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HomeMy WebLinkAbout12/07/2021 (2)COUNTY COMMISSIONERS Peter O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Joseph Earman, Vice Chairman, District 3 Dylan Reinhold, County Attorney Susan Adams, District 1 Jeffrey R Smith, Clerk of the Circuit Court and Comptroller Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Stan Boling, Gracespring Covenant Church 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 6.A. Regular Meeting of September 14, 2021 6.11. Regular Meeting of September 21, 2021 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION December 7, 2021 Page 1 of 9 BOARD OF COUNTY COMMISSIONERS VEI,� INDIAN RIVER COUNTY FLORIDA ,4 a COMMISSION AGENDA ' TUESDAY, DECEMBER 7, 2021 - 9:00 AM * * Commission Chambers ORi��s Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Joseph Earman, Vice Chairman, District 3 Dylan Reinhold, County Attorney Susan Adams, District 1 Jeffrey R Smith, Clerk of the Circuit Court and Comptroller Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Stan Boling, Gracespring Covenant Church 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 6.A. Regular Meeting of September 14, 2021 6.11. Regular Meeting of September 21, 2021 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION December 7, 2021 Page 1 of 9 7.A. Florida Public Service Commission Final Order PSC-2021-0442-FOF-EI approving expenditures and true -up amounts for fuel adjustment factors; GPIF targets, ranges, and rewards; and projected expenditures and true -up amounts for capacity cost recovery factors; docket to remain open, a copy is on file in the Clerk to the Board Office. 7.B. Municipalities Committee Assignments for 2022 Attachments: Staff Report COVB Committee Appointments 2021-2022 Town of Orchid Committee Appointments 2022 Sebastian Council Organization - Committee Appointments 11.30.21 Email fm City of Fellsmere Committee Appointments 2021-2022 8. CONSENT AGENDA 8.A. Checks and Electronic Payments October 22, 2021 to October 28, 2021 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments October 29, 2021 to November 4, 2021 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments November 5, 2021 to November 11, 2021 Attachments: Finance Department Staff Report 8.D. Checks and Electronic Payments November 12, 2021 to November 18, 2021 Attachments: Finance Department Staff Report 8.E. Checks and Electronic Payments November 19, 2021 to November 25, 2021 Attachments: Finance Department Staff Report 8.F. FY 2020-2021 Records Management Compliance Statements Attachments: Memo BOCC Compliance Statement SWDD Compliance Statement EMS Compliance Statement 8.G. Oyster Bar Marsh Conservation Area Public Use Improvements - Amendment Number 1 to Work Order Number 5 Continued Construction Administration Services - Coastal Waterways Design & Engineering, LLC Attachments: Staff Report Amendment 1 to Work Order No 5 Scope of Work - Exh A Rate Schedule - Exh B December 7, 2021 Page 2 of 9 8.H. Final Pay to Summerlin's Marine Construction, Inc. for Oslo Riverfront Conservation Area Attachments: Staff Report Inv_4903-A_from_Summerlins_Marine_Construction_LLC_10168 (004) Change Order ORCA Overlook 11-23-21 8.I. 2021/22 FIND Waterways Assistance Program Grant Award for the Environmental Learning Center Main Dock Attachments: Staff Report FIND Project Agreement 8.J. Annual Resolution re Delegation of Authority Concerning Declarations of State of Local Emergencies and to Act in a State Declared Emergency Affecting Indian River County Attachments: Staff Report Resolution - Delegation of Authority 8.K. Annual Resolution Delegating the Authority to the County Administrator or his designee, to execute Resolutions Calling Letters of Credit as Necessary during a Declared State of Local Emergency or Declared State of Florida Emergency Affecting Indian River County Attachments: Staff Report RESO delegating authority 8.L. Annual Resolution re Signatories Attachments: Staff Report 2021 RESO annual signatories Certificate For Facsimile Signature - Chairman O'Bryan Certificate For Facsimile Signature - Clerk JSmith 8.M. Indian River County - St. Lucie County Interlocal Agreement for Pre -Trial Services Attachments: Staff Report Pretrial Services with Indian River County 2021 Pretrial Proposal June 2021 corrected 8.N. Approval of Renewal of a Class "B" Certificate of Public Convenience and Necessity from MCT Express, Inc. DBA United Medical Transportation Attachments: Staff Report December 7, 2021 Page 3 of 9 8.0. Consideration of the Affordable Housing Advisory Committee (AHAC) 2021 Incentives Review and Recommendation Report Attachments: Staff Report 2021 AHAC Report Resolution Approving the 2021 AHAC Report 8.P. Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Public Transportation Block Grant Attachments: Staff Report Resolution Grant Agreement Budget Form 8.Q. Donation of Excess Lawn Equipment to the Gulf Stream Council of the Boy Scouts of America Attachments: Staff Report Gulf Stream Council of Boy Scouts of America Request Memo 8.R. Authorization to Provide 60 -day Notice of Intent to Terminate Agreement for Custodial Services for County Buildings with High Sources, Inc. Attachments: Staff Report 8.S. First Amendment to Agreement with Florida Armature Works, Inc. for As Needed Motor and Pump Repair Attachments: Staff Report First Amendment to Agreement 8.T. Sole Source Designations Attachments: Staff Report 8.U. North County Reverse Osmosis Water Treatment Plant Supervisory Control and Data Acquisition System Upgrades, Kimley-Horn Work Order No. 7 Attachments: Staff Report Work Order No 7 with KHA 8.V. Work Order No. 48 for Kimley-Horn and Associates, Inc., 43rd Avenue & South Relief Canal - 18" Water Main Relocation Attachments: Staff Report Work Order No 48 Kimley-Horn and Associates December 7, 2021 Page 4 of 9 8.W. Work Order No. 17 - Morgan & Eklund, Inc. 2022 Beach Profile Monitoring Surveys (WINTER) Attachments: Staff Report Morgan and Eklund IRC Winter 2022 WO No. 17 Work Order No. 17 Agreement Execution 8.X. Work Order No. 18 - Morgan & Eklund, Inc. 2022 Beach Profile Monitoring Surveys (SUMMER) Attachments: Staff Report Morgan and Eklund IRC Summer 2022 WO No. 18 Work Order No. 18 Agreement Execution 8.Y. Award of Bid No. 2022001 Sector 5 (IRC -2112) Additional Dune Planting Project Attachments: Staff Report Sample Agreement 8.Z. Renewal and Amendment No. 1 to Agreement for Continuing Geotechnical Engineering Services RFQ# 2018042, IRC -1812 Attachments: Staff Report Andersen Andre Consulting Engineers, Inc. Ardaman & Associates, Inc. GFA International, Inc. Nutting Engineers of Florida, Inc. Tierra South Florida, Inc. 8.AA. Approval of the First Amendment to the Developers Agreement Between Indian River County and Florida Power & Light Attachments: Staff Report First Amendment to Developer's Agreement 8.AB. Administrative Complex Native Plant Garden Agreement Attachments: Staff Report IRC Admin Complex Native Plant Garden Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS December 7, 2021 Page 5 of 9 10.A.1. Gaddis Properties, LLC's Request for Conceptual Planned Development (PD) Plan and Special Exception Approval for Sebastian Landing [PD -20-11-05/ 2004120183 -87715] - Quasi -Judicial Attachments: Staff Report Excerpt from Draft Oct. 28, 2021 PZC Minutes Location Map Aerial Conceptual PD Plan Conceptual Landscape Plan 10.A.2. Public Hearing Re: Petition to Establish Lakeside at Indian River Community Development District - Legislative Attachments: Staff Report Community Development District Petition to Establish - Lakeside at Indian River DRAFT Ordinance Establishing District 10.A.3. Public Hearing and Discussion of 2021 Redistricting of County Commissioner Districts Attachments: Staff Report Redistricting Resolution 2021 IRC Redistricting Proposed Plan1b Commission District No 1 -Proposal 1 B Commission District No 2 -Proposal 1 B Commission District No 3 -Proposal 1 B Commission District No 4 -Proposal 1 B Commission District No 5 -Proposal 1 B B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing for December 14, 2021, to Consider an Ordinance Authorizing an Extension of the Temporary Moratorium for an Additional 1 Year with regard to Class B Biosolids Attachments: Staff Report 1.1. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services December 7, 2021 Page 6 of 9 D. Human Resources E. Information Technology F. Office of Management and Budget 12.F.1. CARES Act - Spending Plan Revisions Attachments: Staff Report CARES Act Spending Plan City of Fellsmere CARES Act Third Time Extension City of Sebastian CARES Act Second Time Extension G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Agriculture Advisory Committee Appointment Attachments: Staff Report Application - Michael Sexton 13.B. Planning and Zoning Commission Appointment Attachments: Staff Report Application (P -Z) - Shuna Carpenter Application (P -Z) - Kenneth Chip Landers Application (P -Z) - Jordan LuLich Application - Robert. S. MacCallum Application (P -Z) - Karen Osborne 13.C. Sebastian River Improvement District 82nd Avenue Interlocal Agreement Attachments: Staff Report SRID 3834001 82nd Avenue BOCC Interlocal AGT (SRID V7) 13.1). Environmental Control Hearing Board Committee Appointment Attachments: Staff Report Letter from Indian River County Medical Society 13.E. Chapter 164 Mediation Update Attachments: Staff Report 13.F. Right of Way Ordinance Amendment Attachments: Staff Report Letter to Jason Brown (Appeal) Response to Appeal Letter December 7, 2021 Page 7 of 9 13.G. Unconditional Offer for a Parcel of Right -Of -Way Located at 7950 66th Avenue, Vero Beach, FL 32967 - Parcel' 128 - Owned by Leonard Ganbin III and Kelly L. Jackson Attachments: Staff Report Sketch and Legal Descriptions Aerial 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Joseph H. Earman, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.13.1. Approval of Meeting Minutes September 21, 2021 15.13.2. Consent to Assignment of Landfill Gas Agreement with Nopetro Eco District, LLC Attachments: Staff Report Consent to Assignment of the Landfill Gas Agreement C. Environmental Control Board 16. ADJOURNMENT December 7, 2021 Page 8 of 9 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 6:00p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00p.m., Thursday of 1:00 p.m. through Friday Morning, and Saturday at 12: 00 Noon to S: 00 p.m. December 7, 2021 Page 9 of 9 In re: Fuel and purchased power cost recovery DOCKET NO. 2021.0001 -EI clause with generating performance incentive ORDER NO. PSC-2021-0442-FOF-EI. factor. ISSUED: November 30, 2021 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 APPROVING EXPENDITURES AND TRUE -UP AMOUNTS FOR FUEL ADJUSTMENT FACTORS; GPIF TARGETS RANGES AND REWARDS; AND PROJECTED EXPENDITURES AND TRUE -UP AMOUNTS FOR CAPACITY COST RECOVERY FACTORS APPEARANCES: MATTHEW BERNIER and. STEPHANIE CUELLO, :ESQUIRES, 106 East College Avenue, Tallahassee, Florida 32301-7740; and DIANNE M. TRIPLETT, ESQUIRE, 299 First Avenue North, St. Petersburg, Florida 33701 On behalf of Duke Energy Florida, .LLC (DEF). :MARIA J. MONCADA, WADE R. LITCHFIELD, RUSSELL A.:BADDERS and DAVID M. LEE, ESQUIRES, Florida Power & Light Company, 700 Universe :Boulevard, Juno Beach, Florida 33408-0420 On behalf of Florida Power & Liaht Comuanv (FPL) and Gulf Power Comi)anv (Guifl BETH KEATING, ESQUIRE, Gunster, Yoakley & Stewart; P.A., 215 South Monroe St., Suite 601, Tallahassee, Florida 32301 On behalf of Florida Public Utilities Company (FPUC). JAMES D. BEASLEY, MALCOLM N. MEANS, and J. J:EFFRY WAHLEN, ESQUIRES, Ausley McMullen, Post Office Box 391, Tallahassee, Florida 32302 On behalf of Tampa :Electric Company (TECO). RICHARD GENTRY, PUBLIC COUNSEL; CHARLES REHWINKEL, DEPUTY PUBLIC COUNSEL; PATRICIA A. CHRIST. ENSEN, STEPHANIE A. MORSE, MARY WESSLING and ANASTACIA PIRRELLO, ESQUIRES, Office of Public Counsel, c/o The Florida. Legislature, l 11 West :Madison. Street, Room 812, Tallahassee, Florida 32399-1400 On behalf of the Citizens of the State of Florida (OPC). ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 2 JON C. MOYLE, JR. and KAREN A. PUTNAL, ESQUIRES, Moyle Law Firm, PA, The Perkins House, 118 North Gadsden Street, Tallahassee, Florida 32301 On behalf of the Florida Industrial Power Users Group (FIPUG). ROBERT SCHEFFEL WRIGHT, JOHN T. LAVIA, III, and TIMOTHY H. PERRY, ESQUIRES, Gardner, Bist, Bowden, Dee, LaVia, Wright, Perry & Harper, PA, 1300 Thomaswood Drive, Tallahassee, Florida 32308 On behalf of the Florida Retail Federation (FRF). JAMES W. BREW and LAURA WYNN BAKER, ESQUIRES, Stone, Mattheis, Xenopoulos & Brew, PC, 1025 Thomas Jefferson St., NW, Eighth Floor, West Tower, Washington, DC 20007 On behalf of White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate _ White Springs PCS Phosphate). PETER J. MATTHEIS and MICHAEL K. LAVANGA, ESQUIRES, Stone, Mattheis, Xenopoulos & Brew, PC, 1025 Thomas Jefferson St., NW, Eighth Floor, West Tower, Washington, DC 20007 On behalf of Nucor Steel Florida, Inc. (Nucor). SUZANNE BROWNLESS and STEFANIE JO OSBORN, ESQUIRES, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 On behalf of the Florida Public Service Commission (Staff. MARY ANNE HELTON, ESQUIRE, Deputy General Counsel, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399- 0850 Advisor to the Florida Public Service Commission. KEITH HETRICK, ESQUIRE, General Counsel, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 Florida Public Service Commission General Counsel. BY THE COMMISSION As part of the continuing fuel and purchased power adjustment and generating performance incentive clause proceedings, an administrative hearing was held on November 2, 2021, in this docket. We have jurisdiction over this subject matter pursuant to the provisions of Chapter 366, Florida Statutes (F.S.), including Sections 366.04, 366.05, and 366.06, F.S. At the hearing, we voted to approve all stipulated issues for Florida Power & Light Company (FPL), Florida Public Utility Company (FPUC), Gulf Power Company (Gulf) and Tampa Electric Company (TECO) as set forth in Attachment A. As a result of our bench decisions on these issues, we have approved all issues associated with FPL, FPUC, Gulf, and Z - 1k ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 3 TECO. With regard to Duke Energy Florida, LLC (DEF), all issues, with the exception of Issues 1C and 1D have also been resolved by the stipulations listed on Attachment A to this Order. Issues 1 C and 1 D state as follows: "Has DEF made appropriate adjustments, if any are needed, to account for replacement power costs associated with the January 2021 to April 2021 Crystal River Unit No. 4 outage? If appropriate adjustments are needed and have not been made, what adjustments should be performed?" and "Should the Commission allow the $246.8 million estimated 2021 true -up to be recovered over 2022 and 2023?" Immediately prior to the commencement of the final hearing in this docket, we approved DEF's Rate Mitigation Plan which allowed the $246.8 million estimated 2021 true -up to be recovered over 2022 and 2023.' All parties agreed that our action in Docket No. 20210158 -EI approved the requested recovery plan and acted as a Type 2 stipulation of "yes" to Issue 1D. We find that this is appropriate and approve this stipulation with regard to Issue 11). With this vote, all DEF issues with the exception of Issue 1C have been resolved. With regard to the remaining issue, Issue 1C, referred to as the CR4 outage, DEF presented the testimony of Joseph Simpson, who was cross-examined by the parties. The parties did not waive the filing of briefs on Issue 1C and briefs will be due on November 15, 2021, for our consideration at the December 7, 2021 Agenda Conference. An order reflecting our decision on DEF's Issue 1 C will be issued separately. Per stipulation of the parties, the new factors approved herein shall be effective beginning with the first billing cycle for January 2022 through the last billing cycle for December 2022. The first billing cycle may start before January 1, 2022, and the last cycle may be read after December 31, 2022, so that each customer is billed for twelve months regardless of when the recovery factors became effective. The new factors shall continue in effect until modified by this Commission. We hereby approve revised tariffs for FPL/Gulf, FPUC, and TECO reflecting the fuel adjustment factors and capacity cost recovery factors determined to be appropriate in this proceeding. We direct staff to verify that the revised tariffs are consistent with our decision. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the findings set forth in the body of this Order, and Attachment A hereto, are hereby approved. It is further ORDERED that Florida Power & Light Company/Gulf Power Company, Florida Public Utilities Company, and Tampa Electric Company are hereby authorized to apply the fuel cost recovery factors set forth herein during the period January 2022 through December 2022. It is further ORDERED that the estimated true -up amounts contained in the fuel cost recovery factors approved herein are hereby authorized subject to final true -up and further subject to proof of the reasonableness and prudence of the expenditures upon which the amounts are based. It is further ' Order No. PSC-2021-0425-FOF-EI, issued November 16, 2021, in Docket No. 20210158 -EI, In re: Limited proceeding to consider Duke Energy Florida, LLC's unopposed motion to approve rate mitigation agreement. ORDER NO. PSC-2021-0442-FOF-E,l DOCKET NO, 20210001 -EI PAGE 4 ORDERED that Florida Power & Light Company/Gulf Power Company, Florida Public Utilities Company, and Tampa, Electric Company are hereby authorized to apply the capacity cost recovery facwrs set forth herein during the period January 2022 through December 2022, It is further ORDERED that the estimated true -up amounts contained in the capacity cost recovery factors approved herein are hereby authorized subject to final true -up and furthersubject to proof of thereasonableness and prudence of the expenditures upon which the amounts are based. It is fui ther ORDERED that the revised tariffs reflecting'the fuel adjustment factors and capacity cost recovery factors determined to be appropriate In this proceeding are hereby approved and 'Ale, direct Commission staff to verify that the revised tariffs are consistent with our decision. It is farther ORDERED that while the Fuel and Purchased Power Cost RecoveClause with ry Generating Performance Incentive Factor docket is assigned a separate docket ftani ber each year for administrative convenience, it is a continuing docket and shall remain open. By ORDER of the Florida 'Public Service Commissionthis30th day of November, 2021. ADAM .I. Z Commiss-4T 7'Cre-rr k Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee.Florida 32399 (850) 413-6770 w.Nlw.floridapsc.cotn Copies furnished: A copy of this. document is provided to the parties of record at the time of issuance and, if applicable, interested persons. SBr ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 5 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 should 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., 5-[A, ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 6 ATTACHMENT A BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Fuel and purchased power cost recovery DOCKET NO. 20210001 -EI clause with generating performance incentive ORDER NO. factor. ISSUED: PROPOSED STIPULATIONS The following issues are proposed as Type 22 stipulations in this proceeding': I. FUEL ISSUES Duke Energy Florida, LLC. ISSUE 1A: Should the Commission approve DEF's Risk Management Plan? This issue should be deferred to the 2022 Fuel Docket, with the understanding that all parties retain the right to raise any issues, concerns, or alternatives they deem appropriate. The parties recognize that deferral of this issue will result in DEF entering into no hedging transactions unless or until authorized to do so by order of the Commission. ISSUE 113: What is the appropriate subscription bill credit associated with DEF's Clean Energy Connection Program, approved by Order No. PSC -2021 -0059 -S -EI, to be included for recovery in 2022? Stipulation: $11,109,749. Florida Power & Light Company 2 A Type 2 stipulation occurs on an issue when the utility and staff, or the utility and at least one party adversarial to the utility, agree on the resolution of the issue and the remaining parties (including staff if they do not join in the agreement) do not object to the Commission relying on the agreed language to resolve that issue in a final order. ' The OPC position on each Type 2 stipulation stated herein is as follows: OPC takes no position on these issues nor does it have the burden of proof related to them. As such, the OPC represents that it will not contest or oppose the Commission taking action approving a proposed stipulation between the Company and another party or staff as a final resolution of these issues. No person is authorized to state that the OPC is a participant in, or party to, a stipulation on these issues, either in this docket, in an order of the Commission or in a representation to a Court. 4-(A ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 7 ISSUE 2A: What is the appropriate revised SoBRA factor for the 2019 projects to reflect actual construction costs that are less than the projected costs used to develop the initial SoBRA factor? Stipulation: 0.7945%. ISSUE 2B: What is the appropriate revised SoBRA factor for the 2020 projects to reflect actual construction costs that are less than the projected costs used to develop the initial SoBRA factor? Stipulation: 0.731% ISSUE 2C: What was the total gain under FPL's Incentive Mechanism approved by Order No. PSC -2016 -0560 -AS -EI that FPL may recover for the period January 2020 through December 2020, and how should that gain be shared between FPL and its customers? Stipulation: FPL's asset optimization activities in 2020 delivered total benefits of $46,135,050. Of the total gains, FPL is allowed to retain $3,681,030. ISSUE 21): What is the appropriate amount of Incremental Optimization Costs under FPL's Incentive Mechanism approved by Order No. PSC -2016 -0560 -AS -EI that FPL should be allowed to recover through the fuel clause for Personnel, Software, and Hardware costs for the period January 2020 through December 2020? Stipulation: $512,326. ISSUE 2E: What is the appropriate amount of Variable Power Plant O&M Attributable to Off -System Sales under FPL's Incentive Mechanism approved by Order No. PSC -2016 -0560 -AS -EI that FPL should be allowed to recover through the fuel clause for the period January 2020 through December 2020? Stipulation: $1,827,307. ISSUE 2F: What is the appropriate amount of Variable Power Plant O&M Avoided due to Economy Purchases under FPL's Incentive Mechanism approved by Order No. PSC -2016 -0560 -AS -EI that FPL should be allowed to recover through the fuel clause for the period January 2020 through December 2020? Stipulation: FPL has included a credit of $167,870 as the amount of Incremental Optimization Costs under the Asset Optimization Program for variable power plant O&M avoided due to economy purchases for the period January 2020 through December 2020. -1 —(� ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 202 10001 -EI PAGE 8 ISSUE 2G: What is the appropriate subscription credit associated with FPL's SolarTogether .Program approved by Order No. PSC -2020 -0084 -S -EI, to be included for recovery in 2022? Stipulation: $113,512,426. ISSUE 211: Should the Commission approve FPL's 2022 Risk Management Plan?4 Stipulation: Yes. FPL's Risk Management Plan (RMP), which was filed as Exhibit GJY-2(S), contains no natural gas financial hedging transactions pursuant to the Settlement Agreement approved in Docket No. 20210015 -EI. The RMP complies with the Hedging Guidelines established by the Commission and should be approved. ISSUE 2I: What is the appropriate revised base rate adjustment factor for the Okeechobee Clean Energy Center (OCEC) limited scope adjustment (LSA) to reflect actual construction costs that are less than the projected costs used to develop the initial factor? Stipulation: 3.014%. ISSUE 2J: Has FPL appropriately accounted for any redispatch related to its 2022 operation of the NFRC in its 2022 projections? If not, what adjustment, if any, should be made? Stipulation: Yes. FPL's fuel projections for 2022 are based on the economic dispatch of its system under non -nal operating conditions and therefore, do not include any potential redispatch related to the operation of the NFRC, or any other contingency. FPL does not adjust its projection model to account for real-time contingencies or system conditions, that may or may not occur, that would necessitate the redispatch of generation to alleviate transmission issues. As is the case for all redispatch occurrences, any redispatch related to the operation of the NFRC will be reflected as actuals in the subsequent actual/estimated and true -up filings. The OPC reserves the right to contest any costs related to redispatch of transmission that may be included in subsequent actual/estimated and true -up filings. Florida Public Utilities Company ISSUE 3A: Should an adjustment be made to remove any legal and/or consultant fees included for recovery in FPUC's 2022 fuel factors? Stipulation: OPC and the utility agree that recovery by FPUC of legal and/or consultant fees through the Fuel Clause is a broader issue involving a potential shift from past a FPL and Gulf fled a single 2022 Risk Management Plan applicable to both utilities. Document No. 11768-2021. ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 9 Fuel Clause precedent, as well as the consideration of recovering some, or all, of these costs in the Company's base rates. Given the complexity of this analysis and the current docket schedule, the parties agree to further discuss whether this issue is appropriate for consideration in the 2022 Fuel Proceeding, or in the Company's next base rate case. As such, the parties agree that a decision on this issue is not necessary or appropriate at this time. The parties further agree that the legal and/or consultant fees submitted for recovery in this docket will remain subject to refund or true -up in the subsequent proceeding wherein they are addressed pursuant to this stipulation. Gulf Power Company ISSUE 4A: Should the Commission approve. FPL's 2022 Risk Management Plan? Stipulation: Yes. FPL and Gulf filed a single 2022 Risk Management Plan (RMP) applicable to both utilities. The RMP, which was filed as Exhibit GJY-2(S), contains no natural gas hedging transactions pursuant to the Settlement Agreement approved in Docket No. 20210015 -EI. The RMP complies with the Hedging Guidelines established by this Commission and should be approved. Tampa Electric Company ISSUE 5A: What was the total gain under TECO's Optimization Mechanism approved by Order No. PSC -2017 -0456 -S -EI that TECO may recover for the period January 2020 through December 2020, and how should that gain to be shared between TECO and customers? Stipulation: Total gains were $6,642,047. TECO customers receive $5,356,819 and TECO receives $1,285,228. ISSUE 5B: Should the Commission take any action related to the optimization mechanism regarding pipeline capacity release gains or coal car leases for the period of October 21, 2021, through December 31, 2021? Stipulation: No. The Parties agree that TECO does not intend to engage in transactions described in Paragraph 12(i) -(ii) of the proposed 2021 Settlement Agreement during that time, and that no adjustment to Asset Optimization Mechanism sharing is required (notwithstanding the 2017 Settlement Agreement). Nevertheless, the Parties agree that to the extent circumstances change, sharing can be trued-up/adjusted in a future proceeding. GENERIC FUEL ADJUSTMENT ISSUES 91R ORDER NO. PSC -2021 -0442 -FOV -EI DOCKET NO. 20210001 -EI PAGE 10 ISSUE 6: What are the appropriate actual benchmark levels for calendar year 2021 for gains on non -separated wholesale energy sales eligible for a shareholder incentive? Stipulation: DEF: $1,714,254 FPL: FPL's revised Asset Optimization Program approved by the Commission in Order No. PSC -16 -0560 -AS -EI does not rely upon the three-year average Shareholder Incentive Benchmark specified in Order No. PSC -00 -1744 -PAA -EI, so it is not applicable to FPL for calendar year 2021. Gulf: FPL's revised Asset Optimization Program approved by the Commission in Order No. PSC -16 -0560 -AS -EI does not rely upon the three-year average Shareholder Incentive Benchmark specified in Order No. PSC -00 -1744 -PAA -EI, so it is not applicable to FPL for calendar year 2021. TECO: The company did not set an actual benchmark level for calendar year 2021. Pursuant to Tampa Electric's amended and restated settlement agreement approved by Order No. PSC -2017 -0456 -S -EI, the company's Optimization Mechanism replaces the non -separated wholesale energy sales incentive. ISSUE 7: What are the appropriate estimated benchmark levels for calendar year 2022 for gains on non -separated wholesale energy sales eligible for a shareholder incentive? Stipulation: DEF: $1,408,076. FPL: If the Commission approves the rate Settlement Agreement proposed in Docket No. 20210015 -EI, the Asset Optimization Program contained therein does not rely upon the three-year average Shareholder Incentive Benchmark specified in Order No. PSC -00 -1744 -PAA -EI, so it would not be applicable to FPL for calendar year 2022. TECO: The Company did not set an estimated benchmark level for calendar year 2022. Pursuant to Tampa Electric's amended and restated settlement agreement approved by Order No. PSC -2017 -0456 -S -EI, the company's Optimization Mechanism replaces the non -separated wholesale energy sales incentive. ISSUE 8: What are the appropriate final fuel adjustment true -up amounts for the period January 2020 through December 2020? Stipulation: ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 11 DEF: $39,503,838 under -recovery, which was collected as part of DEF's Fuel Midcourse approved in Order No. PSC -2021 -0328 -PCO -EI. FPL: $72,891,803 under -recovery, which is being recovered as part of the midcourse correction approved by Order No. PSC -2021 -0142 -PCO -EI. FPUC: For the period ended December 2020, the Company over -recovered $2,937,906, reflecting an actual, end of period over recovery of $3,235,074, as compared to the Company's projected amount. GULF: $6,085,680 over -recovery. TECO: $3,769,256 over -recovery. ISSUE 9: What are the appropriate fuel adjustment actual/estimated true -up amounts for the period January 2021 through December 2021? Stipulation: DEF: $246,837,576 under -recovery. FPL: $288,304,271 under -recovery. FPUC: The Company projects an under -recovery of $680,436 for the 2021 period. GULF: $71,727,041 under -recovery. TECO: $4,094,674 under -recovery. ISSUE 10: What are the appropriate total fuel adjustment true -up amounts to be collected/refunded from January 2022 through December 2022? Stipulation: DEF: $123,418,788 under -recovery if the Rate Mitigation Pan is approved. Pursuant the Rate Mitigation Plan filed in Docket No. 20210158 -EI, DEF will recover the total 2021 net true -up under -recovery of $246,837,576 over two years (2022 and 2023). If -the Rate Mitigation Plan is denied, the appropriate amount, is $246,837,576. FPL: $353,945,632 under -recovery. FPUC: The appropriate true up amount is an over -recovery of $2,257,470, which incorporates a $75,358 over -recovery in the calculation to address tax savings, as well as $677,060 associated with the settlement of COVID-19 related costs in Docket No. 20200194-PU. ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 12 GULF: See FPL's position stated above. TECO: $325,418 under -recovery. ISSUE 11: What are the appropriate projected total fuel and purchased power cost recovery amounts for the period January 2022 through December 2022? Stipulation: DEF: $1,431,565,051, which is adjusted for line losses and excludes prior period true - up GPIF amount and CEC Bill Credits. FPL: $3,348,601,615 unified and jurisdictionalized, excluding prior period true -ups, FPL's portion of Asset Optimization Program gains, FPL's 2022 SolarTogether Credit amount and the unified GPIF reward. FPUC: The appropriate projected total fuel and purchased power cost recovery amount for the.period January 2022 through December 2022 is $48,707,195. GULF: See FPL's position above TECO: The total recoverable fuel and purchased power recovery amount to be collected, adjusted by the jurisdictional separation factor, is $598,798,451. COMPANY -SPECIFIC GENERATING PERFORMANCE INCENTIVE FACTOR ISSUES Duke Energy Florida, LLC. No company -specific GPIF issues for Duke Energy Florida, Inc. have been identified at this time. If such issues are identified, they shall be numbered 12A, 12B, 12C, and so forth, as appropriate. Florida Power & Light Company No company -specific GPIF issues for Florida Power and Light Company have been identified at this time. If such issues are identified, they shall be numbered 13A, 13B, 13C, and so forth, as appropriate. Gulf Power Company No company -specific GPIF issues for Gulf Power Company have been identified at this time. If such issues are identified, they shall be numbered 14A, 14B, 14C, and so forth, as appropriate. Tampa Electric Company t ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 13 No company -specific GPIF issues for Tampa Electric Company have been identified at this time. If such issues are identified, they shall be numbered 15A, 1513, 15C, and so forth, as appropriate. GENERIC GPIF ISSUES ISSUE 16: What is the appropriate GPIF reward or penalty for performance achieved during the period January 2020 through December 2020 for each investor- owned electric utility subject to the GPIF? Stipulation: DEF: $2,657,279 reward FPL: $6,390,846 reward. FPUC: No position. GULF: $1,642,650 penalty. TECO: A reward in the amount of $3,673,726 for January 2020 through December 2020 performance to be applied to the January 2022 through December 2022 period. ISSUE 17: What should the GPIF targets/ranges be for the period January 2022 through December 2022 for each investor-owned electric utility subject to the GPIF? ' Stipulation: DEF: Table 17-1 GPIF Taraets/Ranaes for the period Januarv-December. 2022 Source: GPW Target and Range Summary (Exhibit MIL -1 P, Page 4 of 76). 93 IR Plant/Units EAF ANOHR Target Maximum Target Maximum EAF (%) EAF (oho) Savings ANOHR ($000's) Btu/kWh ANOHR Btu/kWh Savings ($000's) Bartow 4 82.04 85.08 191 7,758 8,075 6,738 DEF Crystal River 4 69.57 78.31 6,846 9,472 9,980 5,809 Crystal River 5 74.10 79.02 3,714 9,802 10,397 5,895 Hines 1 89.40 91.66 304 7,705 7,871 944 Hines 2 89.32 89.84 194 7,550 7,664 751 Hines 3 93.62 94.82 168 7,394 7,570 1,653 Hines 4 85.09 86.44 201 7,057 7,237 1,888 Totals 11.620 23.677 Source: GPW Target and Range Summary (Exhibit MIL -1 P, Page 4 of 76). 93 IR ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 14 FPL/GULF: Table' 17-2 GPIF Targets/Ranges for the period January -December, 2022 Source: GPIF Target and Range Summary (Exhibit CRR -2, Pages 6-7 of 40). *May not compute due to rounding. TECO: Table;17-3 GPIF Targets/Ranges for the period January -December, 2022 Plant/UnitEAF EAF ANOHR Target Maximum Target Maximum Savings ($000's) EAF Savings ($000's) ANOHR Btu/kWh ANOHR Btu/kWh Savings ($000's) 71.7 Canaveral 81.5 84.0 61 6,726 6,804 1,321 87.7 Ft. Myers 2 91.7 94.2 50 7,121 7,270 4,793 89.3 Manatee 3 81.4 83.9 151 6,901 7,172 6,289 77.4 Martin 8 87.5 90.0 113 6,967 7,061 1,782 92.7 Port Everglades 5 82.1 85.1 409 6,597 6,685 2,622 FPL Riviera 5 89.8 92.3 116 6,633 6,719 1,900 Sanford 5 92.2 94.7 33 7,275 7,438 2,837 St. Lucie 1 81.4 84.9 4,975 10,437 10,538 372 St. Lucie 2 93.6 96.6 4,072 10,297 10,392 294 Turkey Point 3 92.9 95.9 3,875 10,512 10,635 441 Turkey Point 4 85.7 88.7 3,482 10,900 11,188 1,045 Turkey Point 5 89.1 92.1 87 7,160 7,268 2,109 West County 1 83.5 86.0 128 7,220 7,492 3,848 West County 2 68.4 70.9 145 7,004 7,104 1,714 West County 3 90.1 92.6 183 6,997 1 7,114 2,571 Totals* T l 8_80 1 1 1 33,938 Source: GPIF Target and Range Summary (Exhibit CRR -2, Pages 6-7 of 40). *May not compute due to rounding. TECO: Table;17-3 GPIF Targets/Ranges for the period January -December, 2022 Plant/Unit Target Maximum Target Maximum EAF (%) EAF ( %) Savings ($000's) ANOHR Btu/kWh ANOHR Btu/kWh Savings ($000's) Big Bend 4 71.7 75.6 1,396.6 10,726 11,828 3,563.3 TECO Polk 1 87.7 89.9 160.0 8,855 10,440 2,111.3 Polk 2 89.3 90.3 1,595.5 6,841 7,764 16;725.7 Bayside 1 77.4 78.9 592.7 7,339 7,510 1,417.9 Bayside 2 92.7 93.6 458.8 7,695 7,971 3,855.2 Totals 4,203.60 2 673.40 ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 15 Source: GPIF Target and Range Summary (Exhibit PAB-2, Document 1, Page 4 of 32). FUEL FACTOR CALCULATION ISSUES ISSUE 18: What are the appropriate projected net fuel and purchased power cost recovery and Generating Performance Incentive amounts to be included in the recovery factor for the period January 2022 through December 2022? Stipulation: DEF: $1,568,750,867 if the Rate Mitigation Plan is approved. $1,692,131,754 if the Rate Mitigation Plan is denied. Both amounts include CEC Bill Credits and the prior period true -up. FPL/GULF: $3,824,311,080 including separate prior period true -ups for FPL and Gulf, FPL's portion of Asset Optimization gains, FPL's 2022 SolarTogether Credit amount and the unified GPIF reward. FPUC: The appropriate projected net fuel and purchased power cost recovery and Generating Performance Incentive amounts to be included in the recovery factor for the period January 2022 through December 2022 is $46,449;725, which includes prior period true -ups. TECO: The projected net fuel and purchased power cost recovery amount to be included in the recovery factor for the period January 2022 through December 2022, adjusted by the jurisdictional -separation factor, is $598,798,451. The total recoverable fuel and purchased power cost recovery amount to be collected, including the true -up, optimization mechanism, and GPIF, adjusted for the revenue tax factor, is $604,515,118. ISSUE 19: What is the appropriate revenue tax factor to be applied in calculating each investor-owned electric utility's levelized fuel factor for the projection period January 2022 through December 2022? Stipulation: DEF: Pursuant to the 2021 Settlement approved in Order No. PSC -2021 -0202 -AS -EI, DEF has removed the Regulatory Assessment Fee from the 2022 Projection Filing and included it with the Gross Receipts Tax on customer bills. FPL/GULF: The. revenue tax factor is comprised of the Regulatory Assessment Fee ("RAF"). FPL's 2021 Settlement Agreement proposes to remove the RAF from base and clause rates and collect it in the Gross Receipts Tax line item. As such, FPL's unified 2022 FCR Factors do not include a revenue tax factor. FPUC: The appropriate tax revenue factor is 1.00072. iS4 ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO.20210001-El PAGE 16 TECO: The appropriate revenue tax factor is 1.00072. ISSUE 20: What are the appropriate levelized fuel cost recovery factors for the period January 2022 through December 2022? Stipulation: DEF: 3.986 cents/kWh (adjusted for jurisdictional losses) if the Rate Mitigation Plan is approved. 4.300 cents/kWh: (adjusted for jurisdictional losses) if the Rate Mitigation Plan is denied. FPL/GULF: FPL is proposing a unified levelized factor of 3.132 cents/kWh. FPUC: The appropriate factor is 4.580¢ per kWh. TECO: The appropriate factor is 3.052 cents per kWh before any application of time of use multipliers for on -peak or off-peak usage. (Sizemore) I ISSUE 21: What are the appropriate fuel recovery line loss multipliers to be used in calculating the fuel cost recovery factors charged to each rate class/delivery voltage level class? Stipulation: DEF: Table 21-1 DEF Fuel Recovery Line Loss Multipliers for the period Jandarv-December. 2022 Group Delivery Voltage Level Line Loss Multiplier A Transmission 0.98 B Distribution Primary 0.99 C Distribution Secondary 1.00 D Lighting Service 1.00 Source: Schedule E1 -F, Exhibit GPD -3, Part 2.: FPL/GULF: The appropriate fuel recovery line loss multipliers to be used in calculating the fuel cost recovery factors charged to each rate class/delivery voltage level class are shown in Issue No. 22. FPUC: The appropriate fuel recovery line loss multiplier to be used in calculating the fuel cost recovery factors charged to each rate class/delivery voltage level class is 1.00000. ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 17 TECO: Table 21-2 TECO Fuel Recovery Line Loss Multipliers for the period Januarv-December. 2022 Delivery Voltage Level Line Loss Multiplier Transmission 0.98 Distribution Primary 0.99 Distribution Secondary 1.00 Lighting Service 1.00 Source: Schedule E 1-D. ISSUE 22: What are the appropriate fuel cost recovery factors for each rate class/delivery voltage level class adjusted for line losses? Stipulation: DEF: If the Rate Mitigation Plan is approved, the appropriate fuel cost recovery factors for each rate class/delivery voltage level class adjusted for line losses for the period January 2022 through December 2022, are shown in Table 22-1(a) below: Table 22-1(a) Fuel Cost Recovery Factors for the period Januarv-December_ 2022 Source: Schedule E 1-E (Exhibit GPD -3, Part 2, Page 1 of 1). If the Rate Mitigation Plan is denied, the; appropriate fuel cost recovery factors for each rate class/delivery voltage level class adjusted :for line losses for the period January 2022 through December 2022, are shown in Table 22-1(b) below Fuel Cost Recovery Factors Time of Use Delivery cents/kWh cents/kWh Group Voltage First Second On -Peak Off -Peak Super Level Tier Tier Levelized Multiplier Multiplier Off -Peak 1.281 0.984 Multiplier 0.732 A Transmission -- -- 3.912 5.011 3.849 2.864 B Distribution ' Primary 3.952 5.063 3.889 2.893 C Distribution Secondary 3.681 4.751. 3.992 5.1141 3.928 1 2.922 D Lighting Service -- -- 3.700 -- -- -- Source: Schedule E 1-E (Exhibit GPD -3, Part 2, Page 1 of 1). If the Rate Mitigation Plan is denied, the; appropriate fuel cost recovery factors for each rate class/delivery voltage level class adjusted :for line losses for the period January 2022 through December 2022, are shown in Table 22-1(b) below ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 18 Table 22-1(b) Fuel Cost Recovery Factors for the period January -December, 2022 Source: DEF's Response to Staff's ls` POD No. 1; Alternative Schedule E1 -E (Page 1 of l ). FPL: The appropriate fuel cost recovery factors for each rate class/delivery voltage level class adjusted for line losses for the period January 2022 through December 2022, are shown in Tables 22-2 and 22-3 below: Table 22-2 FPL Fuel Cost Recovery Factors for the period Januarv-December. 2022 Fuel Recovery Factors - By Rate Group Adjusted for Line Losses Group Fuel Cost Recovery Factors Time of Use Fuel Recovery Loss Multiplie r Delivery cents/kWh) cents/kWh 3.132 1.00291 2.822 A RS -1, all additional kWh 3.132 Group Voltage First Second 3.132 On -Peak Off -Peak Super SL -1, OL -1, PL -1 Level Tier Tier Levelized Multiplier Multiplier Off-peak 3.141 C GSLD-1, CS -1 3.132 1.00173 1.281 0.984 Multiplier 3.132 0.99371 3.112 E GSLD-3, CS -3 3.132 0.97168 0.732 A Transmission -- -- 4.220 5.406 4.152 3.089 1.00291 Distribution RTRA On -Peak 0.314 B Primary (0.135) 4.263 5.461 4.195 3.121 C Distribution Secondary 3.995 5.065 4.306 5.516 4.237 3.152 D Lighting Service -- -- 3.991 -- -- -- Source: DEF's Response to Staff's ls` POD No. 1; Alternative Schedule E1 -E (Page 1 of l ). FPL: The appropriate fuel cost recovery factors for each rate class/delivery voltage level class adjusted for line losses for the period January 2022 through December 2022, are shown in Tables 22-2 and 22-3 below: Table 22-2 FPL Fuel Cost Recovery Factors for the period Januarv-December. 2022 Fuel Recovery Factors - By Rate Group Adjusted for Line Losses Group Rate Schedule Avg. Factor (cents/kWh) Fuel Recovery Loss Multiplie r Fuel Recovery Factor (cents/kWh RS -1, first 1,000 kWh 3.132 1.00291 2.822 A RS -1, all additional kWh 3.132 1.00291 3.822 GS -1, SL -2, GSCU-1, WIES-1 3.132 1.00291 3.141 A-1 SL -1, OL -1, PL -1 3.069 1.00291 3.078 B GSD -1 3.132 1.00284 3.141 C GSLD-1, CS -1 3.132 1.00173 3.137 D GSLD-2, CS -2, OS -2, MET 3.132 0.99371 3.112 E GSLD-3, CS -3 3.132 0.97168 3.043 GST -1 On -Peak 3.445 1.00291 3.455 A GST -1 Off Peak 2.997 1.00291 3.006 RTRA On -Peak 0.314 RTR-1 Off -Peak (0.135) B GSDT-1, CILC-1(G), HLFT-1 (21-499,kW) On -Peak 3.445 1.00284 3.455 ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 19 Table 22-2 FPL Fuel Cost Recovery Factors for the period January -December, 2022 Fuel Recovery Factors — By Rate:Group Adjusted for Line Losses Seasonal Demand Time of Use Rider (SD R) Fuel Recovery Factors Fuel Fuel Fuel Avg. Factor Recovery Recovery Group Rate Schedule (cents/kWh) Loss Factor Recovery Recovery Multiplie (cents/kWh Factor Loss Factor r (cents/kWh GSDT-1, CILC-1(G), HLFT-1 (21-499 kW) Off -Peak 2.997 1.00284 3.006 GSLDT-1, CST -1, HLFT-2 (500-1,999 kW) B GSD T -1 On -Peak C On -Peak 3.445 1.00173 3.451 3.041 GSLDT-1, CST -1, HLFT-2 (500-1,999 kW) 3.050 C GSLD T -1 On -Peak 3.834 Off -Peak 2.997 1.00173 3.002 3.041 GSLDT-2, CST -2, HLFT-3 (2,000+ kW) 3.046 D GSLD T -2 On -Peak D On -Peak 3.445 0.99399 3.424 3.041 GSLDT-2, CST -2, HLFT-3 (2,000+ kW) 3.023 Off -Peak 2.997 0.99399 2.979 GSLDT-3, CST -3, CILC-1(T), ISST-1(T). E On -Peak 1 3.445 0.97168 3.347 GSLDT-3, CST -3, CILC-1(T), ISST-1(T) Off -Peak 2.997 0.97168 2.912 F CILC-1 D , ISST-1 D On -Peak' 3.445 0.99429 3.425 CILC-1 (D), ISST=1 D Off -Peak 1 2.997 0.99429 1 2.980 Source: Schedule E1 -E, (Exh. RBD -5, Appendix I1= 2022 FCR Projections, Page 7 of 143). Table; 22-3 FPL Fuel Cost Recovery Factors for the period Januarv-December, 2022 Source: Schedule E1- E, (Exh. RBD -5, Appendix II — 2022 FCR Projections, Page 8 of 143). 0-1� Seasonal Demand Time of Use Rider (SD R) Fuel Recovery Factors Fuel Fuel Average Recovery Recovery Group Rate Schedule Factor Loss Factor (cents/kWh Multiplie (cents/kWh r B GSD T -1 On -Peak 3.834 1.00284 3.845 GSD T -1 Off -Peak 3.041 1.00284 3.050 C GSLD T -1 On -Peak 3.834 1.00173 3.841 GSLD T -1 Off -Peak 3.041 1.00173 3.046 D GSLD T -2 On -Peak 3.834 0.99399 3.811 GSLD T -2 Off -Peak 3.041 0.99399 3.023 Source: Schedule E1- E, (Exh. RBD -5, Appendix II — 2022 FCR Projections, Page 8 of 143). 0-1� ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 20 FPUC: The appropriate fuel cost recovery factors for each rate class/delivery voltage level class adjusted- for line losses for the period January 2022 through December 2022, are shown in Tables 22-4, 22-5, and 22-6 below: Table 22-4 FPUC Fuel Cost Recovery Factors for the period Januarv-December_ 2022 Fuel Recovery Factors — By Rate Schedule Fuel Recovery Factors — By Rate Schedule RS Rate Schedule Rate Schedule Levelized Adjustment cents/kWh Levelized Adjustment cents/kWh RS 7.346 GS 7.389 GSD 6.795 GSLD 6.531 LS 4.957 Source: Schedule E1, Page 3 of 3 (Exhibit CDY-3, Page 3 of 8). i Table'22-5 FPUC Fuel Cost Recovery Factors for! the period Januarv-December. 2022 Step Rate Allocation For Residential Customers RS Rate Schedule Rate Schedule and Allocation Levelized Adjustment cents/kWh RS Rate Schedule — Sales Allocation ! 7.346 RS Rate Schedule with less than orequal to 1,000 kWh/month 6.989 RS Rate Schedule with greater than 1,000 kWh/month 8.239 Source: Schedule El, Page 3 of 3 (Exhibit CDY-3, Page 3 of 8). i ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 21 Table 22-6 FPUC Fuel Cost Recovery Factors for the neriod Januarv-December_ 2022 Source: Schedule El, Page 3 of 3 (Exhibit CDY-3, Page 3 of 8). TECO: The appropriate fuel cost recovery factors for each rate class/delivery voltage level class adjusted for line losses for the period January 2022 through December 2022, are shown in Table 22-7 below: Table.22-7 TECO Fuel Cost Recovery Factors for the neriod Januarv-December. 2022 Metering Voltage Level Fuel Recovery Factors for Time Of Use — By Rate Schedule Levelized Fuel Recovery Factor First Tier (Up to 1,000 kWh) Levelized Adjustment Levelized Rate Schedule On Peak (cents/kWh) Adjustment Off Peak cents/kWh) RS 15.389 3.089 GS 11.389 2.389 GSD i 10.795 3.545 GSLD 12.531 3.531 Interruptible 5.031 6.531 Source: Schedule El, Page 3 of 3 (Exhibit CDY-3, Page 3 of 8). TECO: The appropriate fuel cost recovery factors for each rate class/delivery voltage level class adjusted for line losses for the period January 2022 through December 2022, are shown in Table 22-7 below: Table.22-7 TECO Fuel Cost Recovery Factors for the neriod Januarv-December. 2022 Metering Voltage Level Fuel Cost Recovery Factors cents per kWh Levelized Fuel Recovery Factor First Tier (Up to 1,000 kWh) Second Tier (Over 1,000 kWh STANDARD Distribution SecondaryRS only)-- 2.745 3.745 Distribution Secondary 3.057 Distribution Primary 3.026 Transmission 2.996 Lighting Service 3.008 TIME OF USE ' Distribution Secondary- On -Peak 3.318 Distribution Secondary- Off -Peak 2.944 Distribution Primary- On -Peak 3.285 Distribution Primary- Off -Peak 2.915 Transmission — On -Peak 3.252 Transmission — Off -Peak 2.885 Source: Schedule El -E. II. CAPACITY ISSUES COMPANY -SPECIFIC CAPACITY COST RECOVERY FACTOR ISSUES Duke Energy Florida, LLC. ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 22 ISSUE 23A: What adjustment amounts should the Commission approve to be refunded through the capacity clause in 2022 associated with the SoBRA III project, specifically Plants Santa Fe and Twin Rivers approved in Docket No. 20200245 -EI? Stipulation: The Commission should approve credits of $257,563 and $355,679 through the capacity clause for the final cost true ups for the Santa Fe and Twin Rivers projects, respectively. The Commission should also approve credits of $386,291 and $533,447 for the reduction of the revenue requirements for Santa Fe and Twin Rivers, respectively, in lieu of reflecting these reductions in base rates. In addition, the Commission should approve $7,386,099 in credits for the unexpected delay in the Charlie Creek and Sandy Creek in-service dates. ISSUE 23B: What is the appropriate amount of costs for the Independent Spent Fuel Storage Installation (ISFSI) that DEF should be allowed to recover through the capacity cost recovery clause pursuant to DEF's 2017 Settlement? Stipulation: $6,885,232. Florida Power & Light Company ISSUE 24A: What is the appropriate true -up adjustment amount associated with the 2019 SOBRA projects to be refunded through the capacity clause in 2022? Stipulation: $85,034. ISSUE 24B: What is the appropriate true -up adjustment amount associated with the 2020 SOBRA projects to be refunded through the capacity clause in 2022? Stipulation: $119,716. ISSUE 24C: What are the appropriate Indiantown non -fuel base revenue requirements to be recovered through the Capacity Clause pursuant to the Commission's approval of the Indiantown transaction in Docket No. 160154 -EI for 2022? Stipulation: Per the rate Settlement Agreement proposed in Docket No. 20210015 -EI, which proposes to discontinue the recovery of Indiantown non -fuel revenue requirements through the Capacity Clause and instead proposes to recover Indiantown site revenue requirements through base rates, FPL has not included Indiantown non -fuel base revenue requirements in the 2022 Capacity Clause. 22 -tQ ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 23 ISSUE 241): What is the appropriate Arue-up adjustment amount associated with Okeechobee Clean Energy Center Generation Limited Scope Adjustment as required by Order NO. PSC -2016 -0560 -AS -EI? Stipulation: $5,055,917. Gulf Power Company No company -specific capacity cost recovery ;factor issues for Gulf Power Company have been identified at this time. If such issues are identified, they will be numbered 25A, 2513, 25C, and so forth, as appropriate. Tampa Electric Company No company -specific capacity cost recovery factor issues for Tampa Electric Company have been identified at this time. If such issues are ,identified, they will be numbered 26A, 2613, 26C, and so forth, as appropriate. GENERIC CAPACITY COST RECOVERY FACTOR ISSUES ISSUE 27: What are the appropriate final capacity cost recovery true. -up amounts for the period January 2020 through December 2020? Stipulation: DEF: $6,533,167 over -recovery. FPL: $3,863,612 over -recovery. GULF: $838,127 over -recovery. TECO: $3,354,779 under -recovery. ISSUE 28: What are the appropriate capacity cost recovery actual/estimated true -up amounts for the period January 2021 through December 2021? Stipulation: DEF: $3,814,896 under -recovery. FPL: $4,916,997 over -recovery. GULF: $1,687,693 over -recovery. TECO: $ 5,739,145 over -recovery. ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 24 ISSUE 29: What are the appropriate total, capacity cost recovery true -up amounts to be collected/refunded during the period January 2022 through December 2022? Stipulation: DEF: $2,718,273 over -recovery. FPL/GULF: $11,306,429 over -recovery TECO: $25,180 under -recovery. ISSUE 30: What are the appropriate projected total capacity cost recovery amounts for the period January 2022 through December 2022? Stipulation: DEF: $402,634,269. FPL/GULF: $291,876,857 unified for the period January 2022 through December 2022, excluding separate current and prior period true -ups for FPL and Gulf, the OCEC LSA and 2019 and 2020 SoBRA projects true -up credits. TECO: The projected total capacity cost recovery amount for the period January 2022 through December 2022 is $5,184,806. ISSUE 31: What are the appropriate projected net purchased power capacity cost recovery amounts to be included in the recovery factor for the period January 2022 through December 2022? Stipulation: DEF: $406,801,229. FPL/GULF: The unified projected net purchased power capacity cost recovery amount to be recovered over the period January 2022 through December 2022 is $275,309,761, including current and prior period true -ups, the OCEC LSA and 2019 and 2020 SoBRA projects true -up credits. TECO: The total recoverable capacity cost recovery amount to be collected, including the true -up amount, adjusted for the revenue tax factor, is $5,128,028. ISSUE 32: What are the appropriate jurisdictional separation factors for capacity revenues and costs to be included in the recovery factor for the period January 2022 through December 2022? Stipulation: DEF: Base — 92.865%, Intennediate — 88:321 %, Peaking — 90.678%, consistent with the 2021 Settlement approved in Order'No. PSC -2021 -0202 -AS -EI. ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001-E1 PAGE 25 FPL/GULF: Retail Energy Jurisdictional Factor - Base/Solar Retail Energy Jurisdictional Factor - Intermediate Retail Energy Jurisdictional Factor - Peaking DEMAND Retail Demand Jurisdictional Factor - Transmission Retail Demand Jurisdictional Factor - Base/Solar Retail Demand Jurisdictional Factor - Intermediate Retail Demand Jurisdictional Factor - Peaking Retail Demand Jurisdictional Factor - Distribution GENERALPLANT Retail General Plant Jurisdictional Factor - Labor 95.8917% 94.7558% 95.7721% 90.2581% 95.9314% 95.4287% 95.1837% 100.0000% 96.9001% TECO: The appropriate jurisdictional separation factor is 1.0000000. 25 -1 k ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 26 ISSUE 33: What are the appropriate capacity cost recovery factors for the period January 2022 through December 2022? Stipulation: DEF: The appropriate capacity cost 'recovery factors for the period January 2022 through December 2022 is shown in Tables 33-1A and 33-1B below: Table 33-1A DEF Capacity Cost Recovery Factors for the period January 2022 - April 2022 Rate Class Capacity and ISFSI Cost Recovery Factors 0/kWh $/kW -month Residential (RS -1, RST -1, RSL -1, RSL -2, RSS-1) At Secondary Voltage 1.103 General Service Non -Demand GS -1, GST -1 At Secondary Voltage 0.966 At Primary Voltage 0.956 At Transmission Voltage 0.947 General Service GS -2 0.683 Lighting LS -1 0.285 General Service Demand GSD -1, GSDT-1, SS -1 At Secondary Voltage 2.85 At Primary Voltage 2.82 At Transmission Voltage 2.79 Curtailable (CS 1, CST -1, CS -2, CST -2, CS -3, CST -3, SS -3) At Secondary Voltage 1.19 At Primary Voltage 1.18 At Transmission Voltage 1.16 Interruptible IS -1, IST -1, IS -2, IST -2, SS -2 At Secondary Voltage 2.26 At Primary Voltage 2.24 At Transmission Voltage 2.21 Standby MonthSS-1, 2, 3 At Secondary Voltage 0.274 At Primary Voltage 0.271 At Transmission Voltage 0.268 Standby Dail SS -1, 2, 3 At Secondary Voltage 0.130 At Primary Voltage 0.129 At Transmission Voltage 0.127 Source: Schedule E12 -E (Exhibit GPD -3, Part 3, Page 3 of 3). ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 27 Table 33-1 B DEF Canacitv Cost Recovery Factors for the neriod Mav 2n22 - DpcPmhPr 2(122 Rate Class Capacity and ISFSI Cost Reco ery Factors 0/kWh $/kW -month Residential (RS -1, RST -1, RSL -1, RSL -2, RSS-1) At Secondary Voltage 1.181 General Service Non -Demand GS -1, GST -1 At Secondary Voltage 1.044 At Primary Voltage 1.034 At Transmission Voltage 1.023 General Service GS -2) 0.730 Lighting ( LS -1 0.304 General Service Demand GSD -1, GSDT-1, SS -1 At Secondary Voltage 3.04 At Primary Voltage 3.01 At Transmission Voltage 2.98 Curtailable (CS 1, CST -1, CS -2, CST -2, CS -3, CST -3, SS -3) At Secondary Voltage 1.26 At Primary Voltage 1.25 At Transmission Voltage 1.23 Interruptible (IS 1, IST -1, IS -2, IST -2, SS -2 At Secondary Voltage 2.40 At Primary Voltage i 2.38 At Transmission Voltage 2.35 Standb Monthl (SS-1,2,3 At Secondary Voltage 0.292 At Primary Voltage 0.289 At Transmission Voltage 0.286 Standby Dail SS -1, 2, 3 At Secondary Voltage 0.139 At Primary Voltage 0.138 At Transmission Voltage 0.136 Source: Schedule E12 -E (Exhibit GPD -3, Part 3, Page 1 of 3). ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 28 FPL/GULF: The appropriate capacity cost, recovery factors for the period January 2022 through December 2022 is shown in Table 33-2 below: Table 33-2 FPL Canacitv Cost Recovery Factors for the neriod Januarv-Decemhpr_ 222 Source: Appendix IV — 2022 CCR Projections (Exhibit RBD -7, Page 4 of 30). 261 2022 Capacity Cost RecoveryFactors Sum of Reservation Daily Rate Schedule Demand Demand $/kW $/kWh Charge Charge (RDC) ( $/kW (SDD) $/kW RSI/RTR1 - 0.00239 - - GS 1 /GST 1 - 0.00248 - - GSD I/GSDT1/HLFTI/GSD1-EV 0.81635 - - - OS2 - 0.00144 - - GSLD1/GSLDTI/CSI/CST1/HLFT2/GSLD1- 0.90050 - - - EV GSLD2/GSLDT2/CS2/CST2/HLFT3 0.90087 - - - GSLD3/GSLDT3/CS3/CST3 0.81843 - - - SST1T - - 0.10 0.05 SST1D1/SST1D2/SST1D3 - - 0.11 0.05 CILC D/CILC G '0.91616 - - - CILC T 0.88907 - - - MET 0.77422 - - - OL1/SLI/SLIM/PL1/OSI/II - 0.00018 - - SL2/SL2M/GSCU1 - 0.00160 - - Source: Appendix IV — 2022 CCR Projections (Exhibit RBD -7, Page 4 of 30). 261 ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001 -EI PAGE 29 TECO: The appropriate capacity cost recovery factors for the period January 2022 through December 2022 is shown in Table 33-3 below: Table 33-3 TECO Capacity Cost Recovery Factors for the neriod January-Decemher_ 2022 Rate Class and Metering Voltage 2022 Capacity Cost Recovery Factors 0/kWh $/kW RS 0.031 GS and CS i 0.027 GSD, RSD Standard Secondary 0.09 Primary 0.09 Transmission 0.09 GSD Optional Secondary 0.022 Primary 0.022 Transmission 0.022 GSLDPR/GSLDTPR/SBLDPR/SBLDTPR _ 0.08 GSLDSU/GSLDTSU/SBLDSU/SBLDTSU 0.07 LS -1, LS -2 0.004 - Source: Exhibit MAS -3, Document Number 1, Page 3 of 4 (amended filing 10/1/2021). III. EFFECTIVE DATE ISSUE 34: What should be the effective date of the fuel adjustment factors and capacity cost recovery factors for billing purposes? Stipulation: The new factors should be effective beginning with the first billing cycle for January 2022 through the last billing cycle for December 2022. The first billing cycle may start before January 1, 2022, and the last cycle may be read after December 31, 2022, so that each customer is billed for twelve months regardless of when the recovery factors became effective. The new factors shall continue in effect until modified by this Commission. ISSUE 35: Should the Commission approve'revised tariffs reflecting the fuel adjustment factors and capacity cost recovery factors determined to be appropriate in this proceeding? Stipulation: Yes. The Commission should approve revised tariffs reflecting the fuel adjustment factors and capacity cost recovery, factors determined to be appropriate in this proceeding. The Commission should direct Staff to verify that the revised tariffs are consistent with the Commission decision. Zm - I ORDER NO. PSC-2021-0442-FOF-EI DOCKET NO. 20210001-EI PAGE 30 ISSUE 36: Should this docket be closed? Stipulation: This is a continuing docket and should remain open. M I W4 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 30;.2021 SUBJECT: Municipalities Committee Assignments for 2022 Attached, please find the committee assignments for the City of Vero Beach, Town of Orchid, City of Sebastian, and City of Fellsmere for the year 2022. Attachments City of Vero Beach Committee Assignments Town of Orchid Committee Assignments City of Sebastian Committee Assignments City of Fellsmere Committee Assignments 1 From: Bursick, Tammy <tbursick@covb.org> Sent: Tuesday, November 16, 20213:00 PM To: Tina Cournoyer <tcournover@ircgov.com> Subject: City of Vero Beach City Council Committee Appointments 2021-2022 ,CAUTION: This message: is from an external source. Please use caution when opening attachments or clicking links. Tina: Attached are the City of Vero Beach City Council Committee Appointments for 2021- 2022. Could you please make sure that the aides for these different committees are given a copy of this. Thank you, 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 email communications, including your email address, may therefore be subject to public disclosure. COMMITTEE APPOINTMENTS 2021 — 2022 1. TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS This Board meets the first Wednesday of every month at 10:00 a.m. The meetings are held in conference room #3 in the Roger Poitras Annex Building (off of Virginia Avenue). Councilmember Bob McCabe 2. TREASURE COAST REGIONAL PLANNING COUNCIL This Board meets the third Friday of each month at 9:30 a.m. The meetings are held in Stuart, Florida. Councilwoman Honey Minuse 3. COUNTY ECONOMIC DEVELOPMENT COUNCIL (EDC) This Committee meets the third Tuesday each month at 3:30 p.m.. The meetings are held in the first floor conference room at the County Administration Building. Councilmember Bob McCabe 4. TOURIST DEVELOPMENT COUNCIL This Committee meets on an as needed basis. The meetings are held at the County Administration Building. Mayor Robbie Brackett S. METROPOLITAN PLANNING ORGANIZATION (MPO) This Board meets the second Wednesday of each month at 10:00 a.m. The meetings are held in the first floor conference room at the County Administration Building. The City has two full members and one alternate member serving on this Board. Councilmember Honey Minuse (full), Vice Mayor Rey Neville (full), Councilmember John Cotugno (alternate.) 3 6. TREASURE COAST LEAGUE OF CITIES This Board meets the third Wednesday of every other month at 10:30 a.m. at different locations on the Treasure Coast. Vice Mayor Rey Neville 7. BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE This Committee meets the third Monday of each month at 3:00 p.m. in the first floor conference room located in the County Administration Building. Mayor Robbie Brackett 8. ELECTED OFFICIALS OVERSIGHT COMMITTEE This Committee meets once a year on the second Friday in April at 9:00 a.m. at the County Administration Building. Councilmember John Cotugno 9. COUNTY AFFORDABLE HOUSING COMMITTEE Councilmember John Cotugno 4 r. s U O 0 C O a� t O Y U C F— c m tiom O m Qj O U L L CN O O O 03 N Ud 0 _U r, 3 n O O C a- u � N C � 'a L i f� d E Z m c L am o R � c � •� c O c 0 O 0 J E c � E o E y... L O O o C 0 � ++ a. 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E ) \ '2 \ \ \ / ¥ \ k k . o e / / 2ƒ � O % o , / 0 /y 2 k . < .D/ � E E E 9 ` $ / 0 U ± / k / < 0 p \ \ $ 0 E \ ƒ \ § g o- E w < a ƒ ^ J ƒ ƒ < 7 \ C / g - 0 -C3 0 �§ c I 0 . / mp C) O Q= 2 ± u o :_ C-6 $ g o 0 U % \ 5 / £ 0 0 0 D 0 D \ 2 / —0 \ m / ƒ \ $ 0 » 0 > < \ .> ® '& �C� o $ % §± q c 0 0 § O e E 0 a) 2 \ & - _o O >o \ .- \ ) a) � Q a) 0 �\ �§� y // E' \ ® + E- o � u a) 7 / 2�0 .m § $ _E D> \ § / _§ £ } 0 I \/E oG E - D \0 �/§ ¥ e E« £ m 0.-- k�\D- D- a) o-(.) C) £ = O g o\ a) 2E £oI C) S e ® / (ƒ -0 CC) /\ 0\2 £ e \n /2 E § »E ®Eog � •- ¥ \: %. �a E k 0 0 \ o p ) w e 20 00§k k Z 0 k � \\ % E0 O °/ Eek /: w §± 2 n- 1225 Main Street; Sebastian, FL 32958 - (772) 388-8215 To. Indian River County,Board of County Commissioners .& Administration Indian River Count :School Board Indian River County Supervisor of Elections City -.of VeroBeach City of Foil smere Town of Indian River Shores Town of Ordhid Treasure Coast, Regional League of Cities Treasure=Coast.Council of Local Governments Treasure Coast 10nal Planning Council Florida League of Cities From:. Jeanette'Wiilliams, MMC City Clerk Date: November 15, 2021 RE: Council Organization As a result of the "November Z 2021 Municipal Election, Fred Jones, Chris Nunn, and Bob McPartlan were re-elected to City Council. .Following th-e.swearing in of Council Members Jones, Nunn, and McPartlan, City Council elected Jim Hill as- Mayor and Fred Jones as Vice Mayor for the. upcoming year. In addition,,, the Council, Members reviewed their committee assignments -and attached .is a list of their chosen assignments and. tele.phonele-mail contact information. 7 SEBASTIAN CITY COUNCIL MEMBERS LIAISONS TO COUNTY AND REGIONAL BOARDS 20211-o2022 AFFORDABLE HOUSING ADVISORY COMMITTEE (Indian River County) Current Member . Council Member Christopher Nunn Alternate: Vice Mayor Fred Jones -Locatori- IRC County%Admin Building - Room BI -501 Time- 9!30 :am_ Frequency: Twice.pef year as scheduled — 3r8 Wednesday Secretary.: Maura Stokes - 226A440 BEACH AND SHORE PRESERVATION COMMITTEE (Indian RiverCounty) Current Member: Vice Mayor Fred Jones Alternate: Mayor Jim Hill Location: IRC Admin Building B - Vero Beach - Room B1 -501 Time: 8' Monday of Each Month — 8 pm Secretary- Ed Offutt - 226-1919 EXECUTIVE ROUNDTABLE OF INDIAN RIVER COUNTY Current Member: City Manager Paul Carlisle Location: 4th Ave,AVero Beach, FL 32960 183614th Time: last'ThUrsday of each month — 9 am Executive Director- Aimee Hill .ECONOMIC DEVELOPMENT COUNCIL Indian River County) Current -Member. Vice Mayor Fred Jones Alternate: Mayor Jim Hill Location: IRC Administration Building B - Vero Beach Rm 131=501 Time: 3`d Tuesday of Each Month — 130 pm Secretary: Maura- Stokes - 226-1440 METROPOLITAN PLANNING ORGANIZATION (2 MEMBERS) ,Current Members- Council Member Dodd & Council Member McPartlan Alternates: Mayor Jim Hill Location-. IRC Administration Building B - Vero Beach - Rm B1-501 Time: 2nd Wednesday of each month - 10;00 am Secretaty/agenda, packet: Patti Johnson - 226-1672 MPO Citizen Adv. Comm. Bruce Hoffman (1), Deryl Seemayer (2) Amber Cerda (alt) (1), Judy Beiwertdorf (alt) (2) 1 'Tuesday of month : 2 pm MPO Tech. Adv. Comm. Lisa Frazier - Planning Position; EngineeringPosition; Scott Baker - Airport Position Paul Carlisle — Alternate 4th Friday of month -10:00 am MPO Bikepath Comm. Resident Chris. McCarthy Quarterly— 2:00 pm F-11 ELECTED OFFICIALS OVERSIGHT COMMITTEEIE00C) (Indian River County) .Member (always Mayor) Mawr Jim Hill Recording Secretary: Ed Offutt 226-1992 Agenda: ;Maria Bowdren 226-1242 Location: IRC Administration Building B. Time: Meets Annually — 2nd Week in July CITIZENS OVERSIGHT'COMMITTEE (COC) (Indian .River County) Member: Shannon Davis Norvig Recording Secretary! Ed Offutt -226-1919 Agenda Maria Bowd.ren 226-1242 Location: IRC.Administration ;Building B — Room B1-501 Time: Meets annually in April Staff Working Group: Current Member: Dorri Bosworth, Planning Manager Location: County Administration Building Time: 1 V week of February and 3`d week of March -Recording Secretary: Ed Offutt - -2.26-1919 Agenda: Maria. Bowdren 226-1242 School Planning Technical Advisory Committee: Current Members: Dorri Bosworth, Planning Manager Location: County Administration Building Time; as needed Recording_ Secretary: Ed Offutt -226-1919 Agenda: Maria, Bowdren 226-1242 TOURIST DEVELOPMENT COUNCIL: (Indian. River County) Curren. t.Member: Coun.oil'Member Christopher Nunn :Alternate: Council Member Ed Dodd Location: IRC Administration Building B - Commission Chambers Time: Meets quarterly — 3`d Wednesday — 2:00 pm Secretary: Kim Moirano - 226-1442 TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Current Member: Council Member Ed Dodd Alternate Member: Mayor Jim Hill Location: St. Lucie Administration Bldg. 2300 Virginia Avenue, Room 3 Ft. Pierce, FL 349.82 Time: 1g' Wednesday of Month - 10:00 a.m. Chair: Commissioner Peter. O'Bryan, 2 9 TREASURE'COASTREGIONAL LEAGUE OF CITIES,' (Municipalities from Four p,pprities — Sponsored by FLC) , -as formerly Council of.Public, Officials'), Current Member C6Uftcil Member Ed Dodd Alternate'Memb.er: Council Member Bob McPartian Location: (clianges location — local restaurants.) Timer Meets every other month = usually 3d Wednesday Executive Director: Pat Christensen TREASURE COAST,REGIONAL-PLANNING COUNCIL. .,(Regional) Current Member. City of Vero Beach Alternate: Council Member Dodd, City of Seba81ian Location: 421 SW Camden Avenue, ue,,$tuart,.rL 340.94 '3rd Friday ofMonth - 9:30 A.M. (call ahead fijr.:any changes) Contact: Phone:. 772w221-4060 Fax: 772-221-4067 E -Wil: 'admin@tcrpc.org VETERANS COUNCIL OF INDIAN RIVER COUNTY. INC.; (Indian Rivet CoUhty) current mernber. Council Member Bob McPartlan Location:: 61-501 Conference Room (door behind the.stair case A Time: -Meets First Wednesday oftheMonth at !-,30 p.m. Contact: Jim Romanek, (772) 41075820 P.0.'Box 1354 Vero Beach, R 32961. MS -IRC and REG BOARDS 10 From: Maria Suarez -Sanchez <cityclerk@cityoffellsmere.orq> Sent: Tuesday, November 30, 202112:49 PM To: Tina Cournoyer <tcournoyer@ircgov.com> Subject: RE: city council committee appointments CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Hello Tina, As a result of the November 2,2021 General Election, Inocensia Hernandez and Gerald "Jerry" Renick were re-elected to City Council. Following the swearing of Council Members Hernandez and Renick, City Council re-elected Joel Tyson as Mayor, Fernando R. Herrera as Vice Mayor and Jessica Salgado as Mayor Pro -Tem -for the upcoming year. Also, Council Members reviewed their committee assignments and made a few changes to their current local and regional board assignments. Attached is a list of the board assignments and Council e-mail contact information. Sincerely, Maria F. Suarez -Sanchez City Clerk City of Fellsmere 22 S. Orange Street Fellsmere, FL 32948-6740 Phone: 772-646-6301 Fax: 772-571-8615 Email: CityClerk@CitvofFellsmere.org NOTE: Under Florida law, e-mail addresses are public records. If you do not want your e- mail address released to a public -records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 11 20212022 CITY OF FELLSMERE REPRESENTATION /ND/AN RIVER COUNTY/ REGIONAL- COMMITTEES & ADVISORY BOARDS Must be Elected Officials BEACH & SHORE PRESERVATION COMMITTEE (Indian River County) Current Member: Council Member Inocensia "Ino" Hernandez Alternate: Vice Mayor Fernando Herrera Location: IRC Admin Building B — Vero Beach, Room B1-501 Time/Frequency: 3:000m / 3rd Monday of Each Month Secretary: Ed Offutt — 226-1919 ELECTED OFFICIALS OVERSIGHT COMMITTEE (Indian River County) Current Member: Mayor Joel Tyson Alternate: Vice Mayor Fernando Herrera Location: IRC Admin Building B —Vero Beach Time/Frequency: Meets Annually — 2nd Week in July Secretary: Ed Offutt — 226-1992 Agenda: Maria Bowdren — 226-1242 ECONOMIC DEVELOPMENT COUNCIL (Indian River County) Current Member: Mayor Pro -Tem Jessica Salgado Alternate: Council Member Inocensia "Ino" Hernandez Location: IRC Admin Building B — Vero Beach, Room 61-501 Time/Frequency: 3:30pm/ 3rd Tuesday of Each Month Secretary: Meighan Alexander — 226-1440 METROPOLT/AN PLANNING ORGANIZATION (Indian River County) Current Member: Council Member Gerald "Jerry' Renick Alternate: Mayor Pro -Tem Jessica Salgado Location: IRC Admin Building B — Vero Beach,Room B1-501 Time/Frequency: 10:00am/ 2nd Wednesday of Each Month Secretary: Patti Johnson — 226-1672 TREASURE COAST REGIONAL LEAGUE OF CITIES (Regional Current Member: Mayor Joel Tyson Alternate: Council Member Gerald "Jerry" Renick Location: (location changes) Time/Frequency: Meets every other month — usually 3rd Wednesday Executive Director: Pat Christensen TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS (Regional) Current Member: Mayor Joel Tyson Alternate: Council Member Gerald "Jerry" Renick Location: St. Lucie Administration Bldg., 2300 Virginia Avenue, Room 3, Ft. Pierce, FL 34982 Time/Frequency: 10:00am / 1n Wednesday of Month Chair: Commissioner Peter O'Bryan TREASURE COAST REGIONAL PLANNING COUNCIL (Regional) Current Member: Council Member Gerald "Jerry" Renick Alternate: Mayor Joel Tyson Location: 421 SW Camden Avenue, Stuart, FL 34994 Time/Frequency: 9:30am/ 3rd Friday of Each Month Contact: Phone: 772-221-4060 • Fax: 772-221-4067 • Email: admin@tcrpc.org 12 Staff Appointments AFFORDABLE HOUSING ADVISORY COMMITTEE (Indian River County) Current Member: City Manager Mark D. Mathes Alternate: City Planner Robert Loring Location: IRC County Admin Building — Room B1-501 Time/Frequency: 9:30am/ Meets twice per year as scheduled — 3rd Wednesday Secretary: Meighan Alexander — 226-1440 EXECUTIVE ROUNDTABLE OF INDIAN RIVER COUNTY (Indian River County) Current Member: Police Chief Keith Touchberry Location: 183614 th Ave., Vero Beach, FL 32960 Time/Frequency: 9:00am/ last Thursday of each month Secretary: Aimee Hill MPO TECH ADVISORY COMM17 TEE (Indian River County) Current Member: City Manager Mark Mathes Alternate: City Planner Robert Loring Location: IRC Admin Building B —Vero Beach, Room 61-501 Time/Frequency: 10:00am/ 4th Friday of Each Month Secretary: Patti Johnson — 226-1672 MPO B/CYCLEADVISORY COMMITTEE (Indian River County) Current Member: City Planner Robert Loring Alternate: City Manager Mark D. Mathes Location: IRC County Admin Building — Room B17501 Time/Frequency: 2:00pm/ Quarterly Secretary: Patti Johnson — 226-1672 PUBLIC SCHOOL PLANNING STAFF WORKING GROUP (PSPSMW (Indian River County) Current Member: City Manager Mark D. Mathes Location: IRC County Admin Building Time/Frequency: 11t week of February and 3rd week of March Secretary: Ed Offutt Agenda: Maria Bowdren 226-1242 Citizen Appointments CITIZEN OVERSIGHT COMMITTEE Current Member: Resident Yolanda Gomez Location: IRC Admin Building B — Vero Beach, Room 131-501 Time/Frequency: 3:00pm/ Meets Annually in April Secretary: Ed Offutt — 226-1919 Agenda: Maria Bowdren — 226-1242 MPO CITIZEN ADVISORY COMMITTEE (Indian River County) Current Member: Resident Clarence Korker Location: IRC Admin Building B —Vero Beach, Room B1-501 Time/Frequency: 2:00pm/ 1st Tuesday of Each Month Secretary: Patti Johnson — 226-1672 All Council mail can be addressed to: City of Fellsmere, 22 S. Orange St., Fellsmere, FL 32948 Joel Tyson Mayor ioeltysonCo7cityoffellsmere.org Fernando R. Herrera Vice Mayor fernandoherrera(a)citvoffellsmere.org Jessica Salgado Mayor Pro Tem iessicasalgado2r7citvoffellsmere.ora. Inocensia Hernandez Council Member inocensiahernandez(a)cityoffellsmere.org Gerald "Jerry" Renick Council Member grenick( )citvoffellsmere.org FeiismereCounci/Organizalion21-22 term 2020-2022 term 2020-2022 term 2020-2022 term 2021-2023 term 2021-2023 13 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 28, 2021 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 22, 2021 to October 28, 2021 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of October 22, 2021 to October 28, 2021. 14 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 415650 10/22/2021 LORETTA LEPPANEN 569.60 415651 10/22/2021 LINDA WARNER 142.81 415652 10/22/2021 JOESPH A DEGROOTE 102.83 415653 10/26/2021 INDIAN RIVER STATE COLLEGE 20,864.37 415654 10/26/2021 IRC HOUSING AUTHORITY 3,408.00 415655 10/26/2021 GHOLAM REZA TORKAMAN 4,800.00 415656 10/26/2021 A PLUS PROPERTY MANAGEMENT INC 4,722.50 415657 10/26/2021 SN SERVICING CORPORATION 4,282.89 415658 10/26/2021 SERENDIPITY BOUTIQUE & SPA INC 10,000.00 415659 10/28/2021 FLORIDA WATER & POLLUTION CONTROL 130.00 415660 10/28/2021 JASON E BROWN 35.00 415661 10/28/2021 DANIEL BISHOP 90.00 415662 10/28/2021 KIMBERLY K MOIRANO 13.17 415663 10/28/2021 WILLIAM CROSBY 57.00 415664 10/28/2021 STEVEN QUINLIVAN 57.00 415665 10/28/2021 TERRY LIST 110.00 415666 10/28/2021 SUSAN PRADO 58.07 415667 10/28/2021 JOHN SCHOONMAKER 57.00 415668 10/28/2021 AT&T WIRELESS 72.48 415669 10/28/2021 AT&T WIRELESS 172.92 415670 10/28/2021 AT&T WIRELESS 369.82 415671 10/28/2021 AT&T WIRELESS 698.10 415672 10/28/2021 TIRESOLES OF BROWARD INC 2,565.26 415673 10/28/2021 CARTER ASSOCIATES INC 1,371.50 415674 10/28/2021 PC WEATHER PRODUCTS INC 1,980.00 415675 10/28/2021 INDIAN RIVER COUNTY HEALTH DEPT 64,633.66 415676 10/28/2021 VICTIM ASSISTANCE PROGRAM 6,485.91 415677 10/28/2021 ROGER J NICOSIA 1,500.00 415678 10/28/2021 CITY OF VERO BEACH 1,067.51 415679 10/28/2021 CITY OF VERO BEACH 2,350.70 415680 10/28/2021 CITY OF VERO BEACH 11,987.50 415681 10/28/2021 INDIAN RIVER COUNTY SHERIFF 30.00 415682 10/28/2021 INTERNATIONAL GOLF MAINTENANCE INC 108,285.93 415683 10/28/2021 GEOSYNTEC CONSULTANTS INC 10,161.92 415684 10/28/2021 FEDERAL EXPRESS CORP 63.41 415685 10/28/2021 CITY OF SEBASTIAN 87,406.24 415686 10/28/2021 FLORIDA POWER AND LIGHT 9,445.36 415687 10/28/2021 FLORIDA POWER AND LIGHT 2,922.79 415688 10/28/2021 STATE ATTORNEY 35,805.22 415689 10/28/2021 CITY OF FELLSMERE 187.36 415690 10/28/2021 HOLIDAY BUILDERS 1,588.93 415691 10/28/2021 COMPLETE ELECTRIC INC 575.00 415692 10/28/2021 INDIAN RIVER FARMS WATER CNTRL DIST 100.00 415693 10/28/2021 INDIAN RIVER FARMS WATER CNTRL DIST 1,500.00 415694 10/28/2021 ST LUCIE COUNTY BOCC 40,484.33 415695 10/28/2021 CELICO PARTNERSHIP 36.07 415696 10/28/2021 FLORIDA DEPT OF JUVENILE JUSTICE 33,155.00 415697 10/28/2021 JAMES SABONJOHN 3.58 415698 10/28/2021 MICHELE HOLMES 80.00 415699 10/28/2021 GLOBALSTAR USA 197.32 415700 10/28/2021 FISHER & PHILLIPS LLP 56.00 415701 10/28/2021 MICHAEL TUCKER 32.95 415702 10/28/2021 MICHAEL FERRARO 22.34 415703 10/28/2021 ELISE MAHOVLICH 40.00 415704 10/28/2021 MUNICIPAL EMERGENCY SERVICES INC 11,405.00 415705 10/28/2021 STEWART & STEVENSON FDDA LLC 8,140.28 415706 10/28/2021 ANFIELD CONSULTING GROUP INC 10,000.00 415707 10/28/2021 CANARX GROUP INC 12,568.00 15 TRANS NBR . DATE VENDOR AMOUNT 415708 10/28/2021 COLE AUTO SUPPLY INC 1,683.87 415709 10/28/2021 KREMEDY LLC 2,552.00 415710 10/28/2021 CHANGE HEALTHCARE LLC 43,087.13 415711 10/28/2021 TETRA TECH INC 13,825.00 415712 10/28/2021 AMAZON CAPITAL SERVICES INC 78.73 415713 10/28/2021 AMERIGAS PROPANE LP 144.00 415714 10/28/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 77.00 415715 10/28/2021 LOW BUDGET ROCK STAR ENTERTAINMENT LLC 500.00 415716 10/28/2021 LOWES COMPANIES INC 240.76 415717 10/28/2021 CONSOR ENGINEERS LLC 166,786.59 415718 10/28/2021 HIGHER GROUND LAND SERVICES LLC 4,384.00 415719 10/28/2021 LEISURE DESIGN SYSTEM INC 1,295.00 415720 10/28/2021 HIGH SOURCES INC 11,300.00 415721 10/28/-2021 CLEAN SPACE INC 15,530.91 415722 10/28/2021 STRATEGIC GOVERNMENT RESOURCES INC 1,744.00 415723 10/28/2021 SUN PATRICK ARCHITECTURE INC 7,529.32 415724 10/28/2021 CHAD HOOKER 126.00 415725 10/28/2021 MARY COMMERFORD 26.96 415726 10/28/2021 MXB INVESTMENTS LLC 31.39 415727 10/28/2021 BRUCE BORNSTEIN 50.00 415728 10/28/2021 PORT CONSOLIDATED INC 1,601.45 415729 10/28/2021 RANGER CONSTRUCTION IND INC 552.76 415730 10/28/2021 VERO CHEMICAL DISTRIBUTORS INC 307.30 415731 10/28/2021 RICOH USA INC 162.98 415732 10/28/2021 RICOH USA INC 50.52 415733 10/28/2021 DATA FLOW SYSTEMS INC 937.55 415734 10/28/2021 GRAINGER 463.95 415735 10/28/2021 REPUBLIC SERVICES INC 24,740.01 415736 10/28/2021 HACH CO 353.38 415737 10/28/2021 LFI FORT PIERCE INC 1,884.88 415738 10/28/2021 ALLIED ELECTRONICS INC 1,111.66 415739 10/28/2021 TIRESOLES OF BROWARD INC 5,188.55 415740 10/28/2021 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,800.00 415741 10/28/2021 BLAKESLEE SERVICES INC 660.00 415742 10/28/2021 MIDWEST TAPE LLC 1,729.31 415743 10/28/2021 AMERICAN LIBRARY ASSOCIATION 192.00 415744 10/28/2021 METTLER TOLEDO INC 2,657.79 415745 10/28/2021 ODYSSEY MANUFACTURING CO 14,535.18 415746 10/28/2021 PAUL CARONE 4,773.00 415747 10/28/2021 WILLIE C REAGAN 2,338.00 415748 10/28/2021 CLERK OF CIRCUIT COURT 462.50 415749 10/28/2021 CLERK OF CIRCUIT COURT 1,257.85 415750 10/28/2021 CITY OF VERO BEACH 4,156.53 415751 10/28/2021 INDIAN RIVER ALL FAB INC 1,485.00 415752 10/28/2021 UNITED PARCEL SERVICE INC 15.90 415753 10/28/2021 TREASURE COAST HOMELESS SERVICES 1,201.29 415754 10/28/2021 BRACKETT FAMILY LIMITED PARTNERSHIP 1,037.00 415755 10/28/2021 UNIVERSITY OF FLORIDA 4,962.00 415756 10/28/2021 ROGER CLEVELAND GOLF INC 12,370.87 415757 10/28/2021 ACUSHNET COMPANY 67.76 415758 10/28/2021 FLORIDA WATER & POLLUTION CONTROL 30.00 415759 10/28/2021 FEDERAL EXPRESS CORP 43.90 415760 10/28/2021 CENTRAL A/C & REFRIGERATION SUPPLY INC 17.12 415761 10/28/2021 CALLAWAY GOLF SALES COMPANY 13,424.31 415762 10/28/2021 FLORIDA POWER AND LIGHT 132,442.86 415763 10/28/2021 TAYLOR MADE GOLF CO INC 2,226.90 415764 10/28/2021 AMERICAN PLANNING ASSOCIATION 1,092.00 415765 10/28/2021 NEW HORIZONS OF THE TREASURE COAST 26,657.00 415766 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415767 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 16 TRANS NBR DATE VENDOR AMOUNT 415768 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415769 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415770 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415771 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415772 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415773 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415774 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415775 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415776 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415777 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415778 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415779 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415780 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415781 10/28/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 415782 10/28/2021 NATIONAL ASSOC OF CONSERVATION 775.00 415783 10/28/2021 HENRY SMITH 75.00 415784 10/28/2021 INTERNATIONAL ASSOCIATION OF 336.00 415785 10/28/2021 LARRY STALEY 706.00 415786 10/28/2021 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 11.88 415787 10/28/2021 FLORIDA ROOFING AND SHEET METAL 99.00 415788 10/28/2021 DAVID SPARKS 900.00 415789 10/28/2021 FORT PIERCE HOUSING AUTHORITY 725.00 415790 10/28/2021 BRIDGESTONE AMERICAS INC 1,247.26 415791 10/28/2021 FLORIDA ASSOC OF CODE ENFORCEMENT 40.00 415792 10/28/2021 FAE4-HA 100.00 415793 10/28/2021 SHRIEVE CHEMICAL CO 4,022.12 415794 10/28/2021 ECONOLITE CONTROL PRODUCTS INC 5,232.52 415795 10/28/2021 ST LUCIE COUNTY BOCC 9,831.00 415796 10/28/2021 THE PALMS AT VERO BEACH 2,355.00 415797 10/28/2021 PERKINS COMPOUNDING PHARMACY 93.86 415798 10/28/2021 INSTITUTE OF TRANSPORTATION 650.00 415799 10/28/2021 HULETT ENVIRONMENTAL SERVICES 9.00 415800 10/28/2021 CINTAS CORPORATION NO 2 211.48 415801 10/28/2021 ARTHUR PRUETT 734.00 415802 10/28/2021 POLYDYNE INC 2,944.00 415803 10/28/2021 FASTENAL COMPANY 73.84 415804 10/28/2021 THE SHERWIN WILLIAMS CO 174.24 415805 10/28/2021 MICHAEL JAHOLKOWSKI 547.00 415806 10/28/2021 M-B COMPANIES INC 72,015.30 415807 10/28/2021 GLOVER OIL COMPANY INC 114,027.62 415808 10/28/2021 CAROLE J MADIGAN 2,144.00 415809 10/28/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 330.71 415810 10/28/2021 SUNCOAST REALTY & RENTAL MGMT LLC 658.00 415811 10/28/2021 PAMELA R CUMMINGS 689.00 415812 10/28/2021 FISHER & PHILLIPS LLP 1,624.00 415813 10/28/2021 INDIAN RIVER RDA LP 260.00 415814 10/28/2021 VERO MILLWORK INC 450.00 415815 10/28/2021 FLEETBOSS G P S INC. 10,422.60 415816 10/28/2021 ENVIRONMENTAL CONSERVATION LABORATORIES IN 1,301.00 415817 10/28/2021 NICOLACE MARKETING INC 7,524.00 415818 10/28/2021 WINSUPPLY OF VERO BEACH 210.98 415819 10/28/2021 CCG SYSTEMS INC 9,132.13 415820 10/28/2021 OKEECHOBEE PARTNERS LLC 807.00 415821 10/28/2021 BRENNTAG MID-SOUTH INC 6,507.71 415822 10/28/2021 OVERDRIVE INC 1,450.07 415823 10/28/2021 MISS INC OF THE TREASURE COAST 2,571.00 415824 10/28/2021 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 415825 10/28/2021 BERMUDA SANDS APPAREL LLC 697.19 415826 10/28/2021 PROMATIC INC 134,628.00 415827 10/28/2021 STEVE ABERNATHY 930.00 17 TRANS NBR DATE VENDOR AMOUNT 415828 10/28/2021 FIVE STAR PROPERTY HOLDING LLC 1,060.00 415829 10/28/2021 INDUSCO ENVIRONMENTAL SERVICES INC 46,908.00 415830 10/28/2021 O SPORTSWEAR LLC 201.25 415831 10/28/2021 KESSLER CONSULTING INC 10,857.50 415832 10/28/2021 MARKETING SPECIALTIES OF GEORGIA LLC 7,922.98 415833 10/28/2021 THE LAW OFFICES OF 626.00 415834 10/28/2021 STS MAINTAIN SERVICES INC 7,796.20 415835 10/28/2021 VALAPTS LLC 1,052.00 415836 10/28/2021 HAWKINS INC 525.00 415837 10/28/2021 AUGUSTUS B FORT JR 713.00 415838 10/28/2021 CATHEDRAL CORPORATION 428.68 415839 10/28/2021 MILNER SPORTS LLC 2,477.35 415840 10/28/2021 UNIFIRST CORPORATION 2,421.77 415841 10/28/2021 CAPAK LLC 184.95 415842 10/28/2021 H&H SHADOWBROOK LLC 721.00 415843 10/28/2021 CDA SOLUTIONS INC 1,529.26 415844 10/28/2021 HELPING HANDS REAL ESTATE & INVESTMENT CO 3,038.00 415845 10/28/2021 ALIX DENEAU 750.00 415846 10/28/2021 CREATIVE EMPIRE LLC 5,442.07 415847 10/28/2021 COLE AUTO SUPPLY INC 267.06 415848 10/28/2021 RHOADES AIR & HEAT 50.00 415849 10/28/2021 KONICA MINOLTA BUSINESS SOLUTIONS- 271.35 415850 10/28/2021 NKW PIP HOLDINGS I LLC 1,963.00 415851 10/28/2021 WOERNER AGRIBUSINESS LLC 1,140.00 415852 10/28/2021 KARL POKRANDT 1,072.00 415853 10/28/2021 BRANDON ROUER 820.00 415854 10/28/2021 TYCO FIRE & SECURITY MANAGEMENT INC 6,714.21 415855 10/28/2021 HUDSON CONSULTING & MANAGEMENT LLC 538.00 415856 10/28/2021 AMAZON CAPITAL SERVICES INC 1,322.57 415857 10/28/2021 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 2,060.00 415858 10/28/2021 AMERIGAS PROPANE LP 6,879.94 415859 10/28/2021 BANYAN RECYCLING INC 210.00 415860 10/28/2021 DEANGELO BROTHERS LLC 241.00 415861 10/28/2021 LIBERTY TIRE RECYCLING LLC 13,391.60 415862 10/28/2021 MULLINAX FORD OF VERO BEACH 2,060.23 415863 10/28/2021 JUDITH A BURLEY 117.50 415864 10/28/2021 SHARON P BRENNAN 661.00 415865 10/28/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,635.87 415866 10/28/2021 DESK SPINCO INC 3,251.34 415867 10/28/2021 IXORIA LLC 711.00 415868 10/28/2021 SHAUNA WALGRAVE 950.00 415869 10/28/2021 A PLUS PROPERTY MANAGEMENT INC 7,461.00 415870 10/28/2021 ORCHARD GROVE VENTURE LLC 675.00 415871 10/28/2021 STAPLES INC 12.49 415872 10/28/2021 LOWES COMPANIES INC 1,260.18 415873 10/28/2021 GEORGIA KING LLC 757.00 415874 10/28/2021 BREGO PROPERTIES LLC 3,754.00 415875 10/28/2021 CHRIS ZAVESKY 75.00 415876 10/28/2021 DEX IMAGING LLC 70.65 415877 10/28/2021 SREIT LEXINGTON CLUB LLC 3,730.00 415878 10/28/2021 THEODORE SEMI 75.00 415879 10/28/2021 VERO BEACH LEASED HOUSING ASSOC III LLLP 347.00 415880 10/28/2021 CARTEGRAPH SYSTEMS LLC 10,294.85 415881 10/28/2021 MARLBROS HOLDINGS LLC 1,036.00 415882 10/28/2021 JARROD CANNON 916.00 415883 10/28/2021 BRITTON INDUSTRIES INC 220.71 415884 10/28/2021 VERO BEACH PLACE LLC 829.00 415885 10/28/2021 SILVER ORANGE LLC 730.00 415886 10/28/2021 HfREQUEST LLC 4,082.88 415887 10/28/2021 VERO BEACH 32963 MEDIA LLC 250.00 18 TRANS NBR DATE VENDOR AMOUNT 415888 10/28/2021 SEUNG KIM 708.00 415889 10/28/2021 MICHAEL MILLER 1,459.00 415890 10/28/2021 MARUBENI AMERICA CORPORATION 1,010.60 415891 10/28/2021 RS REALTY ADVISORS LLC 2,888.00 415892 10/28/2021 TRP CONSTRUCTION GROUP LLC 20,225.50 415893 10/28/2021 TRP CONSTRUCTION GROUP LLC 10,680.12 415894 10/28/2021 STEVEN GIORDANO 1,300.00 415895 10/28/2021 WESTERN OILFIELDS SUPPLY COMPANY 11,978.52 415896 10/28/2021 GOMEZ BROTHERS CONTRACT SERVICES 1,237.50 415897 10/28/2021 HERBERT FLOWERS 75.00 415898 10/28/2021 WILLIAM J LAHEY 1,609.00 415899 10/28/2021 EMSL MANAGEMENT LLC 6,117.24 415900 10/28/2021 SONIA SUSAN SOSA 661.00 415901 10/28/2021 ULTIMATE PROPERTIES & LOGISTICS LLC 856.00 415902 10/28/2021 SHRIEVE CHEMICAL CO LLC 5,690.94 415903 10/28/2021 PATRICIA JOHNSON 119.41 Grand Total: 1,705,016.13 19 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 901496 10/28/2021 901497 10/28/2021 901498 10/28/2021 901499 10/28/2021 901500 10/28/2021 901501 10/28/2021 Grand Total: VENDOR BREVARD COUNTY HOUSING AUTHORITY CELICO PARTNERSHIP ORCHARD GROVE VENTURE LLC STAPLES INC VIRGIN ISLANDS. HOUSING AUTHORITY WAY FINDERS INC AMOUNT 543.19 1.69 426.00 12.08 929.69 279.35 2,192.00 20 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1018882 10/27/2021 AT&T CORP 12.85 1018883 10/27/2021 AT&T CORP 1,302.34 1018884 10/27/2021 AT&T CORP 18.69 1018885 10/27/2021 AT&T CORP 5,348.97 1018886 10/27/2021 AT&T CORP 206.89 1018887 10/27/2021 AT&T CORP 67.26 1018888 10/27/2021 AT&T CORP 30.46 1018889 10/27/2021 AT&T CORP 10.41 1018890 10/27/2021 COMCAST 340.60 1018891 10/27/2021 WASTE MANAGEMENT INC OF FLORIDA 134.53 1018892 10/28/2021 PARKS RENTAL & SALES INC 957.00 1018893 10/28/2021 NORTH SOUTH SUPPLY INC 298.25 1018894 10/28/2021 INDIAN RIVER BATTERY 1,210.80 1018895 10/28/2021 MIKES GARAGE & WRECKER SERVICE INC 65.00 1018896 10/28/2021 IRRIGATION CONSULTANTS UNLIMITED INC 344.23 1018897 10/28/2021 GROVE WELDERS INC 2,025.34 1018898 10/28/2021 FIRST HOSPITAL LABORATORIES INC 175.00 1018899 10/28/2021 SPINNAKER VERO INC 65.79 1018900 10/28/2021 AUTO PARTNERS LLC 1,000.69 1018901 10/28/2021 HYDRA SERVICE (S) INC 2,350.91 1018902 10/28/2021 RADWELL INTERNATIONAL INC 182.08 1018903 10/28/2021 GUARDIAN ALARM OF FLORIDA LLC 1,348.00 1018904 10/28/2021 EFE INC 7,060.58 1018905 10/28/2021 PACE ANALYTICAL SERVICES LLC 1,736.50 1018906 10/28/2021 PACE ANALYTICAL SERVICES LLC 216.00 1018907 10/28/2021 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 117.97 Grand Total: 26,627.14 21 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9035 10/22/2021 SENIOR RESOURCE ASSOCIATION 30,439.00 9036 10/22/2021 KIMLEY HORN & ASSOC INC 10,175.00 9037 10/22/2021 KIMLEY HORN & ASSOC INC 3,546.40 9038 10/22/2021 TOWN OF INDIAN RIVER SHORES 8,078.32 9039 10/25/2021 HEALTH ADVOCATE SOLUTIONS INC 2,006.40 9040 10/25/2021 VEROTOWN LLC 19,079.10 9041 10/25/2021 INDIAN RIVER COUNTY SHERIFF 7,176.72 9042 10/25/2021 IRS -PAYROLL TAXES 145.55 9043 10/26/2021 MUTUAL OF OMAHA 20,135.32 9044 10/26/2021 RX BENEFITS INC 257,206.60 9045 10/26/2021 INDIAN RIVER COUNTY TAX COLLECTOR 407.83 Grand Total: 358,396.24 22 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 4, 2021 1 1� comps, ,'\ yRryFR G ouNYj F� SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 29, 2021 to November 4, 2021 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of October 29, 2021 to November 4, 2021. 23 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 415904 10/29/2021 CHILDCARE RESOURCES OF IRC INC 28,533.87 415905 10/29/2021 SUNSHINE REHABILATION CENTER OF IRC INC 475.00 415906 10/29/2021 ENVIRONMENTAL LEARNING CENTER INC 2,214.07 415907 10/29/2021 FLORIDA POWER AND LIGHT 7,876.15 415908 10/29/2021 CHILDRENS HOME SOCIETY OF FL 920.67 415909 10/29/2021 PELICAN ISLAND AUDUBON SOCIETY INC 6,992.93 415910 10/29/2021 DASIE BRIDGEWATER HOPE CENTER INC 3,534.56 415911 10/29/2021 REDLANDS CHRISTIAN MIGRANT ASSOC 14,857.31 415912 10/29/2021 NICOLACE MARKETING INC 3,276.25 415913 10/29/2021 WILLIS SPORTS ASSOCIATION INC 852.94 415914 10/29/2021 TYKES & TEENS INC 2,834.73 415915 10/29/2021 MISS B'S LEARNING BEES INC 3,480.83 415916 10/29/2021 SCOTT REYNOLDS 11.34 415917 10/29/2021 AT&T WIRELESS 43.23 415918 10/29/2021 REPUBLIC SERVICES INC 513,794.22 415919 10/29/2021 SCHULKE BITTLE & STODDARD LLC 4,917.00 415920 10/29/2021 CITY OF VERO BEACH 254.98 415921 10/29/2021 CITY OF VERO BEACH 628.42 415922 10/29/2021 AMERICAN FAMILY LIFE ASSURANCE CO 1,113.26 415923 10/29/2021 UNITED WAY OF INDIAN RIVER COUNTY 923.50 415924 10/29/2021 AT&T CORP 1,418.07 415925 10/29/2021 DONADIO AND ASSOCIATES ARCHITECTS PA 1,520.75 415926 10/29/2021 MIDWEST MOTOR SUPPLY CO 399.34 415927 10/29/2021 ADMIN FOR CHILD SUPPORT ENFORCEMENT 70.02 415928 10/29/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 43.68 415929 10/29/2021 NORTH CAROLINA CHILD SUPPORT 105.69 415930 10/29/2021 PAMELA R CUMMINGS 689.00 415931 10/29/2021 AG SCAPE SERVICES 13,062.50 415932 10/29/2021 AMERITAS 33,585.92 415933 10/29/2021 RHOADES AIR & HEAT 300.00 415934 10/29/2021 TETRA TECH INC 13,999.37 415935 10/29/2021 STATE OF FLORIDA 19,556.72 415936 10/29/2021 COMMONWEALTH OF MASSACHUSETTS 154.00 415937 10/29/2021 BENEFIT EXPRESS SERVICES LLC 5,768.45 415938 10/29/2021 MARY J GRIFFITH 8,118.95 415939 10/29/2021 P&A ADMINISTRATIVE SERVICES INC 450.00 415940 10/29/2021 STEEPSTEEL LLC 3,756.25 415941 10/29/2021 LOUISE MCDONNELL 98.63 415942 11/01/2021 PATRIOT PRODUCTIONS LLC 10,000.00 415943 11/01/2021 HENRY SCHEIN INC 3,831.71 415944 11/01/2021 CLIFF BERRY INC 98.00 415945 11/01/2021 COMPLETE ELECTRIC INC 145.47 415946 11/01/2021 CELICO PARTNERSHIP 757.47 415947 11/01/2021 SOUTHERN JANITOR SUPPLY INC 28.79 415948 11/01/2021 JAY AMMON ARCHITECT INC 7,275.25 415949 11/01/2021 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 10,000.00 415950 11/01/2021 HIREQUEST LLC 2,038.97 415951 11/01/2021 THYSSENKRUPP ELEVATOR CORPORATION 500.00 415952 11/01/2021 TYLER TECHNOLOGIES INC 5,000.00 415953 11/01/2021 SUBSTANCE AWARENESS COUNCIL OF IRC INC 2,679.15 415954 11/01/2021 FLORIDA POWER AND LIGHT 944.39 415955 11/01/2021 INDIAN RIVER FARMS WATER CNTRL DIST 260.00 415956 11/01/2021 BIG BROTHERS AND BIG SISTERS 1,250.00 415957 11/01/2021 YOUTH GUIDANCE DONATION FUND 2,083.33 415958 11/01/2021 ORLANDO FREIGHTLINER INC 697.41 415959 11/01/2021 UNIFIRST CORPORATION 60.04 415960 11/01/2021 WILLIS SPORTS ASSOCIATION INC 7,409.13 415961 11/01/2021 TYKES & TEENS INC 11,654.46 24 TRANS NBR DATE VENDOR AMOUNT 415962 11/01/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 65.63 415963 11/01/2021 ERIKA LUNDEEN 245.00 415964 11/01/2021 STAPLES INC 212.88 415965 11/01/2021 SHAMROCK ENVIRONMENTAL CORPORATION 8,965.74 415966 11/01/2021 WESTERN OILFIELDS SUPPLY COMPANY 5,651.52 415967 11/02/2021 CREATIVE CHOICE HOMES XVI LTD 4,968.00 415968 11/02/2021 MELECH BERMAN 5,400.00 415969 11/02/2021 FOXWOOD DEVELOPMENT LLC 9,499.00 415970 11/02/2021 VAL APTS LLC 6,885.00 415971 11/02/2021 MLN LLC 10,300.00 415972 11/03/2021 JOHN PICKERILL 7,650.00 415973 11/03/2021 GHOLAM REZA TORKAMAN 10,500.00 415974 11/03/2021 ORCHARD GROVE VENTURE LLC 4,080.00 415975 11/03/2021 ELMDALE PROPERTY MANAGEMENT LLC 10,500.00 415976 11/03/2021 PEMBERLY PALMS HH LLC 5,768.00 415977 11/03/2021 PLANET HOME LENDING LLC 4,500.00 415978 11/03/2021 DOOLITTLE INVESTMENTS INC 6,300.00 415979 11/04/2021 TEN -8 FIRE EQUIPMENT INC 240.27 415980 11/04/2021 HENRY SCHEIN INC 2,204.87 415981 11/04/2021 BOUND TREE MEDICAL LLC 7,182.09 415982 11/04/2021 TIRESOLES OF BROWARD INC 6,827.54 415983 11/04/2021 KETCHUM MANUFACTURING CO INC 1,715.50 415984 11/04/2021 AT&T CORP 657.74 415985 11/04/2021 AT&T CORP 1,273.52 415986 11/04/2021 AT&T CORP 1,654.02 415987 11/04/2021 GEOSYNTEC CONSULTANTS INC 4,339.05 415988 11/04/2021 FEDERAL EXPRESS CORP 81.21 415989 11/04/2021 FLORIDA POWER AND LIGHT 949.71 415990 11/04/2021 NSI ALPHA CORPORATION 142.00 415991 11/04/2021 WASTE MANAGEMENT INC 207,719.55 415992 11/04/2021 MEDICARE PART B FINANCIAL SERVICES 496.20 415993 11/04/2021 NATIONAL ASSOCIATION OF COUNTIES 2,505.00 415994 11/04/2021 G K ENVIRONMENTAL INC 5,750.00 415995 11/04/2021 TLC DIVERSIFIED INC 53,984.62 415996 11/04/2021 HUMANA 239.97 415997 11/04/2021 MIDWEST MOTOR SUPPLY CO 432.44 415998 11/04/2021 ANTHEM BC BS OF CONNECTICUT 182.67 415999 11/04/2021 HULETT ENVIRONMENTAL SERVICES 33.00 416000 11/04/2021 CELICO PARTNERSHIP 371.50 416001 11/04/2021 THE SHERWIN WILLIAMS CO 105.92 416002 11/04/2021 MBV ENGINEERING INC 6,250.00 416003 11/04/2021 MASTELLER & MOLER INC 62,014.65 416004 11/04/2021 DICKERSON FLORIDA INC 13,385.50 416005 11/04/2021 STEVEN C MOHN 40.00 416006 11/04/2021 GLENDALE TRADE CENTER 1,000.00 416007 11/04/2021 DONNA C CASKEY 123.55 416008 11/04/2021 CYNTHIA EDWARDS 239.28 416009 11/04/2021 GRECO, JOSEPH E 10.00 416010 11/04/2021 ALERT ALL CORPORATION 732.00 416011 11/04/2021 FLORIDA MEDICAID 293.59 416012 11/04/2021 ESTHER YU 46.87 416013 11/04/2021 JOHN BISHA 250.00 416014 11/04/2021 MUNICIPAL EMERGENCY SERVICES INC 1,431.41 416015 11/04/2021 UNIFIRST CORPORATION 47.00 416016 11/04/2021 SUNSHINE HEALTH PLAN MEDICAID 485.22 416017 11/04/2021 AC VETERINARY SPECIALTY SERVICES 167.02 416018 11/04/2021 ALL WEBBS ENTERPRISES INC 52,725.00 416019 11/04/2021 RHOADES AIR & HEAT 505.00 416020 11/04/2021 RHOADES AIR & HEAT 1,200.00 416021 11/04/2021 WELLMED 250.00 25 TRANS NBR DATE VENDOR AMOUNT 416022 11/04/2021 DIRECTV GROUP INC 81.99 416023 11/04/2021 AMAZON CAPITAL SERVICES INC 30.98 416024 11/04/2021 TREASURE COAST PLUMBING LLC 961.00 416025 11/04/2021 METROPOLITAN COMMUNICATION SERVICES INC 372.50 416026 11/04/2021 BENEFIT EXPRESS SERVICES LLC 5,780.20 416027 11/04/2021 MULLINAX FORD OF VERO BEACH 1,150.80 416028 11/04/2021 LOWES COMPANIES INC 411.12 416029 11/04/2021 TREASURE COAST TITLE & SETTLEMENT OF VERO LLC 35.33 416030 11/04/2021 SOUTH FLORIDA EMERGENCY VEHICLES LLC 18,546.67 416031 11/04/2021 BOROMEI CONSTRUCTION INC 114,163.00 416032 11/04/2021 FLORIDA COMMUNITY CARE 259.40 416033 11/04/2021 STAYWELL 91.08 416034 11/04/2021 HIREQUEST LLC 891.05 416035 11/04/2021 VERNON SHILOH 24.18 416036 11/04/2021 AMALIA R FERNANDEZ MUNOZ 86.75 416037 11/04/2021 CAROL A TRUITT 34.50 416038 11/04/2021 STACY LERCH 97.18 416039 11/04/2021 RICHARD ARNOLD 185.00 416040 11/04/2021 JOSEPHINE GOEWEY 100.38 416041 11/04/2021 JEAN NICKOLLS 82.18 416042 11/04/2021 P&V PROPERTIES MANAGEMENT LLC 8,735.31 416043 11/04/2021 MARTA KAY DEGENNARO 39.76 416044 11/04/2021 JAMES WILLIAMS 53.79 416045 11/04/2021 PAUL JOHANSEN 22.27 416046 11/04/2021 UTIL REFUNDS 42.42 416047 11/04/2021 UTIL REFUNDS 60.10 416048 11/04/2021 UTIL REFUNDS: 43.47 416049 11/04/2021 UTIL REFUNDS 30.22 416050 11/04/2021 UTIL REFUNDS 94.29 416051 11/04/2021 UTIL REFUNDS 34.17 416052 11/04/2021 UTIL REFUNDS 281.40 416053 11/04/2021 UTIL REFUNDS 17.98 416054 11/04/2021 UTIL REFUNDS 70.11 416055 11/04/2021 UTIL REFUNDS 45.12 416056 11/04/2021 UTIL REFUNDS 70.44 416057 11/04/2021 UTIL REFUNDS 114.52 416058 11/04/2021 UTIL REFUNDS 76.49 416059 11/04/2021 UTIL REFUNDS 77.04 416060 11/04/2021 UTIL REFUNDS 40.27 416061 11/04/2021 UTIL REFUNDS 27.06 416062 11/04/2021 UTIL REFUNDS 51.29 416063 11/04/2021 UTIL REFUNDS 343.43 416064 11/04/2021 UTIL REFUNDS . 86.44 416065 11/04/2021 UTIL REFUNDS 46.63 416066 11/04/2021 UTIL REFUNDS 206.05 416067 11/04/2021 UTIL REFUNDS 44.02 416068 11/04/2021 UTIL REFUNDS 27.07 416069 11/04/2021 UTIL, REFUNDS 82.31 416070 11/04/2021 UTIL REFUNDS 32.97 416071 11/04/2021 UTIL REFUNDS 35.57 416072 11/04/2021 UTIL REFUNDS 40.59 416073 11/04/2021 UTIL REFUNDS 40.34 416074 11/04/2021 UTIL REFUNDS 92.77 416075 11/04/2021 UTIL REFUNDS 86.66 416076 11/04/2021 UTIL REFUNDS 94.95 416077 11/04/2021 UTIL REFUNDS 293.73 416078 11/04/2021 UTIL REFUNDS 33.44 416079 11/04/2021 UTIL REFUNDS 47.72 416080 11/04/2021 UTIL REFUNDS 6.65 416081 11/04/2021 UTIL REFUNDS 34.54 26 TRANS NBR DATE VENDOR AMOUNT 416082 11/04/2021 UTIL REFUNDS 1.89 416083 11/04/2021 UTIL REFUNDS 41.77 416084 11/04/2021 UTIL REFUNDS 87.91 416085 11/04/2021 UTIL REFUNDS 65.74 416086 11/04/2021 UTIL REFUNDS 8.15 416087 11/04/2021 UTIL REFUNDS 80.29 416088 11/04/2021 UTIL REFUNDS 69.77 416089 11/04/2021 UTIL REFUNDS 50.00 416090 11/04/2021 UTIL REFUNDS 4.17 416091 11/04/2021 STURGIS LUMBER & PLYWOOD CO 39.69 416092 11/04/2021 SSES INC 3,685.49 416093 11/04/2021 RANGER CONSTRUCTION IND INC 2,301.68 416094 11/04/2021 VERO CHEMICAL DISTRIBUTORS INC 196.25 416095 11/04/2021 RICOH USA INC 346.84 416096 11/04/2021 GRAINGER 538.60 416097 11/04/2021 REPUBLIC SERVICES INC 24,402.44 416098 11/04/2021 GAYLORD BROTHERS INC 183.78 416099 11/04/2021 LFI FORT PIERCE INC 945.72 416100 11/04/2021 ALLIED ELECTRONICS INC 124.05 416101 11/04/2021 CHILDCARE RESOURCES OF IRC INC 26,375.34 416102 11/04/2021 DELL MARKETING LP 875.00 416103 11/04/2021 MIDWEST TAPE LLC 1,407.74 416104 11/04/2021 ODYSSEY MANUFACTURING CO 5,026.23 416105 11/04/2021 BAKER DISTRIBUTING CO LLC 52.53 416106 11/04/2021 CENGAGE LEARNING INC 230.11 416107 11/04/2021 SOFTWARE HARDWARE INTEGRATION 9,223.10 416108 11/04/2021 INDIAN RIVER ALL FAB INC 1,000.00 416109 11/04/2021 UNITED STATES POSTAL SERVICE 265.00 416110 11/04/2021 FEDERAL EXPRESS CORP 56.51 416111 11/04/2021 FLORIDA MUNICIPAL INSURANCE TRUST 25,840.16 416112 11/04/2021 COMO OIL COMPANY OF FLORIDA 172.14 416113 11/04/2021 SUBSTANCE AWARENESS COUNCIL OF IRC INC 6,138.72 416114 11/04/2021 FLORIDA POWER AND LIGHT 28,918.48 416115 11/04/2021 FLORIDA POWER AND LIGHT 33,357.35 416116 11/04/2021 AMERICAN PLANNING ASSOCIATION 862.00 416117 11/04/2021 GIFFORD YOUTH ACHIEVEMENT CENTER INC 20,862.02 416118 11/04/2021 CATHOLIC CHARITIES DIOCESE OF PALM BCH 6,853.13 416119 11/04/2021 STRUNK FUNERAL HOMES & CREMATORY 425.00 416120 11/04/2021 STRUNK FUNERAL HOMES & CREMATORY 425.00 416121 11/04/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 416122 11/04/2021 IRC HEALTHY START COALITION INC 1,666.63 416123 11/04/2021 IRC HEALTHY START COALITION INC 2,750.00 416124 11/04/2021 IRC HEALTHY START COALITION INC 5,229.79 416125 11/04/2021 IRC HEALTHY START COALITION INC 4,166.68 416126 11/04/2021 IRC HEALTHY START COALITION INC 1,333.37 416127 11/04/2021 HENRY SMITH 75.00 416128 11/04/2021 JOHN BROWN & SONS INC 15,062.50 416129 11/04/2021 CHILDRENS HOME SOCIETY OF FL 1,800.39 416130 11/04/2021 KEEP INDIAN RIVER BEAUTIFUL INC 12,859.13 416131 11/04/2021 INTERNATIONAL CODE COUNCIL INC 1,315.40 416132 11/04/2021 FLORIDA SHORE & BEACH PRESERVATION 7,000.00 416133 11/04/2021 HULETT ENVIRONMENTAL SERVICES 195.00 416134 11/04/2021 U S BANK NATIONAL ASSOCIATION 944.69 416135 11/04/2021 COLLISONS AUTOMOTIVE INC 375.00 416136 11/04/2021 BIG BROTHERS AND BIG SISTERS 6,081.28 416137 11/04/2021 RECYCLE FLORIDA TODAY INC 425.00 416138 11/04/2021 JACKS COMPLETE TREE SERVICE INC 3,000.00 416139 11/04/2021 LARRY STEPHENS 75.00 416140 11/04/2021 ORCHID ISLAND PROPERTY MGMT II INC 750.00 416141 11/04/2021 JOHNNY B SMITH 225.00 27 TRANS NBR DATE VENDOR AMOUNT 416142 11/04/2021 SUM IERLINS MARINE CONST LLC 2,215.00 416143 11/04/2021 AQUA -AEROBIC SYSTEMS INC 99,927.99 416144 11/04/2021 REDLANDS CHRISTIAN MIGRANT ASSOC 14,041.39 416145 11/04/2021 PETER J CAS SARA 7,250.00 416146 11/04/2021 FLUID CONTROL SPECIALTIES INC 2,659.08 416147 11/04/2021 FLEETBOSS G P S INC. 30,727.20 416148 11/04/2021 NICOLACE MARKETING INC 4,813.00 416149 11/04/2021 VERA SMITH 75.00 416150 11/04/2021 GARRETT SMITH 75.00 416151 11/04/2021 BRENNTAG MID -SOUTH INC 3,233.69 416152 11/04/2021 FLORIDA ARMATURE WORKS INC 3,535.84 416153 11/04/2021 OVERDRIVE INC 2,420.60 416154 11/04/2021 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 416155 11/04/2021 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 416156 11/04/2021 XYLEM WATER SOLUTION USA INC 1,095.54 416157 11/04/2021 GFA INTERNATIONAL INC 18,107.50 416158 11/04/2021 ALEX MIKLO 125.00 416159 11/04/2021 BURNETT LIME CO INC 13,296.22 416160 11/04/2021 DEBORAH CUEVAS 75.00 416161 11/04/2021 CHEMTRADE CHEMICALS CORPORTATION 3,038.56 416162 11/04/2021 MARKETING SPECIALTIES OF GEORGIA LLC 2,212.00 416163 11/04/2021 STS MAINTAIN SERVICES INC 12,694.17 416164 11/04/2021 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 416165 11/04/2021 FARONICS TECHNOLOGIES USA INC 3,360.00 416166 11/04/2021 CATHEDRAL CORPORATION 581.40 416167 11/04/2021 UNIFIRST CORPORATION 763.25 416168 11/04/2021 CDA SOLUTIONS INC 382.50 416169 11/04/2021 EDWARD ILLIDGE 200.00 416170 11/04/2021 MATHESON TRI -GAS INC 10,342.80 416171 11/04/2021 ROBERT O RICHARDSON 111 75.00 416172 11/04/2021 COLE AUTO SUPPLY INC 57.21 416173 11/04/2021 SUPERSAFE LIBRARY SECURITY INC 1,315.00 416174 11/04/2021 SECURITAS ELECTRONIC SECURITY INC 1,987.12 416175 11/04/2021 FLORIDA BULB & BALLAST INC 319.80 416176 11/04/2021 ENVIRONMENTAL OPERATING SOLUTION INC 8,067.50 416177 11/04/2021 CORE & MAIN LP 280.35 416178 11/04/2021 INDIAN RIVER DOCKS LLC 23,760.00 416179 11/04/2021 REXEL USA INC 604.72 416180 11/04/2021 THERNELL MILLS 75.00 416181 11/04/2021 EMPIRE PIPE ORLANDO LLC 16,048.20 416182 11/04/2021 BURRIS COMPUTER FORMS 315.10 416183 11/04/2021 AMAZON CAPITAL SERVICES INC 5,063.73 416184 11/04/2021 TREASURE COAST PLUMBING LLC 10,622.80 416185 11/04/2021 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 1,420.00 416186 11/04/2021 CALITEN LLC 44.30 416187 11/04/2021 METROPOLITAN COMMUNICATION SERVICES INC 385.25 416188 11/04/2021 JOHN J DRISCOLL 250.00 416189 11/04/2021 DAVID MIKE 150.00 416190 11/04/2021 JORDAN POWER EQUIPMENT CORP 852.50 416191 11/04/2021 DEANGELO BROTHERS LLC 324.00 416192 11/04/2021 PUMP SERVICE & IRRIGATION INC 341.95 416193 11/04/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 237.29 416194 11/04/2021 DESK SPINCO INC 2,135.07 416195 11/04/2021 ERIKA LUNDEEN 10.00 416196 11/04/2021 FERGUSON US HOLDINGS INC 591.82 416197 11/04/2021 BLUE GOOSE CONSTRUCTION LLC 5,057.05 416198 11/04/2021 STAPLES INC 355.42 416199 11/04/2021 LOWES COMPANIES INC 1,973.51 416200 11/04/2021 SMI TRADING LLC 50.49 416201 11/04/2021 CHRIS ZAVESKY 125.00 28 TRANS NBR DATE VENDOR AMOUNT 416202 11/04/2021 THEODORE SEMI 275.00 416203 11/04/2021 BRITTON INDUSTRIES INC 145.99 416204 11/04/2021 HIREQUEST LLC 9,497.22 416205 11/04/2021 MARUBENI AMERICA CORPORATION 1,328.25 416206 11/04/2021 GOMEZ BROTHERS CONTRACT SERVICES 1,800.00 416207 11/04/2021 HERBERT FLOWERS 75.00 416208 11/04/2021 PIVOTAL UTILITY HOLDINGS INC 35.09 416209 11/04/2021 MR RESTORE SERVICES INC 2,682.77 416210 11/04/2021 BTAC HOLDING CORP 6,689.18 416211 11/04/2021 UNIVERSITY OF FLORIDA 305.00 416212 11/04/2021 EMBASSY SUITES HOTEL 244.00 416213 11/04/2021 CONSTRUCTION LICENSING OFFICIALS 175.00 416214 11/04/2021 LESLIE N MUNROE 38.28 416215 11/04/2021 JOHN BIRHANZL 260.51 416216 11/04/2021 JAMES MANN 95.41 416217 11/04/2021 MELISSAARNDT 260.51 416218 11/04/2021 DAVID CASWELL 260.51 416219 11/04/2021 TERRANCE LEE 125.00 416220 11/04/2021 ACROSS THE STREET PRODUCTIONS INC 9,000.00 Grand Total: 2,085,375.39 29 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 901502 11/01/2021 CREATIVE CHOICE HOMES XVI LTD 438.00 901503 11/01/2021 LAZY J LLC 796.00 901504 11/01/2021 COALITION FOR ATTAINABLE HOMES INC 477.00 901505 11/01/2021 SUNQUESTAPRTMENTS LLC 806.00 901506 11/01/2021 ORCHARD GROVE VENTURE LLC 2,613.00 901507 11/01/2021 SREIT LEXINGTON CLUB LLC 1,515.00 901508 11/01/2021 PEMBERLY PALMS HH LLC 449.00 901509 11/01/2021 GRACES LANDING LTD 10,970.00 901510 11/01/2021 BETTY DAVIS SCROGGS 769.00 901511 11/01/2021 CREATIVE CHOICE HOMES XVI LTD 12,539.00 901512 11/01/2021 DAVID YORK 577.00 901513 11/01/2021 ST FRANCIS MANOR OF VERO BEACH 2,189.00 901514 11/01/2021 TREASURE COAST HOMELESS SERVICES 1,980.00 901515 11/01/2021 FLORIDA POWER AND LIGHT 222.00 901516 11/01/2021 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,685.00 901517 11/01/2021 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,465.00 901518 11/01/2021 THE PALMS AT VERO BEACH 16,607.00 901519 11/01/2021 DAVID CONDON 801.00 901520 11/01/2021 HILARY MCIVOR 457.00 901521 11/01/2021 PELICAN ISLES LP 11,062.00 901522 11/01/2021 SUNCOAST REALTY & RENTAL MGMT LLC 5,304.00 901523 11/01/2021 OAK RIVER PROPERTIES INC 309.00 901524 11/01/2021 ADINA GOLDMAN 737.00 901525 11/01/2021 INDIAN RIVER RDA LP 2,594.00 901526 11/01/2021 LAZY J LLC 1,421.00 901527 11/01/2021 JESSE LEWIS 984.00 901528 11/01/2021 SAID S MOOBARK 2,148.00 901529 11/01/2021 OSCEOLA COUNTY SECTION 8 896.08 901530 11/01/2021 ANTHONY ARROYO 685.00 901531 11/01/2021 YVONNE KOUTSOFIOS 19.00 901532 11/01/2021 BRIAN E GALLAGHER 633.00 901533 11/01/2021 SCOT WILKE 635.00 901534 11/01/2021 JOHN T STANLEY 1,060.00 901535 11/01/2021 WEDGEWOOD RENTALS LLC 1,133.00 901536 11/01/2021 COALITION FOR ATTAINABLE HOMES INC 455.00 901537 11/01/2021 MCLAUGHLIN PROPERTIES LLC 2,473.00 901538 11/01/2021 MYRIAM MELENDEZ 595.00 901539 11/01/2021 WATSON REALTY GROUP 2,429.00 901540 11/01/2021 SHER LLC 429.00 901541 11/01/2021 SUNQUESTAPRTMENTS LLC 2,885.00 901542 11/01/2021 PJD HOLDINGS LLC 1,225.00 901543 11/01/2021 ORCHARD GROVE VENTURE LLC 12,757.00 901544 11/01/2021 SOLARISE APARTMENT PROPERTIES LLC 3,434.00 901545 11/01/2021 SREIT LEXINGTON CLUB LLC 26,783.00 901546 11/01/2021 VERO BEACH LEASED HOUSING ASSOC III LLLP 12,544.00 901547 11/01/2021 B4 TC PROPERTIES LLC 1,099.00 901548 11/01/2021 STREIT RIVER PARK PLACE LLC 17,390.00 901549 11/01/2021 PEMBERLY PALMS HH LLC 22,895.00 901550 11/01/2021 EZAS INVESTMENTS LLC 912.00 901551 11/01/2021 MARILEE MINTZER 644.00 901552 11/04/2021 NATIONAL ASSOCIATION OF HOUSING AND 538.20 901553 11/04/2021 CANON FINANCIAL SERVICES INC 50.21 901554 11/04/2021 STREIT RIVER PARK PLACE LLC 482.00 901555 11/04/2021 BEDS41-11M INC 975.00 Grand Total: 202,969.49 30 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1018908 10/29/2021 OFFICE DEPOT INC 719.84 1018909 10/29/2021 MIKES GARAGE & WRECKER SERVICE INC 420.00 1018910 10/29/2021 STRYKER SALES CORP 2,654.48 1018911 11/01/2021 GROVE WELDERS INC 3,178.69 1018912 11/01/2021 RECHTIEN INTERNATIONAL TRUCKS 54.59 1018913 11/03/2021 AT&T CORP 198.00 1018914 11/03/2021 AT&T CORP 2,241.82 1018915 11/03/2021 AT&T CORP 580.88 1018916 11/03/2021 OFFICE DEPOT INC 2,811.95 1018917 11/03/2021 COMCAST 168.35 1018918 11/03/2021 INDIAN RIVER BATTERY 757.25 1018919 11/03/2021 APPLE INDUSTRIAL SUPPLY CO 115.68 1018920 11/03/2021 L&L DISTRIBUTORS 1,377.38 1018921 11/03/2021 PACE ANALYTICAL SERVICES LLC 1,898.00 1018922 11/04/2021 INDIAN RIVER BATTERY 768.70 1018923 11/04/2021 DEMCOINC 758.56 1018924 11/04/2021 EFE INC 2,005.81 1018925 11/04/2021 PACE ANALYTICAL SERVICES LLC 216.00 Grand Total: 20,925.98 31 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9046 10/29/2021 CER SIGNATURE CLEANING LLC 18,788.00 9047 10/29/2021 COALITION FOR ATTAINABLE HOMES INC 1,831.00 9048 10/29/2021 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 41,730.75 9049 10/29/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 11,338.27 9050 10/29/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 70,870.12 9051 10/29/2021 TEAMSTERS LOCAL UNION #769 5,368.00 9052 10/29/2021 IRC FIRE FIGHTERS ASSOC 10,551.56 9053 10/29/2021 KIMLEY HORN & ASSOC INC 49,325.62 9054 10/29/2021 KIMLEY HORN & ASSOC INC 12,868.21 9055 10/29/2021 EDH HOLDINGS LLC 1,381.08 9056 10/29/2021 SENIOR RESOURCE ASSOCIATION 398,897.48 9057 10/29/2021 KIM[LEY HORN & ASSOC INC 19,270.00 9058 10/29/2021 CITY OF FELLSMERE 26,147.94 9059 10/29/2021 CITY OF FELLSMERE 9,489.00 9060 10/29/2021 INDIAN RIVER COUNTY TAX COLLECTOR 1,000.00 9061 10/29/2021 INDIAN RIVER COUNTY TAX COLLECTOR 3,600.00 9062 10/29/2021 FL SDU 3,491.94 9063 11/01/2021 IRS -PAYROLL TAXES 542,675.52 9064 11/01/2021 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 117,546.14 9065 11/01/2021 INDIAN RIVER COUNTY SHERIFF 4,842,840.90 9066 11/01/2021 CLERK OF CIRCUIT COURT 102,839.75 9067 11/01/2021 ST LUCIE BATTERY & TIRE CO 1,092.72 9068 11/01/2021 MUTUAL OF OMAHA 8,695.14 9069 11/01/2021 ALLSTATE 125.10 9070 11/01/2021 AMERICAN FAMILY LIFE ASSURANCE CO 19,426.88 9071 11/02/2021 FL RETIREMENT SYSTEM 1,216,415.19 9072 11/02/2021 EDH HOLDINGS LLC 45.84 9073 11/02/2021 HEALTH ADVOCATE SOLUTIONS INC 1,551.00 9074 11/03/2021 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,542.76 9075 11/04/2021 TD BANK 9,096.96 9076 11/04/2021 HIGHMARK STOP LOSS 104,766.76 Grand Total: 7,657,609.63 32 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 11, 2021 co �nr PrRo``� SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 5, 2021 to November 11, 2021 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of November 5, 2021 to November 11, 2021. 33 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 416221 11/10/2021 COMMUNICATIONS INTERNATIONAL 267,126.05 416222 11/10/2021 RICOH USA INC 37.16 416223 11/10/2021 HENRY SCHEIN INC 1,072.41 416224 11/10/2021 SAFETY PRODUCTS INC 17.15 416225 11/10/2021 SAFETY KLEEN SYSTEMS INC 160.00 416226 11/10/2021 BOUND TREE MEDICAL LLC 1,680.00 416227 11/10/2021 ECOTECH CONSULTANTS INC 2,666.67 416228 11/10/2021 CALL ONE INC 512.00 416229 11/10/2021 ABCO GARAGE DOOR CO INC 601.00 416230 11/10/2021 CITY OF VERO BEACH 77.18 416231 11/10/2021 PUBLIX SUPERMARKETS 39.38 416232 11/10/2021 FLORIDA ANIMAL CONTROL ASSOC INC 70.00 416233 11/10/2021 FEDERAL EXPRESS CORP 37.42 416234 11/10/2021 MUNICIPAL CODE CORPORATION 500.00 416235 11/10/2021 TIMOTHY ROSE CONTRACTING INC 458,056.66 416236 11/10/2021 FLORIDA POWER AND LIGHT 8,026.66 416237 11/10/2021 FLORIDA POWER AND LIGHT 1,162.72 416238 11/10/2021 MELECH BERMAN 4,575.00 416239 11/10/2021 OCEANSIDE TITLE & ESCROW 75.01 416240 11/10/2021 CITY OF FELLSMERE 268.75 416241 11/10/202.1 COMPLETE ELECTRIC INC 3,155.03 416242 11/10/2021 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 95.00 416243 11/10/2021 TREASURE COAST FIRE CHIEFS 25.00 416244 11/10/2021 TRANE US INC 303,274.96 416245 11/10/2021 HULETT ENVIRONMENTAL SERVICES 16.50 416246 11/10/2021 CELICO PARTNERSHIP 580.16 416247 11/10/2021 SOUTHERN JANITOR SUPPLY INC 1,866.47 416248 11/10/2021 GLOVER OIL COMPANY INC 40,324.88 416249 11/10/2021 INDIAN RIVER CHARTER HIGH SCHOOL 500.00 416250 11/10/2021 JOSHUA HARVEY GHIZ 69,246.39 416251 11/10/2021 REHMANN GROUP LLC 40,000.00 416252 11/10/2021 CARDINAL HEALTH 110 INC 1,216.06 416253 11/10/2021 MUNICIPAL EMERGENCY SERVICES INC 3,906.36 416254 11/10/2021 KRAUS ASSOCIATES INC 22,875.00 416255 11/10/2021 THE LAW OFFICES OF 100.00 416256 11/10/2021 VALAPTSLLC 80.00 416257 11/10/2021 THE TRANSIT GROUP INC 5,261.10 416258 11/10/2021 CATHEDRAL CORPORATION 17,700.00 416259 11/10/2021 CDA SOLUTIONS INC 9,233.93 416260 11/10/2021 JILLIAN SPARKS 150.00 416261 11/10/2021 COLE AUTO SUPPLY INC 1,271.24 416262 11/10/2021 RELX INC 410.00 416263 11/10/2021 ST HELENS CATHOLIC SCHOOL 500.00 416264 11/10/2021 DIRECTV GROUP INC 81.99 416265 11/10/2021 AMAZON CAPITAL SERVICES INC 44.96 416266 11/10/2021 TREASURE COAST PLUMBING LLC 320.00 416267 11/10/2021 PIRATE PEST CONTROL LLC 27.00 416268 11/10/2021 FL PUBLIC EMPLOYER LABOR RELATIONS ASSOCIATI 225.00 416269 11/10/2021 MULLINAX FORD OF VERO BEACH 240.00 416270 11/10/2021 STAPLES INC 37.57 416271 11/10/2021 LOWES COMPANIES INC 1,568.02 416272 11/10/2021 HIGHER GROUND LAND SERVICES LLC 4,384.00 416273 11/10/2021 TAKING GROUND LAWN & LANDSCAPE INC 200.00 416274 11/10/2021 SENIOR HELPERS OF THE TREASURE COAST 150.00 416275 11/10/2021 SENTINEL TECHNOLOGIES INC 7,400.00 416276 11/10/2021 ADELE CALVIN 150.00 416277 11/10/2021 PMDC PROPERTIiES 224.46 416278 11/10/2021 UTIL REFUNDS 81.51 34 TRANS NBR DATE VENDOR AMOUNT 416279 11/10/2021 UTIL REFUNDS 13.78 416280 11/10/2021 UTIL REFUNDS 73.38 416281 11/10/2021 UTIL REFUNDS 97.38 416282 11/10/2021 UTIL REFUNDS 51.68 416283 11/10/2021 UTIL REFUNDS 13.15 416284 11/10/2021 UTIL REFUNDS 253.75 416285 11/10/2021 UTIL REFUNDS 74.39 416286 11/10/2021 UTIL REFUNDS 33.59 416287 11/10/2021 UTIL REFUNDS 34.83 416288 11/10/2021 UTIL REFUNDS 74.93 416289 11/10/2021 UTIL REFUNDS 21.92 416290 11/10/2021 UTIL REFUNDS 44.98 416291 11/10/2021 UTI, REFUNDS 11.66 416292 11/10/2021 UTIL REFUNDS 93.88 416293 11/10/2021 UTIL REFUNDS 26.76 416294 11/10/2021 UTIL REFUNDS 53.11 416295 11/10/2021 UTIL REFUNDS 75.85 416296 11/10/2021 UTI, REFUNDS 70.64 416297 11/10/2021 UTIL REFUNDS 83.41 416298 11/10/2021 UTIL REFUNDS 64.18 416299 11/10/2021 UTIL REFUNDS 30.01 416300 11/10/2021 UTIL REFUNDS 39.23 416301 11/10/2021 UTIL REFUNDS 6.27 416302 11/10/2021 UTIL REFUNDS 69.43 416303 11/10/2021 UTIL REFUNDS 62.36 416304 11/10/2021 UTIL REFUNDS 73.09 416305 11/10/2021 UTIL REFUNDS 45.14 416306 11/10/2021 UTIL REFUNDS 36.26 416307 11/10/2021 UTIL REFUNDS 35.40 416308 11/10/2021 UTIL REFUNDS 38.15 416309 11/10/2021 UTIL REFUNDS 46.02 416310 11/10/2021 UTIL REFUNDS 100.00 416311 11/10/2021 UTIL REFUNDS 57.90 416312 11/10/2021 UTIL REFUNDS 19.32 416313 11/10/2021 UTIL REFUNDS 3.62 416314 11/10/2021 UTIL. REFUNDS 105.08 416315 11/10/2021 UTIL REFUNDS 2.37 416316 11/10/2021 UTIL REFUNDS 4.42 416317 11/10/2021 UTIL REFUNDS 76.23 416318 11/10/2021 UTIL REFUNDS 3.13 416319 11/10/2021 UTIL REFUNDS 44.35 416320 11/10/2021 UTIL REFUNDS 52.89 416321 11/10/2021 UTLL REFUNDS 41.77 416322 11/10/2021 UTIL REFUNDS 32.35 416323 11/10/2021 UTIL REFUNDS 87.77 416324 11/10/2021 UTIL REFUNDS 47.33 416325 11/10/2021 UTIL REFUNDS 3.44 416326 11/10/2021 UTIL REFUNDS 46.54 416327 11/10/2021 UTIL REFUNDS 196.05 416328 11/10/2021 UTIL REFUNDS 234.37 416329 11/10/2021 UTIL REFUNDS 83.97 416330 11/10/2021 UTIL REFUNDS 75.91 416331 11/10/2021 UTIL REFUNDS 50.63 416332 11/10/2021 UTEL REFUNDS 91.27 416333 11/10/2021 UTIL REFUNDS 90.17 416334 11/10/2021 UTIL REFUNDS 57.22 416335 11/10/2021 UTIL REFUNDS 200.00 416336 11/10/2021 UTIL REFUNDS 48.51 416337 11/10/2021 UTIL REFUNDS 93.88 416338 11/10/2021 UTIL REFUNDS 79.49 35 TRANS NBR DATE VENDOR AMOUNT 416339 11/10/2021 UTIL REFUNDS 62.90 416340 11/10/2021 UTIL REFUNDS 15.24 416341 11/10/2021 UTIL REFUNDS 73.53 416342 11/10/2021 UTIL REFUNDS 72.34 416343 11/10/2021 UTIL REFUNDS 41.36 416344 11/10/2021 UTIL REFUNDS 374.86 416345 11/10/2021 UTIL REFUNDS 87.07 416346 11/10/2021 UTIL REFUNDS 91.83 416347 11/10/2021 UTIL REFUNDS 82.53 416348 11/10/2021 UTIL REFUNDS 17.66 416349 11/10/2021 UTIL REFUNDS 26.12 416350 11/10/2021 UTIL REFUNDS 78.77 416351 11/10/2021 UTIL REFUNDS 75.87 416352 11/10/2021 UTIL REFUNDS 79.12 416353 11/10/2021 UTIL REFUNDS 187.58 416354 11/10/2021 UTIL REFUNDS 46.39 416355 11/10/2021 UTIL REFUNDS 20.20 416356 11/10/2021 UTIL REFUNDS 86.24 416357 11/10/2021 UTIL REFUNDS 39.55 416358 11/10/2021 UTIL REFUNDS 2.05 416359 11/10/2021 UTIL REFUNDS 40.18 416360 11/10/2021 UTIL REFUNDS 11.88 416361 11/10/2021 UTIL REFUNDS 22.61 416362 11/10/2021 UTIL REFUNDS 39.37 416363 11/10/2021 UTIL REFUNDS 23.39 416364 11/10/2021 UTIL REFUNDS 10.65 416365 11/10/2021 UTIL REFUNDS 83.67 416366 11/10/2021 UTIL REFUNDS 81.65 416367 11/10/2021 UTIL REFUNDS 49.39 416368 11/10/2021 UTIL REFUNDS 39.08 416369 11/10/2021 UTIL REFUNDS 51.61 416370 11/10/2021 UTIL REFUNDS 19.42 416371 11/10/2021 UTIL REFUNDS 143.77 416372 11/10/2021 UTIL REFUNDS 69.93 416373 11/10/2021 UTIL REFUNDS 44.67 416374 11/10/2021 UTIL REFUNDS 50.29 416375 11/10/2021 UTIL REFUNDS 85.54 416376 11/10/2021 UTIL REFUNDS 6.04 416377 11/10/2021 UTIL REFUNDS 44.67 416378 11/10/2021 BRIAN FREEMAN 90.68 416379 11/10/2021 JAMES MANN 68.53 416380 11/10/2021 DAVID BRYANT 125.00 416381 11/10/2021 PORT CONSOLIDATED INC 1,826.53 416382 11/10/2021 RANGER CONSTRUCTION IND INC 647.46 416383 11/10/2021 VERO CHEMICAL DISTRIBUTORS INC 99.70 416384 11/10/2021 SAFETY PRODUCTS INC 4,053.80 416385 11/10/2021 GRAINGER 1,242.56 416386 11/10/2021 HACH CO 648.08 416387 11/10/2021 LFI FORT PIERCE INC 2,384.01 416388 11/10/2021 ALLIED ELECTRONICS INC 30.94 416389 11/10/2021 TIRESOLES OF BROWARD INC 1,249.00 416390 11/10/2021 BLAKESLEE SERVICES INC 817.00 416391 11/10/2021 MIDWEST TAPE LLC 4,137.81 416392 11/10/2021 ODYSSEY MANUFACTURING CO 2,543.81 416393 11/10/2021 BAKER DISTRIBUTING CO LLC 96.43 416394 11/10/2021 ENNIS-FLINT INC 964.96 416395 11/10/2021 CLERK OF CIRCUIT COURT 538.00 416396 11/10/2021 INDIAN RIVER ALL FAB INC 190.00 416397 11/10/2021 UNITED PARCEL SERVICE INC 34.26 416398 11/10/2021 JANITORIAL DEPOT OF AMERICA INC 1,180.66 36 TRANS NBR DATE VENDOR AMOUNT 416399 11/10/2021 PUBLIX SUPERMARKETS 46.00 416400 11/10/2021 UNIVERSITY OF FLORIDA 600.00 416401 11/10/2021 WEST PUBLISHING CORPORATION 196.43 416402 11/10/2021 FEDERAL EXPRESS CORP 24.51 416403 11/10/2021 CENTRAL A/C & REFRIGERATION SUPPLY INC 585.32 416404 11/10/2021 MELVIN EVERETT 7,930.00 416405 11/10/2021 FLORIDA POWER AND LIGHT 61,636.22 416406 11/10/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 416407 11/10/2021 GREY HOUSE PUBLISHING 5,620.00 416408 11/10/2021 HENRY SMITH 75.00 416409 11/10/2021 JOHN BROWN & SONS INC 8,490.00 416410 11/10/2021 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 43.56 416411 11/10/2021 BRIDGESTONE AMERICAS INC 2,877.54 416412 11/10/2021 PRIMA 385.00 416413 11/10/2021 HULETT ENVIRONMENTAL SERVICES 317.00 416414 11/10/2021 POTTERS INDUSTRIES LLC 2,560.00 416415 11/10/2021 ELECTRONIC ACCESS SPECIALIST 807.34 416416 11/10/2021 FLORIDA FLOODPLAIN MANAGERS ASSOC 80.00 416417 11/10/2021 FASTENAL COMPANY 426.91 416418 11/10/2021 SOUTHERN JANITOR SUPPLY INC 2,719.96 416419 11/10/2021 OCLC ONLINE COMPUTER LIBRARY CENTER 1,240.63 416420 11/10/2021 JACKS COMPLETE TREE SERVICE INC 500.00 416421 11/10/2021 GLOVER OIL COMPANY INC 46,351.62 416422 11/10/2021 1 ST FIRE & SECURITY INC 135.00 416423 11/10/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,355.21 416424 11/10/2021 PETER J CASSARA 1,250.00 416425 11/10/2021 AFFORDABLE WATER & COFFEE SVC 35.00 416426 11/10/2021 PROQUEST LLC 9,514.55 416427 11/10/2021 KWACKS INC 2,548.00 416428 11/10/2021 WINSUPPLY OF VERO BEACH 156.84 416429 11/10/2021 BRENNTAG MID -SOUTH INC 3,256.89 416430 11/10/2021 FLORIDA ARMATURE WORKS INC 6,665.63 416431 11/10/2021 OVERDRIVE INC 1,523.53 416432 11/10/2021 XYLEM WATER SOLUTION USA INC 88.59 416433 11/10/2021 BURNETT LIME CO INC 6,647.38 416434 11/10/2021 MASCHMEYER CONCRETE COMPANY OF FLORIDA 538.56 416435 11/10/2021 IMAGE ACCESS INC 2,101.00 416436 11/10/2021 SYLIVIA MILLER 1,563.00 416437 11/10/2021 CATHEDRAL CORPORATION 651.30 416438 11/10/2021 UNIFIRST CORPORATION 1,122.46 416439 11/10/2021 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 137.47 416440 11/10/2021 GOTTA GO GREEN ENTERPISES INC 755.78 416441 11/10/2021 ICON SUPPLY INC 300.00 416442 11/10/2021 TRIHEDRAL INC 32,822.50 416443 11/10/2021 COLE AUTO SUPPLY INC 138.33 416444 11/10/2021 FLORIDA BULB & BALLAST INC 10,174.40 416445 11/10/2021 STUART RUBBER STAMP & SIGN CO INC 427.35 416446 11/10/2021 CORE & MAIN LP 5,347.52 416447 11/10/2021 WOERNER AGRIBUSINESS LLC 1,140.00 416448 11/10/2021 EMPIRE PIPE ORLANDO LLC 13,568.31 416449 11/10/2021 AMAZON CAPITAL SERVICES INC 2,641.45 416450 11/10/2021 LUBRICATION ENGINEERS INC 779.36 416451 11/10/2021 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,480.00 416452 11/10/2021 JORDAN POWER EQUIPMENT CORP 161.92 416453 11/10/2021 LIBERTY TIRE RECYCLING LLC 1,809.00 416454 11/10/2021 JUDITHABURLEY 357.50 416455 11/10/2021 PUMP SERVICE & IRRIGATION INC 539.38 416456 11/10/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 258.05 416457 11/10/2021 JO -ANN STORES HOLDING INC 4,000.00 416458 11/10/2021 FERGUSON US HOLDINGS INC 4,701.28 37 TRANS NBR DATE VENDOR AMOUNT 416459 11/10/2021 BLUE GOOSE CONSTRUCTION LLC 3,445.99 416460 11/10/2021 STAPLES INC 79.99 416461 11/10/2021 LOWES COMPANIES INC 2,125.10 416462 11/10/2021 SMI TRADING LLC 6.26 416463 11/10/2021 CHRIS ZAVESKY 75.00 416464 11/10/2021 BRITTON INDUSTRIES INC 96.54 416465 11/10/2021 JUNIPER LANDSCAPING OF FLORIDA LLC 11,395.00 416466 11/10/2021 LAWRENCE F WALL IN 75.00 416467 11/10/2021 HIREQUEST LLC 3,299.04 416468 11/10/2021 SHAMROCK ENVIRONMENTAL CORPORATION 10,743.39 416469 11/10/2021 CROM LLC 40,312.50 416470 11/10/2021 D C CONSTRUCTION & COMPANY INC 4,813.08 416471 11/10/2021 THOMAS J GOLDSCHMIDT MD PA 2,850.00 416472 11/10/2021 BTAC HOLDING CORP 20.34 416473 11/10/2021 BTAC HOLDING CORP 3,475.19 416474 11/10/2021 TK ELEVATOR CORPORATION 9,066.00 Grand Total: 1,671,079.64 W RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 901556 11/10/2021 GRACES LANDING LTD 2,166.00 901557 11/10/2021 IRC HOUSING AUTHORITY 468.00 901558 11/10/2021 WEDGEWOOD RENTALS LLC 941.00 901559 11/10/2021 SUNQUESTAPRTMENTS LLC 696.00 901560 11/10/2021 ORCHARD GROVE VENTURE LLC 679.00 901561 11/10/2021 SREIT LEXINGTON CLUB LLC 3,029.00 901562 11/10/2021 STREIT RIVER PARK PLACE LLC 1,902.00 901563 11/10/2021 PEMBERLY PALMS HH LLC 774.00 901564 11/10/2021 VIRGIN ISLANDS HOUSING AUTHORITY 929.69 901565 11/10/2021 WAY FINDERS INC 279.35 Grand Total: 11,864.04 39 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1018926 11/08/2021 AT&T CORP 981.20 1018927 11/08/2021 AT&T CORP 8.74 1018928 11/08/2021 AT&T CORP 65.16 1018929 11/09/2021 INDIAN RIVER OXYGEN INC 3,679.50 1018930 11/09/2021 GALLS LLC 449.25 1018931 11/09/2021 WIGINTON CORPORATION 476.95 1018932 11/09/2021 STRYKER SALES CORP 1,176.50 1018933 11/09/2021 PROTRANSMASTERS II INC 2,744.21 1018934 11/09/2021 L&L DISTRIBUTORS 1,365.71 1018935 11/09/2021 STAT MEDICAL DISPOSAL INC 205.00 1018936 11/09/2021 WASTE MANAGEMENT INC OF FLORIDA 3,246.21 1018937 11/10/2021 INDIAN RIVER BATTERY 161.45 1018938 11/10/2021 DEMCOINC 253.14 1018939 11/10/2021 APPLE INDUSTRIAL SUPPLY CO 86.94 1018940 11/10/2021 MEEKS PLUMBING INC 686.00 1018941 11/10/2021 IRRIGATION CONSULTANTS UNLIMITED INC 535.57 1018942 11/10/2021 SOUTHERN COMPUTER WAREHOUSE INC 1,306.20 1018943 11/10/2021 HARCROS CHEMICALS, INC. 2,726.32 1018944 11/10/2021 L&L DISTRIBUTORS 564.90 1018945 11/10/2021 HYDRA SERVICE (S) INC 22,411.42 1018946 11/10/2021 WRIGHT FASTENER COMPANY LLC 752.00 1018947 11/10/2021 NEXAIR LLC 53.67 1018948 11/10/2021 PACE ANALYTICAL SERVICES LLC 5,155.00 Grand Total: 49,091.04 40 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR 9077 11/05/2021 HIGHMARK STOP LOSS 9078 11/08/2021 IRS -PAYROLL TAXES 9079 11/09/2021 BENEFLEX INC 9080 11/10/2021 RX BENEFITS INC 9081 11/10/2021 RX BENEFITS INC 9082 11/10/2021 INDIAN RIVER COUNTY SHERIFF Grand Total: AMOUNT 6,810.65 14,857.17 802.50 263,067.89 3,203.98 3,943.20 292,685.39 41 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 2711' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 18, 2021 GOMPT 0 ` Z e FR couN'� SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 12, 2021 to November 18, 2021 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of November 12, 2021 to November 18, 2021. 42 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 416475 11/12/2021 VERO CHEMICAL DISTRIBUTORS INC 167.10 416476 11/12/2021 CITY OF VERO BEACH 78.82 416477 11/12/2021 FLORIDA POWER AND LIGHT 1,592.95 416478 11/12/2021 JOHN BROWN & SONS INC 6,600.00 416479 11/12/2021 ADMIN FOR CHILD SUPPORT ENFORCEMENT 70.02 416480 11/12/2021 NORTH CAROLINA CHILD SUPPORT 105.69 416481 11/12/2021 AMAZON CAPITAL SERVICES INC 2,409.87 416482 11/12/2021 COMMONWEALTH OF MASSACHUSETTS 154.00 416483 11/12/2021 DEX IMAGING LLC 190.07 416484 11/12/2021 SHAMROCK ENVIRONMENTAL CORPORATION 1,778.28 416485 11/16/2021 INDIAN RIVER HABITAT 2,975.58 416486 11/16/2021 SANDBAR SUNDAY OUTFITTERS 10,000.00 416487 11/17/2021 RICHARD SCHLITT 4,550.00 416488 11/17/2021 JAMES W STANTON 3,250.00 416489 11/17/2021 ORCHARD GROVE VENTURE LLC 7,950.00 416490 11/17/2021 WILLIAM MICHAEL BIEBESHEIMER 9,600.00 416491 11/17/2021 FAY SERVICING LLC 3,255.96 416492 11/17/2021 GIESSERT FAMILY LLC 10,170.00 416493 11/17/2021 ZIAD K MANSOUR 8,250.00 416494 11/17/2021 RS REALTY ADVISORS LLC 6,250.00 416495 11/17/2021 SANDS ENTERPRISES LLC 10,500.00 416496 11/18/2021 COMMUNICATIONS INTERNATIONAL 11,948.19 416497 11/18/2021 TEN -8 FIRE EQUIPMENT INC 9,819.00 416498 11/18/2021 AT&T WIRELESS 72.48 416499 11/18/2021 AT&T WIRELESS 150.44 416500 11/18/2021 AT&T WIRELESS 355.91 416501 11/18/2021 AT&T WIRELESS 969.90 416502 11/18/2021 AT&T WIRELESS 972.25 416503 11/18/2021 BOUND TREE MEDICAL LLC 3,358.20 416504 11/18/2021 ABCO GARAGE DOOR CO INC 205.00 416505 11/18/2021 BAKER DISTRIBUTING CO LLC 20.68 416506 11/18/2021 ATKINS NORTH AMERICA INC 6,360.00 416507 11/18/2021 CLERK OF CIRCUIT COURT 929.28 416508 11/18/2021 INDIAN RIVER COUNTY HEALTH DEPT 64,633.66 416509 11/18/2021 VICTIM ASSISTANCE PROGRAM 6,485.91 416510 11/18/2021 ROGER J NICOSIA 1,500.00 416511 11/18/2021 CITY OF VERO BEACH 603.84 416512 11/18/2021 CITY OF VERO BEACH 2,350.70 416513 11/18/2021 CITY OF VERO BEACH 11,987.50 416514 11/18/2021 AT&T CORP 106.29 416515 11/18/2021 APCO INTERNATIONAL, INC 345.00 416516 11/18/2021 FEDERAL EXPRESS CORP 12.79 416517 11/18/2021 CENTRAL A/C & REFRIGERATION SUPPLY INC 67.58 416518 11/18/2021 COMO OIL COMPANY OF FLORIDA 37.00 416519 11/18/2021 TIMOTHY ROSE CONTRACTING INC 252,576.37 416520 11/18/2021 FLORIDA POWER AND LIGHT 14,098.28 416521 11/18/2021 PUBLIC DEFENDER 27,354.77 416522 11/18/2021 STATE ATTORNEY 11,413.76 416523 11/18/2021 NATIONAL GOLF FOUNDATION 250.00 416524 11/18/2021 LANGUAGE LINE SERVICES INC 61.55 416525 11/18/2021 COMPLETE ELECTRIC INC 8,500.00 416526 11/18/2021 ESRI INC 2,500.00 416527 11/18/2021 MIDWEST MOTOR SUPPLY CO 330.02 416528 11/18/2021 ST LUCIE COUNTY BOCC 40,484.33 416529 11/18/2021 TRANE US INC 61.70 416530 11/18/2021 HULETT ENVIRONMENTAL SERVICES 132.00 416531 11/18/2021 CELICO PARTNERSHIP 1,215.18 416532 11/18/2021 THE SHERWIN WILLIAMS CO 673.74 43 TRANS NBR DATE VENDOR AMOUNT 416533 11/18/2021 SOUTHERN JANITOR SUPPLY INC 621.29 416534 11/18/2021 GABRIEL ROEDER SMITH & CO 4,000.00 416535 11/18/2021 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 625.00 416536 11/18/2021 ROSELAND UNITED METHODIST CHURCH 200.00 416537 11/18/2021 HLP, INC. 5,040.00 416538 11/18/2021 WINSUPPLY OF VERO BEACH 438.36 416539 11/18/2021 HELPING ANIMALS LIVE -OVERCOME 46.00 416540 11/18/2021 SYN -TECH SYSTEMS INC 148.30 416541 11/18/2021 AG SCAPE SERVICES 30,682.53 416542 11/18/2021 CARDINAL HEALTH 110 INC 622.58 416543 11/18/2021 MUNICIPAL EMERGENCY SERVICES INC 10,582.40 416544 11/18/2021 MUNICIPAL EMERGENCY SERVICES INC 3,243.54 416545 11/18/2021 ANFIELD CONSULTING GROUP INC 10,000.00 416546 11/18/2021 ANDERSEN ANDRE CONSULTING ENGINEERS INC 8,404.00 416547 11/18/2021 UNIFIRST CORPORATION 23.50 416548 11/18/2021 PATRIOT PRODUCTIONS LLC 250.00 416549 11/18/2021 FLORIDA EAST COAST HOLDINGS CORP 35,141.61 416550 11/18/2021 COLE AUTO SUPPLY INC 2,308.16 416551 11/18/2021 RHOADES AIR & HEAT 862.00 416552 11/18/2021 RHOADES AIR & HEAT 10,800.00 416553 11/18/2021 DIRECTV GROUP INC 96.82 416554 11/18/2021 COMCAST HOLDINGS CORPORATION 4,174.95 416555 11/18/2021 AMAZON CAPITAL SERVICES INC 465.27 416556 11/18/2021 TREASURE COAST PLUMBING LLC 451.00 416557 11/18/2021 PIRATE PEST CONTROL LLC 51.00 416558 11/18/2021 AMERIGAS PROPANE LP 168.92 416559 11/18/2021 JORDAN POWER EQUIPMENT CORP 786.66 416560 11/18/2021 WETLANDS MANAGEMENT SF LLC 16,286.25 416561 11/18/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 201.91 416562 11/18/2021 WITT O'BRIEN'S LLC 387.50 416563 11/18/2021 LOWES COMPANIES INC 1,596.79 416564 11/18/2021 J -MAC CLEANING SERVICES INC 4,833.33 416565 11/18/2021 HIGH SOURCES INC 11,300.00 416566 11/18/2021 CLEAN SPACE INC 15,530.91 416567 11/18/2021 41 NORTH MEDIA LLC 1,500.00 416568 11/18/2021 THE LEADERSHIP INSTITUTE 150.00 416569 11/18/2021 LAURA'S SEWING & FABRIC SHOP 1,453.29 416570 11/18/2021 DUNLAP CONSTRUCTION LLC 8,635.00 416571 11/18/2021 JUDY DARNER 400.00 416572 11/18/2021 ALAINA BLAKNEY 220.44 416573 11/18/2021 KIM BRUSCO 50.00 416574 11/18/2021 DAIRO GALEANO SATIZABAL 67.00 416575 11/18/2021 DIANE GRABENBAUER 50.00 416576 11/18/2021 PORT CONSOLIDATED INC 4,439.44 416577 11/18/2021 SSES INC 1,471.80 416578 11/18/2021 VERO CHEMICAL DISTRIBUTORS INC 308.70 416579 11/18/2021 RICOH USA INC 140.32 416580 11/18/2021 RICOH USA INC 73.58 416581 11/18/2021 DATA FLOW SYSTEMS INC 877.00 416582 11/18/2021 PARALEE COMPANY INC 690.90 416583 11/18/2021 GRAINGER 774.36 416584 11/18/2021 KELLY TRACTOR CO 4,184.72 416585 11/18/2021 GENES AUTO GLASS INC 220.00 416586 11/18/2021 SAFETY KLEEN SYSTEMS INC 400.00 416587 11/18/2021 HACH CO 477.75 416588 11/18/2021 LFI FORT PIERCE INC 952.29 416589 11/18/2021 EXPRESS REEL GRINDING INC 2,830.00 416590 11/18/2021 TIRESOLES OF BROWARD INC 10,919.88 416591 11/18/2021 ODYSSEY MANUFACTURING CO 7,268.09 416592 11/18/2021 K & M ELECTRIC SUPPLY 21.40 44 TRANS NBR DATE VENDOR AMOUNT 416593 11/18/2021 SUNSHINE REHABILATION CENTER OF IRC INC 1,925.00 416594 11/18/2021 CITY OF VERO BEACH 1,051.35 416595 11/18/2021 EBSCO INDUSTRIES INC 4,702.68 416596 11/18/2021 LIVINGSTON PAGE 75.00 416597 11/18/2021 LIVINGSTON PAGE 100.00 416598 11/18/2021 JANITORIAL DEPOT OF AMERICA INC 421.95 416599 11/18/2021 ROGER CLEVELAND GOLF INC 4,899.84 416600 11/18/2021 ACUSHNET COMPANY 10,378.22 416601 11/18/2021 FEDERAL EXPRESS CORP 7.32 416602 11/18/2021 COMO OIL COMPANY OF FLORIDA 82.20 416603 11/18/2021 FAMOSO INC 586.08 416604 11/18/2021 CALLAWAY GOLF SALES COMPANY 9,704.65 416605 11/18/2021 FLORIDA POWER AND LIGHT 20,809.32 416606 11/18/2021 FLORIDA POWER AND LIGHT 5,570.96 416607 11/18/2021 PEACE RIVER ELECTRIC COOP INC 268.39 416608 11/18/2021 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,353.52 416609 11/18/2021 TREASURE COAST SPORTS COMMISSION INC 5,855.12 416610 11/18/2021 HENRY SMITH 250.00 416611 11/18/2021 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 89.40 416612 11/18/2021 ELXSI INC 384.38 416613 11/18/2021 BRIDGESTONE AMERICAS INC 1,944.33 416614 11/18/2021 MIDWEST MOTOR SUPPLY CO 814.80 416615 11/18/2021 TRANE US INC 408.00 416616 11/18/2021 HULETT ENVIRONMENTAL SERVICES 302.00 416617 11/18/2021 AM VAN LLC 2,886.74 416618 11/18/2021 CINTAS CORPORATION NO 2 69.29 416619 11/18/2021 FLORIDA DEPT OF JUVENILE JUSTICE 42,392.00 416620 11/18/2021 FLORIDA FLOODPLAIN MANAGERS ASSOC 80.00 416621 11/18/2021 THE SHERWIN WILLIAMS CO 236.52 416622 11/18/2021 SOUTHERN JANITOR SUPPLY INC 1,489.30 416623 11/18/2021 GLOVER OIL COMPANY INC 19,162.91 416624 11/18/2021 LARRY STEPHENS 75.00 416625 11/18/2021 ORCHID ISLAND PROPERTY MGMT II INC 950.00 416626 11/18/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 65.70 416627 11/18/2021 JOHNNY B SMITH 400.00 416628 11/18/2021 PETER J CAS SARA 3,450.00 416629 11/18/2021 BILLYS AUTO SERVICE INC 2,148.05 416630 11/18/2021 VERO BEACH BROADCASTERS LLC 560.00 416631 11/18/2021 FLEETBOSS GLOBAL POSITIONING SOLUTIONS INC 3,594.00 416632 11/18/2021 KWACKS INC 852.00 416633 11/18/2021 YOUTH GUIDANCE DONATION FUND 2,210.25 416634 11/18/2021 WINSUPPLY OF VERO BEACH 88.28 416635 11/18/2021 LARIAT ENTERPRISES INC 360.48 416636 11/18/2021 VERA SMITH 75.00 416637 11/18/2021 GARRETT SMITH 75.00 416638 11/18/2021 CREATIVE POWER SOLUTIONS INC 1,500.00 416639 11/18/2021 FLORIDA ARMATURE WORKS INC 2,223.24 416640 11/18/2021 BERMUDA SANDS APPAREL LLC 605.07 416641 11/18/2021 MOORE MOTORS INC 63.52 416642 11/18/2021 EASY PICKER GOLF PRODUCTS INC 3,845.40 416643 11/18/2021 ALEX MIKLO 250.00 416644 11/18/2021 BURNETT LIME CO INC 6,653.22 416645 11/18/2021 STRAIGHT OAK LLC 32.46 416646 11/18/2021 DEBORAH CUEVAS 75.00 416647 11/18/2021 STS MAINTAIN SERVICES INC 5,230.86 416648 11/18/2021 COBRA GOLF INCORPORATED 2,491.53 416649 11/18/2021 HAWKINS INC 463.75 416650 11/18/2021 RICHARD SZPYRKA 295.00 416651 11/18/2021 UNIFIRST CORPORATION 1,035.03 416652 11/18/2021 CDA SOLUTIONS INC 255.00 45 TRANS NBR DATE VENDOR AMOUNT 416653 11/18/2021 WILSON SPORTING GOODS CO 2,575.53 416654 11/18/2021 SCHUMACHER AUTOMOTIVE DELRAY LLC 79.80 416655 11/18/2021 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 834.72 416656 11/18/2021 EDWARD ILLIDGE 275.00 416657 11/18/2021 DEBBIE CARSON 100.00 416658 11/18/2021 MATHESON TRI-GAS INC 10,199.80 416659 11/18/2021 ROBERT O RICHARDSON III 75.00 416660 11/18/2021 COLE AUTO SUPPLY INC 1,247.12 416661 11/18/2021 KONICA MINOLTA BUSINESS SOLUTIONS 523.01 416662 11/18/2021 CALVIN GIORDANO & ASSOCIATES INC 24,926.25 416663 11/18/2021 CORE & MAIN LP 147,196.03 416664 11/18/2021 JOE PAYNE INC 12,459.20 416665 11/18/2021 WOERNER AGRIBUSINESS LLC 80.00 416666 11/18/2021 DJD EQUIPMENT HOLDINGS LLC 2,115.05 416667 11/18/2021 BOTTOMS UP BEVERAGE OF FLORIDA LLC 952.00 416668 11/18/2021 AMAZON CAPITAL SERVICES INC 596.52 416669 11/18/2021 CALITEN LLC 50.78 416670 11/18/2021 JOHN J DRISCOLL 300.00 416671 11/18/2021 DAVID MIKE 325.00 416672 11/18/2021 THE HOPE FOR FAMILIES CENTER INC 1,821.45 416673 11/18/2021 JORDAN POWER EQUIPMENT CORP 1,181.23 416674 11/18/2021 LIBERTY TIRE RECYCLING LLC 8,706.00 416675 11/18/2021 MULLINAX FORD OF VERO BEACH 928.65 416676 11/18/2021 JUDITH A BURLEY 211.50 416677 11/18/2021 DAVID F DELUCA 300.00 416678 11/18/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 337.49 416679 11/18/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 266.77 416680 11/18/2021 DESK SPINCO INC 1,203.21 416681 11/18/2021 DESK SPINCO INC 330.67 416682 11/18/2021 MT CAUSLEY LLC 30,360.00 416683 11/18/2021 BLUE GOOSE CONSTRUCTION LLC 2,511.26 416684 11/18/2021 LOWES COMPANIES INC 775.90 416685 11/18/2021 SMI TRADING LLC 349.99 416686 11/18/2021 CHRIS ZAVESKY 375.00 416687 11/18/2021 ROBERT A HUDSON 400.00 416688 11/18/2021 REBECCA SIPLAK 24.00 416689 11/18/2021 GREEN SEASONS NURSERY INC 2,923.75 416690 11/18/2021 THEODORE SEMI 525.00 416691 11/18/2021 BRITTON INDUSTRIES INC 241.32 416692 11/18/2021 JUNIPER LANDSCAPING OF FLORIDA LLC 3,327.68 416693 11/18/2021 LAWRENCE F WALLIN 225.00 416694 11/18/2021 VERO COLLISION I1 LLC 1,500.00 416695 11/18/2021 HIREQUEST LLC 4,917.36 416696 11/18/2021 PETERBILT STORE SOUTH FLORIDA LLC 489.35 416697 11/18/2021 A TEAM OF THE TREASURE COAST INC 1,720.00 416698 11/18/2021 BILLS NATIONWIDE HOLDINGS LLC 1,000.00 416699 11/18/2021 SHAMROCK ENVIRONMENTAL CORPORATION 1,786.05 416700 11/18/2021 SHAMROCK ENVIRONMENTAL CORPORATION 16,121.28 416701 11/18/2021 GOMEZ BROTHERS CONTRACT SERVICES 180.00 416702 11/18/2021 HERBERT FLOWERS 150.00 416703 11/18/2021 ALOE CARE INTERNATIONAL LLC 450.00 416704 11/18/2021 SHRIEVE CHEMICAL CO LLC 5,731.61 416705 11/18/2021 BTAC HOLDING CORP 2,490.17 416706 11/18/2021 TK ELEVATOR CORPORATION 750.00 416707 11/18/2021 POINT & PAY LLC 675.00 416708 11/18/2021 FLORIDA FISH & WILDLIFE 60.00 416709 11/18/2021 FLORIDA WATER & POLLUTION CONTROL 125.00 416710 11/18/2021 FLORIDA WATER & POLLUTION CONTROL 160.00 416711 11/18/2021 INTERNATIONAL ASSOCIATION OF 195.00 416712 11/18/2021 SAFETY HARBOR RESORT AND SPA 153.00 46 TRANS NBR DATE 416713 11/18/2021 416714 11/18/2021 416715 11/18/2021 416716 11/18/2021 Grand Total: VENDOR PETER OBRYAN LAURA MATTHES JON HOWARD BRANDON WAGNER AMOUNT 42.98 243.84 147.20 11.08 1,282,347.89 47 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1018949 11/12/2021 SOUTHERN COMPUTER WAREHOUSE INC 39,624.34 1018950 11/12/2021 RADWELL INTERNATIONAL INC 233.68 1018951 11/12/2021 AT&T CORP 8.18 1018952 11/12/2021 WASTE MANAGEMENT INC OF FLORIDA 1,084.89 1018953 11/12/2021 OFFICE DEPOT INC 2,421.37 1018954 11/16/2021 AT&T CORP 280.85 1018955 11/16/2021 OFFICE DEPOT INC 676.58 1018956 11/16/2021 COMCAST 60.00 1018957 11/16/2021 WASTE MANAGEMENT INC OF FLORIDA 68.73 1018958 11/17/2021 INDIAN RIVER BATTERY 245.00 1018959 11/17/2021 GALLS LLC 170.43 1018960 11/17/2021 STRYKER SALES CORP 866.88 1018961 11/17/2021 NEXAIR LLC 48.18 1018962 11/18/2021 PARKS RENTAL & SALES INC 146.00 1018963 11/18/2021 INDIAN RIVER BATTERY 1,673.75 1018964 11/18/2021 INDIAN RIVER OXYGEN INC 109.75 1018965 11/18/2021 RING POWER CORPORATION 936.92 1018966 11/18/2021 MIKES GARAGE & WRECKER SERVICE INC 215.00 1018967 11/18/2021 APPLE INDUSTRIAL SUPPLY CO 378.55 1018968 11/18/2021 SMITH BROTHERS CONTRACTING EQUIP 114.46 1018969 11/18/2021 MEEKS PLUMBING INC 2,200.00 1018970 11/18/2021 IRRIGATION CONSULTANTS UNLIMITED INC 111.41 1018971 11/18/2021 GROVE WELDERS INC 2,199.27 1018972 11/18/2021 APPLE MACHINE & SUPPLY CO 1,229.76 1018973 11/18/2021 TOTAL TRUCK PARTS INC 755.13 1018974 11/18/2021 RECHTIEN INTERNATIONAL TRUCKS 6,902.35 1018975 11/18/2021 SIMS CRANE & EQUIPMENT CO 1,877.85 1018976 11/18/2021 AUTO PARTNERS LLC 791.79 1018977 11/18/2021 L&L DISTRIBUTORS 522.02 1018978 11/18/2021 HYDRA SERVICE (S) INC 41,685.00 1018979 11/18/2021 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1018980 11/18/2021 NEXAIR LLC 67.34 1018981 11/18/2021 EFE INC 7,497.52 1018982 _ 11/18/2021 PACE ANALYTICAL SERVICES LLC 216.00 1018983 11/18/2021 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 492.04 1018984 11/18/2021 COMCAST 60.00 1018985 11/18/2021 WASTE MANAGEMENT INC OF FLORIDA 2,445.30 Grand Total: 118,501.32 W ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9083 11/12/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 12,322.16 9084 11/12/2021 IRC FIRE FIGHTERS ASSOC 10,350.96 9085 11/12/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 72,007.19 9086 11/12/2021 FLORIDA DEPARTMENT OF REVENUE 3,055.51 9087 11/12/2021 FLORIDA DEPARTMENT OF REVENUE 1,005.40 9088 11/12/2021 FLORIDA DEPARTMENT OF REVENUE 19,225.36 9089 11/12/2021 FLORIDA DEPARTMENT OF REVENUE 2,848.39 9090 11/12/2021 FL SDU 3,967.85 9091 11/15/2021 INDIAN RIVER COUNTY PROPERTY APPRAISER 8,812.00 9092 11/15/2021 VEROTOWN LLC 5,758.00 9093 11/15/2021 VETERANS COUNCIL OF I R C 21,667.25 9094 11/15/2021 SENIOR RESOURCE ASSOCIATION 98,463.45 9095 11/15/2021 IRC CHAMBER OF COMMERCE 527.35 9096 11/15/2021 IRC CHAMBER OF COMMERCE 1,310.00 9097 11/15/2021 IRS -PAYROLL TAXES 513,709.67 9098 11/16/2021 IRC CHAMBER OF COMMERCE 35,160.45 9099 11/16/2021 IRC CHAMBER OF COMMERCE 48,166.76 9100 11/17/2021 INDIAN RIVER COUNTY SHERIFF 7,494.22 9101 11/17/2021 HUMANE SOCIETY 39,000.00 9102 11/17/2021 SCHOOL DISTRICT OF I R COUNTY 161,430.00 9103 11/17/2021 ATLANTIC COASTAL LAND TITLE CO LLC 375,197.60 9104 11/18/2021 SAVE ON SP LLC 13,052.71 9105 11/18/2021 EDH HOLDINGS LLC 610.52 Grand Total: 1,455,142.80 49 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 25, 2021 COMPT ��. Roy L) 1 �o `I SFR coUI SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 19, 2021 to November 25, 2021 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of November 19, 2021 to November 25, 2021. 50 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 416717 11/23/2021 HENRY SCHEIN INC 1,965.26 416718 11/23/2021 HENRY SCHEIN INC 2,203.17 416719 11/23/2021 AT&T WIRELESS 43.23 416720 11/23/2021 AT&T WIRELESS 152.92 416721 11/23/2021 AT&T WIRELESS 678.47 416722 11/23/2021 AT&T WIRELESS 1,048.57 416723 11/23/2021 REPUBLIC SERVICES INC 514,250.35 416724 11/23/2021 BOUND TREE MEDICAL LLC 1,218.09 416725 11/23/2021 ABCO GARAGE DOOR CO INC 240.00 416726 11/23/2021 CARTER ASSOCIATES INC 1,365.00 416727 11/23/2021 BAKER DISTRIBUTING CO LLC 28.68 416728 11/23/2021 EDITH WILLIAMS 4,800.00 416729 11/23/2021 INDIAN RIVER COUNTY HEALTH DEPT 125.00 416730 11/23/2021 CITY OF VERO BEACH 328.56 416731 11/23/2021 FLORIDA FIRE MARSHALS & INSPECTORS 450.00 416732 11/23/2021 INTERNATIONAL GOLF MAINTENANCE INC 990.00 416733 11/23/2021 FLORIDA POWER AND LIGHT 8,234.33 416734 11/23/2021 SUNSHINE STATE ONE CALL OF FL INC 1,097.29 416735 11/23/2021 GOVERNMENT FINANCE OFFICERS ASSOC 665.00 416736 11/23/2021 CELICO PARTNERSHIP 3,423.14 416737 11/23/2021 SOUTHERN JANITOR SUPPLY INC 182.90 416738 11/23/2021 FLORIDA LEVEL & TRANSIT CO INC 4,867.20 416739 11/23/2021 MASTELLER & MOLER INC 43,765.30 416740 11/23/2021 GLOBALSTAR USA 197.32 416741 11/23/2021 AQUA -AEROBIC SYSTEMS INC 157,207.14 416742 11/23/2021 EQ THE ENVIRONMENTAL QUALITY COMPANY 7,345.00 416743 11/23/2021 SAID S MOOBARK 8,750.00 416744 11/23/2021 MUNICIPAL EMERGENCY SERVICES INC 2,088.85 416745 11/23/2021 MUNICIPAL EMERGENCY SERVICES INC 4,581.20 416746 11/23/2021 FOXWOOD DEVELOPMENT LLC 9,650.00 416747 11/23/2021 UNIFIRST CORPORATION 23.50 416748 11/23/2021 COLE AUTO SUPPLY INC 3,333.45 416749 11/23/2021 BOWMAN CONSULTING GROUP LTD 12,759.75 416750 11/23/2021 STATE OF FLORIDA 19,460.43 416751 11/23/2021 AMAZON CAPITAL SERVICES INC 62.14 416752 11/23/2021 MULLINAX FORD OF VERO BEACH 300.30 416753 11/23/2021 ORCHARD GROVE VENTURE LLC 675.00 416754 11/23/2021 LOWES COMPANIES INC 36.38 416755 11/23/2021 ASBURY JAX FORD 126,279.25 416756 11/23/2021 CHERYL THOMPSON 46.49 416757 11/23/2021 2006 50TH AV LLC 3,900.00 416758 11/23/2021 GOLOSALLC 10,000.00 416759 11/23/2021 RANGER CONSTRUCTION IND INC 1,571.84 416760 11/23/2021 VERO CHEMICAL DISTRIBUTORS INC 169.95 416761 11/23/2021 RICOH USA INC 162.98 416762 11/23/2021 RICOH USA INC 38.03 416763 11/23/2021 SAFETY PRODUCTS INC 472.21 416764 11/23/2021 GRAINGER 785.14 416765 11/23/2021 REPUBLIC SERVICES INC 19,739.51 416766 11/23/2021 TEMPLE INC 30,030.00 416767 11/23/2021 WILD LAND ENTERPRISES INC 10.00 416768 11/23/2021 LFI FORT PIERCE INC 952.29 416769 11/23/2021 CLIFF BERRY INC 570.15 416770 11/23/2021 AVERY DENNISON CORPORATION 1,479.31 416771 11/23/2021 TIRESOLES OF BROWARD INC 6,615.50 416772 11/23/2021 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 800.00 416773 11/23/2021 MIDWEST TAPE LLC 1,047.07 416774 11/23/2021 ODYSSEY MANUFACTURING CO 2,460.15 51 TRANS NBR DATE VENDOR AMOUNT 416775 11/23/2021 NEWSBANK INC 37,037.00 416776 11/23/2021 CENGAGE LEARNING INC 630.44 416777 11/23/2021 PAUL CARONE 6,380.00 416778 11/23/2021 WILLIE C REAGAN 1,880.00 416779 11/23/2021 CITY OF VERO BEACH 3,149.07 416780 11/23/2021 EBSCO INDUSTRIES INC 1,398.19 416781 11/23/2021 TREASURE COAST HOMELESS SERVICES 3,501.21 416782 11/23/2021 BRACKETT FAMILY LIMITED PARTNERSHIP 1,037.00 416783 11/23/2021 CENTRAL A/C & REFRIGERATION SUPPLY INC 21.22 416784 11/23/2021 MUNICIPAL CODE CORPORATION 1,296.05 416785 11/23/2021 FAMOSO INC 761.12 416786 11/23/2021 FLORIDA POWER AND LIGHT 77,678.95 416787 11/23/2021 FLORIDA POWER AND LIGHT 2,882.39 416788 11/23/2021 INDIAN RIVER COUNTY TAX COLLECTOR 142,425.15 416789 11/23/2021 NEW HORIZONS OF THE TREASURE COAST 27,457.50 416790 11/23/2021 COMPLETE ELECTRIC INC 720.00 416791 11/23/2021 NOTARY PUBLIC UNDERWRITERS INC 110.00 416792 11/23/2021 LARRY STALEY 706.00 416793 11/23/2021 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 34.65 416794 11/23/2021 FLORIDA ATLANTIC UNIVERSITY 2,500.00 416795 11/23/2021 DAVID SPARKS 808.00 416796 11/23/2021 FORT PIERCE HOUSING AUTHORITY 725.00 416797 11/23/2021 BRIDGESTONE AMERICAS INC 1,588.76 416798 11/23/2021 MIDWEST MOTOR SUPPLY CO 3,053.76 416799 11/23/2021 THE PALMS AT VERO BEACH 2,355.00 416800 11/23/2021 TRANE US INC 84,539.60 416801 11/23/2021 HULETT ENVIRONMENTAL SERVICES 65.00 416802 11/23/2021 U S BANK NATIONAL ASSOCIATION 944.69 416803 11/23/2021 ARTHUR PRUETT 734.00 416804 11/23/2021 ELECTRONIC ACCESS SPECIALIST 345.73 416805 11/23/2021 SYNAGRO-WWT INC 62,496.17 416806 11/23/2021 FL ASSOC OF COUNTY AGRICULTURAL AGENTS 100.00 416807 11/23/2021 FLORIDA RURAL LEGAL SERVICES INC 1,947.16 416808 11/23/2021 FASTENAL COMPANY 60.84 416809 11/23/2021 SOUTHERN JANITOR SUPPLY INC 909.93 416810 11/23/2021 MICHAEL JAHOLKOWSKI 547.00 416811 11/23/2021 ASSOCIATON OF FLORIDA CONSERVATION DISTRICTS 350.00 416812 11/23/2021 GLOVER OIL COMPANY INC 45,954.07 416813 11/23/2021 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 5,846.95 416814 11/23/2021 ORCHID ISLAND PROPERTY MGMT II INC 3,700.00 416815 11/23/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 692.46 416816 11/23/2021 SUNCOAST REALTY & RENTAL MGMT LLC 658.00 416817 11/23/2021 PAMELA R CUMMINGS 689.00 416818 11/23/2021 JOHNNY B SMITH 150.00 416819 11/23/2021 AQUA -AEROBIC SYSTEMS INC 111,011.06 416820 11/23/2021 INDIAN RIVER RDA LP 260.00 416821 11/23/2021 PETER J CASSARA 5,850.00 416822 11/23/2021 TREASURE COAST FOOD BANK INC 31.68 416823 11/23/2021 OKEECHOBEE PARTNERS LLC 807.00 416824 11/23/2021 PR DIAMOND PRODUCTS INC 535.00 416825 11/23/2021 BRENNTAG MID -SOUTH INC 6,488.38 416826 11/23/2021 TORRES ELECTRICAL SUPPLY COMPANY INC 7,500.00 416827 11/23/2021 FLORIDA ARMATURE WORKS INC 10,206.21 416828 11/23/2021 MISS INC OF THE TREASURE COAST 2,571.00 416829 11/23/2021 STEVE ABERNATHY 930.00 416830 11/23/2021 MOORE MOTORS INC 375.89 416831 11/23/2021 FIVE STAR PROPERTY HOLDING LLC 1,060.00 416832 11/23/2021 ALEX MIKLO 50.00 416833 11/23/2021 BURNETT LIME CO INC 6,637.16 416834 11/23/2021 CHEMTRADE CHEMICALS CORPORTATION 3,277.36 4-1 TRANS NBR DATE VENDOR AMOUNT 416835 11/23/2021 SAMBA HOLDINGS INC 1,758.45 416836 11/23/2021 BANKERS MAINTENANCE AND INSPECTIONS LLC 18,500.00 416837 11/23/2021 FLORIDA DESIGN DRILLING CORP 16,685.00 416838 11/23/2021 TRINOVA-FLORIDA INC 3,144.19 416839 11/23/2021 STS MAINTAIN SERVICES-INC 11,045.03 416840 11/23/2021 VAL APTS LLC 892.00 416841 11/23/2021 MASCHMEYER CONCRETE COMPANY OF FLORIDA 1,002.87 416842 11/23/2021 HAWKINS INC 1,750.00 416843 11/23/2021 AUGUSTUS B FORT JR 1,069.00 416844 11/23/2021 CATHEDRAL CORPORATION 2,521.92 416845 11/23/2021 UNIFIRST CORPORATION 790.93 416846 11/23/2021 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 304.73 416847 11/23/2021 CAPAK LLC 39.00 416848 11/23/2021 H&H SHADOWBROOK LLC 689.00 416849 11/23/2021 CDA SOLUTIONS INC 12,750.27 416850 11/23/2021 GOTTA GO GREEN ENTERPISES INC 63.68 416851 11/23/2021 FLORIDA EAST COAST HOLDINGS CORP 1,800.00 416852 11/23/2021 EASTERN PIPELINE CONSTRUCTION INC 9,850.00 416853 11/23/2021 HELPING HANDS REAL ESTATE & INVESTMENT CO 3,038.00 416854 11/23/2021 ALIX DENEAU 750.00 416855 11/23/2021 COLE AUTO SUPPLY INC 7,315.85 416856 11/23/2021 RHOADES AIR & HEAT 365.00 416857 11/23/2021 KONICA MINOLTA BUSINESS SOLUTIONS 570.58 416858 11/23/2021 NKW PIP HOLDINGS I LLC 1,963.00 416859 11/23/2021 STUART RUBBER STAMP & SIGN CO INC 241.90 416860 11/23/2021 CORE & MAIN LP 3,513.78 416861 11/23/2021 KARL POKRANDT 1,072.00 416862 11/23/2021 BRANDON ROUER 820.00 416863 11/23/2021 TYCO FIRE & SECURITY MANAGEMENT INC 1,311.20 416864 11/23/2021 HUDSON CONSULTING & MANAGEMENT LLC 538.00 416865 11/23/2021 AMAZON CAPITAL SERVICES INC 1,814.52 416866 11/23/2021 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 5,400.00 416867 11/23/2021 AMERIGAS PROPANE LP 4,348.52 416868 11/23/2021 JOHN J DRISCOLL 175.00 416869 11/23/2021 DAVID MIKE 100.00 416870 11/23/2021 JORDAN POWER EQUIPMENT CORP 269.85 416871 11/23/2021 JUDITH A BURLEY 103.50 416872 11/23/2021 SHARON P BRENNAN 661.00 416873 11/23/2021 DESK SPINCO INC 489.52 416874 11/23/2021 IXORIA LLC 711.00 416875 11/23/2021 TREASURE COAST PERCUSSION 150.00 416876 11/23/2021 SHAUNA WALGRAVE 950.00 416877 11/23/2021 A PLUS PROPERTY MANAGEMENT INC 6,961.00 416878 11/23/2021 ORCHARD GROVE VENTURE LLC 675.00 416879 11/23/2021 STAPLES INC 395.68 416880 11/23/2021 LOWES COMPANIES INC 1,500.10 416881 11/23/2021 SMI TRADING LLC 19.44 416882 11/23/2021 GEORGIA KING LLC 757.00 416883 11/23/2021 BREGO PROPERTIES LLC 3,754.00 416884 11/23/2021 CHRIS ZAVESKY 125.00 416885 11/23/2021 DEX IMAGING LLC 300.00 416886 11/23/2021 SPORTS ENGINE INC 18.50 416887 11/23/2021 ROBERT A HUDSON 150.00 416888 11/23/2021 SREIT LEXINGTON CLUB LLC 4,237.00 416889 11/23/2021 REBECCA SIPLAK 8.00 416890 11/23/2021 THEODORE SEMI 100.00 416891 11/23/2021 VERO BEACH LEASED HOUSING ASSOC III LLLP 347.00 416892 11/23/2021 PALFINGER US HOLDING INC 959.99 416893 11/23/2021 MARLBROS HOLDINGS LLC 1,036.00 416894 11/23/2021 JARROD CANNON 1,177.00 53 TRANS NBR DATE VENDOR AMOUNT 416895 11/23/2021 AQUATIC WEED CONTROL INC 145.00 416896 11/23/2021 CARLON INC 1 793.48 416897 11/23/2021 VERO BEACH PLACE LLC 829.00 416898 11/23/2021 LAWRENCE F WALLIN 50.00 416899 11/23/2021 SILVER ORANGE LLC 730.00 416900 11/23/2021 HIREQUEST LLC 6,407.04 416901 11/23/2021 SEUNG KIM 708.00 416902 11/23/2021 MICHAEL MILLER 1,459.00 416903 11/23/2021 JBM PROPERTY MANAGEMENT LLC 5,413.00 416904 11/23/2021 RS REALTY ADVISORS LLC 2,888.00 416905 11/23/2021 STEVEN GIORDANO 1,300.00 416906 11/23/2021 ANTHONY J HERNANDEZ 20.00 416907 11/23/2021 GOMEZ BROTHERS CONTRACT SERVICES 1,057.50 416908 11/23/2021 WILLIAM J LAHEY 1,609.00 416909 11/23/2021 SONIA SUSAN SOSA 661.00 416910 11/23/2021 ULTIMATE PROPERTIES & LOGISTICS LLC 856.00 416911 11/23/2021 SHRIEVE CHEMICAL CO LLC 5,678.98 416912 11/23/2021 BTAC HOLDING CORP 5,254.45 416913 11/23/2021 ROBERT P JONES 4,850.00 416914 11/23/2021 WORKERS COMPENSATION INSTITUTE 410.00 416915 11/23/2021 WILLIAM CROSBY. 140.62 416916 11/23/2021 STEVEN QUINLIVAN 108.58 416917 11/23/2021 SUE FLAK 27.65 416918 11/23/2021 DERIC MEAD 161.00 416919 11/24/2021 UNITED WAY OF INDIAN RIVER COUNTY 617.00 416920 11/24/2021 ADMIN FOR CHILD SUPPORT ENFORCEMENT 70.02 416921 11/24/2021 NORTH CAROLINA CHILD SUPPORT 105.69 416922 11/24/2021 COMMONWEALTH OF MASSACHUSETTS 154.00 416923 11/24/2021 P&A ADMINISTRATIVE SERVICES INC 453.00 Grand Total: 1,900,986.60 54 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1018986 11/23/2021 INDIAN RIVER BATTERY 494.30 1018987 11/23/2021 INDIAN RIVER OXYGEN INC 96.25 1018988 11/23/2021 DEMCOINC 62.27 1018989 11/23/2021 MIKES GARAGE & WRECKER SERVICE INC 65.00 1018990 11/23/2021 FIRST HOSPITAL LABORATORIES INC 286.00 1018991 11/23/2021 GREEN EQUIPMENT COMPANY 2,253.00 1018992 11/23/2021 STAT MEDICAL DISPOSAL INC 350.00 1018993 11/23/2021 HYDRA SERVICE (S) INC 51,664.00 1018994 11/23/2021 EFE INC 218.34 1018995 11/23/2021 PACE ANALYTICAL SERVICES LLC 216.00 1018996 11/23/2021 AT&T CORP 24.20 1018997 11/23/2021 AT&T CORP 2,241.82 1018998 11/23/2021 AT&T CORP 198.00 1018999 11/23/2021 AT&T CORP 2,113.93 1019000 11/23/2021 AT&T CORP 31.90 1019001 11/23/2021 AT&T CORP 66.84 1019002 11/23/2021 AT&T CORP 5,445.89 1019003 11/23/2021 OFFICE DEPOT INC 1,997.27 1019004 11/23/2021 COMCAST 60.00 1019005 11/23/2021 WASTE MANAGEMENT INC OF FLORIDA 505.94 1019006 11/24/2021 COMCAST 274.90 1019007 11/24/2021 INDIAN RIVER BATTERY 161.45 1019008 11/24/2021 APPLE MACHINE & SUPPLY CO 1,678.22 1019009 11/24/2021 L&L DISTRIBUTORS 1,345.95 1019010 11/24/2021 RADWELL INTERNATIONAL INC 1,490.58 Grand Total: 73,342.05 55 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9106 11/19/2021 WRIGHT EXPRESS FSC 25,716.61 9107 11/22/2021 KIMLEY HORN & ASSOC INC 18,188.50 9108 11/22/2021 INDIAN RIVER COUNTY SHERIFF 815,155.00 9109 11/22/2021 INDIAN RIVER COUNTY SHERIFF 660,287.00 9110 11/23/2021 VETERANS COUNCIL OF I R C 5,815.01 9111 11/23/2021 ATLANTIC COASTAL LAND TITLE CO LLC 50,998.52 9112 11/23/2021 ATLAS ORGANICS INDIAN RIVER LLC 118,347.71 9113 11/24/2021 KIIVILEY HORN & ASSOC INC 12,128.40 9114 11/24/2021 IRC FIRE FIGHTERS ASSOC 10,270.72 9115 11/24/2021 TEAMSTERS LOCAL UNION #769 5,470.50 9116 11/24/2021 FL SDU 3,967.85 9117 11/24/2021 INDIAN RIVER COUNTY SHERIFF 9,900.00 9118 11/24/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 75,807.27 9119 11/24/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 11,151.58 9120 11/24/2021 RX BENEFITS INC 278,881.35 9121 11/24/2021 EDH HOLDINGS LLC 385.14 9122 11/24/2021 EDH HOLDINGS LLC 5,307.25 Grand Total: 2,107,778.41 56 Ir Consent Agenda December 7, 2021 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board .of. County Commissioners DATE: December 7, 2021 SUBJECT: FY 2020-2021. Records Management Compliance Statements FROM: Kimberly K. Moirano, Records Management Liaison Officer . Description Florida Public Agencies are required to maintain specific information documenting the disposition of public records. According to Rule 1B-24.003(11), Florida Administrative Code, each agency is required to submit an annual statement to the Division of Library and Information Services, Florida Department of State, which includes a signed Records Management Compliance Statement attesting to the agency's compliance with Florida public records disposition laws, rules and procedures. Attached are the annual Records Management Compliance Statements for Fiscal Year 2020-2021 for the Indian River County Board of County Commissioners, Solid Waste Disposal District Indian River County and Indian River County Emergency Services District. Recommendation: It is recommended that the Chairman be authorized to sign the Records Management Compliance Statements for Fiscal Year 2020-2021. Attachments: Letters dated November 1, 2021 from the Florida Department of State and Record. Disposition Compliance Statements for the Indian River County Board of ,County Commissioners Office, Solid Waste Disposal District Indian River County and Indian River County Emergency Services District. 57 RECEIVED NOV 0 9 2021 saAM or couNrf CONSUSS10N FLORIDA DEPARTMENT O=STATE l RON DESANTIS LAUREL M. LEE Governor Secretary of State November 1, 2021 Ms. Kimberly Moirano Indian River County Board of County Commissioners 1801 - 27th Street Building A Vero Beach, FL 32960-3365 Dear Ms. Moirano: As a Florida public agency, you are required by Rule 1B-24.003(11), Florida Administrative Code, to submit annually to the Division of Library and Information Services `°a signed statement attesting to the agency's compliance with records disposition laws, rules, and procedures." Based on annual statements submitted for fiscal year 2020, we were pleased to report to the Legislature and the Executive Office of the Governor a total of 643,475 cubic feet of records disposed, resulting in a cost avoidance of $60.8 million for the state of Florida. For your convenience, enclosed is your agency's Records Management Compliance Statement for fiscal year ending 2021. Please report your agency's compliance status in Section L, the Compliance Certification. In Sections II and III, make any necessary additions or corrections to your agency and RTMLO information. Please return one signed copy of the Compliance Statement form to the mailing address or email address indicated at the bottom of the form by December 31, 2421. We appreciate your prompt attention to this matter. If we can be of service to your agency, please do not hesitate to contact us at 850.245.6750 or recmgtCmdos.myflorida.com. Sincerely, Beth Golding, Chief Bureau of Archives and Records Management BG/btl Enclosure Division of Library and Information Services R.A. Gray Building • 500 South Bronough Street- Tallahassee, Florida 32399 58 a 850.245.6600 • 850.245.6735 (Fax) 9 info.florida.gov RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2020 - 2021 Agency ID: C0620500 'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and efficient management of records.' 'Rule 1 B-24.003(9), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S., Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied: For each record series being disposed of, agencies shall identify and document the following: 1. Records retention schedule number, 2. Item number, 3- Record series title: 4, Inclusive dates of the records: 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form; and 6, Disposition action (manner of disposition) and date.' Please complete and return this compliance statement by December 31. 2021 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E Q$ recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 59 I. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1B-24.003(9), Florida Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic, oincluding email, microfilm; audio; video; etc.). ® Yes ❑ No (Unmarked responses will be recorded as not in compliance.) v 2. This agency disposed of 221.68 9 Y p cubic feet of records during the fiscal year indicated above. 3. This agency disposed of records in electronic form during the fiscal year indicated above. wU (El Yes ❑ No (It is not necessary to indicate volume of electronic records disposed.) v4. ❑ Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on U) C the reverse side of this form. ev p, Agency Head Signature: Date: OName of Agency Head (please print): Peter D. O'Bryan U Title of Agency Head (please print): Chairman OPlease indicate changes to Agency Information on the lines provided on the right. Current Information: _ E Please do not erase or cover information below. Indicate changes or additions on the lines below. C 0.2 Agency Name: Indian River County Board of County Commissioners C Agency Head: Mr, Joseph E. Flescher Peter D, O' Bryan, Chairman d N 0 Address: 1801 27th Street d Building A Q Vero Beach, Florida 32960-3365 Section 257.36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, = please designate an RMLO for your agency on thelines provided on the right. O Current Information: _ tp Please do not erase or cover information below. Indicate changes or additions on the lines below. G w RMLO: Ms. Kimberly Moirano V Address: 1801 - 27th Street O Building A J Vero Beach, FL 32960-3365 Phone: (772) 226-1442 Ext.: Email: kmoirano@ircgov.com 'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and efficient management of records.' 'Rule 1 B-24.003(9), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S., Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied: For each record series being disposed of, agencies shall identify and document the following: 1. Records retention schedule number, 2. Item number, 3- Record series title: 4, Inclusive dates of the records: 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form; and 6, Disposition action (manner of disposition) and date.' Please complete and return this compliance statement by December 31. 2021 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E Q$ recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 59 RON DESANTIS Governor November 1, 2021 Ms. Kimberly K. Moirano Solid Waste Disposal District 1801 - 27th Street Building A Vero Beach. FL 32960-3388 Dear Ms. Moirano: Indian River County LAUREL M. LEE Secretary of State As a Florida public agency, you are required by Rule IB -24.003(11), Florida Adrninistrative Code, to submit annually to the Division of Library and Information Services "a signed statement attesting to the agency's compliance with records disposition laws, rules, and procedures." Based on annual statements submitted for fiscal year 2020, we were pleased to report to the Legislature and the Executive Office of the Governor a total of 643,475 cubic feet of records disposed, resulting in a cost avoidance of $60.8 million for the state of Florida. For your convenience, enclosed is your agency's Records Management Compliance Statement for fiscal year ending 2021. Please report your agency's compliance status in Section I, the Compliance Certification. In Sections II and III, make any necessary additions or corrections to your agency and RMLO information. Please return one signed copy of the Compliance Statement form to the mailing address or email address indicated at the bottom of the form by December 31, 2021. We appreciate your prompt attention to this matter. If we can be of service to your agency, please do not hesitate to contact us at 850.245.6750 or, recm�t€c?t dos.mvflorida.com. Sincerely, Beth Golding, Chief Bureau of Archives and Records Management B G/btl Enclosure Division of Library and Information Services R.A. Gray Building • 500.South Bronough Street* Tallahassee, Florida 32399 C0444-1 �. 850.245.6600 • 850.245.6735 (Fax) • info.florida.gov RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2020 - 2021 Agency ID: N0000527 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law It is the duty of each agency to (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records." 'Rule 18-24.003(9), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S., Photographic. or electroniccooies. .. Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1. Records retention schedule number; 2. Item number; 3. Record series title; 4. Inclusive dates of the records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form: and 6 Disposition action (manner of disposition) and date.' Please complete and return this compliance statement by December 31, 2021 (submit one copy only, please) to: Department of State Records Management.Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 61 1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1B-24.003(9), Florida Administrative Code,z for all public records regardless of medium or format (e.g., paper-, electronic, Cincluding email; microfilm; audio; video; etc.). t6 ® Yes ❑ No (Unmarked responses will be recorded as not in compliance.) t 2. This agency disposed of 0 cubic feet of records during the fiscal year indicated above. d3. This agency disposed of records in electronic form during the fiscal year indicated above. U ® Yes ❑ No (It is not necessary to indicate volume of electronic records disposed.) 4. ❑ Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on to = the reverse side of this form. Q Agency Head Signature:. Date: OName of Agency Head (please print): Peter D. O' Bryan V Title of Agency Head (please print): Chairman C Please indicate changes to Agency Information on the lines provided on the right. O +_ Current Information: E Please do not erase or cover information below. Indicate changes or additions on the lines below. C C 0,0 Agency Name: Solid Waste Disposal District Indian River County v = Agency Head: Mr. Jospeh E. Flescher Peter D. O' Bryan, Chairman Q N Address: 1801 27th Street dy Building A Q Vero Beach, Florida 32960-3365 Section 257.36(5)(a), Florida Statutesi' requires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, C please designate an RMLO for your agency on the lines provided on the right. O 'w Current Information: Ri L- Please do not erase or cover information below. Indicate changes or additions on the lines below. _ O ,O RMLO: Ms, Kimberly K. Moirano Up O . Address: 1801 - 27th Street 0)0 N Building A J Vero Beach, FL 32960-3388 Phone: (772) 226-1442 Ext.: Email: kmoirano@ircgov.com 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law It is the duty of each agency to (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records." 'Rule 18-24.003(9), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S., Photographic. or electroniccooies. .. Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1. Records retention schedule number; 2. Item number; 3. Record series title; 4. Inclusive dates of the records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form: and 6 Disposition action (manner of disposition) and date.' Please complete and return this compliance statement by December 31, 2021 (submit one copy only, please) to: Department of State Records Management.Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 61 FLORIDA DEPARTMENT STATE .RON DESANTIS :Governor November 1, 2021 Ms. Kimberly K. Moirano Indian River County Emergency Services District 1801 - 27th Street Building A Vero Beach, FL 32960-3388 Dear Ms. Moirano: LAUREL M. LEE Secretary of State As a Florida public agency, you are required by Rule 1 B-24.003(11), Florida Administrative Code, to submit annually to the Division of Library and Information Services "a signed statement attesting to the agency's compliance with records disposition laws, rules, and procedures." Based on annual statements submitted for fiscal year 2020, we were pleased to report to the Legislature and the Executive Office of the Governor a total of 643,475 cubic feet of records disposed; resulting in a cost avoidance of $60.8 million for the state of Florida. For your convenience, enclosed is your agency's Records Management Compliance Statement for fiscal year ending 2021. Please report your agency's compliance status in Section I, the Compliance Certification. In Sections II and III, make any necessary additions or corrections to your agency and .RMLO'information.. Please return one signed copy of the Compliance Statement form to the mailing address or email address indicated at the bottom of the form by December 31, 2021. We appreciate your prompt attention to this matter. If we can be of service to your agency, please do not hesitate to contact us at 850.245.6750 or recmgt(a; dos.mvflorida.com. Sincerely, Beth Golding, Chief Bureau of Archives and Records Management BG/btI Enclosure Division of Library and Information Services a R.A. Gray Building • 500 South Bronough. Street* Tallahassee, Florida 32399 C2 850.245.6600 • 850.245.6735 (Fax) • info.florida.gov RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2020 - 2021 Agency ID: N0000164 'Section 257.36(5), Florida. Statutes: "For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separateunit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records." 'Rule 16-24.003(9), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F. S; Photographic or electronic copies ... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed.of, agencies shall identify and document the following: 1_ Records retention schedule number; 2. Item number; 3 Record series title: 4. Inclusive dates of the records; 5. Volume in cubic feet for paper records, for electronic records, record the number of bytes and/or records and/or files if known; or indicate that the disposed records were in electronic form: and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 31, 2021 (submit one copy onlV, please) to: Department of State Records Management Program, Mail Station.9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 63 1. This agency is incompliance with Section 257.36(5), Florida Statutes,' and Rule 1B-24.003(9), Florida Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronics C including email; microfilm; audio; video; etc.). O C Yes. ❑ No (Unmarked responses will be recorded as not in compliance.) w2. This agency disposed of 0 cubic feet of records during the fiscal year indicated above. _3. This agency disposed of records in electronic form during the fiscal year indicated above. d 0. Yes ❑ No (It is not necessary to indicate volume of electronic records disposed.) v4. ❑ Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on !A the reverse side of this form. p- Agency Head Signature: Date: VName of Agency Head (please print): Peter D. O' Bryan Title of Agency Head (please print)- Chairman = Please indicate changes to Agency Information on the lines provided on the right. O +r Current Information: = E Please do not erase or cover information below Indicate changes or additions on the lines below. C L_ O Agency Name: Indian River County Emergency Services District W j Agency Head: Mr. Joseph E. Flescher. Peter D. O'Bryan, Chairman O A N v Address: 1801 27th Street Q1 Building A >T Q Vero Beach, Florida 32960-3388 Section 257.36(5)(a), Florida Statutes;' requires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, r please designate an RMLO for your agency on the lines provided on the right. O Current Information: r _ t0 I- Please do not erase or cover information below. Indicate changes or additions on -the lines below. _ .0 ,2 RMLO: Ms. Kimberty K. Moirano r.+ = V Address: 1801 - 27th Street to O Building A, J Vero Beach, FL 32960-3388 cc Phone: (772) 226-1442 Ext.: Email: kmoirano@ircgov.com 'Section 257.36(5), Florida. Statutes: "For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separateunit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records." 'Rule 16-24.003(9), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F. S; Photographic or electronic copies ... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed.of, agencies shall identify and document the following: 1_ Records retention schedule number; 2. Item number; 3 Record series title: 4. Inclusive dates of the records; 5. Volume in cubic feet for paper records, for electronic records, record the number of bytes and/or records and/or files if known; or indicate that the disposed records were in electronic form: and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 31, 2021 (submit one copy onlV, please) to: Department of State Records Management Program, Mail Station.9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 63 CONSENTAGENDA BCC Meeting 1217121 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation — Conservation Lands Date: November 23, 2021 To: The Honorable Board of County Commissioners Through: Michael Zito, Asst. County Administrator Kevin Kirwin, Director Parks & Recreation From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Oyster Bar Marsh Conservation Area Public Use Improvements — Amendment Number 1 to Work Order Number 5 Continued Construction Administration Services — Coastal Waterways Design & Engineering, LLC DESRIPTIONS AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements (RFQ 2018008) with subsequent Renewal and Amendment on May 18, 2021. Coastal Waterways Design & Engineering, LLC (Coastal Waterways) is the design engineer of record for the Oyster Bar Marsh Conservation Area Public Use Improvements which was paid for under an agreement with the Indian. River Land Trust. The Board approved Work Order Number 5 with Coastal Waterways on August 18, 2020, for construction administration associated with the construction of the parking area and other amenities. This original work order in the amount of $5,700.00 was scheduled to be utilized based on normal construction timelines and corrections needed by the contractor. Due to construction issues, the project was delayed and additional construction oversight has been required. These issues have since been resolved and the contractor has resumed construction at the site. This Amendment Number 1 provides construction services for the additional time required to complete the project. Coastal Waterways, in close coordination with County staff, will serve as the primary point of contact with the general contractor on behalf of the County. This amendment provides a scope of work for the period expected to complete the work by the contractor at an amount of $7,318.50, which includes time incurred by the engineer to resolve contractor related issues outside of the original scope of work. The total Work Order with the Amendment Number 1 will be $13,018.50. FUNDING Funding for this Amendment Number 1 to Work Order Number 5 will be funded through Optional Sales Tax as identified in the Capital Improvement Element of the Comprehensive Plan adopted on December 1, 2020. 64 Item: Descri titin: Account Number: Amount: Coastal Waterways.'- . Oyster Bar Marsh Public Use 31521072-066390-18009 $7,318.50 Amendment Number 1, Work Improvements Order Number 5 STAFF RECOMMENDATION Staff recommends the Board accepts Amendment 1 to Work Order Number 5 with Coastal Waterways authorizing the professional services as outlined in the Scope of Services and requests the Board to authorize the Chairman to execute the Work Order on their behalf for a lump sum amount of $13,018.50 upon approval by the County Attorney as to form and legal sufficiency. ATTACHMENTS Amendment Number 1, Work Order Number 5 — Coastal Waterways Exhibit A (Scope of Work) Exhibit B (Fee Schedule) DISTRIBUTION: Coastal Waterways Design & Engineering, LLC 65 AMENDMENT NUMBER 1 TO WORK ORDER NUMBER 5 Indian River County Conservation / Public Access for Oyster Bar Marsh Driveway/Parking Improvements Construction Administration This Amendment 1 to Work Order Number 5 is entered into as of this 7th day of December 2021, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018, with Renewal and Amendment No. 1, dated May 18, 2021, (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Coastal Waterways Design & Engineering LLC ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: Coastal Waterways Design & Engineering LLC By: Title: By: Date: Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan, Chairman Dylan T. Reingold, County Attorney 66 Coastal Waterways is providing construction administration services on the Oyster Bar Marsh Driveway/Parking project authorized by PO# -00086284 under our Indian River County Agreement for Continuing Engineering Services dated April 17, 2018, with Renewal and Amendment No 1. dated May 18, 2021. This Amendment No.1 to our agreement includes compensation for Coastal Waterway's fee for additional services due to the (a) consulting services required for resolution of the Contractor's over -excavation issue and (b) additional services beyond the original scope agreement. The total amount of this additional fee is $7,318.50 ($4,750.50 + $2,568.00). a) Consulting services required for resolution of the Contractor's over -excavation issue ($4,750.50): Coastal Waterways has performed consulting services at the request of County staff to identify and assist in providing resolution to the Contractor unauthorized over -excavation at the site. Coastal Waterways assessed the conditions at the site; reviewed the Contract Documents including the plans, specifications, permits and other related documentation; notified the Contractor of the unauthorized work; responded to Contractor correspondence and resolution proposals; met with the County staff and with the Contractor via zoom meeting and on-site meetings. Ultimately the issue of over -excavation was brought to an amenable resolution by County staff and construction of the project has resumed. The project construction is nearly complete, although work by the Contractor has extended beyond the original construction completion date. The work by the Contractor is not expected to result in an increase to the cost of the project. Coastal Waterways is seeking compensation for the additional time expended for consulting services beyond the scope of our original agreement. Per our agreement we have documented the Coastal Waterways staff hours and seek compensation of time expended per the schedule presented on the worksheet below: Dog Staff Category _ Fee Hourly Rate Hours Description ............. $ 4,75050 255 Z/17f2021 Principal Engineer $ 195:00 $ 195 /hour _....................._............................................................................................................ 1 telecom with county staff including follow-up. 2/Y8J202Y .............................................. -............................. Principal Engineer ..------ $ 975.00 .......................... $ 195 /hour ........................... - 5 ................... letter response to CO request from XGD including research. ----- ---.........................•••...---••---•---------.......................................------- 2f29J2Y - Principal ncipal Engineer $ 390.00 ------•-------._.........._ $ 195 /hour .................................---.......................................-----•------...................................................................---- 2 - review XGD response letter and contact county. 3/8/202Y _.. _ Principal Engineer ...............•-•--------------..................................------............-- $ 390.00 $ 195 /hour 2 meet with Beth regarding county action. ---..................---•--............---•----------.._..........................-----------------... 3/10/202Y --- - Principal Engineer Principal------------------..................................... $ 390.00 $ 195 /hour 2 ------........................................-------.........------...-.................-••--------------......... prep and participate in zoom call. 3/10J2021 -------------------• Admin ......................................- -• - --p- $ 130.00 •-...'0.0' . $ 65 /hour ----19. 2 -..............................t'io................ - - prep and participate in zoom call. Principal Engineer a'l S -1 5.............- $ 195 Jhour 1 ••--s"y" n-•--...................-••• ...... - -t.y.`s....--........... compaction/material synopsis requested for county staff. 3/Y2/202F Principal Engineer .............................................................................................--------. *.... $ 195.00 $ 195 /hour 1 _.....................------.......---------..................----•---......................--•-----............ create custom shop drawing submittal schedule 3/29/2021Principal ..-----........ Engineer ................................ $ 97:50 $ 195 /hour 0.5 review Beth Powell email draft 3/30..2021 ....... --.................. Principal Engineer ........................-- $ 5 85 .00 ----....... - $_--.195 /hour ------..............................•----............................-------.................................................. -- 3 -- prepare and submit Engineer letter response 4/24/2021 ................................... Principal Engineer $ 390.00 $ 195 /hour 2 review remediation plan 4/25l202Y'Principal ..... - - Engineer - ---- ............... $ 390.00 _....... $ 195 ..hour -..........­..'.'.'.*...­.­.........................r"" - - 2 - - ............ ............................:. - -......_................................ ------ review remediation plan 5/26..202Y - - Principal Engineer -..--------------------------........................................ $ 107.00 $ 214 Jhour .............. ...................... 0.5 review Beth Powell email and provide comments ................................................------.............................................------......-- 6l25l2022 --- ...................•- Principal Engineer $ 214.00 $ 214 /hour 1 remediation plan meeting with County PW Director 6..26!2021 -•------------------.............----................................_...............- Principal Engineer $ 107.00 $ 214 /hour --........-------........................-------------..........................................-----------........ 0.5 response to PW Director request for comment 67 b) Additional services beyond the original agreement ($2,568): Coastal Waterways has performed agreed upon construction administration services, however contractor's construction operations have extended beyond our contract period for providing construction administration services. The Contractor has not yet completed the construction work under their agreement. During this time two payment applications from the Contractor, and 6 site visits were anticipated. This work was completed as agreed. The Contractors construction operations started in January 2021 and completion is expected in Mid -November 2021 (43 weeks). Coastal Waterways is seeking additional compensation for the additional services beyond the original scope agreement. Coastal Waterways is seeking compensation for the services provided during the additional 18 weeks of construction administration services, including: 1. Four additional contractor payment applications. Processing includes correspondence with Contractor as it relates to payment quantities, etc. 2. Four additional site visits for payment application verification. 3. Additional construction progress meetings (based on 4 visits) The time to complete the additional services is shown below: 68 Principal Coast. Senior EnginerringDra4JDagn Clerical Coast Eng Engineerl Technician Technician CAD Admin Total Task Description $214 $133 $93 $88 $70 $70 Fees Total Hours: 12 0 0 0 0 1 0 112 Total Labor Fee and Direct Costss: $2,568 $0 $0 $0 $o $0 $2,568 68 Exhibit B RATES ARE EFFECTIVE MAY 18, 2021 THROUGH APRIL 16, 2023 Subconsultant of Coastal Waterways Oceanside Solutions RATE SCHEDULE $1,950/day TITLE HOURLY RATE Principal Hydrographic Surveyor $210 Project Manager $150 Project (Field) Engineer $130 Field Technician (Hydro Surveyor) $110 Senior Technician $90 Technician (Rodsman) $70 Drafting/Designer - CAD $70 Clerical/Administrative $70 EQUIPMENT RENTAL Scientific/Survey/Dive Vessel (38' Aluminum) $1,950/day Scientific/Survey/Dive Vessel (21' Aluminum) $1,300/day Single Beam Survey w/Vessel $4,100/day Multi Beam Survey w/Vessel $6,000/day Side Scan Sonar w/Vessel $4,900/day Oceanographic Current Meter (ADCP) $850/day Oceanographic Current Meter with wave (ADCP) $1,100/day Beach Profile Survey Crew $1,650/day Sieve Analysis w/Munsell Color (P.E. Signed and Sealed) $550/sample REIMBURSABLE EXPENSES DIRECT REIMBURSABLE EXPENSES Plotting/Reproduction Cost x 1.1 Copies - Cost Per Sheet $0.20 x 1.1 Mileage -,Cost Per IRS Standard Mileage Rate Mileage Towing Vessel- Cost Per IRS Standard Mileage Rate +$0.17/mi. Other Project Related Expenses Cost x 1.1 69 CONSENTAGENDA BCC Meeting 1217121 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation — Conservation Lands Date: November 23, 2021 To: The Honorable Board of County Commissioners Through: Michael Zito, Asst. County Administrator Kevin Kirwin, Director Parks & Recreation From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Final Pay to Summerlin's Marine Construction, Inc. for Oslo Riverfront Conservation Area DESRIPTIONS AND CONDITIONS On November 5, 2019, the Board of County Commissioners awarded Bid No. 2019037 to Summerlin's Marine Construction, Inc. in the amount of $111,702.00 to reconstruct the Oslo Riverfront Conservation Area Overlook. Change Order No. 1 makes final adjustments to contract bid items resulting in an increase of the total contract amount by $10,800 for a final cost of $122,502.00. This change order is due to increased cost of materials due to supply chain issues and addition of aluminum hand rails required by the Indian River County Building Department. Summerlin's Marine Construction, Inc. has successfully completed the project and has been paid $100,531.80 with 10% of the original contract price ($11,170.20) held in retainage. Summerlin's Marine Construction, Inc. has submitted Contractor's Application for Payment for release of retainage and Change Order No. 1 in the amount of $21,970.20. FUNDING Funding for the final payment and release of retainage in the amount of $21,970.20 is available in the Optional Sales Tax/Parks/Oslo Riverfront Conservation Area account, number 31521072- 066510-18002. Description. Account Number: Amount: Optional Sales Tax/Parks/Oslo Riverfront Conservation Area 31521072-066510-18002 $21,970.20 70 STAFF RECOMMENDATION Staff recommends the Board approve Change Order No. 1 and payment of the Contractor's Application for final payment in the amount of $21,970.20 for final payment and release of retainage. ATTACHMENTS Contractor's Application for Final Payment — Invoice Number 4903-A Change Order No. 1 APPROVED AGENDA ITEM FOR DECEMBER 7. 2021 71 Summerlin's Marine Construction, LLC 200 Naco Road #C Fort Pierce, FL 34946 Phone # 772-464-6090 Fax # 772-464-7470 Summerlinsmarineconstruction@gm; iil.... INDIAN RIVER COUNTY 1800 27TH STREET, BLDG B VERO BEACH, FL 32960 Invoice Date Invoice # 11/23/21 4903 - Item Description Amount RE:.OSLO RIVERFRONT CONSERVATION RIVERFRONT OVERLOOK RFP:2019037 BOARDWALK 100% COMPLETION OF OVERLOOK/ FINAL INSPECTION APPROVED 111,702.00 CHANGE ORDER NO. 1 CHANGE ORDER NO. 1 - INCREASE DUE TO ALUMINUM HANDRAIL 10,800.00 REQUIRED BY COUNTY CODE/ LUMBER INCREASE FULL PAYMENT IS DUE AT THIS TIME. INTEREST AT THE RATE OF 10% WILL BE APPLIED TO ALL UNPAID BALANCES AFTER 30 DAYS. . Subtotal $122,502.00 Sales Tax (6.5%) $0.00 Total $122,502.00 Payments/Credits $100,531.80 Balance Due $21,970.20 72 SECTION 00942 - Change Order Form DATE OF ISSUANCE: 11-23-21 OWNER: Indian River County CONTRACTOR Summerlin's Marine Construction Project: Oslo Riverfront Conservation Area Overlook OWNER's Project No. Con-ORCA OWNER'S Bid No. 20190037 FM No.: You are directed to make the following changes in the Contract Documents: No. 1 EFFECTIVE DATE: 11-23-21 Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Additional time for completion due to weather delays and COVID-19 disruption to materials & labor. Attachments: CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $111,702.00 Net increase of this Change Order: $10,800.00 Contract Price with all approved Change Orders: $122,502.00 ACCEPTED: Summerlin's Marine Construction, LLC CONTRACTOR (Signature) Date: CHANGE IN CONTRACTTIMES Description Time Original Contract Time: (days or dates) Substantial Completion: NA Final Completion: 90 Net increase this Change Order: (days or dates) Substantial Completion: 0 Final Completion: 335 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: NA Final Completion: 425 RECOMMENDED: By: Beth Powell, IRC Parks & Conservation Date: APPROVED: By: OWNER (Signature) Date: 73 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: OSLO RIVERFRONT CONSERVATION AREA OVERLOOK PROJECT NO. CON=ORCA BID NO. 2019037 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease 1 ADJUSTMENT TO COST OF LUMBER $2600 $2600 2 ADD ALUMINUM HANDRAILS 1 $8200 $8200 SUBTOTALS 1 1 $10,800.00 OSLO RIVERFRONT CONSERVATION AREA OVERLOOK TOTAL $10,806.00 74 CONSENT BCC Meeting December 7, 2021 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Date: November 24, 2021 Parks & Recreation / Department of General Services To: Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Dylan Reingold, County Attorney Kevin Kirwin, Director Parks & Recreation From: Beth Powell, Asst. Director Parks. & Conservation Resources Subject:. 2021/22 FIND Waterways Assistance Program Grant Award for the Environmental Learning Center Main Dock DESCRIPTIONS AND CONDITIONS One May 18, 2021, the Board approved a Lease Modification for the Environmental Learning Center (ELC) and adopted Resolution 2021-036 for the purpose of applying for a grant to the Florida Inland Navigation District (FIND) in partnership with the ELC to replace the 29 -year old dock on the ELC campus. In June 2021, County staff submitted a Waterways Assistance Program (WAP) grant application to FIND in partnership with the ELC. The application was accepted by FIND and subsequently approved for funding. The grant award of $100,000 will be matched with an equal cash match provided through private donations raised and in hand by the ELC. Once approved by the Board, the ELC will provide the matching funds to the County within ten (10) days per the Third Modification to Lease. The purpose of the funds will be for a complete replacement of the existing dock in the same footprint. The ELC will provide all engineering design and environmental permits necessary to complete the construction of the dock, and the County will complete the procurement of the dock based on the engineered plans and bid specifications provided by ELC. Indian River County Parks and Recreation staff will serve as the project sponsor and the Indian River County Purchasing Division will serve to bid the construction. FUNDING A budget amendment will be needed to appropriate $100,000 from the donation from the ELC and the additional $100,000 from the FIND grant revenues for a total of $200,000. The dock expenses will be funded out of the Florida Boating Improvement Fund/ELC Main Dock Replacement account, number 13321072-066510-22013. Up to $1,600 in additional funding will be required to hire a consultant to compile the front-end bid documents necessary for bidding, which is already budgeted and available in the Florida Boating Improvements Fund/Other Contractual Services account, number 13321072-033490. Funding Source Account Name Account Number Amount ELC FL Boating Improvement Fund/ELC Main Dock Replacement 13321072-066510-22013 $100,000.00 FIND Grant FL Boating Improvement Fund/ELC Main Dock Replacement 13321072-066510-22013 $100,000.00 IRC FL Boating Improvement Fund/Other Contractual Services 13321072-033490 $1,600.00 1 75 STAFF RECOMMENDATION Staff respectfully recommends that the Board accept the Florida Inland Navigation District Grant (IR -21-71) and authorize the Chairman to execute the Agreement with the Florida Inland Navigation District Project Agreement IR -21-71. ATTACHMENT • Florida Inland Navigation District Project Agreement — IR -21-71 APPROVED AGENDA ITEM FOR DECEMBER 7.2021 2 76 FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. IR -21-71 This PROJECT AGREEMENT ("AGREEMENT") made and entered into this day of , 20 by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and Indian River County, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this AGREEMENT and Rule 6613-2 of the Florida Administrative Code (a current copy of which is attached as Exhibit "B"), the DISTRICT has approved assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Environmental Learning Center Dock Replacement. Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at the DISTRICT's headquarters. Any modifications to the PROJECT'S scope of work shall require written advance notice and iustification from the PROJECT SPONSOR and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this AGREEMENT unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 30, 2023 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board, whose decision shall be final. In no event other than a declared state of emergency that affects the project completion shall the PROJECT be extended beyond September 30, 2024. The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this AGREEMENT beyond September 30, 2023, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. 77 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute ("ASSISTANCE AMOUNT") no more than Fifty percent5� ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized out of pocket costs as shown in Exhibit A, Project Cost Estimate ("PROJECT COSTS") and meeting the requirements of Section 5 below and shall not, in any event, exceed $100.000.00. Any modifications to the PROJECT's Cost Estimate (Exhibit A) shall require written advance notice and justification from the PROJECT SPONSOR and the prior written approval of the DISTRICT. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this AGREEMENT, have provided the DISTRICT with suitable evidence of the availability of such funds using the DISTRICT's Form #95-01 (Exhibit C, Matching Funds Certification) and, upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under this AGREEMENT, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B, Chapter 6613-2, F.A.C.. PROJECT COSTS must be incurred, and work performed within the PROJECT PERIOD, with the exception of pre -AGREEMENT costs, if any, consistent with Section 6 below, which are also eligible for reimbursement by the DISTRICT. If the PROJECT SPONSOR receives additional funding for the PROJECT COSTS from another source that was not identified in the original application and that changes the AGREEMENT MATCHING PERCENTAGE, the PROJECT SPONSOR shall proportionately reimburse the DISTRICT's program funds equal to the MATCHING PERCENTAGE in this AGREEMENT. The PROJECT SPONSOR shall promptly notify the DISTRICT of any project payments it receives from a source other than the DISTRICT. 6. PRE -AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this AGREEMENT unless previously delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT Board during the grant review process. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of this AGREEMENT, reimbursement for a PROJECT approved as Phase I project will be made only upon commencement of construction of the PROJECT for which the Phase I planning, designing, engineering and/or permitting were directed, which may or may not involve further DISTRICT funding. Procedures set forth below with respect to reimbursement by the DISTRICT are subject to this requirement of commencement of construction. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this AGREEMENT. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE AMOUNT less any prior installment payments. The payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4) submission of a photograph of the PROJECT showing the sign required by Section 18, and (5) a Final Project Report as described in Exhibit G, Assistance Project Schedule. As part of the 79 documentation accompanying the request for final reimbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects and surveyors with whom PROJECT SPONSOR has directly contracted (each a "DIRECT PROVIDER") to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 10. DEFAULT AND REMEDIES — In the event of a breach of any of the terms of this AGREEMENT by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. If the PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid. PROJECT SPONSOR shall refund to the DISTRICT the full amount of the ASSISTANCE AMOUNT paid to PROJECT SPONSOR, whereupon this AGREEMENT, and all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15, 17, and 20, PROJECT SPONSOR acknowledges that breach by the PROJECT SPONSOR of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suffer irreparable harm due to delay if, as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such a breach, the DISTRICT were required to demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT SPONSOR breaches one or more of its obligations under Sections 15, 17, or 20, the DISTRICT, in addition to such other remedies which may be available, shall have the right to seek specific performance and injunctive relief, and for purposes of determining whether to grant an equitable remedy any court will assume that the breach would cause the DISTRICT irreparable harm. The provisions of this section shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this AGREEMENT and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. PROJECT SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of this AGREEMENT, to act on behalf of the PROJECT SPONSOR relative to the provisions of this AGREEMENT. 13. STATUS REPORTS - The PROJECT SPONSOR or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F, Assistance Program Project Quarterly Status Report). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G, Assistance Project Schedule, may result in revocation of this AGREEMENT. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state, and local permits and proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons, as well as all other federal, state and local laws, rules, and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. 16. PARKING FACILITIES -Adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 81 17. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of thirty (30) years from the completion of the PROJECT, such dedication to be in the form of a deed, lease, management AGREEMENT or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 18. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the PROJECT entrance of the completed PROJECT, which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this section shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other types of projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT staff's recommendations. 19. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by the PROJECT SPONSOR, and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 20. FEES — Any fees charged for this PROJECT shall be reasonable and the same for the general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated 30 -year life of a development project or the design life of other project types, as applicable. 21. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners, and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. RIGHTS AND DUTIES - The rights and duties arising under this AGREEMENT shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this AGREEMENT nor any interest hereunder without the express prior written consent of the DISTRICT. 24. WAIVERS - Waiver of a breach of any provisions of this AGREEMENT shall not be deemed a waiver of any other breach of the same or different provision. 25. NOTICE - Any notice required to be given pursuant to the terms and provisions of this AGREEMENT shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at: Indian River County Attention: Executive Director, Environmental Learning Center 1801 27th Street Vero Beach, FL 32960 26. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 27. GOVERNING LAW - The validity, interpretation, and performance of this AGREEMENT shall be controlled and construed according to the laws of the State of Florida. 83 28. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this AGREEMENT, other than another governmental entity that agrees to assume, in writing, PROJECT SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT including, but not limited to, any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 29. ENTIRE UNDERSTANDING - This AGREEMENT, including any exhibits made a part hereof, embodies the entire AGREEMENT and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT M. Print name: Date: Print name: WITNESSES: M. Print name: Title: Date: Print name: Executive Director Indian River County RE ATTACHMENT E-5 PROJECT COST ESTIMATE WATERWAY ASSISTANCE PROGRAM FY 2021 (See Rule Section 6613-2.005 & 2.008 for eligibility and fundina ratios) Project Title: Environmental. Learning Center Main Dock Replacement Applicant: Indian River County Project Elements (Please list the MAJOR project elements Total Estimated Applicant's FIND Cost and provide general costs for each one. Cost Cost For Phase I Projects, please list the major (To the nearest $50) (To the nearest $50)' elements and products expected) Demolition of FIND -funded dock 30,000.00 15,000.00 15,000.00 Construction of new Environmental 170,000.00 85,000.00 85,000.00 Education Dock *TOTALS = $ 200,000.00 1$100,000.00 $100,000.00. Form No. 90-25 (New 10/14/92, Revised 04-24-06) 85 EXBIBIT B 2021 CHAPTER 6611-2 WATERWAYS ASSISTANCE PROGRAM 6613-2.001 Purpose 6613-2.002 Forms 66B-2.003 Definitions 66B-2.004 Policy 6613-2.005 Funds Allocation 66B-2.006 Application Process 661372.0061 Emergency Applications 66B-2.008 Project Eligibility 66B-2.009 Project Administration 6613-2.011 Reimbursement 66B-2.012 Accountability 6613-2.013 Acknowledgement 6613-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects 66B-2.015 Small -Scale Derelict Vessel Removal Projects 6613-2.016 Waterways Cleanup Events 6611-2.001 Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976, F.S. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under Section 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Formerly 16T-2.001. 6613-2.002 Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Formerly 16T-2.002. 6613-2.003 Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) `BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) `BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management 86 Districts or their successors. (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MARITIME MANAGEMENT PLAN" means a written plan containing a systematic arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and economic parameters of the planning area. (13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami -Dade Counties. (15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (16) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (19) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (20) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (21) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement, adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition, or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose. (22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (23) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned or operated by a governmental entity, or operated by a third party operator. The building or facility must provide waterway related information, public meeting space, or educational services and be open to members of the public on a continual basis without discrimination. (26) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the District's waterways to serve the infrastructure needs of the District's waterway users. (28) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut -Off Canal and the Hillsboro Canal east of the water control structures,. all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterways. (29) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain 87 balance between quality of life and quality of the environment of waterways. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended5-17-98, 3-21-01, 3-20-03, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11, 3-25-21. 6613-2.004 Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, maritime management plans, and boating safety projects directly related to the waterways. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for waterway related access projects, environmental mitigation projects associated with waterway improvement related activities, and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (d) Eligible projects shall include the acquisition and development of public boat ramps and launching facilities, including those in man-made, navigable waterways contiguous to "waterways" as defined in Rule 66B-2.003, F.A.C. (2) Notification: The District will notify by direct mail, email and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (8) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. (9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule. (10) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule, if such non-compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. Accounting records of the previous five years of the public project's enterprise fund will be submitted as part of any subsequent assistance program application to the District Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History—New 12-17-90, Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended5-18-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-1-09, 2-22-10, 3-7-11, 3-7-12, 1-27-14, 2-17-15. 6613-2.005 Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be. reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (A) through (F) Waterways Assistance Program Application and Evaluation Worksheet (effective date 1/2014), hereby incorporated by reference and available at: http://www.flrules.ore/Gateway/reference.asp?No=Ref-03568, and available from the District office or by download from the District's webpage at: www.aicw.org. (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) percent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, or in counties that are recovering from a state of emergency declared under Chapter 252, F.S. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6), F.A.C., land acquisition projects in accordance with subsection 66B-2.005(7), and Rule 6613-2.008, F.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 6613-2.014, F.A.C., derelict vessel projects consistent with Rule 6613-2.0015, F.A.C., and Waterway Cleanup Projects approved under Rule 6613-2.0016, F.A.C., and projects approved in counties recovering from a state of emergency. Applicant's in-house costs are limited pursuant to paragraph 66B -2.008(1)(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (50%) of the local share of the cost of an inlet management or beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. (3) Pre -agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre -agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre -agreement costs are approved by the Board. Pre -agreement expenses will be approved if they are consistent with the provisions of Rule 66B-2.008, F.A.C., and occur within the fiscal year of the grant application submission (October 1st to September 30th). Pre -agreement expenses, except for projects approved by the Board as multi-year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half (1/2) or less of the approved pre -agreement expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi-year projects. The Board shall consider a waiver of the limitation on pre -agreement expenses for Small -Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 6613-2, F.A.C. (4) Multi -Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi-year basis can be made at any time during the application review process. All approved multi-year projects are limited to a maximum of two (2) additional funding requests. (5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161.161, F.S. Prior to funding any inlet management project, the Board shall make a finding that the project is a benefit to public navigation in the District. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. Prior to funding any beach renourishment project, the Board shall make a finding that the beaches to be nourished have been adversly impacted by navigation inlets, navigation structures, navigation dredging or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S. (6) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (75%) program funds must be within the Intracoastal Right -of -Way (ROW), or provide public navigation channel access to two or more publicly accessible launching, mooring or docking facilities. In addition, the following shall apply: (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project. (b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels. Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent (50%) program funding. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the associated use. (7) Land Acquisition: Land acquisition projects shall qualify for a maximum of fifty (50) percent funding. All pre -agreement expenses for land acquisition must be completed within one-year of the date of application for funding. Except for acquisition of publicly owned spoil disposal site, all funded land acquisition projects must construct the required boating access facility within 7 years of completion of the land acquisition, or the District may require the applicant to refund the program funding. Immediately upon acquiring title to the land, the applicant shall record a declaration of covenants in favor of the District stating that if the required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility in perpetuity after completion of construction, the District shall require the applicant to refund the program funding. 90 (8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History -New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98, 8-26-99, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 4-1-09, 3-7-11, 3-7-12, 4-10-13, 1-27-14, .5- 15-16,3-25-21. 6613-2.006 Application Process. (1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small -Scale Spoil Island Restoration and Enhancement Projects eligible Small -Scale Derelict Vessel Applications and Waterway Cleanup Events, all applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and the Waterway Assistance Program Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) (effective date 1/2014) are hereby incorporated by reference and available from the District office. With the exception of projects eligible under the Small -Scale Spoil Island Restoration and Enhancement program, the Small -Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program Project Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) and shall include a detailed cost estimate submitted on FIND Form No. 90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4- 24-06), hereby incorporated by reference and available from the District office. In addition, all applicants shall submit a complete and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07). (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 90-21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 10-14-92), hereby incorporated by reference and available from the District office. (4) Attorney's Certification: If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the following geographic information: A County location map, a project location map, a project boundary map, and a clear and detailed site development map for land development projects. (6) Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to submitting the application to the District office. It is the applicant's responsibility to make timely arrangements for the local FIND Commissioner's review. In the absence of extenuating circumstances outside of the applicant's control as determined by the Board of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner's initials on Form No. 90-26. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02), and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 66B-2.006, F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 90-26), but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter 66B-2, F.A.C. (7) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic 91 Intracoastal Waterway channel as documented by the District's long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel as documented by the District's long range dredged material management plan, will directly benefit the maintenance or improvement of District property, right-of-way or navigation interests, or have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to Chapter 163 or Section 374.984(6)(a), F.S. District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre -agreement expenses, permitting and property control requirements. (8) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Waterways Assistance Program Application and Evaluation Worksheets No. 91-25 (A) through (F) for Waterways Assistance Program applications. The total points awarded to each application by the Commissioners will be averaged to determine an application's final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. Only Applicants that are eligible under Rule 6613-2.0061, F.A.C., "Disaster Relief Applications," shall complete FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06, 1/2014). (10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Amended 9-2-92, 6-24-93,4-12-95, Formerly 16T- 2.006, Amended 5-25-00, 3-21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11, 1-27-14. 6613-2.0061 Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. Applicants for Disaster Relief shall use the same forms listed in subsection 66B-2.006(2), F.A.C. The District shall consider these applications in accordance with these rules. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 6-24-93, Amended 2-6-97, Formerly 16T-2.0061, Amended 4-24-06, 3-25-21. 66B-2.008 Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, or improvement, of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging, 2. Public navigation aids and markers, 3. Inlet management projects that are a benefit to public navigation in the District, 4. Public shoreline stabilization directly benefiting the District's waterway channels, 5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access, 6. Waterway signs and buoys for safety, regulation or information, 92 7. Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities, 8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities, 9. Derelict Vessel Removal, 10. Waterways related environmental education programs and facilities, 11. Public fishing and viewing piers, 12. Public waterfront parks and boardwalks and associated improvements, 13. Maritime Management Planning, 14. Waterways boating safety programs and equipment, 15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and, 16. Environmental restoration, enhancement or mitigation projects; and, 17. Other waterway related projects. Waterway projects that do not meet specific criteria in subsection 6613-2.005(5) or (6) or subparagraphs 66B-2.008(1)(a)l.-16., F.A.C., but are located on eligible waterways shall be considered for funding under the priority listing of "other waterway related project" and eligible for 25% funding. (b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, irrigation equipment, ball -courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping that does not provide shoreline stabilization or aquatic habitat, 2. Restrooms for non -waterway users, 3. Roadways providing access to non -waterway users, 4. Parking areas for non -waterway users, 5. Utilities for non -waterway related facilities, 6. Lighting for non -waterway related facilities, 7. Project maintenance and maintenance equipment, 8. Picnic shelters and furniture for non -waterway related facilities, 9. Vehicles to transport vessels; and, 10. Operational items such as fuel, oil, etc. 11. Office space that is not incidental and necessary to the operation of the main eligible public building; and, 12. Conceptual project planning, including: public surveys, opinion polls, public meetings, organizational conferences; and, 13. Inlet maintenance. (c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The following project costs will be eligible for program funding or as matching funding if they are performed by an independent contractor: a. Project management, administration and inspection, b. Design, permitting, planning, engineering or surveying costs for completed construction project, c. Restoration of sites disturbed during the construction of an approved project, d. Equipment costs. Before reimbursement is made by the District on any of the costs listed in subparagraph 1., above, a construction contract for the project, approved and executed by the project sponsor and project contractor must be submitted to the District. 2. Marine fire -fighting, Marine law enforcement and other vessels are eligible for a maximum of $60,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant. 3. Waterway related environmental education facility funding will be limited to those project elements directly related to the District's waterways. (d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work shall be submitted along with the Phase I application for Board review. (2) Property Control: The site of a new proposed land-based development project, with the exception of those projects requesting Small -Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 35 years after project completion. Such dedication shall be in the form of a deed, 93 lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co -applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if: (a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940, or (b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or (c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, proprietary authorizations and regulations in the development and operation of the project. Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the third Monday in September. This demonstration will be by submission of the required environmental permit(s) and authorizations, or by submission of a letter from the agency(s) stating that a permit or authorization is not required. Failure to timely submit the required environmental permits and authorizations or letters stating such permits or authorizations are not required shall result in the application not being considered for funding. (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility and shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. (5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not address the basic maritime needs of the community. (a) Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for input in the planning process. (b) The plan shall be utilized as a tool to provide a minimum 5 -year planning analysis and forecast for the maritime needs of the community, and shall include, at minimum, the following: 1. Public boat ramp and ramp parking inventory and analysis. 2. Public mooring and docking facility analysis, including day docks and transient slips. 3. Commercial and working waterfront identification and needs analysis. 4. The identification, location, condition and analysis of existing and potential navigation channels. 5. An inventory and assessment of accessible public shorelines. 6. Public Waterway transportation needs. 7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and restoration opportunities. 8. Economic conditions affecting the boating community and boating facilities. 9. Acknowledgment and coordination with existing data and information, including an emphasis on the Intracoastal Waterway. (c) Projects requested for assistance program funding shall be consistent with the applicant's maritime management plan. The applicant should utilize the plan to assist in prioritizing waterway improvement projects. (6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation credits to the District for that share of the project funded through the District's Assistance Program. All eligible environmental M restoration, enhancement or mitigation projects shall provide public access where possible. (7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History—New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94,4-12-95, 9- 5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-20-03, 3-3-04, 4-15-07, 3-25-08, 4-1-09, 2-22-10, 3-7- 11, 3-7-12, 1-27-14, 2-17-15, 2-21-16, 3-25-21. 6613-2.009 Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement. The project agreement shall be executed and returned by the project sponsor within six (6) months of the approval of the project funding and prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's category, result in a reallocation of more than 35% of the approved funding of the project among project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95-02, "Assistance Program Project Quarterly Status Report," dated 7-30-02, hereby incorporated by reference and available at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary, photo of completed project, final cost, project benefits to the waterway and location address. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with Rule 6613-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion: The project shall be completed within three (3) years of the date of the beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and available from the District office, which certifies that the project was completed in accordance with the project agreement and the 95 final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by Rule 6613-2.013, F.A.C. (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Formerly 16T-2.009, Amended 3-21-01, 7-30-02, 3-7-11, 1-27-14, 3-25-21. 66B-2.011 Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective date 7-30-02) hereby incorporated by reference and available from the District office. (1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of- (a) £(a) The percentage total of project funding that the Board has agreed to fund, or (b) The maximum application funding assistance amount. (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (6) Recovery of Additional Project Funding: If the project sponsor receives additional funding for the project costs from another source that was not identified in the original application and that changes the agreement cost -share percentage, the project sponsor shall proportionately reimburse the District's program funds equal to the cost -share percentage in the approved project agreement. The project sponsor shall promptly notify the District of any project payments it receives from a source other than the District. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Amended 6-24-93, Formerly 16T-2.011, Amended 3-31-99, 7-30-02,3-7-11. 66B-2.012 Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-2.009(4), F.A.C. (3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 6613- 2.009(8), F.A.C., of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by 96 the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-2.012, Amended 7-30-02. 6613-2.013 Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, at the entrance to the project site which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-2.013, Amended 2-22-10. 6613-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District's waterways for recreational, navigational, educational, and environmental purposes. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure - A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02, Call for Proposals - Small -Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10%) matching funds may include in-kind contribution pursuant to paragraph 66B -2.014(4)(b), F.A.C. (3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding: (a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, interlocal agreement, use agreement or other legal form approved by the District. The applicant shall include a map clearly delineating the location of all proposed work included in the application. (4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County, per fiscal year. (b) The Project Sponsor may contribute in-kind construction labor; such in-kind construction labor costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into the Project as Project costs. (c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 7-30-02, Amended 4-24-06,3-7-11,3-25-21. 6613-2.015 Small -Scale Derelict Vessel Removal Projects. Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The 97 applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05-01 (Small -Scale Derelict Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01-06 (Small -Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year. (2) The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels, or have completed the removal of such vessels within the 6 months preceding the application, subject to eligibility under these program rules. (3) The program must be sponsored by an eligible government agency or not-for-profit organization. (4) District funding shall be limited to $50,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre -agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.C. (5) The eligible applicant must provide the remaining matching funds for project completion. In no case shall the District's cost - share contribution exceed 75% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 66B-2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application. (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. (10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (11) The District Board shall make all final decisions concerning the provision of funding for this program. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 4-24-06, Amended 4-15-07, 3-25-08, 3-7-11, 1-27-14, 3-25- 21. 6613-2.016 Waterways Cleanup Events. Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup locations and the general parameters of the event. In addition, the Applicant will submit a detailed budget clearly delineating the expenditure of all District funds, as well as the overall general budget of the event. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections (8) through (10), below. (3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not-for-profit corporation. (4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the provisions of subsections (8) through (10), below. (5) The District shall be recognized in all written, online, audio or video advertising and promotions as a participating sponsor of the clean-up program. (6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags, trash collection, haul and landfill fees, gloves, advertising, T-shirts, and related expenses. The funding provided by the District shall not be allocated for parties, meetings, food or beverages. (7) The District Board shall make all final decisions concerning the provision of funding for a clean-up program. In addition to the requirements stated above, a cleanup program implementing all of the following additional incentives will qualify 98 for up to additional $5,000 in clean up funds. (8) The clean-up program budget must provide equal or greater matching funds for all Navigation District funding. (9) The applicant shall tally and report the composition and location of the waterway -related debris, with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris in the waterway, or an increase in the number of additional waterway areas included in the clean up. (10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a minimum of one waterway collection point or clean up area, or an applicant can conduct an additional waterway cleanup program for the waterway areas. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 3-7-11. 99 EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT Sponsor: Project Title: Source of Matching Funds: Amount of Matching Funds: ASSISTANCE PROGRAM Matching Funds Certification Project #: I hereby certify that the above referenced project Sponsor, as of October 01, 2021, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. -. Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9/95 (revised 7-30-02) 100 EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT SPONSOR: PROJECT #: BILLING #: Amount of Assistance Less Previous Total Disbursements and Less Previous Total Retainage Held Balance Available Funds Reauested This Disbursement Funds Requested Less Retainage (-10% unless final) Check Amount A. B. C. D. Amount of Assistance Less Total Prior and Current Payments Including all retainage held (B+C) _ = Balance Remaining Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "A") SCHEDULE OF EXPENDITURES Check No. Total Applicant FIND Vendor Name and Date Cost Cost Cost FIND - Form No. 90-14 (NOTE: Signature Required on Page 2) 101 Effective Date 7-30-02) FIND - Form No. 90-14 Page Two Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "N') EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant FIND Cost Cost Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "A" of the Project Agreement. * Project Liaison Date *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND - Form No. 90-14 Effective Date 7-30-02) 102 EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Sponsor: Project Title: Project Completion Certification Project #: I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and , dated 20 , and that all funds were expended in accordance with Exhibit "A" and Paragraph 1 of the Project Agreement. * Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 90-13 (Effective Date: 12-17-90, Revised 7-30-02) 103 EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct 1 -Dec 20_ ; Jan -March 20_ ; April -June 20 July -Sept 20 Report Due: (Dec 30) (March 30) (June 30) (Sep 30) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 (Effective Date: 7-30-02) 104 EXHIBIT G ASSISTANCE PROJECT SCHEDULE OCTOBER 2021- Project Agreement Executed, Project Initiates. DECEMBER 30, 2021 First Quarterly Report Due. - Use Quarterly Status Report Form Exhibit F http://www.aicw.org/assistance—programs/ MARCH 30 2022- Second Quarterly Report Due. waterway_assistance_programs/index.php JUNE 30, 2022- Third Quarterly Report Due. SEPTEMBER 30, 2022 - Fourth Quarterly Report Due. DECEMBER 30, 2022 Fifth Quarterly Report Due. MARCH 30 2023- Sixth Quarterly Report Due. JUNE 30,2023- Seventh Quarterly Report Due. NOTE. If the project will not be completed and all close out paperwork submitted by September 30th , a request for a ]-year extension of the completion date of the project should be submitted with the June 2023 quarterly report. SEPTEMBER 1-30,2023 - Work on Closeout paperwork Closeout paperwork consists of : 1. Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), which certifies that the project was completed in accordance with the project agreement and the final project plans. 2. A final reimbursement request accompanied by all required supporting documentation including bills and canceled payment vouchers for expenditures. 3. Photograph(s) showing the installation of the sign required by Rule 66B-2.013, F.A.C. 4. Photograph(s) of the completed project clearly showing the program improvements. Opg or of format) 5. A Final Project Report (1-2 pages) that shall at minimum include: project name and address, project summary, final cost, and project benefits to the waterway. SEPTEMBER 30, 2023 - End of Grant. All work must be complete closeout paperwork submitted. October 2023- finish processing closeout paperwork, perform project inspection and submit final reimbursement check and coordinates check presentation with sponsor. NOTE: ANY MODIFICATIONS to the PROJECT shall require advance notice and prior written approval of the District. The appropriate timing for modifications to the project cost estimate, Exhibit A, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this agreement pursuant to Section 13 of the project agreement. 105 EXHIBIT H http://www.aicw.oriz/studies and information/bids files plans logos/ logos.php#revize document center rz617 106 CONSENT: 12/7/2021 0HCe Of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: November 22, 2021 ATTORNEY SUBJECT: Annual Resolution re Delegation of Authority Concerning Declarations of State of Local Emergencies and to Act in a State Declared Emergency Affecting Indian River County The attached resolution delegates to the County Administrator, or his designee, the authority to declare states of local emergencies and to act in a State of Florida declared emergency affecting Indian River County from December 7, 2021 through December 31, 2022. Funding: There are no costs associated with this agenda item. Requested Action: Adopt the resolution delegating authority to the County Administrator, or his designee, to declare states of local emergencies and to act in a state declared emergency affecting Indian River County effective from December 7, 2021 through December 31, 2022. Attachment Resolution 107 RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR TO DECLARE STATES OF LOCAL EMERGENCIES AND TO ACT IN A STATE OF FLORIDA DECLARED EMERGENCY AFFECTING INDIAN RIVER COUNTY; RESCINDING RESOLUTION NO. 2020-104 EFFECTIVE DECEMBER 7, 2021; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to declare that a state of local emergency exists in Indian River County to the County Administrator acting as Indian River County Emergency Services District Director for any local emergency that may arise from December 7, 2021 through calendar year 2022; and WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to issue orders and rules, including Emergency Orders, during a State of Florida declared emergency affecting Indian River County to the County Administrator acting as Indian River County Emergency Services District Director for any declared emergency that may arise from December 7, 2021 through calendar year 2022. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 2020-104 of the Indian River County Board of County Commissioners which speaks to delegation of authority is hereby rescinded in its entirety effective December 7, 2021. 2. Commencing December 7, 2021, and continuing through December 31, 2022, the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, is hereby delegated the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5)(2021); and (ii) to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during a period of a declared emergency pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes sections 252.34 (2) and (4) respectively] exists in Indian River County. 108 RESOLUTION NO. 2021 - The 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 Peter D. O'Bryan Vice -Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 7th day of December, 2021 with an effective date of December 7, 2021. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller M Deputy Clerk Approved as to form and legal sufficiency: In Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA M Peter D. O'Bryan, Chairman 109 CONSENT: 12/7/2021 INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: November 16, 2021 ATTORNEY SUBJECT: Annual Resolution Delegating the Authority to the County Administrator or his designee, to execute Resolutions Calling Letters of Credit as Necessary during a Declared State of Local Emergency or Declared State of Florida Emergency Affecting Indian River County The attached resolution delegates to the County Administrator, or his designee, the authority to execute resolutions calling letters of credit as necessary during a declared state of local emergency or declared State of Florida emergency affecting Indian River County from December 7, 2021 through December 31, 2022. Funding: There are no costs associated with this agenda item. Requested Action: Adopt the resolution delegating authority to the County Administrator, or his designee, to execute resolutions calling letters of credit as necessary during a declared state of local emergency or declared State of Florida emergency affecting Indian River County from December 7, 2021 through December 31, 2022. Attachment Resolution 110 RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING THE AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING A DECLARED STATE OF LOCAL EMERGENCY OR DECLARED STATE OF FLORIDA EMERGENCY AFFECTING INDIAN RIVER COUNTY; RESCINDING RESOLUTION NO. 2020- 105; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; and WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty of improvements as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; and WHEREAS, during a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County, it is very unlikely that the Board of County Commissioners would meet; and WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period of such declared emergency; and WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator or his designee during the period of such declared emergency. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Resolution No. 2020-105 of the Indian River County Board of County Commissioners which speaks to. delegation of authority to execute resolutions calling letters of credit as necessary during a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County is hereby rescinded in its entirety effective December 7, 2021. 2. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on. behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period of a declared State of Local Emergency or declared State of Florida. Emergency affecting Indian River County. Any resolutions executed by the County Administrator or his designee, to call letters of credit during any declared State of Local Emergency or State of Florida Emergency affecting Indian River County are to be accompanied by a copy of this Resolution. 3. The Effective Date of this Resolution is December 7, 2021, and this Resolution shall continue in effect through calendar year 2022. 111 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 Peter D. O'Bryan Vice -Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 7th day of December, 2021 with an effective date of December 7, 2021. ATTEST: Jeffrey R. Smith, Clerk of Circuit 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 By Peter D. O'Bryan, Chairman 112 CONSENT: 12/7/2021 -6)- 0HCe of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: November 16, 2021 SUBJECT: Annual Resolution re Signatories ATTORNEY In connection with the selection of a new Chairman and Vice Chairman, the Board of County Commissioners must adopt a resolution directing depositories of County funds to honor certain authorized signatures on County checks, warrants, and other orders for payment. Based on input from the Finance Office, the attached resolution has been prepared designating both the Chairman and Clerk as the authorized signatories and providing for facsimile signatures rather than manual signatures on all checks. Funding: There are no costs associated with this agenda item. Reauested Action: Adopt the resolution and authorize the newly selected Chairman as well as the Clerk to sign the resolution and the respective Certificate of Facsimile Signature; and to instruct the Clerk to the Board of County Commissioners to transmit to the Department of State each original Certificate of Facsimile Signature which bears the original manual signatures of those Indian River County officers authorized to use facsimile signatures in lieu of manual signatures. Attachment Resolution Certificate of Facsimile Signature 114 RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DIRECTING DEPOSITORIES OF COUNTY FUNDS TO HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY CHECKS, WARRANTS, AND OTHER ORDERS FOR PAYMENT; PROVIDING FOR BOARD OF COUNTY COMMISSIONERS AND CLERK OF THE CIRCUIT COURT SIGNATORIES; RESCINDING RESOLUTION NO. 2020-103 WHICH SPEAKS TO AUTHORIZED SIGNATURES ON COUNTY CHECKS, WARRANTS, AND OTHER ORDERS FOR PAYMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Code section 101.02.1, on November 16, 2021, the Board of County Commissioners of Indian River County ("Board") selected Peter D. O'Bryan as Chairman from November 16, 2021, and continuing through November 22, 2022; and WHEREAS, Jeffrey R. Smith is the duly elected Clerk of the Circuit Court and Comptroller for Indian River County ("Clerk"), and he serves as clerk and accountant to the Board, pursuant to Section 28.12, Florida Statutes (2020); and WHEREAS, the Board has previously designated certain institutions as depositories of County funds; and WHEREAS, the Board's selection of Chairman requires a re -designation of signatories for County warrants, checks, and other orders for the payment of money drawn on the County's depositories; and WHEREAS, the Board has determined that the existing financial practices concerning personnel policies and employee compensation eliminate the need to require manual signatures on salary and other compensation warrants, checks, and other orders payable to Board employees; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Previous designations by the Board of certain institutions as official depositories of County funds are hereby ratified and affirmed. 2. Manual signatures shall not be required on any checks, warrants, and other orders for the payment of money drawn in the name of the Board for the purpose of salary and other. compensation to or for any Board employees. 115 RESOLUTION NO. 2021- 3. Each designated depository of County funds is hereby authorized and directed to honor checks, warrants, and other orders for payment of money drawn in the name of the Board, including those payable to the individual orders of any person/entity or persons/entities whose name or names appear thereon, when bearing both the facsimile signature of the Clerk, and the facsimile signature of the Chairman of the Board. 4. The manual and facsimile signatures of the herein designated officers appear on Exhibit "A" attached hereto and by this reference incorporated herein in its entirety. 5. The signatories named on the attached Exhibit "A" are hereby authorized to execute any and all signature cards and agreements as requested by the respective banking institutions designated as official depositories by the Board. 6 The use of facsimile signatures is authorized by Florida Statutes Section 116.34 (2021), the "Uniform Facsimile Signature of Public Officials Act." 7. The Clerk to the Board shall immediately file with the Department of State each Certificate of Facsimile Signature bearing the original manual signatures, at which point a facsimile signature of those officials signatory to Exhibit "A" of this Resolution shall have the same legal effect as a manual signature on any instrument of payment. The 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 Peter D. O'Bryan Vice -Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 7th day of December, 2021 with an effective date of December 7, 2021. , Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Ift Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Z Peter D. O'Bryan, Chairman 116 EXHIBIT "A" Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Actual Facsimile Indian River County Board of County Commissioners Chairman Peter D. O'Bryan Actual Facsimile 117 CERTIFICATE FOR FACSIMILE SIGNATURE (Section 116.34, Florida Statutes) State of Florida County.of Indian River I, Peter D. O'Bryan being (print name as to be signed below) Duly appointed Chairman of the Board of County Commissioners (state complete title or position) of Indian River County, Florida Do hereby file with the Secretary of State my official signature for the purpose of complying with Section 116.34, Florida Statutes, and do hereby certify that the signature below is true, correct and manually subscribed by me. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING.OATH AND THAT THE FACTS STATED IN IT ARE TRUE. Signature Date signed Peter D. O'Bryan Print Name as signed 1801 27th Street Business Address Vero Beach, FL 32960 City State Zip Code 118 CERTIFICATE FOR FACSIMILE SIGNATURE (Section 116.34, Florida Statutes) State of Florida County of Indian River I, Jeffrey R. Smith I being (print name as to be signed below) Duly appointed Clerk of Circuit Court and Comptroller of (state complete title or position) Indian River County; Florida Do hereby file with the Secretary of State my official signature for the purpose of complying with Section 116.34, Florida Statutes, and do hereby certify that the signature below is true, correct and manually subscribed by me. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING OATH AND THAT THE FACTS STATED IN IT ARE TRUE. Signature Date signed Jeffrey R. Smith Print Name as signed 2000 16th Avenue Business Address Vero Beach, FL 32960 City State Zip Code 119 N N, MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 22, 2021 SUBJECT: Indian River County — St. Lucie County Interlocal Agreement for Pre -Trial Services BACKGROUND. On October 12, 2021, the Indian River County Board of County Commissioners voted to move forward with establishing a pre-trial services program with St. Lucie County running the program. St. Lucie County has a pre-trial services program which provides a number of different services, such as GPS monitoring, curfew and house arrest compliance, establishing exclusion zones, and drug and alcohol testing. The pre-trial program is utilized by judges as an alternative to having a defendant spend time before trial in jail. In order to memorialize this cooperative arrangement, St. Lucie County has proposed the attached interlocal agreement. The annual cost of the program is expected to be $250,744.55. Roughly $35,800 of this is for upfront costs in establishing the program here in Indian River County. The intent is to have the program running by April 1, 2022. FUNDING. Funding in the amount of $250,745 for the annual cost of the Pre -Trial Services program is scheduled to be split between the County and the Sheriff. The Sheriff has stated that there are sufficient funds available in his approved budget to cover his share of the expenses. A budget amendment to fund the County's share of $125,373 will require a budget amendment from General Fund/Reserve for Contingency. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the proposed interlocal agreement and authorize the chair to sign any documents necessary to effectuate the interlocal agreement, after review and approval by the County Attorney. ATTACHMENT. Interlocal Agreement 120 INDIAN RIVER COUNTY — ST. LUCIE COUNTY INTERLOCAL AGREEMENT FOR PROVISION OF PRETRIAL SERVICES This Interlocal Agreement is made this_ day of____, 2021, by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida ("St. Lucie") and the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, ("Indian River"). WHEREAS, Indian River has requested St. Lucie to provide pretrial services for pretrial defendants in Indian River County; and, WHEREAS, St. Lucie has agreed to provide the services requested by Indian River in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of their mutual covenants and promises, the parties agree as follows: 1. SERVICES: St. Lucie shall provide Pretrial Program services to the Indian River as set out in Exhibit "A" ("Services") and in Exhibit "B" ("Proposal"). 2. TERM; TERMINATION: This Agreement shall be effective from the Effective Date, as defined in Paragraph 6, and continue through September 30, 2022. The Parties agree that St. Lucie shall begin providing Pretrial Services in Indian River on or before April 1, 2022. This Agreement may be extended upon mutual agreement of the parties. Either party may terminate the Agreement without cause upon no less than sixty (60) days written notice to the other party. In addition, St. Lucie may terminate this Agreement for nonpayment by Indian River with thirty (30) days prior written notice. In the event of termination, Indian River will consider retaining the qualified employees of the Program. BILLING; RATES; PAYMENT: A. Initial Term Start Up Expenses: Within thirty (30) days from the Effective Date of the Agreement, Indian River shall pay $35,800.00 to St. Lucie to cover initial start-up expenses. B. Initial Term Cost of Services: In addition to the initial term startup expenses, Indian River shall pay St. Lucie $17,912.05 per month. The payment for Pretrial Services shall begin on the date St. Lucie begins providing the Pretrial Services (i.e., on or before April 1, 2022). Services are billed on a quarterly basis using the fiscal calendar. In the event the Services begin on a date other than the first of the quarter, the quarterly payment shall be due within thirty (30) days of the date Services begin, and the amount shall be pro -rated based on the 121 remaining term of that quarter. Thereafter, the quarterly payment will be due on the first day of the quarter for which Services are provided. C. Subsequent Renewal Terms: For each subsequent renewal term, the Cost of Services, as agreed by the parties, shall be billed quarterly beginning on October 1. D. Pretrial Program Growth: It is understood and agreed between the parties that the optimal pretrial officer/defendant ratio is 1 pretrial officer per 20 defendants. In the event the number of defendants enrolled in the Pretrial Program exceeds 25 defendants per week for 6 consecutive weeks, St. Lucie shall have authority to approach Indian River to discuss an increase in number of Pretrial Personnel assigned to the Indian River County Pretrial Program. 4. STATUS OF THE PARTIES: The parties agree that St. Lucie is an independent contractor and is not an agent of the Indian River for the purposes of this Agreement. The staff providing the Program services are under the control of St. Lucie. The point of contact for Indian River shall be the Sheriff of Indian River County or his designee. The point of contact for St. Lucie is the St. Lucie County Criminal Justice Director. 5. NOTICES: All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to St. Lucie: St. Lucie County Administrator 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 If to Indian River: Indian River County Administrator 180127th Street Vero Beach, FL. 32960 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 With a copy to: Indian River County Attorney 180127th Street Vero Beach, FL. 32960 Indian River County Sheriff 4055 411t Avenue Vero Beach, FL. 32960 6. ENTIRE AGREEMENT; AMENDMENT; RECORDING: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof 122 and supersedes all prior verbal or written agreements between the parties with respect hereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court for Indian River County, Florida and the Clerk of the Court for St. Lucie County, Florida prior to becoming effective. The last date of filing of the Agreement with the respective Clerks of Circuit Court shall be the Effective Date of this Agreement. ATTEST: Deputy Clerk ATTEST: Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney 123 Exhibit "A" - Scope of Services St. Lucie County Pretrial Program will implement and provide Global Positioning Satellite (GPS) monitoring for pre-trial defendants in Indian River County. The primary responsibility of St. Lucie County Pretrial is to provide complete, accurate, non -adversarial information to the courts allowing for an informed decision regarding the offender's suitability for release into the community, pending final disposition of charges. On a weekly basis the F.S. 907.043 "CITIZENS RIGHT -TO -KNOW ACT" report will be filed with the Indian River County Clerk's office as required by law as well as the annual F.S. 907.043 "CITIZENS RIGHT -TO - KNOW ACT" report. In addition, a monthly Bed Day and potential cost savings (in lieu of county confinement) report will be submitted to the Indian River County Administrator showing the savings for that particular month. SLC Pretrial Supervision program will provide a full-time staff of two (2) to be located in Indian River and dedicated to the needs and services of Indian River thru September 30, 2022. The court has the authority under section 907.041, Florida Statutes, to release an arrested person on GPS/pretrial supervision if the facts and circumstances warrant such a release; and the Florida Rule of Judicial Administration 2.215 to administer the pre-trial release program described in this interlocal agreement. St. Lucie County Pretrial Program will be charged with the responsibility of providing adequate staff to ensure delivery of services consistent with the needs of the offender. Delivery of case management services will address the following components: • Attend First Appearance daily (365 Days per Year) per Court Administrative Order 2020-17. • Staff will meet with the defendant upon placement/release instructing him/her on the conditions of release ensuring a thorough understanding of same. During the interview process, it will be determined if the defendant may benefit from self -betterment programs such as substance abuse or mental health treatment, employment re-training and transportation needs. • Clear and accurate case notations will be maintained and recorded for all personal and telephonic contacts. A query of Clerk of Court computer system will be conducted for new arrests and arraignment dates. Offender will be notified prior to all upcoming court dates and will be required to report to the pretrial supervision office on a regular basis. • Staff will refer the defendants for urinalysis testing as directed by the court and may conduct random breath analysis for presence of alcohol. Alcohol testing may be conducted in the field. All new violations of law and non-compliance with program conditions will be reported to the court via a written affidavit and request for detention order. Staff will process all pertinent paperwork with the Clerk of the Court and Sheriff's Office. 124 Exhibit "B" - Proposal 125 3't- 1 � - � wee 'Mass, ST LUCIE, MARTIN & OKEECHOBEE COUNTIES Date: June 30, 2021 To: Dylan Reingold, Indian River County Attorney From: Joseph J Cowan, St Lucie County Criminal Justice Director p Re: Proposal for Pretrial Services for Indian River County The following is a response to your Request for Proposal for St Lucie County Criminal Justice Division to provide and operate a Pretrial Program for Indian River County. The proposal outlines items, facilities and services to be provided by Indian River County and St Lucie County. This will be a full service pretrial office supported by a full time staff and supervised by our Program Manager. Please note that any agreement is subject to the approval of the Board of County Commissioners of St Lucie County, Florida. Cost and projected savings: Annual cost for Pretrial Program $250,744.55 Based on data provided by Indian River County and current Pretrial statistics. Indian River County should expect 218 defendants annually on Pretrial Program Majority of Defendants are on Pretrial 30 days (some more and some less) Projected annual jail bed day reduction 6,540 Current Indian River County Jail bed day cost $99.00 Projected jail bed day cost savings to Indian River County $647,460.00 Project overall cost savings to Indian River County $396,715.45 (bed day cost savings minus program cost) Additional Cost savings Projected cost savings noted above does not include Defendant/Inmate Medical cost savings. As an inmate, the County is responsible for all medical care and associated expenses. Once released from jail the inmate/defendant is now responsible for their own medical care and associated expenses. Program Benefits Pretrial Program is a specialty tool available to the Courts so they may impose a reduced bond amount and still provide community protections. Defendant may be permitted to continue working (provide for family) Defendant will have conditions imposed to ensure court order compliance. Examples include weekly reporting to a Pretrial Office, random home visits by Pretrial staff, random drug/alcohol testing. GPS defendants are tracked 24/7 and may have restriction zones. 218 South 2nd Street, Fort Pierce, Florida 34950 (772) 462-6772 126 Indian River County will provide • Office space in the Indian River County Courthouse. This office space shall be equipped with a desk and office chairs for three (3) people. Office shall have three dedicated phone lines. • Separate secure office space for defendant check-in and instruction. Room should contain small table and three (3) chairs. Room should have security camera and panic alarm. • Access to Courthouse WiFi system • Access to Indian River County Court and Sheriff Jail programs. • Three desk phones • Point of contact with Indian River County Administration • Point of contact with Indian River Clerk of Court • Point of contact with Indian River County Jail • Security clearance at Courthouse and Jail for Pretrial Staff (all staff members). St Lucie County will provide • One (1) Senior Pretrial Officer • One (1) Case Manager • Two (2) laptop computer work stations and maintenance for same • Printer/Copier/Fax machine • One (1) Pretrial vehicle equipped with computer mount and warning lights • SLC will vet, hire, provide salary, benefits and supervise all personnel assigned to the program. • All GPS tracking equipment necessary for the program • Training and certifications for all personnel assigned to the program. • Annual report and OPPAGA reports to Indian River County • Provide Roll Call training to Law Enforcement agencies in Indian River County • Body Armor, Jacket and flash light for pretrial officer • Two (2) cell phones • One (1) Wad with mounting system and maintenance for defendant check-in Note If the case load runs higher than 25 cases per week for more than six (6) consecutive weeks, then the St. Lucie County Pretrial Program shall be able to approach Indian River County BOCC to discuss an increase in the number of Pretrial Personnel assigned to the Indian River County contract. Optimal Officer/Defendant caseload ratio is 20 defendants per Pretrial Officer. 127 �N INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Steve Greer, Battalion Chief Department of Emergency Services Fire Rescue Division DATE: November 15, 2021 SUBJECT: Approval of Renewal of a Class "B" Certificate of Public Convenience and Necessity from MCT Express, Inc. DBA United Medical Transportation On October 1, 2019, the Indian River County Board of County Commissioners approved a Class "B" and `BI" Certificate of Public Convenience and Necessity for MCT Express, Inc. DBA United Medical Transportation, to provide BLS/ALS Non -Emergency Interfacility and Wheelchair transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class `B" certificate was been submitted by MCT Express, Inc. DBA United Medical Transportation. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. 128 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve the renewal of the Class `B" Certificate of Public Convenience and Necessity for MCT Express, Inc. DBA United Medical Transportation, to be effective for a period of two (2) years commencing October 1, 2021, and expiring October 1, 2023. ATTACHMENTS: COPCN Renewal Application from MCT Express Inc. DBA United Medical Transportation 129 M INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: John Stoll Chief, Long -Range Planning DATE: November 16, 2021 SUBJECT: Consideration of the Affordable Housing Advisory Committee (AHAC) 2021 Incentives Review and Recommendation Report It is requested that the following information be given formal consideration by the Board of.County Commissioners at its regular meeting on December 7, 2021. DESCRIPTION AND CONDITIONS As part of HB 1375 enacted in 2007, the Legislature revised section 420.9076, F.S. to require that local governments establish a local Affordable Housing Advisory Committee (AHAC). On March 18, 2008, the Indian River County Board of County Commissioners (BCC) approved resolution 2008-038 to establish Indian River County's AHAC. According to state law, the principal responsibility of the AHAC is to submit a report to the local governing body that includes a recommendation on or evaluation of the affordable housing incentives identified in Paragraphs A through K of Section 420.9076 (4), F.S. (see page 2 of this staff report). Consistent with the provisions of section 420.9076 F.S. (up until the 2020 legislative session), every three years the AHAC was required to review the local government's established policies and procedures, ordinances, land development regulations, and comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of property to appreciate in value. As part of that process, the AHAC's review and recommendations are compiled into an incentives review and recommendation report that is presented to the BCC for approval. Pursuant to House Bill 1339 adopted during the 2020 Florida Legislative Session, the triennial requirement changed to an annual requirement starting in 2021. The County's first AHAC report was approved by the BCC on December 9, 2008, submitted to the Florida Housing Finance Corporation (FHFC) before its December 31, 2008 due date, and thereafter approved by the FHFC. Subsequent AHAC reports were prepared, recommended for approval by AHAC, approved by the BCC, and submitted to the FHFC in 2011, 2014, 2017, and 2020. The County's next AHAC report is due to the state by December 31, 2021. In order to meet 130 that deadline, staff has prepared the 2021 incentives review and recommendations report for AHAC's consideration at its November 10, 2021 meeting. The AHAC's review is now complete and staff and the AHAC are recommending BCC approval of the 2021 report. The BCC is now to consider approval of the report. ANALYSIS Section 420.9076 (4) F.S. requires that, at a minimum, the advisory committee (AHAC) submit a report to the local governing body (BCC) that includes recommendations on affordable housing incentives in the following areas: a. The processing of approvals of development order or permits, as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. b. All allowable fee waivers provided for the development or construction of affordable housing. C. The allowance of flexibility in densities for affordable housing. d. The reservation of infrastructure capacity for housing for very low-income persons, low income persons, and moderate -income persons. e. Affordable accessory residential units. f. The reduction of parking and setback requirements for affordable housing. g. The allowance of flexible lot configuration, including zero -lot -line configurations for affordable housing. h. The modification of street requirements for affordable housing. i. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. j. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. k. The support of development near transportation hubs and major employment centers and mixed-use developments. In 2008, 2011, and 2014, the AHAC reviewed Indian River County's existing affordable housing incentives as well as newly proposed affordable housing strategies and policies. Through that process, the AHAC reached consensus and provided direction to staff on the county's then existing and proposed strategies and policies. By assessing the county's affordable housing incentives and strategies, the AHAC addressed the affordable housing incentives referenced in paragraphs A through K of Section 420.9076(4) F.S. For each incentive, the report included a description, reference to existing county regulations, analysis, and recommendations. All recommendations of the previous AHAC reports were incorporated into the county's Comprehensive Plan and Land Development Regulations (LDRs). Recently, staff prepared a draft 2021 AHAC report. That AHAC report is a compilation and evaluation of the county's current affordable housing incentives, the incentives referenced in Section 420.9076(4) F.S., and affordable housing strategies and policies that were adopted by the county as part of the county's 2010 EAR based comprehensive plan amendments. The report also includes recent AHAC recommendations presented to the Board of County Commissioners on February 18, 2020. As indicated in the draft 2020 AHAC housing incentives report, the county 131 has already adopted and implemented all but one of the affordable housing incentives identified in items A through K of Section 420.9076(4) F.S. The incentive not adopted is item H, which relates to modifying minimum street requirements. Staff analysis shows that the county's current street right-of-way requirements are appropriate to ensure public safety, are not excessive, and should be maintained. The report's analysis indicates that the County has successfully implemented incentives for providing affordable housing within the county. County affordable housing incentives have been in place for many years and continue to be used by not-for-profit housing organizations and for- profit affordable housing developers to provide affordable housing for county residents. AHAC proposals for revisions to the incentives developed/identified through evaluation and studies are incorporated in the report. At its November 10, 2021 meeting, the AHAC reviewed a draft 2021 AHAC report, determined it complete with no changes, opened the public hearing for public comments, and recommended that the BCC approve the revised 2021 AHAC report (see attachment 1). CONCLUSION Currently, Indian River County provides all but one of the eleven affordable housing incentives listed in items A through K of Section 420.9076 F.S. To date, the ten adopted incentives have resulted in non-profit housing organizations and for-profit affordable housing developers providing affordable housing in the county. As structured, the AHAC report identifies the county's existing affordable housing incentives, provides an analysis of those incentives with respect to the incentives listed in items A through K of Section 420.9076 F.S., and includes a recommendation on each incentive. In the report, staff is recommending that the county maintain the ten adopted, existing incentives, and expand upon them as recommended by analysis conducted by AHAC during the year 2019 and presented to the BCC in February of 2020. RECOMMENDATION Staff and the Affordable Housing Advisory Committee recommend that the Board of County Commissioners approve the proposed 2021 AHAC report by adopting the attached resolution, direct staff to submit a copy of the report to the Florida Housing Finance Corporation (FHFC) for review, and authorize staff to make any changes to the report if required by FHFC. ATTACHMENT 1. 2021 AHAC Report 2. Resolution Approving the 2021 AHAC Report 132 Proposed Indian River County Affordable Housing Advisory Committee 2021 Incentives Review and Recommendation Report Community Development Department Indian River County 1801 27h Avenue Vero Beach, Florida 32962 (772)226-1237 Approved by the Affordable Housing Advisory Committee at a Public Hearing on (November 10, 2021) Approved by the Board of County Commissioners (December , 202 1) Resolution No. 2021 — 133 INTRODUCTION With passage of HB 1375 in 2007, local governments that receive State Housing Initiatives Partnership Program funds were required to establish an Affordable Housing Advisory Committee (AHAC) by June 1, 2008. In Indian River County, the Board of County Commissioners created an Affordable Housing Advisory Committee on March 18, 2008. Between 2008 and 2019, triennially each AHAC was required to review their local government's established policies and procedures, ordinances, land development regulations and comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of property to appreciate in value. Pursuant to House Bill 1339 adopted during the 2020 Florida Legislative Session, each AHAC must now annually complete this task. In Indian River County, the first AHAC report was approved by the Board of County Commissioners on November 19, 2008. Following submission of the initial AHAC report, reports were required to be submitted triennially on December 31 every three years. Therefore, the subsequent AHAC reports were approved on December 6, 2011, December 9, 2014, and December 5, 2017, and December 1, 2020. The next AHAC report must be submitted to the FHFC by December 31, 2021. According to Section 420.9076 (4) F.S., each AHAC report must give recommendations on affordable housing incentives in the following areas: A. The processing of approvals of development orders or permits, as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. B. All allowable fee waivers provided for the development or construction of affordable housing. C. The allowance of flexibility in densities for affordable housing. D. The reservation of infrastructure capacity for housing for very low-income persons, low income persons, and moderate -income persons. E. Affordable accessory residential units. F. The reduction of parking and setback requirements for affordable housing. G. The allowance of flexible lot configuration, including zero -lot -line configurations for affordable housing. H. The modification of street requirements for affordable housing. I. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. J. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. K. The support of development near transportation hubs and major employment centers and mixed-use developments. 134 BACKGROUND In February, 1990, the Indian River County Board of County Commissioners adopted the Indian River County Comprehensive Plan. In the Housing Element of that plan, Policy 1.3 stated: "An advisory committee shall be appointed by the Board of County Commissioners to provide additional guidance on county housing policies. Comprised of representatives of the housing industry, financial institutions, Housing Authority, and citizens, the committee shall be advisory and terminated upon acceptance of its final report. This committee shall submit a final report to the Board of County Commissioners by 1993..." Consistent with Housing Policy 1.3, the Board of County Commissioners, on March 5, 1991, created a fifteen (15) member Indian River County Affordable Housing Advisory Committee (Resolution No. 91-29). That committee was comprised of representatives of the housing industry, financial institutions, and the Housing Authority, as well as citizens. In April 1993, the Affordable Housing Advisory Committee voted to adopt and transmit the Committee's Final Report to the Board of County Commissioners for its review and consideration. That final report was submitted to the Board of County Commissioners on May 25, 1993, and the original AHAC was then dissolved. In 1992, the Florida Legislature established the State Housing Initiatives Partnership (SHIP) program. The purpose of the SHIP program is to provide funds to local governments for the provision of affordable housing for qualifying households. In order to receive SHIP funds, the county was required to satisfy several requirements, including the creation of a Local Affordable Housing Advisory Committee to conduct a review of the county's regulations and to develop a Local Housing Incentive Plan. To obtain SHIP funds, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Program (Ordinance #93-13) in April 1993. Consistent with the requirements of Section 420.9076, F.S. and Section 308.07 of the County Code, the Board of County Commissioners created the county's second Affordable Housing Advisory Committee (AHAC) in 1993. The function of that committee was to review the County's Local Housing Assistance Plan and develop local housing incentive strategies. Once established, that committee worked with staff and fulfilled all of the requirements of Section 420.9076, F.S. On December 13, 1994, the Board of County Commissioners adopted the final Indian River County Affordable Housing Incentive Plan with resolution number 94-162. That plan which remains in effect includes many of the affordable housing incentives listed in paragraphs A through K of Section 420.9076(4) F.S. The second AHAC was dissolved in 2001. Since adoption of the affordable Housing Incentive Plan, the county's affordable housing incentives have been utilized by for-profit and non-profit housing developers and organizations to provide affordable housing within the county. Through those incentives, 2,634 affordable rental housing units have been constructed. Also, 1,698 income eligible 135 individuals have received SHIP and HHR funds for the purchase of a home and/or for rehabilitation of their housing unit. Consistent with the 2007 legislature's directive, Indian River County established its Affordable Housing Advisory Committee in March, 2008 and in December of 2019 updated its membership composition consistent with state statute. The primary function of the AHAC is to prepare the update of the County's Local Housing Incentives Report. In 2008, 2011, 2014, and 2017 the AHAC prepared the County's update. This is the fifth Local Housing Incentives Report update. Beginning in December 2018 and concluding in early 2020, the BCC directed the AHAC to study the affordable housing issue outside of the County's normal three-year window for updating its incentives and recommendations report. That directive included the request to review the county's existing local affordable housing incentives and programs and County regulations impacting and encouraging development of more affordable housing to develop recommendations for improvement. This AHAC report incorporates many of the AHAC's recent findings and recommendations adopted by the AHAC on January 22, 2020, and those ultimately approved by the BCC on February 18, 2020. ANALYSIS In this section, each of the Chapter 420.9076(4), F.S. requirements, A through K, are addressed. For each of the requirements, current citations from the county's Comprehensive Plan and Land Development Regulations (LDRs) are provided. Each section also includes an analysis and recommendation(s). 136 A.The process of approvals of development orders or permits, as defined in s.163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. Section 163.3164(7), F.S. defines a development order as "any order granting, denying, or granting with conditions an application for a development permit." Section 163.3164(8), F.S. defines a development permit to "include any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land". In Indian River County, permits for affordable housing projects are expedited to a greater degree than other projects. Established policies and procedures for expedited permitting are found in Policies 1.5 and 1.6 of the Housing Element. These policies read as follows: POLICY 1.5: By 2015, the county shall establish a web based permitting process. POLICY 1.6: The county shall take all necessary steps to eliminate delays in the review of affordable housing development projects. In order to define delay, the county hereby establishes the following maximum timeframes for approval of projects when an applicant provides needed information in a timely manner: - Administrative approval — 5 days; - Minor site plan — 5 weeks, - Major site plan — 6 weeks; - Special exception approval —13 weeks Whenever these review times increase by 150% or more due to the work load of review staff, the county will begin prioritizing the review of affordable housing development project applications. In prioritizing affordable housing development project applications, staff will schedule affordable housing project applications for review before other types of project applications to ensure that maximum review timeframes are not exceeded for affordable housing projects. ANALYSIS: Consistent with Policy 1.6, the Community Development Department processes affordable housing projects ahead of all other projects. This has been done since 1994. For each affordable housing project application, planning staff notifies other reviewing departments that the application is an affordable housing project and must be reviewed ahead of all other projects. Overall, this process has worked well, with affordable housing projects identified upfront and reviewing departments expediting these project reviews. For major affordable housing projects, this process has saved applicants several weeks in application review/processing time. In 2019, after recommendation from the AHAC, the County revised the permit expediting process further to make identification of affordable housing permits more identifiable. For hardcopy permit application submissions, the new process uses a bright neon green affordable housing permit expediting form and a similarly colored permit review folder to designate the permit as a permit that must be expedited. 137 More recently in 2020 in response to the COVID-19 health crisis, the Community Development Department implemented an electronic permit e-mail application process for all building permits. The process is currently being changed over to a permanent process. While not specific to affordable housing, the electronic permit application process will eliminate the time it takes to produce paper copies and have them delivered. With this process, applicants may request that the permit be expedited in the subject line of the e- mail and provide a copy of the neon green permit expediting form. RECOMMENDATION: The county should maintain Housing Element Policy 1.5, regarding web -based permitting, and Policy 1.6, regarding prioritizing the permit process review of affordable housing development projects ahead of all other projects. No other action is needed. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [**/] No ❑ 138 B.All allowable . fee waivers provided for the development or construction of affordable housing. Impact fees and utility capacity charges are one time charges applied towards new construction to generate the revenue necessary to make capacity producing capital improvements. Overall, these impact fees and utility capacity charges increase the cost of housing. Until. Florida's 2019 legislative session, communities in Florida that adopted impact fees were required by statute and/or case law to apply those impact fees to all activities that create a demand for capital facilities. During the 2019 legislative session, however, Florida's Impact Fee Act was amended to allow exemptions for affordable housing (housing for households earning less than 120% of Are Median Income (AMI)). In March of 2020 with the County's most recent impact fee study and fee schedule update, Indian River County adopted a portion of the allowable affordable housing impact fee waiver/reduction allowance as part of the County's Impact Fee Regulations under Title X of the Indian River County code. Indian River County now provides: • impact fee exemptions for single family homes of less than 1,000 square feet (under air) for households with incomes below 80% of AMI; and • impact fee reductions at 50% of the calculated rate for single family homes between 1,000 square feet and 1,500 square feet (under air) for households with incomes below 80% of AMI. Impact fees for single family homes of any square footage larger than 1,500 square feet (under air) and impact fees for homes of less than 1,500 square feet (under air) not occupied by households with household incomes of less than 80% of AMI continue to be collected at the full calculated and adopted rates with no affordable housing reduction or waiver. Additionally, impact fees for multi -family housing units continue to be collected at full calculated impact fee rates. Consequently, impact fees for these land uses cannot be waived or reduced without being subsidized from another revenue source for a justifiable reason. Because of this, there are methods of fee payment to assist income eligible persons with the cost of impact fees and /or utility capacity charges. Currently, Indian River County provides SHIP program loans and grants of up to $20,000.00 per unit to income eligible households for the cost of impact fees and utility capacity charges for new units. The county also provides SHIP loans and grants for existing units to connect to the county regional water and wastewater system. To obtain SHIP impact fee funds, applicants must execute loan or grant agreements with the county, indicating that they will comply with the county's Local Housing Assistance Program's requirements. Those loans or grants are limited to income eligible households in the Very low Income (VLI) (not to exceed 50% of the county's median income), Low Income (LI) (51-80% of county's median income), and moderate income (MI) (between 81-120% of the:county's median income) categories. Besides providing impact fee loans and grants, the county also provides financing of water and sewer capacity charges for new units and existing units connecting to the county regional system. The following policies from the Housing Element of the Comprehensive Plan provide for financial assistance for payment of impact fees and connection charges for affordable housing units. 139 POLICY 4.3: The county shall maintain its current policy of financing water and sewer capacity charges for newly constructed housing units. POLICY 4.4: The County shall maintain its Housing Trust Fund which provides below-market interest rate financing and/or grants for land acquisition, downpayment/closing cost loans, impact feelcapacity charges payment loans, and rehabilitation loans for affordable housing units in the county. The fund will also assist non-profit facilitators with pre -development expenses associated with very low, low, and moderate income housing development. Some disbursements from the Housing Trust Fund will be grants, but the majority of funds will be revolving loans, with borrowers paying back principal and applicable interest into the trust, therefore ensuring a permanent source.of financing. ANALYSIS: Impact fees and utility capacity charges are needed to provide revenue for constructing capacity producing capital improvements necessary to accommodate growth. Overall, impact fee revenue partially funds construction of major roadways, libraries, schools, parks, correctional facilities, fire/ems facilities, law enforcement facilities, solid waste facilities, and public buildings, and capacity charges fund expansion of the county's regional water and sewer system. These fees are based on fair share payments by the people benefiting from the capital improvements, impact fees and utility capacity charges. With respect to affordable housing, those fees increase the cost of housing and put a burden on the production of affordable housing projects. To lessen the impact on affordable housing projects the county in March of 2020 (upon recommendation by the AHAC and approval by the BCC) implemented new impact fee waivers/exemptions impact fees for single family homes of less than 1,500 square feet occupied by households earning less than 80% of Area Median Income. The County's SHIP program also can be utilized to provide impact fee loans and grants to extremely low, very low, and moderate -income households and grants and loans to connect to the county water or sewer system (this includes loans associated with new home construction to Habitat for Humanity clients). Besides using SHIP funds, in the past the county has provided impact fee. grants and loans to eligible households as part of .Community Development Block Grant (CDBG) neighborhood revitalization and housing projects. Although CDBG funds can be used for impact fee loans and grants, they are not always available to the County to utilize. This is due to a number of factors including the fact that: • the County must apply to the state for CDBG program funds for a specific project; • the application process is highly competitive and awards are not guaranteed; • the County can only have one active/open CDBG contract with, the state at any given time; • at times the County submits CDBG applications and obtains awards for non- housing related projects; • CDBG awards can.last from 2 to 4 years at a time; and • the County cannot apply for more CDBG funds until the previously awarded CDBG project is complete and the awarded CDBG contract with the state is closed out. Overall, the county has provided many SHIP impact fee grants/loans to eligible households. Since this program has been successful, the county should keep its SHIP 140 Program impact fee assistance strategy for income qualified households. The County's new impact fee waiver/reduction categories for single family homes of less than 1,500 square foot for income eligible households should also be maintained and evaluated in future years to determine their overall utilization and. whether or not adjustments should be made to the eligible categories. RECOMMENDATION: The county should maintain Housing Element Policy 4.3 and Policy 4.4, regarding financing of impact fees, payment of impact fees, and payment of water and wastewater capacity charges for income eligible households through SHIP funds. The County should also maintain its newly adopted impact fee waiver and reductions under Title X of the Indian River County Code for certain single-family housing units occupied by households with incomes of less than 80% of AMI; and the County should continue to apply for other funding sources (such as CDBGs) to subsidize impact fees and utility capacity charges. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [/] No ❑ 141 C.The allowance of flexibility in densities for affordable housing. Within Indian River County, the future land use map and zoning district designations establish a maximum density or intensity for all properties. Overall, density is an important factor in forming the character of a community and the preferred lifestyle of its residents. While higher densities may result in lower housing costs, higher across the board densities do not always translate into lower housing prices. Consequently, the preferred method for reducing housing costs through increased density is to provide affordable housing density bonuses associated with affordable housing projects. Currently, Housing Policy 2.5 and LDR Section 911:14(4) provide affordable housing projects an up to a 20% density bonus over the maximum density established by the underlying land use designation. Currently, Housing Element Policy 2.5 and Section 911.14(4) of the LDRs provide for affordable housing density bonuses. Section 971.41(9) of the LDRs provides for small lot subdivisions for affordable housing. POLICY 2.5: The County shall maintain its affordable housing density bonus provision for planned development projects, allowing eligible affordable housing projects with a market value of affordable housing units not to exceed 21/2 times the county's median income, to receive up to a 20% density bonus based on the following table. Very Low Income (VLI) and Low Income Density (LI) Bonus Range of Possible Affordable (Percent Additional Density Bonus for Providing Additional Buffer Density Bonus Units increase and Landscaping based on one of the following options Percentage as in (percent increase in allowable units) (Percent increase in Percentage allowable allowable units) Of units). Project's Total Units Option I Option II Material equal to a 20' Material equal to a 25' wide Type C buffer* with 6' wide Type B buffer* with 6' opaque feature along opaque feature along residential district residential district boundaries and 4' opaque boundaries and 4' opaque feature along roadways feature along roadways More than 30% 10% 5% or 10% 10-20% *Buffer types are identified in Chapter 926 of the county's Land Development Regulations The county's current median income is $69,600. The County's Affordable Housing Density Bonus Provisions are Codified in Section 911.14 (4) of the LDRs (See Attachment 1). 142 As part of the AHAC's January 22, 2020 recommendations, the AHAC recommended increasing the density bonus from 20% to 50%. The BCC agreed in concept, but requested that the County Attorney's office review to consider any legal considerations and present its findings to the BCC for a final determination. If reviewed and approved by the BCC, staff will ultimately need to prepare draft revisions to Section 971.41(9) for BCC consideration. Another option to increase affordable housing project yields is the county's small lot subdivision allowance. Although the county's small lot subdivision regulations, section 971.41(9) of the county's land development regulations, do not have an allowance for density bonuses, the smaller lot configuration allows for more lots to be created. While a standard RS -6 parcel (single family residential up to 6 units per acre) has a minimum lot size of 7,000 square feet, the small lot subdivision regulation allows for lot sizes to be reduced to 5,000 square feet. While standard RS -6 zoning typically yields about 2.5 to 3 units per acre, a small lot subdivision can yield up to 5 units per acre. The county's Small Lot Subdivision for Affordable Housing Proiects are Codified in Section 971.41(9) of the LDRs (See Attachment 2). As part of the AHAC's January 22, 2020 recommendations, the AHAC recommended and the BCC approved in concept allowing very small lot subdivisions (smaller lots than currently provided for in the small lot subdivision regulations. In the future, regulations for very small lot subdivisions will be prepared and considered for adoption. ANALYSIS: The allowance of an up to 20% density bonus (or more based on recent recommendation by the AHAC) for affordable housing projects and the county's small lot subdivision provision and potential very small lot subdivision regulations approved in concept by the BCC provide and can provide for the development of affordable housing projects with higher densities and/or higher yields. Those provisions are appropriate tools for providing density increases for affordable housing projects. General density increases, however, are not acceptable in Indian River County and may not result in less.expensive homes. RECOMMENDATION: The county should maintain its affordable housing density bonus and small lot subdivision provisions for affordable housing projects and move forward with providing specific ordinance revision recommendations to the BCC for very small lot subdivisions and for increased density bonuses for affordable housing development projects. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes No ❑ 143 D.The reservation of infrastructure capacity for housing for very low income persons, low income persons, and moderate income persons. Consistent with state law, the Indian River County Comprehensive Plan provides that no development, including housing development, shall be approved unless there is sufficient infrastructure capacity or capacity funding available to serve the development. These requirements are contained in Chapter 910, Concurrency Management System, of the county's LDRs. This concurrency management requirement serves as the principal mechanism for ensuring that growth is managed in a manner consistent with the provisions of the comprehensive plan. In Indian River County, there are two types of concurrency certificates. One is a conditional concurrency certificate. A conditional concurrency certificate indicates that, at the time of conceptual development approval, there is sufficient capacity to accommodate the development. Conditional concurrency, however, does not require payment of impact fees and water and sewer capacity charges and does not vest, or guarantee, that capacity will be available at the time of building permit issuance. The second type of concurrency is initial concurrency. Initial Concurrency requires payment of impact fees and water and sewer capacity charges and vests (reserves capacity for) the development. In Indian River County, initial concurrency certificates vest capacity for the duration of the concurrency certificate, either one (1) year, three (3) years, or seven (7) years. According to county regulations, initial concurrency certificates may be issued only to projects with approved site plans or complete Land Development Permit applications. To obtain an initial concurrency certificate, an applicant must pay all applicable impact fees, as well as water and sewer capacity charges, in advance of development. This then vests the project and guarantees that adequate infrastructure will be available for the project at the time of building permit issuance:. The vesting will last for the duration of the concurrency certificate and will expire at the end of the concurrency certificate timeframe. After issuance of an initial concurrency certificate, an applicant must obtain all building permits associated with the initial concurrency certificate and pursue development to completion by obtaining a Certificate of Occupancy (CO). ANALYSIS: Reserving infrastructure capacity upfront for a project is important if there are deficiencies in concurrency related facilities. In Indian River County, there currently is sufficient capacity in all concurrency related facilities to accommodate development projects. Therefore, reserving capacity upfront is not a critical issue at this time. 144 As development activity increases in the future, however, capacity may become an issue. When that occurs, reserving capacity for a project may become an actuality. Reserving capacity for one project means that the capacity reserved for the project is not available for other projects. For that reason, the county requires that an applicant pay all impact fees and utility capacity charges in order to reserve capacity, thereby ensuring that the county has the funds to construct the increment of capacity consumed by the applicant's project. To date, no affordable housing project or unit has been denied due to concurrency requirements. RECOMMENDATION: The county should maintain its current concurrency management procedures which allow for upfront reservation of infrastructure capacity. Like other applicants, affordable housing applicants may apply for an Initial Concurrency Certificate and reserve infrastructure capacity upfront. Each time the county evaluates its affordable housing incentives, the county will also determine whether or not its concurrency requirements are an impediment to approving affordable housing projects or issuing permits for affordable housing units. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [�] No ❑ 145 E. Affordable accessory residential units. Through its land development regulations, Indian River County permits the construction of small dwelling units (second unit) as accessory to single family houses on a residentially zoned property. This regulation is intended to make inexpensive dwelling units associated with a primary residence available to low income households. Following is the applicable LDR section for accessory dwelling units. Section 971.41(10) of the LDRs Accessory Dwelling Unit. a) The construction of an accessory dwelling unit on a residentially zoned lot shall be allowed subject to the provisions of section 971.41(10). The standards and requirements of this section are intended to make available inexpensive dwelling units to meet the needs of older households, single member households, and single parent households. This is in recognition of the fact that housing costs continue to increase, that households continue to decline in size, and that the number of elderly Americans is on the rise, (b) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-3 A-2 A-1 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 RM -8 RM -10 Con -2 Con -3 Rose -4 RMH-6 RMH-8 I Requirements of section 971.41(10) shall not supersede property owner deed restrictions. (d) Additional information required: 1. A site plan conforming to Chapter 914 requirements. e) Criteria for accessory dwelling units: 1. Accessory dwelling units shall be located only on lots which satisfy the minimum lot size requirement of the applicable zoning district. 2. The accessory dwelling unit shall be clearly incidental to the principal dwelling and shall only be developed in conjunction with or after development of the principal dwelling unit. 3. Not more than one (1) accessory dwelling unit shall be established in conjunction with a principal dwelling unit. 4. No accessory dwelling unit shall be established in conjunction with a multifamily dwelling unit. 5. The heated/cooled gross floor area of the accessory dwelling unit shall not exceed thirty-three (33) percent of the heated/cooled gross floor area of the principal structure or seven hundred fifty (750) gross square feet, whichever is less. The accessory dwelling unit shall be no smaller than three hundred (300) gross square feet of heated/cooled area. 6. No accessory dwelling unit shall have a doorway entrance visible from the same street as the principal dwelling unit. 7. Detached accessory dwelling units shall be located no farther than seventy-five (75) feet in distance from the principal dwelling unit from the closest point of the principal dwelling unit to the closest point of the accessory dwelling unit. 8. Excluding converted garage accessory dwelling units, the accessory dwelling unit shall be designed so that the exterior facade material is similar in appearance to the facade of the existing principal structure. 9. One(]) off-street parking space shall be provided for the accessory dwelling unit in addition to spaces required for the principal dwelling unit. 10. The accessory dwelling unit shall be serviced by centralized water and wastewater, or meet the environmental health department's well and septic tank and drain field requirements. Modification, expansion or installation of well and/or septic.tank facilities to serve the accessory dwelling unit shall be 146 Attachment 1— BCC Staff Report 1 designed in a manner that does not render any adjacent vacant properties "unbuildable"for development when well and/or septic tank facilities would be required to service development on those adjacent properties. 11. No accessory dwelling unit shall be sold separately from the principal dwelling unit. The accessory dwelling unit and the principal dwelling unit shall be located on a single lot or parcel or on a combination of lots or parcels unified under a recorded unity of title document. 12. An accessory dwelling unit shall be treated as a multi family unit for traffic impact fee and traffic concurrency purposes, and the concurrency requirements of Chapter 910 for a multi family unit shall be satisfied On February 18, 2020, the BCC approved a recommendation by the AHAC to increase the square footage cap for accessory dwelling units from 33% to 50% of heated/cooled gross floor area of the principal home and to keep the 750 square foot under air cap, except for lots greater than one acre in size containing a principal residence greater than 2,500 square feet under air. In those cases, the accessory dwelling unit cap would be 1,000 square feet. While the BCC approved the AHAC recommendation, the next step to implement is to update the County's Land Development Regulations. ANALYSIS: On September 29, 1992, the Board of County Commissioners adopted the county's accessory dwelling unit provision. In Indian River County, accessory dwelling units are allowed in all residential zoning districts. In addition to allowing for these smaller units, Section 971.41(10) of the county's land development regulations establishes specific land use criteria to regulate the size, location and appearance of these units and prevent over crowding. Even though the county has allowed accessory dwelling units since 1992, these types of units were not popular until 2004, when the price of land and housing started to increase. When housing affordability became an issue, more people started looking at ways to create affordable housing units. One method was to build more accessory dwelling units. These types of units are appropriate as affordable housing units. Recently recommended revisions will allow more opportunities for homeowners to create more appropriately sized affordable housing units throughout the Unincorporated County. Most recently the Indian River County Community Development Department is in the process of creating a new program funded by American Rescue Plan funds to encourage the construction of ADUs as an affordable alternative in light of the current housing and public health crisis. RECOMMENDATION: The county's accessory dwelling unit provision with modifications proposed by AHAC is appropriate and should be modified as recommended. 147 BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [**/] No ❑ 148 F. The reduction of parking and setback requirements for affordable housing. As structured, the county's Land Development Regulations establish minimum setback and lot size requirements for both single family residential zoning districts and multiple family residential zoning districts. These setback requirements provide a standard separation between houses and between houses and roadways. For affordable housing projects, the small lot subdivision provisions of section 971.41 of the LDRs allow for a reduction of lot size and building setbacks for single family homes. In the RS -6 zoning district, for example, single family homes are required to have a minimum lot width of seventy (70) feet. With small lot subdivisions, however, lots having a minimum width of only fifty (50) feet and reduced side yard setbacks of seven (7) feet (instead of ten (10) feet) can be created. While rear yard setbacks are reduced from 20 feet to 15 feet, theminimum front yard setback on all single family homes from the edge of right-of-way is twenty (20) feet. This setback distance allows_for cars to be parked in the driveway and not block the sidewalk or impede pedestrian movement. More recently, the AHAC proposed and on February 18, 2020 the BCC approved the concept of allowing for very small lot subdivisions that would have lots as narrow as 36 feet. While the concept needs to be presented in code form to the BCC, itis anticipated that side, front, and rear yard setbacks will be similar to those of the County's small lot subdivision provisions. For residential uses, throughout the County's various residential zoning districts, the county requires two parking spaces for each dwelling unit. This requirement is detailed in section 954.05(56) and is as follows: Section 954.05(56) Single-family dwellings and duplexes. Two (2) spaces for each dwelling unit; single-family dwellings and duplexes shall be exempted from all other requirements in subsection 954.07(4) and 954.10. Uncovered parking spaces shall be exempted from the front yard setback requirements. ANALYSIS: To ensure health and safety, all residential development must meet current minimum parking and setback requirements for the appropriate zoning district as established in the county LDRs. For example, the county's 20 -foot minimum front yard setback provides enough distance, but not an excessive distance, for parking a vehicle in a driveway without the vehicle projecting into the sidewalk. Reducing or eliminating parking requirements would force residents to park in roadway rights-of-way. This could create safety issues unless minimum mandatory right-of-way widths are increased (which would reduce lot depth and area). Generally, reduced setbacks for affordable housing projects are appropriate, because reduced setbacks can increase yield and reduce housing prices. In Indian River County, 149 the small lot subdivision allowances provide for reduced lot sizes, as well as reduced side yards and reduced rear yards setbacks, for affordable housing projects only. The very small lot subdivision concept proposed by AHAC and conceptually approved by the BCC on February 18, 2020 would serve to maintain an appropriate front yard setback but would reduce lot widths to as little as 36 feet. This would provide for the development of more homes and help to reduce overall development costs, while maintaining minimal but acceptable setback distances. RECOMMENDATION: The county's current parking requirements are appropriate and should be maintained. Through its small lot subdivision allowance, the county provides for appropriate reduced setbacks for affordable housing projects. This small lot subdivision allowance should be maintained. The additional very small lot subdivision allowance should be evaluated further and considered for adoption provided appropriate spacing and setbacks can be achieved while providing for appropriate home size and configurations. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [I/] No ❑ 150 G. The allowance of flexible lot configuration, including zero lot line configurations for affordable housing. Currently, the Board of County Commissioners may grant waivers from the residential development standards found in Chapter 911 of the LDRs through the Planned Development (PD) process established in Chapter 915 of the county LDRs. If granted, these waivers can allow for development of small lot configuration, zero lot line and reduced setback projects. The waiver criteria for the PD process are found in section 915,15 of the LDRs and are provided below. Section 915.15. Planned development allowable waivers and development parameters. (1) Conceptual P.D. plans shall list, for all areas and phases within the P.D. project area, the proposed waivers and development parameters for the following: a. Minimum lot size (in square feet); b. Minimum lot width (in feet); c.. Minimum lot frontage (in feet); d Minimum yard setbacks for buildings: front, rear, and side, e. Minimum yard setbacks for accessory structures (such as pools, patios, and decks); front, rear, and side; f. Maximum lot coverage, building(s) and impervious surface area, g. Minimum separation distances between buildings; h. Minimum right-of-way widths (by road type); L Minimum open space per lot and by phase [Note. The minimum open space for the entire project shall meet or exceed the requirements ofsection 915.38.1 j. Minimum preservation/conservation area per lot. Note: more conceptual plan submittal requirements are listed -out in section 915.22 (2) Notwithstanding other provisions in this chapter (915) and Chapter 971, specific land use criteria listed in Chapter 971 may be waived (modified or not applied) where such criteria would merely apply to the compatibility of uses within the P.D. project area if approved by the county. Where specific land use criteria apply to the relationship of a use(s) within a P.D. project and properties adjacent to the project area, the specific land use criteria shall apply pursuant to the provisions of chapter 971. (3) The conventional standards and criteria found in Chapter 911, Zoning, not covered in section 915.15(1) shall apply unless otherwise specifically waived or modified by other provisions of this chapter. ANALYSIS: Generally, the PD process serves as a mechanism whereby the county can approve projects with reduced setbacks and/or mixed uses. The advantage of using the PD process instead of traditional zoning is that an applicant can increase or at least maximize his development project's density. In the PD process., however, there are development required trade-offs, such as additional landscaping, which are required to gain the waivers for smaller lots and higher yield. These trade-offs can have the effect of off -setting any housing unit price reductions due to increasing yield. The county's small lot subdivision allowance, however, provides for specific reduced lot sizes, and setbacks without requiring any specific waivers. This is anticipated to be to a greater extent true with potential very small lot subdivision regulations recommended by the AHAC and conceptually approved by the BCC on February 18, 2020. 151 RECOMMENDATION: The county should maintain its existing PD process which allows for waivers from conventional zoning standards (setbacks, lot size, etc.) as an available option for residential development projects. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes ['/] . No ❑ 152 H. The modification of street requirements for affordable housing. As adopted, the county's existing sidewalk and street requirements provide for minimum construction standards to ensure public safety. According to section 913.09(b)(1) (Subdivisions and Plats) of the LDRs, all subdivisions must comply with the minimum standards set forth in Chapter 952 (Traffic). While Chapter 952 sets the minimum right- of-way width for a local or residential street at 60 feet, the minimum right-of-way width may be reduced to 50 feet if the street is constructed with a curb and gutter drainage system. In both cases, however, minimum lane widths remain the same at 11 feet. Although there is a higher cost associated with curb and gutter construction than with swale drainage, the reduction in the amount of right-of-way can produce a higher yield for a project. These street right-of-way requirements can be modified through the Planned Development (PD) process. Following is the county's current minimum right-of-way requirement. 913.09(b)(1) Minimum street and rights-of-way widths. The minimum street and rights-of-way widths shall be as stated in Chapter 952, Traffic, of the LDRs. The board of county commissioners may require the increase of right-of-way andpavement widths if it finds that the modification in width is consistent with theprojected traffic needs and good engineering practice. No variance will be granted on minimum right-of-way widths for public streets. Right-of-way widths for one-way streets may be reduced from the above standards as approved by the public works director. ANALYSIS: As structured, the county's minimum street right-of-way width requirements are based on the minimum area needed to accommodate the various improvements that must be located in the right-of-way. Besides travel lanes, sidewalks, and drainage facilities, these improvements include water and sewer lines, gas lines, phone lines, cable lines, and others. Since the referenced improvements must be provided for in the road right-of-way, the county has determined that the minimum right of way width generally must be 60 feet for swale drainage roads and 50 feet for curb and gutter roadways. Reductions in those widths, however, may be accommodated via special designs approved through the County's PD (Planned Development) process. Because the county's minimum local road right-of-way width requirement may be modified through a PD process, when warranted, the county accommodates the subject incentive. RECOMMENDATION: The county's current street right-of-way general requirements are appropriate to ensure public safety, and the County's current allowance for modifications through the PD approval process should be maintained. 153 BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [�] No ❑ . 154 I. The establishment of a process by which local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. Currently, Policy 1.7 of the Housing Element of the Comprehensive Plan requires that a financial impact statement be provided to appropriate advisory committees as well as to the Board of County Commissioners prior to the adoption of any new county regulation that may increase the cost of housing. Below is Policy 1.7 of the Housing Element of the Comprehensive Plan which details the adoption process for county regulations that may increase the cost of new housing. POLICY 1.7. As part of the adoption process for any county regulation which could affect housing development, county:planning staff shall prepare a Financial Impact Statement to assess the anticipated impact of the proposed regulation on the cost of housing. When proposed regulatory activities are anticipated to increase the estimated cost per unit for the development of housing, the Financial Impact Statement shall include an estimated increased cost per unit projection. The financial impact statement then will be reviewed by the Planning and Zoning Commission, and, if possible, the Affordable Housing Advisory Committee. Those groups shall consider the regulation's effect on housing cost in making their recommendation to the Board of County Commissioners. The Board of County Commissioners will consider the financial impact statement in making its final decision on the adoption of any proposed regulations. ANALYSIS: Since 1994, staff has prepared Financial Impact Statements for all proposed new regulations impacting housing costs. By providing Financial Impact Statements of proposed regulations to decision -makers before the adoption of those regulations, planning staff ensures that decision -makers consider the costs as well as the benefits of proposed new policies, ordinances, and regulations. While these Financial Impact Statements do not prevent the Board of County Commissioners from adopting new regulations, the statements do provide the Board with an additional tool to measure the effect of proposed regulations. RECOMMENDATION: The county's current process of providing Financial Impact Statements to the Board of County Commissioners prior to adoption of any new regulations, ordinances, policies, procedures, or plan provisions that may increase the cost of affordable housing should be maintained. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [1/] 1► • ■ 155 J. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. In 2006, the Florida State Legislature passed HB 1363 relating to affordable housing. One provision of that bill was that each local government must prepare an inventory of all real property that it owns within its jurisdiction that is appropriate for use as affordable housing. Beginning in July 2007 then every 3 years thereafter, Indian River County needs to prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title and is appropriate for use as affordable housing. At a public hearing on June 19, 2007, the Board of County Commissioners reviewed an inventory list of 2007 county owned properties. The Board then adopted a resolution that included an inventory list of county owned properties that are appropriate for affordable housing. With respect to those properties, the Board of County Commissioners decided to donate the parcels to non-profit housing organizations for the construction of permanent affordable housing. Consistent with the legislature's three-year review requirement, the Board of County Commissioners, in 2010, 2013, 2016, and 2019 reviewed an associated inventory list of county owned properties appropriate for the provision of affordable housing. At those times, the Board decided to sell surplus properties and deposit the sale proceeds into the county's affordable housing trust fund and to donate surplus properties to non-profit affordable housing developers. Comprehensive Plan Housing Element Policy 2.4 provides for maintaining an inventory of all surplus county -owned land and making those lots available to housing developers. POLICY 2.4: The county's general services department shall, pursuant to section 125.379 F.S., maintain an inventory of all surplus county -owned land and foreclosed properties that are appropriate for affordable housing and dispose of these properties consistent with section 125.379 F.S. requirements. ANALYSIS: Consistent with state law, the Board of County Commissioners, in 2007, reviewed and approved an inventory list of county owned properties. Of all the properties on that list, ten were determined to be appropriate for affordable housing. The county then donated eight of these properties to non-profit affordable housing organizations for the construction of permanent affordable housing units. The non-profit housing organizations which received the donated lots were: Habitat for Humanity, Every Dream Has a Price, and the Coalition for Attainable Homes. Donating county owned surplus lands to non-profit housing organizations will reduce the. cost of affordable housing units on the donated properties and is an appropriate affordable housing tool. In 2010, 2013, 2016, and 2019 the county reviewed and approved its associated inventory lists of county owned properties. The board determined properties to be surplus and directed staff to donate certain properties to non-profit housing organizations and to sell remaining properties and deposit the proceeds to the county's affordable housing trust fund. 156 RECOMMENDATION: Policy 2.4 of the Housing Element should be maintained, and the county should continue to keep a list of county owned surplus properties appropriate for affordable housing and disposing of those properties. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [V] No ❑ 157 K. The support of development near transportation hubs and major employment centers and mixed-use developments. In Indian River County, the Future Land Use Map (FLUM) identifies areas appropriate for residential development and the appropriate density for those areas. The objective, of the FLUM is to create a land use pattern that situates residential development in close proximity to schools, health care facilities, employment centers, and major roadways. Policy 1.9 of the housing element provides support of development near transportation hubs, major development centers, and mixed-use developments. The policy reads as follows: Policy 1.9: The county shall support housing development near transportation hubs, major employment center, and mixed-use development by expediting the permit process for these types of housing projects. ANALYSIS: In Indian River County, the future land use map is an important tool in establishing appropriate locations for residential development. Generally, the map provides for residential development to be located near compatible land uses, existing neighborhoods, and proximate to public transportation, major employment centers, and community services. Ideally, affordable housing projects should be located near employment centers and transportation hubs for additional savings in terms of transportation cost and travel time.. For that reason, the county supports locating affordable housing developments near transportation hubs, major employment centers and mixed-use developments by expediting the permit process for these types of housing projects. RECOMMENDATION: The county should maintain housing element policy 1.9 for support of residential developments to be located near transportation hubs, employment centers, and mixed-use developments by expediting permit review for these types of developments. At its next Evaluation and Appraisal Report (EAR) review, the county will examine its land use policies and land use designations to determine if such policies and designations are appropriate for encouraging development near transportation hubs and major employment centers and consistent with a recent AHAC recommendation will evaluate the need for additional multi -family allowances (either through increased multi -family zoning or increased allowances for multi -family housing in other zoning districts). Solutions wilt be reviewed with the County Attorney to consider any potential legal issues and proposed to the BCC. 158 BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [**/] No ❑ Other Housing Strategies Besides the affordable housing incentives listed in paragraphs A through K of Section 420.9076 F.S., the county has established several other policies to assist non-profit housing organizations to provide affordable housing throughout the county. Community Land Trust (CLT) Policy 4.10 of the Housing Element reads as follows: Policy 4.10: the county shall assist non profit housing organizations in establishing Community Land Trusts (CLT) by providing technical support to those organizations. One tool to provide homeownership opportunities to households that would otherwise be renters is a Community Land Trust. A Community Land Trust (CLT) is a nonprofit organization that seeks to preserve housing affordability over the long term. By selling homes to low or moderate -income families, but retaining ownership of the land under those homes, a CLT preserves housing affordability even after an affordable housing unit is sold. Generally, a CLT leases a land parcel to a homeowner for 99 years, while the homeowner owns the structure on the land. In the land trust model, buyers of land trust homes agree that, when they move, they will sell their home to another low or moderate -income family at an affordable price. Consequently, resale. of CLT units is limited to income eligible households, and resale prices are limited to keep CLT units affordable for the next homebuyer. By owning. the land under the house, the land trust ensuresthat the subsidy is retained for the benefit of subsequent families. Therefore, the owner of a CLT unit may share in the equity produced by the sale of a CLT unit, but will not realize a market rate of return. According to the Central Florida Workforce Housing Toolkit, some of the most established CLT's are Durham, North Carolina; Burlington, Vermont; The New Town, Tempe, Arizona; Sawmill, Albuquerque, New Mexico; Middle Key, Florida; and Hannibal Square, Winter Park, Florida. Generally, CLTs are used: ■ In fast-growing areas, where the price of real estate is escalating rapidly. They can be used in gentrifying areas to preserve a community's character. Limits on resale prices ensure that some housing remains affordable, even in these areas. ■ In disinvested neighborhoods, where CLTs can be used to increase owner occupancy, decrease absentee ownership, improve the physical condition of housing and stabilize Attachment 1— BCC Staff Report 27159 the community. Such CLTs assist not only the buyers of the CLT homes, but also existing homeowners in the area, who likely are lower income families. ■ In expensive resort communities, where CLTs can provide housing for the community's workers. Benefits: - . Provides permanent stock of affordable & workforce housing - Lowers housing cost - Provides some return of equity - Provides for deduction of mortgage interest payments - Provides financial stability (no fear of rent increase) - . No cost to the county Issues: Better for a household than renting, but not as good as traditional home ownership - Resale restriction limits ability of the owner to utilize full equity - Resale formula must be prepared carefully to provide some benefit to homeowner without making the house unaffordable for the next homebuyer - Mechanics of resales (direct sale or through CLT) are complicated and must be established upfront - Payment of ad valorem taxes and insurance are additional costs that an owner of a CLT home must incur that a renter does not Conclusion: A CLT is an effective method of providing affordable homeownership opportunities. Although CLTs are generally established by private non-profit groups, local governments usually assist non-profit housing groups which are willing to form CLTs. This assistance may involve providing technical assistance, providing surplus properties appropriate for affordable housing and others. RECOMMENDATION: The county should maintain Housing Element policy 4.10 for assisting non-profit housing organizations seeking to establish a CLT. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes No ❑ 160 Private/Public Housing Trust Fund Policy 4.13 of the Housing Element reads as follows: Policy 4.13: The county shall create a new private/public housing trust fund. Generally, Housing Trust Funds are established through an ordinance or legislation passed by a county, city, or state legislature. Two steps are necessary to create a Housing Trust Fund. First, a revenue source must be dedicated to the Housing Trust Fund, or other obligations (e.g., developer extractions) that create revenue must be established. Second, the Housing Trust Fund must be created as a separate and distinct entity that can receive and disburse funds. Currently, the county has a housing trust fund for SHIP program funds and an HHR trust fund for HHR program funds. A private/public housing trust fund may be established by a city or county to collect public and private funds that may be used to assist income eligible households with the provision of affordable housing. A private/public trust fund would be separate from a SHIP trust fund. Benefits: - Can provide gap financing (low interest loan or grant) - No cost to the county, unless the county decides to contribute to the trust fund - Local governments that cannot provide affordable housing within their jurisdictions could contribute to a trust fund - Could be used as match to get other federal or state funds - Additional funding for provision of Affordable or Workforce Housing (gap financing or leveraging other funds). Issues: No major issues Conclusion: Establishing a private/public housing trust fund could facilitate the provision of more affordable housing. Within Indian River County, high cost barrier island towns that cannot provide affordable housing within their jurisdiction could contribute to a private/public affordable housing trust fund. Also, private parties, businesses, and developers could contribute money to this trust fund. RECOMMENDATION: The county should maintain Housing Element policy 4.13 for its current SHIP trust fund and in support of other trust funds that may be established in the future. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [`/] No ❑ 161 Community Development Corporation (CDC) Policy 4.11 of the Housing Element reads as follows: Policy 4.11: The county shall assist non-profit organizations in establishing Community Development Corporations (CDC) by providing technical support to those organizations. Community Development Corporation (CDC) is a broad term referring to not-for-profit organizations incorporated to provide programs, offer services, and engage in other activities that promote and support a community. CDCs usually serve a geographic location such as a neighborhood or a town. They often focus on serving lower-income residents or struggling neighborhoods. They can be involved in a variety of activities, including economic development, education, and real estate development. These organizations are often associated with the development of affordable housing. Activities: ■ Real estate development - affordable housing ■ Economic development -small business lending -small business technical assistance -small business incubation (i.e. provision of space at low or no cost to start-up businesses) ■ Education -early childhood education -workforce training ■ Non-profit incubation ■ Youth and leadership development ■ Advocacy ■ Community Planning ■ Community Organizing Benefits: - Facilitates development of affordable or workforce housing Advocates for affordable housing - No cost to the county Issues: - No major issues Conclusion: An active CDC can assist with the provision of affordable housing. RECOMMENDATION: The county should maintain policy 4.11 of the Housing Element for providing assistance to any not-for-profit organization proposing to form a CDC. 162 BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [1/] No 163 Employer Assisted Housing Policy 4.12 of the Housing Element reads as follows: Policy 4.12: The county shall assist employers with establishing employer assisted housing projects by providing technical support to those employers. Employer Assisted Housing (EAH) is an initiative where employers can assist their employees in purchasing a home; in exchange, the employer is guaranteed that the participating employee will remain with the firm for a designated period of time. The employee benefits as he/she receives substantial assistance in obtaining a home. The employer benefits as the program is an effective recruitment tool and aids in the retention of employees. Employers who wish to assist employees with housing can undertake any number of activities, including: providing (or partnering with another agency to provide) homeownership education and counseling services; providing down payment assistance, closing cost assistance and/or second mortgage financing as grants, low or no -interest loans or forgivable loans; offering an employee a savings plan with the employer making a matching contribution; providing a mortgage guarantee to assist employees with securing financing; or acquiring property to rent to employees, either at market or subsidized rates. Employer assisted housing programs generally are used in areas where housing prices are high and/or unemployment is low, and in areas where one employer is dominant. Benefits: Issues: Provision of affordable or workforce housing Effective recruitment and retention tools for large private and public employers Additional cost to employer Conclusion: Employer assisted housing is an effective program for employers to provide affordable housing for workers and to retain those workers for longer periods. RECOMMENDATION: The county should maintain Housing Element policy 4.12 for assisting employers with establishing an employer assisted housing program. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [V] No ❑ 164 New Construction Technologies Policy 1.8 of the Housing Element reads as follows: Policy 1.8: The county shall expedite permits for housing projects utilizing new construction technologies, including green building programs and Energy STAR® Program. New construction technologies (such as modular homes, factory made tiny homes, etc.) and new green building programs may be utilized for the provision of affordable housing. In some cases, new construction technologies can expedite the construction of new affordable homes and be more cost effective. As part of the January 22, 2020 AHAC recommendations approved by the BCC, is a recommendation to develop tiny and modular home information packets. Those packets once developed will be made available to homeowners and builders to inform them of the possibilities, key code allowances and requirements, and reviewprocesses related to them. The informational packets should serve to promote more affordable housing by simply presenting the option and helping, to facilitate their expedited development through prompt/informative information. Benefits: Issues: Decreases housing cost Expedites housing production None Conclusion: This is an effective way of reducing housing cost. Currently, the county allows new construction technologies, including green building programs, and expedites permits for affordable housing projects. Providing detailed information will help to encourage and ultimately facilitate development of new affordable housing types. RECOMMENDATION: The county should maintain Housing Element policy 1.8 for expediting permits for affordable housing projects utilizing new construction technologies and green building programs. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes. [V] I No ❑ 165 CONCLUSION Since adoption of the County's Comprehensive Plan Housing Element in 1990, adoption of the County's Affordable Housing Incentive Plan in 1994, . and then adoption of the County's EAR based amendments in 2010, the county has established and maintained a number of affordable housing incentives. As such, Indian River County currently provides ten of the eleven affordable housing incentives listed in items A through K of Section 420.9076(4) F.S. For reasons explained in the analysis, the .item H incentive relating to modification of street requirements has. not been adopted and is not recommended for adoption. In the past, the county's ten adopted affordable housing incentives have worked well in encouraging non-profit housing organizations and for-profit affordable housing developers to provide affordable housing. Recent analysis by the AHAC, however, has identified opportunity for revision to several of the existing incentive strategies. Those proposed revisions include ordinance revisions: to allow very small lot. subdivisions (in addition to the current allowance for small lot subdivisions), increased accessory dwelling unit size, and greater affordable housing development density. To be implemented, each will need to be reviewed in greater detail, drafted in ordinance format, and presented to the BCC for final review and consideration. The table on the next page provides a summary of recommendations for items A through K of Section 420.9076, F.S. 166 1 ■-a � S= N c o N y L� C b C• Q" d U Cd L C CIS VU tP -`np CCS O U O N QY G. N rn W LL b C LU Oo.�U U y �+ •� N 00 a> O ti C p O y O L OD LLI L p 'm >L+ 00 U ,-. G W '� .-• O vi C ❑ •Y O >l V � � � •� � U � •� � •,��. � � � � � ice.. .� � � n Oa .O 0 m N U pA r11 N X1.1 L� • ..�-. Y �.'WO• U a� a'O.+ WO C O a> 0 i1 C G 'O 0 a y O 0 N O U 7 4: r w OL •� C> cd C w ¢w bq th w � w��� Op U to c W°.� �, F- n Y, >, .� 0 N U0 U O o C13O o c apo 0 3 0 r 00>t ° 0�0°0 0 x n0y x 0 x u=°o ti oo i � o U °' 7 y .bO 0 �L tc > cl •7. ^CCcz . ., .00 .c CO fC /.. V1 •.. C u d Rei •L d cam. Q. R. d .r. z :r 0 �d �o w L O � O L 6� .0 d � I 6> � � w d �U o � N L > L on 5 �s v cn w ti C on a� S.0 � 0 U a� O P. L cz c0 00 0 0 O N Y �y y Y U it O bA •r- O VJ •� ("% 0-40 v� W cz o d ° a� w c L E SO Oct. Cz a w o a U 0as cz �° 3 = o 0 N o C° �+ �o E .Y C ¢ •N - 3 aci r ' w V �+ NCC R C 0 3 a N O G (0 is N 0 yco O ,, cn o o o on 3 :o rs L s o c an a (\/1 N �• - a U c U C y w CV 0 ^° ou 0 o a a' N ci o c ° w ° o o N a3i •0 N y fd N N N [ c°i N q iR. N .`c it N N L >l "wd >l >1 o ~ .O •oN •O 0 0 O 'O CC O O .� N }' O N v- cr O o U E N C U s. O Q U C O. U •� U+ y U ma r. Cs C Y N. U 0. �..N O ' C •Y G •aC* 0 Q y •� ❑_ • R C N p' �R, .cs Q ' CC CG ♦R+ Ci U .O Cd U c R bA L7 "0 ❑_ 3 C N •N c �rr `°w + o ��c `� > o 0 0 .O G d v as a cl O 0 i ` d d 0 O z 0 N wQR W L N O V] p i a s .c ,c c R � � d O �U d D G O • w' N y bQ Y y U N oc y bb oA a+ 40, L U CL �O�+ c G ° O • .O O bA O v O > O NOy .� O U U "p. U Z=+ ,b •O y'O ,O Ox o cr ca c o 3 0> a o c rA ¢ ;: CC (U/1 m a.; w - L w °U 0 � m S o C-1) C Ccs U a U Ell w w C7 x ti SO Oct. Cz a w FIR, M CCi /U/�y� F�1 w � k4U C cu E E E U O O OA OA bqto c 91 .rr+ rA C4 r�rrrcq: O E Q N D p ti N O O O O U a� ., A o °cla .a c d E c v a .cmL Q O L a a Q 0 z c o • r� cd cc �o sR. o � o c. a 10 0 b4 C O cu C 0 0 o aHQ wxzH E FIR, M CCi /U/�y� F�1 AHAC RECOMMENDATION: The Affordable Housing Advisory Committee recommends that the Board of County Commissioners approve the 2021 AHAC Report, maintain the county's current affordable housing incentives, and proceed with additional revisions to the incentive as outlined in this report. FXommunity Development\SHIP\AHAMNNUAL INCENTIVE REPORT AND LHAP REVISIONS\2021 Incentives Report\AHAC 2021 report_draft.docx 170 38 RESOLUTION NO. 2021- A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING .ADVISORY COMMITTEE (AHAC) 2021 REPORT AND DIRECTING STAFF TO SUBMIT THE COUNTY'S LOCAL HOUSING ASSISTANCE PLAN TO FLORIDA HOUSING FINANCE CORPORATION (FHFC) WHEREAS, The County, on April 6, 1993, adopted ordinance 93-13, establishing the county's Local Housing Assistance Program pursuant to section 420.9072, Florida Statutes and Rule 67-37, F.A.C.; and WHEREAS, pursuant to revised Section 420.9076(4), F.S., each local government participating in the State Housing Initiatives Partnership (SHIP) program must prepare an Affordable Housing Advisory Committee Report that recommends to the local governing body specific actions or initiatives to encourage or facilitate affordable housing; and WHEREAS, the Indian River County Affordable Housing Advisory Committee (AHAC) held a public hearing pursuant to the requirements of Section 420.9076(5), F.S., on November 10, 2021 to review the Affordable Housing Advisory Committee's 2021 Report; and WHEREAS, the AHAC at its November 10, 2021 public hearing voted to recommend that the Board of County Commissioners approve the report; and WHEREAS, a copy of the Affordable Housing Advisory Committee report must be submitted to the Florida Housing Finance Corporation by December 31, 2021; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida THAT: Section 1. The above recitals are ratified in their entirety. Section 2. Attachment 2 — BCC Staff Report 171 RESOLUTION NO. 2021 - The attached Indian River County Affordable Housing Advisory Committee 2021 Report is hereby approved. Section 3. Staff is directed to submit a copy of the AHAC report to the Florida Housing Finance Corporation by December 31, 2021. The foregoing resolution was offered by Commissioner and seconded by Commissioner , and being put to a vote, the vote was as follows: Chairman, Peter D. O'Bryan Vice Chairman, Joseph H. Earman Commissioner, Susan Adams Commissioner, Joseph E. Flescher Commissioner, Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 7th day of December, 2021. (Signatures on next page) 2 Attachment 2 — BCC Staff Report 172 RESOLUTION NO. 2021 - Board of County Commissioners of Indian River County Peter D. O'Bryan, Chairman Attest by: Jeffrey R. Smith, Clerk of Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold County Attorney F:\Community Development\SHIP\AHAC\ANNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives Report\BCC Item - Incentives Report\2a - RESOLUTION for 2020 AHAC Report - BCC Report Attachment 2.docx 3 Attachment 2 — BCC Staff Report 173 M INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Directorate Brian Freeman, Al CP; MPO Staff Director FROM: Jon Howard; Senior Transportation Planner DATE: November 23, 2021 SUBJECT: Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Public Transportation Block Grant it is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 7, 2021. DESCRIPTION & CONDITIONS Each year, Indian River County receives public transportation operating assistance through the Florida Department of Transportation (FDOT) Public Transportation Block Grant program. The FDOT Block Grant funds are combined with local funds as a match towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program) and Section 5311 (also known as the Rural Area Formula Grant program). These state and federal grant funds are passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed -route) and the Community Coach (demand response) transit services. For FY 2021/22, $660,879 is allocated through the Block Grant program to the county. This year, the state legislature has waived local match requirements. As a result, there is no local match required for this year's allocation. It is expected that the local match will return for the Block Grant Program next.year. ANALYSIS As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Block Grant funds pursuant. to state regulations. Also, activities funded with Block Grant funds must be consistent with applicable approved local government comprehensive and transit plans. F:\Community Development\Users\MPO\Transit\Grants\Block\2022\PTGA\2022 staff report.docx 174 In this case, the provision of transit service is consistent with the MPO's adopted 10 -year Transit Development Plan and 2045 Long Range Transportation Plan. To receive the Block Grant funds, the County must enter into a Public Transportation Grant Agreement with FDOT, a copy of which is attached to this staff report (Attachment #2). The attached resolution (Attachment #1) authorizes the Chairman of the Board of County Commissioners to execute the PTGA for Public Transportation Block Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the PTGA, County staff will transmit the grant agreement to FDOT. Once the PTGA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider. The grant agreement covers a three-year period and includes funding for the first year (FY 2021/22). Any unexpended funds in the first year will carry over to the remaining two years of the agreement. FUNDING There is no local match required for the Public Transportation Block Grant Program this year. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Public Transportation Grant Agreement and adopt the resolution authorizing.the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Grant Agreement 2. FDOT Public Transportation Grant Agreement 3. Grant Budget Form F:\Comm unity. Development\Users\MPO\Transit\Grants\Bloc&\2022\PTGA\2022 staff report.docx 173 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and WHEREAS, Indian River County intends to submit an FY 2021/22 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 2021/22 Florida Public Transportation Block Grant; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Public Transportation Block Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain FY 2021/22 Florida Public Transportation Block Grant funding to be used as a partial match for operating assistance as part of the County's FY 2021/22 Section 5307 grant application. 2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's FY 2021/22 Public Transportation Block Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice -Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss 176 The Chairperson thereupon declared the resolution duly passed and adopted this 7th day of December , 2021. BOARD OF COUNTY COMMSSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Peter D. O'Bryan, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 7th day of December , 2021. Notary Public APPROVED AS TO LEGAL SUFFICIENCY SEAL: Dylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS Phil Matson, AICP, Director Community Development Department 177 Financial Project Number(s): (item -segment -phase -sequence) 407190-5-84-01 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Fund(s): Form 725.000-01 STRATEGIC DEVELOPMENT OGC 712021 DPTO FLAIR Category Work Activity Code/Function: 215 Object Code: Federal Number/Federal Award Org. Code: Identification Number (FAIN) — Transit only: Vendor Number: Federal Award Date: N/A Agency DUNS Number: 79208989 N/A 55.010 Public Transit Block Grant Proqram 088774 751000 55042010429 VF596000674006 THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department of Transportation, ("Department"), and Indian River County BOCC, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.052, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in Block Grant funding for operating assistance to Indian River County BOCC for its urbanized area public transportation (no LF Local Matching Funds required for Fiscal Year 2022), as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ "Exhibit 131: Deferred Reimbursement Financial Provisions "Exhibit B2: Advance Payment Financial Provisions _ *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X "Exhibit G: Audit Requirements for Awards of State Financial Assistance 178 GRANT AGREEMENT *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through June 30, 2025. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 179 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT occnzos1 9. Project Cost: a. The estimated total cost of the Project is $660,879. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $660,879 and, the Department's participation in the Project shall not exceed 100.00% of the total eligible cost of the Project,, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers: 180 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT occ 7/2021 f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. 181 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC712021 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I: Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved 182 GRANT AGREEMENT in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. —If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): L —Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. —Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make 183 GRANT AGREEMENT best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occ 7/2021 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. I. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any 185 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT occ7noz1 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to .further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(cDdot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv: The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at httos://harvester.census.Qov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(c)dot.state.fl.us within the earlier of 30 calendar.days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F - Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an 186 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT occ7no21 audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(-dot.state.fl. us State Funded:. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply. and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial 187 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT occ 7/2021 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of. Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall. ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(@dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid. from the Agency's resources (Le., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit()dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen Iocalaovt()aud.state.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. A. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 188 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occ7noz1 vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity. for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 189 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGc7no21 d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E -Verify. The Agency shall: I. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole -source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims 190 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT occnzoz1 for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEOV), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or 191 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occnsos1 coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 192 GRANT AGREEMENT f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY Indian River County BOCC STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Steven C. Braun. P.E. Name: Title: Director of Transportation Development Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 193 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occozno EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Block Grart funding for operating assistance to Indian River County BOCC for its urbanized area public transportation (no LF Local Matching Funds required for Fiscal Year 2022) B. Project Location (limits, city, county, map): Indian River County BOCCNero Beach, FL/Indian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): 1) Refer to Exhibit E and Exhibit F of original PTGA. 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area. 4) Certification verifying adoption of a System Safety Program Plan. 5) Quarterly reports submitted with invoices. 6) Submit invoice every three (3) months, at minimum. 7) A copy of the most recent active CTC agreement. D. Deliverable(s): 1) Submit a copy of the national Transit Data Base (Section 5335) report submitted to FTA or FTA acknowledgement letter as soon as available. 2) Submit for approval the performance measure identified in Table A-1 Required Performance Measure for Newspaper Publication of FDOT Procedure 725-030-030 each year, as identified below: Passenger Trips 194 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS occozno Revenue Miles Total Operating Revenue Operating Revenue Vehicles Operating in Maximum Service Base Fare Revenue Miles Between Vehicle Systems Failures Days/Hours Service is Available Operating Expense per Passenger Trip 3) Submit the publisher's affidavit from newspaper covering the transit service area that the performance measures identified in Table A-1 Required Performance Measure for Newspaper Publication of FDOT Procedure 725-030-030 were published each year after the Department written approval. 4) Submit a copy of the Transit Development Plan (TDP) annual progress report or updates each year. 5) Submit quarterly progress reports via TransCIP, the web -based state grant management software, by logging into http://www2.transcip.com. 6) Submit an invoice on the project at least every quarter (any exceptions should be communicated to Project Manager in a timely manner). The email must be included in the invoice packet submitted to the Department. The Agency shall upload a copy of invoice to TransCIP and email the original to D40MDID@dot.state.fl.us for processing. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. 195 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGCO2/20 E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal cell phones, office parties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsicy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, alo-ig with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. 196 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occozno EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number $0 $0 Year Travel Plumber $0 $0 407190-5-84-01 DPTO 088774 2022 751000 55.010 Public Transit Block Grant Funding $660,879.00 407190-5-8401 LF $0 2022 $660,879 $0 No LF Local Matching Funds Required $0.00 for Fiscal Year 2022 Total Financial Assistance $660,879 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $660,879 $0 $0 $660,879 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $660,879 $0 $0 $660,879 - budget category amounts are estimates and can be shitted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category ras been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3L75, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Paula Scott Department Grant Manager Name Signature Date 197 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OCC 02120 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 198 Page 21 of 26 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ 02120 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (For State Block Grant Only) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 341.052, F.S. 2. Eligibility. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Section 341.052(1), F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. a) Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. b) Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. 3. Local Revenue Limits. Block grant funds shall not exceed local revenue during the term of this Agreement. Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities. 4. Supplanting Local Tax Revenue. Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this Agreement. 5. State Participation. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equai to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. 6. Required Audit. The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue... funds shall not be expended for depreciation or amortization of capital assets ... funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Section 341.052, F.S., have been adhered to. 7. Required Budget. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they wil I appear in the NTD report, can be identified. 8. Required Publication of Productivity and Performance Measures. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department prior to its publication. This report shall be submitted to the Department no later than November 15 of each year, and published either by December 31 or no later than twenty-eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. 199 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occoz/20 9. Annual Plan or Update. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. a) As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to Section 341.071(2), F.S. b) A TDP shall conform to the requirements in Rule 14-73, available at: h ttp://fac. dos. state.fl. u s/faconline/chapterl 4. pdf. 10. Safety Requirements. Mark the required Safety .submittal or provisions for this Agreement if applicable: Bus Transit System — In accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway Transportation System (established) — In accordance with Section 341.061, F.S., the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety and Security Program Plan, pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Fixed Guideway Transportation System — This applies to New Starts projects and subsequent major projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment. In accordance with Section 341.061, F.S., the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the new start system or major modification to an existing system i3 safe for passenger service. Not Applicable. 11. Transit Vehicle Inventory Management. The agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which oLAines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Secticn 5316 and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Departmental programs. 12. Formula Information. As authorized in Section 341.052, F.S., the annual appropriation in the program is divided by formula and then distributed to each eligible transit system. The formula described below is adjusted each year based on data received from the transit systems' federally required National Transit Data (NTD) report. A copy of the NTD report is required to be sent to the Department each year. Distribution is accomplished through a multiple step process. 15% of the appropriation is given to the Commission for the Transportation Disadvantaged to be distributed to the Community Transportation Coordinators in accordance with Chapter 427, F.S. The remaining 85% is divided into three equal portions. Each eligible transit system gets a percentage of the first portion based on their percentage of total population served; the second portion is allocated based on their percentage of total revenue miles of service provided; 200 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occoziz0 and the third portion is allocated based on their percentage of total passengers carried. The total from all three portions is the total available allocation for each eligible transit system in the state. -- End of Exhibit E -- 201 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occozrz0 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.mvfloddacfo.com/Division/AA/Manu-ls/documents/ReferenceGuideforStateExpenditures pdf 202 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02120 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: -- Awarding Agency: Florida Department of Transportation State Project Title: Public Transit Block Grant Program CSFA Number: 55.010 *Award Amount: $660,879 *The award amount may change with amendments Specific project information for CSFA Number 55.010 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.010 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx 203 GRANT NAME: Florida Public Transportation Block Grant GRANT #: NA AMOUNT OF GRANT: $660,879 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Jon Howard PHONE #: (772) 226-1672 1. How long is the grant for? Three Years Starting Date: January 1, 2022 Description Position Position Position Position Position 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 0 % Retirement Contributions 5. Grant match amount required: Life and Health Insurance 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Worker's Compensation N/A Soc. Sec. Medicare Matching 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? $ (Attach a detailed listing of costs.) $ 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Fifth Year Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over gree years? $00 204 Grant Amount Other Matching Costs Match Total First Year $660,879 $ $ $660,879 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 204 ids INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 18, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Donation of Excess Lawn Equipment to the Gulf Stream Council of the Boy Scouts of America BACKGROUND: On November 10, 2020, the Board of County Commissioners awarded Bid 2021004 for Mowing at Fire Rescue Stations. Prior to that award, lawn maintenance had been performed by on duty crews using on site equipment, which can now be declared excess. The Gulf Stream Council of the Boy Scouts of America has submitted a request for the donation of some of that equipment to maintain Camp Oklawaha in Sebastian. The equipment requested to be donated is: Asset 22483 Asset 28401 Gravely Riding Mower Hustler Riding Mower Echo Weed Eater Echo Weed Eater Echo Weed Eater The requested items have no book value. Model 3300 SN 14102080 SN 572812353476 SN S72812368053 SN S73112059472 Florida Statutes authorize the County to donate or sell surplus property to private nonprofit agencies as defined in s. 273.01(3), under which the Council is authorized. Evidence of their status is available for review in the Purchasing Division. RECOMMENDATION: Staff recommends the Board designate the listed equipment as surplus and authorize their donation to the Gulf Stream Council of the Bey Scouts of America. Attachment: Gulf Stream Council of Boy Scouts of America Request Memo 205 BOY SCOUTS OF AMERICA GULF STREAM COUNCIL November 15, 2021 Jennifer Hyde, NIGP-CPP, CPPO Purchasing Manager Indian River County 1800 27th Street Vero Beach, FL 32960 Dear Ms. Hyde: Chartered in 1914, the Gulf Stream Council of the Boy Scouts of America serves over 6,800 youth and 2,500 adult volunteers in Palm Beach, Martin, St. Lucie, Indian River, Glades, Okeechobee, and Hendry counties. Scouting provides educational programming for young men and women designed to build character, citizenship, and fitness through fun, adventure, service, achievement, and leadership training. This programming is often offered at our camps, one of which, Camp Oklawaha, is located in Sebastian. Camp Oklawaha is a 60 acre wooded site offering Scouts camping, swimming, fishing, archery, canoeing and other outdoor activities. The camp is maintained by a part-time ranger and local volunteers who work diligently to make sure the property does not get overgrown. Recently, the camp's ride -on mower and push mower have both stopped working and seem to be beyond repair. For this reason, we are asking the Board of County Commissioners to donate the surplus equipment described below to the Gulf Stream Council for use at Camp Oklawaha. • Gravely Riding Mower Serial # 3300, Asset # 22483 • Hustler Riding Mower Serial # 14102080, Asset # 28401 • Echo Weed Eater S72812353476 • Echo Weed Eater S72812368053 • Echo Weed Eater 573112059472 Thank you for your consideration. If you have any questions, please don't hesitate to contact us. Sincerely, Terrence Hamilton Scout Executive/CEO 8335 North Military Trail Palm Beach Gardens, FL 33410 (561)694-8585 - Office • (561)694-9050 - Fax M6 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 18, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Authorization to Provide 60 -day Notice of Intent to Terminate Agreement for Custodial Services for County Buildings with High Sources, Inc. BACKGROUND: On March 2, 2021, the Board of County Commissioners awarded Bid 2021013 — Annual Custodial Services for County Buildings to three firms. High Sources, Inc. ("High Sources") was awarded Group 2, Administration Complex (Buildings A and B and the Health Department) at a monthly cost of $11,300. The initial term of the agreement was one year, and is set to expire on March 30, 2022. From the inception of the contract, High Sources has failed to perform in accordance with the scope of services and agreement. Staff has discussed with the contractor and documented consistent and repetitive issues that remain unresolved, such as failure to vacuum, restock paper supplies in restrooms, and areas not cleaned at all. Although staff has spoken to and met with the contractor on numerous occasions, little to no improvement has been realized. Complaints of lack of service from internal staff, as well as constitutional officers housed in the affected buildings, continue. Documentation on the complaints and discussions is available for review in the Facilities Management Division. The agreement allows termination for any reason, upon sixty (60) days' prior written notice, as well as upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. While staff believes substantial failure has occurred, staff would prefer to provide 60 days' written notice on December 7, 2021, with the agreement terminating on Saturday, February 5, 2022. This timeline will enable a new bid for the services to be advertised and awarded, and ideally allow for a smooth transition in service. FUNDING: There is no cost to terminate the agreement or -e-bid of the services. Funding for the custodial work is available in the General Fund, Facilities Management—Janitorial Services account, 00122019-033410. 207 RECOMMENDATION: Staff recommends the Board authorize staff to provide 60 -day notice of intent to terminate the agreement to High Sources, Inc., and rebid the services for the Administration Complex. 208 S5 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 19, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: First Amendment to Agreement with Florida Armature Works for As Needed Motor and Pump Repair BACKGROUND: On August 13, 2019, the Board of County Commissioners approved agreements with two firms as a result of a Request for Proposals (RFP) for inspection, evaluation and repair of various types of pumps, fans and motors utilized throughout the Utilities Department. The current term of the agreements with Florida Armature Works and Kaman Industries are effective though August 12, 2022. The City of Port St. Lucie has asked for authorization to piggyback the agreement with Florida Armature Works. The County utilizes piggybacking of agreements solicited and awarded by other agencies and typically includes the ability for other agencies to utilize our agreements in our bids, as well. As a form of cooperative agreement, this practice saves staff time in preparing, receiving, reviewing and awarding solicitations. Our invitation to bid documents typically state other agencies are able to utilize our resulting agreements, unless the bidder specifically objects in their bid submittal. Because the Annual Motor and Pump repair was solicited as a Request for Proposals, the piggyback clause was not present in the RFP or agreement. Therefore, an amendment is necessary to authorize the City of Port St. Lucie, and other municipalities, to utilize our agreement and pricing with Florida Armature Works. FUNDING: There is no cost associated with this request. RECOMMENDATION: Staff recommends the Board approve the First Amendment to the Agreement and authorize the Chairman to sign it after the County Attorney has approved it as to form and legal sufficiency. Attachment First Amendment to Agreement 209 FIRST AMENDMENT TO AGREEMENT FOR AS NEEDED MOTOR AND PUMP REPAIR SERVICES BETWEEN FLORIDA ARMATURE WORKS AND INDIAN RIVER COUNTY, FLORIDA This is the First Amendment to the Agreement for as Needed Motor and Pump Repair Services dated August 13, 2019, between Florida Armature Works, Inc. (CONTRACTOR) and Indian River County, a political subdivision of the State of Florida, 1801 271h Street. Vero Beach, Florida, 32960 (COUNTY). WHEREAS, the Parties entered into an Agreement for As Needed Motor and Pump Repair Services dated August 13, 2019; and WHEREAS, the parties desire to amend Article 7 — Contractor's Representations to include e -Verify requirements; WHEREAS, the parties desire to amend Article 9 — Miscellaneous to include Co -Operative Purchasing; NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and CONSULTANT agree as follows: follows: The Agreement for As Needed Motor and Pump Repair Services dated August 13, 2019, is amended as Article 7 — Contractor's Representations — Edd the following item: 7.01 (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. Article 9 — Miscellaneous — add the following: 9.07 COUNTY and CONTRACTOR acknowledge the right of other Florida Governmental agencies to utilize this agreement, when appropriate. CONTRACTOR and the requesting Governmental agency, apart from Indian River County, shall handle any such purchases separately. Further, COUNTY assumes no liability for materials or services ordered by any other Governmental agency by virtue of this agreement. Except as supplemented herein, the terms and conditions of the Agreement shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control. This Amendment No. 1, regardless of where exec.ated, shall be governed by and construed according to the laws of the State of Florida. 210 IN WITNESS WHEREOF, this Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. CONTRACTOR: LZE Printed Name and Title INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS -39 Peter D. O'Bryan, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 211 1 o INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 30, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Sole Source Designations BACKGROUND: Many of the key pieces of equipment utilized throughout the County are specialized due to facility design and/or are standardized for consistency of operations. Many of these items are identified as sole brand or sole source, as they are only available from the manufacturer, or one of the manufacturer's authorized distributors. ►AkiraKIM LIC On July 16, 2019, while considering several items sole source, the Board enacted a three-year effective term for the designations. Staff has identified additional sole source stems that should be added, as well as some modifications to previous sole source items. Additionally, a few items designated as sole source prior to July of 2019 are due for renewal, review and approval by the Board. The vendors and products requested for sole source are shown in the table on the following page, and are related to wastewater collection and treatment. Current memos from each manufacturer describing their sole source for our purposes are on file in with the Purchasing Division. 212 1 M v 3 4 o +•� � L 0 0 0 0 0 0 0 g c v ori o 0 'n 0� 0 0 0 W k ] � t/} .-i tn. Ln to r 1A. �t to W -t3 M 00 M j j V O O O Ilem N h � per,• .Q o00 ti CL o v� ai a) c u -o u c ai a) -a u c ai (U -= u c ai v -a u c ai v a u ai v c u c ai v v° c=o u ° c=v u ° c=v u ° � c=a u ° c=a m ° m m ° c=o N N w L •(a L N L N L •M N L •fa N L � N L •(6 O L N = L N M = 4-1 L N M = CL •L N = L N = c L N MCL •L N = Q)(O .vf !�fCO of y cv L E Q L E o L E Q L E Q L E Q L E Q L E Q CL a) c Ln +�+ a••1 N �••+ N cu J W L a) Ol (6 f6 (B ca t6 (6 u > O m .M L (% l% (% V) f6 m v 4- aJ Q c O O U rO, c = L a) _ v D i.1 Qj N o C N cu Ln Q H c a) _ —= M CUa a tl° CU ns a = u �- X ca n = J .m d N N a..+ v < N = E W v Q N U .> W o m = a) c=o Q � o p a) v Y o aui m `6 c L >- CL a) vii >� .� c Ln Q C L a X = '� Q 3 O O ate. cn > W � X� a) i Ri N +� m = C +, CD-O a OQ N -0-0_0v pp LO cuEb v Q u E =p = 3 >7 J Q UU 2 4- = _ O OA vNi .�[ U a) Q. N c (6 C G i f6 p O O u O a) N E p a o Q U N U to m W m U u L *' �O a) CL C = W 0) i>cu Y tf U O O U 'a 0 U O N cr N m U a) Y 4 L W Y J m a a ca L a) � co of +•1 (U i-+ = V = Y — n3 v c E 0 Zn E O Ln m O N L O `� >= c Y . Q 0CL 0 3 0 c J C c i W U J U Z = W cu a)L O ai _ + a) Q) °) cu _ (U _ cu41 _ a) -a p a) E O_ u Q v 0 v E > o - a M cV SOURCE OF FUNDS: Funds for these purchases and repairs will vary depending on the department, item use and location. RECOMMENDATION: Staff recommends the Board of County Commissioners declare the vendors and products listed above as sole source for a three-year period, and authorize the Purchasing Division to issue purchase orders in lieu of formal bids or quotes, and as funding is approved by the Budget Department. 214 Consent Item gy_ Indian River County, Florida Department of Utility Services Board Memorandum Date: November 18, 2021 To: Jason E. Brown, County Administra or From: Matthew Jordan, Interim Director of Utility Services Prepared By: Terry Southard, Operations Manager Subject: North County Reverse Osmosis Water Treatment Plant Supervisory Control and Data Acquisition System Upgrades, Kimley-Horn Work Order No. 7 Background: On May 19, 2020, the Indian River County (IRC) Board of County Commissioners (BCC) approved Work Order No. 2 with Kimley-Horn and Associates, Inc., (KHA) to provide professional services for assessment, remediation, and bidding services for upgrades to the Supervisory Control and Data Acquisition (SCADA) system at the North County Reverse Osmosis (NCRO) water treatment plant (WTP). Their work resulted in recommending the replacement of the SCADA system. Staff is currently preparing documents to go out to bid for the replacement of the SCADA system at NCRO. Analysis: Since KHA is already very familiar with the SCADA system and had recommended replacement, staff asked KHA to provide an estimate for professional services to include construction phase service as well as integration labor that will be required to program each of the upgrades to the program logic controllers, remote input/output panels and various other components of the SCADA system. KHA provided Work Order No. 7, which is in accorcance with the Agreement for Professional Services for Water Plant and Water Resources Engineering Services -Request for Quote (RFQ) 2019070 dated November 5, 2019. Funding: Funding in the amount of $255,219 is available in the Utilities/Water Production/WTF SCADA system updates account, number 47121936-044699-19536. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/Water Production/WTF SCADA System 47121936-044699-19536 $255,219.00 Updates 215 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order No. 7 with Kimley-Horn and Associates, Inc., in the amount of $255,219.00, for professional services to include construction phase service for the proposed Supervisory Control and Data Acquisition (SCADA) improvements, and the integration labor required to program each of the respective upgrades to programmable logic controllers, remote input/output panels, and various other components of the SCADA system, and authorize the Chairman to execute said work order on their behalf. Attachment: Work Order No.7 with KHA. F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda - NCRO SCADA cmc v3.docx 216 AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ2019070 WORK ORDER 7 Indian River County Department of Utility Services SCADA System Upgrades at Hobart Water Treatment Plant This Work Order Number 7 is entered into as of this _day of , 202_, pursuant to that certain AGREEMENT FOR PRO FESSIONALSERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ2019070 entered into as of this 5th day of November, 2019 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Wcrk Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Orcer and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Print Name: Title: By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorne EXHIBIT #1 Supervisory Control and Data Acquisition (SCADA) System Upgrades at Hobart Water Treatment Plant PROJECT UNDERSTANDING Kimley-Horn recently completed the final design for the Hobart (North) Water Treatment Plant (WTP) SCADA/PLC system improvements. Under Work Order No. 2, Indian River County Utilities Department retained the services of Kimley-Horn to complete design for improvements to the Hobart (North) Water Treatment Plant Supervisory Control and Data Acquisition (SCADA) and Programmable Logic Controllers (PLC). These improvements are going to be implemented to the WTP control system to upgrade antiquated hardware and add to the County's redundancy and reliability with their treatment process control. Indian River County Utilities Department desires to publicly advertise these improvements for bidding and desires to utilize the services of Kimley-Horn, and it's subconsultants, to provide construction phase services and programming and integration assistance for these proposed improvements. The following scope outlines the work necessary to provide construction phase services for the proposed improvements, and the integration labor required to program each of the respective upgrades to the PLCs, remote I/O panels and various other components. SCOPE OF WORK Consultant will utilize the services and provide coordination of Control Systems Design, Inc., and C&W Engineering in the execution of these tasks. TASK 1— CONSTRUCTION PHASE SERVICES Consultant will attend one (1) pre -construction meeting with the Contractor, Owner, Electrical Engineer, and Integrator. Consultant will review shop drawings for conformance with the bid documents. It is assumed that up to ten (10) shop drawings will be reviewed. Consultant will respond to a reasonable number of requests for information (up to 4 assumed). 218 Consultant will review Contractor's monthly applications for payment. Consultant will attend up to three (3) progress meetings on-site. Consultant will assist the Owner with closeout documentation review prior to completion of the project. TASK 2 - PROGRAMMING AND INTEGRATION Consultant will review and completely vet the current HMI migration to VTScada. Consultant will modify the main PLC panel to remove the ControlNet modules, one IA16 module and one ENBT, relocate the two EN2T modules in the CPU rack and modify all programming to correct the current configuration to ethernet communications from the CPU rack to the local RIO rack. Consultant will migrate North Beach communications from North Pump Station PLC to direct via Red Lion converter at each end to provide data direct to/from the HMI 1/0 server. Consultant will install a new ControlLogix PLC rack with two EN2T modules, CLX, and a network switch for the RIO_LAN subnet provided by the contractor. Consultant will prepare a new CLX program ready for ControlLogix I/O after the conversion, with the possibility of using an additional DHRIO to communicate with the PLC5 I/O. Once Contractor completes HSP PLC5 I/O to ControlLogix I/O upgrade, Consultant will work with the contractor and complete programming check and migration with new I/O. After 1/0 and control have been migrated above, Consultant will remove the DL4500 DH+ to Ethernet converter used for VTScada. Consultant will remove the existing PLC5 hardware and finalize all communications to VTScada, test and verify functionality. Contractor will upgrade remaining 3 PLC5 RIO Panels to use ControlLogix RIO. Consultant will modify the PLC program for the new CLX I/O, test and verify functionality. CSD will modify the VTScada database for any I/O tags that may have changed and verify functionality. 219 Consultant will remove DHRIO modules from the configuration and perform PLC panel completion. Contractor will perform a radio survey to provide ethernet radio connectivity from North Beach to the WTP. Contractor will upgrade RIO racks and work with Consultant to upgrade North Beach to CompactLogix PLC. Consultant will install a new L72 PLC in the main PLC panel at a later version of Studio 5000 to be determined. The existing warm back up rack will be either removed or have a second L72 CPU installed. Consultant will provide any further programming on various systems, startup all systems together and finalize the entire system. Consultant will replace Rotork Pakscan communication network. Contractor will install option cards in all of the Rotork actuators which will allow the valves to be controlled via a 4-20ma signal. Contractor and Consultant will add any additional analog I/O, if needed, and CSD will modify the PLC program to use analog I/O for control. Consultant will make any updates needed in the VTScada database. Consultant will test and verify functionality. Consultant will revamp the Lime Slurry panel PLC from the existing MicroLogix to ControlLogix remote I/O and incorporate into the main PLC program. Consultant will test and verify operation. SCHEDULE In general, the following schedule is anticipated and consultant will work as expeditiously as possible to meet it: Task 1: 8 - 10 months after Contractor awarded project Task 2: To occur concurrent to Task 1 220 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: Radio survey Purchase/ installation of PLC hardware, panels, electrical components, etc. ITEMS FURNISHED BY OWNER The following items will be furnished by the Owner and are necessary for completion of the tasks described herein. • Access to WTP site • Panel record drawings • Coordination during programming and integration FEESCHEDULE We will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated April 17th, 2018, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The Consultant will provide professional services for a lump sum fee as follows: Task No. Task Task Fee Task 1 Construction Phase Services $ 18,651 Task 2 Programming and Integration $ 236,568 TOTAL LUMP SUM FEE $ 255,219 221 N N 0o N M M M M oox N 69 V 00 x of [ Ic N N ,v9 69 64 HA 6A 69 N 64 � Vi �n N N x M Gn `. 61) xIn N _ O O O O 7-7v N N N ... In N v p 0 0 Ix. - O z= � cG O x"0 + x N N v O U C V O Q., N N — 7 N x x N M In M O N z N � o opo a 0 � Q �p Lij �-� b o 4 � o s U G U L U U R_, Q N C & W engineering, Inc Electrical Consultants 6903 Vista Parkway North, #10 West Palm Beach, FL 33411 (561) 642-5333 February 18, 2021 Nick Black, P.E. Kimley Horn & Associates 1920 Wekiva Way Suite 200 West Palm Beach, FL 33411 Subject: IRC Hobart WTP Electrical PLC-SCADA Improvements Construction Services Proposal C&W Ref. 66437.CS Dear Nick: I am pleased to submit this proposal for your consideration to provide Electrical Engineering Services during the constructicn phase of the PLC improvements to the Hobart WTP. Below is a summary of our tasks during construction. 1. Attend a Pre -construction meeting and respond to questions. 2. Review shop drawings. 3. Respond to Contractor RFIs. 4. Provide a field progress observation to the site during different phases of construction, provide a report for each visit. Total of 3. 5. Attend the startup of RIO 5 PLC and Plant site Pump Station Panel when these get upgraded with the PLC Kit. 6. Attend the startup of one MOV at the south process area (Trains 1 through 4) and one MOV at the north process area (Trains 5 through 8) 7. Attend 3 VIRTUAL monthly meetings during construction. 8. Review O&M manuals. 9. Provide as -built drawings based on Contractor provided redlines. CONSTRUCTION SERVICES Coordination Kimley Horn and Associates Owner CSD personnel Contractor 223 C&W REF 66437.CS Attend 3 VIRTUAL Progress Monthly Meetings Progress field inspections during construction total of 3 Review Electrical Equipment shop drawings Review PLC and Control Panel instrumentation shop drawings Prepare response to Contractor RFI requests Attend a startup and testing field visit and provide a punch list to the inspected PLC and upgrade work, including the MOV valves changed out to hard wired controls. Provide review of O&M manuals and confirm spare parts. Provide as -built drawings based on redlines form the Contractor. ELECTRICAL CONSTRUCTION SERVICES PHASE FEE: $7,500 lump sum I trust the scope and fee are in agreement with your needs and expectations. Please contact me with questions or comments. Thanks for this opportunity. Very truly yours, C&W Engineering, Inc. Michael A. Guida, PE JLR/nl 224 $ 135.00 $ 220.108.00 225 IRC - Hobart Scada Upgrade Summary of Tasks Versus Cost and Time as of 2/19/2021 - Page 1 of 1 LABOR ESTIMATE TASK SCOPE DESCRIPTION CSD CSD Manhour Estimate PROGRAMMING CSD will review and completely vet the current HMI migration to VrScada. CSD will modify the main PLC panel to remove the ControlNet modules, one IA16 module and one ENBT, relocate the two EN2T modules in the CPU rack and modify all programming to correct the 1 current configuration to ethernet 160 $ 21,600.00 communications from the CP J rack to the local RIO rack. CSD will migrate North Beach communications from North Pump Station PLC to direct via Red Lion converter at each end to provide data direct to/from the HMI 1/O server. CSD will install a new ControlLogix PLC rack with two EN2T modules, CLX, and a network switch for the RIO—LAN subnet provided by the contractor. 2 240 $ 32,400.00 Have a new CLX program ready for ControlLogix 1/O after the conversion, with the possibility of using an addition DHRIO to communicate with the PLCS 11/0. Contractor to upgrade HSP PU31/0 to ControlLogix 1/0 and CSD will work with 3 the contractor and complete 240 $ 32,400.00 programming check and migration with new 10. After 1/O and control have been migrated above, CSD removesthe DL4500 DH, to Ethernet converter used for VfScada. 4 So $ 10,800.00 CSD will remove the existing PLCS hardware and finalize all communications to VrScada, test and verify functionality. Contractor will upgrade remaining 3 PLCS RIO Panels to use ControlLogix RIO. CSD will modify the PLC program for the new CLX 1/0, test and verify 5 functionality. CSD will modify the 320 $ 43,200.00 VfScada database for any 1/0 tags that may have changed and verify functional' PLC Panel Completion. CSD will remove 6 DHRIO modules from the configuration. 80 $ 10,800.00 Contractor will perform a radio survey to provide ethernet radio con nec!ivity from North Beach to the WTP. 7 120 $ 16,200.00 Contractor will upgrade RIO racks and work with CSD to upgrade North Beach to Com actLo ix PLC. CSD will install a new L72 PLC in the main PLC panel at a later version of Studio 5000 to be determined. The existing warm back up rack will be 8 either removed or have a second L72 160 $ 21,600.00 CPU installed. CSD will provide any further programming on various systems, startup all systems together and finalize the entire system. Replace Rotork Pakscan communication network. Contractor will install option cards in all of the Rotork actuators which will allow the valves to be controlled via a 4-20ma signal. Contractor and CSD will 9 add any additional analog 1/0, if needed, 160 $ 21,600.00 and CSD will modify the PLC prcgram to use analog 1/0 for control. CSD will make any updates needed In the VrScada database. Testand verify functionality. Revamp the Lime Slurry panel P -C from the existing MicroLogix to ControlLogix 10 remote 1/0 and incorporate Intc the 100 $ 13,500.00 main PLC program. Test and verify operation. $ 135.00 $ 220.108.00 225 IRC - Hobart Scada Upgrade Summary of Tasks Versus Cost and Time as of 2/19/2021 - Page 1 of 1 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: November 16, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Directcr of Utility Services Prepared By: John M. Boyer, PE, Utilities Engineer Subject: Work Order No. 48 for Kimley-Horn and Associates, Inc., 43`d Avenue & South Relief Canal —18" Water Main Relocation Background: Indian River County Department of Utility Services (IRCDUS) has recognized the need to relocate an existing 18" -diameter water main along 43`d Avenue at the South Relief Canal in order to make way for a Public Works roadway project. IRCDUS has selected Kimley-Horn and Associates, Inc. (KHA) to provide design and permitting services for this project. Analysis: On April 17, 2018, the Board of County Commissioners (BCC) approved the Continuing Contract Agreement for Professional Services with KHA. In accordance with that agreement, KHA will provide professional services to prepare engineering design plans, and to obtain required permits to support construction of the project. The total cost of professional services is $40,455.00. Funding: Funds in the amount of $40,455.00 for this project are derived from the Utilities/43`d Ave -S Relief Canal — 18" WM account, number 471-169000-22502. The utilities operating fund budget is derived from water and sewer revenues. Description Account Number Amount Utilities/43`d Ave -S Relief Canal— 18" WM 471-169000-22502 $ 40,455.00 Recommendation: Staff recommends the Board of County Commissioners approve Kimley-Horn and Associates, Inc. Work Order No. 48, and authorize the Chairman to execute said work order on their behalf. Attachments: 1. Work Order No. 48: Kimley-Horn and Associates, Inc. F:\Utilities\UTILITY- Engineering\Projects - Capital Projects\21-110343rd Ave & 5 Relief\Admin\BCC\21-1207 W048\13CC Agenda Item K 48 .docx WORK ORDER NUMBER 48 43 d AVENUE UTILITY RELOCATION PROJECT This Work Order Number 48 is entered into as of this _ day of , 2021, pursuant to that certain Continuing Contract Agreement for Continuing Engineering Services, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A— SCOPE OF WORK 43rd Avenue Utility Relocation Proiect In conjunction with the County's desire to replace the existing vehicular bridge on 43rd Avenue over the Indian River Farms Water Control District (IRFWCD) South Relief Canal, the County desires to relocate the existing 18" water main to accommodate the proposed replacement structure. Presently, the existing water main is aerially supported along the east side of the existing structure, the proposed structure is shown to have a utility shelf along the west side to support the utility relocation. To support the utility relocation, the proposed bridge will need to be phase constructed as to not adversely impact utility service customers. A. Utility Plans: The following is the anticipated utility improvement associated within the project limits: 1. The utility plan sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. All quantities shall reference FDOT Pay Item Numbers. 3. All specifications shall reference the FDOT Specifications for Road and Bridge Construction and/ or Indian River County Utility Standards. Any deviations or special specifications not included in specifications will be provided in the Technical Specifications. 227 The proposed utility improvements will be submitted to the COUNTY for review and comment at Preliminary (30%), Constructability (60%), Biddability (90%) and Production (100%) design submittal stages. Review submittals will consist of three (3) hard copies of utility plans along with an opinion of probable construction cost. B. Utility Permit: To support the above described utility improvement, the Consultant will prepare and submit a Florida Department of Environmental Protection (FDEP) Specific Permit to Construct Public Water Systems Components and an IRFWCD Application for Utility Construction Permit. Permit agency coordination assumes one (1) request for additional information (RAI) to be received from FDEP and IRFWCD associated with the applications. The Consultant has included the $6S0 FDEP application fee within the work order fee. The Final Plans will be provided in Autodesk Civil 3D format. It is anticipated that the utility improvement plans will be submitted to the FDOT to review (4 separate submittal reviews) and approve under the FDOT Electronic Review Comment (ERC) System. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 228 FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Utility Plans $ 32,965 Utility Permits $7,490 Project Total $40,455 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 229 TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately four (4) months from the Notice to Proceed (NTP). NTP contingent upon BOCC approval Preliminary Submittal (30% Design Drawings) 1 months following NTP Constructability Submittal (60% Design Drawings) 2 months following NTP Biddability Submittal (90% Design Drawings) 3 months following NTP Permit Submittal 3 months following NTP Production Submittal (100% Design Drawings► 4 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 230 IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. By: By: Brian Good, P.E. Peter D. O'Bryan, Chairman Title: Senior Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 231 O w INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM WORM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Work Order No. 17 - Morgan & Eklund, Inc. 2022 Beach Profile Monitoring Surveys (WINTER) DATE: November 15, 2021 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board of County Commissioners (BCC) approved a contract with Morgan and Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year term. The Board amended the Contract on October 18, 2016. The contract was renewed for a two-year term on October 4, 2018 and then again on October 4, 2020 for an additional two-year term. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. The County's Beach Preservation Plan recommends semi-annual beach profile surveys in order to monitor the seasonal, summer and winter, fluctuations of the beach. Proposed Work Order No. 17 provides winter -time countywide hydrographic surveying (beach profile) services for the Sectors 3, 5, and 7 Beach Nourishment Projects and additional surveying to begin a 2022 countywide (22.4 miles) monitoring effort. All onshore and offshore beach profile surveys are conducted along the Florida Department of Environmental Protection (FDEP) Range Monuments at approximately 1,000 foot intervals (alongshore) and extend from the vegetated dune seaward to a location approximately 40 feet offshore (cross -shore). For project tracking purposes, Work Order No. 17 is divided into four (4) separate tasks. Task 1: Winter 2022 Sector 3 Phase 1 Physical Monitoring Survey (R-15 to R-60, excluding active construction zone of R-40 to R-55, 30 Onshore/Offshore Profile Lines) The County is required by the FDEP Permit to monitor the physical changes associated with the Sector nourishment project semi-annually to determine the long-term performance of the project and if infrastructure may be vulnerable to storm damage. As Phase 2 of the County's Sector 3 Beach and Dune Restoration Project will be underway during the Winter 2022 Physical Monitoring Survey, survey lines for R-40 through R-55 have been excluded from the survey work. Pre- and Post- sand placement surveys will be collected in this area during construction. The remaining hydrographic survey data collected from this task is required year 1 post construction monitoring of the Sector 3, Phase 1 Nourishment Project. Task 1 includes surveying (approx. 5.7 miles) to provide on-going 2022 physical monitoring data for the Sector 3 Beach and Dune Nourishment Project area. Task 1 totals a lump sum amount of $17,495.00. 232 Task 2: Winter 2022 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore Lines Sector 5 Beach and Dune Nourishment Project was completed in February 2020. The County is required by the FDEP Permit to monitor the physical changes associated with the nourishment project semi-annually to determine the long-term performance of the project and if infrastructure may be vulnerable to storm damage. Task 2 includes surveying (approx. 4.5 miles) required for the winter semi-annual monitoring of the Sector 5 Beach and Dune Nourishment Project area. Task 2 totals a lump sum amount of $15,455.00. Task 3: Winter 2022 Sector 7 Physical Monitoring Survey (R-97 to R-108, 12 Onshore/Offshore lines Hydrographic surveys of the project area crust continue semi-annually to determine the long- term performance of the beach and if infrastructure may be vulnerable to storm damage during years in between recommended beach projects identified in the Beach Preservation Plan. Hydrographic survey data collected from this task is required for updates to the design of the upcoming Nourishment Project. Task 3 inc udes surveying (approx. 2 miles) required for the winter semi-annual monitoring of the Sector 7 Beach Nourishment Project area and for design of the upcoming nourishment project. Task 3 totals a lump sum amount of $7,607.50. Task 4: Winter 2022 Countywide Beach Monitoring (R-61 to R-64, R-92 to R-96, and R -109-R to R-119, 20 Onshore/Offshore lines) For the shoreline outside of the Sectors 3, 5, and 7 beach projects, countywide beach profile surveys are necessary to identify areas of chronic beach erosion and determine if infrastructure may be vulnerable to storm damage. The beach profile surveys will then be used to determine appropriate projects to mitigate erosion as identified in the County Beach Preservation Plan, including the upcoming Nourishment Projects. Task 4 includes the remaining countywide (approx. 4 miles) beach profile surveys. Task 4 totals a lump sum amount of $12,122.50. Please nate- The Sebastian Inlet District (District), as part of their Inlet Management Plan, conducts semiannual beach profile surveys along the northern 5.6 miles of the County. The District continues to partner with the County and has agreed to provide their certified 2022 beach profile survey data to the County, resulting in a complete 22.4 mile countywide beach profile survey and a combined annual savings of approximately $30,000 to the County. FUNDING Funding for these tasks comes to a total lump sum fee of $52,680.00. Funding for the individual tasks are as follows: Task 1: Winter 2022 Sector 3 Phase 1 Physical Monitoring Survey (R-15 to R-60, excluding active construction zone of R-40 to R-59, 30 Onshore/Offshore Profile Lines) Funding for Task 1 is budgeted and available for design of the Sector 3 Beach Nourishment Project area in the Beach Restoration Fund/Sector 3 Post -Construction Monitoring, Account No. 12814472-033490-05054. Task 1 totals a lump sum amount of $17,495.00. 233 Task 2: Winter 2022 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore Lines Funding for Task 2 is budgeted and available for physical monitoring of the Sector 5 Beach Nourishment Project area in the Beach Restoration Fund/ Sector 5 Post -Construction Monitoring, Account No. 12814472-033490-15021. Task 2 totals a lump sum amount of $15,455.00. Task 3: Winter 2022 Sector 7 Physical Monitoring Survey (R-97 to R-108, 12 Onshore/Offshore lines Funding for Task 3 is budgeted and available for updates to the design of the Sector 7 Beach Nourishment Project area in the Beach Restoration Fund/Sector 7 Beach Renourishment/Hurricane Matthew, Hurricane Irma and Hurricane Dorian Account No. 12814472-066512-17001. Task 3 totals a lump sum amount of $7,607.50. Task 4: Winter 2022 Countywide Beach Moritoring (R-61 to R-64, R-92 to R-96, and R -109-R to R-119, 20 Onshore/Offshore lines) Funding for Task 4 is budgeted and available for physical monitoring of non -project areas in the Beach Restoration Fund/Other Profe5siona' Services, Account No. 12814472-033190. Task 4 totals a lump sum amount of $12,122.50. Account Name Account No. Amount Beach Restoration Fund/Sector 3 Post -Construction Monitoring 12814472-033490-05054 $17,495.00 Beach Restoration Fund/ Sector 5 Post -Construction Monitoring 12814472-033490-15021 $15,455.00 Beach Restoration Fund/Sector 7 Beach Renourishment 12814472-066512-17001 $7,607.50 Beach Restoration Fund/Other Professional Services 12814472-033190 $12,122.50 RECOMMENDATION The recommendation of staff is for the BCC to approve Work Order No. 17 to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc., in the amount of $52,680.00 and authorize the Chairman to sign two (2) copies of the Work Order on behalf of the County. ATTACHMENT 1. Morgan and Eklund IRC Winter 2022 WO No. 17 2. Work Order No. 17 Agreement Execution APPROVED AGENDA ITEM FOR: December 7, 2021 234 M CZE Morgan & Eklund, Inc. 4909 US Highway 1 Phone: 772-388-5364 Vero Beach, Florida 32967 Fax: 772-388-3165 November 4, 2021 Indian River County Public Works Coastal Division Attn: Mr. Eric Charest, Natural Resources Manager 1801 27a' Street Vero Beach, FL 32960 RE: 2022 Winter Semi -Annual Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-15 to R-119 (excluding R-40 to R-55) Dear Eric: Morgan & Eklund, Inc. is pleased to provide you with the following proposal to furnish professional land and hydrographic survey services for the above referenced project. Beach profiles will include R-15 through R-119 (excluding R-40 to R-55), a total of 89 profile lines. All data collected will be in accordance with the FDEP-approved Physical Monitoring Plan. Morgan & Eklund, Inc. will provide the County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor. We will also provide FDEP submittal package. The survey will be performed in January/February 2022 with drawings and reports completed in April 2022. In accordance with the scope of work as provided, our prices will be as follows: I. Sector 3 (R-15 to R-60, excluding R-40 to R-55), 30 Onshore/Offshore Profile Lines) Chief Surveyor 5 hours @ $135/hr..........................................$ 675.00 Senior Project Manager 14 hours @$95/hr..........................................$ 1,330.00 Assistant Project Manager 3 hours @$50/hr............................................$ 150.00 235 Hydrographic Lead Surveyor 13 hours @$85/hr..........................................$ 1,105.00 Survey Technician (Boat) 13 hours @$55/hr..........................................$ 715.00 Party Chief 3 hours @$75/hr............................................$ 225.00 Three Man Survey Crew 56 hours @ $135/hr........................................$ 7,560.00 26' Parker Survey Boat 1.5 days @ $600/day......................................$ 900.00 Motion Compensator 1.5 days @ $200/day......................................$ 300.00 Digital Fathometer 1.5 days @ $85/day........................................$ 127.50 Hypack Navigation Software & Computer 1.5 days @ $50/day........................................$ 75.00 Trimble RTK 5.5 days @ $450/day......................................$ 2,475.00 Beach UTV 5.5 days @ $75/day........................................$ 412.50 Senior Survey Computer Technician 17 hours @$85/hr..........................................$ 1,445.00 Total ............................................................$ 17,49.00 II. Sector 5 (R-65 to R-91, 27 Onshore/Offshore Lines) Chief Surveyor 2.5 hours @ $135/hr.......................................$ 337.50 Senior Project Manager 12 hours @$95/hr..........................................$ 1,140.00 Assistant Project Manager 2 hours @$50/hr............................................$ 100.00 Hydrographic Lead Surveyor 11 hours @$85/hr..........................................$ 935.00 236 Survey Technician (Boat) 11 hours @$55/hr..........................................$ 605.00 Party Chief 2 hours @$75/hr............................................$ 150.00 Three Man Survey Crew 51 hours @ $135/hr........................................$ 6,885.00 26' Parker Survey Boat 1.5 days @ $600/day......................................$ 900.00 Motion Compensator 1.5 days @ $200/day......................................$ 300.00 Digital Fathometer 1.5 days @ $85/day........................................$ 127.50 Hypack Navigation Software & Computer 1.5 days @ $50/day........................................$ 75.00 Trimble RTK 5 days @ $450/day........................................$ 2,250.00 Beach UTV 5 days @ $75/day...........................................$ 375.00 Senior Survey Computer Technician 15 hours @$85/hr..........................................$ 1.275.00 TotalII ..........................................................$ 15,455.00 III. Sector 7 (R-97 to R-108, 12 Onshore/Offshore Lines) Chief Surveyor 2 hours @ $135/hr..........................................$ 270.00 Senior Project Manager 7 hours @$95/hr............................................$ 665.00 Assistant Project Manager 1 hour @$50/hr.............................................$ 50.00 Hydrographic Lead Surveyor 6 hours @$85/hr............................................$ 510.00 Survey Technician (Boat) 6 hours @$55/hr...........................................$ 330.00 Party Chief 1 hour @$75/hr.............................................$ 75.00 237 Three Man Survey Crew 26 hours @ $135/hr........................................$ 3,510.00 26' Parker Survey Boat %2 day @ $600/day.........................................$ 300.00 Motion Compensator %2 day @ $200/day.........................................$ 100.00 Digital Fathometer %2 day @ $85/day...........................................$ 42.50 Hypack Navigation Software & Computer %2 day @ $50/day...........................................$ 25.00 Trimble RTK 2 days @ $450/day.........................................$ 900.00 Beach UTV 2 days @ $75/day...........................................$ 150.00 Senior Survey Computer Technician 8 hours @$85/hr............................................$ 680.00 Total III .........................................................$ 7,607.50 IV. Countywide (R-61 to R-64, R-92 to R-96, and R-109 to R-119,20 Onshore/Offshore Lines) Chief Surveyor 2 hours @ $135/hr..........................................$ 270.00 Senior Project Manager 9.5 hours @$95/hr.........................................$ 902.50 Assistant Project Manager 1.5 hour @$50/hr..........................................$ 75.00 Hydrographic Lead Surveyor 10 hours @$85/hr..........................................$ 850.00 Survey Technician (Boat) 10 hours @$55/hr..........................................$ 550.00 Party Chief 1.5 hours @$75/hr.........................................$ 112.50 Three Man Survey Crew 40 hours @ $135/hr........................................$ 5,400.00 238 26' Parker Survey Boat 1 day @ $600/day..........................................$ 600.00 Motion Compensator 1 day @ $200/day..........................................$ 200.00 Digital Fathometer 1 day @ $85/day............................................$ 85.00 Hypack Navigation Software & Computer 1 day @ $50/day............................................$ 50.00 Trimble RTK 3.5 days @ $450/day......................................$ 1,575.00 Beach UTV 3.5 days @ $75/day........................................$ 262.50 Senior Survey Computer Technician 14 hours @$85/hr..........................................$ 1,190.00 Total IV .........................................................$ 12,122.50 TOTAL COST I-IV...........................................5 52,680.00 As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River County on this project. Sincerely, David W. Digitallysigned by David W. Coggin DN: cn=David W. Coggin, o=Morgan and Eklund Inc, ou, email=dcoggln®morganeklund.com Coggin Date 2021.11.04143333-04'.' David W. Coggin, PSM Vice President DWC:dmc Billing: project will be invoiced monthly based on percentage completed 239 a Board of County Commissioners Administration - Building A 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: 2022 Beach Profile Monitoring Surveys (Winter) WORK ORDER NO. 17 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING aid MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with Contract No. 1605 2020-2022 This Work Order No. 17 is in accordance with the existing AGREEMENT dated October 4, 2016 and as amended October 18, 2016, between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); This Work Order No. 17 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 17 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the 2022 Beach Profile Monitoring Surveys (Winter); Florida Department of Environmental Protection Reference Monuments R-15 — R-119. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 17; specifically detailed in the attached proposal Exhibit A. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". 240 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy' along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, one (1) paper "hardcopy" signed and sealed sets. Sheeted and model space (as applicable) AutoCad drawing file in release 2009 through Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets. d. Work Product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third -party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, III and IV of this Work Order No. 17, for a total lump sum fee of $52,680.00. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 4, 2020 through October 3, 2022. All invoicing shall include Work Order No. 17 (WO 17), Contract Number (1605). Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 1605 with the COUNTY and as stated in Section II, III and IV hereon. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2021. 241 OWNER Morgan and Eklund, Inc. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) Peter O'Bryan, Chairman Approved by BCC (Signature) (Printed name and title) ATTEST: Jeffrey R. Smith, Clerk of Court and Witnessed by: Comptroller (Seal) Deputy Clerk Approved: Jason E, Brown, COUNTY Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy COUNTY Attorney (Signature) 242 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager SUBJECT: Work Order No. 18 - Morgan & Eklund, Inc. 2022 Beach Profile Monitoring Surveys (SUMMER) DATE: November 17, 2021 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board of County Commissioners (BCC) approved a contract with Morgan and Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year term. The Board amended the Contract on October 18, 2016. The contract was renewed for a two-year term on October 4, 2018, and then again on October 4, 2020 for an additional two-year term. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. The County's Beach Preservation Plan recommends semi-annual beach profile surveys in order to monitor the seasonal, summer and winter, fluctuations of the beach. Proposed Work Order No. 18 provides summer -time countywide hydrographic surveying (beach profile) services for the Sectors 3, 5, and 7 Beach Nourishment Proje;ts and additional surveying to compete a 2022 countywide monitoring effort. All onshore and offshore beach profile surveys are conducted along the Florida Department of Environmental Protection (FDEP) Range Monuments at approximately 1,000 foot intervals (alongshore) and extend from the vegetated dune seaward to a location approximately 40 feet offshore (cross -shore). Due to the anticipated Sector 7 Beach and Dune Restoration project construction anticipated to begin in November 2022, additional intermediate profiles lines are also being performed during this Summer 2022 survey. For project tracking purposes, Work Order No. 18 is divided into four (4) separate tasks. Task 1: Summer 2022 Sector 3, Phase 1 Physical Monitoring Survey (R-15 to R-45, 31 Onshore/Offshore Profile Lines) The County is required by the FDEP Permit to monitor the physical changes associated with the nourishment project semi-annually to determine the long-term performance of the project and if infrastructure may be vulnerable to storm damage. Hydrographic survey data collected from this task is required for post construction monitoring for Phase 1 of the Sector 3 project. Task 1 includes surveying (approx. 5.9 miles) required to provide post construction physical monitoring data for Phase 1 of the Sector 3 Beach and Dune Nourishment Project area. The survey area is larger than the estimated 3.6 miles of beach nourished under Phase 1 of the Sector 3 nourishment project due to monitoring requirements. Task 1 totals a lump sum amount of $18,322.50. 243 Task 2: Summer 2022 Sector 3, Phase 2 Physical Monitoring Survey (R-46 to R-60, 15 Onshore/Offshore Profile Lines) Task 2 involves surveying of the Sector 3, Phase 2 project area (approx. 2.8 miles) as required to provide immediate post -construction physical monitoring data for Phase 2 of the Sector 3 Beach and Dune Nourishment Project which is anticipated to be completed in April 2022. Task 2 totals a lump sum amount of $8,752.50. Task 3: Summer 2022 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore Lines Sector 5 Beach and Dune Nourishment Project was completed in February 2020. The County is required by the FDEP Permit to monitor the physical changes associated with the nourishment project semi-annually to determine the long-term performance of the project and if infrastructure may be vulnerable to storm damage. Task 3 includes surveying (approx. 4.5 miles) required for the summer semi-annual monitoring of the Sector 5 Beach and Dune Nourishment Project area. Task 3 totals a lump sum amount of $15,455.00. Task 4: Summer 2022 Sector 7 Physical Monitoring Survey (R-97 to R-108, together with R99.5, 100.5, 101.25, 101.5, 101.75, 102.25, 102.5, 102.75, 103.25, 103.5, 103,75, 104.25, 104.5, 104.75, 105.25, 105.5, 105.75, 106.5 and 107.5, 31 Onshore/Offshore lines) Hydrographic surveys of the project area must continue semi-annually to determine the long- term performance of the beach and if infrastructure may be vulnerable to storm damage during years in between recommended beach projects identified in the Beach Preservation Plan. Hydrographic survey data collected from this task is required for updates to the design of the upcoming Nourishment Project. Task 4 includes surveying (approx. 2 miles) required for the summer semi-annual monitoring of the Sector 7 Beach Nourishment Project area and for design updates for the upcoming nourishment project Task 4 totals a lump sum amount of $18,322.50. Task 5: Summer 2022 Countywide Beach Monitoring (R-61 to R-64, R-92 to R-96, and R-109 to R-119, 20 Onshore/Offshore lines) For the shoreline outside of the Sectors 3, 5, and 7 beach projects, countywide beach profile surveys are necessary to identify areas of chronic beach erosion and determine if infrastructure may be vulnerable to storm damage. The bea:h profile surveys will then be used to determine appropriate projects to mitigate erosion as identified in the County Beach Preservation Plan, including the upcoming Nourishment Projects. Task 5 includes the remaining countywide (approx. 4 miles) beach profile surveys. Task 5 totals a lump sum amount of $12,122.50 Please note: The Sebastian Inlet District (District), as part of their Inlet Management Plan, conducts semiannual beach profile surveys along the northern 5.6 miles of the County. The District continues to partner with the County and has agreed to provide their certified 2022 beach profile survey data to the County, resulting in a complete 22.4 mile countywide beach profile survey and a combined annual savings of approximately $30,000 to the County. 244 FUNDING Funding for these tasks comes to a total lump sum fee of $72,975.00. Funding for the individual tasks are as follows: Task 1: Summer 2022 Sector 3, Phase 1 Physical Monitoring Survey (R-15 to R-45, 31 Onshore/Offshore Profile Lines) Funding for Task 1 is budgeted and available for physical monitoring of Phase 1 of the Sector 3 Beach Nourishment Project area in the Beach Restoration Fund/ Sector 3 Post -Construction Monitoring, Account No. 12814472-033490-05054. Task 1 totals a lump sum amount of $18,322.50. Task 2: Summer 2022 Sector 3, Phase 2 Physical Monitoring Survey (R-46 to R-60, 15 Onshore/Offshore Profile Lines) Funding for Task 2 is budgeted and available for physical monitoring of Phase 2 of the Sector 3 Beach Nourishment Project area in the Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew, Hurricane Irma and Hurricane Dorian, Account No. 12814472-066514-17001. Task 2 totals a lump sum amount of $8,752.50. Task 3: Summer 2022 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore Lines Funding for Task 3 is budgeted and available for physical monitoring of the Sector 5 Beach Nourishment Project area in the Beach Restoration Fund/ Sector 5 Post -Construction Monitoring, Account No. 12814472-033490-15021. Task 3 totals a lump sum amount of $15,455.00. Task 4: Summer 2022 Sector 7 Physical Monitoring Survey (R-97 to R-108, together with R99.5, 100.5, 101.25, 101.5, 101.75, 102.25, 102.5, 102.75, 103.25, 103.5, 103,75, 104.25, 104.5, 104.75, 105.25, 105.5, 105.75, 106.5 and 107.5, 31 Onshore/Offshore lines) Funding for Task 4 is budgeted and available for design of the Sector 7 Beach Nourishment Project area in the Beach Restoration Fund/Sector 7 Beach Renourishment/Hurricane Matthew, Hurricane Irma and Hurricane Dorian, Account No. 12814472-066512-17001. Task 4 totals a lump sum amount of $18,322.50. Task 5: Summer 2022 Countywide Beach Monitoring (R-61 to R-64, R-92 to R-96, and R-109 to R-119, 20 Onshore/Offshore lines) Funding for Task 5 is budgeted and available for physical monitoring of non -project areas in the Beach Restoration Fund/Other Professional Services, Account No. 12814472-033190. Task 5 totals a lump sum amount of $12,122.50. Account Name Account No. Amount Beach Restoration Fund/Sector 3 Post -Construction Monitoring 12814472-033490-05054 $18,322.50 Beach Restoration Fund/Sector 3 Beach Renourishment 12814472-066514-17001 $8,752.50 Beach Restoration Fund/ Sector 5 Post -Construction Monitoring 12814472-033490-15021 $15,455.00 Beach Restoration Fund/Sector 7 Beach Renourishment 12814472-066512-17001 $18,322.50 Beach Restoration Fund/Other Professional Services 12814472-033190 $1 2.50 lr TJ RECOMMENDATION The recommendation of staff is for the BCC to approve Work Order No. 18 to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc., in the amount of $72,975.00 and authorize the Chairman to sign two (2) copies of the Work Order on behalf of the County. ATTACHMENTS 1. Morgan and Eklund IRC Summer 2022 WO No. 18 2. Work Order No. 18 Agreement Execution APPROVED AGENDA ITEM FOR: December 7. 2021 246 M&E Morgan & Eklund, Inc. 4909 US Highway 1 Vero Beach, Florida 32967 November 4, 2021 Indian River County Public Works Coastal Division Attn: Mr. Eric Charest, Natural Resources Manager 1801 2701 Street Vero Beach, FL 32960 Phone: 772-3BB-5364 Fax: 772-38B-3165 RE: 2022 Summer Semi -Annual Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-15 to R-119 together with Sector 7 Intermediate Project Lines Dear Eric: Morgan & Eklund, Inc. (M&E) is pleased to provide you with the following proposal to furnish professional land and hydrographic survey services for the above referenced project. Beach profiles will include R-15 through R-119 together with the intermediate lines for Sector 7, a total of 124 beach profile lines. All data collected will be in accordance with the FDEP- approved Physical Monitoring Plan. M&E will provide the County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor. We will also provide FDEP submittal package. The survey will be performed in July/August 2022 with drawings and reports completed in September 2022. In accordance with the scope of work as provided, our prices will be as follows: I. Sector 3, Phase 1 (R-15 to R-45, 31 Onshore/Offshore Profile Lines) Chief Surveyor 5 hours @ $135/hr..........................................$ 675.00 Senior Project Manager 14 hours @$95/hr..........................................$ 1,330.00 Assistant Project Manager 3 hours @$50/hr............................................$ 150.00 Hydrographic Lead Surveyor 14 hours @$85/hr..........................................$ 1,190.00 247 Survey Technician (Boat) 14 hours @$55/hr..........................................$ 770.00 Party Chief 3 hours @$75/hr............................................$ 225.00 Three Man Survey Crew 57 hours @ $135/hr........................................$ 7,695.00 26' Parker Survey Boat 2 days @ $600/day.........................................$ 1,200.00 Motion Compensator 2 days @ $200/day.........................................$ 400.00 Digital Fathometer 2 days @ $85/day...........................................$ 170.00 Hypack Navigation Software & Computer 2 days @ $50/day...........................................$ 100.00 Trimble RTK 5.5 days @ $450/day......................................$ 2.475.00 Beach UTV 5.5 days @ $75/day........................................$ 412.50 Senior Survey Computer Technician 18 hours @$85/hr..........................................$ 1,530.00 Total............................................................$ 18,322.50 II. Sector 3, Phase 2 (R-46 to R-60,15 Onshore/Offshore Profile Lines) Chief Surveyor 1.5 hour @ $135/hr........................................$ 202.50 Senior Project Manager 7 hours @$95/hr...........................................$ 665.00 Assistant Project Manager 1 hour @$50/hr.............................................$ 50.00 Hydrographic Lead Surveyor 8.5 hours @$85/hr.........................................$ 722.50 Survey Technician (Boat) 8.5 hours @$55/hr.........................................$ 467.50 Party Chief .5 hours @$75/hr...........................................$ 37.50 248 Three Man Survey Crew 26 hours @ $135/hr........................................$ 3,510.00 26' Parker Survey Boat 1 day @ $600/day..........................................$ 600.00 Motion Compensator 1 day @ $200/day..........................................$ 200.00 Digital Fathometer 1 day @ $85/day............................................$ 85.00 Hypack Navigation Software & Computer 1 day @ $50/day............................................$ 50.00 Trimble RTK 2.5 days @ $450/day......................................$ 1,125.00 Beach UTV 2.5 days @ $75/day........................................$ 187.50 Senior Survey Computer Technician 10 hours @$85/hr..........................................$ 850.00 Total II..........................................................$ 8,752.50 III. Sector 5 (R-65 to R-91, 27 Onshore/Offshore Lines) Chief Surveyor 2.5 hours @ $135/hr.......................................$ 337.50 Senior Project Manager 12 hours @$95/hr..........................................$ 1,140.00 Assistant Project Manager 2 hours @$50/hr............................................$ 100.00 Hydrographic Lead Surveyor 11 hours @$85/hr..........................................$ 935.00 Survey Technician (Boat) 11 hours @$55/hr..........................................$ 605.00 Party Chief 2 hours @$75/hr............................................$ 150.00 Three Man Survey Crew 51 hours @ $135/hr........................................$ 6,885.00 26' Parker Survey Boat 1.5 days @ $600/day......................................$ 900.00 249 Motion Compensator 1.5 days @ $200/day......................................$ 300.00 Digital Fathometer 1.5 days @ $85/day........................................$ 127.50 Hypack Navigation Software & Computer 1.5 days @ $50/day........................................$ 75.00 Trimble RTK 5 days @ $450/day.........................................$ 2,250.00 Beach UTV 5 days @ $75/day...........................................$ 375.00 Senior Survey Computer Technician 15 hours @$85/hr..........................................$ 1,275.00 Total III .........................................................$ 15,455.00 IV. Sector 7 (R-97 to R-108 together with R-99.5,100.5,101.25,101.5,101.75,102.25, 102.5, 102.75, 103.25, 103.5, 103.75, 104.25, 104.5, 104.75, 105.25, 105.5, 105.75, 106.5 and 107.5, 31 Lines) Chief Surveyor 5 hours @ $135/hr..........................................$ 675.00 Senior Project Manager 14 hours @$95/hr..........................................$ 1,330.00 Assistant Project Manager 3 hours @$50/hr...........................................$ 150.00 Hydrographic Lead Surveyor 14 hours @ $85/hr................. Survey Technician (Boat) 14 hours @ $55/hr........................ Party Chief 3 hours @$75/hr.......................... Three Man Survey Crew 57 hours @ $135/hr...................... 26' Parker Survey Boat 2 days @ $600/day........... Motion Compensator 2 days @ $200/day........... 250 Digital Fathometer 2 days @ $85/day...........................................$ 170.00 Hypack Navigation Software & Computer 2 days @ $50/day...........................................$ 100.00 Trimble RTK 5.5 days @ $450/day......................................$ 2,475.00 Beach UTV 5.5 days @ $75/day........................................$ 412.50 Senior Survey Computer Technician 18 hours @$85/hr..........................................$ 1.530.00 Total IV.........................................................$ 18,322.50 V. Countywide (R-61 to R-64, R-92 to R-96, and R-109 to R-119,20 Onshore/Offshore Lines) Chief Surveyor 2 hours @ $135/hr..........................................$ 270.00 Senior Project Manager 9.5 hours @$95/hr.........................................$ 902.50 Assistant Project Manager 1.5 hour @$50/hr..........................................$ 75.00 Hydrographic Lead Surveyor 10 hours @$85/hr..........................................$ 850.00 Survey Technician (Boat) 10 hours @$55/hr..........................................$ 550.00 Party Chief 1.5 hours @$75/hr.........................................$ 112.50 Three Man Survey Crew 40 hours @ $135/hr........................................$ 5,400.00 26' Parker Survey Boat 1 day @ $600/day..........................................$ 600.00 Motion Compensator 1 day @ $200/day..........................................$ 200.00 Digital Fathometer 1 day @ $85/day............................................$ 85.00 251 Hypack Navigation Software & Computer 1 day @ $50/day............................................$ 50.00 Trimble RTK 3.5 days @ $450/day......................................$ 1,575.00 Beach UTV 3.5 days @ $75/day........................................$ 262.50 Senior Survey Computer Technician 14 hours @$85/hr..........................................$ 1,190.00 Total V ...........................................................$ 12,122.50 TOTAL COST I-V .............................................$ 72,975.00 As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River County on this project. Sincerely, by Digitally signdWCDam David W. Coggin DN: cn=David W. Coggin, o=Morgan and Eklund Inc, ou, 1—i1 Coggin Date 01a99104143434k-0400'C David W. Coggin, PSM Vice President DWC:dmc Billing: project will be invoiced monthly based on percentage completed 252 Board of County Commissioners Administration - Building A 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: 2021 Beach Profile Monitoring Surveys (Summer) WORK ORDER NO. 18 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with Contract No. 1605 2020-2022 This Work Order No. 18 is in accordance with the existing AGREEMENT dated October 4, 2016 and as amended October 18, 2016, between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); This Work Order No. 18 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 18 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the 2022 Beach Profile Monitoring Surveys (Summer); Florida Department of Environmental Protection Reference Monuments R-15 — R- 119. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 18; specifically detailed in the attached proposal Exhibit A. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". 253 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, one (1) paper "hardcopy" signed and sealed sets. Sheeted and model space (as applicable) AutoCad drawing file in release 2009 through Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets. d. Work Product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can -eadily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third -party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian: River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV —COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, III and IV of this Work Order No. 18, for a total lump sum fee of $72,975.00. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 4, 2020 through October 3, 2022. All invoicing shall include Work Order No. 18 (WO 18), Contract Number (1605). Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 1605 with the COUNTY and as stated in Section II, III and IV hereon. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2021. 254 OWNER Morgan and Eklund, Inc. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) Peter O'Bryan, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller (Seal) Deputy Clerk Approved: Jason E, Brown, COUNTY Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy COUNTY Attorney (Signature) (Printed name and title) Witnessed by: (Signature) 255 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Kylie Ariotti, Beach Environmental Specialist SUBJECT: Award of Bid No. 2022001 Sector 5 (IRC -2112) Additional Dune Planting Project DATE: December 7, 2021 DESCRIPTION AND CONDITIONS 51Y The proposed project award is for a construction contract between the County and Cardno Inc. for Sector 5 Additional Dune Planting Project. The Sector 5 project area is a 3 -mile section of shoreline that extendsjust north of Tracking Station Beach Park south to the Gables Oceanfront Condominiums. The Sector 5 project area sustained damage from Hurricane Matthew (2016), Hurricane Irma (2017), and Hurricane Dorian (2019). In response to the damage, the County completed the Sector 5 Beach and Dune Restoration Project in February 2020 in order to maintain protection to upland properties and infrastructure. Additional FEMA Funding was made available to the County for future storm mitigation efforts pertaining to the Sector 5 Beach and Dune Restoration Project in order to aid in the preservation of the dunes through additional planting of native dune vegetation. On October 8th, 2021, the County advertised the project, soliciting bids to add additional dune vegetation, sea oats (Uniola paniculata), as a future storm mitigation effort to the completed Sector 5 project area. The Sector 5 Beach and Dune Restoration project area was previously planted in 2020 with approximately 120,750 diversity species including sea oats (Uniola paniculata), bitter panic grass (Panicum amarum), railroad vine (Ipomoea pes-caprae), and dune sunflower (Helianthus debilis). These 120,000 diverse species were 1 -inch plugs, planted eighteen inches on center. The Sector 5 Additional Dune Planting Project mitigation planting will increase the number of sea oats planted adding 135,000 sea oats to the project area. 130,000 of these additional sea oats will remain the 1 -inch pI gs, while 5,000 will increase in size to 1 gallon. The bid opening was held on November 10tr, 2021. Three (3) bids were received, with one bid disqualified for failure to sign the bid form. A"I supporting bid documents are on file and available for viewing in the Public Works Department. 256 County staff, with support from the County's engineering consultant for the project, APTIM Environmental & Infrastructure, LLC (APTIM), reviewed the bids. Cardno Inc. is considered the lowest, responsive, responsible bidder for the project with a bid totaling $148,250.00 which is 29.2% lower than the next lowest bidder. Bidders Name Location Total Bid Amount Cardno Inc. Riverview, FL $148,250.00 A + Environmental Restoration Acadia, FL $209,400.00 Earth Balance North Port, FL DQ FUNDING Sector 5 Additional Dune Planting - Dune Vegetation Services in the amount of $148,250.00 is budgeted and available in the Beach Restoration Fund, Hurricanes Matthew, Hurricane Irma and Hurricane Dorian Account - Sector 5, No. 12814472-066510-17001. Account Name I Account No. Amount Sector 5 Beach Renourishment 1 12814472-066510-17001 1 $148,250.00 RECOMMENDATION Staff recommends that the Sector 5 Additional Dune Planting Project (Bid 2022001) be awarded to Cardno Inc. in the amount of $148,250.00 and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of the agreement and public construction bond by the County Attorney, and after receipt and approval of the required insurance by the Risk Manager. ATTACHMENT 1. Sample Agreement APPROVED AGENDA ITEM FOR DECEMBER 7J-2021 257 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Paae ARTICLE1 -WORK ...........................................................................................................2 ARTICLE 2 - THE PROJECT..............................................................................................2 ARTICLE 3 - ENGINEER....................................................................................................2 ARTICLE 4 - CONTRACT TIMES.......................................................................................... 2 ARTICLE 5 - CONTRACT PRICE........................................................................................3 ARTICLE 6 - PAYMENT PROCEDURES............................................................................4 ARTICLE 7 - INDEMNIFICATION........................................................................................4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS.......................................................5 ARTICLE 9 - CONTRACT DOCUMENTS............................................................................6 ARTICLE 10 - MISCELLANEOUS.......................................................................................7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI 258 SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The Project entails planting approximately 135,000 additional native salt tolerant dune plants within the completed Sector 5 Beach and Dune Restoration Project (IRC -1923), located over 3.1 miles of the Atlantic Ocean beach in central Indian River County To avoid adverse impacts to nesting sea turtles, construction is expected to be completed during the period from November 1, 2021 and April 30, 2022.. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: SECTOR 5 ADDITONAL DUNE PLANTINGS PROJECT County Project Number: IRC -2112 FM Number: N/A Bid Number: 2022001 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment asstated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment 259 A. The Work will be substantially completed on or before the main part of sea turtle nesting season begins in the County on April 30th, 2022 as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the date when the Contract Times commence to run. Substantial completion is defined as completion of the heavy equipment portion of the project on the beach, meaning sand hauling processing, testing, compaction, placement and grading. Heavy equipment work will not be allowed on the beach after April 30th, but dune vegetation planting will be allowed (please refer to FDEP permit and CONTRACT Technical Specifications for permit allowed working dates). Heavy equipment work not completed by April 30, 2022 will need to cease and all equipment removed from the beach and CONTRACTOR will riot be allowed to perform Beach Nourishment activities again until after the sea turtle nesting season ends on October 31, 2022. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work on November 1, 2022, which excludes the time CONTRATOR is not allowed to work based on sea turtle nesting season as identified in FDEP Permit. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,045.00 for each calendar day that expires after the time specified ii paragraph 4.02 for Substantial Completion (excluding the period between May 1 and October 31, 2022) until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,045.00 for each calendar day that expires after the time specified in paragraph 4.02 (excluding the period between May 1 and October 31, 2022) for completion and readiness for final payment until the Work is completed and ready for final payment. In the event the CONTRACTOR fails to substantially complete the project by April 30, 2022 and must return to substantially complete the Project after October 31, 2022, the CONTRACTOR shall not be compensated for any remobilization or demobilization costs. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: Written Amount: 260 ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and he application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that ara contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. 261 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site a -id become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of theWork. D. CONTRACTOR has carefully studied &1: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Wcrk as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of theWork. 262 K. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-vedfy.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration for all subcontractors. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-10, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion ( pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of tie Work (pages 00632-1 to 00632-2, inclusive); 8. Technical Specifications by APTIM Environmental & Infrastructure, LLC; 9. Drawings consisting of a cover sheet and sheets numbered 1 through 44, inclusive, with each sheet bearing the following general title: Sector 5 Dune Restoration Project Construction Plans 10. Addenda (if applicable ); 11. Appendices to this Agreement (enumerated as follows): Appendix A — FDEP PERMIT Appendix C — DAILY REPORT FORMAT 11. CONTRACTOR'S BID (pages 00310-1 to 00310-8, inclusive); 12. Bid Bond (page 00430-1); 13. Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive); 14. List of Subcontractors (page 00458-1); 15. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 263 16. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 17. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 18. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto. a) Written Amendments; b) Work Change Directives; c) Change Order(s); 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as --lose as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 264 10. 06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following comp etion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords0ircoov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 11 — FEDERAL CLAUSES 11.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work. A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant foremployment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during 265 employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the p,ovisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants foremployment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708): (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated 266 damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 etseq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the CONTRACTOR, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. (4) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (5) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the CONTRACTOR, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (6) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Energy Policy and Conservation Act — The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. E. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 267 (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and Indian River County), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees o comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. F. Byrd Anti -Lobbying Amendment (31, U.S.C. § 1352 (as amended)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifiesto the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. The list of EPA -designate items is available at hftp://www.epa.gov/cpg/products.htm. H. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. I. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre - approval. J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 268 K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. M. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterpriseson solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. [The remainder of this page was left blank intentionally] 269 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or icentified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 2021 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY Peter D. O'Bryan, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Em Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Eric Charest Title: Natural Resources Manager 1801 27th Street Vero Beach, Florida 32960 (772) 226-1569 Facsimile: (772) 778-9391 CONTRACTOR: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 270 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Assistant Public Works Director FROM: Jill M. Williams, Contract Support Specialist SUBJECT: Renewal and Amendment No. 1 to Agreement for Continuing Geotechnical Engineering Services RFQ# 2018042, IRC -1812 DATE: November 17, 2021 DESCRIPTION AND CONDITIONS On December 4, 2018, the Board of County Commissioners approved the seven (7) firms selected for the continuing Geotechnical Engineering Services with Indian River County. The original contract was for three (3) years with an option for one (1) additional two-year extension at the County's discretion. This Renewal and Amendment No. 1 are for the one (1) twc-year extension. Amendment No. 1 increases the allowable purchase order total from $15,000 to up tc $35,000, as authorized by Ordinance 2019-016 and the subsequent change in the Purchasing Manual, and adds e -Verify and termination in regards to F.S. 287.135 clauses, both required by changes to Florida statute since the original agreements were executed. County staff has negotiated rate schedules with each individual firm. The fee schedules reflect fair and competitive rates for comparable professional services and tasks. These rates will be the basis for individual projects and work orders. The selected firms below were contacted by staff and asked to hold rate increases to 8.50% or less and the firms have submitted fee schedules that have been accepted by reviewing staff: FIRM Andersen Andre Consulting Engineers, Inc Ardaman & Associates, Inc. GFA International, Inc. Nutting Engineers of Florida, Inc. Terracon South Florida, Inc. Tierra South Florida, Inc. Universal Engineering Science, Inc. FUNDING LOCATION Port St. Lucie, FL Port St. Lucie, FL Port St. Lucie, FL Port St. Lucie, FL Port St. Lucie, FL West Palm Beach, FL Rockledge, FL CHANGES FROM 2018/2021 to 2021/2023 RATES Overall fees increase average 2.80% Overall fees increase average 6.25% Overall fees increase average .61% Overall fees increase average 7.96% Declined the terms of the extension Overall fees increase 0.00% Declined to renew Funding for work orders under these agreements will vary, based on project and department. 271 q7— RECOMMENDATION Staff recommends approval of the Renewal and Amendment 1 agreements and rate schedules between the County and the five (5) firms and further requests the Board to authorize the Chairman to execute the Renewal and Amendment 1 agreements. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Andersen Andre Consulting Engineers, Inc. Renewal and Amendment 1 2. Ardaman & Associates, Inc. Renewal ana Amendment 1 3. GFA International, Inc. Renewal and Amendment 1 4. Nutting Engineers of Florida, Inc. Renewal and Amendment 1 5. Tierra South Florida, Inc. Renewal and Amendment 1 APPROVED AGENDA ITEM FOR DECEMBER 7, 2021 272 INDIAN RIVER COUNTY RENEWAL AND AMENDMENT NO. 1 TO CONTINUING CONTRACT AGREEMENT FOR CONTINUING GEOTECHNICAL ENGINEERING SERVICES This is the Renewal and Amendment No. 1 to the Continuing Contract Agreement for Continuing Geotechnical Engineering Services dated December 4, 2018 between Andersen Andre Consulting Engineers, Inc. (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 180127 1h Street, Vero Beach, Florida, 32960 (COUNTY). WHEREAS, the Parties entered into an Agreement dated December 4, 2018; WHEREAS, Section 1 — General, Item No. 1.1 of the Agreement provides for the issuance of Purchase Orders by the COUNTY for proposed services that total less than $15,000.00 and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of Commissioners as authorized; WHEREAS, Section 1, - General, Item 1.5 of the Agreement provides for the compensation for basic services to the CONSULTANT; WHEREAS, the parties desire to amend Section 3 — Responsibilities of the Consultant to include e -Verify requirements; WHEREAS, Section 4 -Term; Duration of Agreement, Item 4.1 of the Agreement provides for the Duration of the Agreement and the parties desire to renew the Agreement for one additional two-year term; WHEREAS, the parties to desire to amend Section 8 —Termination to be consistent with F.S. 287.135 and; NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and CONSULTANT agree as follows: 1. The Continuing Contract Agreement for Geotechnical Engineering Services December 4, 2018 is amended as follows: Section 1— General, Item 1.1 shall read as follows: 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of County Commissioners, as authorized. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $35,000.00. Work orders shall be performed in a timely, efficient, cost effective manner, and in accordance with current professional standards. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is a lump sum, maximus amount no -to -exceed, task based or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized to each Work Order that does not conflict with the terms of this Agreement. 273 Section 1 — General, Item 1.5 is hereby amended to incorporate a Revised Exhibit 1, attached to this Renewal and Amendment 1, describing the schedule of current hourly and testing billing rates. Section 3 — Responsibilities of the Consultant — add the following item: 3.17 Consultant 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. Consultant is also responsible for obtaining proof of E -Verify registration and compliance for all subcontractors. Section 4 — Term; Duration of Agreement - The Agreement is hereby renewed for an additional two-year period beginning on December 4, 2021 and ending on December 3, 2023. Section 8 —Termination — add the following item: 8.9 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those related entities of CONSULTANT 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, CONSULTANT certifies that it and those related entities of CONSULTANT 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. COUNTY may terminate this Contract if CONSULTANT 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. COUTNY may terminate this Contract if CONSULTANT, 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. Except as supplemented herein, the terms and conditions of the Continuing Contract Agreement shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Continuing Contract Agreement, the terms of this Amendment shall control. This Renewal and Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 274 IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. CONSULTANT: BOARD OF COUNTY COMMISSIONERS ANDERSEN ANDRE CONSULTING OF INDIAN RIVER COUNTY ENGINEERS INC. By: Title: By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal sufficiency: By: , Deputy Clerk Approved: Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 275 INDIAN RIVER COUNTY RENEWAL AND AMENDMENT NO. 1 TO CONTINUING CONTRACT AGREEMENT FOR CONTINUING GEOTECHNICAL ENGINEERING SERVICES This is the Renewal and Amendment No. 1 to the Continuing Contract Agreement for Continuing Geotechnical Engineering Services dated December 4, 2018 between Ardaman & Associates, Inc. (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 180127 th Street, Vero Beach, Florida, 32960 (COUNTY). WHEREAS, the Parties entered into an Agreement dated December 4, 2018; WHEREAS, Section 1 — General, Item No. 1.1 of the Agreement provides for the issuance of Purchase Orders by the COUNTY for proposed services that total less than $15,000.00 and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of Commissioners as authorized; WHEREAS, Section 1, - General, Item 1.5 of the Agreement provides for the compensation for basic services to the CONSULTANT; WHEREAS, the parties desire to amend Section 3 — Responsibilities of the Consultant to include e -Verify requirements; WHEREAS, Section 4 -Term; Duration of Agreement, Item 4.1 of the Agreement provides for the Duration of the Agreement and the parties desire to renew the Agreement for one additional two-year term; WHEREAS, the parties to desire to amend Section 8 —Termination to be consistent with F.S. 287.135 and; NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and CONSULTANT agree as follows: 1. The Continuing Contract Agreement for Geotechnical Engineering Services December 4, 2018 is amended as follows: Section 1— General, Item 1.1 shall read as follows: 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of County Commissioners, as authorized. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $35,000.00. Work orders shall be performed in a timely, efficient, cost effective manner, and in accordance with current professional standards. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is a lump sum, maximus amount no -to -exceed, task based or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized to each Work Order that does not conflict with the terms of this Agreement. Section 1 — General, Item 1.5 is hereby amended to incorporate a Revised Exhibit 1, attache this Renewal and Amendment 1, describing the schedule of current hourly and testing billing rates. Section 3 — Responsibilities of the Consultant — add the following item: 3.17 Consultant 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. Consultant is also responsible for obtaining proof of E -Verify registration and compliance for all subcontractors. Section 4 — Term; Duration of Agreement - The Agreement is hereby renewed for an additional two-year period beginning on December 4, 2021 and ending on December 3, 2023. Section 8 —Termination — add the following item: 8.9 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those relatec entities of CONSULTANT 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 it a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutirized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Bran 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. COUNTY may terminate this Contract if CONSULTANT 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. COUTNY may terminate this Contract if CONSULTANT, 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. Except as supplemented herein, the terms and co-iditions of the Continuing Contract Agreement shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Continuing Contract Agreement, the terms of this Amendment shall control. This Renewal and Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 277 IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. CONSULTANT: BOARD OF COUNTY COMMISSIONERS ARDAMAN & ASSOCIATES, INC. OF INDIAN RIVER COUNTY By: Title: By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal sufficiency: By: , Deputy Clerk Approved: Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 278 INDIAN RIVER COUNTY RENEWAL AND AMENDMENT NO. 1 TO CONTINUING CONTRACT AGREEMENT FOR CONTINUING GEOTECHNICAL ENGINEERING SERVICES This is the Renewal and Amendment No. 1 to the Continuing Contract Agreement for Continuing Geotechnical Engineering Services dated December 4, 2018 between GFA International, Inc. (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 180127 1h Street, Vero Beach, Florida, 32960 (COUNTY). WHEREAS, the Parties entered into an Agreement dated December 4, 2018; WHEREAS, Section 1 — General, Item No. 1.1 of the Agreement provides for the issuance of Purchase Orders by the COUNTY for proposed services that total less than $15,000.00 and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of Commissioners as authorized; WHEREAS, Section 1, - General, Item 1.5 of the Agreement provides for the compensation for basic services to the CONSULTANT; WHEREAS, the parties desire to amend Section 3 — Responsibilities of the Consultant to include e -Verify requirements; WHEREAS, Section 4 -Term; Duration of Agreement, Item 4.1 of the Agreement provides for the Duration of the Agreement and the parties desire to renew the Agreement for one additional two-year term; WHEREAS, the parties to desire to amend Section 8 —Termination to be consistent with F.S. 287.135 and; NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and CONSULTANT agree as follows: 1. The Continuing Contract Agreement for Geotechnical Engineering Services December 4, 2018 is amended as follows: Section 1— General, Item 1.1 shall read as follows: 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of County Commissioners, as authorized. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $35,000.00. Work orders shall be performed in a timely, efficient, cost effective manner, and in accordance with current professional standards. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is a lump sum, maximus amount no -to -exceed, task based or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized to each Work Order that does not conflict with the terms of this Agreement. Section 1 — General, Item 1.5 is hereby amended to incorporate a Revised Exhibit 1, attache this Renewal and Amendment 1, describing the sc�edule of current hourly and testing billing rates. Section 3 — Responsibilities of the Consultant — add the following item: 3.17 Consultant is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) :o confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and compliance for all subcontractors. Section 4 — Term; Duration of Agreement - The Agreement is hereby renewed for an additional two-year period beginning on December 4, 2021 and ending on December 3, 2023. Section 8 — Termination — add the following item: 8.9 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those related entities of CONSULTANT 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, CONSULTANT certifies that it and those related entities of CONSULTANT 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. COUNTY may terminate this Contrast if CONSULTANT 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. COUTNY may terminate this Contract if CONSULTANT, 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. Except as supplemented herein, the terms and conditions of the Continuing Contract Agreement shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Continuing Contract Agreement, the terms of this Amendment shall control. This Renewal and Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 280 IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. CONSULTANT: BOARD OF COUNTY COMMISSIONERS GFA INTERNATIONAL, INC. OF INDIAN RIVER COUNTY By: Title: By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal sufficiency: By: , Deputy Clerk Approved: Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney FI INDIAN RIVER COUNTY RENEWAL AND AMENDMENT NO. 1 TO CONTINUING CONTRACT AGREEMENT FOR CONTINUING GEOTECHNICAL ENGINEERING SERVICES This is the Renewal and Amendment No. 1 to the Continuing Contract Agreement for Continuing Geotechnical Engineering Services dated December 4, 2018 between Nutting Engineers, Inc. (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 1E01 27th Street, Vero Beach, Florida, 32960 (COUNTY). WHEREAS, the Parties entered into an Agreement dated December 4, 2018; WHEREAS, Section 1 — General, Item No. 1.1 of the Agreement provides for the issuance of Purchase Orders by the COUNTY for proposed services that total less than $15,000.00 and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of Commissioners as authorized; WHEREAS, Section 1, - General, Item 1.5 of the Agreement provides for the compensation for basic services to the CONSULTANT; WHEREAS, the parties desire to amend Section 3 — Responsibilities of the Consultant to include e -Verify requirements; WHEREAS, Section 4 -Term; Duration of Agreement, Item 4.1 of the Agreement provides for the Duration of the Agreement and the parties desire to renew the Agreement for one additional two-year term; WHEREAS, the parties to desire to amend Section 8 —Termination to be consistent with F.S. 287.135 and; NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and CONSULTANT agree as follows: 1. The Continuing Contract Agreement for Geotechnical Engineering Services December 4, 2018 is amended as follows: Section 1— General, Item 1.1 shall read as follows: 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of County Commissioners, as authorized. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $35,000.00. Work orders shall be performed in a timely, efficient, cost effective manner, and in accordance with current professional standards. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is a lump sum, maximus amount no -to -exceed, task based or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized to each Work Order that does not conflict with the terms of this Agreement. Section 1 — General, Item 1.5 is hereby amerded to incorporate a Revised Exhibit 1, attache2t0 this Renewal and Amendment 1, describing the schedule of current hourly and testing billing rates. Section 3 — Responsibilities of the Consultant — add the following item: 3.17 Consultant 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. Consultant is also responsible for obtaining proof of E -Verify registration and compliance for all subcontractors. Section 4 — Term; Duration of Agreement - The Agreement is hereby renewed for an additional two-year period beginning on December 4, 2021 and ending on December 3, 2023. Section 8 — Termination — add the followirg item: 8.9 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those relates entities of CONSULTANT 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 it a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinizes Companies with Activities in the iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes znd are not engaged in business operations in Cuba or Syria. COUNTY may terminate this Contract if CONSULTANT 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. COUTNY may terminate this Contract if CONSULTANT, 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. Except as supplemented herein, the terms and conditions of the Continuing Contract Agreement shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Continuing Contract Agreement, the terms of this Amendment shall control. This Renewal and Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 283 IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. CONSULTANT: BOARD OF COUNTY COMMISSIONERS NUTTING ENGINEERS, INC. OF INDIAN RIVER COUNTY By: Title: By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal sufficiency: By: , Deputy Clerk Approved: Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney INDIAN RIVER COUNTY RENEWAL AND AMENDMENT NO. 1 TO CONTINUING CONTRACT AGREEMENT FOR CONTINUING GEOTECHNICAL ENGINEERING SERVICES This is the Renewal and Amendment No. 1 to the Continuing Contract Agreement for Continuing Geotechnical Engineering Services dated December 4, 2018 between Tierra South Florida, Inc. (TSF) (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 180127 th Street, Vero Beach, Florida, 32960 (COUNTY). WHEREAS, the Parties entered into an Agreement dated December 4, 2018; WHEREAS, Section 1 — General, Item No. 1.1 of the Agreement provides for the issuance of Purchase Orders by the COUNTY for proposed services that total less than $15,000.00 and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of Commissioners as authorized; WHEREAS, Section 1, - General, Item 1.5 of the Agreement provides for the compensation for basic services to the CONSULTANT; WHEREAS, the parties desire to amend Section 3 — Responsibilities of the Consultant to include e -Verify requirements; WHEREAS, Section 4 -Term; Duration of Agreement, Item 4.1 of the Agreement provides for the Duration of the Agreement and the parties desire to renew the Agreement for one additional two-year term; WHEREAS, the parties to desire to amend Section 8 —Termination to be consistent with F.S. 287.135 and; NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and CONSULTANT agree as follows: 1. The Continuing Contract Agreement for Geotechnical Engineering Services December 4, 2018 is amended as follows: Section 1— General, Item 1.1 shall read as follows: 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of County Commissioners, as authorized. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $35,000.00. Work orders shall be performed in a timely, efficient, cost effective manner, and in accordance with current professional standards. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensa-ion is a lump sum, maximus amount no -to -exceed, task based or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized to each Work Order that does not conflict with the terms of this Agreement. Section 1 — General, Item 1.5 is hereby amended to incorporate a Revised Exhibit 1, attachelt5 this Renewal and Amendment 1, describing the schedule of current hourly and testing billing rates. Section 3 — Responsibilities of the Consultant — add the following item: 3.17 Consultant 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. Consultant is also responsible for obtaining proof of E -Verify registration and compliance for all subcontractors. Section 4 — Term; Duration of Agreement - The Agreement is hereby renewed for an additional two-year period beginning on December 4, 2021 and ending on December 3, 2023. Section 8 —Termination — add the following item: 8.9 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those related entities of CONSULTANT 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, CONSULTANT certifies that it and those related entities of CONSULTANT 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 Sectior 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this Contract if CONSULTANT 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. COUTNY may terminate this Contract if CONSULTANT, 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. Except as supplemented herein, the terms and conditions of the Continuing Contract Agreement shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Continuing Contract Agreement, the terms of this Amendment shall control. This Renewal and Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 286 IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. CONSULTANT: BOARD OF COUNTY COMMISSIONERS TIERRA SOUTH FLOIRDA, INC. (TSF) OF INDIAN RIVER COUNTY By: Title: By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal sufficiency: By: , Deputy Clerk Approved: Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 287 AA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Approval of the First Amendment to the Developers Agreement Between Indian River County and Florida Power & Light DATE: November 23, 2021 DESCRIPTION AND CONDITIONS On November 10, 2020 the Indian River County Board of County Commissioners approved a Developers Agreement between the County and Florida Power & Light (FPL) for the County to participate in funding off-site improvements on 98th Avenue south o- State Road 60. The Developers Agreement include the following off-site improvements: • 20' Right -of -Way Dedication for 16th Street without compensation for Phase 1. • 60' Right -of -Way Dedication for 98th Avenue without compensation for Phase 1. • Construction of 16th Street from the first driveway connection to 98th Avenue is to include the westbound left turn lanes for both entrances and an eastbound left turn lane at 98th Avenue, prior to issuarce of a certificate of occupancy (C.O.) for Phase 1. Construction of the remainder of 16th Street from the west property line to the first driveway connection to the site is to occur prior to issuance of a C.O. for Phase 2. • Reconstruction of 98th Avenue from the southern property line to SR 60 is to include 12 - foot travel lanes, and five (5) -foot bike lanes and a southbound right turn lane on 98th Avenue at 16th Street, prior to issuance of a C.O. for Phase 2. • 16th Street Sidewalk: A 5' wide sidewalk is to be constructed with associated ROW improvements as shown on the project's site plan. The final design of the 16th Street sidewalk will be reviewed and approved by the Public Works Department via the County right-of-way permitting process, and must be constructed prior to the issuance of a C.O. for Phase 2. • 98th Avenue Sidewalk: A 5' wide sidewalk is required along the site's entire 98th Avenue frontage. The final design of the 98th Avenue sidewalk will be reviewed and approved by the Public Works Department via the County right-of-way permitting process, and must be constructed prior to the issuance of a C.O. for Phase 2. • Streetlighting: Streetlights are required and will be maintained by FPL. The proposed streetlight locations and details are depicted on the project's site plan, and those streetlighting improvements must be installed, prior to the issuance of a C.O. for each respective phase. NM As part of the original Developers Agreement FPL constructed roadway improvements at a cost of $1,683,369.62 and as part of the agreement the County will reimburse FPL for the design, engineering and construction of improvements that would have been performed by the County in the near future. The improvements included the addition of 5 -foot paved shoulders, drainage improvements, and asphalt paving on the roadway section north of the project's north property line. The cost of the County's portion of the said improvements was not to exceed $378,689.52. During the project, unforeseen conditions arose during the construction process on 98th Avenue that necessitated addressing conditions which were notthe responsibility of the Developer. If the County had undertaken the original improvements specified above, the Countywould have been responsible forthe cost of addressing these unforeseen conditions in the amount of $54,501.10. FPL is requesting reimbursement of $54,501.10 for the unforeseen conditions encountered during construction as outlined in the attached First Amendment to the Developers Agreement. FUNDING. Funding is available in Optional Sales Tax/FPL Indian River Service Center Road Improvements, Account # 31521441-066510-21001 in the amount of $54,501.10. RECOMMENDATION. Staff recommends that the Indian River County Board of County Commissioners approve the First Amendment to the Developer's Agreement with FPL, approve additional funding in the amount of $54,501.10 for additional improvements, and authorize the Chairman to execute the Agreement. Attachment: First Amendment to Developer's Agreement Exhibit A Exhibit B Richard B. Szpyrka, P.E., Public Works Director Jon Rosenthal, Manager — Construction, FPL via email 1on.Rosenthal@fpl.com APPROVED AGENDA ITEM FOR: December 7, 2021 289 FIRST AMENDMENT TO THE DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND FLORIDA POWER & LIGHT COMPANY THIS FIRST AMENDMENT ("Amendment") is made and entered into this day of , 2021, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 27`h Street, Vero Beach, FL 32960 ("County") and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, 700 Universe Boulevard, Juno Beach, FL 33408 ("Developer"). WITNESSETH: WHEREAS, Developer is developing a service center at 1575 98th Avenue in Indian River County, Florida, to be known as the FPL Indian River Service Center; and WHEREAS, the County and the Developer share mutual goals and have determined that they can assist each other with respect to certain roadway, intersection, and drainage improvements as a condition of the Service Center approval; and WHEREAS, the County and the Developer entered into a Developers Agreement on November 30th, 2020 to set forth the terms and conditions to which they have agreed with respect to the matters contained in that Developers Agreement; and WHEREAS, unforeseen conditions arose during construction of 98th Avenue have necessitated addressing conditions which were not the responsibility of the Developer; and WHEREAS, the County would have been responsible to construct the infrastructure necessary to address these condition; and WHEREAS, the Developer has addressed these conditions during the construction process and is requesting reimbursement of said infrastructure improvements via this Amendment; . NOW, THEREFORE, for and in consideration of these premises, Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Developer do hereby covenant, stipulate, and agree as follows: Recitals: The foregoing recitals are incorporated as if fully restated herein. 2. Additional Drainage Improvements: Developer agrees to construct additional drainage improvements to facilitate the reconstruction of 98th Avenue from 16th Street to State Road 60, as a two lane paved street to accommodate offsite drainage not part of the approved plans developed by Kimley Horn and Associates, entitled "Indian River Service Center 98th Avenue & 16th Street; Project Number: 147088006". These drainage improvements are as follows: 290 At station 175+25, the Float -On access drive, the addition of a type "C" drainage inlet, replacement of an existing drainage culvert to facilitate roadway drainage, and an additional asphalt to facilitate the culvert replacement within the driveway. The additional cost of these improvements was $10,800.63 as outlined in attached Exhibit "A". A station 158+00 additional drainage work was necessary to accommodate off- site drainage that was not the responsibility of the Developer. The raising of two inlet tops, the addition of a type "C" inlet, and additional 150-1f of pipe were all necessary to address this issue. The cost of these improvements was $43,700.47 as outlined in Exhibit `B". County Contribution: The County's compensation to the Developer for the design, engineering and construction of these improvements, is amended to include the above and is increased from $378,689.52 to a not to exceed the amount of $433,190.62. 4. Miscellaneous: Except as amended above, the Developers' Agreement dated November 30, 2020 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Approved by: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA. By: Peter D. O'Bryan, Chairman BCC Approved: Attest: Jeffery R. Smith, Clerk of Court and Comptroller Deputy Clerk 2 291 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of Printed Reese Witness Signatje Printed Nanre: Stacy B. Winnubst STATE OF FLORIDA COUNTY OF�Rim �4(�C� FLORIDA POWER & LIGHT COMPANY a Florida Corporation By: Printed Name: Mathew Barrows Title: Senior Director, Corporate Real Estate The foregoing instr Wnt was acknowledged before me by means of physical presence or online notarization this 21 day ofynxr&wL , 2021, by \1g" oas st .�wenr km\ 9401v— of FLORIDA POWER & LIGHT COMPANY, a Florida CORPORATION, on behalf of the corporation, who is personally known to me or who has produced as identification. PrintNmne: LaTOya Reese (Notary Seal) Notary Public LATOYA N. REESE g, Notary Public -State of Florida My Commission Expires: �W&N r Commission # HH 102668 ',•E d My Commission Expires Match 10, 2025 3 292 EXMBIT "A" ASI 015 - PCO #51 293 Architect's Supplemental Instru�-tions PROJECT: CONTRACT INFORMATION: FPL Indian River Service Center I575 98th Avenue Vero Beach, FL 32966 OWNER: Florida Power & Light 700 universe Blvd Juno Beach, FL 33408 Contract For: General Construction Date: 04,06/2020 ENGINEER OF RECORD: Kimley-Horn and Associates, Inc. 445 24th Street, Suite 200 Vero Beach, FL 32960 ASI INFORMATION: ASI Nu nber: 016 Date: 02/10P1021 CONTRACTOR: Kast Construction 701 Northpoint Parkway, Suite 400 West Palm Beach, FL 33407 The Contractor shall carry out the Work in accordance with the following supplemental instructions and in accordance with the terms and conditions outlnaed in Article 9 of the Owner / Contractor Agreement as it relates to Contact Sum and Contract Time. Regarding changes to plan sheets listed below: • Plan sheet 14 of 9811 Avenue o Addition of a Type "C" ditch bottom inlet (S -114B) for future connection from the Float On property owner, replacement of existing culvert with the widening of the existing driveway o Addition of 39 LF of 15" HDPE pipe o Addition of 18.1 SY of asphalt concrete turnout ISSUED BY THE ENGINEER OF RECORD: Blaine Bergstresser. P.E. ENGINEER C SIGNATURE Blaine Bergstresser /Civil Engineer PRINTED NAME AND TITLE 02/10/2021 DATE 294 295 I I mutrn on ox nxz SUMMARY OF TURNOUTS SIRFETIUL& APROII O]NOIEf[ARFA ASPNRLTAPEA SIDE IxxEORI �� tONUflfSIOEVIAIR�E TUIXi rm"p-IEF51AO0.(TRAREi(x'i RODROOR SIAM (Fri WQVlIIAEMUtM— UAIM) E' REFOUNEF PWI Flm PUN PINAL PFMAVEVUi seslmax v it zaz K4 10NIb0 LT u xRz 1ePHSJF LT xs.e a LT 11 xle b.E IN s .e MT. as Lsa SUMMARY OF EARTHWORK uwunquvAFlon EAaaNRnvxrt srREETrW:x va va(rn PUN RNAI FWI EWAL IeTN STREET S)F eif TOTAL .. . •)S' .ltl.: R evrsrevs m ey>O orn FLORIDA PoWBR & LZOIY7• SUdfi3tAltY OF QUANTdTdES maul Nca sarxA;E nines AEvlsras r INDLWRIVER SERVICE CENTER AVENUE d 16,m STREET 295 296 1. jP,1,,1AITV Ellf 80MN EL - 15.0 DE, A ro ON- kIPHALT DANEWAY T A FVQT INDEX W-SiS AT A "r9N DATE. ... ........ ------ - ..... ... ........... In 0 M I MN N 0 ME= loonsommommEomm Nno lmmoom mmoom'mmo EMONSoIIMEMM o 0il NEINUMI 2=11 INNo0 oI mmummmmmiii■MEN 0■100Mr■=Sir■0■MEMO 1 IEEE=mqwwp MEN IN 0 MIN SOMEONE M 'm iMommal 11 -10 1. m m 11 all! 0, IN mommailli-orm-1 m ■ m I 011 mcomm, ME a ME ■mom I Sol M 0 IMSIIMM ON 11 W No I'M IN 11IM ME mmum I sm Im ME IN MI isms 119SEEPPAP OEM 0 IN 0 11111111M.Mlon M 1pmamalm IN ME■ME WON EVII, MEN! !I! so 0 moolmlm=ml�im M 0 MMEII MEN ENE IN 0 0 4MIN MOIF4 ME MEOW NEI 0 591 1 296 KAST CONSTRUCTION KAST Construction Company, LLC 701 Northpoint Pkwy, Suite 400 West Palm Beach, Florida 33407 Phone: (561) 689-2910 Project: 20-002-01 - FPL - Indian River Service Cen 1575 98th Avenue Vero Beach, Florida 32966 Prime Contract Potential Change Order #051: ASI -016 Float ON Drainage TO: FLORIDA POWER & LIGHT FROM: KAST CONSTRUCTION ATTN: PPC/GO RM 2420 9250 W FLAG -ER 701 Northpoint Pkwy, Suite 400 STREET West Palm Beach Florida, 33407 MIAMI Florida, 33174 PCO NUMBER/REVISION: 051/0 CONTRACT: 1 - FPL - Indian River Service Cen Prime 1 102 -300 -EARTHWORK ASI416 Float On Drainage SUBCONTRACTOR Contract REQUEST RECEIVED FROM: Jack McGowan (CBRE/Global Workplace CREATED BY: James Lent (KAST CONSTRUCTION) Builder's Risk: 0.27% Applies to all line Item types. Solutions - FPL) ' Fee; 5,00% Applies to all line Item types, $ 514.32 STATUS: Approved CREATED DATE: 2/22/2021 REFERENCE: r - PRIME CONTRACT None CHANGE ORDER: - FIELD CHANGE: No -�•��~ W.�_ __ _ _ �..........�.__._�....� LOCATION: —Site>98th Ave ~~ ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: 0 days TOTAL AMOUNT: $10,800.63 POTENTIAL CHANGE ORDER TITLE: ASI -016 Float ON Drainage CHANGE REASON: Client Request POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract is ChangecAs Follows) CE #082 - ASI -016 Float ON Drainage "Cut / demo newly installed 1st lift of asphalt/base Rock installed as proposed on sheet 14 of the 98th Ave & 16th St Service Center plans for installation of new pipe and restore asphalt profile to the driveway apron configuration provided per plan". ATTACHMENTS: IRCSS CO proposal 23 revpdf Float On N Driveway Rev.pdf # Cost Code Description Type Amount 1 102 -300 -EARTHWORK ASI416 Float On Drainage SUBCONTRACTOR $ 10,150.00 Subtotal: $10,150.00 GL Insurance; 1.07% Applies to all line item types. $ 106.61 Builder's Risk: 0.27% Applies to all line Item types. $ 27.70 ' Fee; 5,00% Applies to all line Item types, $ 514.32 Grand Total: $10,000.63 This proposal expires after calendar days and is subject to review and possible adjustment of Cost and Time thereafter. The Contract Time will be unchanged at this time, however this change impacts the Construction Schedule by calendar days for completion of this area, and at this time does not by itself, affect the critical path or Substantial Completion date, so long as approval of this pricing is received prior to the expiration date. Due to the late receipt of this change and the aggregate impact of additional changes that may cause a delay to project completion, the Contractor reserves the right to request additional Contract Time. KAST Construction Company, LLC page 1 of 2 Printed On: 3/1/2021 04 :05�tO PCO #051 i� • By signing below, Owner and Contractor indicate their agreement upon the adjustments to the Guaranteed Maximum Price and Contract Time described in this Prime Contract Potential Change Order (PCO), and by signing shall convert this PCO to a Change Order as defined In the General Conditions of the Contract for Construction, which may be recapped in a subsequent formal Prime Contract Change Order (PCCO) document. FLORIDA POWER & LIGHT ATTN: PPC/GO RM 2420 9250 W FLAGLER STREET MIAMI, Florida 33174 SIGNATURE KAST Construction Company, LLC KAST CONSTRUCTION 701 Northpoint Pkwy, Suite 400 West Palm Beach, Florida 33407 DATE SIGNATURE DATE 298 page 2 of 2 Printed On: 311/ 2021 04:05 PM March 1, 2021 TO: Mr. James Lent Sr. Project Manager KAST Construction 701 Northpoint Pkwy,. Suite 400 West Palm Beach, FL 33407 RE: FPL Indian River Service Center 1575 98th Avenue Vero Beach, FL 32966 Change Order Proposal #23 1w DICKERSON FLORIDA, INC. A COMPANY OF THE DICKERSON GROUP, INC, PO Boz 910 Fort Pierce, FL 34954-0910 phone 772-429-4444 fax 772-429-4445 Subiect: Pr000sal for Chanoe. Event # 082: New pipe and structure at north driveway of Float On business Note: C.O. to be governed by existing. contract. Sincerely, Dickerson FL, Inc. John L. Piuswick 299 ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE TOTAL 1 Remove and dispose of existing pipe 30 LF $15.00 $450.00 2 Install 15 ADS pie 40 LF $50.00 $2,000,00 3 Type C Inlet 1 EA $4,000.00 $4,000.00 4 Rock / asphalt patch 1 LS $3,700.00 $3,700.00 Cut / demo newly installed 1 st lift of asphalt / base rock Installed as proposed on Sheet 14 of the 98th Ave & 16th St Service Center plans for Installation of new pipe and restore asphalt profile to the driveway apron configuration provided per plan. Total 1 LS $10,150.00 Note: C.O. to be governed by existing. contract. Sincerely, Dickerson FL, Inc. John L. Piuswick 299 (II�iia� ASI 017 — PCO #060 & #061 300 Architect's Supplemental Instrw tions PROJECT: CONTRACT INFORMATION: ASI INFOMMATION: FPL Indian River Service Contract For: General ASI Number: 017 Center Construction Date: 04/15/2021 1575 98th Avenue Date: 04/06/2020 Vero Beach, FL 32966 OWNER: ENGINEER OF RECORD: CONTRACTOR: Florida Power & Light Kimley-Horn and Associates, Kast Construction 700 universe Blvd Inc. 701 Northpoint Parkway, Suite 400 Julio Beach, FL 33408 445 24th Street, Suite 200 West Pahn Beach, FL 33407 Vero Beeth, FL 32960 The Contractor shall cavy out the Work in accord ince with the following supplemental instructions and in accordance with the terms and conditions outlined in Article 9 of the Owner / Contractor Agreement as it relates to Contract Sum and Contract Time. Regardnig changes to plan sheets listed below: • Plan sheet I1 of 98" Avenue o Addition of grate collars to S-107 and S-110 o Relocation of fire hydrant at Sta 181+00 o Addition of Type "C" ditch bottom inlet (S -105A) o Addition of 150 LF of 15" HDPE pipe o Additional grading of swale along 981 Avenue ISSUED BYTHEENGINEER OF RECORD: Blaine Bergstresser. P.E. ENGINEER ��7 ,�' ��`7 f� SIGNATURE Blaine Bergstresser / Civil Engineer PRINTED NAME AND TITLE 04/15/202 DATE 301 302 moll- \-AFFEA TOVILMM PAViNG MAU Til ------------------------ _7 2 0 V OF . .90 "Ea '191"UN."', ME. Soo, OWFAL Toem r' oZ LULEM 5.fV LT Q-T �%IqCS, 'fJr V V.�ZV 0 �. �Pf - DBI rV'a.-;'v;&wY2 WATE '"'ose. m".r wivetaNG EL'22.10 11 W. — S."o. . WE— ILV. -ECTIV. EXIV. PWCX "LE TO BE MEWMED Te.- 21 "m 1W 2- ommmmmmmmmmmmmmmmommsl CCCCCCCC ON M MEEMIIM ilMlMENEM mCC�..CvC■CCCmC MI=c''::C=M:m ME ME ON MEElmmmmi M%moullmom MEE, MMENl0 M mommmum 1 MEEP 0 0 u IMMEM ME ME NONE 4-4 mCCpm IRON m NONE M IEEE ME M M ME MEMEMEM a CCC so M Iffiffia"Mma-1111 minC M on ENO im M MR■ME No: Ml Mw Hom "Nolomplim &I'ME ■C 11 ME ME 01 "Horn 302 KAST CONSTRUCTION KAST Construction Company, LLC 701 Northpoint Pkwy, Suite 400 West Palm Beach, Florida 33407 Phone: (561) 689-2910 �'_ • •1to1 Project: 20-002-01 - FPL- Indian River Service Can 1575 98th Avenue Vero Beach, Florida 32966 Prime Contract Potential Change Order #060: CE #096 - Parker Additional Amount Drainage $ 35,700.00 TO: FLORIDA POWER & LIGHT FROM: KAST CONSTRUCTION $41,068.00 ATTN: PPC/GO RM 2420 9250 W F+AGLER 701 Northpoint Pkwy, Suite 400 Builder's Risk: 0.279/6 Applies to all line Item types. STREET West Palm Beach Florida, 33407 $2,080 ' 97 MIAMI Florida, 33174 $43,700.7 PCO NUMBERiREVISION: 06010 CONTRACT:: 1 - FPL - Indian River Service Cen Prime Contract REQUEST RECEIVED FROM: Jack McGowan (CBRE/Globai Workplace CREATED BY: James Lent (KAST CONSTRUCTION) Solutions - FPL) STATUS: Approved CREATED DATE: 4/23/2021 REFERENCE:- m PRIME CONTRACT None r� CHANGE ORDER: FIELD CHANGE: -� No LOCATION: Site>98th Ave ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: 5 days TOTAL AMOUNT: $43,700.47 M �� POTENTIAL CHANGE ORDER TITLE: CE #096 - Parker Additional Drainage CHANGE REASON: Design Development POTENTIAL CHANGE ORDER DESCRIPTION: (The Contractus Changed As Follows) CE #096 - Parker Additional Drainage Additional structure and pipe to to tie in existing ditch along the north side of Parker Industries and drain to previously installed Structure 105. All MOT, materials, excavation, backfill, grading, sodding, tlowabie fill (if Necessary) and surveying required as part of the scope. ATTACHMENTS: 210423 FPL IRSC Parker Additional IRC requested Drainaae.odf_ Re-jised Parker Offsite Dra(nage.pdf {! Cost Code Desciptlon Type Amount 1 02-300 - EARTHWORK Parker Additional Drainage SUBCONTRACTOR $ 35,700.00 2 01-125 -PROJECT MANAGER 01 Parker Additional Drainage Management LABOR $ 5,368.00 Subtotal: $41,068.00 -GL Insurance : 1.07% Applies to all line Item types. $ 439,43 Builder's Risk: 0.279/6 Applies to all line Item types. $ 112.07 Pee: 6.00% Applies to all line item types. $2,080 ' 97 Grand Total: $43,700.7 This proposal expires after calendar days and is subject to review aid possible adjustment of Cost and Time thereafter. Because the timing of this Change and/or the aggregate impact of additional Changes may cause an unforeseen delay to project completion, Contractor reserves the right to request additional Time. KAST Construction Company, LLC page 1 of 2 Printed On: 4128/ 2021 12 :37A3 By signing below, Owner and Contractor indicate their agreement upon the adjustments to the Guaranteed Maximum Price and Contract Time described in this Prime Contract Potential Change Order (PCO), and by signing shall convert this PCO to a Change Order as defined in the General Conditions of the Contract for Construction, which may be recapped in a subsequent formal Prime Contract Change Order (PCCO) document. FLORIDA POWER & LIGHT ATTN: PPCIGO RM 2420 9250 W FLAGLER STREET MIAMI, Florida 33174 SIGNATURE DATE KAST CONSTRUCTION 701 Northpoint Pkwy, Suite 400 West Palm Beach, Florida 33407 SIGNATURE DATE 304 KAST Construction Company, LLC page 2 of 2 Printed On: 4128/2021 12 :37 PM r f ed0 Di{23 D_l April 22, 2021 TO: Mr. James Lent Sr. Project Manager KAST Construction 701 Northpoint Pkwy„ Suite 400 West Palm Beach, FL 33407 RE: FPL Indian River Service Center 1575 Beth Avenue Vero Beach, FL 32966 Change Order Proposal #30 Sublect: Proposal for Chanqe Event #096: Parker Additional Drainage \w DICKERSON FLORIDA, INC. A COMPANY OF THE DICKERSON GROUP, INC. PO Box 910 Fort Pierce, FL 34954-0910 phone 772-429-4444 fax 772-429-4445 Sincerely, Dickerson FL, Inc. ohn L. Pluswick 305 ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE TOTAL 1 Mobilization Pipeline 1 LS $4,500.00 $4,500.00 2 Water service relocate 1 EA $2,200.00 $2,200.00 3 Core ex. Structure _ i.vm-R1 EA $3,000.00 $3,000.00 4 15" HDPE 1-2 ( -- 150 LF $120.00 $18,000.00 5 Type C Inlet 1 EA $4,506.00 $4,500.00 6 Regrade swale / sod stabilize 1 LS $3,500.00 $3,500.00 days Total 1 LS $35,700.00 Sincerely, Dickerson FL, Inc. ohn L. Pluswick 305 g T_ KAST Construction Company, LLC 701 Northpoint Pkwy, Suite 400 West Palm Beach, Florida 33407 Phone: (561) 689-2910 Project: 20-002-01 - FPL- Indian River Service Can 1575 98th Avenue Vero Beach, Florida 32966 Prime Contract Potential Change Order #061: T&M Potholing & Parker Survey TO: FLORIDA POWER & LIGHT FROM: KAST CONSTRUCTION ATTN: PPCIGO RM 2420 9250 �% FLAGLER 701 Northpoint Pkwy, Suite 400 STREET West Palm Beach Florida, 33407 MIAMI Florida, 33174 PCO NUMBER/REVISION: p 061/0 CONTRACT: 1 - FPL - Indian River Service Cen ri—Prime _ Pme Contract REQUEST RECEIVED FROM: Jack McGowan (CBRE/Global VLorkplace CREATED BY- James Lent (KAST CONSTRUCTION) Solutions - FPL) STATUS:_ _ e Approved~ _ CREATED DATE: 4/23/2021 REFERENCE: PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: Site>98th Ave ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT. TOTAL AMOUNT: $2,907.33 POTENTIAL CHANGE ORDER TITLE: T&M Potholing & Parker Survey CHANGE REASON: Client Request POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract is Changed As Follows) CE #097 - T&M Potholing & Parker Survey 1. Additional potholing at Parker to identify existing utilities to allow fcr IRC required additional drainage 2. Full survey of ditch at north side of Parker from eastern most point to western retention lake ATTACHMENTS: IRCSS CO proposal 31.pdf IRCSS CO proposal 32,pdf # Cost Code Cescriptlon Type Amount 1 02-300 - EARTFIWORK Parker T&M Potholing SUBCONTRACTOR $ 1,640.20 2 02-300 - EARTHWORK ParkerT&M Ditch Survey SUBCONTRACTOR $1,092.00 Subtotal: $2,732.20 GL Insurance ; 1,07% Applies to all line Item types, $ 29.23 Builder's Risk: 0.27% Applies to all line Item types, $ 7.46 Fee: 8,00% Applies to all line Item types. $ 138.44 Grand Total: $2,907,33 This proposal expires after calendar days and is subject to review and possible adjustment of Cost and Time thereafter. The Contract Time will be unchanged at this time, however this change Impacts the -Construction Schedule by calendar days for completion of this area, and at this time does not by itself, affect the critical path or Substantial Completion date, so long as approval of this pricing is received prior to the expiration date. Due to the late receipt of this change and the aggregate Impact of additional changes that may cause a delay to project completion, the Contractor reserves the right to request additional Contract Time. KAST Construction Company, LLC page 1 of 2 Printed On: 4/28/ 2021 06 :15 'n06 CONSTRUCTION KAST PCO #061 By signing below, Owner and Contractor Indicate their agreement upon the adjustments to the Guaranteed Maximum Price and Contract Time described in this Prime Contract Potential Change Order (PCO), and by signing shall convert this PCO to a Change Order as defined In the General Conditions ofthe Contract for Construction, which may be recapped in a subsequent formal Prime Contract Change Order (PCCO) document. FLORIDA POWER & LIGHT ATTN: PPC/GO RM 2420 9250 W FLAGLER STREET MIAMI, Florida 33174 SIGNATURE KAST Construction Company, LLC KAST CONSTRUCTION 701 Northpoint Pkwy, Suite 400 West Palm Beach, Florida 33407 DATE SIGNATURE DATE 307 gage 2 of 2 Printed On: 4128/ 2021 06 :15 AM April 23, 2021 TO: Mr. James Lent Sr. Project Manager KAST Construction 701 Northpoint Pkwy,. Suite 400 West Palm Beach, FL 33407 RE: FPL Indian River Service Center 1575 98th Avenue. Vero Beach, FL 32966 Change Order Proposal #31 1w DICKERSON FLORIDA, INC. A COMPANY OF THE DICKERSON GROUP, INC. PO Box 910 Fort Pierce, FL 34954-0910 phone 772-429-4444 fax 772-429-4445 ouo ecu. rro osal Tor I &M WOM r0 poinoie ano survey In Tronr or ranter Tor oralna a oesl n. ITEM NO. DESCRIPTION QTY UNIT I UNIT PRICE I TOTAL 1 1work on 04-09-2021 1 LS $957.70 $957.70 2 work on 04-12-2021 1 LS $682.50 $682.50 Note: Extra work agreement tickets attached. Sincerely, Dickersori FL, Inc. John L. Pluswlck Totals 1 I LS 1 1 $1,640.20 308 DICKERSON FLORIDA, INC. NO. 2560 RENTAL OR EXTRA WORK AGREEMENT INVOICE TO: ICS' DATE: y' 7-,2 a*2 Address: JOB or P.O. No.: COUNTY: LOCATION: 12, e �-er- _ WORK PERFORMED:/rey �� �l/) L S ! lsi/ /17�i�'" C•cAF(j C:� GO j �) lcyr�d5 f (;'� <"t�9c/ S•c'/ /(�'?�`. LABOR NO. OF EMP HRS. PER EMP TOTAL HOURS RATE $ AMOUNT Unskilled Laborers D_ S 1(j 9Z '2-0 Skilled Laborers Foreman/Su envision L S 5 00 390. °Q Survey Crew EQUIPMENT RENTED WITH OPERATOR EQUIP NO. TYPE OF EQUIPMENT HOURS RATE $AMOUNT MATERIALS USED, SUPPLIER, DATE, TYPE ,",ND QUANTITY A TACHOELMY 17c"rP Description Quantity Price $Amount APP 2� TOTAL RENTAL WORK THIS DATE: $ S7 '70 Accepted Report Made By: .J �4 5-m Owner or Agent DFI Superintendent Green -Main Office Yellow-Gustomer Pink -Field Office Gold -Accounting 309 DICKERSON FLORIDA, INC. RENTAL OR EXTRA WORK AGREEMENT I NVOICE TO: I �� 5 /f DATE: Address: JOB or P.O. No. NO. 2559 _i �__2.v21 1/0Ey COUNTY: ,ydA lke(— LOCATION: rg S WORK PERFORMED: $icrl�eyv� <<: , c u6�tc C,�i' S a1z �es i G,•T������ PG/ Pole �rr/ Ce�1F�t`Cr td/,rk 14.%114,5;'r,-fe 'q, -?Ii LABOR NO. OF EMP HRS. PER EMP TOTAL HOURS RATE AMOUNT Unskilled Laborers Skilled Laborers Foreman/Supervision Survey Crew S✓ 36. s0 z, s0 EQUIPMENT RENTED WITH OPERATOR EQUIP NO.. TYPE OF EQUIPMENT HOURS RATE $AMOUNT MATERIALS USED: SUPPLIER, DATE, TYPE AND QUANTITY ATTACH IJELWRYTICI(ET! Description Quantity Prise $Amount APR v 6 2n2f DICKERSON TOTAL RENTAL WORK THIS DATE: $ g2, s� Accepted Report Made By:.1�a���r Owner or Agent DFI Superintendent Green -Main Office Yellow -Customer Pink -Field Office Gold -Accounting 310 April 23, 2021 1W TO: Mr. James Lent DICKERSON Sr. Project Manager FLORIDA, INC. KAST Construction A COMPANY OF THE DICKERSON GROUP, INC. 701 Northpoint Pkwy,. Suite 400 PO Box 910 West Palm Beach, FL 33407 Fort Pierce, FL 34954-0910 phone 772-429-4444 RE: FPL Indian River Service Center fax 772-429-4445 1575 98th Avenue Vero Beach, FL 32966 Change Order Proposal #32 Subject: Proposal to survey entire ditch along north side of Parker. ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE I TOTAL 1 Survey crew 8 HR $136,50 $1,092.00 Total 1 LS $1,092.00 Sincerely, Dickerson FL, Inc. John L. Pluswick 311 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Administrative Complex Native Plant Garden Agreement DATE: November 23, 2021 DESCRIPTION AND CONDITIONS On May 18, 2021 the Board of County Commissioners discussed the possibility of installing a native plant garden in front of Building A at the Administrative Complex. It was the decision of the Board to allow a native plant garden on the eastern side of the main entrance to Building A within the area just east of the sidewalk and to encompass the two existing palm trees. Staff was directed to work with representatives of the Pelican Island Audubon Society on a design and to bring the design back to the Board for Approval. The Board also directed staff to draft an agreement between the County and the Pelican Island Audubon Societyto guarantee the plant survival. On August 17, 2021 the Board discussed the Native Plant Garden configuration proposed for an area in front of County Administrative Complex Building A. The Board directed staff to workwith Dr. Baker and his design team to reduce the size of the proposed area of the garden, include a 5 -foot buffer between the garden and the existing hedge, consider lesser-known native plants as appropriate, and have Public Works staff coordinate the changes and present the revised design to the Board approval. The County Attorney was also directed to provide documents for the plant warranty and any necessary waivers. On October 5, 2021 Public Works presented the final conceptual drawings for the native garden to the Board for action. The Board approved the final conceptual drawings to allow the final full design of the native garden to move forward. The final construction drawings are nearing coripletion and in order for the project to move forward to the construction phase, staff is presenting the Native Plant Garden Agreement between the County and Pelican Island Audubon Society to the Board for action. The agreement allows forthe plantings to be placed on County property in the location approved by the Board and sets a 12 -month period for the Pelican Island Audubon Society to maintain the native plant garden. The 12 -month period is also a warranty to ensure that the native plants will establish growth. The agreement also allows the Public Works Director the discretion to require an additional 12 -month period for maintenance if the native plants do not grow as expected. FUNDING. County funding is not required for this project. RECOMMENDATION. Staff recommends that the Indian River County Board of County Commissioners approve the Native Plant Garden Agreement with the Pelican Audubon Soziety, and authorize the Chairman to execute the Agreement. Attachment: Indian River County Administration Complex Native Plant Garden Agreement APPROVED AGENDA ITEM FOR: December 7, 2021 312 INDIAN RIVER COUNTY ADMINISTRATION COMPLEX NATIVE PLANT GARDEN AGREEMENT This Indian River County Administration Complex Native Plant Garden Agreement (hereinafter "Agreement") is made and entered into by and between The Pelican Island Audubon Society Incorporated, a Florida not-for-profit corporation ("Organization"), and Indian River County, Florida, a political subdivision of the State of Florida ("County"). Recitals WHEREAS, the Organization desires to install and temporarily maintain a native plant garden at the Indian River County Administration Complex as set forth in Exhibit "A"; and WHEREAS, the County agrees to allow the Organization to install and temporarily maintain such native plant garden at the Indian River County Administration Complex; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Association and County hereby agree as follows: 1. The foregoing recitals are true and incorporated as if fully restated herein. 2. Organization agrees to install and maintain for twelve months, after the completion of construction, the native plant garden as set forth in Exhibit "A" at the Indian River County Administration Complex, at Organization's own cost and expense. If at the discretion of the County Public Works Director, the native plant garden growth and maintenance is not sufficient, Organization, shall continue to maintain the native plant garden for an additional twelve months. 3. County agrees to allow Organization to perform the work at the Indian River County Administration Complex, so long as such work does not unreasonably interfere with the public's ability to access to Building A of the Indian River County Administration Complex. 4. Organization warranties the maintenance of the native plant garden for 12 months after the period of time, either 12 months or 24 months, set forth in section 2 above. 5. This Agreement may only be modified in writing by mutual agreement of both parties. 6. The Organization shall defend, hold harmless, and indemnify the County, including its County's commissioners, employees, and agents from and against any and all claims, causes of action, losses, damages, expenses (including reasonable attorneys' fees) and other liabilities of any type whatsoever, arising out of or relating to Organization's negligence, intentional misconduct, or violation of this Agreement or applicable law. 313 7. General Liability Insurance: Organization shall obtain and keep in force a general liability insurance policy, occurrence based, with a general aggregate limit of no less than $300,000.00 and a single occurrence limit of $200,000.00. The County shall be named as additional insured and provided with a copy of the above documentation Workers Compensation and Employees Liability: Organization shall ensure that any contactor or subcontractor providing labor pursuant to this Agreement shall maintain Workers Compensation in accordance with the laws of the State of Florida. Automobile Insurance: If applicable, Organization shall ensure that any contractor or subcontractor providing labor pursuant to this Agreement shall maintain Automobile Insurance in accordance with the laws of the State of Florida. Evidence of insurance required per this Agreement must be submitted to the County by November 1St. No installation activities shall commence until such insurance requirements are satisfied. 8. If Organization does not comply with the terms of this Agreement, County has the authority to remove the native plant garden. 9. This Agreement may only be terminated by either party by providing ninety (90) days' written notice to the other party at the appropriate address below: If to Organization: Dr. Richard H. Baker President 522 N. Blue Island Lane Sebastian, FL 32958 If to the County: Indian River County Public Works Director 1801 27th Street Vero Beach, Florida 32960 With a copy to: Dylan Reingold County Attorney Indian River County 1801 27th Street Vero Beach, Florida 32960 The Pelican Island Audubon Society, Inc. Name/Title: Dr. Richard H. Baker President Date: 314 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Approved by BCC: , 2021. ATTEST: By: Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal sufficiency: Dylan Reingold County Attorney 315 1641 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: November 18, 2021 SUBJECT: Gaddis Properties, LLC's Request for Conceptual Planned Development (PD) Plan and Special Exception Approval for Sebastian Landing [PD -20-11-05 / 2004120183 -87715] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of December 7, 2021. DESCRIPTION & CONDITIONS WGI, Inc., on behalf of Gaddis Properties, LLC, is requesting conceptual planned development (PD) plan and special exception approval for a 72 unit multi -family apartment complex with associated amenities (e.g. clubhouse, fitness rooms, pool) to be known as Sebastian Landing PD. The project site is located on the east side of US Highway 1, south of 109`" Street. The project site is zoned RM -6, Residential Multiple - Family (up to 6 units per acre) and CON -2, Estuarine Wetlands Conservation District (see attachment 2). The subject site is vacant and has not been previously developed (see attachment 3). Planning and Zoning Commission (PZC) Recommendation: At its meeting of October 28, 2021, the PZC voted 6-0 to recommend that the BCC grant conceptual PD plan and special exception approval with the conditions recommended by staff (see attachment 1). PD Project Process The process involved in review and approval of the subject PD application is as follows: Approval Needed Reviewing Body 1. Conceptual PD Plan/Special Exception PZC & BCC 2. Preliminary PD Plan/Plat PZC 3. Land Development Permit (LDP) Staff 4. Final PD (plat) BCC The developer is now requesting approval of the first step. If the BCC approves the conceptual PD plan and special exception request, then the developer will need to file for and obtain preliminary PD plan/plat approval from the PZC. ANALYSIS 316 1 1. Project Site Size: Uplands: 9.68 acres Estuarine Wetlands: 3.78 acres Total: 13.46 acres 2. Zoning Classifications: RM -6, Residential Multiple -Family (up to 6 units per acre); and CON -2, Estuarine Wetlands Conservation District 3. Land Use Designations: L-2, Low -Density Residential -2 (up to 6 units/acre); and C-2, Conservation -2 (up to 1 unit/40 acres) 4. Unit Count: 5. Density: Uplands: 58 units On-site Wetlands: 3 units Off-site Wetlands: 11 units Total: 72 units Maximum: 7.43 units/acre Proposed: 7.43 units/acre Note: The unit count and density calculations provided in sections 4 and 5 above include a transfer of density from environmentally sensitive lands (estuarine wetlands) as provided in Comprehensive Plan Future Land Use Policy 7.2 and Section 915.08 of the County land development regulations (LDRs). See section 15 of this report for more details. 6. Open Space: Required: 51.1% (6.89 acres) Proposed: 68.4% (9.20 acre) Note: The minimum required open space calculation is based on a weighted average of the L-2 designated portion of the project site (9.68 acres) and the C-2 designated portion (3.78 acres). 7. Parking: Required: 144 Proposed: 146 8. Phasing: The project is proposed to be constructed in a single phase. 9. Utilities: The project will be served by public water and sewer service provided by County Utility Services. The County Department of Utility Services and the Department of Health have approved these project utility provisions. 10. Traffic Circulation: Access to the proposed development will be provided by a gated full movement driveway connection to US Highway 1, and that driveway connection is served by an existing median opening and an existing southbound left turn lane. The project's traffic circulation plan consists of a two way driveway system throughout the project site with 90 -degree parking spaces on both sides of the driveway system, and "Y type turnaround" for the Fire Department located at the northwest corner of the project site (see attachment 4). The proposed driveway connection and traffic circulation plan have been reviewed and approved by Traffic Engineering and Fire Prevention. Additionally, a traffic impact study (TIS) was not required 317 2 because the proposed project does not generate more than 400 average daily trips. Therefore, no offsite traffic improvements are required or proposed. 11. Stormwater Management: The project's conceptual stormwater management design proposes three separate stormwater ponds, and an interconnected system of stormwater pipes and drainage structures that will direct the project's stormwater runoff into those ponds (see attachment 4). Public Works has reviewed and approved the project's conceptual stormwater management design. The final design will be reviewed by Public Works via the land development permit (LDP) review process. 12. Environmental Issues: a. Estuarine Wetlands: Approximately 3.78 acres of estuarine wetlands exist on the project site adjacent to the Indian River Lagoon (see attachment 4). All of the estuarine wetlands will be preserved in place with the exception of a possible future dock connection from the uplands portion of the site to the Indian River Lagoon. Any future dock proposal will require a separate approval, and all required permits from applicable jurisdictional permitting agencies (e.g. ACOE, FDEP, SJRWMD). The developer must dedicate a conservation easement in favor of the County over the 3.78 acres of on-site estuarine wetlands prior to or via the project's final plat. b. Non -Estuarine Wetlands: Approximately .75 acres of isolated low -quality, non -estuarine wetlands exist on within the uplands portion of the project site. The developer proposes to fill the .75 acres of isolated, low -quality wetlands, and the filling of those wetlands will not require any mitigation. c. Native Uplands: Since the subject site exceeds 5 acres, the County's native upland set aside criteria apply to the project. Approximately 3.03 acres of intact native upland plant communities exist on the project site, and the project's set aside requirement is .45 acres (15% of 3.33 acres). The developer is proposing to set-aside .45 acres of on-site uplands in a single preservation tract located east of the estuarine wetlands (see attachment 4). The developer must dedicate a conservation easement in favor of the County over the .45 acres of on-site native uplands prior to or via the project's final plat. d. Tree Preservation: Presently, the project site is heavily wooded with a mixture of hardwood tree species (e.g. live oak), non -hardwood tree species (e.g. pine trees), cabbage palms, and invasive exotic vegetation. Hardwood specimen trees proposed to be removed must be mitigated per the County's tree mitigation requirements which allow re -planting and/or payment into the County's tree mitigation fund. All invasive exotic vegetation will be removed during development. The developer must obtain Environmental Planning staff approval of the project's final tree protection and mitigation plan prior to issuance of an LDP. 13. Required Dedications and Improvements: a. Perimeter PD Buffers: A 25 foot wide Type `B" buffer with a 6 foot opaque feature is required and proposed along the project's north and south property lines (see attachment 5). The opaque feature will consist of a combination berm/hedge, and will be located within separate landscape buffer tracts. The developer must obtain Planning staff's approval of the final design of the buffer and opaque feature prior to issuance of an LDP. The required buffer improvements must be installed, inspected, and accepted prior to the issuance of a certificate of completion (C. of C.). 318 3 b. Internal Sidewalk/Pedestrian System: An internal sidewalk/pedestrian system is required and proposed throughout the project site. The final design of the internal sidewalk/pedestrian system will be reviewed via the project's LDP, and must be constructed, inspected, and accepted prior to the issuance of a C. of C. c. Streetlighting: Streetlights are required and proposed, and will be maintained by the property owner. The proposed streetlight locations are depicted on the conceptual PD plan. The final design of the streetlights will be reviewed via the project's LDP. The project's streetlights must be installed, inspected, and accepted prior to the issuance of a C. of C. d. Common Green Space and/or Recreation Area: At least 7.5% of the total site area shall be set- aside as dedicated common green space and/or recreation area. For this project, the developer proposes to provide 1.32 acres, which is 9.8% of the site. The 1.32 acres will be provided in the form of a cabana and community pool tract, and the uplands set-aside tract. Staff has verified that the common green space/recreation areas are located and designed as an amenity conveniently accessible via the project's internal sidewalk system. Therefore, the project satisfies the County's green space/recreation area requirements. 14. Landscape Plan: A conceptual landscape plan has been included with the project's conceptual PD plan application (see attachment 5). The conceptual landscape plan shows the location of the project's required perimeter PD buffers, Thoroughfare Plan road buffer (US Highway 1), open space landscape areas, lake shoreline trees, and littoral zone plantings. The developer must obtain Planning staff's approval of the final landscape plan, prior to the issuance of an LDP. All required landscape improvements must be installed, inspected, and accepted prior to the issuance of a C. of C. 15. Transfer of Density: As outlined in the County's PD regulations (Chapter 915), the developer is requesting PD approval in order to transfer density from the 3.78 acres of on-site estuarine wetlands to the uplands portion of the site. The developer is also proposing to transfer density from 11.6 acres of off-site estuarine wetlands to the uplands portion of the project site through a transfer of density agreement with the CGW mitigation bank (located in along the Indian River Lagoon in central Indian River County). For both transfers of density, the maximum density shall not exceed 1 unit per acre of estuarine wetlands. Staff has confirmed that both transfers of density do not exceed the maximum allowable density, and any other limitations outlined in Section 915.08(2) of the County LDRs. The applicant is not seeking any design waivers (increases or reductions) from the RM -6 zoning and dimensional requirements through the PD process. In project areas where density transfers are used, no construction of dwelling units may commence until deed restrictions and/or easements have been approved and recorded which ensure protection and preservation of the area from which the density has been transferred. Said restrictions and/or easements shall effectively restrict development within the environmentally sensitive area(s) pursuant to provisions of Chapter 928, and shall be in a form approved by the County Attorney's Office for legal form and sufficiency. The substance of such easements and restrictions shall substantially conform to the conservation easement language set forth in the Florida Statutes. The required deed restrictions and/or easements must be provided by the developer prior to issuance of an LDP. 16. Concurrency: As required under the County's concurrency regulations, the developer has applied for and obtained a conditional concurrency certificate for the project, which is sufficient for preliminary PD plan/plat approval. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity was available to serve the subject project at the time of the 319 4 determination. The developer will, in accordance with County concurrency regulations, be required to obtain a final concurrency approval prior to issuance of a building permit for each apartment building. 17. Surrounding Land Use and Zoning: North: River Run Condominiums, Single -Family Homes / RM -6, RS -6 East: Single -Family Homes, Indian River Lagoon / RS -6 South: Reflections on the River Condominiums / RM -6 West: US Highway 1, Vacant / City of Sebastian Jurisdiction All conditions recommended by staff have been accepted by the developer. RECOMMENDATION: Staff recommends that the BCC grant conceptual PD plan and special exception approval, with the following conditions: Prior to issuance of a land development permit, the developer shall: a. Provide a recorded copy of the required deed restrictions and/or easements that restricts development within the environmentally sensitive areas (on-site and off-site), in a form approved by the County Attorney's Office for legal form and sufficiency. b. Obtain Planning staff approval of the final landscape plan, the final internal sidewalk/pedestrian system plan, and the final streetlighting plan. C. Obtain Environmental Planning staff approval of the final tree protection and mitigation plan. 2. Prior to issuance of a certificate of completion, the developer shall: a. Install the required internal sidewalk/pedestrian system. b. Install the required buffers and landscape improvements. C. Install the required streetlighting improvements. Prior to or via the final plat, the developer shall dedicate a conservation easement over the 3.78 acres of on-site estuarine wetlands and the .45 acres of on-site native uplands. Attachments: 1. Excerpt from Draft October 28, 2021 PZC Minutes 2. Location Map 3. Aerial 4. Conceptual PD Plan 5. Conceptual Landscape Plan 320 5 Mr. Mucher asked if the public frontage road would be dedicated or remain private. Mr. Sweeney responded it will be not be a county dedicated road and will be the responsibility of the HOA, although the public will have access. Mr. Polackwich asked about minimum setbacks and lot sizes and inquired about the distance between residences. Mr. Sweeney explained the setback requirements. Mr. Matson added it is lower density than what is possible. Mr. Polackwich asked if there was a median break at US Highway 1 at the entranceway. David Knight with KMA Engineering and Mr. Ryan Sweeney proceeded to answer the Commissioners questions about traffic configuration with relation to the project entrance. Chairman Day commented there is no traffic light at County Rd. 510. Mr. Sweeney noted there is a stop sign and directional arrows. Chairman Day opened the floor for puLlic comments, there were none. He then asked for a motion to approve the staff's recommendation. ON MOTION BY Mr. Curtis Carpenter, SECONDED BY Ms. Beth Mitchell, the members voted unanimously (6-0) to approve staff recommendations on this Quasi -Judicial matter. Public Hearing Chairman Day read the following into record. B. Sebastian Landing PD: Request for conceptual planned development (PD) plan and special exception approval for a 72 -unit multi -family apartment complex with associated amenities. Gaddis Properties, LLC, Owner. WGI, Inc., Agent. Located on the east side of US Highway 1, south of 109th Street. Zonings: RM -6, Residential Multiple - Family (up to 6 units per acre) and CON -2, Estuarine Wetlands Conservation District. Land Use Designations: L-2, Low -Density Residential -2 (up to 6 units/acre) and C-2, Conservation -2 (up to 1 unit/40 acres). Density: 7.43 units/acre. [PD -20-11-05 / 2004120183 -87715] [Quasi -Judicial] Chairman Day asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. Mr. Polackwich said he spoke to two county employees regarding the project. The members stated that they had not had any ex -parte communication with the developer. Mr. Sweeney reviewed information regarding the planned development process and gave a PowerPoint presentation, copies of which are on file at the Board of County Commissioners (BCC) office. Mr. Sweeney showed a location and aerial map of the 13.46 acre site. He explained the proposed plan is for a total of 72 multi -family units. All wetlands are to be preserved. Mr. Sweeney showed traffic circulation and landscape plans. Mr. Sweeney proceeded to answer questions from the Commissioners. Mr. Sweeney 321 explained the applicant is sEeking a transf r of density from Environmentally sensitive areas, v�rich in this case are avetlands. He proceeded to explain there are li;nitabons or the amount of density that can be transferred. The coy my ercour=-ges a transfer of density as incentive to protect and preserve wetlands. Mr_ Sweeney enc ad his presentation by affirming ire staffs recomme9dation with its associated co,iditicns. Chairman Cay asked if the Commissioners had any questions. Ur. Sweeney proceedec to answer questions from the Commissioners regarding the zoning classification anc lane use designation. Mr. Polackwiich asked Mr. Sweeney if puolic berEfit was -equ" and/or present. Mr. Sweeney expla�ned the wetlands cculd be partial °y filled and de -✓eloped, however, t -ie public benefit :s the permanent pres.ervat cn of watlands. Mr. S%VEeney explained this project is the -_.ame or slightly lower in de-i3ity co-iparec to surrounding developmerts. Mr. Polackwich asked abort spec�el exception use and if _he de,/eloper i=_ required to show they will not negatively '.mpal surrounding properties, Mr. De3raal sated tae mde indicates the applicant shall have the responsibillity to provide evidence to support their application, and that the developers presentLtion w=s fo-thco,-ning Chairman Day opened the public hearing beginning with the deve=lopers prasert=tion. Mr. Josepr Paladin, Presidert of Black Swan Corsi.Iting and Management Corporatior: and the o-hn-ers representative, spoke and offered -i s contact in�ormation and availability any timE to answer questions. He introduced the present projec staff 4s folloivs: Mat. Barnes, WGI, Inc. planner, Craig Chown, principa' CGW mitigation bank, hair. Ortega traffic ergineer, and David C`stein, owner's representative. Mr Paladin stated he feels the project will fulfill a need i -i the commun ty, prov ding -ental-cusing at mar -,,,&t rates. Mr. Polackvvich asked for clarity regarding locaticn of adjacent propert es. Mr. Paladi.^ explained ti -e project is surrounded by the s ngle and mcl6-fame v home communities of Peflecticrs and River Run as well as the Pleasant -A le assisted "i%;ng facility. Matt Barres of WGI, Inc. then gave a presertation on behalf cf the owner. Fe showed the site pla-) and explained la idscape buffer and seth-ack Jimen is ins and hich1,*tted the p-oposed open space. Mr. 3arnes outlined the transfer of -developrrrent rights and o-ovided •a breakdown. Mr. Earnes proceeded to a:tolain benefi_s of the project include o-eservaticr of acres of wetlerds and uplands, as -ell as landre:ape bcffers and larger setbacks and open spaces than required. He noted the prdect is consistent and compatible with existing uses. Mr. Barnes proceeded to answer 3;ammiss oner q �estions aoout zoning along with Mr. Sweeney and M% Matson. V r. Joseph Braun, President of River Run Assoc ation approE hed the pod -um and asked Mr. Barnes about the meaning of 10W medium rnulti-femily dei elopm nts" as mentioned in his presentation Mr. Barnes clarified I e used that tE ,m coil-Jqu a ly and not as a defirvec term. V r. Craig Chown of CGW Mitigation spoke about the partnership ,Kith the ccu ity anc how Tis project maximizes presevation. He pointed out that 151 ams South of the Grand -arbor su civision and 1 mile of riverfront ars preserved in the CGW mitigatio-i bark. 322 Il Jeo Pa:elo, resident at 109th St. (private road North of the project) asked for clarification about -he setbacks as the die grarr seemed to show the River Run community o -i the north side Mr. Sweeney responded a -d explained the location of the landscape b,affers Mr. Pate'o expressed concern about a multi -story building being close to his house. Chairman Day showed the location of Mr. Patelo's proper y or :he diagram. Mr. Patelo noted the building will partially shade his home. Sommissioner Curtis Carpenter ooinlec out the developers diagram show --d the specific distances and that the setback s 76 feet when on y 15 feet is required. Mr. Pa-elo also expressed concern about making a U-turn on US Highway 1 to enter his street in the location o- the orogecl entrance because there is no traffic light planned. Ma. Sweeney explained the total average daily .r ps is below the threshold. Mr. Jol-n Ferraro, resident of Reflections o --i the River asked the Cornmisslo°ners why they v,l fc consider making proposed charges. Chairman Day responded by painting out `his project could :e much worse and that ~ie believes this proposal is an excellent use of `he land. Ms. Audrey BusVey, President of the Bcard of Directors at Ref ections on _he River, approached the FZC. Ms. Bushey states the .main concerns of their residents are safety and security. She asked about the road tl at separates the two prope-ties and ask =d about the landscape bL.-fer. Mr. Sweeney showed tine properies on the diacrarn. Ms. Bushey asked about the distarce from the first building. Mr. Sweeney explained there is 85 feet of separation be_✓neer. buildings. Mr. Barnes and Mr. Sweeney proceeded to answer questions aLout t -aa landscape buffers. IVs. 3Lshey also asked about lighting, expressing concern about tho villas and the impact of lighting on privacy. Mr. Sweeney noted the lic'ntiig is sl -own on the diagram and is to be firther reviewed by staff trrougnout the process. Ms. Bushey also expressed traffic impact concerns because a traffic hcht is not planned. Ms. Bushey expressed she would like the developer to take ccnsicera+tion in the type of plant ngs used in the buffer and `hat t -ey were pleased witn the buffer provided bu the assisted living facility. Ms. Bushey asked if the buffer would Le a wal or p antings. Pvlr. Sweeney in6,:atec the buffer will be a berm of approximately 5 fee`. Com-Tissioner Slewarl noted the developers diagram showed a type 3 buffer with a berm and a wall. Mr. Sweeney clarified it is to be a berm and a fence. Mr. Barnes c"arifi d the buffer di-nens ons. Paul —Speas, resident of 6240 East Mirror Lake Dr. at Reflections or the R. ver, asked for clarit-r about the berm. Mr. Barnes responded there will be a fence within the germ. Mr. Speas asked if ncn-native trees would be removed and replaced with native plaints. Mr. Paladin responded tha- pepper trees will no be removed within the wetlands. Mr. Speas e),pressed concern about trash and overgrown weeds at the joL site and asked for assura:rce the property will be maintained throughout the project Mr David Ofstein, reoretati�e of the owner, expressed they plan to be good neighbors and maintain the property. Mr. Speas expressed concern about preservation of wetlands and that he didn't want to see wetlands filled. Mr. Speas sent M-. Sweeney pictures of what appears to be a =loida panther in the area and expressed concern for protected spec es. Mr. Sweeney 323 indica4ed there are more stringert environmenta reviews after approval. Mr. Speas expressed ccncern abcui the property buffers and future traffic impart. Mr. Joe Braur, President of River Rur Assoc: ation, spoke and indica-ed he had seat a °ist of questions to Mr. Sweeney. Mr. Sweeney responded most of the quest°ons had been addressed by the devellooers presentEtion. Mr. Braun asked about the drainage of .he three E;ormw.ater ponds. Adam S-hildmeier with WGI, Ing. indicated the stormwater ,ponds are discharged teas^✓ard the wetbnds. Chairman Day asked if the water percolates trough to the -Aetlands o, surface f'ow Mr. Sweeney responded sur -ace flow. Mr. BraLn asked if curren` zoning restricts tfre buildings to four stories in height. Mr. Sweerey resporded they will be twee story buildings. Mr. David Ofstein showed floor plans and oonceptual ele✓ations and explained the site p an regarding unit size and dimension. PAr. Braun asked ab-eut locafcon of the buffer zonewithin the property dimensions. Mr. Cfste;n showed a diag am of the Duffer locations. Mr. Ofstein explaired the cel✓eloper has made efforts to minimize impacts to abutting proper. es and maximized incentives to preserve wetlands, pointing out he setbacks are further than required. Mr. Braun asked if ary condominiums or co-ops are planned. Mr. Ofstein responded no and that the property s to be a market rate rental property v✓Kh on site management. Mr. Braur asked if the planned dev&cpment is .a senior community. her. Ofstein responded i- will not be a senior community. h11,. Ofstein briefly overvievved questions that had been addressed by trie deveooers presentation. Mr. Ofsteir indicated a community hotline number will be availatle if anyone has cestions trroaghout the project. Chairr.an Daw asked if There are ary ofher comments. I'Ar. Speas commented chat count' staff have been very helpful throughout this process. I`Ar. Speas sta`ed the assisted living de✓eloperworked well wish the com-nunity and asked t°ne same of this project. A agreed is is a team effort. Mr. Matson than<ed him for the kinJ words. There being no other comments, CVai"man Day closed the public hea-ng and called t!cr motic n. N'r. Polackwici expressec conce-n `or :he sincle family home owner who spoke tonigl t and asked if there are any additions: buffer characteristics that colild oe added to minimize the impact to :his home owner. Mr. Sweeney poirted out t is the side of the building that faces the si-ogle fami y horse. Mr. DeBraal stated his con`idence that buffer- and trees will be .added to alleviate tl-e problem. Mr. DeBraal encouraged the home owner to get Mr. Paladin's contact informa-ion. Mr. Wicher asked about the zoning history. Mr. Sweene,/ responded zcn.ng anc land use cianges were made in the nineties. Mr. Carpenter expressed he .anderstanads concerns of the neighbors and pointed out the project could ke much w`irse in respect to loss of wetlands and design. 324 ON MOTION BY Ms. Beth Mitchell, SECONDED BY Mr. Jordan Stewart, the members voted unanimously (6-0) to ,approve staff recommendations on this Quasi -Judicial matter. Mr. Sweeny stated this matter still has to come before the Board of County Commissioners and there will be another round of mailings and postings tentatively in December. Commissioner's Matters There were none. Planning Matters Mr. Matson asked the Board to keep November 18th available as a tentative meeting date for the next meeting. Mr. Matson asked for a volunteer to alternate for the Affordable Housing Committee. Ms. Beth Mitchell volunteered. Chairman Day stated about a year ago a water workshop was discussed and that he still thinks this is a good idea. Mr. Matson agreed. Attorney's Matters There were none. Adiournment There being no further business, Chairman Day adjourned the meeting at 9:OOpm. 325 E B A e C Nape; PAffbF TH ttrSATODAYI TVNiyk I-idian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that helshe is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in VEro Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian Riper County, Florida, for a period of one year next preceding the fist publication of the attached copy of advertisement; and afficnt further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refuid for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has bean entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of o -ie year next preceding the first publication of the attached copy of advertisement. Issue(s) dated before where the dates are noted: 111/2112021 Subscribed and to before on November 22, 2021: �" Ae jqlt� My commiss" n expire Publication Cost: $136.80 Ad No: 0004993405 Customer No: 1310785 PO #: # of Affidavits: 1 AMY KOKOTT Notary Public State of Wisconsin NOTICE OF PUBLIC HEARING - PLANNED DEVELOPMENT RE- QUEST This is notice of a public hear- ing of the Indian River County Board of County Commission- ers to consider granting con. is a proposal by G zrties, LLC to deve to be known as .anding PD. The r ect proposes tour separate multi -family apartment build- ings each containing 18 units (72 total units) on approxi- mately 13.46 acres located at the southeast corner of US Hinhwav i and 109th Street. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Indian River County Board of County Commissioners in the Count Commission Chambers of County Administration Building A, located at 1801 27th Street, Vero Beach, Flori- da on Tuesday, December 7, 2021 at 9:00 AM. Please direct planning -related questions to the Current De- velopment Planning Section at 772-.226-1239. All docu- ments pertaining to this re- quest are on file in the Indian River County Planning Divi- sion, located at 1801 27th Street within building "A' of the County Administration Complex. Documents may be reviewed by members of the � ublic during normal business hours, All members of the public are invited to attend and participate in the public hearing. Anyone who may wish to ap- pcal any decision, which may be made at this meeting, will need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CON- TACT THE COUNTY'S AMERI- CANS WITH DISABILITIES ACT (ADA) COORDINATOR AT (772) 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS- SIONERS BY -s- Joseph E. Flescher, Chairman Pub: November 21, 2021 TCN4993405 12'1jZ1 32-1-1 10AZ �RtVEIJ c Office of the INDIAN RIVER COUNTY \** ADMINISTRATOR ORIO �* Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: November 8, 2021 SUBJECT: Public Hearing Re: Petition to Establish Lakeside at Indian River Community Development District Background On October 21, 2021, Jere Earlywine submitted to Indian River County a Petition to Establish Lakeside at Indian River Community Development District ("Petition'). The Petition seeks to establish the first Community Development District in Indian River County (CDD). Per section 190.003, Florida Statutes, a CDD is defined as a local unit of special-purpose government. The main purpose of a CDD is to plan, finance, construct, operate and maintain infrastructure and services in a development. The financing for the infrastructure and services is through the issuance of tax-exempt bonds, with the principal and interest then paid back over time by the residents through assessments on the annual property tax bill. Please note that the CDD assessment is in addition to the other taxes and assessments on the annual property tax bill and homeowner's association fees that are not found on the annual property tax bill. The CDD is a financing option for developers that allows them to shift the upfront development costs of a project onto the future residents of a development. Unfortunately, many homebuyers who purchase property located in a CDD will not understand the ramifications of owning property within a CDD, even though buyers are provided with documents which require disclosure. CDD fees can range from $1,000 to $4,000 a year. If these assessments are not paid, homeowners can lose their homes through the same process established under Florida statutes for not paying property taxes. The proposed district under the submitted Petition would cover approximately 208.02 acres of land, located south of Oslo Road, east of Interstate 95, west of 27th Avenue SW, north of 25th Street SW and bisected by 43rd Avenue SW. The property is owned by FVP Miami Lakes, LLC. As set forth in the Petition, the proposed district would be responsible for financing various infrastructure improvements such as the stormwater management system, roadways and water and wastewater systems. The total estimated cost of the proposed facilities, as set forth in the Petition, is roughly $22 million. 330 Per section 190.005, Florida Statutes, the Indian River County Board of County Commissioners ("Board") has the authority to establish a CDD of less than 2,500 acres in size. The Board is to consider the record of the public hearing and the factors set forth below in making a determination as to whether to grant or deny the Petition. 1. Whether all statements contained within the Petition have been found to be true and correct. 2. Whether the establishment of the proposed district is inconsistent with any applicable element or portion of the state comprehensive plan or of the Indian River County Comprehensive Plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the proposed district is the best alternative available for delivering community development services and facilities to the area that will be served by the proposed district. 5. Whether the community development services and facilities of the proposed district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the proposed district is amenable to separate special -district government. County staff does not believe that the proposed district is the best alternative available for delivering community development services and facilities to the area that will be served by the proposed district. The Petition calls for the establishment of a CDD for the 208.02 acres of land, which is anticipated to contain approximately 320 residential dwelling units. To date, two separate Preliminary Planned Development applications have been submitted to Indian River County that make-up the 208.02 acres covered by the Petition. One project site is east of 43rd Avenue and the other project site is west of 43rd Avenue. Both of the proposed developments received Conceptual Planned Development Approval in 2004. Through the Planned Development review process, both projects provide additional public benefits over -and -above the County's conventional development standards; however, those public benefits are provided in order to offset waivers (increases or reductions) from the County's conventional development standards. Therefore, the proposed CDD offers no additional services or facilities that makes it appropriate for the establishment of an additional governmental entity that has the authority to issue tax exempt bonds. It appears that the proposed development will meet the basic requirements of Indian River County's land development regulations, including the County's Planned Development requirements. However, without additional services or facilities, the best alternative for delivering the services under this development is to have the developer fund those costs upfront, as other developers have done in Indian River County, without passing those costs onto future property owners on the annual property tax bill. Indian River County is a desirable community, which has attracted a significant, healthy amount of growth over the last several years without the use of CDD's. County staff would recommend that the Board consider CDD's only in situations where a specific project is going to provide an important additional benefit (e.g. significant additional public amenities, special conservation component, the need to overcome a substantial infrastructure obstacle), which could then make a CDD the best alternative for delivering community development services and facilities. Staff Recommendation Staff recommends that the Board of County Commissioners open the public hearing and receive input from the petitioner and any interested members of the public and consider the proposed ordinance to establish the 331 Lakeside at Indian River Community Development District. Staff also recommends that the Board make a determination that the proposed Community Development District is not the best alternative for delivering community development services and facilities to the area that would be served by the district and deny the petition to establish the Lakeside at Indian River Community Development District. Attachments Petition to Establish Lakeside at Indian River Community Development District Proposed Draft Ordinance to Establish the Lakeside at Indian River Community Development District 332 PETITION TO ESTABLISH LAKESIDE AT INDIAN RIVER COMMUNITY DEVELOPMENT DISTRICT Submitted by: Jere Earlywine Florida Bar No.155527 jere@kelawgroup.com KE LAW GROUP, PLLC P.O. Box 6386 Tallahassee, Florida 32314 (850) 528-6152 (telephone) 333 BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA PETITION TO ESTABLISH A COMMUNITY DEVELOPMENT DISTRICT Petitioner, Meritage Homes of Florida, Inc. ("Petitioner"), hereby petitions the Indian River County Board of County Commissioners pursuant to the "Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes (2021), to establish a Community Development District ("District") with respect to the land described herein. In support of this petition, Petitioner states: 1. Location and Size. The proposed District is located entirely within Indian River County, Florida, and covers approximately 208.02 acres of land, more or less. Exhibit 1 depicts the general location of the project. The site is generally located south of Oslo Road, east of Interstate 95, west of 27th Avenue SW, north of 25th Street SW and bisected by 43rd Avenue SW. The metes and bounds description of the external boundary of the proposed District is set forth in Exhibit 2. 2. Excluded Parcels. There are no parcels within the external boundaries of the proposed District which are to be excluded from the District. 3. Landowner Consents. Petitioner has obtained written consent to establish the proposed District from the owners of one hundred percent (100%) of the real property located within the proposed District in accordance with Section 190.005, Florida Statutes (2021). Consent to the establishment of a community development district is contained in Exhibit 3. 4. Initial Board Members. The :ive (5) persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: Joseph Kathman, Martha Schiffer, Mark MacFarland, Matthew Collins and Meghan Palacios. All of the above -listed persons are residents of the state of Florida and citizens of the United States of America. 5. Name. The proposed name of the District is the Lakeside at Indian River Community Development District. 6. Maior Water and Wastewater Facilities. The existing major trunk water mains and wastewater interceptors within the proposed lands to be included within the District, if any, are reflected in Exhibit 4. Exhibit 4 also demonstrates the planned water, wastewater and drainage plan for the lands to be included within the District. 7. District Facilities and Services. Exhibit 5 describes the type of facilities Petitioner presently expects the proposed District to finance, fund, construct, acquire and install. The 334 estimated costs of construction are also shown in Exhibit S. At present, these improvements are estimated to be made, acquired, constructed and installed in three (3) phases from 2022 to 2026. Actual construction timetables and expenditures will likely vary, due in part to the effects of future changes in the economic conditions upon costs such as labor, services, materials, interest rates and market conditions. Exhibit 5 also lists the entities anticipated to be responsible for the ownership, operation and maintenance of the facilities that the Petitioner expects the District to fund and/or construct. 8. Existing and Future Land Uses. The existing land use is pasture land. The future general distribution, location and extent of the public and private land uses within and adjacent to the proposed District by land use plan element are shown in Exhibit 6. These proposed land uses are consistent with the Indian River Co-inty Comprehensive Plan. 9. Statement of Estimated Regulatory Costs. Exhibit 7 is the statement of estimated regulatory costs ("SERC") prepared in accordance with the requirements of Section 120.541, Florida Statutes (2021). The SERC is based upon presently available data. The data and methodology used in preparing the SERC accompany it. 10. Authorized Agent. The Petitioner is authorized to do business in Florida. Exhibit 8 identifies the authorized agent for the Petitioner. Copies of all correspondence and official notices should also be sent to: Jere Earlywine fere@kelawgroup.com KE LAW GROUP, PLLC P.O. Box 6386 Tallahassee, Florida 32314 (850) 528-6152 (telephone) 11. This petition to establish the Lakeside at Indian River Community Development District should be granted for the following reasons: a. Establishment of the proposed District and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of the effective State Comprehensive Plan or the Indian River County Comprehensive Plan. The area of land within the proposed District is part of a planned community. It is of sufficient size and is sufficiently compact and contiguous to be developed as one functional and interrelated community. c. The establishment of the proposed District will prevent the general body of taxpayers in Indian River County from bearing the burden for installation of the infrastructure and the maintenance of certain facilities within the development encompassed by the proposed development services and facilities to the proposed community without 335 imposing an additional burden on he general population of the local general-purpose government. Establishment of the proposed District in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources. d. The community development services and facilities of the proposed District will not be incompatible with the capacity and use of existing local and regional community development services and facilities. In addition, the establishment of the proposed District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the proposed District's services and facilities. e. The area to be served by the propc-sed District is amenable to separate special -district government. WHEREFORE, Petitioner respectfully requests the County Commission of Indian River County, Florida to: a. schedule a public hearing in accordance with the requirements of Section 190.005(2)(b), Florida Statutes; b. grant the petition and adopt ars ordinance establishing the District pursuant to Chapter 190, Florida Statutes; c. consent to the District exercise of certain additional powers to finance, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for: (1) parks and facilities for indoor and outdoor recreational, cultural and educational uses; and (2) security, including but not limited to, guardhouses, fences and gates, electronic intrusion -detection systems, and patrol cars, both as authorized and described by Section 190.012(2), Florida Statutes; and d. grant such other relief as may be necessary or appropriate. [CONTINUED ON NEXT PAGE] 336 RESPECTFULLY SUBMITTED, this 21s' day of October, 2021. KE LAW GROUP, PLLC Jere Earlywine Florida Bar No.155527 fere@kelawgroup.com KE LAW GROUP, PLLC P.O. Box 6386 Tallahassee, Florida 32314 (850) 528-6152 (telephone) 337 EXHIBIT 1 338 EXHIBIT 2 340 Z O a U V) W p QLU Lu J F - Lu 0 N LuY a Z O H a_ u N LUM a LLJ J F- N Q LU p N LUY R !" Q N 9 L X Z W LL N O t!1 p N F- L Q p LLL OC Q W m a Q O W 0� JO w W LL W < F- Ln F- O U Q Q m Z M p w Qm o a Z p F- Y p a u LU = p O O Z Z U Z a_ W v Z z� W W LL LL p Ow0°J U m=F-�LU a U U 00 2 p Z Q° Z) M w Q N m C V1 O= N u w F_:,LL 0 ,O @ E 41 a) M z W m i a cr Q LL Ln aj x y tL aJQ�o arnW� ��Ln 2LLn ma ° N z 0 ,nM>O rn W m cn Z F- 0 O p W ,U Z Z cr 2 Q u O n O z Q m zp J p Ln 0Z�LU0- m ° m' =Q M W J O Z W = W w Z z a Z p = O F- M O WZ Q Z Q p F- in W F- a m V) WO U F- p Z W N W z cn g 0 o Z z W a p X— O N Z W 0 LL F- o LU V) 2 U> J O I z a Q pZ LL C7 W a 0° a F. - Q =O <= C7 Q N F- Q c*i Z m Q zU af 3 } w _ J M a Y Q J O p rn Z w F- Ln - Z Q O Z U O 2i_j W iL W p O U z F_ a° V) w� a g z W N p W p uj p C7 Y Q N K z 0 J 0 V1 N = m W Z m V W F- J Ln Z g a N W > m p Z 0 O u z o a a p _Z z Q a LL w U Z m 2 o p 0> n. w O p�~ N LU LLw Z r= Z U LL Ln C, 0 z L=Qao z} cr a� F -N " F- w U s J Lu a w z Z rn u 0 = LL m0 z w a M a LL X Lu _ a or° W> LU p zF-pZo oz0 = 0LOz U'n o az r LU p 3c0 0 Z m LU LU J J O p Q F- z~Z p U _ ~ p O m J a`Lvin Q MOm a a= ,NF- a O Z uj Luui un w 0 M u n vi a a w Q m F- p O Ln = z w F- w O Q a F- z w O z o LL U � v' O w Q 0 u O> vi n. p rD Z LU w= m p O ~ m W U O U 0 F- m J J o m C7 w w z apW On Ln aouwac_ oZ�zo Q un M a In F- Q F- r4 Ln Ln U d YLn Qi LU m LL z J d° Q (n G O J i W N= VILr� U J cn LU > N F-= N u m Q N W N F- p Z u n U J m= N OC m 0 () ON Z a_ F- Ln a. w a. F- LL LL !" EXHIBIT 3 342 This instrument was prepared by and upon recording should be returned to: KE LAW GROUP, PLLC P.O. Box 6386 Tallahassee, Florida 32314 Consent and Joinder of Landowner to the Establishment of a Community Development District The undersigned is the owner of certain lands more fully described on Exhibit A attached hereto and made a part hereof ("Property"). As an owner of lands that are intended to constitute all or a part of the Community Development District, the undersigned understands and acknowledges that pursuant to the provisions of Section 190.005, Florida Statutes, Petitioner is required to include the written consent to the establishment of the Community Development District of one hundred percent (100%) of the owners of the lands to be included within the Community Development District. The undersigned hereby consents to the establishment of a Community Development District that will include the Property within the lands to be a part of the Community Development District and agrees to further execute any documentation necessary or convenient to evidence this consent and joinder during the application process for the establishment of the Community Development District. The undersigned acknowledges that the consent will remain in full force and effect until the Community Development District is established or three years from the date hereof, whichever shall first occur. The undersigned further agrees that this consent shall be deemed to run with the Property and be binding upon the owner and its successors and assigns as to the Property or portions thereof. The undersigned hereby represents and warrants that it has taken all actions and obtained all consents necessary to duly authorize the execution of this consent and joinder by the officer executing this instrument. [SIGNATURE PAGE TO FOLLOW] 343 Executed this 23 day of S'Qo-�6w— _, 2021. Witnessed: Print Nar} e: lqs cY'1�9� Print Name: r STATE OF ; C -- COUNTY OF i FVP MIAMI LAKES, LLC The foregoing instrument was acknowledged before me by mens ofCphysical presence or i online notarization, this �1 day of 1%0(2021, by � IL CAO flfVn _. who appeared before me this day in person, and who is ei he personally know to me, or produ d as identification,. ALYS MURO NOTARY PLOBLIC, STATE OF ,...4k MY COMMS $" # GG 951811 V� EXPM: May 3, 2024 °• C`.°. Bonded Th" Notary Public Underwttw Exhibit A: Legal Description Name: a S (`'y" (Name of Notary P blic, Printed, Stamped or Typed as Commissioned) 344 Exhibit A: Legal Description EAST PARCEL PARCEL 1. TRACT 13. LESS AND EXCEPT THE WEST 100.00 FEET THEREOF, SECTION 34, TOWNSHIP 33 SOUTH, RANCE 39 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION. ACCORDING TO THE PLAT THEREOF, AS RECORvED IN PLAT BOOK 2. PAGE 25, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT CANALS; ALSO LESS AND EXCEPT ANY PORTION LYING VATHIN 25TH STREET SOUTHWEST (HAMILTON ROAD) ON SOUTH. PAROL 2: TRACT 14. SECTION 34. TOWNSHIP 33 SOUTH, RANGE 39 EAST INDIAN RIVER FARMS COMPANY $UBDIVIS1%, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOB 2. PAGE 25, OF THE PUBLIC RECORDS OF INDIAN R3VER COUNTY, FLORIDA; LESS A14D EXCEPT CANALS; ALSO LESS AND EXCEPT ANY PORTION LYING VrTHIN 25TH STREET SOUTHWEST (HAMILTON ROAD) ON SOUTH. SUBJECT PARCELS C014TAIN 72.32 +-f— ACRES MEASURED. TOGETHER WITH: WEST PARCEL TRACTS 9 AND 16. III SECTION 33. TOMSHIP 33 SDUTH, RANGE 3S EAST, ACCORDING TO THE LAST GENERAL PLAT OF LARDS OF THE INDIAN RIVEP FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA, NOON NDIAN RIVF-2 COUNTY. FLORIDA. LESS AND EXCEPT THAT POP.TIO14 LNINC IN STATE ROAD 611 (43RD AVENUE) AND WEST 25TH STRUT SK' (HAM!LTON ROAD). AND TRACT 1. LESS AND EXCEPT THE NORTH 19.5 ACRES THEREOF AND TRACT B. SF-c110N 33. Tomo -1P 33 SOUTH, RANGE 39 EAST. ACCORDING TO THE LAST GENERAL PLAT OF LAKDS OF THE INDIAN RIVM FARMS COMIPANY, AS RECORDED IN PLAT BOON 2. PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA, NON INDIAN RIVER COUNTY; FLORIDA SUBJECT PARCELS CONTAIN 135.7 +/— ACRES 1EASURED. TCOETHE , A TJ"ALCc 2M02 ACRES. 345 EXHIBIT 4 346 ,_—'__'__'--'--. . . —'—'--'—' , . . | � . | | L cz | ui | � . | � | . | . | . �-'-----'--'---'� --------------- . | . ,_—'__'__'--'--. . . , . . | � . | | L | | � | � . | � | . | . | . �-'-----'--'---'� --------------- . | . ° 72 EXHIBIT 5 348 PROPOSED FACILITIES & ESTIMATED COSTS Improvement Estimated Cost Financing Entity Ownership & Operation Stormwater Management System $5,375,000.00 CDD CDD Roadways $2,120,000.00 CDD* CDD* Water & Wastewater Systems $2,990,000.00 CDD County Undergrounding of Conduit $435,000.00 CDD CDD Hardscaping, Landscaping, Irrigation $2,025,000.00 CDD* CDD* Amenities $300,00.00 CDD* CDD* Conservation Areas $200,000.00 CDD CDD Offsite Improvements $2,900,000.00 CDD County Work Product / Soft Costs $2,350,000.00 CDD CDD Contingency $3,739,000.00 n/a n/a Total $22,434,000.00 n/a n/a * Items may alternatively be financed by the Developer and owned/operated by a homeowner's association. 349 EXHIBIT 6 350 C O O fV x X W � � G a O OD U ? LK O c € a a N Om O G O a U N c-1 N N � Q Q 3 N d C N ¢ O - O N -0vEI N A 7 4 J LL VI I� I m oo� p q m m = p p x O Z C 9 H O m R a a a W �aa���000 � 1 U U O O O U (7 J aoao®� a o tAq U O d o vii y Q N ^`` w N �J 04 1 Q J 6 G G G U U 0 LJ Fj vi I EXHIBIT 7 352 LAKESIDE AT INDIAN RIVER COMMUNITY DEVrELOPMENTDISTRICT Statement of Estimated Regulatory Costs September 2, 2021 Provided by Wrathell, Hunt and Associates, LLC 2300 Glades Road, Suite 410`x' Boca Raton, FL 33431 Phone: 561-571-0010 Fax: 56t-571-0013 Website: www.whhassociates.com 353 STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the Lakeside at Indian River Community Development District ("District") in accordance with the "Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes (the "Act"). The proposed District will comprise approximately 208.02 +/- acres of land located within Indian River County, Florida (the "County") and is projected to contain approximately 320 residential dwelling units, which will make up the Lakeside at Indian River development ("Project"). The limitations on the scope of this SERC are explicitly set forth in Section 190.002(2)(d), Florida Statutes ("F.S.") (governing the District establishment) as follows: "That the process of establishing such a district pursuant to uniform general law be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)." 1.2 Overview of the Lakeside at Indian River Community Development District The District is designed to provide public in_rastructure, services, and facilities, along with operation and maintenance of the same, to a master planned residential development currently anticipated to contain a total of approximately 320 residential dwelling units, all within the boundaries of the District. Tables 1 and 2 under Section 5.0 detail the improvements and ownership/maintenance responsibilities the proposed District is anticipated to construct, operate and maintain. A community development district ("CDD") is an independent unit of special purpose local government authorized by the Act to plan, finance, construct, operate and maintain community -wide infrastructure in planned community developments. CDDs provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers." Section 190.002(1)(a), F.S. A CDD is not a substitute for the local, general purpose government unit, i.e., the city or county in which the CDD lies. A CDD does not have the permitting, zoning or policing powers possessed by general purpose governments. A CDD is an alternative means of financing, constructing, operating and maintaining public infrastructure for developments, such as Lakeside at Indian River. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S., defines the elements a statement of estimated regulatory costs must contain (a) An economic analysis showing whether the rule directly or indirectly: 1. Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; 354 2. Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule; or 3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. (b) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues. (d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule. As used in this section, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, the cost of monitoring and reporting, and any other costs necessary to comply with the rule. (e) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of the impact on small counties and small cities as defined in s. 120.52. The impact analysis for small businesses must include the basis for the agency's decision not to implement alternatives that would reduce adverse impacts on small businesses. (Indian River County, according to Census 2020, has a population of 159,788; therefore, it is nct defined as a small County for the purposes of this requirement.) (0 Any additional information that the agency determines may be useful. (g) In the statement or revised statement, whichever applies, a description of any regulatory alternatives submitted under paragraph (1)(a) and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposedrule. Note: the references to "rule" in the statutory requirements for the Statement of Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2)(a), F.S. 2.0 An economic analysis showing whether the ordinance directly orindirectly: 1. Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance; 2. Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance; or 3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. The ordinance establishing the District is not anticipated to have any direct or indirect adverse impact on economic growth, private sector job creation or employment, private sector investment, business competitiveness, ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation. Any increases in regulatory costs, principally the anticipated increases in transactional costs as a result of imposition of special assessments by the District will be the direct result of facilities and services provided by the District to the landowners within the District. However, as property ownership in the District is voluntary and all additional costs will be disclosed to prospective buyers prior to sale, such increases should be considered voluntary, self-imposed and offset by benefits received from the infrastructure and services provided by the District. 2.1 Impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. The purpose for establishment of the District is to provide public facilities and services to support the development of a new, master planned residential development. The development of the approximately 208.02 +/- acres anticipated to be within the District will promote local economic activity, create local value, lead to local private sector investment and is likely to result in local private sector employment and/or local job creation. Establishment of the District will allow a systematic method to plan, fund, implement, operate and maintain, for the benefit of the landowners within the District, various public facilities and services. Such facilities and services, as further described in Section 5, will allow for the development of the land within the District. The provision of District's infrastructure and the subsequent development of land will generate private economic activity, economic growth, investment and employment, and job creation. The District intends to use proceeds of indebtedness to fund construction of public infrastructure, which will be constructed by private firms, and once constructed, is likely to use private firms to operate and maintain such infrastructure and provide services to the landowners and residents of the District. The private developer of the land in the District will use its private funds to conduct the private land development and construction of an anticipated approximately 320 residential dwelling units, the construction, sale, and continued use/maintenance of which will involve private firms. While similar economic growth, private sector job creation or employment, or private sector investment could be achieved in absence of the District by the private sector alone, the fact that the establishment of the District is initiated by the private developer means that the private developer considers the establishment and continued operation of the District as beneficial to the process of land development and the future economic activity taking place within the District, which in turn will lead directly or indirectly to economic growth, likely private sector job growth and/or support private sector employment, and private sectorinvestments. 2.2 Impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. When assessing the question of whether the establishment of the District is likely to directly or indirectly have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation, one has to compare these factors in the presence and in the absence of 356 the District in the development. When the question is phrased in this manner, it can be surmised that the establishment of the District is likely to not have a direct or indirect adverse impact on business competitiveness, productivity, or innovation versus that same development without the District. Similar to a purely private solution, District contracts will be bid competitively as to achieve the lowest cost/best value for the particular infrastructure or services desired by the landowners, which will ensure that contractors wishing to bid for such contracts will have to demonstrate to the District the most optimal mix of cost, productivity and innovation. Additionally, the establishment of the District for the development is not likely to cause the award of the contracts to favor non -local providers any more than if there was no District. The District, in its purchasing decisions, will not vary from the same principles of cost, productivity and innovation that guide private enterprise. 2.3 Likelihood of an increase in regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. The establishment of the District will not increase any regulatory costs of the State or the County by virtue that the District will be one of many already existing similar districts within the State and also one of a many already existing similar districts in the County. As described in more detail in Section 4, the proposed District will pay a one-time filing fee to the County to offset any expenses that the County may incur in holding a local public hearing on the petition. Similarly, the proposed District will pay annually the required Special District Filing Fee, which fee is meant to offset any State costs related to its oversight of all special districts in the State. The establishment of the District will, however, directly increase regulatory costs to the landowners within the District. Such increases in regulatory costs, principally the anticipated increases in transactional costs as a result of likely imposition of special assessments and use fees by the District, will be the direct result of facilities and services provided by the District to the landowners within the District. However, as property ownership in the District is completely voluntary, all current property owners must consent to the establishment of the District and all initial prospective buyers will have such additional transaction costs disclosed to them prior to sale, as required by State law. Such costs, however, should be considered voluntary, self-imposed, and as a tradeoff for the enhanced service and facilities provided by the District. The District will incur overall operational costs related to services for infrastructure maintenance, landscaping, amenity operation and similar items. In the initial stages of development, the costs will likely be minimized. These operating costs will be funded by the landowners through direct funding agreements or special assessments levied by the District. Similarly, the District may incur costs associated with the issuance and repayment of special assessment revenue bonds. While these costs in the aggregate may approach the stated threshold over a five year period, this would not be unusual for a Project of this nature and the infrastructure and services proposed to be provided by the District will be needed to serve the Project regardless of the existence of the District. Thus, the District -related costs are not additional development costs. Due to the relatively low cost of financing available to CDDs, due to the tax-exempt nature of CDD debt, certain improvements can be provided more efficiently by the District than by alternative entities. Furthermore, it is important to remember that such costs would be funded through special assessments paid by landowners within the District, and would not be a burden on the taxpayers outside the District nor can the District debt be a debt of the County or the State. 357 3.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. The individuals and entities likely to be required to comply with the ordinance or affected by the proposed action (i.e., adoption of the ordinance) can be categorized, as follows: 1) The State of Florida and its residents, 2) Indian River County and its residents, 3) current property owners, and 4) future property owners. a. The State of Florida The State of Florida and its residents and general population will not incur any compliance costs related to the establishment and on-going administration of the District, and will only be affected to the extent that the State incurs those nominal administrate re costs outlined herein. The cost of any additional administrative services provided by the State as a result of this project will be incurred whether the infrastructure is financed through a CDD or any alternative financing method. b. Indian River County, Florida The County and its residents not residing within the boundaries of the District will not incur any compliance costs related to the establishment and on-going administration of the District other than any one-time administrative costs outlined herein, which will be offset by the filing fee submitted to the County. Once the District is established, these residents will not be affected by adoption of the ordinance. The cost of any additional administrative services provided by the County as a result of this development will be incurred whether the infrastructure is financed through the District or any alternative financing method. C. Current Property Owners The current property owners of the lands within the proposed District boundaries will be affected to the extent that the District allocates debt for the construction of infrastructure and undertakes operation and maintenance responsibility for that infrastructure. d. Future Property Owners The future property owners are those who will own property in the proposed District. These future property owners will be affected to the extent that the District allocates debt for the construction of infrastructure and undertakes operation and maintenance responsibility for that infrastructure. The proposed District will serve land that comprises an approximately 208.02 +/- acre master planned residential development currently anticipated to contain a total of approximately 320 residential dwelling units, although the development plan can change. Assuming an average density of 3.5 persons per residential dwelling unit, the estimated residential population of the proposed District at build out would be approximately 1,120 +/- and all of these residents as well as the landowners within the District will be affected by the ordinance. The County, the proposed District and certain state agencies will also be affected by or required to comply with the ordinance as more fully discussed hereafter. 358 4.0 A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state or local revenues. The County is establishing the District by ordinance in accordance with the Act and, therefore, there is no anticipated effect on state or local revenues. 4.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance Because the result of adopting the ordinance is the establishment of an independent local special purpose government, there will be no significant enforcing responsibilities of any other government entity, but there will be various implementing responsibilities which are identified with their costs herein. State Governmental Entities The cost to state entities to review or enforce the proposed ordinance will be very modest. The District comprises less than 2,500 acres and is _ocated within the boundaries of Indian River County. Therefore, the County (and not the Florida Land and Water Adjudicatory Commission) will review and act upon the Petition to establish the District, in accordance with Section 190.005(2), F.S. There are minimal additional ongoing costs to various state entities to implement and enforce the proposed ordinance. The costs to various state entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the District is required to file with the State and its various entities. Appendix A lists: the reporting requirements. The costs to those state agencies that will receive and process the District's reports are minimal because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.064, F.S., the District must pay an annual fee to the State of Florida Department of Economic Opportunity which offsets such costs. Indian River County, Florida The proposed land for the District is located within Indian River County, Florida and consists of less than 2,500 acres. The County and its staff may process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources; however, these costs incurred by the County will be modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides most, if not all, of the information needed for a staff review. Third, the County already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs are offset by a filing fee included with the petition to offset any expenses the County may incur in the processing of this petition. Finally, the County already processes similar petitions, though for entirely different subjects, for land uses and zoning changes that are far more complex than the petition to establish a community development district. The annual costs to the County, because of the establishment of the District, are also very small. The District is an independent unit of local government. The only annual costs the County faces are the minimal costs of receiving and reviewing the reports that the District is required to provide to the County, or any monitoring expenses the County may incur if it establishes a monitoring program for governmental entities. 359 4.2 Impact on State and Local Rever_ues Adoption of the proposed ordinance will have no negative impact on state or local revenues. A CDD is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. Any non -ad valorem assessments levied by the District will not count against any millage caps imposed on other taxing authorities providing services to the lands within the District. It is also important to note that any debt obligations the District may incur are not debts of the State of Florida or any other unit of local government, including the County. By Florida law, debts of the District are strictly its own responsibility. 5.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the ordinance. Table 1 provides an outline of the various =acilities and services the proposed District may provide. Financing for these facilities is projected to be provided by the District. Table 2 illustrates the estimated costs of construction of the capital facilities, outlined in Table 1. Total costs of construction for those facilities that may be provided are estimated to be approximately $22,434,000.00. The District may levy non -ad valorem special assessments (by a variety of names) and may issue special assessment bonds to fund the costs of these facilities. These bonds would be repaid through non -ad valorem special assessments levied on all developable properties in the District that may benefit from the District's infrastructure program as outlined in Table 2. Table 1 LAKESIDE AT INDIAN RIVER COMMUNITY DEVELOPMENT DISTRICT Proposed Facilities and Services FACILITY FUNDED BY OWNED BY MAINTAINED BY Storm Water Management CDD CDD CDD Roadways CDD* CDD* CDD* Water & Wastewater CDD County County Undergrounding of Conduit CDD CDD CDD Hardscaping, Landscape, Irrigation CDD* CDD* CDD* Amenities CDD* CDD* CDD* Conservation Areas CDD CDD CDD Offsite Improvements CDD Countv Countv *Items may alternatively be financed by the Developer and owned/operated by a homeowner's association Prospective future landowners in the proposed District may be required to pay non -ad valorem special assessments levied by the District to provide for facilities and secure any debt incurred through bond issuance. In addition to the levy of non -ad valorem special assessments which may be used for debt 360 service, the District may also levy a non -ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. However, purchasing a property within the District or locating in the District by new residents is completely voluntary, so, ultimately, all landowners and residents of the affected property choose to accept the non -ad valorem assessments as a tradeoff for the services and facilities that the District will provide. In addition, state law requires all assessments levied by the District to be disclosed by the initial seller to all prospective purchasers of property within the District. A CDD provides the property owners with an alternative mechanism of providing public services; however, special assessments and other impositions levied by the District and collected by law represent the transactional costs incurred by landowners as a result of the establishment of the District. Such transactional costs should be considered in terms of costs likely to be incurred under alternative public and private mechanisms of service provision, such as other independent special districts, County or its dependent districts, or County management but financing with municipal service benefit units and municipal service taxing units, or private entities, all of which can be grouped into three major categories: public district, public other, and private. With regard to the public services delivery, dependent and other independent special districts can be used to manage the provision of infrastructure and services, however, they are limited in the types of services they can provide, and likely it would be necessary to employ more than one district to provide all services needed by the development. Other public entities, such as cities, are also capable of providing services, however, their costs in connection with the new services and infrastructure required by the new development and, transaction costs, would be borne by all taxpayers, unduly burdening existing taxpayers. Additionally, other public entities providing services would also be inconsistent with the State's policy of "growth paying for growth". Table 2 LAKESIDE AT INDIAN RIVER COMMUNITY DEVELOPMENT DISTRICT Estimated Costs of Construction CATEGORY COST Storm Water Management $5,375,000.00 Roadways $2,120,000.00 Water & Wastewater $2,990,000.00 Undergrounding of Conduit $435,000.00 Hardscaping, Landscape, Irrigation $2,025,000.00 Amenities $300,000.00 Conservation Areas $200,000.00 Offsite Improvements $2,900,000.00 Professional Services $2,350,000.00 Contingency $3,739,000.00 Total $22,434,000.00 361 Lastly, services and improvements could be provided by private entities. However, their interests are primarily to earn short-term profits and there is no public accountability. The marginal benefits of tax- exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs to enhance the quality of infrastructure and services. In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those residents in the District willreceive a higher level of public services which in most instances will be sustained over longer periods of time than would otherwise be the case. Second, a CDD is a mechanism for assuring that the public services will be completed concurrently with development of lands within the development. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of local governance which is specifically established to provide CDD landowners with planning, construction, implementation and short and long-term maintenance of public infrastructure at sustained levels of service. The cost impact on the ultimate landowners in the development is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above, if applicable, what the landowners would have paid to install infrastructure via an alternative financing mechanism. Consequently, a CDD provides property owners with the option of having higher levels of facilities and services financed through self-imposed revenue. The District is an alternative means to manage necessary development of infrastructure and services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of various public and private sources. 6.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be little impact on small businesses because of the establishment of the District. If anything, the impact may be positive because the District must competitively bid all of its contracts and competitively negotiate all of its contracts with consultants over statutory thresholds. This affords small businesses the opportunity to bid on District work. Indian River County has a population of 159,788 according to the Census 2020 conducted by the United States Census Bureau and is therefore not defined as a "small" county according to Section 120.52, F.S. It can be reasonably expected that the establishment of community development district for the Lakeside at Indian River development will not produce any marginal effects that would be different from those that would have occurred if the Lakeside at Indian River development was developed without a community development district established for it by the County. 7.0 Any additional useful information. 362 The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Petitioner's Engineer and other professional's associated with the Petitioner. In relation to the question of whether the proposed Lakeside at Indian River Community Development District is the best possible alternative to provide public facilities and services to the project, there are several additional factors which bear importance. As an alternative to an independent district, the County could establish a dependent district for the area or establish an MSBU or MSTU. Either of these alternatives could finance :he improvements contemplated in Tables 1 and 2 in a fashion similar to the proposed District. There are a number of reasons why a dependent district is not the best alternative for providing public facilities and services to the Lakeside at Indian River development. First, unlike a CDD, this alternative would require the County to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be directly and wholly attributed to the land directly benefiting from them, as the case would be with a CDD. Administering a project of the size and complexity of the development program anticipated for the Lakeside at Indian River development is a significant and expensive undertaking. Second, a CDD is preferable from a government accountability perspective. With a CDD, residents and landowners in the District would have a focused unit of government ultimately under their direct control. The CDD can then be more responsive to resident needs without disrupting other County responsibilities. By contrast, if the County were to establish and administer a dependent special district, then the residents and landowners of the Lakeside at Indian River development would take their grievances and desires to the County Conunissionmeetings. Third, any debt of an independent CDD is strictly that CDD's responsibility. While it may be technically true that the debt of a County -established, dependent special district is not strictly the County's responsibility, any financial problems that a dependent special district may have may reflect on the County. This will not be the case if a CDD is established. Another alternative to a CDD would be for a Property Owners' Association (POA) to provide the infrastructure as well as operations and maintenance of public facilities and services. A CDD is superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low-cost financing from the municipal capital market. Second, as a government entity a CDD can impose and collect its assessments along with other property taxes on the County's real estate tax bill. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Third, the proposed District is a unit of local government. This provides a higher level of transparency, oversight and accountability and the CDD has the ability to enter into interlocal agreements with other units of government. 8.0 A description of any regulatory alternatives submitted under section 120.541(1)(a), F.S., and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. No written proposal, statement adopting an alternative or statement of the reasons for rejecting an alternative have been submitted. Based upon the information provided herein, this Statement of Estimated Regulatory Costs supports the petition to establish the Lakeside at Indian River Community DevelopmentDistrict. 363 APPENDIX A LIST OF REPORTING REQUIREMENTS 364 FL. STATUE REPORT CITATION DATE Annual Financial Audit 190.008/218.39 9 months after end of Fiscal Year Annual Financial 45 days after the completion of the Annual Financial Audit but Report 190.008/218.32 no more than 9 months after end of Fiscal Year TRIM Compliance no later than 30 days following the adoption of the property Report 200.068 tax levy ordinance/resolution if levying propertytaxes within 30 days of accepting the appointment, then every year Form 1 - thereafter by 7/1 (by "local officers" appointed to special Statement of district's board); during the qualifying period, then every year Financial thereafter by 7/1 (by "local officers" elected to special district's Interest 112.3145 board within one year of special district's creation; then annual notice of any changes; and updated report every 7 years, 12 months Public Facilities prior to submission of local government's evaluation and Report 189.08 appraisal report Public Meetings Schedule 189.015 quarterly, semiannually, or annually Bond Report 218.38 when issued; within 120 days after delivery of bonds Registered Agent 189.014 within 30 days after first meeting of governing board Proposed Budget 190.008 June 15 Adopted Budget 190.008 annually by October 1 Public Depositor Report 280.17 annually by November 30 Notice of within 30 days after the effective date of an ordinance Establishment 190.0485 estab:ishing the District Notice of Public file disclosure documents in the property records of the county Financing 190.009 after financing 364 EXHIBIT 8 365 AUTHORIZATION OF AGENT This letter shall serve as a designation of Jere Earlywine of KE Law Group, PLLC to act as agents for Petitioner, Meritage Homes of Florida, Inc., with regard to any and all matters pertaining tothe Petition to the Board of County Commissioners of Indian River County, Florida, to Establish the Lakeside at Indian River Community Development District pursuantto the "Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes, Section 190.156(1), Florida Statutes. This authorization shall remain in effect until revoked in writing. Print Print Name: MERITAGE HOMES OF FLORIDA, INC. STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me by means of 0 -physical presence or O online notarization, this 1'2-,, day of 2021, by 5;, as �trAof MER(TA6E H MES OF FLORIDA, INC. on its behalf. He[ is personally known to me or L_�Jproduced as identification. �►.�+� Notary Public State a! Florida � �� � -� � r"r°�.a°'''u� t, -. hS.06gnpedina M shocker State of TA c ,n des0rrdSw 2Oµ2t 53186 Notary Prab�iC, a,r• 366 12 - -1 • z. 1 ) O. 4 - z-, Q� Newspapers PART OF USA TODAY NETWORK The Stuart News 1939 SE Federal Highway, Stuart, FL 34994 AFFIDAVIT OF PUBLICATION Ke Law Group 4832-A Kerry Forest PKWY #A Tallahassee, FL 32309-2272 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Stuart News, a daily newspaper published at Stuart in Martin County, Florida: that the attached copy of advertisement was published in the Stuart News in the following issues below. Affiant further says that the said Stuart News is a newspaper published in Stuart in said Martin County, Florida, with offices and paid circulation in Martin County, Florida, and that said newspapers have heretofore been continuously published in said Martin County, Florida,daily and distributed in Martin.Florida.for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person. firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Stuart News has been entered as Periodical Matter at the Post Offices in Stuart, Martin County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Issue(s)dated before where the dates are noted: 11/9/2021,11/16/2021,11/23/2021, 11/30/2021 ele t C , Subscribed and sworn to before on December 2, 2021: Notary,State WI,County of Brown -. 7 My commission expires: Publication Cost: $2142,00 KATHLEEN LI Ad No: GCI0767513 Notary Public Customer No: AP-604209 State of Wisconsin PO#: NOTICE OF PUBLIC HEARING by the County Commission for the Indian River County, Florida, to Consider a Petition to Establish the Lakeside at Indian River Community Development District DATE: December 7,2021 TIME: 9:00 a.m. LOCATION: Indian River County Commission Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida 32960 In compliance with the provisions of Chapter 190, Florida Statutes, a public hearing will be held by the County Commission of Indian River County, to consider an ordinance to grant a petition to establish the Lakeside at Indian River Community Development District ("District"), which is entitled as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE LAKESIDE AT INDIAN RIVER COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES (2020); PROVIDING A TITLE; PROVIDING FINDINGS; CREATING AND NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS;PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. The proposed District is comprised of approximately 208.02 acres, generally located south of Oslo Road, east of Interstate 95, west of 27th Avenue SW, north of 25th Street SW and bisected by 43rd Avenue SW. The petitioner has proposed to establish the District to plan, finance,acquire,construct,operate and maintain infrastructure and community facilities which may be authorized by such District under Florida law, including but not limited to,stormwater management systems, roadways,water and wastewater systems,undergrounding of conduit, hardscapes, landscapes and irrigation,amenities,conservation areas,offsite improvements and other infrastructure Copies of the petition and the proposed ordinance are open to public inspection at the County Clerk's Office, 1801 27th Street, Vero Beach, Florida 32960,during regular business hours. For more information,call(772)567-8000. All interested persons and affected units of general-purpose government may appear at the meeting and be heard with respect to the petition and proposed ordinance.All interested persons and affected units of general-purpose government may also provide written comments on the petition and proposed ordinance. Any persons or affected unit of general-purpose local government,who wish to appeal any decision made by the Board with respect to any matter considered at this public hearing will need a record of the proceedings. For that purpose,the person or unit of general-purpose local government may need to ensure that a verbatim record of the proceedings is made that includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you, to the provision of certain assistance. Within five working days of receipt of this notice, please contact the County's ADA Officer, at(772) 226-1221 or jennis@9ircgov.ppm PUBLISH: November 9, November 16, November 23 and November 30 PUBLICATION REQUIREMENT UNDER S. 190.005(1)(d). F.S.: "The petitioner shall cause a notice of the hearing to be published in a newspaper at least once a week for the 4 successive weeks immediately prior to the hearing." �k ccwr6Thu O, ORDINANCE NO. 21 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE LAKESIDE AT INDIAN RIVER COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES (2020); PROVIDING ATITLE; PROVIDING FINDINGS; CREATING AND NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meritage Homes of Florida, Inc., a Florida corporation ("Petitioner") has filed a Petition to Establish the Lakeside at Indian River Community Development District ("Petition") with the Board of County Commissioners of Indian River County ("County Commission") pursuant to Section 190.005(2)(a), Florida Statutes, to adopt an ordinance establishing the Lakeside at Indian River Community Development District ("District") pursuant to Chapter 190, Florida Statutes (2020); and WHEREAS, the owners of one huncred percent (100%) of the real property to be included in the District have consented to the establishment of the District; and WHEREAS, all interested persons a -id affected units of general-purpose local government were afforded an opportunity to present oral and written comments on the Petition at a duly noticed public hearing conducted by the County on December 7, 2021, pursuant to Section 190.005(2)(b), Florida Statutes; and WHEREAS, upon consideration of the record established at that duly noticed hearing, the County Commission has considered the record of the public hearing and the statutory factors set forth in section 190.005(2)(c), Florida Statutes, in making its determination to grant or deny the Petition; and WHEREAS, the County Commission, pursuant to the information contained within the Petition and based on an investigation conducted by Indian River County ("County") staff and otherwise being fully advised as to the facts and circumstances contained within the request of the District, finds as follows: 367 (1) The statements within the Petition are true and correct; and (2) The Petition is complete in that it meets the requirements of Section 190.005(2)(a), Florida Statutes (2020); and (3) The appropriate County staff have reviewed the Petition for establishment of the District on the proposed land and have advised the County Commission that said Petition is complete and sufficient; and (4) Establishment of the District by this Ordinance is subject to and not inconsistent with any applicable element or portion of the state comprehensive plan or the Indian River County Comprehensive Plan; and (5) The area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as one functional, interrelated community; and (6) The District is the best alternative available for delivering community development services and facilities to the area that will be served by the District; and (7) The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and (8) The area that will be served by the District is amenable to separate special -district government; and WHEREAS, pursuant to the information stated above, the County Commission has decided to grant the Petition; and WHEREAS, establishment of the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area described in the Petition; and WHEREAS, the establishment of the District shall not act to amend any land development approvals governing the land area to be included within the District; and WHEREAS, upon the effective date of this establishing Ordinance, the Lakeside at Indian River Community Development District, as created by general law, will be duly and legally 368 authorized to exist on the proposed property and to exercise all of its general and special powers as limited by law. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. TITLE. This Ordinance shall be known and may be cited as the "Lakeside at Indian River Community Development District Establishment Ordinance." SECTION 2. BOARD FINDINGS. The Board findings set forth in the recitals to this Ordinance are hereby incorporated in this Ordinance. SECTION 3. AUTHORITY. This Ordinance is adopted in compliance with and pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. SECTION 4. CREATION OF DISTRICT; DISTRICT NAME. The Petition filed to create the District is hereby granted and there is hereby created a community development district, which is situated entirely within unincorporated Indian River County, Florida, which District shall be known as the "Lakeside at Indian River Community Development District." SECTION 5. EXTERNAL BOUNDARIES OF THE DISTRICT. The external boundaries of the District are described in Exhibit A attached hereto and incorporated by reference, the overall boundaries encompassing 208.02 acres, more or less. There are no parcels within the external boundaries of the District that are to be excluded from the District. SECTION 6. FUNCTIONS AND POWERS. The District is limited to the performance of those powers and functions as describes in Chapter 190, Florida Statutes. The District is also authorized to exercise additional powers to finance, fund, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for: parks and facilities for indoor and outdoor recreational, cultural, and educational uses as authorized and described in Section 190.012(2)(a), Florda Statutes; and security powers, including but not limited to walls, fences, and electronic intrusion detection, as authorized and described in Section 190.012(2)(d), Florida Statutes. In the exercise of its powers, the District shall comply with all applicable governmental laws, rules, regulations and policies including, but not limited to, all Indian River County ordinances and po icies governing land planning and permitting of the 369 development to be served by the District. The District shall not have any zoning or permitting powers governing land development or the use of land. No debt or obligation of the District shall constitute a burden on any local general purpose government. SECTION 7. BOARD OF SUPERVISORS. The five persons designated to serve as initial members of the District's Board of Supervisors are as follows: Joseph Kathman, Martha Schiffer, Mark MacFarland, Matthew Collirs and Meghan Palacios. All of the above -listed persons are residents of the state of Florida and citizens of the United States of America. SECTION 8. ADMINISTRATIVE CORRECTION OF SCRIVENER'S ERRORS. The administrative correction of typographical and/or scrivener's errors in this Ordinance which do not affect the intent may be authorized by the County Administrator or designee, without need of public hearing. SECTION 9. SEVERABILITY. If any provision of this Ordinance, or the application thereof, is finally determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision shall be deemed severable and the remaining provisions shall continue remain in full force and effect provided that the invalid, illegal or unenforceable provision is not material to the logical and intended interpretation of this Ordinance. SECTION 10. EFFECTIVE DATE. This Ordinance shall be effective immediately upon receipt of acknowledgement that a copy of this Ordinance has been filed with the Secretary of State. 370 This ordinance was advertised in the Indian River Press Journal on November 9, November 16, November 23, and November 30, 2021, for a public hearing to be held on the 7th day of December, 2021, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted. The vote on this ordinance was as follows: Chairman Peter D. O'Bryan Vice Chairman Joseph H. Earman Commissioner Susan Adams _ Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this _ day of December, 2021. ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman 371 0 EXHIBIT A LEGAL DESCRIPTION nmnz Z �i Il 1-14 0Sm lm-ifD'1 p mmr�QtD'1 WZ D v' ..PEA Zp-Di V'� r x-�iN CcZn� t--InmO m GD'1Q�z -co-1 U1"z, 9 z cn �= 1 cnDOO'ar 2 T to �"7CD �i p Z m �p w 2r-1 W w 7�02N20 rrt^1pAc�,�Z DO Z2m0 D="mP10D nCZ �xm�r10�p?m fl v m Z y Z O D m w OmNp-1 -�i�o�O rD-1 �ZOro Zmn2 W Px1 D N O� m -0, r*n - 0Z!� C) O >0 vAv p mmy A 106D Oxmmm� x.. C n w D D m y w A 0 1-n rn m m o v x 61 m Q�'1p0 ��Oyfjp C 1jo1Zp xvo OmmG12 < D m 2 v <Dm_ 2 z D o pu AO70 OZO-IZ O7°0zT x m QXO-1m DDP1z a m m m �mT�m p � z-0 kv 2m M, <Cmp�A opl1Zz0m o� o -4>- a m 2<�mZ�00^n'rn O m O Q 2 700 2 v SP1`y. Z Z IJ N p Z Cm C Z mt 1 m A r P1 A 0 s > 0 Z4 70� G, m 2 m 0 , o -1 nmnz Z �i Il 1-14 0Sm lm-ifD'1 p mmr�QtD'1 WZ D v' ODZr wm �z:nz<2D 70'c- z N 5 � _ m GD'1Q�z -co-1 U1"z, 9 z m<mprn �= 1 0Nzi'' o;^2Pxi pvm Z0rT-Arm-2 ZOVD mtomN p Z m �p w r70 j p DO Z2m0 =�Ox 'perD,a22 fl v m Z y Z O D m w ?OpoZ=O Ger p70� -�i�o�O rD-1 �ZOro D�ZZ m0 m 7v.DiZ npmw 0Z!� C) OGwv+ m PD1 Diem O ry OC� G, D W p mmy A 106D m ~ m m 2 V, to 0 70 -� M A 0 1-n �1 Z 2 O�O ��Oyfjp C S m 0 M p T m < D m 2 v OZ�Z m'O"o-�p-Dm p r: Z tWD 2 Oa S PD1 DDP1z a m m m �1oa> m; ya o� a = u 4 r 372 12.1, 2.1 10. A. -2- Dylan Reingold '3UWA4rd G From: Jere Earlywine <jere@<elawgroup.com> Sent: Wednesday, September 29, 2021 4:10 PM To: Ed Offutt Cc: Pfilip Hunt (huntp@whhassociates.com); Katie Ibarra; Fraiegari, Dante; Wesley Mills; McIntyre, Lexie; Phil Matson; Jason Brown; Dylan Reingold Subject: RE: Lakeside at Indian River CDD / Meeting with County Commissioners C, (TION: This message is from an external source. Please use caution when opening attachments or clicking links. Ed, thanks for the email. I think inmost jurisdictions, these petitions are considered to be "legislative" decisions (and not quasi-judicial), where the County has a lot of discretion. I also understood from our discussion with staff that that's how Indian River was approaching these, but that may have been a preliminary discussion. Dylan, just tried to call you — can you give me a quick call? 850-528-6152. Just want to better understand your perspective on this. Thanks! Jere From: Ed Offutt <eoffutt@ircgov.com> Sent: Wednesday, September 29, 20213:34 PM To: Jere Earlywine <jere@kelawgroup.com> Cc: Pfilip Hunt (huntp@whhassociates.com) <huntp@whhassociates.com>; Katie Ibarra <katie@kelawgroup.com>; Fraiegari, Dante <Dante.Fraiegari@meritagehomes.com>; Wesley Mills<wmills@millsshortassociates.com>; McIntyre, Lexie <Lexie.McIntyre@meritagehomes.com>; Phil Matson <pmatson@ircgov.com>; Jason Brown <jbrown@ircgov.com>; Dylan Reingold <dreingold@ircgov.com> Subject: RE: Lakeside at Indian River CDD / Meeting with County Commissioners Hi Ms Earlywine — Appreciate the info below. I'm still working this, but there is one major wrinkle to the proposal: this is listed as a "quasi-judicial" matter by the County, and in most cases the commissioners --who will have to act as "impartial jurors" when the case comes to the BCC — are not willing to meet beforehand to discuss such items, to avoid any appearance of favoritism. I will have an answer for you probably on Monday the 4`h, but wanted you to be aware ASAP as I know you said people were considering flight schedules. Best regards ed Edwin J. Offutt Commissioner Assistant (Districts 2 and 3) Indian River County 1801271 Street Vero Beach, FL 32960-3388 772-226-1919 (Office) 772-770-5334 (Fax) 32R_ Z w,' Lkrrf frnutt`` PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from County officials regarding county business are considered to be public records and will be made available to the public and the media upon request. Your email messages and email address may, therefore, be subject to public disclosure. From: Jere Earlywine [mailto:iere@kelawgroup.com) Sent: Monday, September 27, 202112:44 PM To: Ed Offutt <eoffuttC@ircgov.com> Cc: Pfilip Hunt (huntp@whhassociates.com) <huntp@whhassociates.com>; Katie Ibarra <katie@kelawgroup.com>; Fraiegari, Dante <Dante.Fra iegari@me ritagehomes.ccm>; Wesley Mills<wmills@millsshortassociates.com>; McIntyre, Lexie <Lexie.McIntyre@meritagehomes.com>; Phil Matson <pmatson@ircgov.com>; Jason Brown <ibrown@ircgov.com>; Dylan Reingold <dreingold@ircgov.com> Subject: Lakeside at Indian River CDD / Meeting with County Commissioners CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Ed, Wes forwarded your email below and asked that I respond. My firm represents Meritage Homes in connection with the Lakeside project. As I understand it, the Lakeside project has been approved for development, and Meritage is wanting to establish a community development district ("CDD") to serve as the financing/operations entity for that project, as compared to a traditional developer/HOA model. CDDs have a lot of advantages in that role, over traditional developer/HOAs. Among other advantages, (A) all of the infrastructure costs less and so it saves everyone money, (B) there is greater default protection when a CDD is invo"ved, and (C) CDDs have many ancillary benefits that residents really appreciate it (e.g., ability to collect on the tax roll, sovereign immunity, greater transparency, etc.). In fact, there are over 750+ CDDs in Florida now, and some jurisdictions actually require that a developer establish a CDD or similar taxing authority because they have had so 'much trouble with the traditional developer/HOA model. What we would like to do is sit down with the County Commissioners individually and discuss: 1. The Lakeside project 2. How CDDs work to finance and operate communities 3. How a CDD for Lakeside would help the County 4. How a CDD for Lakeside would help future res dents of the project 5. The fact that the CDD won't take any authority away from the County (the CDD just acts as a developer and operations entity for the public improvements) 6. The CDD establishment process We previously met with some of the County Staff, and they suggested that the next step would be to meet with the Commissioners. In that meeting, we provided County Staff with the attached materials. For the meetings with the County Commissioners, we will also have a short presentation that is in a simpler format than the attached materia�s, and we will get to you just prior to the meetings (still trying to finish that up). It will cover the points above. Let us know if October 11 would work. We would really appreciate the opportunity to meet with the Commissioners. Thank you for your help, and let us know if you need anything further! Jere 12/07/21 Item 1o.A.2. Merit g Homes' 5-i.9 the standard io. exrgy zfFitiena hanx,s• LAKESIDE AT INDIAN RIVER Community Development District Advantages & Answers December 7, 2021 What's a CDD? • Special purpose unit of local government • Issues Tax -Exempt Bonds • Constructs, acquires, operates and maintains public improvements such as roads, stormwater facilities, utilities, and more! • Levies special assessments, collected on the tax roll, to repay the bonds • Once infrastructure is constructed, operates like an HOA — only BETTER! — to maintain the improvements • Appx. 800 in Florida, and have been in existence for over 30+ years 12/07/21 Item 1o.A.2. Proposed Board for Lakeside at Indian River CDD • Board Supervisors include: Joe Paladin (Chairperson), Joseph Kathman, Martha Schiffer, Mark MacFarland, and Matthew Collins • Chairman responsible for: • Setting agendas • Running all meetings • Providing guidance to staff outside of meetings • Executing contracts • Signing payment requisitions for construction costs • And numerous other things Key Advantages — Enhanced Project • CDD can issue tax-exempt bonds, at low rates • CDD can spread costs over 30 year period • Allows for delivery of higher quality project: • 75% native landscaping • Large 70/80 foot lot sizes • Enhanced amenity package • Enhanced hardscaping Et entry features • Enhanced landscaping • Satisfy substantial PUD requirements, which include $3 million of off-site and other improvements ,�_ 2 12/07/21 Item io.A.z. Total Infrastructure Over $22M PROPOSED FACILITIES & ESTIMATED COSTS Improvement Estimated Cost Financing Entity Ownership & Operation stormwater Management System S5,375,000.00 CDD CDD Roadways 52,120,000.00 CDD' CDD" Water & wastevrater Systems 52,990,000.00 CDD County UndeLgroundirig of Conduit 5435,000M CDD CDD Hardscaping, Landscaping, Irrigation $2,023,000.00 CDD' CDD' Amenities 5300,000,00 CDD' CDD' Conservation Areas 5200,X00.00 CDD CDD Offsite Improvements S2,900,()moo CDD County Work Product / Soft Costs 52,353,000.00 CDD CDD Contingency 53,739,000.00 n/a n/a Total 522,434,000.00 1 n/a n/a ' Items Maya tternative-yne Tina nCeC oytne neve;Open ono vy association. Key Advantages — PUD Requirements 1.) Dedication of 50 feet of thoroughfare plan roadway for 25th Street SW 2.) Construct 25th St SW Roadway to IRC Standards along project frontage 3.) Construction of 35th Avenue SW from 21st Street SW to North Project Boundary 4.) County water main extension approx. 3,500 feet from 27th Avenue 5.) Subdivision storm water system will accept runoff from public roadway (25th St SW) 6.)Southbound left -turn lane on 43rd Avenue at 25th Street SW 7.) Eastbound left -turn lane on 25th Street SW at project entrance 8.) Culvert replacement at 43rd and 25th Street SW 9.) Southbound left -turn lane on 43rd Avenue at 25th Street SW 10.) Enhanced landscaping within proposed buffers over and above IRC LDR requirements. )12-3 12/07/21 Item zo.A.2. Key Advantages —PUD Reqs. (cont.) 11.) $192,346 developer contribution to 43rd and S.R. 60 Intersection Improvement p roj ect. 12.) Dedication of right-of-way for 43rd Avenue, 21st Street SW and 25th Street SW 13.) Acceptance of Stormwater from Public adjacent roads. 14.) $90,000 towards improvements to the South County Initiative Public Park. 15.) Relocation of 26 Large Oak Trees to common green spaces along public roads, project entrance and internal park. areas. 16.) Extend Sewer force main from Mill Stone Landing (Approx. 3,500 feet) 17.) Extend water main from Lakeside East to project (1,500 feet) Key Advantages — CDD is a superior maintenance entity • Collect on the tax roll • Sovereign immunity protection • More transparent entity • Sunshine Laws / Public Records laws • Eligible for FEMA and other emergency funding • Professional staff • Higher property values • LESS complaints to the County, as compared to HOAs .-I J 4 12/07/21 Item Zo.A.2. CDD is better MAINTENANCE entity than HOA YES —Infrastructure Costs Less Now NO - Infrastructure Costs More YES — Infra. Costs Less to Refurbish NO - Infrastructure Costs More YES — Money in Bank Trust Estate NO YES —CDD can collect on the tax roll NO YES — Protected from frivolous suits NO Relatively FastarTurnover 90%+ Build -Out (Elections Every 2Years; Q. Elec.Yr 6) TypicallyYES Typically NO MORE Accountable LESS Accountable Greater Ability to Maintain Value Less Ability Ivey Advantages — P'rotection against Economic Downturn • CDD mone•v 1 eld in Trust Estate, held by certified Trustee Bank • E.g., U.S. Bank, Regions Bank, etc. • Money can only be used through strict requisition process • Requisition signed by Chairman • Ire event of default, the Trustee Bank holds the money, NOT the developer • The money can be used to continue the project, keep the land scapin;,/amenity center maintained, and pay for foreclosure costs 31Z' 5 12/07/21 Item 1o.A.2. No Downside for County • Under Florida law, the County cannot be held responsible for the CDD's debt or other obligations • County retains all of its zoning, permitting and other powers • Project LESS likely to fail AND better able to recover • LESS likely to get complaints than from HOA CDD TRANSPARENCY • Disclosed in Sales Contracts • Mandatory Public Website • Subject to Sunshine Laws & Public Records Laws • All Meetings & Public Hearings Must Be Advertised & Posted • Minutes are kept of each meeting • Mailed Notice for All Assessment Hearings • Public Procurement Laws Govern • Recordable Notice of Establishment • Recordable Disclosure of Public Finance • Recordable Notice of Special Assessments • Must Establish and Administer Internal Accounting Standards 12/07/21 Item 1o.A.2. Legal Requirements for CDD 1. Petition statements are true and correct. YES 2. CDD Establishment is consistent with comprehensive plan. YES 3. CDD is developable as one functional interrelated community, based on size, compactness and contiguity. YES 4. CDD facilities will be compatible with existing community services and facilities. YES 5. CDD is amenable to separate special district government. YES 6. CDD is the best alternative for delivery community development services and facilities. YES ENHANCED BENEFITS • CDD can issue tax-exempt bonds, at low rates • CDD can spread costs over 30 year period • Allows for delivery of higher quality project: • 75% native landscaping • Large 70/80 foot lot sizes • Enhanced amenity package • Enhanced hardscaping St entry features • Enhanced landscaping • Satisfy substantial PUD requirements, which include $3 million of off-site and other improvements QUESTIONS? 12/07/21 Item Zc.A.2. 312 8 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Of e of INDIAN MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: December 1, 2021 Public Hearing - B.C.C. 12.7.21 RIVER COUNTY 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 followed by staff in preparing redistricting proposals, and incorporated the public hearing schedule. C:IUmrslkgimrLlppDaWV,waATemp18CL T hwtogieseasyPDF81(.BCL@4COFEA6FWCLQ4COFEA6F.doc 373 Board of County Commissioners December 1, 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. Per the Board's direction on October 19th, County staff also conducted a workshop in the Gifford community on November 1, 2021. On November 9, 2021, the Board approved Map 1B, which included the requested changes. Copies of the revised redistricting map have 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 and thus recommends that the Board approve attached resolution approving redistricting map 1 B FUNDING. There are no funding requirements. C:IU rsllegi UppDatalloc UempWCLT lmoloVulearyPDF81QBCIQ4COFEA6FWCI@4COFEAWd 374 Board of County Commissioners December 1, 2021 Page Three RECOMMENDATION. County staff recommends that the Chairman open the public hearing, take public input, and close the public hearing, and that the Board vote to approve the redistricting resolution. ATTACHMENTS. Proposed Resolution with Map 1B and Legal Descriptions 375 RESOLUTION 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING BOUNDARIES OF COUNTY COMMISSIONER DISTRICTS FOLLOWING THE 2020 DECENNIAL CENSUS WHEREAS, in 2021, the United States Census Bureau completed the 2020 decennial census; and WHEREAS, 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 WHEREAS, section 124.01, Florida Statutes, provides that (1) there shall be five county commissioners' districts in each county, which shall be as nearly equal in proportion to population as possible, and (2) changes in the boundaries of commissioner districts shall be made only in odd - numbered years; and WHEREAS, on August 17, 2021, the Board adopted the 2021 Redistricting Plan which established criteria, procedures and a schedule for the redistricting process, and WHEREAS, the Board has engaged in a thorough, open and transparent redistricting process, which has included, among other things, posting information and proposed boundaries on the County's website and at various locations throughout the County; working with the Supervisor of Elections and the School District; holding a community workshop; and holding multiple public hearings, all for the purpose of informing the public and receiving input from the public concerning redistricting issues, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: In accordance with article VIII, section (1)(e) of the Florida Constitution and section 124.01, Florida Statutes, the Board hereby establishes the boundaries of county commissioners' districts as set forth in the map attached hereto as Exhibit "A" and the legal descriptions attached hereto as Composite `B." 2. An accurate description of the boundaries of the county commissioners' districts shall be entered upon the minutes of the Board of County Commissioners, and a certified copy thereof shall be published at least once each week for two consecutive weeks in the Indian River Press Journal. Proof of such publication shall then be entered into the minutes of the Board. 376 RESOLUTION 2021- 3. The Clerk to the Board of County Commissioners shall forthwith furnish the Department of State with a certified copy of the Board's minutes, reflecting the description of the boundaries of the districts. The Department of State shall record a description of such boundaries in its office in a book kept for that purpose. 4. This resolution shall become effective upon adoption by the Board. The foregoing 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 Peter D. O'Bryan Vice Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 7t' day of December, 2021. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk Approved as to form and legal sufficiency: of the Court and Comptroller Deputy Clerk Dylan Reingold, County Attorney 377 r; 1 1 1 1 1 1 1 1 1 1 po 1 m F � 2 y g F. s ; E � ewxa` � �i •f" Loll -is I M, 7 nor �W LL �-1 ti Q o f Z /O W U � � a o. m co a I wo 002 O2 LL N—1 ------------------ i; Z Z O 1 'o ¢]O c �! 3t 9 _ LU W j m 0 Cl) 1 ca f— O fn d Z 1 CE 00 1 so W W: e 19 1 r; 1 1 1 1 1 1 1 1 1 1 po 1 m F � 2 y g F. s ; E � ewxa` � �i •f" Loll -is I M, 7 nor �W LL �-1 ti Q o f Z /O W U � � a o. m co a I wo 002 O2 LL N—1 ------------------ i; Z Z O 1 'o F- 1 � LU W 1 m 0 Cl) 1 0 f— O fn d Z 1 00 a 1 so W W: 1 A10l N1100 tl30S0 g FO- ,�� COMMISSION DISTRICT NUMBER 1 LEGAL DESCRIPTION OF COUNTY COMM SSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 1 (ONE) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES: BEGIN AT THE INTERSECTION OF THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY, FLORIDA (PER FLORIDA STATUTES SECTION 7.31) WITH THE NORTHERLY EXTENSION OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON, AND RUN SOUTHEASTERLY, ALONG SAID EXTENSION LINE, TO THE WEST SHORELINE OF THE INDIAN RIVER LAGOON; THENCE RUN SOUTHEASTERLY, ALONG SAID WEST SHORELINE, TO ITS INTERSECTION WITH THE CENTERLINE OF SEBASTIAN BOULEVARD (LABELED AS "STREET"), LYING BETWEEN BLOCKS 5 AND 7 OF THE PLAT OF EDGEWATER PARK RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTHWESTERY, ALONG SAID CENTERLINE OF SEBASTIAN BOULEVARD, TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE AND THE CENTERLINE OF COUNTY ROAD 512 -EASTBOUND (ALSO KNOWN AS SEBASTIAN BOULEVARD); THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 512 - EASTBOUND, TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 512 - WESTBOUND; THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 512 TO ITS INTERSECTION WITH THE CENTERLINE OF LACONIA STREET (BEING THE WEST LINE OF SEBASTIAN HIGHLANDS UNIT 8, ALSO BEING THE WEST LINE OF SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST); THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF LACONIA STREET, TO THE NORTH LINE OF THE SOUTHWEST'/ OF SECTION 25, TOWNSHIP 31 SOUTH, RANGE 38 EAST (SAID POINT LYING ON THE SEBASTIAN CITY LIMITS LINE); THENCE RUN EASTERLY, ALONG SAID SEBASTIAN CITY LIMITS LINE TO A POINT (SAID POINT BEING WHERE THE SEBASTIAN CITY LIMITS LINE TURNS SOUTH); THENCE RUN SOUTHERLY ALONG THE SAID SEBASTIAN CITY LIMITS LINE, AND ITS SOUTHERLY PROLONGATION TO THE CENTERLINE OF COUNTY ROAD 510 (ALSO KNOWN AS 85TH STREET); THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF SAID COUNTY ROAD 510, TO ITS INTERSECTION WITH THE CENTERLINE 07 66TH AVENUE; THENCE RUN SOUTHERLY, ALONG THE SAID CENTERLINE OF 66TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF STATE ROAD 60 (ALSO KNOWN AS 20TH STREET); THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF STATE ROAD 60, TO ITS INTERSECTION WITH THE WEST BOUNDARY LINE OF INDIAN RIVER COUNTY (PER FLORIDA STATUTES SECTION 7.31, BEING THE DIVIDING LINE BETWEEN RANGES 34 AND 35 EAST; 379 THENCE RUN NORTHERLY, STILL ALONG THE WEST BOUNDARY LINE OF INDIAN RIVER COUNTY, BEING THE DIVIDING LINE BETWEEN RANGES 34 AND 35 EAST, TO A POINT ON THE SOUTH LINE OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 35 EAST; THENCE RUN WESTERLY, STILL ALONG SAID WEST BOUNDARY LINE OF INDIAN RIVER COUNTY (SAID LINE ALSO BEING THE SOUTH LINE OF SAID SECTION 31), TO THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE RUN NORTHERLY, STILL ALONG SAID WEST BOUNDARY LINE OF INDIAN RIVER COUNTY, BEING THE DIVIDING LINE BETWEEN RANGES 34 AND 35 EAST, TO THE NORTHWEST CORNER OF TOWNSHIP 31 SOUTH, RANGE 35 EAST; THENCE RUN EASTERLY, ALONG THE .NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY, ALONG THE DIVIDING LINE BETWEEN TOWNSHIPS 30 AND 31 SOUTH, TO THE POINT WHERE SAID LINE INTERSECTS WITH THE THREAD OF THE SOUTH FORK OF THE ST. SEBASTIAN RIVER; THENCE RUN NORTHEASTERLY, ALONG THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY (ALSO BEING THE THREAD &:: THE SOUTH FORK OF THE ST. SEBASTIAN RIVER), TO THE MAIN STREAM OF SAID ST. SEBASTIAN RIVER; THENCE CONTINUE NORTHEASTERLY, ALONG THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY (BEING THE THREAD OF THE ST. SEBASTIAN RIVER), TO ITS INTERSECTION WITH THE NORTHERLY PROJECTION OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON, AND THE POINT OF BEGINNING. 380 COMMISSION DISTRICT NUMBER 2 LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 2 (TWO) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES: BEGIN AT THE INTERSECTION OF THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY, FLORIDA (PER FLORIDA STATUTES 7.31) WITH THE NORTHERLY EXTENSION OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON, AND RUN SOUTHEASTERLY, ALONG SAID EXTENSION LINE, TO THE `NEST SHORELINE OF THE INDIAN RIVER LAGOON,- THENCE AGOON; THENCE RUN SOUTHEASTERLY, ALONG SAID WEST SHORELINE, TO ITS INTERSECTION WITH THE CENTERLINE OF SEBASTIAN BOULEVARD (LABELED AS "STREET'), LYING BETWEEN BLOCKS 5 AND 7 OF THE PLAT OF EDGEWATER PARK RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTHWESTERY, ALONG SAID CENTERLINE OF SEBASTIAN BOULEVARD, TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE AND THE CENTERLINE OF COUNTY ROAD 512 -EASTBOUND (ALSO KNOWN AS SEBASTIAN BOULEVARD); THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 512 - EASTBOUND, TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 512 - WESTBOUND; THENCE RUN SOUTHWESTERLY, ALONG THE CENTERLINE OF COUNTY ROAD 512 TO ITS INTERSECTION WITH THE CENTER -INE OF LACONIA STREET (BEING THE WEST LINE OF SEBASTIAN HIGHLANDS UNIT 8, ALSO BEING THE WEST LINE OF SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST); THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF LACONIA STREET, TO THE NORTH LINE OF THE SOUTHWEST'/ OF SECTION 25, TOWNSHIP 31 SOUTH, RANGE 38 EAST (SAID POINT LYING ON THE SEBASTIAN CITY LIMITS LINE); THENCE RUN EASTERLY, ALONG SAID SEBASTIAN CITY LIMITS LINE TO A POINT (SAID POINT BEING WHERE THE SEBASTIAN CITY LIMITS LINE TURNS SOUTH); THENCE RUN SOUTHERLY ALONG THE SAID SEBASTIAN CITY LIMITS LINE, AND ITS SOUTHERLY PROLONGATION TO THE CENTERLINE OF COUNTY ROAD 510 (ALSO KNOWN AS 85TH STREET); THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF SAID COUNTY ROAD 510, TO ITS INTERSECTION WITH THE CENTERLINE OF 66TH AVENUE: THENCE RUN SOUTHERLY, ALONG THE SAID CENTERLINE OF 66TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 41ST STREET (ALSO KNOWN AS SOUTH GIFFORD ROAD); THENCE EASTERLY, ALONG THE CENTERLINE OF 41ST STREET, TO ITS INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILRWAY: THENCE SOUTHEASTERLY, ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY, TO ITS INTERSECTION THE WESTERLY PROLONGATION OF THE CENTERLINE OF 37TH STREET; 381 THENCE EASTERLY, ALONG SAID PROLCNGATION, AND THE CENTERLINE OF 37TH STREET TO ITS INTERSECTION WITH THE CENTERLINE OF 17TH AVENUE; THENCE NORTHERLY, ALONG SAID CENTRLINE OF 17TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 39TH STREET; THENCE WESTERLY, ALONG SAID CENTERLINE OF 39TH STREET, TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NO. 1; THENCE NORTHWESTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NO. 1, TO ITS INTERSECTION WITH THE CENTERLINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT NORTH RELIEF CANAL RIGHT-OF-WAY; THENCE NORTHEASTERLY AND EASTERLY, ALONG SAID CENTERLINE TO A POINT. SAID POINT BEING THE INTERSECTION CF SAID CENTERLINE AND THE NORTHERLY PROLONGATION OF A LINE LABELED AS BEING 375 FEET IN LENGTH, AS DEPICTED ON THE PLAT ENTITLED "RIVER CLUB', AS RECORDED IN PLAT BOOK 12, PAGE 64, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTHERLY, ALONG SAID PROLONGATION, AND SAID LINE LABELED AS BEING 375 FEET IN LENGTH, AS DEPICTED ON THE PLAT ENTITLED "RIVER CLUB', AS RECORDED IN PLAT BOOK 12, PAGE 64, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, TO A POINT IN THE NORTH BOUNDRY LINE OF SAID PLAT OF "RIVER CLUB'; THENCE EASTEERY, ALONG SAID NORTH LINE, TO ITS INTERSECTION WITH THE WEST SHORELINE OF THE INDIAN RIVER LAGOON; THENCE RUN NORTHWESTERLY, ALONG SAID SHORELINE OF THE INDIAN RIVER LAGOON, TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 510; THENCE RUN NORTHEASTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 510, TO ITS INTERSECTION WITH THE CENTERLINE OF WABASSO BEACH ROAD (SAID ROAD STILL BEING COUNTY ROAD 510, AND ALSO KNOWN AS 93RD STREET); THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF WABASSO BEACH ROAD, TO ITS INTERSECTION WITH THE MEAN HIGH-WATER LINE OF THE ATLANTIC OCEAN; THENCE RUN NORTHWESTERLY, ALONG SAID MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN, TO THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY (PER FLORIDA STATUTES 7.31); THENCE RUN SOUTHWESTERLY, ALONG SAID NORTH LINE OF INDIAN RIVER COUNTY, TO ITS INTERSECTION WITH THE NORTHERLY PROJECTION OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON, AND THE POINT OF BEGINNING. 382 COMMISSION DISTRICT NUMBER 3 LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 3 (THREE) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES: BEGIN AT THE INTERSECTION OF THE CENTERLINE OF 66TH AVENUE AND 41ST STREET (ALSLO KNOWN AS SOUTH GIFFORD ROAD) AND RUN EASTERLY, ALONG SAID CENTERLINE OF 41ST STREET, TO ITS INTERSECTION WITH THE WESTYERLY RIGHT -OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY; THENCE SOUTHEASTERLY, ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY, TO ITS INTERSECTION THE WESTERLY PROLONGATION OF THE CENTERLINE OF 37TH STREET: THENCE EASTERLY, ALONG SAID PROLONGATION, AND THE CENTERLINE OF 37TH STREET TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NO. 1; THENCE SOUTHEASTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NO. 1, TO ITS INTERSECTION WITH THE CENTERLINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT MAIN RELIEF CANAL; THENCE WESTERLY, ALONG SAID CENTERLINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT MAIN RELIEF CANAL, TO ITS INTERSECTION WITH THE CENTERLINE OF THE FLORIDA EAST COAST RAILWAY; THENCE SOUTHEASTERLY, ALONG SAID CENTERLINE OF THE FLORIDA EAST COAST RAILWAY, TO ITS INTERSECTION WITH THE CENTERLINE OF 12TH STREET (ALSO KNOWN AS ROSEDALE ROAD); THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF 12TH STREET TO ITS INTERSECTION WITH THE CEN-ERLINE OF 27TH AVENUE (ALSO KNOWN AS EMERSON AVENUE),- THENCE VENUE);THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF 27TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 1ST STREET S.W. (ALSO KNOWN AS R.D. CARTER ROAD); THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF 1ST STREET S.W., TO ITS INTERSECTION WITH THE CENTERLINE OF 58TH AVENUE (ALSO KNOWN AS KING'S HIGHWAY); THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF 58TH AVENUE, TO ITS INTERSECTION WITH THE SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY (PER FLORIDA STATUTES 7.31), BEING THE TOWNSHIP LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH; THENCE RUN WESTERLY, ALONG SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, ALONG SAID DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH, TO THE SOUTHWEST CORNER OF THE BOUNDARY OF INDIAN RIVER COUNTY (BEING THE DIVIDING LINE BETWEEN RANGES 35 AND RANGE 36 EAST); THENCE RUN NORTHERLY, ALONG TI -:E BOUNDARY LINE OF INDIAN RIVER COUNTY (ALSO BEING THE DIVIDING LINE BETWEEN RANGES 35 AND 36 EAST), TO THE NORTHEAST CORNER OF SECTION 1, TOWNSHIP 33 SOUTH, RANGE 35 EAST; 383 THENCE RUN, STILL ALONG THE BOUNDARY LINE OF INDIAN RIVER COUNTY, ALONG THE TOWNSHIP LINE DIVIDING TOWNSHIPS 32 AND 33 SOUTH, RANGE 35 EAST, TO THE RANGE LINE DIVIDING RANGES 34 AND 35 EAST; THENCE RUN NORTHERLY ALONG SAID RANGE LINE, STILL ALONG THE BOUNDARY LINE OF INDIAN RIVER COUNTY, TO ITS INTERSECTION WITH THE CENTERLINE OF STATE ROAD 60; THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF STATE ROAD 60, TO ITS INTERSECTION WITH THE CENTERLINE OF 66TH AVENUE; THENCE RUN NORTHERLY, ALONG SAID CENTERLINE OF 66TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 41ST STREET (ALSO KNOWN AS SOUTH GIFFORD ROAD), AND THE POINT OF BEGINNING. ME COMMISSION DISTRICT NUMBER 4 LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 4 (FOUR) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES: BEGIN AT THE INTERSECTION OF THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE AND THE CENTERLINE OF 12TH STREET AND RUN SOUTHEASTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NUMBER ONE, TO ITS INTERSECTION WITH THE SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY (PER FLORIDA STATUTES 7.31), BEING THE DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH; THENCE RUN WESTERLY, ALONG SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, BEING THE DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH, TO ITS INTERSECTION WITH THE CENTERLINE OF 58TH AVENUE (ALSO KNOWN AS KING'S HIGHWAY); THENCE, LEAVING SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, RUN NORTHERLY, ALONG SAID CENTERLINE OF 58TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 1ST STREET S.W. (A;_SO KNOWN AS R.D. CARTER ROAD); THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 1ST STREET S.W., TO ITS INTERSECTION WITH THE CENTERLINE OF 27TH AVENUE (ALSO KNOWN AS EMERSON AVENUE); THENCE RUN NORTHERLY, ALONG SAID CENTERLINE OF 27TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 12TH STREET (ALSO KNOWN AS ROSEDALE ROAD); THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 12TH STREET, TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE, AND THE POINT OF BEGINNING. 385 COMMISSION DISTRICT NUMBER 5 LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 5 (F VE) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES: BEGIN AT THE INTERSECTION OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON AND THE CENTERLINE OF COUNTY ROAD 510 AND RUN NORTHEASTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 510 TO ITS INTERSECTION WITH THE CENTERLINE OF WABASSO BEACH ROAD (SAID ROAD STILL BEING COUNTY ROAD 510, AND ALSO KNOWN AS 93RD STREET); THENCE RUN EASTERLY, ALONG SAIDCENTERLINE OF WABASSO BEACH ROAD, TO ITS INTERSECTION WITH THE MEAN HIGH-WATER LINE OF THE ATLANTIC OCEAN; THENCE RUN SOUTHEASTERLY, ALONG SAID MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN, TO ITS INTERSECTION WITH A LINE LYING 45.22 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE TOWNSHIP LINE DIVIDING TOWNSHIPS THIRTY- THREE AND THIRTY-FOUR SOUTH; THENCE WEST, PARALLEL WITH, AND 45.22 FEET SOUTH OF SAID TOWNSHIP LINE, TO THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A1A; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE INTERSECTION OF SAID RIGHT-OF-WAY LINE AND THE NORTH LINE OF LOT 25, PLAT OF KANSAS CITY COLONY, AS RECORDED IN PLAT BOOK 4, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID NORTH LINE OF LOT 25 LYING 150 FEET NORTH OF, AND PARALLEL WITH, AS MEASURED AT RICHT ANGLES TO, THE TOWNSHIP LINE DIVIDING TOWNSHIPS THIRTY-THREE AND THIRTY-FOUR SOUTH; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 25 TO THE EASTERLY MEAN HIGH WATER LINE OF ROUND ISLAND CREEK; THENCE MEANDERING SOUTHEASTERLY ALONG SAID MEAN HIGH WATER LINE TO ITS INTERSECTION WITH THE TOWNSHIP LINE DIVIDING TOWNSHIPS THIRTY-THREE AND THIRTY-FOUR SOUTH; THENCE WEST ON SAID TOWNSHIP LINE, TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE; THENCE, LEAVING SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, RUN NORTHWESTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NUMBER ONE, TO ITS INTERSECTION WITH THE CENTERLINE OF 12TH STREET (ALSO KNOWN AS ROSEDALE ROAD); THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF 12TH STREET, TO ITS INTERSECTION WITH THE CENTERLINE OF THE FLORIDA EAST COAST RAILWAY; THENCE RUN NORTHWESTERLY, ALONG SAID CENTERLINE OF THE FLORIDA EAST COAST RAILWAY, TO ITS INTERSECTION WITH THE CENTERLINE OF 37TH STREET; THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 37TH STREET, TO ITS INTERSECTION WITH THE CENTERLINE OF 17TH AVENUE; THENCE NORTHERLY, ALONG SAID CENTRLINE OF 17TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 39TH STREET; THENCE WESTERLY, ALONG SAID CENTERLINE OF 39TH STREET, TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NO. 1; THENCE NORTHWESTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NO. 1, TO ITS INTERSECTION WITH THE CENTERLINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT NORTH RELIEF CANAL RIGHT-OF-WAY; THENCE NORTHEASTERLY AND EASTERLY, ALONG SAID CENTERLINE TO A POINT. SAID POINT BEING THE INTERSECTION OF SAID CENTERLINE AND THE NORTHERLY PROLONGATION OF A LINE LABELED AS BEING 375 FEET IN LENGTH, AS DEPICTED ON THE PLAT ENTITLED "RIVER CLUB", AS RECORDED IN PLAT BOOK 12, PAGE 64, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTHERLY, ALONG SAID PROLONGATION, AND SAID LINE LABELED AS BEING 375 FEET IN LENGTH, AS DEPICTED ON THE PLAT ENTITLED "RIVER CLUB", AS RECORDED IN PLAT BOOK 12, PAGE 64, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, TO A POINT IN THE NORTH BOUNDRY LINE OF SAID PLAT OF "RIVER CLUB", THENCE EASTLERY, ALONG SAID NORTH LINE, TO ITS INTERSECTION WITH THE WEST SHORELINE OF THE INDIAN RIVER LAGOON; THENCE RUN NORTHWESTERLY, ALONG SAID SHORELINE OF THE INDIAN RIVER LAGOON, TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 510, AND THE POINT OF BEGINNING. 387 Treasure Coast Newspapers PART OF THE USA TODA'dNIETSP ORK Indian Riv-er Press Journal 1801 U.S. 1, aero Beach, FL32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNT'' ATTORNEYS OFFICE 1801 27TH ST VERO BEACH, FL 32960 ATTN NADIA WESTERIK STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement ; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the — att shed copy of advertisement. 12/15/2021; 12/22/2021 Subscribed and sworn to before on December 22nd, 2021 Notary, State( ?Y' pi County own My commissi n pyres Publication Cost: $1,890.00 r NANCY HEYRMAN Ad No: GCI0790134 Notary Public Customer No: 461741 A State Of Wisconsin POR: PUBLIC NO77CE l2 -TZ ► Co. A. 3 'E KY4 DEC 2 8 2021 COUNTY Y OFFICE NOTICE OF COUNTY COMMISSION DISTRICT BOUNDARIES FICE IS HEREBY GIVEN or the Indian River County Commission District Boundaries, adopted on :ember 7,2021: THENCE RUN SOUTHWESTERLY, ALONG THE CENTERLINE OF COUNTY ROAD 512 TO ITS INTERSECTION BEGINNING. WITH THE CENTERUNE OF LACONIA STREET (BEING THE WEST UNE OF SEBASTIAN HIGHLANDS UNIT B THENCE RUN SOUTHWESTERLY. ALONG SAID CENTERLINE OF COUNTY ROAD 512 -EASTBOUND, 10 ITS THENCE RUN NORTHERLY, ALONG SAID CENTERLNE OF 66TH AVENUEJO ITS INTERSECTION WTN INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 512 -WESTBOUND; THE CENTERLINE OF 41 ST STREET (ALSO KNOWN AS SOUTH GIFFORD ROAD), AND THE MINT OF INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ALSO BONG THE WEST LINE OF SECTION 13 TOWNSHIP 31 SOUTH, RANGE 36 EAST); COMMISSION DISTRICT NUMBER 4 PETER D. 0' BRYAN. CHAIRMAN OMISSION DISTRICT NUMBER 1 AL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 1 E) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNON§tS: IN AT THE INTERSECTION OF THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY FLORIDA (PER RIDA STATUTES SECTION 7.31) WITH THE NORTHERLY EXTENSION OF THE WEST SHORELINE OF .INDIAN RIVER LAGOON, AND RUN SOUTHEASTERLY ALONG SAID EXTENSION LINE, 10 THE WEST IRELINE OF THE INDIAN RIVER LAGOON; NCE RUN SOUTHEASTERLYALONG SAID WEST SHORELINE, TO ITS INTERSECTION WITH THE ITERLINE OF SEBASTIAN BOULEVARD ¢REELED AS -STREET-). LYING BETWEEN BLOCKS 5 AND 7 THE PLAT OF EDGEWATER PARK RECORDED IN PUT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF IAN RIVER COUNTY, FLORIDA; NCE RUN SOUTHWESTERN ALONG SAID CENTERLINE OF SEBASTIAN BOULEVARD, TO ITS 7MSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE AND THE CENTERLINE OF INTY ROAD 512 -EASTBOUND (ALSO KNOWN AS SEBASTIAN BOULEVARD): NCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 512 -EASTBOUND. TO ITS 'RSECTION WITH THE CENTERLINE OF COUNTY ROAD 512- WESTBOUND; NCE RUN SOUTHWESTERLY ALONG SAID CENTERLINE OF COUNTY ROAD 512 TO ITS INTERSECTION H THE CENTERLINE OF LACOMA STREET (BEING THE WEST LINE OF SEBASTIAN HIGHLANDS UNIT 8, 0 BEING THE WEST UNE OF SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST); NCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF LACONIA STREET, TO THE NORTH LINE OF THE FTHWEST III OF SECTION 25. TOWNSHIP 31 SOUTH, FLANGE 38 EAST (SAID POINT LYING ON THE ASTVW CITY LIMITS LNEI: NCE RLN EASTERLY, ALONG SAID SEBASTIAN CITY LIMITS LINE TO A POI NE (SAID PONT BEING :RE THE SEBASTIAN CITY LIMITS LINE TURNS SOUTH); NCE RUN SOUTHERLY ALONG THE SAID SEBASTIAN CITY LIMITS LINE, AND ITS SOUTHERLY LONGATION TO THE CENTERLINE OF COUNTY ROAD 510 (ALSO KNOWN AS 85TH STREET), NCE RUN EASTERLY, ALONG SAID CENTERLINE OF SAID COUNTY ROAD 510, TO ITS IPTERRSECTION H THE CENTERLINE OF 661H AVENUE: NCE RUN SOUTHERLY, ALONG THE SAID CENTERLINE OF 66TH AVENUE, TO ITS INTERSECTION WITH CENTERLINE OF STATE ROAD 60 (ALSO KNOWN AS 20TH STREET); NCE RUN WESTERLY ALONG SNL) CENTERLINE OF STATE ROAD 60, TO ITS INTERSECTION NTH THE LT BOUNDARY LINE OF INDIAN RIVER COUNTY PER FLORIDA STATUTES SECTION 7.31), BEING THE DING LINE BETWEEN RANGES 34 AND 35 EAST; NCE RLN NORTHERLY, STILL ALONG THE WEST BOUNDARY LINE OF INDIAN RIVER COUNTY BEING DIVIDING UNE BETWEEN RANGES 34 AND 35 EAST, TO A POINT ON THE SOUTH LINE OF SECTION TOWNSHIP 31 SOUTH; RANGE 35 EAST_ ___ - __ NOT RUN WESTERLY. STILL ALONG SND WEST BOUNDARY UNE OF INDIAN EWER COUNTY (SND ALSO BEING THE SOUTH LINE OF SAID SECTION 31). TO THE SOUTHWEST CORNER OF SAID TION 31; NCE RUIN NORTHERLY, STILL ALONG SAID WEST 13OUNOARY LINE OF INDIAN PAVER COUNTY, BEING DMDING UNE BETWEEN RANGES 34 AND 35 FAST, TO THE NORTHWEST CORNER OF 1OWNSHIP 31 RH, RANGE 35 EAST; NCE RUN EASTERLY ALONG THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY ALONG THE DING UNE BETWEEN TOWNSHIPS 30 AND 31 SOUTH, TO THE POINT WHERE SAID LINE INTERSECTS H THE THREAD OF THE SOUTH FORK OF THE ST SEBASTIAN EWER; NCE RUN NORTHEASTERLY, ALONG THE NORTH BOUNDARY UNE OF INDIAN RIVER COUNTY (AM NG THE THREAD OF THE SOUTH FORK OF THE ST. SEBASTIAN EWER), TO THE MAIN STREAM OF SAID 6EBASTIPN RIVER: NCE CONTINUE NORTHEASTERLY ALONG THE NORTH BOUNDARY UNE OF INDIAN PAVER COUNTY NG THE THREAD OFTHE ST. SEBASTIAN RIVER), TO ITS INTERSECTION WITH THE NORTWRLY JECTION OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON. AND THE POINT OF BEGINNING. OMISSION DISTRICTNUMBER 2 AL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 2 0) SHALL BE All OF THE TERFITORY WITHIN THE FOLLOWING BOUNOARIES: IN AT THE INTERSECTION OF TIE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY, FLORIDA WE RIDA STATUTES 7.31) WITH THE NORTHERLY EXTENSION OF THE WEST SHORELINE OF THE INDIAN :R LAGOON, AND RUN SOUTHEASTERLY ALONG SAID EX I ENSION UNE. TO THE WEST SHORELINE OF NOLAN RIVER LAGOON; NCE RUN SOUTHEASTERLY ALONG SAID WEST SHORELINE, TO ITS INTERSECTION WITH TERLNE OF SEBASTIAN BOULEVARD (LABELED AS -STREET-), LYING BETWEEN BLOCKS 5 AND 7 ME PLAT OF EDGEWATER PARK RECORDED IN PUT BOOK 1. PACE 23 0'r THE PUBLIC RECORDS OF AN RIVER COUNTY, FLORIDA: NCE RUN SOUTHWFSTERY,, ALONG SAID CENTERLINE OF SEBASTIAN BOULEVARD. TO ITS ERSECTION WITH THE CENTERLINE U US. HIGHWAY NUMBER ONE AND THE CENTERUNE OF INTY ROAD 512 -EASTBOUND (ALSO KNOWN AS SEBASTIAN BOULEWO). THENCE RUN SWMERLY, ALONG SAID CE77TERL.INE OF LACONIA STREET, TO THE NORTH UNE OF THE LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NLIMBER4 SOUTHWEST I/4 OF SECTION 25, TOWNSTRF 31 SOUTH, RANGE 39 EAST (SAID POINT LYING ON THE (FOLIO SHALL BE ALL OF THE IT WITHIN THE FOLLOWING BOLINDARIES: SEBASTIAN CITY LIMITS UNE(: THENCE RUN EASTERLY, ALONG SAID SEBASTIAN CITY LIMITS LINE TO A POINT (SND POINT BEING WHERE THE SEBASTIAN CITY LIMITS LINE TURNS SOUTH), THENCE RUN SOUTHERLY ALONG THE SAID SEBASTIAN CITY LIMITS LINE, AND ITS SOUTHERLY PROLONGATION TO THE CENTERLINE OF COUNTY ROAD 510 (ALSO KNOWN AS 85TH STREET); THENCE RUN EASTERLY, ALONG SAID CENrRLNE OF SAID COUNTY ROAD 510, TO ITS INTERSECTION WITH THE CENTERLINE OF 66111 AVENUE; THENCE RUN SOUTHERLY, ALONG THE SAID CENTEAUNE OF 66TH AVENUE, TO 178 INTERSECTION WITH THE CENTERLINE OF 41ST STREET (ALSO KNOWN AS SOUTH GIFFORD ROAD); THENCE EASTERLY, ALONG THE CENTERLINE 3F 41ST STREET,TO ITS INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA FAST MOST RAI.RWAY, BEGIN ATTHE INTERSECTION OF THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE AND THE CENTERLINE OF 12TH STREET AND RUN SOUTHEASTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWA NUMBER ONE.TO ITS INTERSECTION WITH THE SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY (P FLORIDA STATUTES 7.31). BEING THE DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH; THENCE RUN WESTERLY, ALONG SND SOUTH BOUNDARY LINE OF INDIAN PAVER COUNTY BEING THE DMDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH, TO ITS INTERSECTION WITH ME CENTERUI OF 58TH AVENUE (ALSO KNOWN AS KING'S HIGHWAY), THENCE, LEAVING SAID SOUTH BOUNDARY LWF OF INDIAN RIVER COUNTY, RUN NORTHERLY, ALONG SAID CENTERLINE OF 58TH AVENUE, TO ITS INTERSECTION WITH THE OFNTERUNE OF IST STREETS THENCE SOUTHEASTERLY, ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST (ALSO KNOWN AS RD. CARTER ROAD); RARWAYTO ITS INTERSECTION THE WESTERLY PROLONGATION OF THE CENTEFIL94E OF 37TH STREET; IHENCE EASTERLY, ALONG SAID PROLONGAILIN,AND THE CENTERLINE OF 37TH STREET TO ITS INTEHSECHI(1N MTH THE CENTERUNE OF 17TH AVENUE; THENCE NORTHERLY, ALONG SAID CENTRLIME OF 17TH AVENUE, TO ITS INTERSECTION WITH THE CENTERUNE OF 39TH STREET; THENCE WESTERLY ALONG SAID CENTERLINE OF 39TH STREET,TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NO. 1; THENCE NORTHWESTERLY ALONG SAID CENIENINE OF U.S. HIGHWAY NO.1, TO ITS INTERSECTION WITH THE CENTERLINE OF THE INDIAN RVEF FARMS WATER CONTROL DISTRICT NORTH RELIEF CANAL RIGHT -OF -WAV THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CENTERLINE TO A POINT. SAID POINT BEING THE N IEASECTION OF SAID CENTERLINE AN0THE NORTHERLY PROLONGATION OF A LINE LABELED AS BEING 375 FEET IN LENGTH, AS DEPICTED ON THE PLAT ENTITLED "RIVER CLUB", AS RECORDED IN PLAT BOOK 12, PAGE 64, OF THE PUBIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTHERLY ALONG SAID PROLONGAT`.ON, AND SAID LINE LABELED AS BEING 375 FEET IN LENGTH. AS DEPICTED ON THE PUT ENTITLED "RIVER CLUB AS RECORDED IN PLAT BOOK 12, PAGE 64 OF THE PUBLIC RECORDS OF INDAN FIVER COUNTY FLORIDA, TOA POINT IN THE NORTH HOMELY UNE OF SAID PUT OF -RIVER CLUB' THENCE EASTERN ALONG SAID NORTH LINE, TO ITS INTERSECTION NTH THE WEST SHORELINE OF THE INDIAN RIVER LAGOON; THENCE RUN NORTHWESTERLY, ALONG SAID SHORELINE OF THE NOUN RIVER LAGOON,TO ITS INTERSECTION WITH THE CENTERLINE OF COURTY ROAD 51 D; THENCE RUN NORTHEASTERLY, ALONG SAID CENTERUNE OF COUNTY ROAD 510, TO ITS INTERSECTION WITH THE CFNTERUNE OF WABASSO BEACH ROAD (SAID ROAD SILL BONG COUNTY ROAD 510, AND ALSO KNOWN AS 93RD STREETI; THENCE RUN EASTERLY, ALONG SAID CENTE"k OF WABASSO BEACH ROAD, TO 95 INTERSECTION WITH THE MEAN HIGH-WATER LINE OF THE AT ANTIC OCEAN; THENCE RUN NORTHWESTERLY, ALONG SAID MEAN HIGH{ WATER LINE OF THE ATIAN TIC OCEAN, TO THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY (PER FLORIDA STATUTES 7.31); THENCE RUN SOUTHWESTERLY ALONG SAID NORTH UNE OF INDIAN RIVEN COUNTY, TO ITS INTERSECTION WITH THE NORTHERLY PROJECIDN OF THE WEST SHORELINE OF THE INDIAN FIVER LAGOON, AND THE POINT OF BEGINNING. COMMISSION DISTRICT NUMBER 3 LEGAL DESCRIPTION OF COLLA TY COMMISSIOM BOARD MEMBER RESIDENCE DIS74CT NUMBER 3 (THREE) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES: BEGIN AT THE INTERSECTION GET HE CENTERLINE OF 66TH AVENUE AND 41 ST STREET (ALSO KNOWN AS SOUTH GIFFORD ROAD) AND RW EASTERLY ALONG SND CENTERUNE OF 41 ST STREET, TO ITS INTERSECTION WITH THE WESTYERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY THENCE SOUTHEASTERLY, ALONG SND WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY TO ITS INTERSECTION THE WESTERLY FNOLONGATION OF THE CENTERLINE OF 37M STREET; THENCE EASTERLY ALONG SAID PROLONGATION. AND THE CENTERLINE OF 37TH STREET TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. H13HWAY NO 1; THENCE SOUTHEASTERLY, ALONG SAID CENTEFL14E OF U.S. HIGHWAY NO 1, TO ITS INTERSECTION WITH THE CENTERUNE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT MAIN RELIEF CA14AL: THENCEYJESTERLY. ALONG SAID CENTERLINE CIFT E INMAN RIVER FARMS WATER CONTROL DISTRICT MAIN RELIEF CANAL., TO NTS INTERSECTION WITH Tiff CFNFERLINE OF THE FLORIDA FAST COAST RAILWAY; THENCE SOUTHEASTERLY, ALONG SAID CENTEFL NE OF THE FLORIDA EAST COAST RAILWAY, TO ITS INTERSECTION WITH THE CENTERLINE OF 12TH SIRE T(UG KNOWN AS ROSE DALE ROAD); THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF 12TH STREET TO ITS INTERSECTION HATH THE CENTER INE OF 27TH AVENUE (ALSO KNOWN AS EMERSON AVENUE1 1 HENCE HUN SOUTHERLY, ALONG SAO CEN I LHILIE OF 271H AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE O=1 ST STREET S.W. (ALSO KNOWN AS R. D. CARTER ROAD); THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF 1ST STREET S.W, TO ITS INTERSECTION WITH THE CENTEALINE OF 58TH AVENUE (AL SO KNOWN AS KINDS HIGHWAY); THENCE RUN SOUTHERLY ALONG SAID CFNTE LINE OF 58-" AVENUE, TO ITS INTERSECTION WITH THE SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY PET FLORIDA STATUTES 7.31), BEING THE TOWNSHIP LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH; THENCE RUN WESTERLY, ALONG SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY.ALONG SND OWING UNE BETWEEN TOWNSHIPS 33 MC 34 SOUTH, TO THE SOUTHWEST CORNER OF THE BOUNDARY OF INDIAN RIVER COUNTY (BEING THE OMOING LINE BETWEEN RANGES 35 AND RANGE 36 EAST); THENCE RUN NORTHERLY, ALONG THE BOUNDARY LINE OF INDIAN RNLI COUNTY (ALSO BEING THE DMDING LINE BETWEENN RANGES 35 AND 36 EAElE, TO THE NORTHEAST CORNER OF SEC ION 1, TOWNSHIP 33 SOUTH. RANGE 35 EAST; THENCE RUN, STILL ALONG THE BOUNDARY LINE OF INDIAN FINER COUNTY ALONG THE TOWNSHIP LINE DMDING TOWNSHIPS 32 AND 33 SOUTH, RANGE 35 EAST, TO THE RANGE UNE DMDING RANGES 34 AND 35 FAST, THENCE RUN NORTHERLY ALONG SAID RANGE LINE, STILL ALONG THE BOUNDARY LINE OF INDIAN RIVER COUNTY, TO ITS INTERSECTION WITH THE CENTERUNE OF STATE ROAD 60; THENCE RUN EASTERLY, ALONG SAID CEA TERVE OF STATE ROAD 60, TO ITS INTERSECTION WITH THE CENTERLINE OF 66TH AVENUE; THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 1ST STREET S.W. TO ITS INTERSECTION WITH THE CENIERLNE OF 2TTH AVENUE (ALSO KNOWN AS EMERSON AVENUE), THENCE RUN NORTHERLY, ALONG SAID CENTERLINE OF 27TH AVENUE,TO ITS INTERSECTION WITH T CENTERLINE OF 12TH STREET (ALSO KNOWN AS ROUE DALE ROAD); THENCE RUN EASTERLY. ONG SAID GENTERUNE CF 12TH STREET. TO TS NTERSECNOh WITH THE CENTERUNE OF U.S HIGHWAY NUMBER ONE, AND THE PONT OF BEGINNING. COMMISSION DISTRICT NUMBER 5 LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 5 (FIVE) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES: BEGIN AT THE INTERSECTION OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON ANC THE CENTERLINE OF COUNTY ROAD 510 AND RUN NORTHEASTERLY, ALONG SAID CENTERLINE OF COUNT ROAD 510 TO ITS INTERSECTION WITH THE CENTERLINE OF WABASSO BEACH ROAD (SAID LOAD STI BEING COUNTY ROAD 510, AND ALSO KNOWN AS 9380 STREET); THENCE RUN EASTERLY ALONG SAID CENTERLINE OF WARASSO BEACH ROAD, TO ITS NTEASECTIO WITH THE MEAN HIGH-WATER LINE OF THE ATLANTIC OCEAN; THENCE RUN SOUTHEASTERLY, ALONG SAID MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN, TO IT INTERSECTION WITH A LINE LYING 45.22 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE TOWNS[ IIP LINE DIWDINGTOWNSHIPS THIRTY-THREE AND TI IMTY-FOUR SOUTH; THENCE WEST, PARALLEL WITH, AND 45.22 FEET SOUTH OF SAID TOWNSHIP LINE, TO THE MT RG OF -WAY LINE OF STATE ROAD AIA, THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE INTERSECTION OF SAID RIGHT- OF-WAY LINE AND THE NORTH LINE OF LOT 25, PLAT OF KANSAS COY COLONY, AS RECORDED N PL. BOOK 4, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCE COUNTY FLORIDA SAID NORTH LIVE OF LOT 25 LYING 150 FIST NORTH OF, AND PARALLEL WITH . AS MEASURED AT RIGHT A4GLE51f0, THE TOWNSHIP LINE DMDING TOWNSHIPS THIRTY-THREE AND THIRTY-FOUR SOUTH; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 25 TO THE EASTERLY MEAN HIGH WATER LINE I ROUND ISLAND CREEK; THENCE MEANDERING SOUTHEASTERLY ALONG SAID MFAN HIGH WATER LINE TO RS INTERSECTION V41TR THE TOWNSHIP LINE DIVIDING TOWNSHIPS THIRTY-THREE AND THIRTY-FOUR SOUTH; TIENJCE WEST ON SAID TOWNSHIP UNE. TO ITS INTERSECTION VAIN THE CENTERIJNE OF U.S HIGHWAY NUMBER ONE; THENCE, LEAVING SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, RUN NORTHWEST -RLN ALONG SND CENTERUNE OF U.S. HIGHWAY NUMBER ONE, TO ITS INTERSECTION WITH THE CENTERLINE OF 12TH STREET (ASO KNOWN AS ROSEDALE ROAD); THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF 12TH STREET, TO ITS INTERSECTION WET THI CENTERLINE OF THE FLORIDA EAST COAST RAILWAY; THENCE RUN NORTHWESTERLY. ALONG SND CENTERLINE OF THE FLORIDA EAST COAST RA07WAY TT ITS INTERSECTION WITH THE CENTERLINE OF 37TH STREET; THENCE RUN EASTERLY ALONG SAID CENTERLINE OF 37TH STREET, TO ITS INTERSECTION WIEH THE CENTERLINE OF 17TH AVENUE; THENCE NORTHERLY, ALONG SAID CENTRUNE OF 17TH AVENUE, TO ITS NTFRSECTION WITH THE CENTERLINE OF 39TH STREET; THENCE WESTERLY ALONG SAID CENTERLINE OF 39TH STREET, TO ITS INTERSECTION WITH TOE CENTERLI E OF U.S. HIGHWAY NO. 1; THENCE NORTHWESTERLY ALONG SAID CENTERLINE OF [IS. HIGHWAY NO 1. TO ITS IN7FRSEMnN WITH THE CENTERLINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT NORTH RELIF CAN RIGHI-OF-WAY; THENCE NORTHEASTERLYAND EASTERLY, ALONG SAN CENTERUUE TOA PONT. SAO PONT BONG THE INTERSECTION OF SAID CENTERLINE AND THE NORTHERLY PROLONGATION OF A UNE LABELED AS BEING 375 FEET N LENGTH, AS DEPICTED ON THE PLAT ENTITLED "RIVER CLUB AS RECORDED PLAT BOOK 12, PAGE 64, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTHERLY, ALONG SAID PROLONGATION, AND SAID LINE LABELED AS BEING 375 FEET N LENGTH, AS DEPICTED ON THE PLAT ENTITLED "RIVER CLUB". AS RECORDED N PLAT BOOK 12, PAGt 64, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. TO A POINT IN THE NORTH BOUND LINE OF SAID PLAT OF'RIVER CLUB"; THENCE EASTERN ALONG SAID NORTH LINE. TO ITS INTERSECTION TITIN THE WEST SHORELINE OF THE INDIAN RIVER LAGOON; THENCE RUN NORTHWESTERLY. ALONG SAID SHORELINE OF THE INDIAN PAVER LAGOON. TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 510, AND THE POINT OF BEGINNING. ssVID .E;SIU Q�LLUOSD'dd LL- > -O LLJ z 0 u LU /00 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 16, 2021 SUBJECT: Public Notice of Public Hearing for December 14, 2021, to Consider an Ordinance Authorizing an Extension of the Temporary Moratorium for an Additional 1 Year with regard to Class B Biosolids The Board of County Commissioners will hold a Public Hearing on Tuesday, December 14, 2021, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 1 YEAR, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. KM /a� DEPARTMENT MATTERS INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT & BUDGET TO: Members of the Board of County Commissioners DATE: November 19, 2021 THROUGH: Jason E. Brown, County Administrator FROM: Kristin Daniels, Director, Management & Budget SUBJECT: CARES Act — Spending Plan Revisions BACKGROUND: On July 7, 2020, the Board of County Commissioners approved the initial CARES Act Spending Plan for the first 25% allocation received from the State, with slight revisions approved on July 14, 2020. Subsequently, on August 18, 2020, the Board approved further revisions to the initial plan. On September 22, 2020 the Board approved allocating an additional $4,662,600 under the Phase 2 Spending Plan. On November 10, 2020 the Board made other revisions to the plan for an additional $1,886,518, bringing the total proposed plan to $13,525,451. On December 1, 2020 the Board approved use of the full $27,905,330 Indian River County has been allocated. Further revisions to the plan were approved on January 5, 2021, which allocated the $12,723,176 attributed to public health/public safety payroll to other expenditure categories. On February 17, 2021, Indian River County received the remaining $15,347,931 in CARES Act funding, and has therefore received the entire $27,905,330 allocation. Additional revisions to the plan were approved on March 9, 2021, to reallocate funding between categories. Because the Board elected to draw down funding via reimbursement for public health/public safety payroll expenses, the Board has discretion on awarding these funds after the initial December 30, 2020 CARES Act deadline. On January 5, 2021, the Board approved time extensions with each agency that had funds remaining to grant them the remainder of the current fiscal year to spend their allocations. ANALYSIS: The following table shows the currently approved allocation by category and recommended revisions to the plan. The majority of the proposed spending plan revisions are due to select agencies and municipalities returning portions of their allocations. Details regarding individual changes are itemized below. These decreases are being offset by increases in line items that may have a future need for the funding. 389 CARES Act Spending Plan Type of Expense Approved Allocation Proposed Reallocation Municipalities $2,278,078 $0 Constitutional Officer Expenses $3,388,573 $0 BCC Expenses $7,997,647 $1,468,443 Health Department $600,453 -$148,454 Other Healthcare Providers $380,280 -$100,000 State Agencies $30,000 $0 Economic Development $2,640,853 -$19,989 Community Support $9,562,756 -$1,200,000 School District of IRC $1,026,690 $0 PH/PS Payroll to be Reallocated $0 $0 Total $27,905,330 $0 Municipalities On September 21, 2021 the Board of County Commissioners approved the City of Fellsmere's requested time extension from September 30, 2021 to December 1, 2021. This additional time was to be used to design specific construction plans for the implementation of broadband based on the results of the completed study. The City of Fellsmere has since requested an additional extension through December 31, 2021 in order to complete the project and request reimbursement from the County. The City of Sebastian has also requested an extension through the end of the year in order to receive goods that have been purchased with the intent of utilizing CARES Act funding. Staff is agreeable to both of the proposed extensions. BCC Expenses Adjustments need to be made in the BCC Expense category to cover reallocations of funding detailed in the expense categories below. In total, BCC Expenses are receiving an additional $1,468,443 in funding. Health Department The Health Department has invoiced the County for COVID-19 related expenses totaling $451,999, and proposes to return the remaining funding of $148,454. Staff recommends the remaining funds totaling $148,454 be reallocated to the BCC Miscellaneous Expenses line item in order to fund any unanticipated COVID-19 related expenses that may occur in the future. Other Healthcare Providers The County's contract with Cleveland Clinic expired on September 30, 2021. Staff has not received any reimbursement requests from the hospital, despite multiple outreach attempts. It is 390 possible that the hospital may have received other stimulus funding to cover their COVID-19 related expenses. Staff recommends Cleveland Clinic's $100,000 allocation be reallocated to the BCC Miscellaneous Expenses line item in order to fund any unanticipated COVID-19 related expenses that may occur in the future. Economic Development On September 21, 2021, the Board of County Commissioners approved a reduction of $19,147 in Indian River State College's requested allocation (originally $60,000) to provide courses to County residents that provided additional skillsets and training to potentially help those affected by COVID-19 in securing employment going forward. After review of the invoices submitted by the College, the County is able to fund $20,864 for these programs. The College wishes to return the remaining allocation totaling $19,989. Staff recommends the remaining funds be reallocated to the BCC Miscellaneous Expenses line item in order to fund any unanticipated COVID-19 related expenses that may occur in the future. Community Support On November 16, 2021 the Board of County Commissioners approved a reallocation of $1.2M from the Eviction Diversion Program to the County's Health Insurance Fund in order to partially offset the $2.8M in COVID-19 related expenses the County's employees and dependents have incurred since the pandemic began. RECOMMENDATION: Staff recommends that the Board consider the proposed CARES Act reallocations, make any changes to the plan and adopt the proposed plan with any applicable changes. Staff recommends that the Board approve the Time Extensions w_th the City of Fellsmere and the City of Sebastian. Staff recommends that the Board approve the decreases in allocations for the Health Department ($148,454), Cleveland Clinic ($100,000), and Indian River State College ($19,989). ATTACHMENTS: CARES Act Spending Plan City of Fellsmere CARES Act Third Time Extension City of Sebastian CARES Act Second Time Extension 391 Indian River County CARES Act Spending Plan Initial 25% Allocation $6,976,333 Second 20% Allocation $5,581,066 Total Allocation $27,905,330 Current Balances as of November 30, 2021 September 21, Reimbursed as of Proposed Type of Expense 2021 Budget November 30 Remaining Budget Revisions Revised Total Municipalities $2,278,078 $1,752,096 $525,982 $0 $2,278,078 Fellsmere $520,000 $383,472 $136,528 $0 $520,000 Indian River Shores $29,511 $29,511 $0 $0 $29,511 Orchid $23,871 $23,871 $0 $0 $23,871 Sebastian $1,061,810 $1,057,356 $4,454 $0 $1,061,810 Vero Beach* $642,886 $257,886 $385,000 $0 $642,886 Constitutional Officer Expenses $3,388,573 $3,388,573 $0 $0 $3,388,573 Clerk $157,292 $157,292 $0 $0 $157,292 Sheriff $2,939,889 $2,939,889 $0 $0 $2,939,889 Property Appraiser $13,000 $13,000 $0 $0 $13,000 Tax Collector $278,392 $278,392 $0 $0 $278,392 BCC Expenses $7,997,647 $6,817,798 $1,179,848 $1,468,443 $9,466,090 COVID-19 Straight Time $858,157 $504,041 $354,116 $0 $858,157 COVID-19 Overtime $550,000 $323,177 $226,823 $0 $550,000 COVID-19 Leave Time $1,931,887 $1,931,887 $0 $0 $1,931,887 Vacation Hours/Employee Vaccine Incentive $232,625 $0 $232,625 $0 $232,625 ESD & Vaccination Project $1,270,371 $786,630 $483,741 $0 $1,270,371 Health Insurance Fund COVID-19 Expense Reimbursement $0 $1,200,000 -$1,200,000 $1,200,000 $1,200,000 Worker's Comp - First Responders $492,561 $453,874 $38,687 $0 $492,561 Miscellaneous Purchases (PPE, Plexiglas Dividers, Signage, etc.) $955,732 $366,144 $589,588 $268,443 $1,224,175 Bi -Polar Ionization $239,568 $191,262 $48,306 $0 $239,568 IT Upgrades $918,093 $711,381 $206,712 $0 $918,093 Temperature Taking Kiosks $46,802 $46,802 $0 $0 $46,802 Munis Modules to Support Teleworking $85,250 $64,910 $20,340 $0 $85,250 Enhanced Cleaning of Buildings $196,601 $123,815 $72,786 $0 $196,601 Consultant Services $100,000 $51,810 $48,190 $0 $100,000 Educational Campaigns $120,000 $62,065 $57,935 $0 $120,000 Health Department $600,453 $451,999 $148,454 -$148,454 $451,999 Other Healthcare Providers $380,280 $280,280 $100,000 -$100,000 $280,280 Treasure Coast Community Health (TCCH) $200,000 $200,000 $0 $0 $200,000 Whole Family Health Center $80,280 $80,280 $0 $0 $80,280 Cleveland Clinic $100,000 $0 $100,000 -$100,000 $0 State Agencies $30,000 $22,961 $7,039 $0 $30,000 Economic Development $2,640,853 $2,740,864 -$100,011 -$19,989 $2,620,864 Small Business Development Center* $2,600,000 $2,720,000 -$120,000 $0 $2,600,000 OJT College Partnership $40,853 $20,864 $19,989 -$19,989 $20,864 Community Support $9,562,756 $7,791,589 $1,771,167 -$1,200,000 $8,362,756 Treasure Coast Food Bank* $1,600,000 $1,790,000 -$190,000 $0 $1,600,000 Senior Resource Association* $275,000 $350,000 -$75,000 $0 $275,000 Indian River County Hospital District $349,211 $349,211 $0 $0 $349,211 United Way $2,777,601 $2,777,602 -$1 $0 $2,777,601 PPE Kits $60,944 $60,944 $0 $0 $60,944 Mortgage/Rental Assistance $4,500,000 $2,463,832 $2,036,168 -$1,200,000 $3,300,000 School District of Indian River County $1,026,690 $1,026,690 $0 $0 $1,026,690 Additional Public Health & Public Safety Payroll Expenses $0 $0 $0 $0 $0 Total $27,905,330 $24,272,8511 $3,632,4791 $0 $27,905,330 •COVB allocated $120,000 of their allocation to the Small Business Grant Program, $190,000 to the Treasure Coast Food Bank and $75,000 to the Senior Resource Association. 392 THIRD EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT THIS THIRD EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT ("Third Extension") is entered into as of the day of December, 2021 by and between Indian River County, apolitical subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960 ( "Recipient"), and City of Fellsmere, a municipality, whose address is 22 S. Orange Street, Fellsmere, FL 32948 (the "Subrecipient'). RECITALS WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient (the "Agreement"); and WHEREAS, the Agreement was to expire on December 30, 2020; and WHEREAS, the Agreement was extended through September 30, 2021: and WHEREAS, the Recipient and Subrecipient extended the Agreement, again, until December 1, 2021, as part of the Third Amendment to the Agreement; and WHEREAS, the Recipient and Subrecipient wish to extend the Agreement until December 31, 2021, nunc pro tunc; NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Extension of the Agreement. The Agreement is extended until December 31, 2021, nunc pro tunc. 3. All other provisions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, Recipient and Subrecipient have executed this Third Extension this _ day of December, 2021. CITY OF FELLSMERE 22 S. Orange Street, Fellsmere, Florida 32948 Mark D. Mathes, City Manager INDIAN RIVER COUNTY, FLORIDA M. Peter D. O'Bryan, Chairman Board of County Commissioners 393 ATTEST: Maria Suarez -Sanchez, City Clerk Approved as to Form and Legal Sufficiency Warren Dill City Attorney Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold County Attorney Jason E. Brown, County Administrator 394 SECOND EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT THIS SECOND EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT ("Second Extension") is entered into as of the _ day of , 2021 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960 ("Recipient"), and City of Sebastian, a municipality, whose address is 1225 Main Street, Sebastian, Florida, 32958 (the "Subrecipient"). RECITALS WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient (the "Agreement"); and WHEREAS, the Agreement was to expire on December 30, 2020; and WHEREAS, the Recipient and Subrecipient extended the Agreement until September 30, 2021; and WHEREAS, the Recipient and Subrecipient wish to extend the Agreement until December 31, 2021, nunc pro tunc; NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Extension of the Agreement. The Agreement is extended until December 31, 2021, nunc pro tunc. 3. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, Recipient and Subrecipient have executed this Second Extension this _ day of December, 2021. CITY OF SEBASTIAN 1225 Main Street, Sebastian, Florida 32958 LIM Paul E. Carlisle, City Manager INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Board of County Commissioners 395 ATTEST: Jeanette Williams, City Clerk Approved as to Form and Legal Sufficiency Manny Anon, Jr. City Attorney Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold County Attorney Jason E. Brown, County Administrator 396 /34 IM1163 TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 8, 2021 SUBJECT: Agriculture Advisory Committee Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the position of "Farm Bureau Representative" representative vacancy on the Agriculture Advisory Committee, which term expires in January 2023. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position: Michael E. Sexton RECOMMENDATION. The County Attorney recommends that the Board review the applicant's application and determine whether to appoint him to fill the unexpired term for the "Farm Bureau Representative" to the Agriculture Advisory Committee. ATTACHMENT. Application 397 Indian River County Boards & Commissions Profile Michael E Sexton First Name Middle Initial last Name treasurehammockranch@gmaii.com Email Address Submit Date: Nov 05, 2021 2248 18th Avenue Street Address Suite or Apt Vero Beach FL 32960 City State Postal Code Mobile: (772) 321-7495 Primary Pone Alternate Phone Treasure Hammock Ranch, Sexton Inc. Forman, President Employer Job Title Which Boards would you like to apply for? Agriculture Advisory Committee: Submitted How long have you been a resident of Indian River County? 33 years Are you a full-time or part-time resident? Select one. " (J Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. Treasure Hammock Ranch, Manager Sexton Inc., President Alex MacWilliam Real Estate, Sales Associate R & S Cattle LLC, Owner M E Sexton Cattle & Real Estate LLC, owner. Please list any licenses you presently hold: Sales associate lisence Please list any organization of which you are currently a member: Indian River County Cattleman's association, Secretary Farm Bureau, President Farm Service Agency, chairman Please list any other committees or boards you currently sit on: 398 Michael E Sexton Interests & Experiences Why are you interested in serving on a board or commission? I was asked if I would be interested in joining, I feel I have lots of experience and knowledge that will be useful to the board. Upload a Resume Demographics Political Party Republican 10/24/1988 Date of Birth Race (Used for State Reporting)' W Caucasian Gender* P Male Do you have a government recognized disability? (Used for State reporting information) Yes r: No 399 Michael E Sexton /313 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 23, 2021 SUBJECT: Planning and Zoning Commission Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the position of "Alternate Member" vacancy on the Planning and Zoning Commission, which term expires in January 2026. The vacancy has been advertised on the County's website in excess of 30 days. The following are the names of qualified applicants for this position: Shuna Carpenter Kenneth A. "Chip" Landers Jordan J. Lulich Robert S. MacCallum Karen Osborne RECOMMENDATION. The County Attorney recommends that the Board review the applicants' applications, and determine whether to appoint one of the applicants to fill the unexpired term for the "Alternate Member" representative to the Planning and Zoning Commission. ATTACHMENTS. Applications 400 Indian River County Boards & Commissions Submit Date: Apr 05, 2021 Profile Shuna Carpenter First Name Middle Initial Last Nam nana06l2us@yahoo.com Email Address 5 Seahorse Lane Street Address Suite or Apt Vero Beach FL 32960 City State Postal Code Mobile: (772) 913-2884 Primary Phone Alternate Phone Mingtian Enterprises Inc _ _ President Employer Job Title Which Boards would you like to apply for? Planning & Zoning Commission: Submitted How long have you been a resident of Indian River County? 16 years Are you a part time resident? Select one, rJ Full Time Please list current employer or businesses. If retired please list any business experience that may be applicable to the committee. Mingtian Enterprises Inc Please list any licenses you presently hold: None Please list any organization of which you are currently a member: Defend Florida.org -- non-partisan -- member Chinese American Patriots.org -- non-partisan - founder Please list any other committees or boards you currently sit on: Precinct Committee in REC -- Chair Appeal Committee in Vista Harbor Condominium Assoc -- member 401 Shuna Carpenter Interests & Experiences Why are you interested in serving on a board or commission? shuna carpenter resume.doc Upload a Resume Select one of the following None Selected Demographics Political Party r Republican Date of Birth Race (Used for State Reporting) W Asian -American Gender* W Female Do you have a government recognized disability? (Used for State reporting information) Yes r• No 402 Shuna Carpenter Indian River County Boards & Commissions Submit Date: Nov 02, 2021 Profile Kenneth "Chip" Lander First Name Middle Initial Last Name chip@chiplanders.com Email Address Berkshire Hathaway Florida Realty 3377 Ocean Drive Street Address Suite or Apt Vero Beach FL 32963 City State Postal Code Mobile: (772) 473-7888 Primary Phone Alternate Phone Berkshire Hathaway Florida Realty Broker -Associate Employer Job Title Which Boards would you like to apply for? Planning & Zoning Commission: Submitted How long have you been a resident of Indian River County? 50 years Are you a full-time or part-time resident? Select one. W Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. Berkshire Hathaway Florida Realty (formerly Norris and Compay) Please list any licenses you presently hold: Florida Real Estate Please list any organization of which you are currently a member: TCBA - Treasure Coast Builders Association RAIRC - Real Estate Association of Indian River County Please list any other committees or boards you currently sit on: Interests & Experiences Kenneth "Chip" Landers 403 Why are you interested in serving on a board or commission? To provide my experience in real estate and build to assist the public and provide a balanced viewpoint regarding possible development and rezonings. To assist lower income buyers obtain the american dream of owning their own home. Resume - Kenneth Chip Landers.pdf Upload a Resume Demographics Political Party r Republican 05/20/1963 Date of Birth Race (Used for State Reporting)' 17 Caucasian Gender* W Male Do you have a government recognized disability? (Used for State reporting information) r Yes r• No 404 Kenneth "Chip" Landers Indian River County Boards & Commissions Profile Jordan First Name jordan@lulich.com Email Address 1069 Main Street Street Address Sebastian City Home: (772) 321-2723 Primary Pi one . Lulich & Attorneys Employer J Lulich N10de Initial Last Name ANemate Phone Real Estate Attorngy Job Title Which Boards would you like to apply for? Planning & Zoning Commission: Submitted Suite or Apt FL State 32958 Postal Code Submit Date: Jun 28, 2021 How long have you been a resident of Indian River County? 25 years Are you a full-time or part-time resident? Select one. 11 Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. Real Estate Attorney & Managing Partner of Lulich & Attorneys Please list any licenses you presently hold: Florida Real Estate Sales Associate License Florida Real Estate Instructor License Florida Bar Association Member, Lawyer Please list any organization of which you are currently a member: Sebastian Chamber of Commerce, Member Indian River Chamber of Commerce, Member Indian River Charter High School, Board Member Please list any other committees or boards you currently sit on: N/A 405 Jordan J Lulich Interests & Experiences Why are you interested in serving on a board or commission? My main practice area is Real Estate Law, and I enjoy rea estate because it's one of the deepest rooted constitutional rights in the United States. Additionally, Rea Estate is unique compared with other areas of the law in that it's not just a concept, but rather something tangible, something that one can touch, something that is movable. I take great satisfaction assisting our real estate clients with their transactions, disputes, and issues, and I would like to be more involved in the community and have more of a voice by serving on the commission of planning and zoning. Summer 2021 Resume.Rdf Upload a Resume Demographics Political Party r Republican 10/18/1994 Date of Birth Race (Used for State Reporting) W Caucasian Gender* W Male Do you have a government recognized disability? (Used for State reporting information) r Yes No 406 Jordan J Lulich Indian River County Boards & Commissions Profile Robert S MacCallum First Name Middle Initial Last Name rsm1725@« gmail.com Email Address 2100 Vero Beach Ave Street Address Suite or Apt Vero Beach FL 32960 City State Postal Code Mobile: (781) 888-4446 PrimaryPhone Alternate Phone Self-employed EXIT Right Realty Broker/Owner and Agency and The MacCallum Group INC Principal (insurance) Employer Jco Title Which Boards would you like to apply for? Planning & Zoning Commission: Submitted How long have you been a resident of Indian River County? Are you a full-time or part-time resident? Select one. W Full Time Submit Date: Nov 22, 2021 Please list current employer or businesses. if retired, please list any business experience that may be applicable to the committee. EXIT Right Realty, Broker/Owner. Plan, develop and support our 40 + agents in Real Estate matters. Effectively problem solve situations and negotiate fair terms for all parties involved. Hold my self and our agents to a high standard of professionalism and integrity. Being an owner in an international company allows me access to information and industry predictions from people who have over 40+ years in the industry and have contacts and connections with the highest levels of Fannie+ and Freddie. Having a business mind and business background provides me a unique set of skills that would be beneficial to a board such as this. But most beneficial is that my wife and I bath love Vero and Indian River County and just want to see the area flourish. The MacCallum Group Insurance, Oversee the "big picture" for our Massachusetts based company. Assist my appointed manage- and business partner with the day to day operations and the monthly, quarterly and year business planning. Please list any licenses you presently hold: Brokers license - Florida Real Estate Commission P+C insurance - Massachusetts and Florida 407 Robert S MacCallum Please list any organization of which you are currently a member: Sunrise Rotary Club of Vero Beach Business Networking International Vero Beach Planning committee craft brew and wing festival Please list any other committees or boards you currently sit on: None Interests & Experiences Why are you interested in serving on a board or commission? It is a good way to get involved and have a say or knowledge of what the future holds for IRC. Upload a Resume Demographics Political Party W Republican 01/30/1985 Date of 8trth Race (Used for State Reporting) Pr Caucasian Do you have a government recognized disability? (Used for State reporting information) r Yes r• No 408 Robert S MacCallum Indian River County Boards & Commissions Profile Karen First Narre sailorgirl49@hotmail.com Email Address 235 Street Address Vero Beach c y Mobile: (502) 552-9527 Primary Phare Retired Employer Osborne Middle Initial Last Name Grand Royale Cir #201 Suite or Apt FL 32962 State Postal Code Alternate Phone Job Title Which Boards would you like to apply for? Planning & Zoning Commission: Submitted Submit Date: Nov 09, 2021 How long have you been a resident of Indian River County? 5 years. Property owners for 9. Are you a full-time or part-time resident? Select one. Pr Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. Real estate sales and licensed real estate appraiser in FL and KY Please list any licenses you presently hold: None ... drivers license O Please list any organization of which you are currently a member: Republican Executive Committee Republican Club of Indian Rider Please list any other committees or boards you currently sit on: Volunteer with Literacy Services of IRC 409 Karen Osborne Interests & Experiences Why are you interested in serving on a board or commission? I love IRC and would like to see it maintain its quality of life. Resume - Karen Osborne.pdf UCfcad a Resume Demographics Political Party R Republican 09/26/1956 Date of Birth Race (Used for State Reporting) 17 Caucasian Do you have a government recognized disability? (Used for State reporting information) c- Yes r No 410 Karen Osborne `3e— MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: December 1, 2021 SUBJECT: Sebastian River Improvement District 82nd Avenue Interlocal Agreement FUNDING. On September 21, 2021, the Indian River County Board of County Commissioners ("Board") discussed the maintenance of 82nd Avenue, a right-of-way owned by the Sebastian River Improvement District ("SRID"). After Board discussions and public input, the Board directed staff to reach out to SRID to offer a possible solution to address the condition of 82nd Avenue. The offer, in the form of an Interlocal Agreement, was for SRID to dedicate the right-of-way necessary for 82nd Avenue from 26th Street to 69th Street to the County and in return the County would take over operation and maintenance of the roadway. A second option was for the County to provide 30 loads of asphalt millings to SRID so that SRID could perform maintenance of 82nd Avenue from the entrance of the Blue Goose Mine to 69th Street. A letter outlining this position was provided to SRID on September 24, 2021. On November 4, 2021, SRID sent a revised interlocal agreement back to the County. Although County staff was disappointed by several changes proposed by SRID, the key issue that concerned staff was that the interlocal agreement is drafted in a way that makes it less of an agreement between SRID and the County and more of an agreement between the County and the property owners along 82nd Avenue. Since then, County staff worked with SRID's counsel to address this issue. The proposed interlocal agreement now assures the County that the reconstruction of 82nd Avenue from the entrance to the Blue Goose Mine to 69th Street by way of a SDID issued permit, a copy of which will be provided to the County. And the County will deliver the 33 loads of asphalt millings material to the SRID permit holder. On December 1, 2021, the SRID Board authorized this proposed interlocal agreement to be presented to the County. 411 Board of County Commissioners December 1, 2021 Page 2 FUNDING. Funding of $11,880.00 is available in the Public Works Road and Bridge Division budget 11121441- 035390 - Other Roadway Materials/Supplies. RECOMMENDATION. The County Attorney recommends that the Board approve the revised interlocal agreement and authorize the chair to execute the interlocal agreement and all other documents necessary to effectuate the agreement. ATTACHMENT. Proposed Interlocal Agreement 412 Sebastian River Improvement DistrictIndian River County 82nd Avenue Interlocal Agreement This Interlocal Agreement (the "Interlocal Agreement") is entered into as of this _ day of , 2021, between Indian River County, a political subdivision of the State of Florida (the "County"), and the Sebastian River Improvement District, an independent special district and political subdivision of the State of Florida (the "District"). Whereas, 82nd Avenue is located within a District drainage right-of-way, constitutes a canal maintenance roadway for the District, and is not maintained by the District as a public roadway, but the District has allowed vehicular use of such roadway by the public in its "as is," "where is," and "with all faults" condition at the sole discretion and assumed risk of roadway users; and Whereas, County has received complaints concerning 82nd Avenue travel surface conditions; and Whereas, County is willing to assist the District in facilitating reconstruction of the roadway by providing asphalt millings to be used to reconstruct the travel surface of 82nd Avenue (the "Reconstruction Project"); and Whereas, County and District agree that following completion of the Reconstruction Project, the County may, but shall not be required, to maintain the travel surface of 82nd Avenue from 26th Street and 69th Street, and to assist the District by mowing the shoulders of the roadway on a periodic basis and maintaining the traffic roadway signage. NOW THEREFORE, in consideration of the foregoing and the mutual benefits, undertakings and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Adoption of "Whereas" Clauses. The foregoing "Whereas" clauses are true and correct and are incorporated herein. Section 2. Asphalt Millings. County may deliver to the Reconstruction Project at a mutually agreeable time and location up to 33 loads (16-cy each load) of asphalt millings material to be used for the one-time reconstruction of 82nd Avenue. Section 3. 82nd Avenue Reconstruction and Maintenance. District will assure that the asphalt millings materials are used for reconstructing 82nd Avenue from the entrance of the Blue Goose Mine to 69th Street by providing a copy of the District permit issued for Reconstruction Project to the County. The District shall also issue a letter to the County requesting that the asphalt millings material be delivered to the permit holder for the Reconstruction Project. Upon completion of the Reconstruction Project, and so long as this Interlocal Agreement remains in 413 effect, County may, but shall not be required to, maintain the travel surface of 82"d Avenue from 26th Street to 69th Street. Section 4. Mowing Shoulders of and Maintaining Traffic Signage on 82nd Avenue. So long as this Interlocal Agreement remains in effect, County may, but shall not be required to, mow the shoulders of 82nd Avenue on a periodic basis and for maintaining the traffic roadway signage necessary for the operation of 82nd Avenue in the same manner as for other similarly situated County rights-of-way. Section 5. Indemnification. Solely +o the extent permitted by law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28, each party, as a political subdivision of the State of Florida under Florida Statutes, Section 768.28, agrees to fully defend, identify, protect, and hold harmless the other party, its agents, officials, and employees from any actions, claims or demands which anyone (individual or corporation) may hereafter bring or assert on account of any damages or claims of any type whatsoever which may arise from this Agreement including, but not limited to, claims for contribution, indemnification, subrogation or for pro rata share of responsibility pursuant to the Tort Reform and Insurance Act of 1986 and subsequent amendments including all attorneys' fees, interest, and costs of any kind (not limited to taxable costs) associated with said lawsuits or claims and expressly agrees to pay all costs and attorneys' fees incurred in defending said lawsuits or claims and any resulting awards or judgments in full arising out of said lawsuits of claims, including interest thereon. Section 6. No Third -Party Beneficiary. Except as otherwise expressly provided herein, this Agreement is solely for the benefit of the named parties, and no enforceable right or cause of actions shall accrue hereunder to of for the benefit of any entity of individual not a named party hereto. Section 7. Notices. Any notice required hereunder shall be in writing and shall be delivered by personal delivery, courier, express or overnight mail, or certified mails, return receipt requested, addressed to the appropriate party as follows: If to County: Public Works Director Indian River County 10801 27th Street Vero Beach, Florida 32960 If to District: District Manager Sebastian River Improvement District c/o Special District Services, Inc. 2501A Burns Road Palm Beach Gardens, Florida 33410 414 Section 8. Filing, Effective Date. This Agreement shall be filed with the Clerk of the Circuit Court of Indian River County, Florida, for recording in the public records of the County, and shall be effective as of the date of such filing. above. Attest: IN WITNESS THEREOF, the parties have set their hands and seals as of the date entered INDIAN RIVER COUNTY By: Clerk Chair, Board of County Commissioners Attest: SEBASTIAN RIVER IMPROVEMENT DISTRICT By: Secretary Chair, Board of Supervisors 415 /3D MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 23, 2021 SUBJECT: Environmental Control Hearing Board Committee Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the vacant position of "Medical Doctor" on the Environmental Control Hearing Board, which term expires in January 2023. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. Per Chapter 85-427 Laws of Florida, Section 9(1)(b) "One member shall be a medical doctor, recommended to the Board by the County Medical Society." The following is the name of the qualified applicant recommended by the Indian River County Medical Society for this position: Norman Meyer, M.D. RECOMMENDATION. The County Attorney recommends that the Board accept the recommendation of the Indian River County Medical Society and appoint the applicant to fill the unexpired term ending in January 2023 for the "Medical Doctor" representative to the Environmental Control Hearing Board. ATTACHMENT Letter from Indian River County Medical Society 416 t fr kPA INDIAN RIVER COUNTY 11 MEDICAL SOCIETY ESTABLISHED IN 1947 Celebrating 75 Years of Service Dylan Reingold County Attorney 1801271h St. Vero Beach, FL 32960-3365 Dear Attorney Reingold: NOV 19 2021 co-_: ,DRNEY'S r November 15, 2021 As Executive Director of the Indian River County Medical Society (IRCMS), I am honored to nominate Norman Meyer, M. D. as a replacement for Dr. Phillip Glade to serve on the Environmental Control Hearing Board. Contact information for Dr. Meyer follows. Norman Meyer, M.D. - 107 Wood Stork Way Sebastian, FL 32958 772-538-7658 Nm2101@yahoo.com Sincerely, I a4 Charles "Robi" Robinson, Ed.D. For the IRCMS Indian River County Medical Society • P. O. Box 373 Vero Beach, Fl 32961.0373 Phone: 772.562.0123 • Fax: 772.563.99 • e-maB: ircdocs@} ellsouth net • www1rcros.ora Arley Peter, MD Diego Maldonado, MD Daniella Shapiro, Mil Erin Forest, MD Laurie Welton, DO Charles (Robi) Robinson President Vice President Secretary Treasnrer immediate Past President EcecutiveDirector 417 13)� MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 23, 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. 418 f Igr MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 23, 2021 SUBJECT: Right of Way Ordinance Amendment On January 27, 2020, a permit was issued for construction of a single-family residence located at 755 Reef Road. The initial site plan submitted with the single-family residence permit showed a concrete driveway. On February 4, 2021 an as -built survey was submitted for a permit conformance review on which a rock driveway was shown. A field verification inspection was performed and the construction of the driveway was found to be in non-conformance with the approved permit. County staff determined that if the permit application had been submitted with the rock driveway shown, the permit would not have been issued. Section 312.08(2)(A) of the Indian River County Code of Ordinances ("Code") requires "[t]hat portion of any driveway constructed within the county right-of-way shall be constructed as shown in section 312.19 Figures 2 and 3". Figure 2 calls for a concrete driveway and Figure 3 calls for an asphalt driveway. Based on the language and figures in Chapter 312 of the Code, the Public Works Director rejected the request to allow the non -approved driveway material to remain in the County right-of-way. The decision was appealed to the County Administrator, per section 100.06 of the Code. The County Administrator found that the newly constructed driveway did not comport to the plain language of Section 312.08(2)(A) and Section 312.19 Figures 2 and 3 of the Code and thus upheld the decision. However, the County Administrator did recognize that the driveway construction method is part of the unique character of the surrounding neighborhood and maintains some of the architectural appeal of this community. Thus, although denying the appeal, the County Administrator supported an amendment to Chapter 312 of the Code to allow this type of driveway construction in the right of way under the following circumstances. • The single family lot had a previous residence with a loose pebble driveway. The new driveway is constructed in a manner similar in character to the original driveway. • Numerous other homes in the same development have loose pebble driveways, which contributes to the unique architectural characteristics of the neighborhood. • The driveway is constructed in a County right-of-way that is located on a low traffic, low speed (30 MPH or less), local roadway as opposed to a higher speed arterial or collector roadway. 419 Board of County Commissioners November 23, 2021 Page 2 • The driveway includes a 12 -inch concrete ribbon curb apron to provide limited edge protection for the asphalt roadway. Thus, the County Attorney recommends that the Indian River County Board of County Commissioners authorize the County Attorney's Office to draft an ordinance that creates an exception from the requirements of Chapter 312 of the Code for driveway construction in these situations and other appropriate situations County -wide. FUNDING. The only costs for this matter would be the advertising costs for the public hearings. RECOMMENDATION. The County Attorney recommends that the Indian River County Board of County Commissioners authorize the County Attorney's Office to draft an ordinance that allows for an exception from the requirements of Chapter 312 of the Code for driveway construction in appropriate situations County -wide and schedule such ordinance for public hearing. The County Attorney's Office also recommends that the Board invoke the pending ordinance doctrine. 420 George A. Glenn, Sr. George A. Glenn, Jr. Law Offices of Glenn &Glenn 2165 15th Avenue, Vero Beach, FL 32960 P.O. Box 8, Vero Beach, FL 32961 Email: george.glennggglennlaw.com Email: g lg ennjrggglennlaw.com November 9, 2021 Jason Brown, County Administrator Indian River County Administration Bldg. 180127' Street Vero Beach, FL 32960 Re: David and Nancy Herbert 755 Reef Road, Vero Beach, FL 32963 Permit No. 2019100490/ Appeal of Public Works Director Determination of Non -Compliance. Dear Jason, Tel.(772) 569-0442 Fax (772) 567-5097 Please treat this letter as an appeal of the decision of Richard Szpyrka, Public Works Director, to deny signing off the final permit on a newly constructed residence located on 755 Reef Road, Vero Beach, FL, 32963. The applicants, David and Nancy Herbert, constructed a new residence on an existing single-family lot that had previously been the location of a single-family residence that was torn down. A driveway remained on the lot following the tear down. When the site plan was submitted, the engineer checked off the box indicating a concrete type drive when in fact the applicant had sought to use —5" stabilized grade base (coquina rock) and 1"-1.5" of #89 stone. The stone is dense enough so rainwater does not erode it but porous enough to allow water not to run onto the road. It was an error that the construction site plan showed a concrete type drive, but the applicant believes that such error should not be fatal when the code permits the type of driveway material utilized. In the final letter determining non-compliance, Mr. Szpyrka noted that IRC Code §312.08(2)(A) sets forth the requirements of a driveway constructed in county right -of - 421 way and that the portion of any driveway constructed within the county right-of-way shall be constructed as shown in "section 312.19 Figures 2 and 3." The applicant does not deny the plain language of those code sections as applying to new construction but argues that the modification of an existing driveway of an established single-family lot does not fall under the purview of Figures 2 and 3. Rather, it is Figure 4, Replacement of Asphalt Pavement for Permitted Pavement Cut that should apply. 755 Reef Road is an existing lot with driveway system. The driveway (as verified by IRC Property Appraiser pictures) shows a loose pebble driveway. Figure 4 notes that the replacement of flexible pavement for permitted pavement cut specifically states under General Notes that "base and backfill materials shall be either of the same type and compensation as the materials removed, or of equal or greater structural adequacy." We believe this interpretation is correct based upon other code sections found in §312. For example, §312.06. Prohibited Activity, states that it should be unlawful for any person to "[C]onstruct, alter, arrange for, authorize, or participate in any construction or placement of fill, pavement, driveway... in... right-of-way without first obtaining a valid right-of-way permit." The concept of "constructing" a driveway within a right-of-way is different than the placement of fill or material within an already existing driveway system. The previous driveway that had a pebble -based surface eventually turned to mostly dirt. The applicant has expended significant funds to replace an existing dirt driveway with a new, high quality stone driveway that exceeds all desired outcomes. It not only prevents water from running onto the roadway where it pools (which means more water can remain on the lot where it can percolate into the ground), it is dense enough so that the material stays on the driveway itself (Please note the attached photos supporting this position). There is also a 12" deep driveway apron concrete ribbon curb that also prevents the stone from entering onto the roadway. This new driveway exceeds in every way the materials that were on the existing driveway. The applicant requests that you find the driveway material complies with County regulations and direct the Public Works Director to sign off on the final permit. I appreciate your attention to this matter. 422 Sincerely yours, LAW OFFICES OF GLENN & GLENN By:/s/ George A. Glenn, Jr. George A. Glenn, Jr. Esquire GGjr:ss cc. Deputy County Attorney Bill DeBraal Public Works Director Rich Szpyrka Enc. 423 BOARD OF COUNTY COMMISSIONERS November 23, 2021 La* Offices of Glenn & Glenn George A. Glenn, Jr., Esquire P. O. Box 8 Vero Beach, FL 32961 RL: 755 Reef Road, Vero Beach, FL 32963 Permit No. 2019100490 Mr. Glenn, In accordance with Section 100.06 of the Indian River County Code of Ordinances, please find my response to your letter, dated November 9, 2021, appealing the decision of the Public Works Director regarding the driveway constructed at 755 Reef Road, Vero Beach, FL 32963. My findings and determination are as follows: Based upon the documents that I have reviewed; a single-family home was previously located on this lot. This home was demolished and a new home was constructed recently. Based upon a review of the Property Appraiser's records, the prior home had a loose pebble driveway. This type of driveway construction is common within the subdivision (Floralton Beach). Numerous other homes in this neighborhood have loose pebble driveway systems, many of which were constructed prior to the adoption of Section 312.08 in 1991. This driveway construction method is part of the unique character of the surrounding neighborhood and is a component of the architectural appeal of this community. I find that the newly constructed driveway does not comport with the plain language of Section 312.08(2)(A) and Section 312.19, Figures 2 and 3 as acknowledged in your letter. Therefore, Public Works staff was correct in their determination and I must deny the appeal. However, staff would support a revision to the Code that would allow for exemptions to the requirement for a concrete or asphalt driveway under certain circumstances and appropriate situations. Staff plans to present an item regarding changes to the relevant sections of the Indian River County Code to the Indian River County Board of County Commissioners for their consideration at the next Board meeting scheduled for December 7`'. The proposed amendment would allow for exemptions to the requirement in certain conditions similar to this location, as follows: A single-family lot that had a previous residence with a loose pebble driveway where the new driveway is constructed in a manner similar in character to the original driveway. Numerous other homes in the same subdivision have loose pebble driveways, which contributes to the unique architectural characteristics of the neighborhood. The driveway is constructed in a County Right-of-way that is located on a low traffic, low speed (30 MPH or less), local roadway as opposed to a higher speed arterial or collector roadway. 424 • The driveway includes a 12 -inch concrete ribbon curb to provide limited edge protection for the asphalt roadway. In accordance with Section 100.06 of the Indian River Code of Ordinances, decisions of a County Officer may be appealed to the Board within ten (10) working days of the date of this decision. However, given that the Board does not meet until December 7h, I will extend the deadline until Tuesday, December 14a`. If you have any questions or would like to discuss this further, please let me know. Sinc Iy, 1 Jaso E. rown Co Administrator JEB:ssv cc: County Attorney Dylan Reingold, Public Works Director Richard B. Szpyrka 425 /3e Office Of Attorney's Matters 12/07/2021 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners ATTORNEY THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: November 23, 2021 SUBJECT: Unconditional Offer for a Parcel of Right -Of -Way Located at 795066 th Avenue, Vero Beach, FL 32967 Parcel 128 Owned by Leonard Ganbin III and Kelly L. Jackson Leonard Ganbin III and Kelly L. Jackson own a 2 -acre parcel of property located at 7950 66th Avenue. The property is located on the east side of 66th Avenue between 77th and 81 st Street. This site is rectangular in shape with 378 feet of frontage along 66th Avenue and is 230 feet deep. The property is located outside the urban service boundary and is zoned A-1, Agricultural, up to one unit per five acres. The property is improved with a 2 -bedroom, 2 -bath, single family home built in 1964. The house has an attached carport and two metal sheds but these structures are not within the area needed for right-of-way. The front yard has chain link fencing, trees and landscaping that are within the area of take. The owners recently purchased tris property back in October 2021 for $260,000 and were aware that the County needed to acquire right-of-way from the parcel. In order to accommodate the planned improvements to 66th Avenue, the County needs to acquire approximately 0.08 acres from Ganbin/Jackson to be used for right-of-way. A copy of the sketch of the parent parcel, the part to be taken, and remainder are attached to this memorandum. A recent appraisal establishes the value of the partial taking to be $6,800.00 which equates to a value of $85,000/acre. A copy of the appraisal is available for review at the Board of County Commissioners' office. While staff has been negotiating with Ganbin/Jackson and their attorney, Mickey Barkett, 10 the Board is required to make an unconditional offer to Ganbin/Jackson and provide them with a copy of the appraisal on which it is based. In the past, the Board has extended an offer of the appraised value plus 15% in order to defray possible attorney's fees. In this case the appraised value of $6,800.00 plus 15% would equal $7,820.00. Recent offers to properties along 66th Avenue include the following: Ken Chestnut property acquisition at 6900 65th Street, Parcel 303: • appraisal report established fair market value at $29,500 • 0.38 acre take from a 10 -acre parcel • Board offered incentive amount of $47,000 and permitted second driveway (59.3% above appraised value) or $123,684/acre Johnny and Jackie Dent acquisition at 6855 69th Street, Parcel 313 • appraisal report found fair market value to be $20,700 • 0.53 acre take from a 10 -acre parcel • Board offered $40,000 for the right-of-way (93.2% above appraised value) or $75,472/acre Recent settlements on 66th Avenue include the following: Marvin and Marsha Kinchen, 7615 66th Avenue, Parcel 124A, October, 2020: • appraisal report established fair market value at $12,000 • 0.16 acre take from a 0.84 -acre parcel • Board approved settlement amount of $27,000 and (125% above appraised value) or $168,750/acre Jeta Ranch, LLC, 66th Avenue, between 77th and 81St Streets, Parcel 129 April, 2021 • appraisal report established fair market value at $2,500 • 0.053 acre take from a 11.27 -acre parcel • Board approved settlement amount of $15,000 inclusive of all expert costs and attorney's fees (500% above appraised value) or $283,018/acre After review of the file and discussion with staff, it is recommended that the Board approve an unconditional offer to Ganbin/Jackson in the amount of $12,000, exclusive of attorney's fees and costs. Funding: Funding in the amount of $12,000 for the acquisition is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave/69th Street — 85th Street, Account # 10215141-066120-16009. 427 Recommendation: Staff recommends the Board approve an unconditional offer to purchase the necessary right-of-way fron, Ganbin/Jackson at a price of $12,000. Attachments: Sketch and Legal Description & Aerial Photo 428 N W >3> E 0, tw �xA�cscai� al Ell r W W I 1w 2 W CID f E� If to N 1 �mz vim usm w. oil LARAL 14E1 " AT AL W TOWNSHIP 31 soUTN _ TOWNSHIP 32 SOV iH 77th STREET VQ r T. ACRES 31,V, :o 371p.. MAW ORB 2997, PG 23t8 W jl SECTKN 3,2; TOVrNSH1P 31 3i SOUTH,- RANGE 39. EAST i 3539 as 1 LATERAL %4E t -ANAL SOUTH LIFE OF' 793E NW 1,14.OF THE :SW 1/4 NQR*M UNE QF 713E ZoIITH 418.78' OF THE ,NW 1/4 OF THE SW 1/44 _ . - UNE .ONE I -LENGTH I BEAR( G 2$.00 9`2 OV i 2 . . , 35:54 - 4936-E CURVE TABLE' CURVE.LENGTH RADIUS CHORD BEARING DELTA CT - 213:28 22920.00 213:23 S10'O ffrW 0411'06' g1 C : LEGE) SECTLON UNE -- — EASEMENT UNEREVNOR LINE ARL -- PROPERTY ONE PRQpOSEP RIGHT OF WAY .128 774_cwtffq dor a 1.9d d *o trw and A*.t h ti"M ww mads =dx my.a paridon wd that 1=11 RAhCEt mid sketch M.0, th.-stmdwdt ef'pmetp R,arElT OF WAY UNE Oi d 0 Protea al j Srr�+}ws o(�?. ysvaw h. G P.IIC. P lgaa P NT OF COMMENCEMENT POINT OF BENINE thatrorenq i mq dots ,y,, zwc af�ykpededyi t+iw�, Sty66et to pots 11 R40A OF WE4 SGB PAOCIAL RECO. 05 -BOOK �7- (r.t� FOO7 FLORIDA gEPy4RT�lENT {IF �P�RFa�,oN L kms ga �aik.No Aq g-ar SECT. ATION ---- ".�1117 PAIGEt 428' 't OF 2 G n .w sml:s sxc s r ma wro euoi n y,ao rno ¢rr Na INDAN Mek c-OUNl''1l, kofflbA veymiom �mcr<-r-xaucc9u 429 LEGAL DESCRIPTION RIGHT OF WAY PA. RCEL ALL THAT. CERTAIN PIECE, PAF>CEL. OR TRACT OF LAND SITUATE, L`NG ANQ BEING A PORTION 1JF SECTION 32, TOWNSHIP 31 S ,UTH, RANGE 39 EAST, INDIAN. RIVER COUNTY, FLORIDA; SAID LANDS :BEING MORE -PARTICULARLY DESCRIBED AS FOLLOWS, TO 1KIT; COMMENCING FOR :REFERENCE AT THE SOUTHWEST CORNER OF $AID SECTION 32; THENCE,:SEARING NOZTFI 0032'54' -EAST, ALONG THE WEST UNE OF SM St=CTION 32, A QISTANCE OF 1,599.59 FEET TO A POINT; THENCE _ LEAVING SAID WEST UNE, BEARING SOUTH 89'27'06" EAST,. d DIST4NCE OF ,2&00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF $:6THAVENUE AND THE POINT AND RLACE.:OF BEGINNING OF THE HEREIN AND PARCEL; THENCE> ... RING NORTH, 00'32'54' EAST, ALONG SAID EAST _ RIGF,IT OF Y .LINE, - DCSTANCE OF 210.02 FEET TO A POINT; RING SOUTI+ $9 36� SEAS- T. p ANJi E OFT OF W35.54AY NFEETETO A POINT; ,50 POINT 138MOr THE BEGINNING OF A NON TANGENT CURVE CONCAVE EA&-TERLY, HAVING A'RADIUS OF 2,920.QO FEET, A CENTRAL -_ANGLE OF 04'11`06', A CHORD LENGTH OF 213.23 ETEA FE.BRIN,G SOUTH. 1;Y08 * YitEST; THENCE, SOUTHERL-.Y ALONG THE ARO OF SAID CARVE, A DISTANCE; OF2138 FEE, TO 'ME P01NT ()F :BEGINNING. TIJE ABOVE DESCRIBER! PREMISES CONTAIN AN AREA, OF 3,456 SQUARE FEET OR O --,Q& ACRES, MORE OR .LESS. SUBJECT TO ALL EASEMENTS �:9T`IDI'lTW5 AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE SURVEYORS NOTES I1 THIS IS A SKETCH OF LEGAL. DESCRIPTION ONLY, NOT A BOVNPARY RETRACEMENT SURVEY. 2) THE BEARING,BASE 1 -OR 7HI$, SURVEY. IS THE WEST LINE ,OF $150 MON 32. SAID `LINE. BEARSNORTH 0012'.54` EAS11: 3j iR SCALE OF THE%- DRAWING MAY HAVE BEEN. DISTORTED OiJ'RfNG REF`RODUG= bN 'PROCESSES; 4) TTHI�S� LEGAL RESCRIPTION ,AND SKETCH IS BASE ON THE, PRELIMINARY RIGHT OF WAY MA___ M -A 66TH AVENUE PREPARED BY BUIRDETTE AND A$S0tIATI_,4, IDAj 10--10-06„ AS DIRECTED BY INDIAN RkVER GQUNTY; FLORIDA °"'� LEGALDESCRIMON AND S*_70- 1..OF °�n,� e. Qm. 7;gvv7 PARCEL i2$ 2 OF 2 101* x� INDIAN f. IVER CMm-, PLO AlbA. - Indian River County, FL Overview Parcel ID 31393200000500000009.0 Prop 1) 39567 Owner WIH IAMSAJDREY Sec/Twp/Rng 32-31-39 Class 0100 -Single Family - Address N (L=) Property 795066TH AV Improved 795066TH AVE Address V/ERO BEACH Acreage 2 VERO BEACH, FL 32967 District 1- NORTH COUNTY W/SEB INLET Brief Tax Description E230FTOFW255FTOFN378.78FTOFS478.78FTOFNWV4OFSW1/4 (Note: Not to be used on.egal documents) Date created: 11/17/2021 Last Data Upload:d:11/17/20218:07.45 AM Developed by4�Schneider GEOSPATIAL Legend ❑ Parcels Street Centerlines Subdivisions Municipal Boundaries 2 IRC -Private -Schon Government Facilities FEDERAL GOVERNMENT COUNTY GOVERNMENT n LOCAL GOVERNMENT SCHOOL ffd HOSPITAL FIRE STATION • LAW ENFORCEMENT STATE PARK COUNTY PARK CITY PARK C BOATRAMP • CANOELAUNCH • CANOE LANDING Golf Courses Water Las_2Sales Dat= Price Instr Qual Type 1/3--/2017 $100 Quit U Claim 8/L 1978 $30000 n/a U PIa- Bock Link 431 SWDD Item 16-6 ;Z, Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 23, 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: Consent to Assignment of Landfill Gas Agreement with Nopetro Eco District, LLC Descriptions and Conditions: On February S, 2019, the Indian River County (IPC) Solid Waste Disposal District (SWDD) Board directed staff to enter negotiations with the Indian River Eco District, LLC (IRED) for their purchase of landfill gas (LFG) created at the County's landfill. The SWDD Board agreed that the landfill -generated gas, which is currently being flared off, posed a potential health and safety risk, and that it could be better used for other purposes rather than flaring. On July 15, 2019, the SWDD Board approved the Landfill Gas Agreement with IRED wherein they purchase the LFG for the production of electricity and/or conversion to Renewable Natural Gas (RNG). On July 14, 2020, the Board approved Amendment No. 1 to the Landfill Gas Agreement confirming IRED's desire to pursue an RNG project and extend the LFG commencement date to September 30, 2021, as well as to increase the landfill gas for a potential leachate project and to reduce the cure period from six months to three months for any further delay in the commencement date. On May 18, 2021, the Board approved Amendment No. 2 to the Landfill Gas Agreement further clarifying the LFG commencement date and amended additional terms of the LFG agreement to include mutual targets to optimize the quantity and quality of the landfill gas to the financial benefit of both parties. On October 12, 2021, a presentation was made to the Board by IRED to introduce Nopetro RNG, LLC, with whom they have formed a joint venture in order to form Nopetro Eco District, LLC, which will design, finance, build and operate the RNG facility on the IRED property. As a result, IRED has made a request for a consent to assignment of the LFG Agreement to this new joint venture. Analysis: The Landfill Gas Agreement included Article 17.11, which is a provision to allow assignment of the agreement. Staff supports the attached Consent to Assignment and recommends approval by the SWDD Board. 4 SWDD Agenda - Consent to Assignment of Landfill Gas Agreement with Nopetro Eco District LLC Page o 2 SWDD Item Funding: No funding is requested in this agenda item, as this is a potential revenue project. Recommendation: Staff recommends that its Board approve the Consent to Assisgnemnt of the Landfill Gas Agreement from the Indian River Eco District, LLC, to Nopetro Eco District, LLC, and authorize the Chair to execute the same. Attachment: 1) Consent to Assignment of the Landfill Gas Agreement 4 SWDD Agenda - Consent to Assignment of Landfill Gas Agreement with Nopetro Eco District LLC Page o 2 CONSENT TO ASSIGNMENT THIS CONSENT TO ASSIGNMENT (this "Consent") is made and effective this day of December, 2021 by Indian River County Solid Waste Disposal ("District") in favor of Nopetro Eco District, LLC ("NRED"), a joint venture between indian River Eco District, LLC ("IRED") and Nopetro RNG, LLC ("Nopetro"). IRED and District are parties to that certain Landfill Gas Agreement dated July 16, 2019, which was subsequently amended by the First Amendment to Landfill Gas Agreement, dated July 14, 2020, and by the Second Amendment to Landfill Gas Agreement, dated May 18, 2021 (collectively referred to as the "Agreement"). IRED has advised the District that IRED desires to assign all of its rights and obligations under the Agreement to NRED in accordance with an Assignment and Assumption Agreement pursuant to which NRED will assume all of IRED's rights and obligations under the Agreement. District hereby consents to the assignment by IRED of all of its rights and obligations under the Agreement to NRED. District further agrees that, upon the assumption by NRED of the rights and obligations of IRED under the Agreement, District releases IRED from such rights and obligations. District acknowledges that IRED and Nopetro are relying on this Consent. District has executed this Consent as of the date first set forth above. ATTEST: Jeffrey R. Smith, Clerk of Courts And Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney SOLID WASTE DISPOSAL DISTRICT INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Approved by District: COMPANY: COMPANY: INDIAN RIVER ECO DISTRICT, LLC. Nopetro RNG, LLC. By: _ Name: Title: Dated By: _ Name: Title: Dated 434