWI, certifying that The District is not a non-resident alien or foreign entity, such that The District and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The District and MWI shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction, including any corrective documents. 7.2. Closinq Costs; Expenses. MWI shall be responsible for preparation of all Closing documents. MWI shall pay the following expenses at Closing: (a) The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. (b) Documentary Stamps required to be affixed to the warranty deed. (c) All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8. Prorations. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by MWI. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31, MWI shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of 178 such taxes established by the taxing authority having jurisdiction over the Property. If the Closing Date occurs between January 1 and November 1, MWI shall, in accordance with Florida Statutes Section 196.295, deposit into escrow with the Tax Collector, an amount equal to the current real estate taxes and assessments, prorated to the Closing Date. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court mattes, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the District and MWI relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither MWI nor the District may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to MWI: MWI Corporation 33 NW 2nd Street Deerfield Beach, FL 33441 Attn: Marc Boudet If to the District: Indian River County Solid Waste Disposal District 1801 27th Street Vero Beach, FL 32960 Attn: Utilities Director Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in arty instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on 179 only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs and expenses. 9.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8. District Approval Required: This Agreement is subject to approval by the Indian River County Solid Waste Disposal District as set forth in paragraph 2. 9.9 Deed Restrictions. The following deed restrictions shall be recorded against the property prior to recording the County Deed to MWI: A) For a period of ten (`.0) years following the execution of this document, the Property shall not be sold to any other party without the consent of the Indian River County Solid Waste Disposal District. B) For a period of ten (10) years following the execution of this document, the District shall have a right of first refusal to purchase the property back from MWI at the Purchase Price paid by MWI on the date of the sale of the Property. C) For a period of ten (10) years following the execution of this document, MWI covenants that it will occupy and use the Property for building and repairing pumps and for the day to day operations of MWI, and for no other purposes. D) For a period of ten (10) years following the execution of this document, MWI shall not unify the title to the Property with any other property owned by MWI without consent of the District. SIGNATURES ON THE FOLLOWING PAGE 180 IN WITNESS WHEREOF, the widersigned have executed this Agreement as of the date first set forth below. MWI CORPORATION Florida for profit corporation By: Marc Boudet, Vice President Date Signed: ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 52-01-VER\24 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT By: Joseph E. Flescher, Chairman Date Signed: Indian River County Administrator By: Jason E. Brown 181 - Indian River County, FL 1 Overview Legend ❑ Parcels Street Centerlines Subdivisions .L.j Municipal Boundaries 2 IRC -Private Schoc Government Facilities ki FEDERAL GOVERNMENT COUNTY GOVERNMENT LOCAL GOVERNMENT L SCHOOL I'? HOSPITAL FIRE STATION LAW ENFORCEMENT STATEPARK COUNTY PARK CITY PARK BOAT RAM P • CANOELAUNCH • CANOELANDING Golf Courses Water Parcel ID 33382500001002000002.0 Prop ID 64532 Owner MVIICORPORATION Las12Sales Sec/Twp/Rng 25-33-38 Class 4800- Address 33h'W2ND S' Date Price Instr Qual Property 77759TH ST SW Ware-iousing DEERFIELD BEACH, FL Type Address VERO BEACH Acreage 12.05 33441 3/55/2018 $916000 County Q Deed 3/14!2018 $916000 County Q Deed Plast Book Link District 7- COUNTY- NO SEBASTIAN INLET Brief Tax Description INDIAN RIVER FARMS COMPANY S/G PBS 2 - 25 SE= 25 T"VP 33 RNG 38 TF 2 THE W 10AC LESS AND EXCEPT SUB - LATERAL C-4 TOGETHER WITH THAT FOR IN TR 7 DESC A5 BEING THE N 300 FT OF THE W HALF OF THE W HALF OF TR 7 (Note: Not to be used on legal mcume its) Date created:10J26M21 182 Sketch and gal Description for: INDIAN RIVER COUNTY Legal Description A PARCEL OF LAND BEING A PORTION OF TRACT 3, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST. INDIAN RIVER COUNTY, FLORIDA, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID LAND ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1087, PAGE 1616, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 334.55 FEET OF THE EAST ONE-HALF (1/2) OF TRACT 3, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO SAID LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY. LESS AND EXCEPT THE NORTH 30.OEET THEREOF. SUBJECT TO: AN EASEMENT FOR INGRESS, EGRESS, DRAINAGE AND UTILITIES OVER THE WEST 20.0 FEET THEREOF. CONTAINING 435,600 SQUARE FEET, (10.00 ACRES) MORE OR LESS Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY CARTER ASSOCIATES, INC_, PROJECT NO. 01-580S, DATED AUGUST 15, 2001. 2). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE SKETCH OF DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3). THE BEARINGS SHOWN HEREON ARE ASSUMED AND ARE REFERENCED TO THE SOUTH RIGHT OF WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT C-4 CANAL, SAID LINE BEARS NORTH 89'39'30" WEST AND ALL OTHERS ARE RELATIVE THERETO. Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY Legend and Abbreviations SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID I.R.F.W.C.D. = INDIAN RIVER FARMS SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND WATER CONTROL DISTRICT BELIEF. This is not a Boundary Su INDIAN RIVER PUSUC WORKS DEPT. FATE: DRAWN BY: 05/17/2021 SCALE: N A SHEET: 1 OF 2 APPROVED I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLqMqA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STMT, TE� j DATE OF SIGNATURE v AVIDSC ER PROFESSIONAL SURVE ND MAPPER FLORIDA CERTIFICATE NO. 4863 COUNTY, FL ENGINEERING DIY. Sketch and Legal Description R. INGLETT for. 3Y: D. SCHRYVER H 41 1 .N rR'1VER COUNTY IRC -2021-003 Sketch and Legal Description for: INDIAN RIVER COUNTY Oslo Road (9th Street SW,) NORTH LINE TRACT 3 I--30' LATERAL C-4 CANAL RIGHT OF WAY N r Not to Scale - Last General Plat of Lands of the Indian River Farms Company (P.B.S. 2, PAGE 25) 330'3 ____-- ' _-__-_— WEST 1/2 TRACT 3 U a -EAST 1/2 N �33-38-25 00001-0030 00001.0 \I IRC SOLID WASTE DISPOSAL. 9th STREET Enll I O.R.B. 1087, PG 1616 33-38-25-000DI-0030-000020 3 IRC SOLID WASTE DISPOSAL t< 9th STREET 0 0.R.8. 1085, PG 2596 W Z J F— N Q W SOUTH LINE OF TRACT 3_ NORTH LINE OF TRACT 6 WEST 1/2 TRACT 6 - 334.55' S89'39'30"E (BEARING BASE} 20' WIDE �+ INGRESS -EGRESS AINAGE AND UTILITY EASEMENT ICONTJUNfNG/ �j10 ACRESt � N 00 t7 e 0 o WEST 1/2 OF THE EAST 1/2 TRACT 6 0' ROAD AND LATERAL C-6 CANAL RIGHT OF WAY LATERAL C-6 CANT This is not a Boundary Survey 13th Street S.W. AGENCY: INDIAN RIVER C0UNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: 05/17/2021 R. I NGLETT SCALE: APPROVED BY: N/A D. SCHRYVER SHEET: rOB NO: 2 OF 2 IRC -2021-003 WEST 1/2 TRACT 2 33-38-25-09001-10020-000020 MMR CORPORATION 7775 9th STREET O.R.B. 3112• PG 2276 SOUTH LINE OF TRACT 2 NORTH LINE OF TRACT 7 WEST 1/2 OF THE WEST 1/2 TRACT 7 33-38-25-00001-0070-00001.0 IRC SCUD WASTE DISPOSAL 13th STREET O.R.B. 1454, PG 2697 Sketch and Legal Descriptio" for: INDIAN. 15,S.5- SWDD Item INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: November 1, 2021 To: Jason E. Brown, Counter Administrator Through: Matthew Jordan, Interim Director of Utility Services From: Himanshu Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Amendment No. 3 to Sitecrafters of Florida Descriptions and Conditions: On November 12, 2019, the Solid Waste Disposal District (SWDD) Board awarded Bid No. 2020004 to Sitecrafters of Florida, Inc. (Sitecrafters) to provide concrete crushing and site work at the Indian River County (IRC) landfill. The original agreement was approved by the Board on December 3, 2019, with an initial agreement for one (1) year from the date of award and five (5) additional one-year (1) terms at the same prices and conditions at the time of renewal, by mutual agreement. The agreement also includes a price adjustment provision in accordance with the annual change in Consumer Price Index (CPI). The initial award was focused on the improvement of the yard waste site, which included concrete crushing at a rate of $8.67 per ton and site work at a rate of $7.25 per ton. Subsequently, the SWDD Board approved Amendment No. 1 to Sitecrafters on March 3, 2020, and approved Amendment No. 2 to Sitecrafters on May 5, 2020, for additional work on the yard waste site. All of the work was satisfactorily completed for this project for a total cost of $706,795.43. Sitecrafters also performed some drainage improvement work at the yard waste site under a purchase order in Fiscal Year (FY) 2020/2021 for $20,194. Otherwise, there was no approved funding for concrete crushing last fiscal year. Over the last 12 to 18 months, the landfill has accumulated concrete materials that need to be crushed. Staff reached out to Sitecrafters and they have confirmed, per the attached letter, their interest in providing this service this fiscal year. However, they did request a 3% CPI adjustment that is allowed in the agreement. The purpose of this agenda item is for the SWDD Board to approve the attached Amendment No. 3 to Sitecrafters to provide concrete crushing services this fiscal year. Analysis: One of the requirements for our agreement with Sitecrafters is that we must have a minimum of 12,500 tons of uncrushed concrete stockpile on-site without incurring any additional mobilization charges. Since the last crushing activity was performed in March 2019, staff is estimating that we have approximately 26,000 tons of material on site. Therefo,e, we wi°I not incur any additional mobilization costs. 185 SWDD Agenda - Amendment No 3 to Sitecrafters Page 1 of 2 SWDD Item Per the attached letter, Sitecrafters has requested a CPI adjustment of 3% increasing the previous concrete crushing rate from $8.67 per ton to $8.93 per ton. This is consistent with the CPI adjustment process. However, at this rate and the approved budget of $120,000, we will only be able to crush approximately 13,437 tons. Staff will request additional funding next fiscal year to crush more on-site materials. Staff and Sitecrafters has agreed to the attached Amendment No. 3 for the concrete crushing services for FY 21/22. The updated agreement includes a provision for Sitecrafters to comply with the Department of Homeland Security's E -verify system. Funding: Funding of $120,000 for concrete crushing is budgeted in the Other Professional Services account, number 41121734-033190, which is funded from SWDD assessments and user fees. Description ==Account Number Amount Other Professional Services 1 41121734-033190 $120,000 Recommendation: Solid Waste Disposal District staff recommends chat its Board: 1. Approve Amendment No. 3 to Sitecrafters of Florida, Inc., and authorize the Chairman to sign the agreement after review and approval by the County Attorney as to form and legal sufficiency. Attachments: 1. Amendment No. 3 to Sitecrafters of Florida, Inc. 2. Letter from Site Crafters 186 SWDD Agenda - Amendment No 3 to Sitecrafters Page 2 of 2 Amendment No. 3 to Concrete Crushing and Site Work Agreement THIS THIRD AMENDMENT TO AGREEMENT (Agreement) is entered into as of the day of November, 2021 by and between Indian River County Solid Waste Disposal (SWDD) District, a dependent special district of Indian River County, Florida, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER or SWDD) and SiteCrafters of Florida, Inc. (hereinafter called CONTRACTOR). WHEREAS, on November 12, 2019, SWDD and Contractor entered into that certain Agreement for Concrete Crushing and Site Work at the Indian River County (IRC) Landfill located at 1325 74th Avenue SW, Vero Beach, FL 32963; WHEREAS, the Agreement was subsequently amended by the First Amendment to the Agreement on March 3, 2020; and the Second Amendment to the Agreement dated May 5, 2020; and WHEREAS, the initial term of this agreement is effective for one (1) year from the date of award which was November 12, 2019 and the agreement may be extended for five (5) additional one (1) year terms at the same prices and conditions at the time of renewal, by mutual agreement; and WHEREAS, the parties desire to renew the agreement, apply a rate adjustment and amend Article 7 — Contractor's Representation to include e -Verify requirements; WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. The existing Article 3 —CONTRACT TIMES of the Agreement is modified to include the following: A. The Contractor shall provide Concrete Crushing services for Fiscal Year 2021/2022 which is October 1, 2021 through September 30, 2022 which constitutes Year 3 of the contract period. 3. The existing Article 4.01, A— CONTRACT PRICE of the Agreement is replaced with the following which includes the rate adjustment as allowed in Article 4.02: 187 Crushing of materials already on site (screening, sorting and segregating) based $8.93 per ton on belt scales and Crushing of new materials accepted while Contractor is on site (including spotting services) 4. The existing Article 7— CONTRACTOR'S REPRESENTATION of the Agreement is modified to include Section 7.01 J as follows: 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 hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONTRACTOR is also responsible for obtaining proof of E -Verify registration and compliance for all subcontractors. 5. Ratification. Except as specifically provided in this Third Amendment, all other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed by their respective duly authorized officers as of :he day and year first written above. OWNER: NDIAN RIVER COUNTY By: By: Joseph E. Flescher, Chairman Jason E. Brown, County Administrator CONTRACTOR: SITECRAFTERS OF FLORIDA. INC. By: (Contractor) APPROVED AS TO FORM AND LEGAL Jeffrey R. Smith, Clerk of Court and Comptroller SUFFICIENCY: By: Dylan Reingold, County Attorney Attest: (SEAL) Deputy Clerk IRK i esilo (m-c-VOSB yNCm * s�- *s UTILITIES / SITE CONSTRUCTION C E October 21, 2021 Mr. Himanshu Mehta, PE Managing Director Indian River County — Solid Waste Disposal District 132574 th Avenue SW Vero Beach, FL 33756 Re: Concrete Crushing - 2021 — Request for Rate Increase Himanshu: Thank you for the opportunity to provide crushing services to your department. Your team has been excellent to work with and I am excited that we have the chance to work together again. Our costs for labor, fuel, and equipment (parts and service) have increased significantly since our original contract was authorized in 2019. 1 am requesting a three percent (3%) increase to our original contract amount of $8.67 per ton of crushed material. If accepted, the updated price would be $8.93 per ton of crushed material. Let me know if you have any questions. ly, ERS OF FLORIDA, INC. Kempton O:\03 CLOSED PROJECTSW Closed File Folder\C016019S (Indian River County - Concrete Crushing RFP - Indian River Cty)\2021\2021-10-21 Request for price escalation - tRC.docx SITECRAFTERS OF FLORIDA, INC. INTEGRITY QUALITY COMMITMENT 3242 Henderson Blvd., Suite 200 Tampa, Florida 33609 813.258.4696 www.sitecraftersfi.com An Equal Opportunfty Employer 189