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HomeMy WebLinkAbout03/15/2022L0R1 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MARCH 15, 2022 - 9:00 AM Commission Chambers 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 Reingold, 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 Rev. Elizabeth Johnson, Community Church of Vero Beach 3. PLEDGE OF ALLEGIANCE Jason Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Clent Kirkland on His Retirement From Indian River County Board of County Commissioners Department of Public Works / Road & Bridge Division with Thirty -Nine Years of Service Attachments: Proclamation 5.11. Presentation of Proclamation Honoring Gloria Smith on Her Retirement from the Indian River County Clerk of Circuit Court & Comptroller's office with 40 Years of Service Attachments: Proclamation Smith March 15, 2022 Page 1 of 6 5.C. Presentation of Proclamation Recognizing the Week of March 20-26, 2022, as National Surveyors Week Attachments: Proclamation 5.D. Presentation of My Government Online Permitting System by Ken Jenkins, Implementations Manager 5.E. Informational Update Regarding the Lost Tree Islands Conservation Area Restoration/Enhancement Plan Attachments: Staff Report 6. APPROVAL OF MINUTES 6.A. Regular Meeting Minutes of January 18, 2022 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Clerk of Circuit Court and Comptroller Jeffrey R. Smith announces Operation Green Light to be held on Saturday, March 26, 2022 from 10:00 a.m. until 2:00 p.m. at the Courthouse Attachments: Flyer 8. CONSENT AGENDA 8.A. Quarterly OPEB Trust Report for Quarter Ending 12/31/2021 Attachments: Investment Committee OPEB Report 8.B. Quarterly Investment Report for Quarter Ending 12/31/2021 Attachments: Investment Committee Report 8.C. Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education Program Trust Fund Report - Cumulative Reporting Through 12/31/2021 Attachments: Finance Department S-taff Report 8.D. Quarterly Tourist Development Tax Report for Quarter Ending 12/31/2021 Attachments: Tourist Development Tax Report 8.E. D. R. Horton, Inc.'s Request for Final Plat Approval for The Cove at Falcon Trace PD Plat 2 [PD -14-07-06 / 2001050202-90100] Attachments: Staff Report Location Map Final Plat Layout March 15, 2022 Page 2 of 6 8.F. Award of Bid No: 2022026, Jackie Robinson Training Complex Ticket Office Building Renovations, IRC -2020 Attachments: Staff Report Sample Agreement 8.G. Approval of FWC Grant for Indian River County Derelict Vessel Removal Project Attachments: Staff Report FWC Grant Sample Agreement IRC DV Removal Map Grant Form 8.H. Hallstrom Farmstead Conservation Area Public Use Improvements - Amendment No. 1 and 2 to Work Order No. 18 Attachments: Staff Report Amendment #1 agreement #1 Itemized Costs Amendment #2 agreement #2 Itemized Costs 8.I. Award of Bid 2022019 for Hallstrom Farmstead Parking Lot, Trail and Restroom Construction Attachments: Staff Report Sample Agreement 8.1 Designation of Single Source for ESO Scheduling and Personnel Management Software Attachments: Staff Report Notice ESO Quote S.K. Miscellaneous Budget Amendment 005 Attachments: Staff Report 2021 2022 Resolution Exhibit "A" 8.L. First Extension and Amendment to Agreement for Disaster Debris Monitoring Services Attachments: Staff Report First Extension and Amendment March 15, 2022 Page 3 of 6 8.M. Outside Agency Funding Policy Revisions Attachments: Staff Report Proposed Outside Agency Funding Policy Outside Agency Funding Policy May 2017 Strikethrough Version Tourist Development Council Meeting Minutes March 14, 2007 Tourist Development Council Meeting Minutes May 16, 2018 Tourist Development Council Meeting Minutes March 13, 2019 Allocation of One -Half Cent Tourist Tax Revenue BCC Meeting Minutes from February 2, 2021 8.N. Authorization for Out of County Travel to Attend Conferences Attachments: Staff Report Travel 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Public Hearing Scheduled for April 5, 2022 Board Meeting for a County Initiated Request to Amend the Text of the County's Comprehensive Plan (Legislative) Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. American Rescue Plan Act of 2021 - Non -Profit Assistance Grant and Down Payment & Rehabilitation Assistance Program Applications Attachments: Staff Report SHARP Application RENO Application CENO Application Scoring Matrix B. Emergency Services C. General Services D. Human Resources March 15, 2022 Page 4 of 6 E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Community Development Districts Attachments: Staff Report 13.B. Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program Attachments: Staff Report SEFBHN Reinvestment Designation Letter 13.C. Amendments to Section 312.11 (Performance Security) of the Indian River Code of Ordinances Attachments: Staff Report Draft Section 312.11 Amendment Language 13.D. Authorization to proceed with foreclosures on Code enforcement case: 2018020108 (Yates) Attachments: Staff Report Yates order finding violation signed Yates order imposing fine 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.B.1. Approval of Minutes Meeting of December 14, 2021 15.13.2. Approval of Minutes Meeting of January 11, 2022 15.13.3. Approval of Minutes Meeting January 18, 2022 March 15, 2022 Page 5 of 6 15.B.4. Residential Paper Shredding Event on April 9, 2022 Attachments: Staff Report Paper Shredding Event Flyer Contract Memorandum of Understanding with WM 15.B.5. Authorization to Florida Power & Light to Convert Overhead Lines to Underground Lines on the Landfill Property Attachments: Staff Report FPL Invoice Underground Dist.-ibution Facilities Installation Agmt FPL Non -Exclusive Easement and Exhibits FPL Notification of FPL Facilities C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted unde- the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. March 15, 2022 Page 6 of 6 5"A PROCLAMATION HONORING CLENT KIRKLAND ON HIS RETIREMENT FROM THE INDL4NRIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS ROAD & BRIDGE DIVISION WHEREAS, Clent Kirkland retires from the Indian River County Department of Public Works, Road & Bridge Division effective March 31, 2022; and WHEREAS, Clent Kirkland began his career with Indian River County in the Parks Department on November 8, 1982 as a Maintenance Worker. Mr. Kirkland was promoted on August 23, 1985 to a Motor Equipment Operator I and on June 3, 1994 Mr. Kirkland transferred from the Parks Department to Public Works Road & Bridge as a Motor Equipment Operator I. On May 19, 1995 Mr. Kirkland was laterally moved into a Maintenance Worker V. On October 20, 1995 Mr. Kirkland was promoted to a Heavy Equipment Operator I in Road & Bridge and on January 24, 1997 Mr. Kirkland was then promoted to the Foreman position in Road & Bridge. On December 20, 2002 Mr. Kirkland was again promoted to a Road & Bridge Manger. On October 29, 2019 Mr. Kirkland was promoted to the Assistant Superintendent of Road & Bridge, which is the position he served in until his retirement; and WHEREAS, Clent Kirkland has served this County and the Public with distinction and selflessness. He has gained the respect and admiration of his colleagues, co-workers and citizens within the County and his work is greatly appreciated; and WHEREAS, Clent Kirkland's thirty-nine years of dedication serving the citizens of Indian River County and the operational knowledge of the Public Works Road & Bridge Division will be greatly missed! NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OFINDL4NRIVER COUNTY, FLORIDA, that the Board applauds Clent Kirkland's hard work representing the organization on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River Countyfor the last Thirty-nine years! BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 15th" day of March 2022. BOARD OF COUNTY COMMISSIONERS INDL4NRIVER COUNTY, FLORIDA Peter O'Bryan, Chairman 1 Vrodamation HONORING GLORIA SMITH ON HER RETIREMENT FROM THE INDIAN RIVER COUNTY CLERK OF COURT AND COMPTROLLER WITH 40 YEARS OF SERVICE Mereac Gloria Smith will retire from the Indian River County Clerk of Court and Comptroller's Office on March 31, 2022; and VbereaO, Gloria has been continuously employed with the Clerk's Office since February 8, 1982, serving as its bookkeeper for the majority of 40 years and maintaining the integrity of the financial records for the Clerk such that the Office has not had one comment from the External Auditors during that time; and VbMaig, Gloria has served under four Clerks including Jeffrey R. Smith, Jeffrey K. Barton, Mary Louise Scheidt, and Freda Wright during her 40 years of service; and Vberea%, Gloria consistently received many marks of Exceeds Expectations, Very Effective, and Outstanding on her Performance Appraisals during her tenure with the Clerk's Office; and Wberen, Gloria received many letters of praise and compliments from members of the public over the course of her long career; and Ifteren, Gloria was named Employee of the Second Quarter in 2017; and lftreaO, Gloria consistently contributed to the Clerk's Office's mission to help the community through its Good Works program by joining the Clerk's Team for countless community walks and United Way Days of Caring; and Vberea0, Gloria has been praised by Clerk of Court and Comptroller Jeffrey R. Smith, who stated that "Gloria will not only be missed by her coworkers, but also by me. Her hard work and dedication to the Clerk's Office for the last 40 years is greatly appreciated. I wish her a long and happy retirement!" -eoW, Therefore, be it Vrodaimeb by Up 36oarb of QCountp Commimgiouero of lubiau Aiber QCountp, ,110riba that the Board applauds Gloria Smith's efforts on behalf of the Clerk's Office, expresses its sincere appreciation for her devoted service that she has given to Indian River County for the last 40 years, and extends heart-elt wishes for success in her future endeavors, as well as a happy retirement! Adopted this 15th day of March, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, ChaiVan Proclamation RECOGNIZING THE WEEK OF MARCH 2O-26, 2022, AS NATIONAL SURVEYORS WEEK -Whereas, land surveyors are counted among the founding leaders of our country and were instrumental in the layout of property boundaries in the United States, providing our citizens the opportunity to enjoy the American Dream of property ownership; and -Whereas, United States Presidents Washington, Jefferson, Adams, and Lincoln all served as surveyors, contributing to the historical mapping of America i~1 its early years; and -Whereas, the surveying profession requires special education, training, knowledge of mathematics and related physical and applied sciences, and requirements of law for evidence; and -Whereas, surveyors are uniquely qualified and licensed to determine and describe land and water boundaries for the management of natural resources and protection of private and public property rights; and Whereas, continual advancements in instrumentation have required surveyors to not only understand and implement the methods of the past, but also to learn and employ modern technology as changes occur through the years; and -Whereas, the citizens of Indian River County recognize the valuable contributions of the surveying profession to land development and quality of life throughout our county, and make important decisions based on the knowledge and expertise of licensed surveyors and mappers. Wow, Therefore, be it Proclaimed= by the Board- of County Commissioners of Indian River County, Florida, that the week of March 20-26, 2022, is recognized as "National Surveyors Week" in Indian River County, and the Board encourages all citizens to applaud the many contributions and ongoing dedication of surveyors to our community and the United States. Adopted this 15th day of March, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher _aura Moss 3 03/15/2022 m Item 5.D. tillao MY Govern mentOnline CREATED BY GOVERNMENT FOR GOVERNMENT Jurisdiction Software Suite that Includes Permits & Licensing, Solution Center, Planning & Zoning, Public Works, Community Development. Grant & Loans. GPS, Financial and GIS Sctlware Integration and morel wavwniamn rc.rr�..:., .-�.•.�' wm is F','�-. HTVLm�MTrne �u:iry0r:f2t -rkunw... (Printed Brochures Available by Request) South Central Planning & Development Commission X-AiD I MyGovernm2ntOnine Who We Are • South Central Planning & Development Commission (SCPDC) • We are NOT a private company • We are an Economic Development District (EDD) or Council of Government (COG) 03/15/2022 m Item 5.D. nne VG01MLG .1 ...... O...M— SCPDC Today • More than 100 employees across 5 divisions -SCPDC — ..�.. �..n...... South Central 3 Glannin9 Development ComnIn, In IA�I MyGovernmentO...ine About Our Software • Original Project leaders are still with the project. • Software has been in use for over 15 years. • Hundreds of implementations in 20 states. • Created by Government for Government. 2 03/15/2022 m Item 5.D. I��oI MyGovernmentonine Award Winning Software • 3X - International Economic Development Council Program Award • 2X -Amazon "City on a Cloud Innovation Challenge" Winner • 2X - ATT "Technology Innovation Award" Winner amazon City On a Cloud ��MyGovernmentOnGne .........•,...•..I .....,...w... Why is the County moving forward with implementing MyGovernmentOnline software and services? 3 03/15/2022 m Item 5. D. IN'0I.... ver..... tOnline Current Situation • CD Plus (Since 1992) — Computer -Based Permitting Application • Clear Village (Since 2012) — Inspections and Document Management System Adopted What Prompted our Actions? • Software Implementation and Improvement at the Recommer elation of the County's Development Review Committee (May 2018) • 2021 Florida State Statutes Enacted that require Web -Based Permitting and Inspections (HB 667 & HB 1059) • Internal Motivation - Productivity Advantages from Integration of All Departments • We Want to Improve Customer Service AX30IMyGovernmentOniine Notable Milestones • Fall 2020— Executed Interlocal Agreement (IRC contracted with South Central Planning & Development Commission to adopt and implement the MyGovernmentOnline software.) • April 2021- Completed Integration with County's Esri GIS Platform • December 2021- Completed Outlined "Functional Requirements" and List of Custom Features to Meet the County's Strict Requirements • January 2022 — Present - Commenced Formalized System Testing and Process Validation • March 2022 — Formal End -User Training (Commencing This Week) • April 11th —Tentative "Go Live" Date (Customer Portal and Jurisdiction Portal) �- 4 03/15/2022 m Item 5.D. M GovernrrentOnline Proven ResuIts "The response from the building community to the administration has been overwhe mingly positive. They have been very vocal to the Administration that the automatic phone notifications and digital plan review is a huge time and money saver for them as they no longer have to "babysit" their job to find out results." Carey Chauvin East Baton Rouge Assistant Chief Administrative Officer/Director of Development 225-389-3226 5 03/15/2022 m Item 5.13. I��IMyGovernmen •OV�RNneOR GG -1 ne C��11Y00 �Y •OV�OM Vocal Business Owners • Rodney Burgder, Ongrade Construction — "I literally build all over the world and using this system has made my inspection process the easiest I have experienced anywhere." • Joey Yesso, The Wood Doctor — "It's a great system that saves myself a lot of time" • Randy Varusso, Varusso Builders — "All Jurisdictions should use My Permit Now and I will personally make sure every Parish Admi-iistrator I am able to speak to knows that" NSDIM.yGovernm What are Builders and Residents Experiencing to have them Praise the System to Jurisdiction's Administrations? • 24 Hour Customer Portal -- • Mobile Work Orders / Inspections • Digital Plan Review • Automatic Phone Alerts • Automated Work Flow • Customized Reports • Unlimited Support 9 03/15/2022 m Item 5.a. I�IMyGovernmentOnline cwurwx w •wvwwxrwx♦ •ww •wvawxrwxr Customer Portal — Permits & Licensing Apply for Permits Online View status of "Check list" items needed to complete permit process in real time View Inspection Reports View original and revised plans One customer portal account allows you to manage permits, code enforcement issues, addressing and more across multiple jurisdictions! Historical data is stored online indefinitely All features are completely FRES There are no charges for any of the functionality of the customer portal MyGovernmentOnline /1A"=�OI cw •x ■r •avwwxrxwr pow —.1.rcxr 3 7 I�IMyGovernmentOnline Mobile Work Orders/Inspections Complete reports -- directly on the job site. Works without remote internet access. - --- — - New work order alerts are sent in real time via -- text message message and I.A. software.--•- MyGovernmentOnline Digital Plan Review Go green with our completely paperless plan review process to track all revisions. Allow multiple users and departments to review documents simultaneously. Drag and Drop code references and diagram schematics. 03/15/2022 m Item 5.D. 03/15/2022 m Item 5.D. MyGovernfinING'0I ......... I — —.T Automatic Work Flow Resolution — Work Orders are automatically scheduled to the appropriate field staff when the case changes priority. Alerts residents and departments of changes in status and requires information that could be holding up progress. R"W d MbgO.R.w R.*A-- & b-P-cO r MswedorV� <0lvnssr� veTm[Cezegcry anyTmz . vrwrttt M�5<etla,9eau5 Re¢femtnts Pamew Resiertd - Dzputment RYMwt M ueltxiea�x hbmy3ttwrrne htwiryl vadMeer fea DeRzrtnurt RY.rc.s s FMaI Ue51ti:A s Wxsmi 1$ e e Cb5<Prgezt db Q Sne vn r Sage MyGovern mentOnline I ��I 9 03/15/2022 m Item 5.D. I01 MLGovernmentOnline •. .V •.V.wMY.YT •.w ..V..NY.NT Phone, Text and E-mail Alerts • Our system automatically calls phone numbers - providedbythecustomer and reads their inspection - results in a human voice. • Configure automatic alerts and report delivery through - - e-mail, fax and text messaging. I KW MyGovernmentOnline ADI Cw.w T.. •T •.V.wNM.Ni .011 •O V.RMY.MT Customized Reports • Charts, Graphs, Spreadsheets and more! • We create your custom repors at anytime without any additional cost. • Any Report, Any Time at NO Charge! 3- 10 IASOIMyGovernme..-.. ine C11.AT�0 �Y •OY*1IMm ►011 •av11lin FREE Support 1 866 95 PERMIT (3764) Unlimited Support for Constituents & Jurisdictions Our toll free support number is available for all jurisdictional staff and customer portal users. Our friendly, local support staff is eager to help you make the rrost of the software. No problem is too small to contact the support staff. 03/15/2022 m Item 5.D. 1AA30I MyGovern mentOnline . 1u1T►e —........IF*.— ...... I Other Modules PERMITS AND LICENSING This module allows you to do anything you'd normally do in-person at your local permitting office. Apply for permits, pay online, request inspections, submit files, download inspection reports and approved plans, check permit status, download permit data, search for permits, and manage contractor and business licenses. SOLUTION CENTER / CODE ENFORCEMENT Report tall grass, highway damage, and abandoned vehicles. Track the status of the reported problem and resolution by the responsible agency. Call Center / 311 Ability for the public to submit any issue to the jurisdiction through a website or mobEe app. Service requests can be Public Records Requests, or other traditional public work types requests such as road repair. These requests can be routed to a call center or logged directly by the call center over the phone. Additionally, each service request can be configured to route through the call center or route directly to the department respon Able for service. PUBLIC WORKS Custom modules for all divisions that allow for field inspections, asset tracking and many other customized features for things such as septic tracking, waste water, grease interceptors and more. Full Time, Materials and Labor cost tracking. Map based issue creation and reporting. �G INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Parks & Recreation —Conservation Resources / Department of General Services Date: February 28, 2022 To: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator Devin Virwin, Director Parks & Recreation From: Beth Powell, Asst. Director Parks & Conservation Resources Subject: Informational Update Regarding the Lost Tree Islands Conservation Area Restoration/Enhancement Plan DESRIPTIONS AND CONDITIONS The LTICA was purchased in 2003 with funds from the Florida Communities Trust and the County's environmental lands bond referendum with additional funding assistance provided by the City of Vero Beach and the Town of Indian River Shores (2002). The 508 -acre site is located in the Central Indian River Lagoon (IRL) approximately 0.75 miles north of the SR 60 boat launch on the barrier island. The LTICA is the second largest publicly -owned island system that is protected in Indian River County, and includes more than 10 miles of shoreline habitat. The LTICA ecological enhancement project will be the largest lagoon -based enhancement project undertaken by Indian River County providing water quality benefits, habitat for native wildlife species, and opportunities for public passive recreation and environmental education. On October 15, 2019, the Board authorized the Chairman to execute a Cost -Share Agreement with the Indian River Lagoon Council (IRLC) for the purposes of completing the design and engineering plans for the restoration of the three outer islands at Lost Tree Islands Conservation Area (LTICA). Subsequently, on March 10, 2020, the Board approved an Agreement with Carter Associates, Inc. to provide design and engineering services for the project. Since that time, two additional grant applications have been submitted for funding with the Indian River Lagoon National Estuary Program and the Florida Department of Environmental Protection's Coastal Partnership Initiative to further the enhancement and restoration objectives of the site. A public meeting was held on October 27, 2021, at the Indian River County iG Recreation Center where approximately 60 members of the public attended to provide comment and learn more about the efforts to enhance the three large outer islands within the LTICA complex. To date, County staff and the design engineer have completed the draft design and engineering plans for the enhancement of the three outer islands consistent with the IRLC grant funding and 4 engineering agreement. This informational item will provide a presentation and summary of on- site work completed to date, as well as briefly describe the completed design and engineered plans that are proposed for submittal of federal, state, and local permits. APPROVED AGENDA ITEM FOR MARCH 15, 2022 k 03/15/2022 Item S.E. Indian River County is in process of design and permitting for restoration of the Lost Tree Islands Conservation Area (LTK-'A'% The County has been conducting meetings throughout this process o solicit input on the project from stakeholders, regulatory agencies, N ;O's and other environmental organizations. This valuable feedback has been incorporated into the design of this unique project. Our presentation will provide you with background information on the Indian River Lagoon, and the challenges that our commur ity faces in working towards improving Lagoon water quality and corresponding habitats. We will discuss- background on the Lost Tree Islands Conservation Area; specifically information on current restoration planning. We will conclude with t'me for questions and any feedback you would like to provide. 1 03/15/2022 Item 5.E. Indian River County Conservation Lands Program 1992 • $26M Environmental Land Bond Referendum 2004 • $50M 2"d Environmental Land Bond Referendum Expanded to include historically significant sites & easements Indian River County Conservation Lands Program County + Partner Acquisitions = just under 12,000 acres Managed by Indian River permanently protected County = 2,300 acres Managed by other agencies through leases & management agreements = 5,622 acres Conservation Easements = 3,761 acres 2 03/15/2022 Item 5.E. 2001 Environmental Bond Referendum Lost Tree Islands Ranks #2 hnpb Trail Conservation M. (Cams & Irwin7 Oyster Bar (Simmons. Mdre. YIaIRen Kennedy Text Pnl'AR BMer Pangs blonds Korargy Tract Rmmd blah South Ler Trxt P1N Buller SeW,tun Hghlmd Scrub Lots Nadh Sebe—ConseeMion Area Spalbne Tract -ACNWR Oslo R'rvar 5mdh (Salama A Emerson) Walasso Scrub Gnsennlon Area 2001 Environmental Bond Referendum Lost Tree Islands Ranks #2 The process for ranking involved staff and members of the LAAC who completed a sequential procedure to form conclusions about properties that were nominated for consideration. The steps from nomination to ranking involved 13 phases which ultimately lead to a recommendation for funding to the Board of County Commissioners. 3 pWl LAAO STAI\f.{A1 gl{TA)S ost TrEe Islands (A romp.nme eomm.a ormdnld�al PINWR Buffer sue eralusrbo'proririzatbo marsh narizhe<ss) Osln Rrvertront SaA4 Diamond lnectl mn mrn�e B7 (i; IU -R] Tan oyster Bar SO Marsh(Includi Lee Fu Q,aln,m:. Pomp PmJiase. xl�. Tom s<na Aavkmg ORCA Sotto Link TMals Poim Tuuis Padgett Branch (tnn-eW) wapw p.. n.ahw w -4— Wabasso Scrub/ (lrrective) a<b�cam ceaan) Indian River Ferms I.n oslo A;re<8®tSaarh Winter Beach Marsh (D --dl Hoffman Pr a'abava s�mb Addison visla-f�<a6eaies-Weaans(exminetej Mor en's Impoundmerl pe;txA Bemr Simon eNSCA Addtion mew ltiv-c Pamss HaAstrom Farmstead (.rnnnk d "amerj a nrv; Dlsnay Property (unurlcetl "ermryerrc padgmarmm Kroegel Homesteadr inrendw emery Letl nK Bbam Ovum Bar Sah MI . Acquired for appra'ee pn<h,ea coMrxtj lincludin¢ Ltt Addrtwn) ' x'rsta Prop. lxetlmds Carson R. Eetne Hnffmau Pe<p M FxherSebastian Rpse (x uding Prxtor Pamal) ORCA So L.k Plinn Trxt .Green SA Marsh �Imgav-s Impoantlmmr Harmony Oaks M'intn Bcach Hush Ldah Tract hnpb Trail Conservation M. (Cams & Irwin7 Oyster Bar (Simmons. Mdre. YIaIRen Kennedy Text Pnl'AR BMer Pangs blonds Korargy Tract Rmmd blah South Ler Trxt P1N Buller SeW,tun Hghlmd Scrub Lots Nadh Sebe—ConseeMion Area Spalbne Tract -ACNWR Oslo R'rvar 5mdh (Salama A Emerson) Walasso Scrub Gnsennlon Area 2001 Environmental Bond Referendum Lost Tree Islands Ranks #2 The process for ranking involved staff and members of the LAAC who completed a sequential procedure to form conclusions about properties that were nominated for consideration. The steps from nomination to ranking involved 13 phases which ultimately lead to a recommendation for funding to the Board of County Commissioners. 3 03/15/2022 Item 5.E. Indian River County Conservation Lands Program Lost Tree Islands Conservation Area Purchased in 2003 508 Acres Indian River County + Partners • Indian River County • Town of Indian River Shores • City of Vero Beach • Florida Communities Trust 5-4 03/15/2022 Item 5.E. County Conservation Lands Along the Lagoon Indian River County Conservation Lands g :Indian River Cou�ty.Conse atlon Lands Iran 2i r Count, Conservation Lards ndian River Lagoon North w n_'diar Rive Lagoon ;_Gentra6 nd �,n Rive• Lagoon South IIIIIIIIIK b Ri �stm9 s.,.. ■ The Indian River Lagoon (IRL) is a 156 -mile long estuary covering 353 square miles, and located along Florida's East Coast between New Smyrna Beach and Stuart. ® An estuary is a place where saltwater (from the ocean) and freshwater (from the mainland) meet to form brackish water. ■ The IRL is designated as an "Estuary of National Significance," one of 28 in the nation. • The IRL is also classified by the State of Florida as an Aquatic Preserve, an Outstanding Florida Waterway, and a Surface Water Improvement and Management (SWIM) Program Water Body. �XX .—.-PwredatsanhW New Smyrna Beach - Qs01e ==_)' Pat wwrar ,�;�\\�el6ourne �fbm V Basch V4Frc Pierce „ Stuart lbNer -- 6 The Indian River may flow north or flow south; some days it might be completely stagnant and not flow at all. That is because it is affected by winds, which vary the lagoon's direction of flow. A true river flows a single direction. The lagoon is located along the Atlantic Flyway, a key biological highway for many migrating birds. Juvenile loggerhead, green and leatherback sea turtles can be found in the Indian River Lagoon seeking food and protection. The IRL watershed is home to more than 2,100 different species of plants and more than 2,200 animal species, including some 700 fish species and 310 bird species. Approximately 50 threatened or endangered saecies can be found in the IRL region, including 12 plants and 36 animals. The IRL is responsible for one- seventh of the region's economy. The overall economic value of the lagoon was estimated at $7.6 billion in 2014. Lagoon fisheries generate an estimated $30 million in revenues annually, and the lagoon provides approximately 50 percent of the annual fish harvast along the east coast of Florida. 03/15/2022 Item 5.E. a The width of the lagoon varies from one-half mile to five miles, with an average depth of four feet. Five inlets connect the IRL with the Atlantic Ocean. M 03/15/2022 Item S.E. What are some of the main threats to the health of the Lagoon? Like all estuaries, the IRL is a semi -confined water body characterized by mixing of saline ocean water and freshwater originating in uplands. Water exchanges between the Lagoon and the Atlantic through five inlets. Mostly natural in origin, the inlets are artificially deepened and stabilized, and are maintained through human manipulation. ➢ Reduced water quality due to man-made hydrologic changes ❖ Reduced freshwater inputs increase salinity levels & affect species diversity ❖ Large volumes of freshwater discharged seasonally reduce salinity levels in specific areas along the lagoon & may affect species diversity ❖ Discharges of pollutants into the Lagoon inclucing nutrients, heavy metals, oils, pathogens, and chemicals associated with agricultural and urban stormwater Loss and fragmentation of habitats - Sim:e the mid -1950's, more than 40,00o acres of highly productive salt marsh and mangrove marsh have been converted into mosquito impoundments. Loss of mangrove marsh is a loss of nursery habitat for juvenile fish and invertebrates. Coastal hammocks along the Lagoon are converted to other uses What are some of the main threats to the health of the Lagoon? y Overuse/overharvest o resources - overfishing is cited as a cause of declining fish populations. Reduced supply of shellfish may result in overharvest of remaining resources. i Proliferation_ of invasive exotic species - exotics plants & animals compete with native species, greatly reducing ecosystem biodiversity and function. Exotic species usually have few natural controls to help keep their numbers in check. Australian Interested in a great gxrfiax �'i: er / Jnr:; overview of the Lagoon history, 44 ecology, and on- going management v < <; issues? This 2007 JRWMD document 4 is a great resource. Download a copy at: -- h_ttps: www.�a. ov sites defa_ulj[filesj20?8- gyd.c=m nt, 58692 an river lagoon an_introdu ction to a natural_ireasure 2007,pdf 7 03/15/2022 Item 5.E. What are some of the main threats to the health of the Lagoon? ➢ Climate change may come about through natural or man -mad causes. Impacts from climate change on the Lagoon may affect the ecology, hydrodynamics, circulation patterns, depth and salinity of this diverse ecosystem, including specific issues such as: ❖ Loss of Mangroves: mangroves stabil ze shorelines and also provide habitat and nursery area recreationally important finfish and invertebrates. These wetlands have adapted to maintain their position alcng the fringes of the Lagoon by accreting (adding) sediment at a relatively slow pace. Accelerated sea level rise could pose threat to these communities by outpacing their ability to accumulate sediments, resulting in conversion to open water areas. ❖ Seagrass beds are critical to the health and water quality of the Lagoon. They provide sediment stabilization, oxygenate the water column, and habitat for a wide array of species. Deeper waters associated with accelerated sea level rise could reduce sunlight levels and affect photosynthesis, which leads to decreases in seagrass acreage. What are some of the main threats to the health of the Lagoon? ❖ Increased salinity in the lagoon accompanying sea level rise could negatively impact the life cycles of numerous plant and animal species; these impacts continue throughout the food web within the Lagoon. ❖Threats to biodiversity: Sea level rise and warmer water temperatures could decrease the number of species that occur in the IRL; invasive and other opportunistic organisms could adapt and establish themselves under stressful conditions, displacing native flora and fauna. ❖Adjacent upland & wetland habitats and maritime hammocks would also be at risk of flooding and salt water inundation. Loss of mud flats and salt marshes providing habitat for a wide variety of fish, birds, reptiles, mammals and invertebrates is possible. 03/15/2022 Item 5.E. z ■ Lost Tree Island Conservation Area (LTICA) is centrally located in the IRL and includes three main islands, a portion of an irr aoundment, the smaller "outer islands," and th3 iorthern tip of Friz island. ■ LTICA was acqu-red by the County in 2003 with funding assistance frorr PCT ■ Three main isla-=cs are the focal point of the project: Duck Head (60.4 Acres), Earman (68.6 Acres) & Hog's Head (48.4 Acre. ■ Three wetland niigation projects (creating wetlands/uplands) were completed on the islands (-20 acres) between 2007-2011. • There is an exis-irg dock and two small picnic pavilions on Earman Island no other imprviernents have been undertaken. ■ In 2019 Indian ?iter County was selected by the IRLNEP to recei.e a grant for the Conceptual Design of an enhancement plan for the three main islands. :� _ 9 03/15/2022 Item 5.E. : T�.,a t'furt to f. a: p"rpw et u�1g°M�a41 ES t - - EAST COAST O£ FLORIDA ;n lv I\ ll I A N RIVER ,f,� >a j ,4 •naw m �, z 4 }, F'RO=. J. til•:I. AX'S HOUSE TO I3N:THEL CREEK b. ale ^.s ihw :.4 } .F t iyy t IS LOST TREE ISLAND A SPOIL ISLAND? °;� — 10 03/15/2022 Item 5.E. LTICA HISTORIC IMAGERY 03!15/2022 Item 5.E. 12 03/15/2022 Item 5.E. I RLN EP GRANT GOALS • Site design that is resilient and versatile, and by its nature will be adaptable during extreme weather events and climate change • Water quality benefits through creation and enhancement of wetland communities • Establishment of endemic habitat, including, but not limited to: o High marsh habitat which is a rare resource in Indian River County o Strategically located mangrove wetlands o Maritime hammock habitat o Salt flats and open sandy beaches for shorebird nesting o Seagrass habitat (based on appropriateness and feasibility) o Oyster reefs (based on appropriateness and feasibility) o Expanded nursery areas for fish and invertebrates IRLNEP GRANT GOALS • Incorporation of innovative, low maintenance elements for shoreline stabilization • Incorporation of green technologies where appropriate and feasible • Provide for educational engagement on the ecological issues facing the Lagoon • Provide passive recreational opportunities that promote ecotourism, educational awareness, local responsibility and facilitates informed community input • Minimization of mosquito production • Elimination of nuisance and exotic- plant species such as Australian pine and Brazilian pepper • Minimization of long-term maintenance, management, and capital costs 13 IRL NEP GRANT GOALS & OBJECTIVES 01ater quality beneli-s through c- eation and enhan -ement of wetland commlrities '='niiaricement _ & Restoration of abitat Salt Marsh & Man;roves Maritime Hamrrock Salt Flats & Open Beachc ter Reef ,:3pm_.:.renessa r.asnnroq £xparded nursery areas for 0 03/15/2022 Item 5.E. Preliminary Observations: ■ Very subtle change in topography on Hog's Head and Earman islands; more notable relief on Duck Head (closest to current ICW) ■ No interior low spots or wetlands ■ Vegetation fairly homogenous - dominated by exotic canopy ■ Duck Head has a spine of large native oaks, and some native understory; Earman has clusters of oaks in the center; Hog's Head dominated by exotics, few native trees. ■ Mitigation areas have recruited desirable native upland and wetland species; significant cover by white mangroves within interior areas Preliminary Observations: ■ Fringing mangroves on east side of Earman and to a lesser extent Duck Head; Hog's Head has very narrow mangrove fringe. ■ No significant use by wildlife at present - no obvious roosting or nesting, tracks, scat, etc. ■ No obvious areas of significant erosion along shoreline ■ Sparse cover of seagrass observed on the west side of Duck Head Island IiL 03/15/2022 Item 5.E. Next Sten - Research Existing Database Information Comparison otseagrass Cover(�,JKWIviu Uata) Comparison of Seagrass Cover (SJRWMD Data) ( 16 03/15/2022 Item 5.E. Considerations in Preliminary Design: ■ Permitting Constraints ■ Potential • Ss ■ SS • SS • SS ■ SS • SS • SS Considerations in Preliminary Design: ■ Permitting Constraints: The focus of environmental permitting is to reduce and eliminate adverse environmental impacts. Restoration projects, although much easier to permit, are still required to address net functional losses of wetlands, and/or impacts to listed species habitat. The design was undertaken with the goal of creating & enhancing wetland habitats. The islands are dominated by exotic vegetation, there is limited habitat for l sted wildlife species. ■ Potential Community Structure: Wetlands - mangroves and saltmarsh, benthic habitat Uplands - coastal hammock Transitional Areas - grasslands, shorelines ■ Sustainability/Resiliency: The creation of wetlands on the islands allows for transport of the excavated soil landward to increase the elevation within existing uplands. Raising these areas will allow for creation of maritime hammocks which are increasingly threatened by sea level rise. 17 03/15/2022 Item S.E. Considerations in Preliminary Design: ■ Re -Vegetation Strategies: In uplands, the plan incorporates existing areas with native vegetation. Plans include initial removal of non-native Australian pines & Brazilian pepper via mechanical treatment (mulching). Mulched areas will recruit native species, and non-native vegetation will be treated. In existing mangroves, exotic vegetation will be treated in place and allowed to decompose. Created wetlands will be planted with native saltmarsh species. Transitional areas (grasslands, shorelines) are planned to have exotic species removed, and allowed to re -vegetate via recruitment. Supplemental planting of native groundcover & shrubs may be may be included as needed. ■ Shorebird/Wading Bird Habitat. Potential nesting habitat for protected terns and other avian species is a diminishing resource in IRC. Meetings with representatives from the Florida Fish and Wildlife Conservation Commission (FWC) and the FDEP's Aquatic Preserve Staff have providedconcepts for incorporating shorebird nesting platforms in strategic locations on the islands. Considerations in Preliminary Design: ➢ Construction Costs & Associated Phasing: Previous wetland mitigation projects on LTICA have provided insight into the logistics associated with construction within the Lagoon. Design has considered the soil balance on each island (amount of excavated soil must balance the projected fill volumes). Design has also factored in mobilization and ccnstruction sequencing. Phasing of the restoration of each island will be based on project funding. ➢ Operation & Maintenance Costs: The restoration design for the LTICA is planned to be low-tech; there will be structures for controlling water flow through the wetlands, and passive recreational facilities such as trails, boardwalks, and potential docks and/or kayak launching sites. 0&M for the project considers the fact that it is not feasible for Parks staff to be on-site daily. Structures and other facilities will be inspected and maintained as needed. The most significant maintenance need will be the control of non-native species; this need should decrease over time as the cover of native species increases. 03/15/2022 Item S.E. Considerations in Preliminary Design: ■ Incorporation of Passive Recreation Opportunities: LTICA is planned to provide recreational opportunities such as walking trails, wildlife viewing, potential fishing opportunities, & shoreline kayaking exploration. Periodic opportunities for environmental educational programming and volunteering may be incorporated as the various natural areas become established. ■ Funding Sources: As the project moves through the environmental permitting process, the County will be leveraging the allocated funding for the project via annual funding opportunities at the regional, State and federal levels. Past experience has shown that these project partnerships foster a greater engagement within the community. This engagement promotes responsible stewardship of Lagoon resources. 19 03/15/2022 Item 5.E. Saltmarsh Overview of Planned Native Habitats fti- i r 4n �� °ref & 4ts - d 4 u� o- K.,: „ ... �`y�•.�9 `aa: �, � 7 f� ` =�'4ta' �' �c 4'k �Y k �"ty'7Ya�- S � tea'✓ Y k1's. x^ '�"ctK Design includes excavAion of disturbed uplands to create d'��.erse saltma.rsl- habitat on each s and. The fill f --on-- the excavatio.i will be used to create additional coastal hammock. 20 03/15/2022 Item 5.E. Overview of Planned Native Habitats Open Grassland/Transitional WetFands: rw y•f ' 7 a ��• Fki. n 5 IRuE .i j,_c 1 , A, et,om of az.oies e oi room,p, Upland portions of the islands ccminated by exotes that will not be significantly re-contoured will be cleared of exotics and allowed to re -vegetate (both by recrui:meri and selected planting) with native shrubs, grasses, & forbs. Scattered canopy species may recruit, however, tip goal is to keep these lands as a buffer to adjacent wetlands. A wide variety of wildlife species w 1 utilize this type of habitat for foraging and refuge. Overview of Planned Native Habitats Mangroves t" c ♦i FjYs t HIM Brazilian pepper and Australian pine hare invaded portions of fringing mangroves on the islands; the plan will include removal ct non-native species from the fringing mangroves to enhance their viability. 21 03/15/2022 Item 5.E. LOST TREE ISLANDS RESTORATION & ENHANCEMENT PROJECT OVERVIEW 22 03/15/2022 Item 5.E. "OUTER" ISLANDS 4AI I<- 1 00 ..... ..... fit ,5- 23 03/15/2022 Item 5.E. 24 L NT ;_;�. Hrc�ag m sg3ga c� =oaf ir.4 _ M — '�? - 111111 1 1 ;tikNMl A 24 L 03/15/2022 Item 5.E. 25 03/15/2022 Item 5.E. Work Currently Underway - Exotics Removal e n r I _ TM 5- 26 03/15/2022 Item 5.E. i jj Indian River County �A�p�y� BLC BOM[K CCUMYAZ EVFMCAIENDM CONTAR � � f •y o,... n'C�OV tGav, _ 1 j� i lr s : wry �scp�vcvm. D.G.rt.vna C¢r r5e �:c.x a4>rd Cvva ..an sLwww. Dart..ntllon.. •sftayxn i Conservation Lands Program a A•r.=m.w. c O axe. caw.^A O Gnrn+F�m F.un O hc�+•Bme n..v» O D,..•s.rc N.�.t O ICBM c r,.a cA � -. O Names y o u CONSEYYQttOi 4,11�S Mai �� Gwmvry O J> -a Public m. u. N - F 1 T I Ione N riDn P> jz! 27 4W 7-1 •�<.r>ae... Y _»\ 9d f# �.e.w..mrn..n�w......xo'aar+. � ' nRrMmwwroacu>d.uron>w+n _ 1( .. �`• Ft -� 3 E 1 :.oY G2 27 03/15/2022 Item 5.E. 5— 28 1 „ G1 5— 28 Joi,rz, uz fan aun zozz INDIAN RIVER COUNTY CLERK OF COURT'S OPERATION GREEN LIGHT A DRIVER LICENSE REINSTATEMENT DAYS EVENT Suspended license? Outstanding fines? Operation Green Light is your chance to: G SAVE MONEY G GETBACKON THEROAD 0 Join ups for our 2022 Operation Green Light Event! During the 2022 Operation Green Light, Indian River County customers with suspended driver licenses will have an opportunity to pay overdue court obligations, including traffic tickets, while saving up to 30 percent in additional fees to get their license back. Contact our office to learn more today! OPERATION cl J 4 � Z I I Id on k(DNeed more information? Visit www.indianrivercierk.com Contact us today: 772-226-3188 When? Saturday March 26, 2022 10:00 AM — 2:00 PM Where? Indian River County Courthouse 200016TH AVENUE VERO BEACH, FL 32960 How? In person and online 100 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 Telephone: (772) 226-1516 CPA, CGFG, CGMA I� gcompT . 'Ip' o _ a 2q F, `FR cou"', TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: March 4, 2022 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 12/31/2021 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the first quarter of fiscal year 2022. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on March 3, 2022. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. L L L L L c c c c c 0 0 0 0 0 L L L c c c 0 0 0 L L L c c c 0 0 0 C C E E E Y O m m m m m ccq _ � C X N N ` F � X W O 7 v C O O N O 0 N 0 Ol 01 m n O O O O O q a3i� vv 900 ~ ~ n u -6 E v o0 O7J a V 0 0 O a m m N O O V Q l0 1p Ip W 00 V t0 N O N D] 00 IO N OI 01 N N W cl N W N N 00 01 N V O vt W IO 7 b ID vl M C b C b W 1� W 1� l0 lD N N N � W I b Ill oc W V W V W n ol N G1 OO 0o O O C C — f tA N N to VT N N N N N � N Iml1 x W 3 � Y 'O A 3 N N N N N VT V? co OI IO Ot OO m ll1 CO N Oct lD oo O OI ✓1 OI V N N C R t� Ill 00 Ill Y y Y OI W W M O I� O OO N N Ip E �, vt m a ID N oo m o C o E '" E u m r+ 7 ai c m ON V} N VT VT Vf N ave N m m m m LL n r n C Q: Gi U N N N m Cc VT VT d L W VT VT Vf N N V C t0 ID O N Vl CO 7 M W N I� r N W C C� O 0 > C C� oO C N n 00 ol M M C Q. M M r+f ID V V Oi M N vl 1� r M ID d QJ N Gt M W 00 M IO OI 1� n N n O' 'a W N W QM N W to VT VT N a r L M d 7 L Cf a+ 0 A v — W u v D mp E E a N ri � in z c G u W 0- o m a � w ~ c7 N_ ~ O >>> >> LL u F o L d 0 72 O L:).552 0 N O y 0 0 0 y N O O .. C N N vl N h M O •� O ,S O t � y � p .-a � n a la •o � c E � •- � o 0 c 0 .oi C~7 uoi c _ a L L L L L c c c c c 0 0 0 0 0 L L L c c c 0 0 0 L L L c c c 0 0 0 C C E E E Y O m m m m m ccq _ � C X N N ` F � X W O 7 v C y} 6 O N O V > >> 7 v o v A O O q a3i� vv 900 E n u -6 E v o0 O7J a V 0 0 O a m m N L L L L L c c c c c 0 0 0 0 0 L L L c c c 0 0 0 L L L c c c 0 0 0 E E E E E E E E E E E m m m m m m m M M m m m n v m N Ca my O I� o0 N 1� N l IR . 0 O O O q 900 0o m ISO n MOI M 01 NI N O Ol N n IO Vt Iq O N 1� M ID O 00 O n `0 m d v N j v � c JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 270' Street Vero Beach, FL 32960 Telephone: (772) 226-1516 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: March 4, 2022 GoMPT Ro` U ► 13 SUBJECT: Quarterly Investment Report for Quarter Ending 12/31/2021 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the first quarter of fiscal year 2022. This report was reviewed by our investment advisory committee on March 3, 2022. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. 10 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 Telephone: (772) 226-1516 Indian River County Investment Advisory Committee Quarterly Investment Report October 1, 2021 through December 31, 2021 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, and recommend investment strategies. The Committee consists of the County Administrator, or his designee, and a minimum of two qualified citizens with investment or financial management expertise. Kristin Daniels, Budget Director, is the County Administrator's designee. The individuals with investment expertise who have agreed to serve are: David W. Griffis, Founding Principal Vero Beach Global Advisors, Ted Libby, Senior Portfolio Manager with Cypress Capital Group; and Bill Penney, President & CEO of Marine Bank: and Trust Company. Also present at the meetings are the Clerk of the Circuit Court, Finance Director, and Internal Audit Director. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, surplus funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F. S. 163.0 1, Certificates of Deposit (CDs), Money Market Funds, and Repurchase Agreements. BOND PROCEEDS INVESTMENT The current water and sewer bond reserve is held by Bank of New York/Mellon and is presently invested in a treasury bill. QUARTERLY AVERAGE YIELD The overall average yield for the quarter ended December 31, 2021 was 0.24%. The overall average yield for the quarter ended September 30, 2021 was 0.24%. 11 IN -VESTMENT ACTIVITY As of December 31, 2021, the investments portfolio book value was $519,501,340 with a market value of $518,270,523. Of the $519,501,340 portfolio total, $396,730,591 is restricted for the following purposes: $ 138,130,143 Special revenue projects $ 711,718 Debt service $ 93,086,216 Capital projects $ 164,014,500 Business -type activities 788,014 Fiduciary funds $ 396,730,591 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Fiduciary Special Business- 1% Type Revenue 41% 34 0 Debt Service 1% Capital Projects 23% The weighted average maturity of the treasure and agency investments as of December 31, 2021 is 19 months. Coupon yields on the individual investments ranged from 0% to 1.50%. Those investments with 0% coupons are treasury bills that are purchased at a discount and result in positive yields upon maturity. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending December 31, 2021: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund Types (unrestricted and restricted balances) 12 1oft Portfolio 14.44% 15.02% 6.35% 2.89% 13 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type December 31, 2021 12/3121 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value FFCB Bullet 3133ELNPS 1.450% 02/24/20 02/24/22 0.15 1.464% $ 3,000,000.00 $ 2,999,160.00 FFCB Bullet 3133EL4T8 0.150% 09/03/20 02/24/22 0.15 0.150% $ 3,000,000.00 $ 3,000,000.00 FFCBCallable 3133EMMU3 0.120% 01/13/21 04/13/22 0.28 0.120% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EMEB4 0.140% 10/22/20 04/22/22 0.31 0.140% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EMQA3 0.080% 02/18/21 05/09/22 0.35 0.080% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMGP1 0.150% 11/17/20 05/16/22 0.37 0.162% $ 3,000,000.00 $ 2,999,460.00 FFCB Bullet 3133ELZN7 0.160% 05/18/20 05/18/22 0.38 0.237% $ 3,000,000.00 $ 2,995,410.00 FFCB Bullet 3133EMPR7 0.100% 03/17/21 08/02/22 0.59 0.121% $ 3,000,000.00 $ 2,999,130.00 FFCB Callable 3133ELMF7 0.120% 12/22/20 09/22/22 0.73 0.120% 5 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMDA7 0.160% 11/02/20 10/13/22 0.78 0.165% $ 3,000,000.00 $ 2,999,700.00 FFCB Bullet 3133ENBT6 0.180% 11/23/21 01/25/23 1.07 0.308% $ 3,000,000.00 $ 2,995,500.00 FFCB Callable 3133EMQHS 0.110% 02/10/21 02/10/23 1.11 0.110% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRQ7 0.100% 03/17/21 02/24/23 1.15 0.156% $ 3,000,000.00 $ 2,996,760.00 FFCB Bullet 3133EMSS2 0.125% 05/07/21 03/09/23 1.19 0.152% $ 3,000,000.00 $ 2,998,500.00 FFCB Callable 3133EMSTO 0.140% 03/10/21 03/10/23 1.19 0.140% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMG97 0.140% 07/01/21 05/09/23 1.35 0.225% $ 3,000,000.00 $ 2,995,260.00 FFCB Bullet 3133EMYX4 0.125% 05/10/21 05/10/23 1.36 0.160% $ 3,000,000.00 $ 2,997,900.00 FFCB Callable 3133EMKG6 0.200% 12/15/20 06/15/23 1.45 0.200% $ 3,000,000.00 5 3,000,000.00 FFCB Bullet 3133EMS37 0.125% 11/16/21 07/14/23 1.53 0.429% $ 3,000,000.00 $ 2,984,940.00 FFCB Callable 3133ELS19 0.300% 12/03/21 09/01/23 1.67 0.503% $ 3,000,000.00 $ 2,989,440.00 FFCB Bullet 3133ENAL4 0.290% 12/03/21 10/12/23 1.78 0.578% $ 3,000,000.00 $ 2,984,070.00 FFCB Callable 3133ENBN9 0.340% 10/20/21 10/20/23 1.80 0.340% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRZ7 0.250% 09/14/21 02/26/24 2.16 0.291% $ 3,000,000.00 $ 2,997,000.00 FFCB Callable 3133ENCVO 0.670% 11/02/21 05/02/24 2.34 0.670% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ENCA6 0.700% 10/25/21 10/25/24 2.82 0.700% $ 3,000,000.00 $ 3,000,000.00 $ 75,000,000.00 $ 74,932,230.00 FHLB Callable 3130A1QQ5 0.300% 06/30/20 06/30/22 0.50 0.300% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130A1TM1 0.260% 07/28/20 07/28/22 0.57 0.260% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130ALRG3 0.125% 12/03/21 03/17/23 1.21 0.351% $ 3,000,000.00 $ 2,991,300.00 FHLB Callable 3130AM5P3 0.180% 04/28/21 04/28/23 1.32 0.180% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130AMRYO 0.125% 07/09/21 06/02/23 1.42 0.183% $ 3,000,000.00 $ 2,996,700.00 FHLB Callable 313OAKL38 0.155% 12/30/20 06/30/23 1.50 0.155% $ 3,000,000.00 5 3,000,000.00 FHLB Callable 3130AN7N4 0.220% 08/10/21 08/10/23 1.61 0.220% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130A1XD6 0.125% 09/28/21 09/08/23 1.69 0.275% $ 3,000,000.00 $ 2,991,300.00 FHLB Callable 313OAQDWO 0.650% 12/29/21 12/29/23 1.99 0.650% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 313OAQ5T6 0.750% 12/29/21 12/29/23 1.99 0.750% $ 3,000,000.00 5 3,000,000.00 FHLB Callable 3130ANFPO 0.350% 08/23/21 02/23/24 2.15 0.350% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APXNO 0.820% 12/14/21 03/14/24 2.20 0.820% 5 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMV33 0.300% 06/29/21 04/29/24 2.33 0.300% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMMM1 0.375% 06/03/21 06/03/24 2.42 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMLM2 0.375% 06/07/21 06/07/24 2.44 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKX9 0.400% 06/07/21 06/07/24 2.44 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKZ4 0.400% 06/10/21 06/10/24 2.44 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APYD1 0.900% 12/14/21 06/14/24 2.45 0.900% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 313DAMSFO 0.400% 07/01/21 06/28/24 2.49 0.471% $ 3,000,000.00 $ 2,993,700.00 FHLB Callable 3130AMXQO 0.475% 07/12/21 07/12/24 2.53 0.475% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMZ88 0.520% 07/12/21 07/12/24 2.53 0.520% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APQVO 1.000% 11/16/21 08/16/24 2.63 1.000% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APBS2 1.000% 11/23/21 08/23/24 2.65 1.000% $ 3,000,000.00 5 3,000,000.00 FHLB Callable 3130ANVAS 0.500% 09/10/21 09/10/24 2.70 0.500% $ 3,000,000.00 5 3,000,000.00 FHLB Callable 3130ANRP7 0.500% 09/13/21 09/13/24 2.70 0.500% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APAA3 0.555% 10/21/21 10/21/24 2.81 0.555% $ 3,000,000.00 $ 3,000,000.00 $ 78,000,000.00 $ 77,973,000.00 FHLMC Bullet 3137EAET2 0.125% 11/17/20 07/25/22 0.56 0.146% $ 3,000,000.00 $ 2,998,950.00 FHLMCCallable 3134GW7EO 0.200% 11/16/20 02/16/23 1.13 0.200% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEQ8 0.375% 11/24/21 04/20/23 1.30 0.398% $ 3,000,000.00 $ 2,999,040.00 FHLMCCallable 3134GXEXS 0.250% 12/02/20 06/01/23 1.42 0.250% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAES4 0.250% 10/20/21 06/26/23 1.48 0.334% $ 3,000,000.00 $ 2,995,770.00 FHLMC Bullet 3137EAEV7 0.250% 11/22/21 08/24/23 1.65 0.433% $ 3,000,000.00 $ 2,990,400.00 FHLMC Bullet 3137EAEWS 0.250% 09/28/21 09/08/23 1.69 0.276% $ 3,000,000.00 $ 2,998,500.00 FHLMC Bullet 3137EAEY1 0.125% 11/18/21 10/16/23 1.79 0.505% $ 3,000,000.00 $ 2,978,340.00 FHLMCCallable 3134GW6E1 0.320% 07/06/21 11/02/23 1.84 0.320% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEZ8 0.250% 11/24/21 11/06/23 1.85 0.579% $ 3,000,000.00 $ 2,980,890.00 FHLMC Bullet 3137EAEZ8 0.250% 10/08/21 11/06/23 1.85 0.286% $ 3,000,000.00 $ 2,997,750.00 $ 33,000,000.00 $ 32,939,640.00 FNMA Bullet 3135GO4Q3 0.250°,6 11/12/21 05/22/23 1.39 0.375% $ 3,000,000.00 $ 2,994,300.00 FNMA Bullet 3135GOSG4 0.2506A 09/29/21 07/10/23 1.52 0.250% $ 3,000,000.00 $ 3,000,000.00 FNMA Bullet 3135GOSG4 0.25096 11/22/21 07/10/23 1.52 0.367% $ 3,000,000.00 $ 2,994,300.00 FNMACallable 3135GOST6 0.350% 11/18/21 08/18/23 1.63 0.488% $ 3,000,000.00 $ 2,992,770.00 FNMACallable 3136G471.1 0.350% 09/28/21 04/26/24 2.32 0.434% $ 3,000,000.00 $ 2,993,520.00 $ 15,000,000.00 $ 14,974,890.00 Treasury Bill 912796C31 0.000% 05/13/21 01/27/22 0.07 0.021% $ 3,000,000.00 $ 2,999,546.75 Treasury Note 91282SH86 1.500% 11/21/19 01/31/22 0.08 1.565% $ 3,000,000.00 $ 2,995,770.00 Treasury Bill 912796F38 0.000% 05/13/21 03/24/22 0.23 0.031% $ 3,000,000.00 $ 2,999,186.25 Treasury Note 91282CBGS 0.125% 12/13/21 01/31/23 1.08 0.350% $ 3,000,000.00 $ 2,992,380.00 Treasury Note 91282CBGS 0.125% 10/26/21 01/31/23 1.08 0.212% $ 3,000,000.00 $ 2,996,700.00 Treasury Note 91282CBNO 0.125% 10/29/21 02/28/23 1.16 0.275% $ 3,000,000.00 $ 2,994,000.00 Treasury Note 91282CBU4 0.125% 11/23/21 03/31/23 1.25 0.368% $ 3,000,000.00 $ 2,990,160.00 Treasury Note 912828ZH6 0.250% 12/13/21 04/15/23 1.29 0.445% $ 3,000,000.00 $ 2,992,200.00 Treasury Note 91282CBX8 0.125% 10/26/21 04/30/23 1.33 0.311% $ 3,000,000.00 $ 2,991,600.00 1oft Portfolio 14.44% 15.02% 6.35% 2.89% 13 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type December 31. 2021 Restricted Cash - Health Insurance Restricted Cash - Housing Account $506,500.20 Total Portfolio $519,501,340.37 Note: See separate investment report for OPEB funds. 14 2 oft 12/31/21 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Treasury Note 912828ZY9 0.125% 05/17/21 07/15/23 1.S4 0.169% $ 6,000,000.00 $ 5,994,360.00 Treasury Note 91282CCN9 0.125% 11/16/21 07/31/23 1.58 0.451% $ 3,000,000.00 $ 2,983,380.00 Treasury Note 91282CAF8 0.125% 05/26/21 08/15/23 1.62 0.175% $ 6,000,000.00 $ 5,993,400.00 Treasury Note 91282CCU3 0.125% 09/27/21 08/31/23 1.67 0.262% $ 4,000,000.00 $ 3,989,520.00 Treasury Note 91282CAK7 0.125% 05/20/21 09/15/23 1.71 0.181°% $ 6,000,000.00 $ 5,992,200.00 Treasury Note 91282CDA6 0.250% 10/19/21 09/30/23 1.75 0.405% $ 3,000,000.00 $ 2,991,000.00 Treasury Note 91282CAP6 0.125% 08/23/21 10/15/23 1.79 0.250% $ 3,000,000.00 $ 2,991,960.00 Treasury Note 91282CAP6 0.125% 11/16/21 10/15/23 1.79 0.499% $ 3,000,000.00 $ 2,978,700.00 Treasury Note 91282CDDO 0.375% 11/01/21 10/31/23 1.83 0.501% $ 3,000,000.00 $ 2,992,500.00 Treasury Note 91282CAW1 0.250% 09/27/21 11/15/23 1.87 0.306% $ 4,000,000.00 $ 3,995,200.00 Treasury Note 91282CBEO 0.125% 07/09/21 01/15/24 2.04 0.271% $ 3,000,000.00 5 2,989,050.00 Treasury Note 91282CBEO 0.125% 11/16/21 01/15/24 2.04 0.596% $ 3,000,000.00 $ 2,969,700.00 Treasury Note 91282CBM2 0.125% 07/09/21 02/15/24 2.13 0.288% $ 3,000,000.00 $ 2,987,343.75 Treasury Note 91282CBR1 0.250% 08/23/21 03/15/24 2.21 0.327% $ 3,000,000.00 $ 2,994,090.00 Treasury Note 91282CBR1 0.250% 10/19/21 03/15/24 2.21 0.547% $ 3,000,000.00 $ 2,978,700.00 Treasury Note 91282CBV2 0.375% 09/27/21 04/15/24 2.29 0.418% $ 4,000,000.00 $ 3,995,640.00 Treasury Note 91282CBV2 0.375% 10/19/21 04/15/24 2.29 0.572°% $ 3,000,000.00 $ 2,985,450.00 Treasury Note 91282CCC3 0.250% 12/03/21 05/15/24 2.37 0.770% $ 3,000,000.00 $ 2,962,170.00 Treasury Note 91282CCC3 0.250% 08/23/21 05/15/24 2.37 0.375% $ 3,000,000.00 $ 2,989,860.00 Treasury Note 91282CCL3 0.375% 10/08/21 07/15/24 2.54 0.500% $ 3,000,000.00 $ 2,989,710.00 Treasury Note 91282CCi6 0.375% 12/03/21 08/15/24 2.62 0.825% $ 3,000,000.00 $ 2,964,000.00 $ 102,000,000.00 $ 101,659,476.75 19.59% Regions Bank Money Market $ 19,087,585.50 3.68% Regions Bank Lockbox Accounts $ 2,943,389.75 0.57% TD Bank Checking Account $ 22,956,084.52 4.42% BankUnited Money Market $ 39,960,341.46 7.70% Valley National Bank Government Interest Checking $ 33,971,740.16 6.55% Marine Bank Business Money Market $ 8,228,437.44 1.58% Florida Trust Day t0 Day Fund $ 25,020,295.08 4.82% FL STAR $ 20,022,179.82 3.85% FL CLASS - BOCC Funds $ 35,654,946.77 6.87% Total General Cash & Equivalents - Unrestricted $ 510,324,237.25 Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve $ 75,777.34 Treasury Bill 9127961-144 0.000% 05/27/21 05/19/22 0.38 0.025% $ 1,100,000.00 $1,099,593.00 Total Restricted Bond Reserve - adjusted for fair market value $ 1,175,370.34 0.23% Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves $ 7,495,232.58 1.44 Total Pooled Cash & Equivalents $518,994,840.17 100.00% Restricted Cash - Health Insurance Restricted Cash - Housing Account $506,500.20 Total Portfolio $519,501,340.37 Note: See separate investment report for OPEB funds. 14 2 oft 15 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date December 31, 2021 12/31/21 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow Treasury Bill 912796031 0.000% 05/13/21 01/27/22 0.07 0.021% $ 3,000,000.00 $ 2,999,546.75 Treasury Note 91282SH86 1.500% 11/21/19 01/31/22 0.08 1.565% $ 3,000,000.00 $ 2,995,770.00 $ 6,000,000.00 FFCB Bullet 3133EL4T8 0.150% 09/03/20 02/24/22 0.15 0.150% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ELNPS 1.450% 02/24/20 02/24/22 0.15 1.464% $ 3,000,000.00 $ 2,999,160.00 $ 6,000,000.00 Treasury Bill 912796F38 0.000% 05/13/21 03/24/22 0.23 0.031% $ 3,000,000.00 $ 2,999,186.25 $ 3,000,000.00 FFCB Callable 3133EMMU3 0.120% 01/13/21 04/13/22 0.28 0.120% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EMEB4 0.140% 10/22/20 04/22/22 0.31 0.140% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 FFCB Callable 3133EMQA3 0.080% 02/18/21 05/09/22 0.35 0.080% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMGP1 0.150% 11/17/20 05/16/22 0.37 0.162% $ 3,000,000.00 $ 2,999,460.00 FFCB Bullet 3133ELZN7 0.16056 05/18/20 05/18/22 0.38 0.237•,6 $ 3,000,000.00 $ 2,995,410.00 $ 9,000,000.00 FHLB Callable 3130AIQQ5 0.300% 06/30/20 06/30/22 0.50 0.300% $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAET2 0.125% 11/17/20 07/25/22 0.56 0.146% $ 3,000,000.00 $ 2,998,950.00 FHLB Callable 3130A1TM1 0.260% 07/28/20 07/28/22 0.57 0.26056 $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 FFCB Bullet 3133EMPR7 0.100% 03/17/21 08/02/22 0.59 0.121% $ 3,000,000.00 $ 2,999,130.00 $ 3,000,000.00 FFCB Callable 3133ELMF7 0.120% 12/22/20 09/22/22 0.73 0.120% $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMDA7 0.160% 11/02/20 10/13/22 0.78 0.165% $ 3,000,000.00 $ 2,999,700.00 $ 3,000,000.00 FFCB Bullet 3133ENBT6 0.18056 11/23/21 01/25/23 1.07 0.308% $ 3,000,000.00 $ 2,995,500.00 Treasury Note 91282CBG5 0.125% 12/13/21 01/31/23 1.08 0.350% $ 3,000,000.00 $ 2,992,380.00 Treasury Note 91282CBGS 0.125% 10/26/21 01/31/23 1.08 0.212% $ 3,000,000.00 $ 2,996,700.00 $ 9,000,000.00 FFCB Callable 3133EMQHS 0.110% 02/10/21 02/10/23 1.11 0.110% $ 3,000,000.00 $ 3,000,000.00 FHLMCCallable 3134GW7EO 0.200% 11/16/20 02/16/23 1.13 0.200•,6 $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRQ7 0.10056 03/17/21 02/24/23 1.15 0.156% $ 3,000,000.00 $ 2,996,760.00 Treasury Note 91282CBNO 0.125% 10/29/21 02/28/23 1.16 0.275% $ 3,000,000.00 $ 2,994,000.00 $ 12,000,000.00 FFCB Bullet 3133EMS52 0.125% 05/07/21 03/09/23 1.19 0.152% $ 3,000,000.00 $ 2,998,500.00 FFCB Callable 3133EMSTO 0.140% 03/10/21 03/10/23 1.19 0.140% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130ALRG1 0.125% 12/03/21 03/17/23 1.21 0.351% $ 3,000,000.00 $ 2,991,300.00 Treasury Note 91282CBU4 0.125% 11/23/21 03/31/23 1.25 0.368% $ 3,000,000.00 $ 2,990,160.00 $ 12,000,000.00 FHLB Callable 3130AM5P3 0.18056 04/28/21 04/28/23 1.32 0.180% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828ZH6 0.250% 12/13/21 01/15/23 1.29 0.445% $ 3,000,000.00 $ 2,992,200.00 FHLMC Bullet 3137EAEQS 0.375% 11/24/21 04/20/23 1.30 0.398% $ 3,000,000.00 $ 2,999,040.00 Treasury Note 91282CBXB 0.125% 10/26/21 04/30/23 1.33 0.311% $ 3,000,000.00 $ 2,991,600.00 $ 12,000,000.00 FFCB Bullet 3133EMG97 0.14056 07/01/21 05/09/23 1.35 0.225% $ 3,000,000.00 $ 2,995,260.00 FFCB Bullet 3133EMYX4 0.125% 05/10/21 05/10/23 1.36 0.160% $ 3,000,000.00 $ 2,997,900.00 FNMA Bullet 3135G04Q3 0.250% 11/12/21 05/22/23 1.39 0.375% $ 3,000,000.00 $ 2,994,300.00 $ 9,000,000.00 FHLMCCallable 3134GXEX8 0.250% 12/02/20 06/01/23 1.42 0.250% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130AMRYO 0.125% 07/09/21 06/02/23 1.42 0.183% $ 3,000,000.00 $ 2,996,700.00 FFCB Callable 3133EMKG6 0.200% 12/15/20 06/15/23 1.45 0.200% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAES4 0.250% 10/20/21 06/26/23 1.48 0.334% $ 3,000,000.00 $ 2,995,770.00 FHLB Callable 313OAKL38 0.155% 12/30/20 06/30/23 1.50 0.155% $ 3,000,000.00 $ 3,000,000.00 $ 15,000,000.00 FNMA Bullet 313SG05G4 0.250% 09/29/21 07/10/23 1.52 0.250% $ 3,000,000.00 $ 3,000,000.00 FNMA Bullet 3135GOSG4 0.250% 11/22/21 07/10/23 1.52 0.367% $ 3,000,000.00 $ 2,994,300.00 FFCB Bullet 3133EMS37 0.125% 11/16/21 07/14/23 1.53 0.429% $ 3,000,000.00 $ 2,984,940.00 Treasury Note 912828ZY9 0.125% 05/17/21 07/15/23 1.54 0.169% $ 6,000,000.00 $ 5,994,360.00 Treasury Note 91282CCN9 0.125% 11/16/21 07/31/23 1.58 0.451% $ 3,000,000.00 $ 2,983,380.00 $ 18,000,000.00 FHLB Callable 3130AN7N4 0.220% 08/10/21 08/10/23 1.61 3.220% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CAF8 0.125% 05/26/21 08/15/23 1.62 0.175% $ 6,000,000.00 $ 5,993,400.00 FNMA Callable 3135GOST6 0.350% 11/18/21 08/18/23 1.63 0.488% $ 3,000,000.00 $ 2,992,770.00 FHLMC Bullet 3137EAEV7 0.250% 11/22/21 08/24/23 1.65 0.433% $ 3,000,000.00 $ 2,990,400.00 Treasury Note 91282CCU3 0.125% 09/27/21 08/31/23 1.67 0.262% $ 4,000,000.00 $ 3,989,520.00 $ 19,000,000.00 FFCB Callable 3133EL5J9 0.300% 12/03/21 09/01/23 1.67 0.503% $ 3,000,000.00 $ 2,989,440.00 FHLB Bullet 3130AIXD6 0.125% 09/28/21 09/08/23 1.69 0.275% $ 3,000,000.00 $ 2,991,300.00 FHLMC Bullet 3137EAEWS 0.250% 09/28/21 09/08/23 1.69 0.276°b $ 3,000,000.00 $ 2,998,500.00 Treasury Note 91282CAK7 0.125% 05/20/21 09/15/23 1.71 0.181% $ 6,000,000.00 $ 5,992,200.00 Treasury Note 91282CDA6 0.250% 10/19/21 09/30/23 1.75 0.405% $ 3,000,000.00 $ 2,991,000.00 $ 18,000,000.00 FFCB Bullet 3133ENAL4 0.290% 12/03/21 10/12/23 1.78 0.578% $ 3,000,000.00 $ 2,984,070.00 Treasury Note 91282CAP6 0.125% 08/23/21 10/15/23 1.79 0.250% $ 3,000,000.00 $ 2,991,960.00 Treasury Note 91282CAP6 0.125% 11/16/21 10/15/23 1.79 0.499% $ 3,000,000.00 $ 2,978,700.00 FHLMC Bullet 3137EAEY3 0.125% 11/18/21 10/16/23 1.79 0.505% $ 3,000,000.00 $ 2,978,340.00 FFCB Callable 3133ENBN9 0.340% 10/20/21 10/20/23 1.80 0.340% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CDDO 0.375% 11/01/21 10/31/23 1.83 0.501% $ 3,000,000.00 $ 2,992,500.00 $ 18,000,000.00 FHLMCCallable 3134GW6E1 0.320% 07/06/21 11/02/23 1.84 0.320% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEZS 0.250% 10/08/21 11/06/23 1.85 0.286% $ 3,000,000.00 $ 2,997,750.00 FHLMC Bullet 3137EAEZS 0.250% 11/24/21 11/06/23 1.85 0.579% $ 3,000,000.00 $ 2,980,890.00 Treasury Note 91282CAW1 0.250% 09/27/21 11/15/23 1.87 0.306% $ 4,000,000.00 $ 3,995,200.00 $ 13,000,000.00 FHLB Callable 313OAQDWO 0.6501A 12/29/21 12/29/23 1.99 0.650% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 313OAQ5T6 0.750°,6 12/29/21 12/29/23 1.99 0.750% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 Treasury Note 91282CBEO 0.125% 07/09/21 01/15/24 2.04 C•.271% $ 3,000,000.00 $ 2,989,050.00 Treasury Note 91282CBEO 0.125% 11/16/21 01/15/24 2.04 0.596% $ 3,000,000.00 $ 2,969,700.00 $ 6,000,000.00 Treasury Note 91282CBM2 0.125% 07/09/21 02/15/24 2.13 C.288% $ 3,000,000.00 $ 2,987,343.75 FHLB Callable 3130ANFPO 0.350% 08/23/21 02/23/24 2.15 0.350% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRZ7 0.250% 09/14/21 02/26/24 2.16 0.291% $ 3,000,000.00 $ 2,997,000.00 $ 9,000,000.00 FHLB Callable 3130APXNO 0.82056 12/14/21 03/14/24 2.20 0.820% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CBRI 0.250% 10/19/21 03/15/24 2.21 0.547% $ 3,000,000.00 $ 2,978,700.00 Treasury Note 91282CBR1 0.250% 08/23/21 03/15/24 2.21 0.327% $ 3,000,000.00 $ 2,994,090.00 $ 9,000,000.00 Treasury Note 91282CBV2 0.375% 09/27/21 04/15/24 2.29 0.418% $ 4,000,000.00 $ 3,995,640.00 Treasury Note 91282CBV2 0.375% 10/19/21 04/15/24 2.29 0.572% $ 3,000,000.00 $ 2,985,450.00 FNMACallable 3136G471-3 0.350% 09/28/21 04/26/24 2.32 0.434% $ 3,000,000.00 $ 2,993,520.00 FHLB Callable 3130AMV33 0.300% 06/29/21 04/29/24 2.33 0300% $ 3,000,000.00 $ 3,000,000.00 $ 13,000,000.00 FFCB Callable 3133ENCVC 0.670%. 11/02/21 05/02/24 2.34 0.670% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CCC3 0.250% 12/03/21 05/15/24 2.37 6.770% $ 3,000,000.00 $ 2,962,170.00 Treasury Note 91282CCC3 0.250% 08/23/21 05/15/24 2.37 0.375% $ 3,000,000.00 $ 2,989,860.00 $ 9,000,000.00 FHLB Callable 3130AMMM3 0.375% 06/03/21 06/03/24 2.42 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMLM2 0.375% 06/07/21 06/07/24 2.44 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKX9 0.400% 06/07/21 06/07/24 2.44 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKZ4 0.400% 06/10/21 06/10/24 2.44 0400% 5 3,000,000.00 $ 3,000,000.00 1of2 15 Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve Treasury Bill 912796H44 0.000% 05/27/21 05/19/22 Total Restricted Bond Reserve - adjusted forfair market value Restricted Cash - Landfill FL CLASS -Landfill Closure & Postdosure Reserves Total Pooled Cash & Equivalents Restricted Cash - Housing Account Total Portfolio Note: See separate Investment report for OPEB funds. 0.63 0.025% $ 1,100,000.00 2 oft $ 75,777.34 $1,099,593.00 $ 1,175,370.34 $ 7,495,232.58 $ 518,994,840.17 $506,500.20 $ 519,501,340.37 16 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date December 31, 2021 12/31/21 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow FHLB Callable 3130APYD1 0.900% 12/14/21 06/14/24 2.45 0.900% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMSFO 0.400% 07/01/21 06/28/24 2.49 0.471% $ 3,000,000.00 $ 2,993,700.00 $ 18,000,000.00 FHLB Callable 3130AMXQO 0.475% 07/12/21 07/12/24 2.53 0.475% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMZ88 0.520% 07/12/21 07/12/24 2.53 6.520% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CQ3 0.375% 10/08/21 07/15/24 2.54 0.500% $ 3,000,000.00 $ 2,989,710.00 5 9,000,000.00 Treasury Note 91282CCT6 0.375% 12/03/21 08/15/24 2.62 0.825% $ 3,000,000.00 $ 2,964,000.00 FHLB Callable 3130APQVO 1.000% 11/16/21 08/16/24 2.63 _.000% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APBS2 1.000% 11/23/21 08/23/24 2.65 =.000% $ 3,000,000.00 $ 3,000,000.00 $ 9,000,000.00 FHLB Callable 3130ANVAS 0.500% 09/10/21 09/10/24 2.70 0.500% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANRP7 0.500% 09/13/21 09/13/24 2.70 0.500% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 FHLB Callable 3130APAA3 0.555% 10/21/21 10/21/24 2.81 0.SS5% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ENCA6 0.700% 10/25/21 10/25/24 2.82 0.700% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 Sub Total- General Investments $ 303,000,000.00 $ 302,479,236.75 $ 303,000,000.00 Regions Bank Money Market $19,087,585.50 Regions Lockbox Accounts $2,943,389.75 TO Bank Checking Account $22,956,084.52 BankUnited Money Market $39,960,341.46 Valley National Bank Government Interest Checking $33,971,740.16 Marine Bank Business Money Market $8,228,437.44 Florida Trust Day to Day Fund $25,020,295.08 FL STAR $20,022,179.82 FL CLASS - BOCC Funds $35,654,946.77 Total General Cash & Equivalents - Unrestricted $ 510,324,237.25 Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve Treasury Bill 912796H44 0.000% 05/27/21 05/19/22 Total Restricted Bond Reserve - adjusted forfair market value Restricted Cash - Landfill FL CLASS -Landfill Closure & Postdosure Reserves Total Pooled Cash & Equivalents Restricted Cash - Housing Account Total Portfolio Note: See separate Investment report for OPEB funds. 0.63 0.025% $ 1,100,000.00 2 oft $ 75,777.34 $1,099,593.00 $ 1,175,370.34 $ 7,495,232.58 $ 518,994,840.17 $506,500.20 $ 519,501,340.37 16 Schedule 3 Indian River County Portfolio By Maturity Date December 31, 2021 $300,000,000 $265,008,437 $250,000,000 1 t $200,000,000 $160,702,990 $150,000,000 $100,000,000 $93,789,934 $50,000,000 3 _--_ $0 — — 0-12 Months 13-24 Months 25-36 Months Total Portfolio $519,501,340 17 FL STAR 3.85%l UT Reserve 0.23%- FL .23%- Treasury Notes>.l9.59% Regions Bank 4.25% Schedule 4 Indian River County Portfolio By Type December 31, 2021 FL CLASS 8.31 % BankUnited 7.70% FFCB 14.44% ,Valley Nall Bank 6.55% FPP— �TD Bank Checking 4.42% iFNMA 2.89% Marne Bank 1.58% FHLB 15.02% is Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending December 31, 2021 PURCHASES: Investment Description Yield to Maturity Purchase Date Call Date Maturity Date Par Amount Book Value FHLMC Bullet 0.286% 10/08/21 n/a 11/06/23 $ 3,000,000.00 $ 2,997,750.00 Treasury Note 0.500% 10/08/21 n/a 07/15/24 $ 3,000,000.00 $ 2,989,710.00 Treasury Note 0.405% 10/19/21 n/a 09/30/23 $ 3,000,000.00 $ 2,991,000.00 Treasury Note 0.547% 10/19/21 n/a 03/15/24 $ 3,000,000.00 $ 2,978,700.00 Treasury Note 0.572% 10/19/21 n/a 04/15/24 $ 3,000,000.00 $ 2,985,450.00 FHLMC Bullet 0.334% 10/20/21 n/a 06/26/23 $ 3,000,000.00 $ 2,995,770.00 FFCB Callable 0.340% 10/20/21 04/20/22 10/20/23 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 0.555% 10/21/21 01/21/22 10/21/24 $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 0.700% 10/25/21 n/a 10/25/24 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 0.212% 10/26/21 n/a 01/31/23 $ 3,000,000.00 $ 2,996,700.00 Treasury Note 0.311% 10/26/21 n/a 04/30/23 $ 3,000,000.00 $ 2,991,600.00 Treasury Note 0.275% 10/29/21 n/a 02/28/23 $ 3,000,000.00 $ 2,994,000.00 Treasury Note 0.501% 11/01/21 n/a 10/31/23 $ 3,000,000.00 $ 2,992,500.00 FFCB Callable 0.670% 11/02/21 05/02/22 05/02/24 $ 3,000,000.00 $ 3,000,000.00 FNMA Bullet 0.375% 11/12/21 n/a 05/22/23 $ 3,000,000.00 $ 2,994,300.00 FFCB Bullet 0.429% 11/16/21 n/a 07/14/23 $ 3,000,000.00 $ 2,984,940.00 Treasury Note 0.451% 11/16/21 n/a 07/31/23 $ 3,000,000.00 $ 2,983,380.00 Treasury Note 0.499% 11/16/21 n/a 10/15/23 $ 3,000,000.00 $ 2,978,700.00 Treasury Note 0.596% 11/16/21 n/a 01/15/24 $ 3,000,000.00 $ 2,969,700.00 FHLB Callable 1.000% 11/16/21 12/16/21 08/16/24 $ 3,000,000.00 $ 3,000,000.00 FNMA Callable 0.488% 11/18/21 08/18/22 08/18/23 $ 3,000,000.00 $ 2,992,770.00 FHLMC Bullet 0.505% 11/18/21 n/a 10/16/23 $ 3,000,000.00 $ 2,978,340.00 FNMA Bullet 0.367% 11/22/21 n/a 07/10/23 $ 3,000,000.00 $ 2,994,300.00 FHLMC Bullet 0.433% 11/22/21 n/a 08/24/23 $ 3,000,000.00 $ 2,990,400.00 FFCB Bullet 0.308% 11/23/21 n/a 01/25/23 $ 3,000,000.00 $ 2,995,500.00 Treasury Note 0.368% 11/23/21 n/a 03/31/23 $ 3,000,000.00 $ 2,990,160.00 FHLB Callable 1.000% 11/23/21 02/23/22 08/23/24 $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 0.398% 11/24/21 n/a 04/20/23 $ 3,000,000.00 $ 2,999,040.00 FHLMC Bullet 0.579% 11/24/21 n/a 11/06/23 $ 3,000,000.00 $ 2,980,890.00 FHLB Bullet 0.351% 12/03/21 n/a 03/17/23 $ 3,000,000.00 $ 2,991,300.00 FFCB Callable 0.503% 12/03/21 12/09/21 09/01/23 $ 3,000,000.00 $ 2,989,440.00 FFCB Bullet 0.578% 12/03/21 n/a 10/12/23 $ 3,000,000.00 $ 2,984,070.00 Treasury Note 0.770% 12/03/21 n/a 05/15/24 $ 3,000,000.00 $ 2,962,170.00 )Treasury Note 0.825% 12/03/21 n/a 08/15/24 $ 3,000,000.00 $ 2,964,000.00 ,Treasury Note 0.350% 12/13/21 n/a 01/31/23 $ 3,000,000.00 $ 2,992,380.00 (Treasury Note 0.445% 12/13/21 n/a 04/15/23 $ 3,000,000.00 $ 2,992,200.00 FHLB Callable 0.820% 12/14/21 03/14/22 03/14/24 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 0.900% 12/14/21 03/14/22 06/14/24 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 0.650% 12/29/21 06/29/22 12/29/23 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 0.750% 12/29/21 1 03/29/22 12/29/23 1 $ 3,000,000.00 $ 3,000,000.00 40 1 $ 120,000,000.0O -T$ 119,621,160.00 MATURITIES: Investment Descri tion Yield to Maturity Purchase Date Early Call Date Maturity Date Par Amount Book Value Treasury Bill 0.044% 02/26/21 10/07/21 $ 3,000,000.00 $ 2,999,200.92 FNMA Bullet 1.592% 11/05/19 10/07/21 $ 3,000,000.00 $ 2,987,700.00 FFCB Callable 0.170% 10/21/20 10/21/21 10/21/22 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 1.570% 12/19/19 10/31/21 $ 3,000,000.00 $ 2,978,430.00 Treasury Note 1.578% 11/21/19 10/31/21 $ 3,000,000.00 $ 2,981,250.00 FFCB Bullet 1.643% 11/25/19 1 11/08/21 $ 3,000,000.00 $ 2,996,250.00 6 1 $ 18,000,000.00 $ 17,942,830.92 Reconciliation of General Investments Only: Beginning portfolio (9/30/21) $ 200,800,907.67 Total purchased 40 securities $ 119,621,160.00 Total matured 6 securities $ 17,942,830.92 Ending portfolio for quarter (12/31/21) $ 302,479,236.75 19 1 of October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years December 31, 2021 $ 18,257,137 Fiscal Year 2019-2020 Fiscal Year 2016-2017 Month End Bal" Net Chane $ 370,053,869 Month End Bal" $ (6,856,660) $ 314,462,401 $ 29,862,090 $ 344,324,491 $ 37,277,098 $ 381,601,589 $ (931,868) $ 380,669,721 $ (2,015,776) $ 378,653,945 $ 442,916 $ 379,096,861 $ (2,740,420) $ 376,356,441 $ (4,378,477) $ 371,977,964 $ (6,628,797) $ 365,349,167 $ (10,868,408) $ 354,480,759 $ (9,027,471) $ 345,453,288 $ 5,877,090 $ 339,576,198 $ 18,257,137 Fiscal Year 2019-2020 Net Chane Month End Bal" $ (9,260,244) $ 370,053,869 $ 39,158,339 $ 409,212,208 $ 47,023,081 $ 456,235,289 $ (6,941,131) $ 449,294,158 $ (1,465,745) $ 447,828,413 $ (5,997,667) $ 441,830,746 $ (5,331,833) $ 436,498,913 $ (10,937,819) $ 425,561,094 $ (13,546,695) $ 412,014,399 $ (3,248,804) $ 408,765,595 $ (7,041,321) $ 401,724,274 $ 10,163,806 $ 391,560,468 12,246,355 Fiscal Year 2017-2018 Net Chane Month End Bal` $ (7,971,324) $ 331,604,874 $ 33,131,597 $ 364,736,471 $ 41,846,074 $ 406,582,545 $ (5,758,898) $ 400,823,647 $ 5,191,358 $ 406,015,005 $ (4,784,411) $ 401,230,594 $ 1,577,951 $ 402,808,545 $ (6,945,787) $ 395,862,758 $ (9,710,169) $ 386,152,589 $ (2,464,004) $ 383,688,585 $ (8,022,779) $ 375,665,806 $ 6,810,637 $ 368,855,169 $ 29,278,971 Fiscal Year 2020-2021 Net Chane $ 302,966 Month End Bal" $ (8,561,737) $ 382,998,731 $ 39,238,741 $ 422,237,472 $ 57,117,548 $ 479,355,020 $ (6,119,043) $ 473,235,977 $ 12,395,392 $ 485,631,369 $ (12,127,894) $ 473,503,475 $ (9,006,651) $ 464,496,824 $ 295,126 $ 464,791,950 $ (5,748,174) $ 459,043,776 $ (11,764,390) $ 447,279,386 $ (11,517,721) $ 435,761,665 $ 7,438,252 $ 428,323,413 $ 36,762,945 10,458,944 Fiscal Year 2021-2022 Fiscal Year 2018-2019 $ 302,966 Net Chane Month End Bal' $ (6,577,674) $ 362,277,495 $ 48,128,205 $ 410,405,700 $ 31,350,078 $ 441,755,778 $ (9,877,034) $ 431,878,744 $ 2,964,540 $ 434,843,284 $ (2,750,051) $ 432,093,233 $ (3,802,746) $ 428,290,487 $ (8,379,243) $ 419,911,244 $ (9,758,699) $ 410,152,545 $ (13,728,763) $ 396,423,782 $ (11,767,333) $ 384,656,449 $ 5,342,336 $ 379,314,113 10,458,944 Fiscal Year 2021-2022 Net Chane Month End Bal' $ 302,966 $ 428,626,379 $ 63,526,149 $ 492,152,528 $ 25,611,495 $ 517,764,023 89,440,610 'Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes health insurance bank accounts utilized by Florida Blue and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 20 c°v � OZ❑iii�¢���¢m OZ❑i�i�¢��-'¢'ip OZO E,or Y�� S cm Q(O V -I N eeeeeee9gee meeoexeeeeee eee aEi �� ����.-oc00000 eoo ooe 000000 000 000 vmOV� NeA�eeeeeeee eeeeeeeeeeee eee th'L'? •-ommm�t�"hNorn muni iia c`S'im ANN VG thoN� . ee-N ggwqwwwwwwww NNNN����ssmA wwwwwwwwwwww m www eeeeeeeeeeee eeeeeeeeeeee eee z � �i NNNNNNN NN NNN ui ooaaoosssss NOOo 0O 0O 00000000000000 000 W ` ❑W N N N N N N N N N N N N w H w w H w H H N w w w N ...... w w .... w w N a e e e e e e e eee a ssossss e e e 0000c000aoo soa 000 N N N LL .w wwwwwwwwwwq www eeeeeeeee ��moo�000 eeeeeeeeeeee oBSsobS$o eee ^' - -00000 000000o00o00 000 m C W rp f0 NnNCmiOY Iwh lh Oto g wN ....... Ih�QPCOIN� m�MtwO t0 wwgNwqwwq w .. 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T. 0 m -wt aDO NN .m w m....... n u�r h _N m C W th wwwwwwwwwwww Hwwwwwwwwwww www eeeeeeee O � CI CI CI CI CI CI CI m q � U C W rN�� QNnOt OOC10 N roOth eeeeeeeeeeee 000000 eeeeeeeeeeee 000000000000 eee 000 Y a in }'p_to�vuni B io.� °`Sma��i� ~ C�C�t�h .. ......... i i Y V N rNcPi � t W eNeeeeeQeeee om m1 ro eeexeeeee�ee eee n [V NN ------- m Ov�vt clm ----0o o �G000 000 ¢ `d wo o mm��� OO m .-NA ON�mN_n �O Nr'm e ww0 _ " 2w.V _ _NsnNONi tmp> i p i p H V O V t h m N N N N ------ W oNDNN wwgww bn Ot � OZ❑iii�¢���¢m OZ❑i�i�¢��-'¢'ip OZO E,or Y�� S cm Q(O V -I N Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of December 31, 2021 General Fund Special Revenue Funds Debt Service Funds Capital Project Fund Solid Waste Fund Golf Course Fund Building Fund Utilities Funds Fleet Fund Insurance Funds Information Technology Fund Fiduciary Fund Total Investments Pooled Investments $ 121,033,432 $ 138,130,143 $ 711,718 $ 93,086,216 $ 38,107, 379 $ 1,744,910 $ 6,665,621 $ 84,943,856 $ 140,347 $ 29,807,274 $ 2,605,113 $ 788,014 $ 517,764,023 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Excludes Section 8 HUD bank account. Schedule does not include OPEB investments - see separate report. W JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: March 3, 2022 SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 12/31/21 BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Traffic Education Program Trust Fund (our Fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine. Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee was effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund driver education programs in public and nonpublic schools". Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. As of December 31, 2021, the balance in the Fund is $189,587. The Clerk's office will continue to provide a quarterly report of the traffic education trust activity. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. 23 d C m m LL C •d v E m m . a LL U O T C d C m C W O 00 U i c w CL m W C y H C d d O C E m y 1I m L U co 0 T m O N �i J c m LU a W N m. C)c W fC O p U ~ U) IRV N c0 d T O T 0 c m M r CC 4 m m O ^ ro O C Z m y m p m U O H a u H U > a"i 10- d C •' c c iii= wa' z LL LL c» e» c» N M M 0 0 N r N N N N N N h C O to O r UJ N COO �N LL p fV fA fA M V a CD N p N N CO M 0 M V r r N N lO0 N 100 M � N LLo� o � � to to Clf O N O N h r- O N Cl! tq H_ N N N 100 U N N N O M � O M O p1 � Vi fA COO O 0000 v V M w O O O O N f`O')_ O 10 10 N N N M t0 tD V t N a0 O LL O O Q ID O r o M N N O) 100 O V O V a r 10 N M 0 0 of o v a � m tri LL O M O � � E0 fA Yd r C M Ln V R N M n N N N 1O0 (00 m M M M 1! fO0 LL O M O p1 O d d O O V M r M 0 to V N (O0 (Op M M LL O M om tO mu°'iv MM rn O O N (O N CO t` (O n to N 0 O N N M M N M O M O p1 � V3 to M � N V n r M O r t0 t0 t0 cD R (O t0 a t` r O N N LL o o � e» r» N M M O 0 R V M r M N N N O N N p N LL C O p1 � Vi EA M N D N O N S M Cn M (P 10 M r` O N N O m M N N LL O M O p1 � f9 fA N O O O p n N O O) O V O M V M 1y N N N M C6 05 M M O O M > O 1I m L U co 0 T m O N �i J c m LU a W N m. C)c W fC O p U ~ U) IRV N c0 d T O T c m C O C j CC m W m m m C Z m y m U) m ZLu m a u H U > a"i 10- d a .0 c c iii= wa' z LL LL 1I m L U co 0 T m O N �i J c m LU a W N m. C)c W fC O p U ~ U) IRV N / , TO: Board of County Commissioners FROM: Edward Halsey, Internal Audit Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: March 3, 2022 SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 12/31/2021 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in the Clerk's office for quarters ended December 31, 2020 and 2021. The report shows five categories of activity including short-term rentals. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. 25 �o N y 10 �o et M M � N �o In q- U ^y N l- ll- vi 00 as y y N 04 4M V� Vl N Qj Lei 00 N h M t,N a C7 y N M H fig 69 69 69 69 69 e �N0a, C0O 0 po M Ci O O N 00 O 00 l- IT N o' IT r- M cn d O M IC N O N aW N ..r v� sus O O O O O O vl �O V1 O e p 0 IO 00 O O F 00 00 O O N O �., M to O 0 p 00 .-+ O as N yd b O N 00 l O y N O 00 !�' �O d' M W N �3 RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Mary Jane Vreeland; Planner, Current Development DATE: March 8, 2022 SUBJECT: D. R. Horton, Inc.'s Request for Final Plat Approval for the Cove at Falcon Trace PD Plat 2 [PD -14-07-06 / 2001050202-90100] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 15, 2022. DESCRIPTION & CONDITIONS: On June 26, 2014, the Planning & Zoning Commission granted preliminary PD plan/plat approval for the Cove at Falcon Trace PD, which contains 258 total lots on 135.24 acres in three phases. On December 18, 2018, the Board of County Commissioners granted final plat approval for the first phase of the project (Plat 1). The Cove at Falcon Trace PD Plat 2 consists of the second and third (combined) phases of the overall planned development project. and is the final phase of the project. The subject plat consists of 107 lots on 59.12 acres. The Plat 2 area is located immediately west of 20th Avenue SW, running from 21' Street SW to 25th Street SW. The site is zoned RS -6, Residential Single -Family (up to 6 units/acre), has an L-2, Low -Density Residential -2 (up to 6 units/acre) land use designation, and will have an overall residential density of 1.9 units per acre. The applicant is now seeking final plat approval for the final phase (Plat 2) of the overall PD project. After preliminary PD plan/plat approval, the developer obtained a land development permit, constructed all required subdivision improvements, and obtained a Certificate of Completion from Public Works. The applicant has submitted a final plat in general conformance with the approved preliminary PD plan/plat, and now requests that the Board of County Commissioners grant final plat approval for the Cove at Falcon Trace PD Plat 2. ANALYSIS: All of the required improvements for the Cove at Falcon Trace PD Plat 2 have been completed and inspected, and a Certificate of Completion was issued on February 22, 2022. All improvements (stormwater tracts, landscape tracts, roadways) will be private, with the exception of certain utility 27 facilities which will be dedicated to and guaranteed to Indian River County after plat recordation as required by the Utility Services Department. All requirements of final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Cove at Falcon Trace PD Plat 2. ATTACHMENTS: 1. Location Map 2. 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'0£3 wn Iz � 4 0 4 S 16'i n� 0 9COd 3Nf1 o• zz- I< O u n U z 0 �B 0� �a 0 o= U v as 4i 2 N z W CONSENT 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: Michael L. Heller, Project Specialist SUBJECT: Award of Bid No: 2022026 Jackie Robinson Training Complex Ticket Office Building Renovations IRC -2020 DATE: March 4, 2022 DESCRIPTION AND CONDITIONS On May 6, 2021, Edlund, Dritenbas, Binkley and Associates, P.A. (EDB) was tasked to provide architectural services for interior renovations to the Jackie Robinson Training Complex Ticket Office building that include drywall replacement, wall relocations, removal and replacement of selected floor coverings, ceiling grid and tiles, as well as plumbing upgrades. Following EDB's completion of design for the renovation, the project was advertised and a bid opening was held on February 16, 2022. Four (4) bids were received and opened for the project. A detailed tabulation of the bids is on file and available for viewing in the County Engineering Division. The two (2) responsive bidders and their respective bids are as follows: COMPANY BID De La Hoz Builders, Inc. Fellsmere, FL $413,790.34 Gibraltar Construction Co. Inc. Annapolis, Maryland $2,017,000.00 Proctor Construction, Inc. Vero Beach, FL $407,388.52 ** MGM Contracting, Inc. Cocoa, FL. $643,742.00 ** * Denotes mathematical errors on bid form corrected. ** Denotes bidders were determined to be non-responsive and therefore disqualified for failure to provide unit prices per the bid instructions. Proctor Construction, Inc. filed a protest of the disqualification of their bid for failure to provide unit prices, as required by several sections of the bid instructions and the bid form. This protest was denied by the Purchasing Manager on February 25, 2022. Should Proctor have requested an appeal of this decision, notification must have been made by March 4, 2022. No appeal has been received. The protest memos are available for review in the Purchasing Division. 38 De La Hoz Builders, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $413,790.34. This bid is $106,209.66 below the engineer's cost estimate of $520,000.00. Upon review of their bid and qualifications County Staff, in coordination with Edlund, Dritenbas, Binkley and Associates, P.A. has determined that De La Hoz Builders, Inc. has successfully completed similar construction projects. FUNDING Funding in the amount of $413,790.34 is budgeted in Optional Sales Tax/Facilities Management/JRTC Improvements/Account No. 31522019-066511-17003. ECOMMENDATION Staff recommends that the Board award bid 2021010 to De La Hoz Builders, Inc. in the amount of $413,790.34. Staff also recommends the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Certificate of Insurance by the Risk Manager, confirmation of De La Hoz Builders, Inc. enrollment in the e -verify database, and after the County Attorney has approved the Public Construction Bond and agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement APPROVED AGENDA ITEM FOR March 15, 2022 39 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Paqe ARTICLE1 - WORK................................................................................................................................2 ARTICLE2 - THE PROJECT..................................................................................................................2 ARTICLE3 — ENGINEER........................................................................................................................ 2 ARTICLE 4 - CONTRACT TIMES......................................................................................................... 2 ARTICLE 5 - CONTRACT PRICE.......................................................................................................... 3 ARTICLE 6 - PAYMENT PROCEDURES............................................................................................. 3 ARTICLE 7 - INDEMNIFICATION........................................................................................................4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS..................................................................... 4 ARTICLE 9 - CONTRACT DOCUMENTS............................................................................................ 6 ARTICLE 10 - MISCELLANEOUS......................................................................................................... 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY) 40 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 consists of rebuilding walls that have been demolished during mold remediation activities, interior upgrades for ADA accessibility, and additional mold remediation. The project shall provide a "turn key ready to occupy facility" upon completion. The main improvements include drywall removal, replacement and finishing, wall relocations, removal and replacement of floor coverings, removal and replacement of ceiling grid and tiles, replacement of plumbing, fixtures, tile work in showers and restrooms, grading and landscaping improvements. 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: JACKIE ROBINSON TRAINING COMPLEX TICKET OFFICE BUILDING RENOVATIONS County Project Number: IRC -2020 Bid Number: 2022026 Project Address: 4007 26TH Street, Vero Beach, FL 32960 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 as stated in the Contract Documents are of the essence of the Contract. 41 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 120 calendar day after the date when the Contract Times commence to run 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 150 calendar day after the date when the Contract Times commence to run. 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. 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 $1,694.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion 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 $1,694.001 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. 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: 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. 1 Reference for liquidated damages amount: "Standard Specifications for Road and Bridge Construction", Florida Department of Transportation, January 2022, Section 8-10.2, page 98, for projects of $500,000 but less than $2,500,000. The actual liquidated damages amount will be based on the actual contract award amount and will be determined using the referenced Florida Department of Transportation criteria 6.02 Progress Payments. 42 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 the 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 are 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. 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 and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 43 C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (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 Work 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. 1. 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 the Work. K. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.aov) 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 00520-9, 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 the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 00700-1 to 00700-44, inclusive); 10. Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet and sheets numbered ABB through AA=9, inclusive, with each sheet bearing the following general title: JACKIE ROBINSON TRAINING COMPLEX TICKET BU'LDING REMODEL 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permit 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1); 17. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive); 18. List of Subcontractors (page 00458-1); 19. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 20. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 21. 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; 45 b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 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 responsioility 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 close 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. 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. 46 (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 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 pu bl icrecords(a-_)i rcgov.com Indian River County Office of the County Attorney 1801 27' Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 47 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (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 By: Peter D. O'Bryan, Chairman M Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: as Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: James W. Ennis, P.E., PMP Title: Assistant Public Works Director 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 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 * * INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM ♦1 TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Approval of FWC Grant for Indian River County Derelict Vessel Removal Project DATE: March 3, 2022 DESCRIPTION AND CONDITIONS The Florida Fish and Wildlife Conservation Commission (FWC) has awarded Indian River County a $34,300.00 Bulk Derelict Vessel Removal Grant to cover the costs associated with the removal and disposal of six (6) derelict vessels from the Indian River Lagoon within the jurisdictional boundaries of Indian River County. Officers from FWC have investigated the vessels and determined the vessels as derelict in accordance with sections 705.101 (3) and 823.11, Florida Statutes. The derelict designation from FWC allows the County to have the vessels removed and disposed of, improving boating safety and removing these hazards to navigation and the environment. FWC is preparing the grant agreement (Agreement No. 21255) and will forwarded it to the County for review and execution upon completion. Outlaw Maritime, LLC (formerly known as CCNK, LLC) has been the County's contractor in prior derelict vessel removal projects, and has done so adhering to FWC's Best Management Practices for derelict vessel removal. Outlaw Maritime, LLC has provided a cost proposal to the County of $34,300.00 to remove all six (6) currently identified derelict vessels following the same protocols as previous removal tasks. FUNDING The cost to remove and dispose of the six (6) derelict vessels totals $34,300.00. The FWC Grant will provide the County with 100% reimbursement of the associated costs not to exceed $34,300.00. This task is budgeted for in the Florida Boating Improvement Program — Other Contractual Service Account #13321072-033490. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute Agreement 21255 in the amount of $34,300.00 on behalf of the County upon receipt. ATTACHMENTS FWC Grant Sample Agreement IRC DV Removal Map Grant Form APPROVED AGENDA ITEM FOR: March 15, 2022 49 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AGREEMENT No. 20XXX CFDA Title(s): N/A CFDA No(s).: N/A Name of Federal Agency(s): N/A Federal Award No(s): N/A Federal Award Year(s): N/A Federal Award Name(s): N/A CSFA Title(s).: Derelict Vessel Removal Grant CSFA No(s).: 77005 State Award No(s).: 20XXX State Award Year(s): 2020-2021 State Award Name(s): XXX This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and XXXXXX, FEID # 59-6000, whose address is XXXXXX, hereinafter "Grantee." WHEREAS, the Commission and Grantee have partnered together to remove derelict vessels from the waters of the state; and, WHEREAS, Grantee has been awarded Bulk Derelict Vessel Removal Grant #20XXX; and, WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. Now THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as follows: 1. PROJECT DESCRIPTION. The Grantee shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof (hereafter, Scope of Work). The Scope of Work specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this agreement is the result of Grantee responses to the Commission's request for competitive or other grant proposals, the Grantee's response is hereby incorporated by reference. 2. PERFORMANCE. 50 The Grantee shall perform the activities described in the Scope of Work in a proper and satisfactory manner. Unless otherwise provided for in the Scope of Work, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Grantee. Grantee shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Grantee shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation; the Grantee shall provide evidence of such compliance to the Commission upon request. The Grantee shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Grantee warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good -faith performance as a responsible Grantee. Grantee shall immediately notify the Commission's Grant Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement pursuant to Paragraph eight (8) below, in the event the Grantee's ability to perform under this Agreement becomes compromised. 3. AGREEMENT PERIOD. A. Agreement Period and Commission's Limited Obligation to Pay. This Agreement is made pursuant to a grant award and shall be effective upon execution by the last Party to sign and shall remain in effect through select end date. However, as authorized by Rule 68-1.003, F.A.C., referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. For this agreement, the retroactive start date was not approved. The Commission's Grant Manager shall confirm the specific start date of the Agreement by written notice to the Grantee. The Grantee shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this agreement, pre -award costs are not eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $0000000. B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks identified in Attachment A, Scope of Work, as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission's Grant Manager identified in Paragraph ten (10), below. Unless otherwise specified in the Scope of Work, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in the Scope of Work, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only reimburse the Grantee for allowable costs resulting from obligations incurred during the agreement period specified in Paragraph three (3). 51 C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission's Grant Manager identified in Paragraph ten (10), below. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Grantee acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match. Pursuant to grant program guidelines, the Grantee is not required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A, Scope of Work. E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be reimbursed in accordance with Section 112.061, F.S. F. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission's Grant Manager shall notify the Grantee in writing at the earliest possible time if funds are not appropriated or available. G. Non -Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that under non-competitive procurements, a Grantee may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Grantee warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, unless the Scope of Work specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a Grantee due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. I. Electronic Funds Transfer. Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: https://www.myfloridacfo.comDivision/AANendors/default.htm Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. 52 J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342- 2762. 5. RETURN OR RECOUPMENT OF FUNDS. A. Overpayment to Grantee. Pursuant to Section 215.971(1)(e) &(f), F.S., the Grantee shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Grantee by the Commission. In the event the Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event the Commission first discovers an overpayment has been made, the Commission will notify the Grantee in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Grant Manager and made payable to the "The Florida Fish and Wildlife Conservation Commission". B. Additional Costs or Monetary Loss Resulting from Grantee Non -Compliance. If the Grantee's non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Grantee under this Agreement or any other agreement between Grantee and the Commission. In the event the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Grantee and the Commission, the Grantee will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Grantee is unable to repay any cost or loss to the Commission, the Commission shall notify the State of Florida, Department of Financial Services, for resolution pursuant to Section 17.0415, F.S. 6. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. A. Commission Exempt from Taxes. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. Grantee is placed on notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission Grant Manager. B. Property Exempt from Lien. If the Grant involves the improvement of real property titled to the State of Florida, then the following paragraph applies: The Grantee acknowledges that Property being improved is titled to the State of Florida and is not subject to lien of any kind for any reason. The Grantee shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. 53 7. MONITORING. The Commission's Grant Manager shall actively monitor the Grantee's performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and conditions are found in Attachment B, Audit Requirements. Additionally, monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work. 8. TERMINATION. A. Commission Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits. The Grantee may request termination of the Agreement for convenience. B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Grantee with written notice of termination. C. Termination — Other. The Commission may terminate this Agreement if the Grantee fails to: 1.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences for default. The rights and remedies ofthe Commission in this clause are in addition to any other rights and remedies provided by law or under the Agreement. The Grantee shall not be entitled to recover any cancellation charges or lost profits. D. Termination - Funds Unavailability. In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) hours' notice in writing to the Grantee. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement to another program thus causing "lack of funds." In the event of termination of this Agreement under this provision, the Grantee will be compensated for any work satisfactorily completed and any non - cancellable obligations properly incurred prior to notification of termination. E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section, property belonging to the Commission shall include, but shall not be limited to, all books and records kept on behalf of the Commission. 9. REMEDIES. A. Financial Consequences. In accordance with Sections 215.971(1)(a) &(b), F.S., Attachment A, Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Grantee fails to produce each deliverable within the time 54 10. 11. 12. frame specified by the Scope of Work, the budget amount allocated for that deliverable will be deducted from the Grantee's payment. In addition, pursuant to Section 215.971(1)(c), the Commission shall apply any additional financial consequences, identified in the Scope of Work. B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in addition to any other rights and remedies provided by law or under the Agreement. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that either Party designates a different Grant Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone and fax numbers, and email address of the newest Grant Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after the new Grant Manager has been named. A designation of a new Grant Manager shall not require a formal amendment to the Agreement. FOR THE COMMISSION: FOR THE GRANTEE: Grant Manager Grant Manager Phil Horning Derelict Vessel Program Manager Fish and Wildlife Conservation Commission 620 S. Meridian Street, Room 235I Tallahassee, Florida 32399 (850) 617-9540 Direct (850) 488-9284 Fax Phil.Homing@MyFWC.com AMENDMENT. A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to this Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Grantee's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. PROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, OMB Uniform Guidance (2 CFR 200), and any language addressing Federal rights, apply. 55 A. Intellectual and Other Intangible Property. L Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in the Attachment A, Scope of Work, intellectual and other intangible property rights to the Grantee's preexsting property will remain with the Grantee. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Grantee under this Agreement for the Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Agreement is supported by federal funds, the federal awarding agency reserves a royalty - free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. B. Purchase or Improvement of Real Property This agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. i. Federal Funds. Any Federal funds provided for the purchase of or improvements to real property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329, OMB Uniform Guidance (2 CFR 200), as amended. ii. Title. If this agreement is supported by state funds, the Grantee shall comply with Section 287.05805, F.S. This section requires the Grantee to grant a security interest in the property to the State of Florida, the type and details of which are provided for in Attachment A, Scope of Work. Title to state-owned real property remains vested in the state. Title to federally -owned real properly remains vested in the Federal government in accordance with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended. iii. Use. Federally -owned real property will be used for the originally authorized purpose as long as needed for that purpose in accordance with Section 200.311, OMB Uniform Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment A, Scope of Work. C. Non -Expendable Property. The following provisions apply to the extent that the grant allows the acquisition of non -expendable property. L Non -Expendable Property Defined. For the requirements of this section of the Agreement, "non -expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non- consumable and non -expendable nature, with a value or cost of $1,000.00 or more, and a normal expected life of one (1) year or more; hardback -covered bound books that are circulated to students or the general public, with a value or cost of $25.00 or more; and uncirculated hardback -covered bound books, with a value or cost of $250.00 or more). ii. Title to Non -Expendable Property. Title (ownership) to all non -expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A, Scope of Work. D. Equipment and Supplies. The following provisions apply to the extent that the grant allows the acquisition of equipment and supplies. i. Title - Equipment. Title to equipment acquired under a Federal award will vest upon acquisition in the non -Federal entity in accordance with Sections 200.313 and 200.314, OMB Uniform Guidance (2 CFR 200). ii. Title — Supplies. Title to supplies will vest in the non -Federal entity upon acquisition. Unused supplies exceeding $5,000.00 in total aggregate value upon termination or completion of the project or program are subject to Section 200.314, OMB Uniform Guidance. iii. Use — Equipment. Equipment must be used by the non -Federal entity in the program or project for which it was acquired as long as needed. 13. RELATIONSHIP OF THE PARTIES. A. Independent Grantee. The Grantee shall perform as an independent grantee and not as an agent, representative, or employee of the Commission. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Grantee and the Commission. B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Grantee shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Grantee. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's other requirements. Such refusal shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Commission, in coordination with the Grantee, may reject and bar from any facility for cause any of Grantee's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Grantee. 57 E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the Commission in all such cases. 14. SUBCONTRACTS. A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. The Grantee shall ensure, and provide assurances to the Commission upon request, that ar_y subcontractor selected for work under this Agreement has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Agreement. The Grantee must provide the Commission with the names of any subcontractor considered for work under this Agreement; the Commission in coordination with the Grantee reserves the right to reject any subcontractor. The Grantee agrees to be responsible for all work performed and all expenses incurred with the project. Any subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Grantee further agrees that the Commission shall not be liable to the extent allowed by law, to any subcontractor for any expenses or liabilities incurred under the subcontract and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, Grantee agrees to make payments to the subcontractor upon completion of work and submitted invoice in accordance with the contract between the Grantee and subcontractor. Failure to make payment pursuant to any subcontract will result in a penalty charged against Grantee and paid to the subcontractor in the amount of one-half of one percent (0.50%) of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due. C. Commission Right to Reject Subcontractor Employees. The Commission in coordination with Grantee shall retain the right to reject any of the Grantee's or subcontractor's employees whose qualifications or performance, in the Commission's judgment, are insufficient. D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A above, the Grantee agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venture, or partner of the State of Florida. 15. MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award. A. Disclosure of Interested State Employees and Conflict of Interest. This Agreement is subject to Chapter 112, F.S. Grantee shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. If the Agreement includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform Guidance (2 CFR 200). Grantee must disclose, in writing, any potential conflict of interest to the Commission in accordance with applicable Federal awarding agency policy. B. Convicted Vendors. Grantee hereby certifies that neither it, nor any person or affiliate of Grantee, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Grantee shall have a continuing obligation to disclose, to the Commission, in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the convicted vendors list maintained by the Florida Department of Management Services pursuant to Section 287.133(3)(d), F.S. i. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a Grantee, 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, F.S., for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, suspended, discriminatory and federal excluded parties, as well as the vendor complaint list at: http://www.dms.myflorida.com/business operations/state purchasin vendor informatio n/convicted suspended discriminatory complaints vendor lists ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission, in writing, within thirty (30) days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. iii. Vendors on Scrutinized Companies Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Commission may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. D. Discriminatory Vendors. Grantee shall disclose to the Commission, in writing, if they, their subrecipient, contractor, or subcontractor, are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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." Section 287.134(2)(a), F.S. Grantee has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. E. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to the Commission's Grant Manager, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the Grantee's ability to perform under this agreement. If the existence of such Proceeding causes the Commission concern that the Grantee's ability or willingness to perform the Agreement is 59 jeopardized, the Grantee may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Grantee will be able to perform the Agreement in accordance with its terms and conditions; and, b.) Grantee and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. F. Certain Violations of Federal Criminal Law. If this agreement includes a Federal award, then in accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Grantee must disclose, in a timely manner, in writing to the Commission all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. 16. INSURANCE. The Grantee warrants and represents that it is insured, or self-insured for liability insurance, in accordance with applicable state law and that such insurance or self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 17. SPONSORSHIP. As required by Section 286.25, F.S., if any recipient, subrecipient, contractor or subcontractor under this grant is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Grantee's organization. Additional sponsorship requirements may be specified in Attachment A, Scope of Work. 18. PUBLIC RECORDS. A. All records in conjunction with this Grant shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F.S. B. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Grantee in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. C. If the Grantee meets the definition of "Contractor" in Section 119.0701(1)(a) F.S., the Grantee shall comply with the following: i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850-488-65539 RecordsCustodian(a-myfwc.com, and 620 South Meridian Street, Tallahassee FL 32399. 60 ii. Keep and maintain public records required by the Commission to perform the service. iii. Upon request from the Commission's custodian of public records, provide the Commission 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, F.S. or as otherwise provided by law. iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the Commission. v. Upon completion of the contract transfer, at no cost, to the Commission all public records in possession of the Contractor or keep and maintain public records required by the Commission to perform the service. If the Contractor transfers all public records to the Commission 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 Commission, upon request from the Commission's custodian of public records, in a format that is compatible with the information technology systems of the Commission. 19. COOPERATION WITH INSPECTOR GENERAL. Pursuant to subsection 20.055(5), F.S., Grantee, and any subcontractor to the Grantee, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility. Such information may include, but shall not be limited to, the Grantee's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Grantee agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Grantee's compliance with the terms of this or any other agreement between the Grantee and the State which results in the suspension or debarment of the Grantee. Such costs shall include but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 20. SECURITY AND CONFIDENTIALITY. The Grantee shall not divulge to third parties any clearly marked confidential information obtained by the Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Grant work. To ensure confidentiality, the Grantee shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Grant. 21. RECORD KEEPING REQUIREMENTS. A. Grantee Responsibilities. The Grantee shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. B. State Access to Grantee Books, Documents, Papers, and Records. The Grantee shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State 61 of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Grantee's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. C. Grantee Records Retention. Unless otherwise specified in the Scope of Work, these records shall be maintained for five (5) fiscal years following the close of this Agreement, or the period required for this particular type of project by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library-archives/records- management/general-records-schedules/), whichever is longer. Grantee shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Grantee Responsibility to Include Records Requirements — Subcontractors. In the event any work is subcontracted under this Agreement, the Grantee shall include the aforementioned audit and record keeping requirements in all subsequent contracts. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: http://www.USASpendiniz.gov. Grant recipients awarded anew Federal grant greater than or equal to $25,000.00 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. 22. FEDERAL AND FLORIDA SINGLE AUDIT ACT REQUIREMENTS. Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Grantee has been determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200), the Grantee may be subject to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Grantee shall comply with the audit requirements outlined in Attachment B, "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. 23. FEDERAL COMPLIANCE. As applicable, Grantee shall comply with all federal laws, rules, and regulations, including but not limited to: A. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). B, Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants that have been illegally taken, possessed, transported or sold. 62 C. Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. D.. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of such bird. E. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits any action that cause a "taking" of any listed species of endangered fish or wildlife. Also, generally prohibited are the import, export, interstate, and foreign commerce of listed species. 24. FEDERAL FUNDS. No Federal Funds are applied to this Agreement, therefore, the following terms and conditions do not apply. A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Grantee is not authorized to expend any federal funds under this Contract to a federal agency or employee without the prior written approval of the awarding federal agency. B. Equal Employment Opportunity. Executive Order 11246 of September 24,1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). Applicable, except as otherwise provide under 41 CFR Part 60, to any grant, contract, loan, insurance, or guarantee involving Federal assisted construction. C. Davis -Bacon Act. The Davis -Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5. Applicable to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000.00 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Under this Act, contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. D. Copeland "Anti -Kickback Act. The Copeland "Anti -Kickback" Act, 40 U.S.C. 3141-3148, and 3146-3148, as supplemented by Department of Labor regulations (29 CFR Part 5). Applicable to contracts awarded by a non -Federal entity in excess of $100,000.00 that involve employment of mechanics or labors. Under this Act, contractors and subrecipients are prohibited from inducing, by any mean, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. E. Contract Work Hours and Safety Standards Act. Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). Applicable to construction contracts awarded by Contractors and subcontractors in excess of $2,000.00, and in excess of $2,500.00 for other contracts which involve the employment of mechanics or laborers. Under this Act, contractors and subcontractors must compute wages of mechanics and laborers (workers) on the basis of a standard forty (40) hour work week; provide workers no less than time and a half for hours worked in excess of the forty (40) 63 hour work week; and not require workers to work in surroundings or work conditions that are unsanitary, hazardous, or dangerous. F. Rights to Inventions Made Under a Contract or Agreement. 37 CFR Part 401. If the Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under the "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. G. Energy Efficiency. 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 (Pub. L. 94-163, 89 Stat. 871). H. Debarment and Suspension Contractor Federal Certification. In accordance with Federal Executive Order 12549 and 2 CFR Part 1400 regarding Debarment and Suspension, the Grantee certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. I. Prohibition against Lobbying. i. Grantee Certification — Payments to Influence. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. The Grantee also certifies that they have not engaged any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the Grantee with respect to this Contract and its related federal contract, grant, loan, or cooperative agreement; or, if the Grantee has engaged any registrant with respect to this Contract and its related Federal contract, grant, loan, or cooperative agreement, the Grantee shall, prior to or upon execution of this Contract, provide the Commission Contract Manager a signed declaration listing the name of any said registrant. During the term of this Contract, and at the end of each Calendar quarter in which any event occurs that materially affects the accuracy of this certification or declaration, the Grantee shall file an updated declaration with the Commission's Contract Manager. If any non-federal funds are used for lobbying activities as described above in connection with this Contract, the Grantee shall submit Standard Form -LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. ii. Grantee — Refrain from Subcontracting with Certain Organizations. Pursuant to the Lobbying Disclosure Act of 1995, the Grantee agrees to refrain from entering into any subcontracts under this Contract with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, 64 and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. J. Compliance with Office of Management and Budget Circulars. As applicable, Grantee shall comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). K. Drug Free Workplace. Pursuant to the Drug -Free Workplace Act of 1988, the Grantee attests and certifies that the Grantee will provide a drug-free workplace compliant with 41 U.S.C. 81. 25. CONTRACT -RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the performance of this Contract is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from [PRIDE] in the same manner and under the same procedures set forth in Subsections 946.515(2) and (4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at httn://www.pride-enteEprises.org. B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this Contract is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following statement applies: It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this contract, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. C. Procurement of Recycled Products or Materials. Grantee agrees to procure any recycled products or materials which are the subject of or are required to carry out this Contract in accordance with Section 403.7065, F.S. 26. PROFESSIONAL SERVICES. 65 A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this Agreement is for the acquisition of professional architectural, engineering, landscape architectural, or registered surveying and mapping services, and is therefore subject to Section 287.055, F.S., the following provision applies: The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this contract. B. Termination for Breach. For the breach or violation of this provision, the Commission shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 27. INDEMNIFICATION. If Grantee is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., pursuant to Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence. If Grantee is not a state agency or subdivision as defined above, Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors, provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission. If this is a Professional Services Agreement as defined in Subsection 725.08 F.S., then notwithstanding the provisions of Subsection 725.06 F.S., the design professional shall only be liable for, and fully indemnify, defend, and hold harmless the State, the Commission, and their officers, agents, and employees, for actions caused in whole or in part, by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the Agreement. 28. NON-DISCRIMINATION. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. 29. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this 66 Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues. 30. NO THIRD -PARTY RIGHTS. The Parties hereto do not intend, nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a party to this Agreement. 31. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement, including but not limited to any claim by the Grantee of quantum meruit. 32. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly employs unauthorized aliens. 33. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY). A. Requirement to Use E -Verify. Section 448.095(2) Florida Statute requires the Contractor to: 1.) utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Purchase Order term; and 2.) include in all subcontracts under this Purchase Order, the requirement that subcontractors performing work or providing services pursuant to this Purchase Order utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E -Verify Online. E -Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. The Department of Homeland Security's E -Verify system can be found online at https://www.e-verify.jzov. C. Enrollment in E -Verify. As a condition precedent to entering a Purchase Order with the Commission, Contractors and Subcontractors shall register with and use the E -Verify system. Failure to do so shall result in the Purchase Order not being issued, or if discovered after issuance, termination of the Purchase Order. D. E -Verify Recordkeeping. The Contractor further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Contractor's enrollment in the program. This includes maintaining a copy of proof of the Contractor's and subcontractors' enrollment in the E - Verify Program. If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. 67 E. Employment Eligibility Verification & Compliance. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Purchase Order and the Commission may treat a failure to comply as a material breach of the agreement. If the Commission terminates the Purchase Order pursuant to Section 448.095(2)(c) Florida Statute, the contractor may not be awarded a public contract for at least 1 year after the date on which the contract was terminated and the Contractor is liable for any additional costs incurred by The Commission as a result of the termination of this Purchase Order. 34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay the Grantee believes is excusable under this paragraph, Grantee shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Grantee shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in whole or in part. 35. TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional deadlines for performance for Grantee's obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in the Scope of Work, Attachment A. 36. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement 68 shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail; this Agreement and its attachments, the terms of the solicitation and the Grantee's response to the solicitation. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATtiRE PAGE TO FOLLOW 69 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. XXXXXX Signature Name: Title: Date: Attachments in this Agreement include the following: Florida Fish and Wildlife Conservation Commission Executive Director (or designee) Name: Title: Date: Approved as to form and legality: FWC Attorney Signature Attachment A Scope of Work Attachment B Requirements of the Federal and Florida Single Audit Acts Exhibit 1 Federal and State Funding Detail Attachment C Cost Reimbursement Contract Payment Requirements Attachment D Derelict Vessel Removal Best Management Practices Attachment E Letter of Return on Investment for the State Attachment F Sample Invoice Form Attachment G Monthly Progress Report Attachment H Certificate of Completion Attachment I Required Documents Submission List Attachment J DV Grant Monitoring Guidelines 70 Derelict Vessel Removal Project (2022-01) Six derelict vessels identified and approved by Florida Fish and lv'Vildl`fe Conservation Commission for removal Iry local municipality_ Derelict�essei UOJtJT'Y 22 -DV -2 JWDL.L e JI2 / CA Sebastian Inlet 22 -DV -1 1'22 -DV -5 VY�YY.i� a #f • s r t?crff FWNE-h-OFF- M 2S'EndeavarSailboat FL22d7DA 22 -DV -2 FINNE-16-OFF-4116593 25' S=-ilDcat CT 2425 AW 2 -DV -3 FW NE -20 -OFF -4102243 22' TMS Cruiser FL 42TOW �2DV-4 FWCC-21-OFF-011819 16'Sgnxtur Jnx'iown '2 -DV -5 FWCC-2I-OFF-012998 31' Trojan Cruiser FLSCO7 EES 22 -DV -6 FW'CC-2I-OIFF-01.3751 2&HLnte*5ai1boat CO631126 t?crff a r • YYi�iYiY � z ,r,/y ry/ .� V 3 60'� t?crff "/ I i t t CJ SCJ tJ 4� %f 0 C `a. Q Q3 L C C LO ej U OL rJ ,r,/y ry/ .� V 3 A ! A L711 LA GOON a n i t 71 "/ I i t t CJ SCJ tJ 4� %f 0 C `a. Q Q3 L C C LO ej U OL rJ GRANT NAME: FWC Bulk Derelict Vessel Removal Grant GRANT # AMOUNT OF GRANT: $34,300.00 DEPARTMENT RECEIVING GRANT: Public Works / Coastal Engineering Division FWC21255 CONTACT PERSON: Eric Charest TELEPHONE: (772) 226-1569 1. How long is the grant for? Valid through 07/08/2022 Starting Date: upon execution 2. Does the grant require you to fund this function after the grant is over? Yes X 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 match to grant N/A 5. Grant match amount required $ -Q- 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? N/A – No Match Required 7. Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes —2L—No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement – Contributions 012.13 Insurance – Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $0 TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? Signature of Preparer: Eric Charest Date: 3/9/2022 Grant Amount Other Match Costs Not Covered Match Total First Year $34,300.00 $ $ $34,300.00 Second Year $0 $ $ $0 Third Year $0 $ $ $0 Fourth Year $0 $ $ $0 Fifth Year $0 $ $ $0 Signature of Preparer: Eric Charest Date: 3/9/2022 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation — Conservation Lands Date: February 28, 2022 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: Hallstrom Farmstead Conservation Area Public Use Improvements - Amendment No.1 and 2 to Work Order No. 18 DESRIPTIONS AND CONDITIONS On August 18, 2020, the Board of County Commissioners approved Work Order Number 18 to MBV Engineering, Inc. (MBV) in the amount of $56,450 for the engineering and architectural services including pre-bid and bidding assistance, cost estimation, and construction services for the public use improvements at the Hallstrom Farmstead Conservation Area. During the course of design and engineering, additional work tasks were deemed necessary in order to obtain Major Site Plan Approval with the County and to provide additional support for staff through the bid process and throughout construction. The work proposed under Amendment Number 1 is related to a Land and Water Conservation Grant awarded to the County to provide public use improvements including parking, walking trails, and pavilions. Amendment Number 2 provides for necessary survey, design, engineering, and construction services associated with a required sidewalk on the east side of Old Dixie Highway identified as a requirement during the Major Site Plan Approval process (Application Number 90342). The sidewalk has been separated as it is not a part of the scope of work associated with the Land and Water Conservation Fund grant. These tasks are outlined in Amendment Number 1 and Amendment Number 2 and are summarized below: Amendment Number 1 Amendment Number 1 provides for landscape plans required by the County for Major Site Plan Approval and project management assistance including weekly progress meetings, review of work schedules, coordination with the architect for required inspections and plan clarifications during construction, coordination of shop drawing reviews, review of pay requests, and assistance with change order requests. Further, MBV will provide construction oversight including regular construction observation/inspections and testing. The fee for the work detailed in Amendment Number 1 is $42,300.00 as outlined in the attached Scope of Work and pursuant to the Continuing Consulting Engineering Services Agreement for Professional Services dated April 17, 2018, REQ 2018008. 73- Amendment Number 2 Amendment Number 2 has been separated from Amendment 1 for the purposes of maintaining a separate scope of work in regard to the Land and Water Conservation Fund. This will also allow both aspects of the project forward independently, but concurrently. During Major Site Plan review, the Technical Review Committee identified the requirement to construct approximately 2,750 linear feet of sidewalk along the Old Dixie Highway frontage as required by Indian River County's Code of Ordinances, Title IX — Land Development Regulations. Amendment Number 2 provides for the survey coordination, civil design and permitting, cost estimation, and construction services for the proposed sidewalk. The fee for the Scope of Work outlined in Amendment Number 2 is $16,300.00, pursuant to the Continuing Consulting Engineering Services Agreement for Professional Services dated April 17, 2018, RFQ 2018008. FUNDING Indian River County has been awarded a Land and Water Conservation Fund (LWCF) Grant (12- 00695) to construct public access improvements at the Hallstrom CA in the amount of $148,500 from the FDEP with the County providing an equal cash match. Funding for these site improvements in the amount of $696,656 was approved in the 2021 Capital Improvements Element in the Optional Sales Tax/Parks/Hallstrom Farmstead Conservation Area, Account Number 31521072-066510- 19027. Funding for Amendment Number 1 in the amount of $42,300.00 and Amendment No. 2 in the amount of $16,300.00 is provided through the updated Comprehensive Plan, Capital Improvements Schedule adopted December 14, 2021, Optional Sales Tax/Parks/Construction In Progress /Hallstrom Farmstead Conservation Area Improvements, Account Number 31521072-066510-19027. Description: Account Number: Amount: Optional Sales Tax/Parks/Construction In 31521072-066510-19027. $42,300 Progress/Hallstrom Farmstead Conservation Amendment Area Improvements No. 1 $16,300 Amendment No. 2 Total: $58,600 STAFF RECOMMENDATION Staff recommends the Board accept Amendment Number 1 to Work Order Number 18 and authorize the Chairman to execute the Amendment after review and approval by the County Attorney. Staff further recommends the Board accept Amendment Number 2 to Work Order Number 18 and authorize the Chairman to execute the Amendment after review and approval by the County Attorney. 74 ATTACHMENTS • Hallstrom Farmstead Conservation Area Public Use Improvements - Amendment No. 1 to Work Order 18, MBV Engineering, Inc. • Hallstrom Farmstead Conservation Area Public Use Improvements — Amendment No. 2 to Work Order 18, MBV Engineering, Inc. APPROVED AGENDA ITEM FOR BCC MARCH 15.2022 75 AMENDMENT NUMBER 1 TO WORK ORDER NUMBER 18 Hallstrom House (FTC No.: 01-055-FF1) This Amendment 1 to Work Order Number 18 is entered into as of this _ day of , 202_, pursuant to that certain Continuing Consultin; Engineering Services Agreement for Professional Services entered into as of this 17" day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, 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. 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 MBV Engineering, Inc. OF INDIAN RIVER COUNTY No rffi-�_-Elp 0 � E � Title: Vice President Peter D. O'Bryan, Chairman 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 76 EXHIBIT A - SCOPE OF WORK It is our understanding that the COUNTY intends to have the consultant handle project management responsibilities for the COUNTY during construction of the project. A description of these services is provided in further detail, below. TASK 1: PROJECT MANAGEMENT 1. Have the project manager and/or project inspector attend weekly progress meetings for the first three months of construction, followed by bi-weekly progress meetings for the remaining duration of construction to substantial completion (Construction duration is estimated at 6 months from Notice to Proceed issued to contractor, therefore, 20 progress meetings + 3 additional are assumed for a total of 23 progress meetings). 2. Review contractor's preliminary schedule at first weekly meeting. Monitor construction progress and coordinate with contractor to provide schedule updates for the duration of construction. Provide schedule updates to the COUNTY, once a month. 3. Coordinate with the architect for required inspections or plan clarifications. 4. Coordinate with the Indian River County Parks Division on environmental inspections or monitoring. 5. Respond to contractor Requests for Information (RFIs) and provide construction clarifications as needed. 6. Coordinate shop drawing review with proper entity for any other shop drawings besides, potable water, sanitary sewer or storm drainage. 7. Review Pay Requests from the contractor and submit to Indian River County Parks Division following approval. 8. Provide all necessary assistance with change order requests and provide recommendations, as needed. 9. Based on the construction schedule of the contractor, if additional progress meetings are required than they will be billed on an hourly rate bas -,s. TASK 2: CONSTRUCTION OVERSIGHT 1. Inspect silt fence and erosion control devices and coordination with NPDES inspector. 2. Review and inspection of MOT plan, to be provided by Contractor, until completion of the off-site construction. 3. Conduct regular weekly periodic construction observations/inspections during construction (average 2 site visits per week for an estimated 6 months). This will assist in verifying construction is in accordance with the plans and specifications. 4. Coordinate necessary testing (i.e., soil, water, compaction), as needed. TASK 3: PROJECT CERTIFICATION 1. Coordinate with Contractor and the County Parks Division to provide all documentation necessary for closeout with permitting agencies (i.e. signatures, as-builts, release of liens, etc.). Submittal of certification documentation to permitting agencies. 77 EXHIBIT B - 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: Task Fee Task 1: Project Management $ 21,500 Task 2: Construction Oversight $ 17,800 Task 3: Project Certification $ 3,000 Work Authorization Total $ 42,300 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order 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. 20-0240 - Hallstrom Conservation Area COA Management-ADD1 #REF! ADMIN INSPECTOR TECH ENG PM TOTAL COSTS $ - $90 $115 $115 $150 $175 01 -RESEARCH PROJECTSETUP $ - Project Information - $ - Maps $ Site Plan Info $ Field $ Grading Details $ - Stormwater Calcs/ Report $ - Revisions per Agency Comments $ - 02 -CONCEPTS CONCEPTUAL DRAWINGS $ - Concept Plan 1 $ - Client Coordination $ Concept Plan 2 $ - 03-PREMEET PRELIMINARY MEETINGS Client Coordination $ - Pre -App $ - Follow up meeting $ - $ - SWPPP Plans $ - Grading Plans 04-SUBCOORD SUB -CONSULTANT COORDINATION Geotechnical Coordination Traffic Coordination Environmental Coordination Survey Coordination Landscape Coordination Architectural Coordination Misc Sub Coordination 05-SITEDES SITE DESIGN PLANS Site Dimensional Plan(s) Site Data General Notes/ Details Vehicular Circulation Plan Architectural Coord Survey Coord Revisions per Agency Comments Progress meetings 06 -PGD PAVING & GRADING PLANS Proposed Surface Rough Grade $ - Preliminary Storm Layout $ - SWPPP Plans $ - Grading Plans $ - Drainage Plans $ - Cross Sections $ - Grading Details $ - Stormwater Calcs/ Report $ - Revisions per Agency Comments $ - Progress meetings $ - 79 07 -UTI L Preliminary Sanitary Layout Preliminary Water Layout Finalize Water Plans Finalize Sewer Plans Sanitary Profiles Conflict Details Fire Plans Reuse Plans Gas/ Electric Details Lift Station Calculations Water Design Engineering Revisions per Agency Comments Progress meetings 08-LNDSCP Landscape Plan layout Landscape Calculations/ Table Landscape Details/ Specs Revisions per Agency Comments Progress meetings PLANS 30 -PERMIT PERMITTING Client Coordination; 09-MISC-OFF MISCELLANEOUS/ OFF-SITE PLANS $ Coordination/ Meetings ; $ $ - Turn Lane Plans Agency Responses I $ - Off-site Roadway Plans i $ Forcemain Extension Plans $ $ - Watermain Plans 3 I $ - Off -Site Force Main $ ; $ MOT Plans 46 j $ - RevisionsperAgencyComments $ $ - Progress meetings ; $ - 14.2222 $ 2,130.00 QC of Plans 30 -PERMIT PERMITTING Client Coordination; $ - Sub -Consultant Coord $ Permit Packages ; $ Municipal Coordination ; $ - Agency Responses $ - 11 -PM PROJECT MANAGEMENT Client Coordination $ Site Changes / subcon. word. 1 12 12.; 25 $ 4,015.00 Contractor/Owner Coordination 3 8 $ 1,745.00 Weekly Progress meetings 3 46 46 95 $ 13,610.00 Schedules 4.2222 10 14.2222 $ 2,130.00 QC of Plans $ - Final Certifications I !' $ 134.2222 $ 21,500.00 7.2222 50 12 76 SUMMARY DEVELOPMENT HOURS AND COSTS ADMIN INSPECTOR TECH ENG PM TOTAL COSTS Total 7.2 Hr 50.0 Hr 12.0 Hr 76.0 Hr 134.2 Hr $ 21,500.00 AVERAGE HOURLY COST $160 80 ADMIN INSPECTOR TECH ENG PM TOTAL COSTS 12 -CONST CONSTRUCTION SERVICES Weekly progress meetings $ - Schedule coordination $ Inspections 52 8 60 $ 7,380.00 Site Visit 12 22 34 $ 5,230.00 Site Changes/ subcontr. coord. 3 8 11 $ 1,745.00 Final Certifications 12.2778 8 12 32.2778 $ 4,125.00 Miscellaneous 8 8 16 $ 2,320.00 12.2778 83 58 153.2778 $ 20,800.00 SUMMARY DEVELOPMENT HOURS AND COSTS (WITH CONSTRUCTION) ADMIN INSPECTOR TECH ENG PM TOTAL COSTS Total 19.5 Hr 133.0 Hr 12.0 Hr 134.0 Hr 287.5 Hr $ 42,300.00 Comparative numbers Estimated construction cost: (construction costs of discipline) design fees (ASCE comp curve) 5.50% Calculated Design fee $ - Rev Date: 2022-03-08 81 AMENDMENT NUMBER 2 TO WORK ORDER NUMBER 18 Hallstrom House (FTC No.: 01-055-FF1) This Amendment 2 to Work Order Number 18 is entered into as of this _ day of , 202_, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, 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. 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 MBV Engineering, Inc. OF INDIAN RIVER COUNTY By: By: Title: Vice President Peter D. O'Bryan, Chairman 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 I :CII7iii:���•]7�•] S�L•W0 It is our understanding that the COUNTY intends to construct approximately 2,750 LF of 5 -foot -wide concrete sidewalk along the east side of Old Dixie Highway, for the frontage along the County -owned parcels 33-40-30-00000-5000-00009.1 and 33-40-31-00000-1000-00003.3. A description of these services is provided in further detail, below. TASK 1: SURVEY COORDINATION The CONSULTANT will coordinate with the Land Surveyor chosen by the COUNTY to perform the work. Consultant will provide scope of work to the Surveyor and coordinate on receiving the survey in formats necessary for design and permitting. Land Surveyor will contract directly with the COUNTY. TASK 2: CIVIL DESIGN AND PERMITTING The CONSULTANT will prepare 24"06" design drawings of the required sidewalk and permit them through the Indian River County's Right -of -Way Use Permit application. This project should be exempt from SJRWMD permitting. However, if a SJRWMD ERP is determined to be a requirement, a scope for these services can be provided. TASK 3: COST ESTIMATE The CONSULTANT will prepare an Engineer's Opinion of Probable Cost at design completion. TASK 4: CONSTRUCTION SERVICES The CONSULTANT will provide the following scope of services during the construction phase: • Two (2) inspection during subbase construction • Two (2) inspection during sidewalk forrnboards • One (1) final inspection of sidewalk construction • Two (2) additional inspections, if required • Review of testing reports and as-builts, provided by others • Coordination with County Parks Division and Public Works inspection staff • Coordination with the Contractor • Certification by E.O.R. to County DELIVERABLES The Consultant shall provide the COUNTY with the following: • Initial (60%) completion: o One (1) set of drawings in pdf format for COUNTRY review • Final (100%) completion o Two (2) sets of plans in 24"x 36" format o One (1) set of drawings in pdf format o One (1) Opinion of Probable Cost (OPC) in pdf format RX EXHIBIT B - 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: Task Fee Task 1: Survey Coordination $ 1,000 Task 2: Civil Design and Permitting $ 11,650 Task 3: Cost Estimates $ 650 Task 4: Construction Services $ 3,000 Work Authorization Total $ 16,300 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order 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. 20-0240 Hallstrom House-ADD2 5 - ADMIN INSPECTOR TECH ENG PM TOTAL COSTS Coordination/ Meetings $90 $115 $115 $150 $175 440.00 04-SUBCOORD 32 8 3 SUB -CONSULTANT COORDINATION $ 5,405.00 Geotechnical Coordination 175.00 1 $ $ _ Traffic Coordination $ _ $ $ _ Environmental Coordination 4.16666 $ $ ; $ Survey Coordination 3.3333 1 4 7.3333 $ 1,000.00 Landscape Coordination QC of Plans 2 $ $ _ Architectural Coordination 8 2 10 $ $ _ Misc Sub Coordination 2 2 4 $ $ 3.3333 3.3333 09-MISC-OFF MISCELLANEOUS/ OFF-SITE PLANS 3 $ Coordination/ Meetings 1 1 1 3 $ 440.00 Sidewalk Plans 32 8 3 43 $ 5,405.00 QC by Admin 1 175.00 1 $ 90.00 Forcemain Extension Plans $ _ $ _ Watermain Plans 4.16666 $ $ _ Off -Site Force Main 1 1 $ - MOT Plans QC of Plans 2 $ _ Revisions per Agency Comments 8 2 10 $ 1,220.00 Progress meetings 2 2 4 $ 530.00 3.3333 3.16666 11 17.49996 $ 2,700.00 1 43 13 4 61 $ 7,685.00 10 -PERMIT PERMITTING Client Coordination 1 Sub -Consultant Coord Permit Packages 2.7223 Municipal Coordination 1 Attend Public Hearing(s) Agency Responses 1 265.00 4.7223 $ 595.00 2 $ 265.00 5.7223 8 13.7223 790.00 11 -PM PROJECT MANAGEMENT 3 $ 475.00 Client Coordination 33333 6 9.3333 $ 1,350.00 350.00 Municipal Coordination 1 1 $ 175.00 Team Meetings $ 425.00 $ _ Opinion ofProbable Cost3.16666 1 4.16666 $ 650.00 Schedules 1 1 $ 175.00 QC of Plans 2 2 $ 350.00 3.3333 3.16666 11 17.49996 $ 2,700.00 SUMMARY DEVELOPMENT HOURS AND COSTS ADMIN INSPECTCR TECH ENG PM TOTAL COSTS Total 13.4 Hr 43.0 Hr 16.2 Hr 27.0 Hr 99.6 Hr $ 13,300.00 AVERAGE HOURLY COST $134 1Z -CONST Pre -Construction Meeting Shop Drawings Inspections Site Visit Contractor / owner coord Site Changes Final Certifications Miscellaneous ADMIN INSPECTGR TECH ENG PM TOTAL COSTS SUMMARY E& 3 $ 475.00 8 $ 1,250.00 2 $ 350.00 3 $ 500.00 3.1111 $ 425.00 E& DEVELOPMENT HOURS AND COSTS (WITH CONSTRUCTION) ADMIN INSPECTOR TECH ENG PM TOTAL COSTS Total 14.5 Hr 43.0 Hr 26.2 Hr 35.0 Hr 118.7 Hr $ 16,300.00 Comparative numbers Estimated construction cost: (construction costs of discipline) %design fees (ASCE comp curve) 5.50% Calculated Design fee $ - Rev Date: 2020-11-05 Iii INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 2, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2022019 for Hallstrom Farmstead Parking Lot, Trail and Restroom Construction BACKGROUND: On behalf of the Parks and Conservation Resources Division, an Invitation to Bid was issued for the construction of a parking lot, restroom, walking paths, and two picnic pavilions at the Hallstrom Farmstead Conservation Area ("Hallstrom CA"). The Farmstead is located on Old Dixie Highway, south of Oslo Road. St. John's River Water Management District has issued a permit for the construction of the boardwalk. The work represents a portion of anticipated improvements to public access and amenities at the Hallstrom CA. BID RESULTS: Advertising Date: October 30, 2021 Bid Opening Date: February 9, 2022 Solicitation Broadcast to: 695 Subscribers Bid Documents Requested by: 34 Firms Pre -Bid Attendance: 2 Firms Replies: 1 Firm Proposing Firm Location Total Bid Jobear Contracting, Inc. Palm Bay $912,614.90 ANALYSIS: The Certification Regarding Lobbying Form included in the invitation to bid, necessary for solicitations eligible for federal funding, stated it must be submitted with each bid or offer exceeding $100,000. This form was not included in the bid submitted by Jobear, however, since there was only a single bidder, staff noted on the public record that the form was not submitted, and proceeded to announce the total bid price. Jobear Contracting provided the completed form that afternoon. RE Staff confirmed with the grant funding agency that acceptance of the form after the bid opening is acceptable, as long as the County's purchasing procedures are followed. Therefore, staff recommends the Board waive the technicality in the delayed submission of the Certification Regarding Lobbying Form, as it does no harm to any other prospective bidder, and does not provide Jobear with an undue advantage. FUNDING: Indian River County has been awarded a Land and Water Conservation Fund (LWCF) Grant (12- 00695) to construct public access improvements at the Hallstrom CA in the amount of $148,500 from the FDEP with the County providing an equal cash match. Funding for the site improvements was approved in the 2021 Capital Improvements Element in the Optional Sales Tax/Parks/Hallstrom Farmstead Conservation Area, Account Number 31521072-066510-19027 in the amount of $696,656.00. The Engineer and Architects of Record provided the County with Opinions of Probable Cost (OPC) totaling $550,308.74 in the fall of 2021. These costs do not include other project associated costs such as direct purchase and construction of the pavilions, public amenities, tortoise permitting and on-site relocation, the boardwalk (awarded under separate bid), or the additional sidewalk which will be required as part of the County's site plan approval. Utilizing the OPCS estimates, the bid amount from the sole bidder's response has exceeded the OPC by $287,306.16 with an additional force account of $75,000.00 leaving a total funding deficit of $362,306.16. The additional monies needed can be funded with a budget amendment from Optional Sales Tax/Cash Forward -Oct 11t Account Name Account Number Amount Optional Sales Tax/Parks/Hallstrom Farmstead 31521072-066510-19027 $550,309.00 Conservation Area Future Cash Balance Budget Amendment $362,307.00 RECOMMENDATION: Staff recommends the Board waive the technicality in the late submittal of the Certification Regarding Lobbying Form, and award the bid to Jobear Contracting, Inc. Staff also recommends the Board approve the sample agreement, and authorize the Chairman to execute it after the County Attorney has approved it and the Public Construction Bond as to form and legal sufficiency, and after receipt and approval of the required insurance by the Risk Manager. Finally, staff recommends the board authorize the Budget Office to make up any difference in funding needed for the project through a future cash forward budget amendment. ATTACHMENT Sample Agreement SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title ARTICLE 1 -WORK ........................................................ ARTICLE 2 - THE PROJECT .......................................... ARTICLE 3 - ENGINEER ............................................... ARTICLE 4 - CONTRACT TIMES ................................... ARTICLE 5 - CONTRACT PRICE .................................... ARTICLE 6 - PAYMENT PROCEDURES ........................ ARTICLE 7 - INDEMNIFICATION .................................... ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS ... ARTICLE 9 - CONTRACT DOCUMENTS ........................ ARTICLE 10 - MISCELLANEOUS ................................... Paqe ............................................... 2 ............................................... 2 ............................................... 2 ............................................... 2 ............................................... 3 ............................................... 3 ............................................... 4 ............................................... 4 ............................................... 5 ............................................... 6 fTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI 89 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 Jobear Contracting, Inc. (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 construction of a parking lot, restroom, walking paths and associated appurtenances depicted on the Project Plans in Appendices 2 & 3. 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: Hallstrom Farmstead Parking Lot, Trail & Restroom Construr_tinn FM Number: N/A Bid Number: 2022019 Project Address: 1701 Old Dixie Highway SW, Vero Beach, FL 32960 ARTICLE 3 - ENGINEER 3.01 The Indian River County Parks and Recreation Division 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 as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 90 calendar day after the date when the Contract Times commence to run 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 120 calendar day after the date when the Contract Times commence to run. 90 4.03 Liquidated Damages A. CONTRACTOR and OWNER recogrrize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work on the LWCF funded portion of the work is not completed by April 30, 2022, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. 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 $1,197.00 for each calendar day that expires after April 30, 2022 for Substantial Completion 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 $1,197.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. 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.B, 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: $912,614.90 Written Amount: Nine -hundred twelve thousand six hundred fourteen dollars and ninety cents. 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 OWNER 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 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 the application for payment shall contain the 91 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. 6.05 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 and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter i-ito 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 and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (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 92 F. CONTRACTOR does not consicer 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 Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the iformation 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 the Work. K. 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 for all subcontractors. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 7000520-10, 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 the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & (flapper's Certification as to Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 007001 to 00700-37, inclusive); 10. Supplementary Conditions (pages 00800-i to 00800-12, inclusive); 93 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet and sheets numbered C1 through C17, inclusive, with each sheet bearing the following general title: Hallstrom Farmstead Conservation Area; 13. Drawings consisting of a cover sheet and sheets numbered A-1 through AA=3 inclusive, ACC, MEP -1, and S-1, with each sheet bearing the following general title: Hallstrom House Restrooms: 14. Addenda (1-4) 15. CONTRACTOR'S BID (pages 00310-1 to 00310-8, inclusive); 16. Bid Bond (page 00430-1); 17. Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive); 18. List of Subcontractors (page 00458-1); 19. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 20. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 21. Certification Regarding Lobbying (page 00474-1); 22. LWCF Permit 12-00695, included as Appendix 6 of the Invitation to Bid and including all attachments. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 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 `.i 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 close 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. 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 a -e exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 95 B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(aD-ircgov.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 TERMS AND CONDITIONS 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 for employment 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 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 em-iloyees and applicants for employment, notices to be provided setting forth the provisions 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 for employment. (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 96 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 Copeland "Anti -Kickback" Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. C. Compliance with the Contract Work Hours and Safety Standards Act: (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 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 97 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. D. Clean Air Act: (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 et seq. (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 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. E. Federal Water Pollution Control Act: (1) 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. (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 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. F. Debarment and Suspension (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. (3) This certification is a material representation of fact relied upon by OWNER. 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 OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to 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. G. 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 certifies to 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 who in turn will forward the certification (s) to the awarding agency. H. Procurement of Recycled/Recovered Materials: (1) In the performance of th s 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 web site, hftps://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-prog ram. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. I. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, 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. (4) In compliance with the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that federal financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and LWCF policies, procedures, and directives. 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 its actions pertaining to the 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 enterprises on solicitation lists. 99 (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. N. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of tHs contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor 100 at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. O. Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. [The remainder of this page was left blank intentionally] 101 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 2022 (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 By: Peter D. O'Bryan, Chairman Jason E. Brown, County Administrato7 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 0 CONTRACTOR: Jobear Contracting, Inc. A (Contractor) (CORPORATE SEAL) Attest Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Elizabeth Powell Title: Assistant Director, Parks and Conservation Resources 550077 1h Street Vero Beach, Florida 32967 (772) 226-1873 Facsimile: (772) 589-6119 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 * * 102 V61AG INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 7, 2022 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: Sole Source Designation for ESO Scheduling and Personnel Management Software BACKGROUND: On April 21, 2020, the Board waived the requirement for bids for the purchase of new electronic health record ("EHR") and fire incident record management ("ESO Fire EMS") software from ESO Solutions. In addition to its reporting capabilities, the software has enhanced the delivery of patient information to the hospital, prior to arrival, enabling emergency room staff to be best prepared to evaluate and treat the patient. The Emergency Services District ("District") is now working to consolidate its multiple software solutions, and most urgently needs to replace its scheduling software, due to recently identified data security vulnerability. ESO Solutions offers scheduling and personnel management software that not only works with the EHR and ESO Fire EMS products, but is also compatible with the Tyler Enterprise ERP software used for payroll processing. The Purchasing Division posted a notice of Single or Sole Source designation to both Demandstar and the County's website through Vendor Registry. The notice described the requirement for scheduling software that will integrate with the EHR and ESO Fire EMS products was provided, and other manufacturers and sellers were invited to submit similar products for consideration. The posting was made for 7 days, with at least 66 suppliers notified of the opportunity. No responses were received. Staff is confident that there is no comparable product available that can enhance interoperability of the software systems. Staff is requesting authorization for a sole source purchase, as a competition would not realize any additional value or cost savings to the County. Additionally, quick acquisition of the software is necessary to preserve the confidentiality of employee information. The current data will be "securely deleted" from the current platform at the District's direction. Sole source and 103 sole brand procurement are authorized in section 3.2 of the Purchasing Manual and Section 105.02 of the Code of Indian River County, Florida. FUNDING: The first year cost will be $35,515, and annual costs after year one will be $33,135, based on 325 employees. On April 13, 2021, the Board approved an initial allocation of American Rescue Plan Act (ARP) dollars. As part of that allocation, funds for the Workers Performing Work eligibility category were anticipated to be spent on Emergency Services District related expenses. The District would like to use its ARP funding allocation to procure the scheduling software. The purchase will be made from the Fire Departments Disaster Recovery project account in fund 138. Item Account Number Account Name Amount One Time Setup and 13812022-066490 ARP Fund/Fire Services/Other $ 2,380 Training Machinery and Equipment Annual Fee for Personnel 13812022-066490 ARP Fund/Fire Services/Other $33,135 Management and Machinery and Equipment Scheduling Modules RECOMMENDATION: Staff recommends the Board designate ESO Solutions, Inc. as the sole source provider of personnel management and scheduling software for the District, and authorize the Purchasing Division to issue a Purchase Order to ESO Solutions, Inc. in the amount of $35,515. Attachment: Notice of Single or Sole Source Designation ESO Quote 104 Office of Management and Budget Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone: (772) 226-1416 NOTICE OF SINGLE OR SOLE SOURCE DESIGNATION Date Posted: February 24, 2022 Written Response due: March 2, 2022 SUBMIT RESPONSES TO: Indian River County Purchasing Division Email Address: purchasing@ircgov.com This is NOT a formal solicitation (RFB, RFP, RFQ) and there are no solicitation documents available. A contract or purchase order is proposed for the product(s) or service(s) identified below. Indian River County, FL, intends to negotiate and award a PO or contract to the vendor indicated. Any responses received as a result of this Notice shall be considered solely for the purpose of determining whether an equivalent product or service can be provided by alternative source(s), which may warrant a competitive solicitation. Responses will NOT be considered as proposals, bids or quotes. PRODUCT/SERVICE REQUIRED: ESO Scheduling and Personnel Management Software system DESCRIPTION: Indian River County utilizes pre -hospital electronic health record software (" BHR") and fire incident record management system software ("ESO Fire RMS") produced by ESO Solutions, Inc. ("ESO"). County wants to obtain fire/medic scheduling software that will integrate and work in concert with both ESO products. ESO Scheduling and Personnel Management allows customers to designate personnel from Scheduling and assign them to the appropriate unit on a fire incident in the Fire RMS, which will also automatically import corresponding data in a customer's Personnel Management module for employees. The County is considering the purchase of ESO Personnel Management software module for (325) employees at a recurring cost of $8,145.00 annually, (1) Personnel Management online training session for $595.00, (325) ESO Loop Closure modules at a recurring cost of $5995.00 annually. (325) ESO Scheduling Plus modules at a recurring cost of $18,995.00 annually, and (3) Scheduling training sessions at a cost of $1,785.00. 105 INTENDED SOLE/SINGLE SOURCE CONTRACTOR/VENDOR: ESO Solutions, Inc. PROPOSED COST: Total one-time fees are $2,380.00 and total recurring fees are $33,135.00. PROPOSED CONTRACT/PURCHASE TERM: Purchase Orders JUSTIFICATION FOR SOLE/SINGLE SOURCE: No other similar software is known to exist. RESPONSE TO SOLE/SINGLE SOURCE: Firms/Vendors who are capable of providing an equivalent product and/or service as stated herein may submit the following, in writing: Company Name, address, point of contact, contact information (phone #, email, etc.) and statement, description and/or capability to provide an equivalent product/service. Responses shall be submitted to the Point of Contact shown above, by or before the due date provided herein. Responses received after the provided due date shall not be considered. 106 eso CUSTOMER CONTACT Customer Indian River County Fire and Rescue Name Stephen Greer Email sgreer@ircgov.com Phone (,772) 226-3951 Personnel Management PM Online Training 325 Employees 1 Sessions $8,145.00 $595.00 Recurring One-time ESO Loop Closure 325 Employees $5,995.00 Recurring ESO Scheduling Plus 325 Employees $18,995.00 Recurring ESO Scheduling - Setup & Online Training 3 Sessions $1,785.00 One-time Total Recurring Fees $ 33,135.00 Total One:nme Fees $ 2,380. 0 TOTAL FEES $ 35,515.00 107 Quote Date: 01/31/2022 Customer Name: Indian River County Fire and Rescue Quote #: Q-59662 Quote Expiration date: 03/31/2022 ESO Account Manager: Sara Schryver BILLING CONTACT Payor Indian River County Fire Address 4225 43rd Avenue and Rescue Name Tad Stone Vero Beach FL, 32967 Email tstone,aircgov.com Billing Frequency Annual Phone (772) 226-3947 Initial Term 12 months 325 Employees 1 Sessions $8,145.00 $595.00 Recurring One-time ESO Loop Closure 325 Employees $5,995.00 Recurring ESO Scheduling Plus 325 Employees $18,995.00 Recurring ESO Scheduling - Setup & Online Training 3 Sessions $1,785.00 One-time Total Recurring Fees $ 33,135.00 Total One:nme Fees $ 2,380. 0 TOTAL FEES $ 35,515.00 107 eso TERMS AND CONDITIONS: Quote Date: Customer Name: Quote #: Quote Expiration date: ESO Account Manager: 01/31/2022 Indian River County Fire and Rescue Q-59662 03/31/2022 Sara Schryver 1. If the Customer indicated above has an ESO Master Subscription and License Agreement (MSLA) dated on or after February 20:, 2017, then that MSLA will govern this Quote. Otherwise, Customer intends and agrees that this Quote adopts and incorporates the terms and conditions of the MSLA and associated HIPAA business associate agreement hosted at the following web address, and that the products and services ordered above are subject thereto: https.,//www.eso.com/legal-terms/ 2. The Effective Date of this Quote shall be the final date of signature. 3. Customer shall be responsible for the payment of all Fees listed herein. If Customer has erected to use a Third Party Payor (as indicated above as Payor) and such party has executed an appropriate agreement with ESO, ESO shall accept payment of Fees from such Third Party Payor. Indian River County Fire and Rescue Signature: Print Name: Title: Date: For Personnel Management, Scheduling, the following payment terms apply: Fees are invoiced at the Billing Frequency 15 days after the Effective Date, with recurring fees due on the anniversary. 108 eso Quote Date: 01/31/2022 Customer Name: Indian River County Fire and Rescue Quote #: Q-59662 Quote Expiration date: 03/31/2022 ESO Account Manager: Sara Schryver Personnel Management Includes tracking of Training classes, certifications, credentials, immunization records. Integrated with ESO EHR and Ad Hoc Reporting. PM Online Training 4 hour Webinar Training Sess on for ESO Personnel Management. ESO Scheduling - Setup & Online Webinar Training Session. Training ESO Scheduling Plus Online scheduling, messaging and detailed reporting, plus web -based time clock, attendance tracking, time off management and payroll output files. ESO Loop Closure Online incident (event, complement, complaint, etc) investigation and resolution tracking system for EMS and Fire 109 Revised 8.K. Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: March 8, 2022 Subject: Miscellaneous Budget Amendment 005 Description and Conditions 1. The Community Development Block Grant (CDBG) needs to be "rolled over" into the current fiscal year. Exhibit "A" appropriates $269,995 in grant revenues and expenses. 2. On March 8, 2022, the Board of County Commissioners approved moving forward with outside counsel in filing two foreclosure cases and tabled for one week moving forward on a third. Exhibit "A" appropriates funding of $21,000 from MSTU/Reserve for Contingency for all three cases. 3. The contract with CER Signature Clearing Service for Beach Park Maintenance is expiring April 30, 2022. Staff is proposing this work be conducted in-house going forward. As a result, a new Maintenance Worker position will be added in the Parks Department. Exhibit "A" transfers the remaining contract funds of $24,282 from General Fund/Parks/Janitorial Services to General Fund/Parks/Salaries & Benefits. An additional $5,000 for supplies and fuel will be funded by General Fund/Reserve for Contingency. 4. On April 13, 2021 the Board of County Commissioners approved the FDOT TRIP Grant for 66th Avenue/49th-69th Street. Exhibit "A" appropriates $8,181,009 for the FY 21/22 portion of the grant revenues and expenses. 5. An additional Code Enforcement Officer is needed due to the increase in short-term vacation rental and foreclosure cases .This position can be funded by the increase in Code Enforcement Fines that have exceeded budgeted estimates. Exhibit "A" appropriates the position cost of $38,000 for the remainder of this fiscal year and an increase in Code Enforcement Fines. 6. Community Development is in need of an additional Senior Planner in Current Development to help with development review and communication with Developers. Exhibit "A" appropriates $45,016 in salary and benefits by an increase of $20,000 in the Planning Permit/Application Fees budget and $25,016 taken from MSTU/Reserve for Contingency. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2021-22 budget. 110 0K Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristi\8,22 els Direcice of Management & Budget Date: Marc Subject: Miscell Description and Conditions Amendment 005 1. The Community Developme t Block Grant (CDBG) needs to be "rlied over" into the current fiscal year. Exhibit "A" approp ' tes $269,995 in grant revenues end expenses. 2. On March 8, 2022, the Board of C unty Commissioners approved moving forward with outside counsel in filing two foreclosure cas and tabled for one week moving forward on a third. Exhibit "A" appropriates funding of $2 ,000 from MSTU/RServe for Contingency for all three cases. \ 3. The contract with J -Mac Cleaning Services fob Beach Park Maintenance is expiring April 30, 2022. Staff is proposing this work be conducte'� in-house going forward. As a result, a new Maintenance Worker position will be added in th P rks Department. Exhibit "A" transfers the remaining contract funds of $24,282 from General and/Parks/Other Professional Services to General Fund/Parks/Salaries & Benefits. An addition I $5,000 for supplies and fuel will be funded by General Fund/Reserve for Contingency. 4. On April 13, 2021 the Board of County Comm' s i nn ers ap oved the FDOT TRIP Grant for 66th Avenue/49th-69th Street. Exhibit "A" app priates $8,18009 for the FY 21/22 portion of the grant revenues and expenses. 5. An additional Code Enforcement Off/bbudgeted eded due to the incr ase in short-term vacation rental and foreclosure cases .This pn be funded by the in ease in Code Enforcement Fines that have exceedestimates. Exhibit ` " appropriates the position cost of $38,000 for the remathis fiscal year and an inc ase in Code Enforcement Fines. 6. Community Development is in ne of an additional Senior Planner in Curre t Development to help with development review an communication with Developers. Exhibit "A appropriates $45,016 in salary and benefits an increase of $20,000 in the Planning Permi pplication Fees budget and $25,016 tak from MSTU/Reserve for Contingency. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2021-22 budget. 110 RESOLUTION NO. 2022- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2021-2022 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2021-2022 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2021-2022 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2021-2022 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2022. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 111 I—v—v V.1 N. K�5et 3/15/2022 1 Exhibit "A" Resolution No. 2022 - Budget Office Approval: Budget Amendment 005 Kristin nnniels. Budoet Director Entry Numb Type Fund/ Department/Account Name Account Number Increase Decrease Revenue CDBG/CDBG Grant #19DBON104001 H03 129033-331554-19802 $269,995 $0 1. Expense CDBG/Other Professional Services 12913054-033490-19802 $269,995 $0 MSTU/Env. Planning/Legal Services 00420724-033110 $21,000 $0 2. Expense MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $21,000 General Fund/Parks/Regular Salaries 00121072-011120 $13,404 $0 General Fund/Parks/Social Security 00121072-012110 $831 $0 General Fund/Parks/Retirement 00121072-012120 $3,096 $0 General Fund/Parks/Insurance-Life & Health 00121072-012130 $5,602 $0 General Fund/ParksMorkers Compensation 00121072-012140 $988 $0 3. Expense General Fund/Parks/OPEB 00121072-012160 $167 $0 General Fund/Parks/Medicare 00121072-012170 $194 $0 General Fund/Parks/Fuel & Lubricants 00121072-035210 $2,000 $0 General Fund/Parks/Institutional Supplies 00121072-035250 $3,000 $0 General Fund/Parks/Janitorial Services 00121072-033410 $0 $24,282 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $5,000 Traffic Impact Fee/FDOT Trip Grant -66th Ave/49-69 102033-334403-07806 $2,787,219 $0 Revenue Optional Sales Tax/FDOT Trip Grant -66th Ave/49-69 315033-334403-07806 $5,393,790 $0 4. Traffic Impact Fee/District II/66th Ave/49-69 10215241-066510-07806 $2,787,219 $0 Expense Optional Sales Tax/66th Ave/49-69 31521441-066510-07806 $5,393,790 $0 Revenue MSTU/Code Enforcement Fines 004035-354008 $38,000 $0 MSTU/Envir.Planning/Code Enforcement/Salaries 00420724-011120 $22,177 $0 MSTU/Envir.Planning/Code Enforcement/Social Security 00420724-012110 $1,375 $0 MSTU/Envir.Planning/Code Enforcement/Retireme-it 00420724-012120 $2,400 $0 MSTU/Envir. Planning/Code Enforcement/Insurance-Life & Health 00420724-012130 $6,630 $0 5 Expense MSTU/Envir.Planning/Code Enforcement/Worker's Compensation 00420724-012140 $430 $0 MSTU/Envir.Planning/Code Enforcement/Medicare 00420724-012170 $322 $0 MSTU/Envir.Planning/Code Enforcement/Telephone 00420724-034190 $400 $0 MSTU/Envir.Planning/Code Enforcement/Office Supplies 00420724-035130 $1,000 $0 MSTU/Envir.Planning/Code Enforcement/Fuel & Lubricants 00420724-035210 $3,266 $0 1 of 2 I I 2 iS64) Exhibit "A" Resolution No. 2022- Budget Office Approval: Budget Amendment 005 Entry Numb Type Fund/ Department/Account Name J Account Number Increase Decrease Revenue MSTU/Permit Fee/Planning Permits/Appl Fees 004032-322010 $20,000 $0 MSTU/County Planning/Salaries 00420515-011120 $31,694 $0 MSTU/County Planning/Social Security 00420515-012110 $1,965 $0 MSTU/County Planning/Retirement 00420515-012120 $3,429 $0 6. MSTU/County Planning/Insurance-Life & Health 00420515-012130 $6,630 $0 Expense MSTU/County Planning/Worker's Compensation 00420515-012140 $38 $0 MSTU/County Planning/Medicare 00420515-012170 $460 $0 MSTU/County Planning/Office Supplies 00420515-035110 $800 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $25,016 2 of 1 I Resolution. No. 2022 - Budget Ofice Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment 005 Entry Numb Type Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue CDBG/CDBGGrant #19DBON104001H03 129033-331554-19802 $269,995 $0 Expense CDBG/Other Professional Services 12913054-033490-19802 $269,995 $0 2. Expense MSTU/Env. Planning/Legal Services 00420724-033110 $21,000 $0 MSTU/Reserves/Res rve for Contingency 00419981-099910 $0 $21,000 General Fund/Parks/Re lar Salaries 00121072-011120 $13,404 $0 General Fund/Parks/Social curity 00121072-012110 831 $0 General Fund/Parks/Retirement 00121072-012120 $3,096 $0 General Fund/Parks/Insurance-Life Health 00121072-012130 $5,602 $0 General Fund/Parks/Workers Compen' tion 00121072-012140 $988 $0 3. Expense General Fund/Parks/OPEB 00121072-012160 $167 $0 General Fund/Parks/Medicare 00121072-012170 $194 $0 General Fund/Parks/Fuel & Lubricants 00121072-03521 $2,000 $0 General Fund/Parks/Institutional Supplies 00121072-035 0 $3,000 $0 General Fund/Parks/Other Professional Services \ 00121072-03 190 $0 $24,282 General Fund/Reserves/Reserve for Contingency 00119981- 9910 $0 $5,000 Revenue Traffic Impact Fee/FDOT Trip Grant -beth Ave/49-69 102033-334 03-07806 $2,787,219 $0 4. Optional Sales Tax/FDOT Trip Grant -66th Ave/49-69 315033-3 4403-07806 $5,393,790 $0 se r Traffic Impact Fee/District II/66th Ave//9-69 1021524f-066510-07806 $2,787,219 $0 Optional Sales Tax/66th Ave/49-69 31521 1-066510-07806 $5,393,790 $0 Revenue MSTU/Code Enforcement Fines G&035-354008 $38,000 $0 MSTU/Envir.Planning/Code Enforcement/Salaries 042072011120 $22,177 $0 MSTU/Envir.Planning/Code Enforcement/Social Security 00420724-0'2110 $1,375 $0 MSTU/Envir.Planning/Code Enforcement/Retirement 00420724-0121,,20 $2,400 $0 5 MSTU/Envir.Planning/Code Enforcement/Insurance-Life & Health 00420724-012130 $6,630 $0 Expense MSTU/Envir.Planning/Code Enforcement/Worker's Compensation 00420724-012140 $430 $0 MSTU/Envir.Planning/Code Enforcement/Medicare 00420724-012170 $322 $0 MSTU/Envir.Planning/Code Enforcement/Telephone 00420724-034190 $400 $0 MSTU/Envir.Planning/Code Enforcement/Office Supplie 00420724-035130 $1,000 $0 MSTU/Envir.Planning/Code Enforcement/Fuel & Lubricants 00420724-035210 266 $0 112 Resolution No. 2022 - Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment 005 Entry Numb Type Fund/ Department/Account Name Account Number Increase Decrease Revenue MSTU/Permit Fee/Planning Permits/Appl Fees 004032-322010 $20,000 $0 MSTU/County Planning/Salaries 00420515-011120 $31,694 $0 MSTU/County Planning/Social Security 00420515-012110 $1,965 $0 MSTU/County Planning/Retirement 00420515-012120 $3,429 $0 6. Expense MSTU/County Plan ' ,,g/Insurance-Life & Health 00420515-012130 % $6,630 $0 MSTU/County Planning orkers Compensation 11 00420515-012140 $38 $0 MSTU/County Planning/Me 'care 00420515-012170 $460 $0 MSTU/County Planning/Office upplies 00420515-03510 $800 $0 MSTU/Reserves/Reserve for Cont gency 00419981-096910 $0 $25,016 113 XL INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 7, 2022 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: First Extension and Amendment to Agreement for Disaster Debris Monitoring Services BACKGROUND: On May 19, 2020, the Board awarded RFP 2019062 for Disaster Debris Monitoring Services, as may be needed to track debris removal after catastrophic events, such as tropical storms, hurricanes or tornadoes, to DebrisTech, LLC. The term of the award was two years, with two additional two-year renewals available. The contractor has agreed to the first extension and amendment, which will extend the term of the agreement through May 18, 2024. Changes made effective to Florida Statute ar.d the Code of Federal Regulations during the initial term of the agreement require the incorporation of additional clauses to the agreements. FUNDING: Expenses incurred for work under these agreements are anticipated to be funded through FEMA's reimbursement of CAT A debris expenses. RECOMMENDATION: Staff recommends the Board approve the Extension and Amendment and authorize the Chairman to sign it after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENT: Extension and Amendment to Agreement 114 FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR DISASTER DEBRIS MONITORING SERVICES This First Extension to that certain Agreement to provide Disaster Debris Monitoring Services is entered into effective as of March 15, 2022 by and between Indian River County, a political subdivision of the State of Florida ("County") and DebrisTech, LLC ("Consultant"). BACKGROUND RECITALS WHEREAS, the County and the Consultant entered into an Agreement for Disaster Debris Management Services effective May 19, 2020; and WHEREAS, Article 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of May 19, 2020 and will end on May 18, 2022; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional two years; and WHEREAS, Article 3 of the Agreement provides Consultant's Responsibilities; and WHEREAS, the parties desire to add a representation to Article 3; and WHEREAS, Article 11 of the Agreement provides Federal Clauses; and WHEREAS, the parties desire to incorporate a new Federal Clause. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Consultant agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective May 19, 2022 and shall end on May 18, 2024. A single two-year renewal remains. 3. Paragraph 3.14 is added as follows: 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 utilization for all subcontractors. 4. Paragraph 11.16 is added as follows: 115 Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the Consultant and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit Consultams from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (l) In the event the Consultant identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Consultant is notified of such by a subcontractor at any tier or by any other source, the Consultant shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere it this contract are established procedures for reporting the information. 116 (2) The Consultant shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigaton actions undertaken or recommended. In addition, the Consultant shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Consultant shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. 5.All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. Consultant By: Printed name: _ Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 117 19 CONSENT AGENDA Indian River County Interoffice Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: March 7, 2022 From: Kristin Daniels Director, Office of Management & Budget Subject: Outside Agency Funding Policy Revisions Background The Board of County Commissioners established an Outside Agency Funding Policy on February 19, 2002. Revisions to the policy were subsequently made on November 3, 2009 and again on May 16, 2017. Periodically, the policy needs to be reviewed and updated in order to memorialize any necessary changes. On March 14, 2007, the Tourist Development Council (TDC) members unanimously approved "to not fund salaries with tourist development monies to any other applicants except for the designated entities, Indian River County and Sebastian River Area C-iambers of Commerce. The current agencies other than the designated Chambers of Commerce receiving funds for salaries would continue to receive funding, but no new requests would be granted". Staff recommends this information be added to the Outside Agency Funding Policy so that any new agencies seeking funding are aware of these parameters. On May 16, 2018, the TDC voted to remove an application requesting funding from a local municipality from further consideration for funding by the TDC. The TDC expressed concerns that providing direct funding to the municipalities would set precedent allowing for each of the jurisdictions located within the County to request funding in future budget cycles. On March 13, 2019, a follow-up discussion ensued among the TDC members regarding municipal grant requests. The determination was made to not accept grant applications from other governmental agencies or municipalities and to encourage them to collaborate with local tourism groups to bring projects forward. Staff recommends incorporating this language into the Outside Agency Funding Policy to memorialize the decision. On February 2, 2021, the Board of County Commissioners approved the reallocation of one-half (1/2) cent of Tourist Tax revenue that was no longer being used to fund a portion of the County's lease obligation with Major League Baseball for the Jackie Robinson Training Complex. One-third (1/3) of one cent was allocated towards the Beach Restoration Fund, with the remaining one-sixth (1/6) cent being used to fund Tourism Promotion beginning October 1, 2021. Upon further motion, the Board approved allocating 75% of the new revenue stream being allocated towards Tourism Promotion to be held back as a contingency for unforeseen mid -year opportunities. Staff recommends the Outside Agency Funding Policy be updated to reflect this allocation. Recommendation Staff recommends that the Board of County Commissioners approve the aforementioned revisions to the Outside Agency Funding Policy. 118 Attachment Proposed Outside Agency Funding Policy Outside Agency Funding Policy May 2017 Strikethrough Version TDC Meeting Minutes - March 14, 2007 TDC Meeting Minutes — May 16, 2018 TDC Meeting Minutes — March 13, 2019 Agenda Item from February 2, 2021— Allocation Of One -Half Cent Tourist Tax Revenue Board of County Commissioners Meeting Minutes - February 2, 2021 119 Purpose: "Outside Agencies" are entities which perform a particular socioeconomic service for Indian River County. Partial support for their activities comes from County funds. This policy was developed to provide guidelines for Staff and the Board of County Commissioners in the funding of such agencies. Five types of outside agencies are addressed in the body of this policy; Nonprofit, Children's Services, Tourist Development, Quasi -nonprofit, and State agencies. Within each section is a discussion of how County monies are to be allocated to such agencies, how agencies should apply for County funds and each agency's fiscal responsibilities to the County upon the receipt of such funds. Effective Date: This policy shall become effective immediately upon adoption by the Board of County Commissioners of Indian River County. I. Nonprofit Agencies: Indian River County provides funding to various nonprofit organizations offering social services within its boundaries. These expenditures are funded from General Fund revenues currently. This policy will cover nonprofit agency funding from all ad valorem taxing funds. A. Total Nonprofit Funding Allocation - The total amount allocated to nonprofit agencies will be adjusted each year as shown below. The total allocation for nonprofit agencies will be as follows in FY2017/18: Agency Amount Mental Health Walk -In Clinic $22,962 Harvest Food Outreach Center $10,205 211 Palm Beach/Treasure Coast, Inc. $10,205 Senior Services $119,610 Total $162,982 2. No new Agency requests for funding will be approved in FY2017/18 or thereafter. 3. Future year funding will be capped for each agency at the amounts noted in the table above, except For annual adjustments for the standard rate of inflation. 4. Any federal grant sub -recipient will also be required to complete a sub - recipient grant agreement. 120 B. Nonprofit Agency Application for Funding In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are mailed to all nonprofit agencies that received funding in the current year, req-.iested funding for the current year, or inquired about funding any time during the last twelve months. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 1 st in order to be considered for funding in the upcoming budget. 3. The application packets can be seen in Attachment A to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. Certain documentation is required from each agency in addition to the application packet as shown below. a. The agency's latest tax return (Form 990) b. Copy of the Letter of Determination of the agency's nonprofit status (section 501(c)(3)) from the Internal Revenue Service, including Federal Identification Number. c. A statement of agency revenues and expenses for the most recent fiscal year. d. A balance sheet showing the assets, liabilities, and fund balances of the agency. e. Copy of the letter from the F'orida Department of Agriculture & Consumer Services verifying that the agency has complied with the registration requirements of Chapter 496, Florida Statutes, the Solicitations of Contributions Act. f. If the organization has an annual review, compilation, or audit completed by an independent certified public accountant, submit a copy with the application. g. In accordance with this policy, if an agency received $100,000 or more from the County for the prior year, then the agency must have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. A copy of this audit must be submitted to the Indian River County Office of Management and Budget within 180 days after the end of the agency's fiscal year. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. 5. Indian River County will accept applications for funding from nonprofit agencies during this time period only. If an agency suLmits an application for funding after May 1 st, it will not be approved during the current funding cycle. This application maybe considered for the next fiscal year if requested by the ageicy. If any agency requests funding during the middle of 121 a fiscal year, this request may only be funded in the following year through the normal application process. 6. In September each year, the Board of County Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. C. Reserved D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. 4. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1 st may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. 5. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. 122 a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary. If an agency receives $100,000 or more from Indian River County (through all sources, e.g. General Fund, Children's Services, Tourist Tax, etc.), the agency is required to have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. Within 180 days of the end of the agency's fiscal year, the agency will submit the audit to the Indian River County Office of Management & Budget. This fiscal year will be as reported on the application for funding. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. Prior to any change in the fiscal period for an organization, the County shall be notified. 10. If an agency receives a qualified opinion from its independent auditor, this will be reported to the Board of County Commissioners and funding will cease immediately. If the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to the agency. 11. Each Nonprofit Agency receiving funding in FY2017-18 will be required to execute an Indian River County grant contract. Quasi -Nonprofit Agencies: Quasi -nonprofit agencies provide services the County is mandated to provide by law, legislation, or the County's Comprehensive Plan. If these agencies did not provide such services, the County would have to provide them instead. Relationships between the County and quasi -nonprofit agencies are typically governed by contractual agreements. In additicn, some quasi -nonprofit activities are funded in part by grants from state and federal governments. If a portion of this policy conflicts with such a contractual agreement or a grant requirement, then the con-ract or grant will supersede. A. Quasi -Nonprofit Agency Funding Levels If the County has entered into a contractual agreement with a quasi -nonprofit agency, 123 which addresses funding levels cver a period of time, the contracted amounts will dictate funding. If the County receives a grant from a state, federal, or other governmental entity, any grant requirements will dictate. A local :match required for a grant will be provided as stated in an agreement. If the County provides a certain portion of a match, then allocations for the local agency will change as the required match changes. If neither a grant match is required of the County nor any agreement outlines a specified funding level, the agency's allocation will be determined in the same manner as outlined for nonprofit agencies (in Section I.C.). B. Quasi -Nonprofit Application for Funding In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all quasi -nonprofit agencies that received funding in the current year. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 15t in order to be considered for funding in the upcoming budget. 3. The application packets can be seen in Attachment A to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. C. Quasi -Nonprofit Responsibilities After Award of Funding 1. In the event a contractual agreement or grant requirement addresses these issues, such agreement or grant will govern quasi -nonprofit agency responsibilities. Otherwise, these agencies fall under the same guidelines as nonprofit organizations in this policy. 2. Each Quasi -Nonprofit Agency receivig funding in FY2017-18 will be required to execute an Indian River County grant contract. III. Children's Services Agencies: On May 13, 1997, the Board of Commissioners adopted Ordinance No. 97-17, which created the 124 Children's Services Advisory Committee (formerly known as the Children's Services Network). This ordinance provides the guidelines for funding Children's Services agencies. Some additional rules and guidelines are provided by this policy relating to 7eimbursable expenditures for outside agencies. In the event of a conflict between this policy and the ordinance, the ordinance will supersede. The Human Services Department administers the Children's Services network, and thus sets policies for these agencies. However, the Office of Management & Budget reviews all requests for reimbursement. Proper documentation of expenses is required as outlined in the policy for nonprofit agencies. Additionally, these expenses will be reviewed to ensure they were incurred in order to provide the program approved by the Children's Services Advisory Committee and the Board of Commissioners. A. Total Children's Services Funding Allocation The Children's Services ordinance enumerates a funding level for Children's Services agencies. For the first three fiscal years, this level was set at specific dollar amounts. For fiscal years 1998/99, 1999/2000, and 2000/01 these amounts were $300,000, $500,000, and $750,000, respectively. For fiscal year 2001/2002 and future years, this amount will be determined based on an upper limit of 0.125 mills. B. Children's Services Agencies Responsibilities After Award of Funding Children's Services agencies will have the same responsibilities after receiving funding as outlined in the policy for nonprofit agencies. IV. State Agencies: State agencies provide various services within Indian River County in accordance with Florida Statutes. These agencies include the State Attorney, Public Defender, State Forestry Service, Health Department, and others. Florida Statutes govern the relationship between the County and these organizations in most cases. Indian River County has contractual relationships with others, in accordance with Florida tie Statutes as well (e.g., State Health Department). Whenever a contractual agreement or Florida Statutes do not establish such regulations, the policy for nonprofit organizations will be followed. A. State Agency Application for Funding In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all state agencies that received funding in the current year. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 1St for the upcoming budget. 3. The application packets can be seen in Attachment B to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. After a thorough review, the County Administrator presents the recommended budget to the Board of County Commissioners in early July of each year. This proposed budget, which includes funding requests and recommended funding levels for all state agencies is formally reviewed by the Commissioners at public workshops, also held in July. Each 125 agency will be notified in advance of the date of these workshops. Agencies are encouraged to attend these workshops, as discussion may arise that may be relevant to such agencies. 5. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is lecally adopted, the Budget Office will notify each agency of its allocation. B. State Agency Funding Levels Any Florida Statutes or agreements with State Agencies that address funding levels will govern this area. 2. In the absence of governing statutes or agreements, the County Administrator will determine a recommended funding level for each State Agency. Increases in allocation may be on the same basis as provided for nonprofit agencies or on another basis. V. Tourist Development Agencies In 1987, Indian River County began levying the Tourist Development Tax in accordance with Section 125.0104, Florida Statutes. Out of the four (4) cents of tourist tax levied within the County, 1-2/3 cents is awarded to agencies that promote and advertise tourism in Indian River County nationally and internationally, with 75% of 1/6 cents being reserved as contingency funding for unforeseen mid -year opportunities. This policy provides guidelines for funding agencies with Tourist Development Tax. Florida Statutes provide certain requirements for the use of these taxes. This document outlines other policies not addressed in the Statutes (Section 125.0104). In the event of a conflict between the Florida Statutes and this policy, the Florida Statutes will govern. A. Tourist Development Agency Application for Funding In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all tourist development agencies that received funding in the current year, requested funding forthe current year, or inquired about funding any time during the last twelve months. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 1st in order to be considered for funding in the upcoming budget. 3. The application packets can be seen in Attachments A and C to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. Certain documentation is required from each agency in addition to the application packet as shown below. 126 a. The agency's latest tax return (Form 990) b. Copy of the Letter of Determination of the agency's nonprofit status (section 501(c)(3) including Federal Identification Number). C. A statement of agency revenues and expenses for the most recent fiscal year. d. A balance sheet showing the assets, liabilities, and fund balances of the agency. e. Copy of the letter from the State of Florida verifying that the agency has complied with the registration requrements of Chapter 496, Florida Statutes, the Solicitations of Contributions Act. f. If the organization has an annual review, compilation, or audit completed by an independent certified public accountant, a copy must be submitted with the application. g. In accordance with this policy, if an agency received $100,000 or more from the County for the prior year, then the agency must have an audit completed by an independent certified public accountant at the end of the fiscal year for the agency. A copy of this audit must be submitted to the Indian River County Office of Management and Budget within 180 days after the end of the agency's fiscal year. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. 5. During a public meeting (typica'ly scheduled in May), the Tourist Development Council (TDC) will review all applications for funding. At that meeting, the TDC will vote on and approve a recommended level of funding for each agency. The aggregate amount of funding approved for all agencies will equal total revenues for the Tourist Development Fund (Fund 119) as projected by the Office of Management & Budget. 6. Subsequent to the TDC meeting, the Office of Management & Budget will present the TDC recommendation to the Board of Commissioners for approval. The approved funding recommendations will be incorporated into the County Administrator's recommended budget for the next fiscal year. 7. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will then notify each agency of its allocation. B. Tourist Development Agency Funding Levels The aggregate amount of funding available for Tourist Development agencies is 127 determined directly by the amount of Tourist Tax for a given fiscal year. 1-2/3 cents out of the total 4 cents of Tourist Development Tax levied in Indian River County is allocated to these agencies each year. The Office of Management & Budget will develop revenue projections for the Tourist Development Fund for next fiscal year, prior to the TDC meeting in May. This revenue estimate will set the maximum allocation for all agencies. 3. Allocations for individual agencies will be recommended by the TDC to the Board of Commissioners. Decisions to fund new agencies, to discontinue funding to current agencies, and to change allocations to current agencies will be at the discretion of the TDC and finally, the Board of Commissioners. 4. In order to receive funding, an agency must promote, enhance, or attract tourism in Indian River County. 5. The TDC will not accept or fund grant applications from other governmental agencies or municipalities. 6. Indian River County currently has an agreement with the Indian River County/ Vero Beach Chamber of Commerce designating the Chamber as the County's tourist development agency. This agreement will be followed in all aspects of the policy for funding tourist development agencies. 7. The Tourist Development Council has adopted a policy of rating more highly, funding applications for agencies that more directly promote tourism. Also, the TDC will discourage the use of tourist tax monies on salaries. This is in an attempt to direct tourist tax dollars to agencies that "put heads on beds". C. Tourist Development Agency Responsibilities After Award of Funding Indian River County provides funding to tourist development agencies on a reimbursement basis. 2. All reimbursable expenses must be documented by an invoice and/or a copy of canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. 4. Only expenditures during the fiscal year for which funding was awarded may be reimbursed. For example, no expenditures prior to October 1 st may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. 128 All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all tourist development agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. 6. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. 7. As of March 14, 2007, Indian River County will not fund salaries with tourist development monies for any applicants exceot for the designated entities, Indian River County and Sebastian River Area Chambers of Commerce. The current agencies other than the designated Chambers of Commerce receiving funds for salaries will continue to receive funding, however no new agencies would qualify. 8. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies., these must be provided from other sources. C. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlinec in the agency's funding application. 9. The County reserves the right to decline reimbursement for any expense as deemed necessary. 10. If an agency receives $100,000 or more from Indian River County (through all sources, e.g. General Fund, Children's Services, Tourist Tax, etc.), the agency is required to have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. Within 180 days of the end of the agency's fiscal year, the agency will submit the audit to the Indian River County Office of Management & Budget. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. This 129 fiscal year will be as reported on the application for funding. Prior to any change in the fiscal period for an organization, the County shall be notified. 11. If an agency receives a qualified opinion from its independent auditor, this will be reported to the Board of Commissioners and funding will cease immediately. If the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to the agency. 12. Each Tourist Development Agency receiving funding in FY2017-18 or later will be required to execute an Indian Rivar County grant contract. 130 Purpose: "Outside Agencies" are entities which perform a particular socioeconomic service for Indian River County. Partial support for their activities comes from County funds. Th�s policy was developed to provide guidelines for Staff and the Board of County Commissioners in the funding of such agencies. Five types of outside agencies are addressed in the body of this policy; Nonprofit, Children's Services, Tourist Development, Quasi -nonprofit, and State agencies. Within each section is a discussion of how County monies are to be allocated to such agencies, how agencies should apply for County funds and each agency's fiscal responsibilities to the County upon the receipt of such funds. Effective Date: This policy shall become effective immediately upon adoption by the Board of County Commissioners of Indian River County. Nonprofit Agencies: Indian River County provides funding to various nonprofit organizations offering social services within its boundaries. These expenditures are funded from General Fund revenues currently. This policy will cover nonprofit agency funding from all ad valorem taxing funds. A. Total Nonprofit Funding Allocation - The total amount allocated to nonprofit agencies will be adjusted each year as shown below. The total allocation for nonprofit agences will be as follows in FY2017/18: Agency Amount Mental Health Walk -In Clinic $22,962 Harvest Food Outreach Center $10,205 211 Palm Beach/Treasure Coast, Inc. $10,205 Senior Services $119,610 Total $162,982 2. No new Agency requests for funding will be approved in FY2017/18 or thereafter. 3. Future year funding will be capped for each agency at the amounts noted in the table above, except for annual adjustments for the standard rate of inflation. 4. Any federal grant sub -recipient will also be required to complete a sub - recipient grant agreement. 131 B. Nonprofit Agency Application for Funding 1. In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are mailed to all nonprofit agencies that received funding in the current year, requested funding for ;he current year, or inquired about funding any time during the last twelve months. 2. Completed application packets and all additional doc•imentation must be submitted to the Budget Office by May 1s' in order to be corsidered for funding in the upcoming budget. 3. The application packets can be seen in Attachment A to this document. The application includes a description of the countywide purpose fo- the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. Certain documentation is required from each agency in addition to the application packet as shown below. a. The agency's latest tax return (Form 990) b. Copy of the Letter of Determination of the agency s nonprofit status (section 501(c)(3)) from the Internal Revenue Service, including Federal Identification Number. c. A statement of agency revenues and expenses for the most recent fiscal year. d. A balance sheet showing the assets, liabilities, and fund balances of the agency. e. Copy of the letter from the Florida Department cf Agriculture & Consumer Services verifying that the agency has complied with the registration requirements of Chapter 496, Florida Statutes, the Solicitations of Contributions Act. f. If the organization has an annual review, compilation, or audit completed by an independent certified public accountant, submit a copy with the application. g. In accordance with this policy, if an agency received $100,000 or more from the County for the prior year, then the agency must have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. A copy of this audit must be submitted to the Indian Rive: County Office of Management and Budget within 180 days after the end of the agercy's fiscal year. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed -o be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. Indian River County will accept applications for funding from nonprofit agencies during this time period only. If an agency submits an application for funding after May 1st, it will not be approved during the current funding cycle. This application may be considered for the 132 next fiscal year if requested by the agency. If any agency requests funding during the middle of a fiscal year, this request may only be funded in the following year through the normal application process. In September each year, the Board of County Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally -adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. C. Reserved D. Nonprofit Agency Responsibilities After Award of Funding 1. Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. 2. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. 4. Expenditures may only be reimbursed from the fiscal year forwhich funding was awarded. For example, no expenditures prior to October 151 may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. 5. All requests for reimbursement at fiscal yearend (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests forthe fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. 6. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency fcr only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. 7. Indian River County will not reimburse certain types of expenditures. These expenditure 133 types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. 8. The County reserves the right to decline reimbursement for any expense as deemed necessary. 9. If an agency receives $100,000 or more from Indian River County (through all sources, e.g. General Fund, Children's Services, Tourist Tax, etc.), the agency is required to have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. Within 180 days of the end of the agency's fiscal year, the agency will submit the audit to the Indian River County Office of Management & Budget. This fiscal year will be as reported on the application for funding. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. Prior to any change in the fiscal period for an organization, the County shall be notified. 10. If an agency receives a qualified opinion from its independent auditor, this will be reported to the Board of County Commissioners and funding will cease immediately. If the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may Le sent to the agency. 11. Each Nonprofit Agency receiving funding in FY2017-18 will be required to execute an Indian River County grant contract. II. Quasi -Nonprofit Agencies: Quasi -nonprofit agencies provide services the County is mandated to provide by law, legislation, or the County's Comprehensive Plan. If these agencies did not provide such services, the County would have to provide them instead. Relationships between the County and quasi -nonprofit agencies are typically governed by contractual agreements. In addition, some quasi-nonp;-ofit activities are funded in part by grants from state and federal governments. If a portion of this policy conflicts with such a contractual agreement or a grant requirement, then the contract or grant will supersede. A. Quasi -Nonprofit Agency Funding Levels 134 If the County has entered into a contractual agreement with a quasi -nonprofit agency, which addresses funding levels over a period of time, the contracted amounts will dictate funding. If the County receives a grant from a state, federal, or other governmental entity, any grant requirements will dictate. A local match required for a grant will be provided as stated in an agreement. If the County provides a certain portion of a match, then allocations for the local agency will change as the required match changes. 3. If neither a grant match is required of the County nor any agreement outlines a specified funding level, the agency's allocation will be determired in the same manner as outlined for nonprofit agencies (in Section I.C.). B. Quasi -Nonprofit Application for Funding 1. In early March of each year, the Budget Office serds out application packets for the upcoming budget year. These packets are sent out to all quasi -nonprofit agencies that received funding in the current year. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May I" in order to be considered for funding in the upcoming budget. 3. The application packets can be seen in Attachment A to this document. The application includes a description of the countywide purpose for _he funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. Quasi -Nonprofit Responsibilities After Award of Funding 1. In the event a contractual agreement or grant requirement addresses these issues, such agreement or grant will govern quasi -nonprofit agency responsibilities. Otherwise, these agencies fall under the same guidelines as nonprofit organizations in this policy. 2. Each Quasi -Nonprofit Agency receiving funding in FY2017-18 will be required to execute an Indian River County grant contract. III. Children's Services Agencies: 135 On May 13, 1997, the Board of Commissioners adopted Ordinance No. 97-17, which created the Children's Services Advisory Committee (formerly known as the Children's Services Network). This ordinance provides the guidelines for funding Children's Services agencies. Some additional rules and guidelines are provided by this policy relating to reimbursable expeqditures for outside agencies. In the event of a conflict between this policy and the ordinance. the ordnance will supersede. The Human Services Department administers the Children's Services network, and thus sets policies for these agencies. However, the Office of Management & Budget reviews al -equests for reimbursement. Proper documentation of expenses is required as outlined in the policyfor ncnprofit agencies. Additionally, these expenses will be reviewed to ensure they were incurred in order to provide the program approved by the Children's Services Advisory Committee and the Board of Commissioners. A. Total Children's Services Funding Allocation The Children's Services ordinance enumerates a funding level for Children's Services agencies. For the first three fiscal years, this level was set at specific dollar amounts. For fiscal years 1998/99, 1999/2000, and 2000/01 these amounts were $300,000, $500,000, and $750,000, respectively. For fiscal year 2001/2002 and future years, this amount will be determined based on an upper limit of 0.125 mills. Children's Services Agencies Responsibilities After Award of Funding Children's Services agencies will have the same responsibilities after receiving funding as outlined in the policy for nonprofit agencies. IV. State Agencies: State agencies provide various services within Indian River County in accordance with Florida Statutes. These ager -cies include the State Attorney, Public Defender, State Forestry Service, Health Department, and others. Florida Statutes govern the relationship between the County and these organizations in most cases. Indian River County has contractual relationships with others, in accordance with Florida the Statutes as well (e.g., State Health Department). Whenever a contrectual agreement or Florida Statutes do not establish such regulations, the policy for nonprofit organizations will be followed. A. State Agency Application for Funding 1. In early March of each year, the Budget Office serds out application packets for the upcoming budget year. These packets are sent out to all state agencies that received funding in the current year. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May I" for the upcoming budget. 3. The application packets can be seen in Attachment to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. After a thorough review, the County Administrator presents the recommended budget to 136 the Board of County Commissioners in eary July of each year. This proposed budget, which includes funding requests and recommended funding levels for all state agencies is formally reviewed by the Commissioners at public workshops, also held in July. Each agency will be notified in advance of the date of these workshops. Agencies are encouraged to attend these workshops, as discussion may arise that may be relevant to such agencies. 5. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. B. State Agency Funding Levels Any Florida Statutes or agreements with State Agencies that address funding levels will govern this area. 2. In the absence of governing statutes or agreements, the County Administrator will determine a recommended funding level for each State Agency. Increases in allocation may be on the same basis as provided for nonprofit agencies or on another basis. V. Tourist Development Agencies In 1987, Indian River County began levying the Tourist Development Tax in accordance with Section 125.0104, Florida Statutes. Out of the four (4) cents of tourst tax levied within the County, 1-2/3442 cent is awarded to agencies that promote and advertise tourism in Irdian River County nationally and internationally, with 75% of 1/6 cents being reserved as contingency funding for unforeseen mid-vealr opportunities. This policy provides guidelines for funding agencies with Tourist Development Ta Florida Statutes provide certain requirements for the use of these taxes. This document outlines other policies not addressed in the Statutes (Section 125.0104). In the event of a conflict between the Florida Statutes and this policy, the Florida Statutes will govern. A. Tourist Development Agency Application for Funding In early March of each year, the Budget Office senJs out application packets for the upcoming budget year. These packets are sent out to all tourist development agencies that received funding in the current year, requested funding for the current year, or inquired about funding any time during the last twelve months. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 15t in order to be considered for funding in the upcoming budget. 3. The application packets can be seen in Attachments A and C to this document. The 137 application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directcrs, salary information, and various financial forms. 4. Certain documentation is required from each agency in addition to the application packet as shown below. a. The agency's latest tax return (Form 990) b. Copy of the Letter of Determination of the agency's nonprofit status (section 501(c)(3) including Federal Identification Number. C. A statement of agency revenues and expenses for the most recent fiscal year. d. A balance sheet showing the assets. liabilities, and fund balances of the agency. e. Copy of the letter from the State of F orida verifying that the agency has complied with the registration requirements of Chapter 496, Florida Statutes, the Solicitations of Contributions Act. f. If the organization has an annual review, compilation, or audit completed by an independent certified public accountant, a copy must be submitted with the application. g. In accordance with this policy, if an agency received $100,000 or more from the County for the prior year, then the agency must have an audit completed by an independent certified public accountant at the end of the fiscal yearfor the agency. A copy of this audit must be submitted to the Indian River County Office of Management and Budget within180 days afterthe end of the agency's fiscal year. The Budget Office may extend the 980 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. 5. During a public meeting (typically scheduled in May) the Tourist Development Council (TDC) will review all applications for funding. At that meeting, the TDC will vote on and approve a recommended level of funding for each agency. The aggregate amount of funding approved for all agencies will equal total revenues for the Tourist Development Fund (Fund 119) as projected by the Office of Management & Budget. 6. Subsequent to the TDC meeting, the Office of Management & Budget will present the TDC recommendation to the Board of Commissioners for approval. The approved funding recommendations will be incorporated into the County Administrator's recommended budget for the next fiscal year. 7. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next 138 fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the 'Budget Office will then notify each agency of its allocation. B. Tourist Development Agency Funding Levels The aggregate amount of funding available for Tourist Development agencies is determined directly by the amount of Tourist Tax for a given fiscal year. 1-2/3412 cent out of the total 4 cents of Tourist Development Tax levied in Indian River County is allocated to these agencies each year. 2. The Office of Management & Budget will develop revenue projections for the Tourist Formatted: Left Development Fund for next fiscal year, prior to the -DC meeting in May. This revenue estimate will set the maximum allocation for all agencies. 3. Allocations for individual agencies will be recommended by the TDC to the Board of Commissioners. Decisions to fund new agencies, to discontinue funding to current agencies, and to change allocations to current agercies will be at the discretion of the TDC and finally, the Board of Commissioners. 4. In order to receive funding, an agency must promote, enhance, or attract tourism in Indian River County. Formatted: List Paragraph, Left, No bullets or numbering, 45. The TDC will not acce t or fund grant applications from other governmental agencies r Tab stops: Not at -1" municioalities. &6. Indian River County currently has an agreement with the Indian River County/ Vero Beach Chamber of Commerce designating the Chamber as the County's tourist development agency. This agreement will be followed in all aspects of the policy for funding tourist development agencies. 6-7. The Tourist Development Council has adopted a policy of rating more highly, funding applications for agencies that more directly prowte tourism. Also, the TDC will discourage the use of tourist tax monies on salaries. This is in an attempt to direct tourist tax dollars to agencies that "put heads on beds". C. Tourist Development Agency Responsibilities After Award of Funding Indian River County provides funding to tourist development agencies on a reimbursement basis. 2. All reimbursable expenses must be documented by a -i invoice and/or a copy of canceled check. Any expense not documented properly tc the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation 139 on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Only expenditures during the fiscal year for which funding was awarded may be reimbursed. For example, no expenditures prior to October 151 may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all tourist development agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. 6. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Formatted: List Paragraph, Left, No bullets or numbering, 7. As of March 14, 2007, Indian River County will not fund salaries with tourist development Tab stops: Not at -1" monies for any applicants except for the designated entities, Indian River County and Sebastian River Area Chambers of Commerce. The current agencies other than the designated Chambers of Commerce receiving funds -or salaries will continue to receive funding, however no new agencies would qualify. =r-attedr,agraph, Left, No bullets or numbering, " 8. Indian River County will not reimburse certain types o' expenditures. These expenditure Formatted: Indent: Left: 1", No bullets or numbering types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be pro Jded from other sources. C. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. 9. The County reserves the right to decline reimbursement for any expense as deemed Formatted: Indent: Left: 0", Hanging: 1", No bullets or necessary. numbering Formatted: Font: (Default) Arial, 11 pt 140 810. If an agency receives $100,000 or more from Indian River County (through all sourced, e.g. General Fund, Children's Services, Tourist Tax, etc.), the agency is required to have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. Within 180 days of the end of the agency's fiscal year, the agency will submit the audit to the Indian River County Office of Management & Budget. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. This fiscal year will be as reported on the application For funding. Prior to any change in the fiscal period for an organization, the County shall be notified. 110. If an agency receives a qualified opinion from its independent auditor, this will be reported to the Board of Commissioners and funding will cease immediately. If the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to the agency. 124. _ Each Tourist Development Agency receiving funding in FY2017-18 or later will b Formatted: Normal, Indent: Left: 0.5", First line: 0", Tab required to execute an Indian River County grant contract. stops: Not at -I"+ 0.55" 141 TOURIST DEVELOPMENT COUNCIL There was a meeting of the Indian River County (IRC) Tourist Development Council (TDC) on Wednesday, March 14, 2007, at 2:00 p.m. in the Commission Chambers of the County Administration Building, 1840 25th Street, Vero Beach, Florida. Present were Chairman Gary C. Wheeler, County Commissioner; Members: Council Member Al Paternoster, Sebastian Municipal Officer; Jon Bates and Kathryn Beatty -Self, Owner/Operator Tourist Accommodations Appointees; Susan Hunt, Councilwoman Susan Adams, and Jack Berrigan, Interested in Tourist Development Appointees. Absent was Councilmember Debra Fromang, Vero Beach Municipal Officer and Sheryl Koenes, Owner/Operator Tourist Accommodations Appointee (both excused). Also present were IRC Staff: Joseph Baird, County Administrator; William G. Collins, II, County Attorney; Jason Brown, Office of Management and Budget Director; and Darcy Vasilas, Interim Executive Aide. Others present: Penny Chandler, Executive Director, and Lori Burns, Tourism Marketing Director, Indian River County Chamber of Commerce (IRCOC); and Beth Mitchell, Executive Director, Sebastian River Area Chamber of Commerce (SRACOC). Call to Order Chairman Gary Wheeler called the meeting to order at 2:00 p.m. and introduced himself and new member, Mr. Jack Berrigan as an Interested in Tourist Development Appointee. He asked if there were any additions to the agenda. Mr. Bates stated in the minutes from the September 20, 2006 TDC meeting there were two items suggested to be put on this agenda, Ms. Penny Chandler had suggested discussing the current rating system and he would like to continue further discussion on how the monies received from the tourist development funds were spent. Chairman Wheeler agreed to add the rating system as Item #4 on the agenda and Item #5 would address how the monies were spert. TDC/Approved 1 March 14, 2007 CADocuments and Settings\sjohnson\Local Settirgs\Temporary Internet Files\0LK347\TDC Min 031407.doc 142 ON MOTION BY Ms. Hunt, SECONDED BY Councilmember Paternoster, the members voted unanimously (7-0) to accept the two additions to the agenda. Approval of Minutes of the September 20, 2006 Meeting ON MOTION BY Mr. Bates, SECONDED by Councilwoman Adams, the members voted unanimously (7-0) to approve the September 20, 2006 minutes, as submitted. Discussion of the Current Rating System Mr. Bates asked Ms. Penny Chandler, Executive Director of the Indian River Chamber of Commerce (IRCOC), to come forward and discuss the current rating system and the concerns she had asked to be addressed. Ms. Chandler explained thee had been a major discussion at the September 20, 2006 TDC meeting and since the meeting had been running long, she had made a suggestion to discuss it at the next meeting. Mr. Joseph Baird, IRC County Administrator, interjected there were two items discussed, one was the current method of assigning points for each area rated, the other was people did not understand the applicants that received the highest points would not necessarily get the majority of the money. He explained that was not the way the funds were dispersed because of the bickering that had gone on years ago so the rating sheets were developed. He added the Chamber of Commerce automatically received 70% the funds. Ms. Hunt related the rating item "subjectivity" was something discussed and it was felt to be redundant with the "presentation and creativity" scoring items. Mr. Baird stated staff could work on the rating items. Mr. Bates related at the I`vlay 17, 2006 TDC meeting when the presentations were made for the 2006/2007 dispersed funds, there was no way to develop any kind of contingency fund because all the money would TDA/Approved 2 March 14, 2007 CADocuments and Settings\sjohnson\Local Settings\Temporary Internet Files\OLK347\TDC Min 03' 407.doc 143 be given to every entity applying if it were availabl, regardless of the merit of the program. He felt that was something that should be re-evaluated. A discussion ensued on methods that could be instituted for designating a particular percentage of the tourist development funds to be put in contingency. Mr. Baird suggested having another meeting on how to improve the application packet. He opined the current packet would be sent out and when the revisions were made, a revised copy would be provided. He clarified the tourist development money was not just for non-profit agencies, but was to be used to put heads on beds and improve the tourist industry. ON MOTION BY Ms. Hunt, SECONDED BY Chairman Wheeler, the members voted unanimously (7-0) to further investigate the evaluation rating sheets to make them less subjective and more analytical to better determine the effectiveness of where the tourist development dollars were most efficiently spent. Review of How Tourist Development Money Is Spent Mr. Bates related there had been a great deal of discussion in the past in reference to whether the tourism dollars should be used to fund salaries other than the designated entities, the Indian River and Sebastian River Area Chambers of Commerce. He was opposed to using the monies for salaries for any other entity. Mr. Bates stated he did not feel it was appropriate to spend tourist development money locally within the County for newspaper ads that would not necessarily draw people into the County to spend the night. He felt there should be some rules in place before the May 16, 2007 meeting to better address those issues. Chairman Wheeler opined Mr. Bates' concerns could be addressed with any changes made to the rating sheets to include that information. Ms. Hunt wished to expand the thought of just having heads on beds to include other tourism attractions because when tourists were in the area TDC/Approved _ March 14, 2007 CADocuments and Settings\sjohnson\Local Settings\Temporary Internet Files\OLK347\TDC Min 031407.doc 144 local advertising would be needed for there to find entertainment while visiting, or to perhaps extend their stay or encourage repeat visits. ON MOTION BY Mr. Bates, SECONDED BY Ms. Beatty -Self, the members voted unanimously (7- 0) to not fund salaries with tourist development monies to any other applican 6s except for the designated entities, Indian River County and Sebastian River Area Chambers of Commerce. The current agencies other than the designated Chambers of Commerce receiving funds for salaries would continue to receive funding, but no new requests would be granted. Consideration of Changes to Procedures For Allocating Funds Chairman Wheeler explained the reason he added this item to the agenda was to look to assess if there were better ways, not only to spend the tourist development funds, but get more `bang for your buck". He felt it was important to compare methods and discuss other potential options. Ms. Hunt opined the statement "consideration of changes to procedures fol- allocating funds" was extremely vague and asked for an explanation of what that meant. Chairman Wheeler noted there were some counties who handled their tourist development in-house, there were counties who handled it through private providers, and others that handled it through the local Chamber of Commerce. He felt it would be prudent to investigate the other options to determine how they worked and compare those methods with what is currently being done in our County. He acknowledged he had received letters from businesses and citizens in IRC stating they were happy with the way tourism was currently being handled but he felt it was important to also look at the other methods. -_�Ihairman Wheeler likened the comparison of how tourism was handled with other counties to comparing prices when shopping. Mr. Berdgan stated the reason he liked the suggestion to look at other options was to avoid becoming complacent and be open to changes that could improve tourist dollars coming into IRC. A discussion was held TDC/Approved 4 March 14, 2007 CADocuments and :settings\sjohnson\Local Settings\Temporary Internet Files\OLK347\TDC Min 031407.doc 145 regarding current methods in place for measuring how effective certain advertising avenues were working. Councilwoman Adams stated Chairman Wheeler and Mr. Berrigan had not yet been present when the various agencies made their annual requests for tourist development funds, and explained the Chambers of Commerce made a presentation to the TDC showing what they had spent the previous years' funds on and what they proposed to spend the money on in the future. She added there was a review process and accountability measures currently in place at the annual requests meeting. Ms. Hunt thought perhaps they were going in the wrong direction and felt it was important to continue developing the tourist attractions and keep the area vital. She noted the area was still recovering from the 2004 hurricanes and before analyzing how the product was being marketed, the product should be evaluated to make sure it was everything it needed to be. Chairman Wheeler wished to make it clear he did not have any objections or complaints about what the Chambers of Commerce were doing, but he felt if an independent source reviewed what was being done in IRC as compared to other counties in relation to tourism, it would be beneficial to the economy. Ms. Beatty -Self asked how much it would cost to hire a consultant and where would the funding come from. Mr. Baird offered to bring that information back to the committee but noted the application packets for FY2OO7/2OO8 were being mailed out in two weeks and if the committee wanted to hire a consultant it may be necessary for them to do that for the FY2OO8/2OO9 applications. Councilwoman Adams asked Mr. Baird if the tourist development monies could be spent to hire a consultant. Mr. Baird responded in the affirmative, adding anything to improve tourism was eligible for the tourist development funds. Ms. Hunt wondered if it wculd make more sense to put tracking devices on the current programs in place to evaluate them. She explained several tracking methods she had experience with in the shopping center industry. TDC/Approved 5 March 14, 2007 CADocuments and Settings\sjohnson\Local Settings\Temporary Internet Files\OLK347\TDC Min 031407.doc 146 Council Member Paternoste- asked why we should not expand our horizons and obtain improvement options while being open to a different way of doing things. Councilwoman Adams did not understand why the issue of hiring a consultant was being pursued. She opined the committee was expressing there was nothing wrong with the current system and felt hiring a consultant would be hiring someone to fix something that was not broken. Chairman Wheeler replied if you did not look, you would not know if something was broken. Mr. Berrigan expressed thele was another way to accomplish the task of finding out if the marketing of tourism was being performed at its highest and best, and that was to create a Request for Proposal (RFP). He continued when putting out for a RFP, the Chambers could win, or someone else may come in with a better plan. Mr. Baird explained during the "off tourist season" problems were created when hotels were empty and it may be beneficial for someone to look at other ways to draw tourists to the area. A lengthy discussion ensued regarding the matter of continuing to use the Chambers of Commerce for tourist promotion and the consideration of using alternative sources. Ms. Hunt felt the knowledge of the TDC far exceeded the knowledge a consultant may provide or through a RFP. Councilwoman Adams stated anyone wanting to see how the tourist development money was spent, or wanting to apply for monies, were welcome to come before the TDC. She did not feel the RFP process was necessary. Mr. Bates agreed with Chairman Wheeler in the idea of shopping for the best value, but he related the Chambers of Commerce was a not -for profit entity and they were not in the market to compete with an advertising company. He was pleased with the efforts the Chambers of Commerce had put forth and was personally happy with their results in his business. Chairman Wheeler pointed out since the Chambers of Commerce was a not-for-profit entity, they should be able to provide their service even TDC/Approved N March 14, 2007 CADocuments and Settings\sjohnson\Local Settings\Temporary Internet Files\OLK347\TDC Min 031407.doc 147 less expensive than a for-profit organization. He also felt with an RFP the Chambers would be in great shape with their experience and knowledge and would provide some legitimacy to the money being spent each year through the TDC. ON MOTION BY Mr. Berrigan, SECONDED BY Council Member Paternoster, that the Tourist Development Council request the Board of County Commissioners change its current procedure for allocating Tourist Development Council funds to a Request for Proposals to be prepared by the County to allow for competitive bids for the use of these funds. UNDER DISCUSSION, Mr. Baird asked for clarification of when the process would be changed since t` -1e application packets were going out in two weeks. Chairman Wheeler stated it would be have to be for the FY2008/2009 budget year. Mr. Will Collins II, IRC County Attorney, interjected what was being suggested was much broader than the Florida Statutes would allow. He added the Statutes allowed the TDC to fund convention bureaus, tourist bureaus and as County agencies or by contract with Chambers of Commerce, or similar associations in the County. He did not feel it could be open to any corporations to put out the tourism promotion to a private entity. Attorney Collins cautioned the committee not to put out RFP's and solicit private advertising agencies who may not qualify for the use of the funds. Ms. Hunt agreed the TDC should do their homework prior to doing an RFP, and felt further discovery should be done before proceeding. Councilwoman Adams wished to go on the record as saying she was teary of going down the path since she had been approached by a gentleman to educate her on the RFP process and was told by him he had been offered a job to oversee the RFP process. She was concerned about the intertwining of the process and the current discussion. Chairman Wheeler asked who the gentleman was that approached her and who offered that person a job. Chairwoman Adams replied it was Mr. Charlie TDC/Approved 7 March 14, 2007 CADocuments and Settings\sjohnson\Local Settngs\Temporary Internet Files\OLK347\TDC Min 03i407.doc 148 Wilson and he did not clarify who had offered him a job to oversee a RFP process. Chairman Wheeler explainedthe only person having the ability to hire any employee for the County was Mr. Baird. Mr. Baird interjected he did not offer Mr. Wilson a job adding he does not have a budgeted position for that job. Mr. Charlie Wilson clarified re did not ask for a job with County, and Mr. Baird did not offer him a job. He wished to state for the record he did not want anything to do with a RFP. He did do the report that showed if the committee wanted to do an RFP, it could be done under the current contract because you could still declare the Chambers as the official tourist bureau and RFP's with the advertising agencies directly reporting the TDC. He reiterated he did not work for the County, he was not going to work for the County, and he would not accept an invitation to reply to any bids. Ms. Hunt felt the whole discussion should be opened to the public to allow them a chance to give their comments. Chairman Wheeler then opened the meeting to the public at 2:56 p.m., and since no one cared to speak, the public input session was closed. Mr. Bates asked for clarification from Attorney Collins before voting on something that may not be legal to begin with. Attorney Collins recommended conducting a survey through the Florida Association of Counties which may take a couple of weeks to get a response. Council Member Paternoster asked Mr. Wilson for examples of other counties using RFP's. Mr. Wilson replied one of the counties was St. Lucie County and had been successful. He added using the RFP's may be the only way to find out if the $220,000 in overhead used by the Chambers of Commerce was being used most efficiently. Mr. Bates and Mr. Wilson held a lengthy debate regarding the $220,000 overhead figure. Mr. Jason Brown, IRC Office of Management and Budget Director, explained how the 70% rule came into effect. He felt the Chambers were a good shepherd of the taxpayers' dollars and reviewed some of the other charges paid for by the Chambers that were not listed in the $220,000 figure presented by Mr. Wilson. Mr. Brown pointed out his office had conducted a survey a couple of months ago from nine surrounding comparable counties and found five of the counties had an in-house TDC/Approved 8 March 14, 2007 CADocuments and Settings\sjohnson\Local Setti.-igs\Temporary Internet Files\OLK347\TDC Min 031407.doc 149 program for tourism development, four used outside agencies which were Chambers of Commerce or other organizations. Ms. Penny Chandler, Executive Director, Indian River County Chamber of Commerce, addressed their overhead expenditures by first reading a definition of the word "overhead". She continued the Chambers administered the tourism function and as such, everything would be considered overhead. Ms. Chandler gave a lengthy description of the methods used by the Chambers for advertising, their discounts and how they were negotiated, and the money spent by the Chamber. She explained before the Chamber could receive any money from tax revenues they must first spend money and all expenditures were closely monitored and scrutinized by the IRC Budget Department. Ms. Chandler addressed the comment concerning salaries. She reported the Sebastian River Area Chamber had two full-time employees being paid with tourist development funds, one was paid $15,108 for the Tourism Director, and noted that amount was matched by additional funds by their Chamber. There was alsc a full-time administrative position which received $16,480. At the Indian River Chamber, one full-time tourism director, Lori Burns, received $48,000 and a part-time receptionist received $14,544 and another $16,763 was allocated to them but was not used for an employee. Chairman Wheeler thanked Ms. Chandler for her comments and reiterated he was not complaining about the work the Chambers had been doing, he just felt it was fiscally responsible to evaluate on a regular basis if things could be done differently or in a more cost effective manner. Ms. Chandler pointed out there were many years when then entire 70% of the tourist development funds were not used by the Chambers so the remaining funds were not dispersed to them from the Budget Office. She added they had offered to help other agencies with the Chambers' remaining funds who were in need. Ms. Chandler commended the staff of both local Chamber organizations for the pride they put forth in their work and efforts in the TDC/Approved _ March 14, 2007 CADocuments and Settings\sjohnson\Local Settings\Temporary Internet Files\OLK347\TDC Min 031407.doc 150 community. She was here to answer any questions the TDC may have and was open to suggestions or criticism regarding the current practices. Chairman Wheeler admitted while things may not be "broken", it was important to see if they could be done better. He felt people had become defensive and that was not his intention, but thought it was common sense to see where you could get the biggest "bang for your buck". Mr. Bates had concerns that the new members of the TDC had not been properly oriented as to how the Chamber functioned and to be coming in to their first meeting and saying there was something wrong and wanting to change directions was not right. Ms. Chandler interjected as far as she was aware, at every government within the community there was no orientation provided to new committee members. She felt it was important when a person was serving on a committee in an advisory capacity, there should be a procedure in place to educate the members. Ms. Hunt redirected the members to the state of the economy noting it was fragile right now with the recovery efforts after the 2004 hurricanes. She felt sending out a RFP woud disrupt the direction we were moving during this recovery period. Mr. Mike Stevens, 22 year resident, related there were a lot of changes in the economy from agriculture to construction and through special interest groups the construction industry had been slowed down tremendously. Industry had been slow to be brought into the area and accused a special interest group of attacking tourism to slow down the growth of IRC. Mr. Stevens opined if the tourism industry was put under the auspices of the County, it would not be attended to as well as it was through the Chambers. Chairman Wheeler took exception to the innuendoes to the reference Mr. Stevens made to "special interest groups" and accusing them for problems with the economy. He stated he added the item to review the current system to the agenda, not some "special interest group". Mr. Berrigan clarified his interest was he was on the Board of Directors of the Reef and wanted to see more tour sm, not less. Mr. Cliff Norris stated he could not understand why Chairman Wheeler in his first action on the TDC was not asking his fellow committee TDC/Approved 10 March 14, 2007 C:\Documents and Settings\sjohnson\Local Sett ngs\Temporary Internet Files\OLK347\TDC Min 031407.doc 151 members what he could do to improve the life of the people in the tourism business instead of wanting to change or rearrange it. He suggested Chairman Wheeler orient himself to the procedures of the TDC before the next meeting. Chairman Wheeler responded that was what he was doing, asking questions and finding out how the process worked. Ms. Susan Smith, president of McKee Botanical Gardens (Gardens), related people were visiting the Gardens from all over the state to view the current Dinosaur Exhibit thanks to all the marketing provided through the Chambers. She opined by pooling the resources with other agencies in the tourism industry they got more advertisement than they could have on their own. Ms. Lisanne Monier, City of Sebastian resident, informed the TDC they would dramatically affect her life personally, but would also affect the lives of every business owner in Sebastian if there were not the current people handling the advertising for her. She shared the efforts the Chambers had put forth to help with her own business advertising. Mr. Bill Curtis, Chairman of the Chamber of Commerce, asked the TDC to defer the idea of a RFP for this year's application period to allow the committee to study the matter in depth and evaluate what should be done for next year. THE MOTION WAS CALLED, and the members voted (3-4) in which the motion failed. Chairman Wheeler, Mr. Berrigan and Mr. Paternoster voted in favor of the motion. Mr. Bates, Ms. Beatty - Self, Ms. Hunt and Councilwoman Adams voted against the motion. Chairman Wheeler called for a break at 4:12 p.m. and the meeting resumed at 4:19 p.m. Tourist Tax Revenue Updates Mr. Jason Brown distributed two handouts, copies of which are on file in the Commission Office. He reviewed the Tourist Tax Monthly Revenues and noted there was an approximately 13% decrease in the revenues collected and explained some of that was due to the large amount of revenues received in the off season at the beginning of 2006. TDC/Approved 11 March 14, 2007 C:\Documents and Settings\sjohnson\Local Setting s\Temporary Internet Files\OLK347\TDC Min 031407.doc 152 Chairman Wheeler asked how many beds were available to rent and wondered if the 13% decrease was due to the loss of some of the hotel rooms due to the 2004 hurricanes. Ms. Chandler replied IRC was currently down 200 beds and while there had been an increase in the beds coming back to being available after the hurricanes, there were still more in the renovation stages. Ms. Chandler also explained there was not a firm benchmark currently for evaluating heads on beds. Discussion ensued on the number of beds actually available in the County and the consensus was there were approximately 2,000 beds available. Other Matters Ms. Beatty -Self requested a moment to remember former TDC member Robert Tenbus, who passed away January 26, 2007. Adiournment There being no further business, the meeting adjourned at 4:29 p.m. TDC/Approved 12 March 14, 2007 C:'Oocuments and Settings\sjohnson\Local Settings\Temporary Internet Files\OLK347\TDC Min 031407.doc 153 TOURIST DEVELOPMENT COUNCIL The Indian River County (IRC) Tourist Development Council (TDC) met on Wednesday, May 16, 2018, at 2:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Building A, Vero Beach, Florida. You may hear an audio of the meeting; review the agenda and the minutes on the IRC website — http://www. ircgov.com/Boards/TDC/index.htm Members Present were: Chairman Susan Adams, Indian River County Commissioner, District 1 Jennifer Bates, Owner/Operator Tourist Accommodations Appointee (via telephone conference) Steve Hayes, BCC Appointee Amanda Smalley, Interested in Tourist Development not an Owner/Operator Linda Kinchen, Councilmember, City of Sebastian Harry Howie, III, Councilmember, City of Vero Beach Keith Kite, Owner/Operator Tourist Accommodation Appointee Karen Mechling, Interested in Tourist Deve=opment not an Owner/Operator Members Absent were: Will Collins, Owner/Operator Tourist Accommodations Appointee Others Present were: Allison McNeal, Tourism Director, Indian River Chamber of Commerce Nicole Holbrook, Tourism Director, Sebastian River Area Chamber of Commerce Barbara Hoffman, Executive Director, Cultural Council of Indian River County Ruth Stanbridge, County Historian, Indian River County Historical Society Richard Hatcher, Director, Treasure Coast Sports Commission Ryan Strickland, Director of Business Development & Marketing, Treasure Coast Sports Commission Penny Chandler, Director, Indian River Chamber of Commerce Beth Mitchell, President/CEO, Sebastian R -ver Area Chamber of Commerce Alex Soares, Executive Director, Vero Heritage, Inc. Eric Menger, Director, Vero Beach Airport Anthony Young, Councilmember, City of Vero Beach Interested Parties in Attendance (from Sign -In Sheet): Laura Moss Kevin Greene Elisa Sielinski Catherine Caddell Kirk Funnel Carolyn Bayless Sophie Bentham -Wood Nicki Maslin Janet Begley Indian River County Staff Present were: Jason Brown, County Administrator Dylan Reingold, County Attorney Mike Smykowski, Director, Management and Budget, Indian River County Lisa Hill, Recording Secretary 154 Call to Order Chairman Adams called the meeting to order at 2:03 p.m. and noted a quorum of members in attendance. Chairman Adams led the Committee and audience in the Pledge of Allegiance. Additions or Deletions to the Aqenda Chairman Adams called for agenda item additions or deletions. Ms. Bates, who was participating via teleconference, asked to discuss her review of the proposals provided by the entities requesting Tourist Development Grant funds. Ms. Bates noted that she had conveyed her scores for ranking the requestors. The following were proposed funding from Ms. Bates: Cultural Council - $ 20,000 Historical Society - $ 32,000 Treasure Coast Sports Commission - $200,000 Vero Heritage $ 15,000 City of Vero Beach $ 10,000 Vero Beach Airport $ 75,000 Ms. Bates explained that the amount she believes should be awarded to the City of Vero Beach would provide them with some funds for the 100 year Centennial celebration without fully funding the events. Vero Beach Regional Airport funding would allow the possibility of bringing in a second airline and provide tourism components that would make a very positive impact. The Cultural Council should be cut to $20,000 as the funding could go to a more broad audience as Ms. Bates believes the Cultural Council events are more directed to local visitors. No other changes to the agenda were requested. Approval of Minutes from the February 21, 2018, TDC Meeting (Action Item) ON MOTION BY Mr. Howie, SECONDED BY Ms. Smalley, the Members voted unanimously (7-0) to approve the February 21, 2018, meeting minutes as presented. Authorized Uses of Tourist Tax Revenue per Florida Statute 125.0104(5)(x) Mr. Reingold reviewed the authorized uses of the Tourist Tax Revenue and the structure of the tax revenue disbursement in Indian River County. The overall four cent tax includes one cent for the bonds for Dodgertown, one and one hal` cent for beach and shore projects and one and one half cent for tourism promotion. The Tourist Development Council is tasked with reviewing how the one and one half cent for tourism promotion is to be distributed to attract visitors through tourism. Ms. Adams related a recent discussion at a Board of County Commissioner meeting related to how the tourism promotion funds could be distributed. She noted that a part of the discussion included a reserve fund policy that would be further discussed at the August 2018 meeting and which would affect the following fiscal year. The reserve fund could allow for the expending of funds for items that may be outside of the regular review cycle of setting the funding levels each fiscal year. Mr. Brown stated that the County has a fund balance that is about 30 percent of the operating funds including the Tourist Development funds. He noted that under the tourism tax, there are good and bad revenue years and there needs to be a healthy reserve to get through the years 155 when there are less available funds. Mr. Brown advised that some of the fund balance was utilized during the most recent economic downturn. Ms. Adams noted that she would be in agreement with a 40 percent reserve for tourism as she is concerned that there may be a need to have a larger reserve in the event of upcoming economic downturns. Vs. Adams detailed some of the other issues discussed at the Board of County Commissioners meeting, which included the allowed uses, specifically for funding directly allocated to the municipalities for projects. She stated that at the August 2018 meeting the Council should look at ;he policy and what types of organizations it wanted to receive grant requests from in the future. Ms. Adams reminded the Council that all app icants must first expend the funds for the projects :hat are approved for a given fiscal year and then receive reimbursement through the granting of he Tourist Development Tax Fund. With respect to the two requests from the City of Vero Beach, Ms. Adams stated that providing cirect funding to the municipalities would set precedent allowing for each of the jurisdictions located within Indian River County to request funding in the `uture. Historically, the efforts of promoting tourism have been a collaborative effort between a[! Df the grantee recipients and the municipalities. This has allowed for all to work toward the -romotion of the area as a whole. Mr. Howle stated that he understood that other municipalities may see the request from the City of Vero Beach as a step toward each municipality reaching out for funds, however, the request was for a very special occasion of the Centennial Celebration. Ms. Adams pointed out that ellsmere had celebrated its centennial a few years ago and no tourism funds were used. With respect to the request for the airport, Mr. Howle said that the airport operations directly related to putting heads on beds. Ms. Smalley stated that in the plan for the airport, it discussed doing a lot of marketing around the airport which is geared more toward the local community rather than bringing in tourists. She felt that the airport working with the Chambers was more effective in increasing tourism. k1s. Mechling and Mr. Hayes expressed their agreement with Ms. Smalley that a cooperative effort for promoting the airport through the Chambers would be a better value. Mr. Kite also agreed, adding that marketing is something that happened over many years and needs to be stategically planned out. Mr. Hayes and Mr. Kite discussed the importance of the Centennial Celebration to the area, but did not feel that it was a project that should be funded through the Tourist Tax Fund. rrl,. Kite advised that he did not agree with Ms. Bates' assessment of the Cultural Council, as he believed that it was an important component in drawing tourists to the area. rAs. Adams also agreed that putting funding for the airport under the Chambers would be a positive way to support the airport. ON MOTION BY Ms. Smalley, SECONDED BY Ms. Kinchen, the Members voted (6 to 1), with Mr. Howie voting in opposition, to remove the City of Vero Beach Centennial Celebration request and the City of Vero Beach Airport request from further consideration for funding by the Tourist Development Council. Mr. Kite clarified that with that motion, the Council should further discuss its policy at the August, 2018, meeting. 156 ON MOTION BY Ms. Smalley, SECONDED BY Ms. Kinchen, the Members voted unanimously (7 to 0), to move additional funds into the Chambers' request with the specific purpose of supporting marketing efforts for the Vero Beach Airport. Tourist Tax Revenues Update Mike Smykowski, Director, Management and Budget, presented an update on the Tourist Tax revenues reported for 2018. A copy of the Tourist Tax Revenue Report is on file at the Board of County Commissioners Office. Mr. Smykowski advised that the FY 2018/2019 revenues are up over the previous two years with March 2018 showing an increase of 22% over March 2017. The overall year-to-date revenue was up 17.3% over FY 2016/2017. The revenues are exceeding budgeted figures by $321,477 or 22,1% for the year. Description of Tourist Development Grant Rating Sheets Mr. Smykowski reviewed the point awarding system to be used by the Tourist Development Council members to rank the entities requesting the Tourist Tax Revenues. The system awards points as follows: Packet (articulate program, completeness, accuracy) Points: 10 Presentation (explanation) Points: 10 Program Impact on Tourism (directrndirect) Points: 50 Effective/Efficient use of dollars (i.e. is it direct costs of program or administrative salaries) Points: 30 Total Possible Points 100 Mr. Smykowski advised that the FY 2018/2019 available funds were $998,450 which was an overall shortfall of about $65,426 with the requests from the City of Vero Beach and the Vero Beach Airport included. However, because the Tourist Development Council removed the City of Vero Beach and Vero Beach Airport from funding consideration, there was an overage of $29,547 for FY 2018/2019 grant awards. Presentations: Cultural Council of Indian River County — Barbara Hoffman Ms. Hoffman provided an overview of the tourism efforts undertaken by the Cultural Council toward tourism. A PowerPcint presentation was provided by Ms. Hoffman, which is on file at the Board of County Commission office. Ms. Hoffman highlighted the statistics from the American Arts Survey which the Cultural Council participated in recently. She stated that cultural events set Indian River County apart from other areas in Florida where there are just beaches. The Cultural Council promoted tourism through multiple media types, including, digital video marketing, print publications, broadcast marketing, electronic promotion and social media. They also supported many festivals, the information center, cultural concierge service and ticketing. Ms. Adams questioned the use of area codes from telephone numbers in determining the origination of patrons to many of the cultural events. She noted that many people who live in Indian River County often retain the telephone numbers from where they have moved from, which may affect the accuracy of the survey. 157 In response to questions about the budget of the Cultural Council, Ms. Hoffman stated that many of the funds required for advertising and other items are in-kind contributions that offset actual funds expended. 2. Indian River Historical Society — Ruth Stanbridge Ms. Stanbridge noted that May was historical preservation month and the Historical Society worked with many organizations throughout the County to preserve historic structures, provide historic markers, and produce mini historical documentaries. She advised that the Historical Society would be working on two important historic markers, new mini documentaries and providing QR readers at historic sites throughout the County and in the municipalities to provide information to area visitors. Mr. Howle noted the Historical Society's willingness to forego funding last year which resulted in their projects being pushed back. He stated that this should be taken into consideration this year in looking at the funding priorities. 3. Treasure Coast Sports Commission — Richard Hatcher Mr. Hatcher advised that the Sports Commission will be implementing a new slogan "Play Treasure Coast". Other initiatives of the Sports Commission include recruiting, retaining and re-engaging through sports; increasing corporate partnership dollars; owning and operating more events; facility development; a sports tourism summit, and; high school scholar athlete awards. Many of these efforts will be done through marketing, tradeshows and conferences. The Sports Commission works with a variety of sporting events throughout the year, utilizing many of the County's facilities to draw championships in softball, lacrosse, track and field, swimming, baseball and other sports. They also are key members of the Special Olympics of Florida State Swimming Championship which draws visitors from all over Florida. National and international events including Olympic training for rowing teams on the C54 Canal are also supported through the Sports Commission. Sporting events contributed $13,948,926 while utilizing 25,455 rooms over 26 events FY 2016/2017. Mr. Hatcher noted tha_ it is estimated that for every $1.00 of grant funds received by the Sports Commission, $136.49 is returned to the County. In response to a question from Ms. Adams, Mr. Hatcher stated that the room rates have a significant impact on whether an event comes to Indian River County versus heading to other areas where the rates may be lower. Ms. Adams asked Mr. Hatcher to provide a list of all of the venues utilized by the Sports Commission. Mr. Hatcher explained the situations when a group may be exempt from the bed tax, such as when a high school sports team is visiting for training or an event. 4. Vero Heritage, Inc. — Alex Soares Mr. Soares highlighted the events hosted by Vero Heritage including the Bridal Show and Tour, Pioneer Dinner and the Wine and Film Festival. He noted the increase in tourism from relatives and friends who often stay several days around a wedding event. He advised that the Wine and Film Festival has brought in visitors from across the national as well as from other countries who stay for this multi -day event. Mr. Soares reported that the Heritage Center has seen a significant increase in use with almost all of the weekends booked for events well in advance. For the upcoming fiscal year, Mr. Soares stated that Vero Heritage would like to work on virtual technology for visitors to the website. Allowing for an interactive experience with 158 the venue will promote actual visits. This type of technology has been used by many museums, including the Smithsonian, to entice visitors to come to view exhibits in person after seeing highlights virtually. In response to a question from Ms. Adams regarding the proposed budget items of Vero Heritage, Mr. Soares explained that the miscellaneous expenses include items that may not be planned for in advance and they are used more like contingency funds. Discussion of Budget Requests for 201812019 fiscal year, complete ratings and decide level of funding At the conclusion of the presentations, the Tourist Development Council took a brief recess in order for Mr. Smykowski to calculate the rating sheets and provide the scoring for each grant requestor. Mr. Smykowski advised that the following order for funding was determined upon calculating the ratings by the members. 1. Treasure Coast Sports Commission 2. Indian River Historical Society 3. Vero Heritage, Inc. 4. Cultural Council of Indian River County Mr. Smykowski reiterated that with the removal from consideration of the City of Vero Beach and Vero Beach Airport requests, all of the grantees could be funded at the level of their requests with an additional surplus amount of $29,574. Ms. Adams requested consideration to create a special project for a collaboration between the Vero Beach Airport and the Indian River Chamber of Commerce to come up with a five year marketing plan. This would give the airport the support requested for airport tourism promotion. Ms. Adams provided some examples of other smaller projects that lead to sustained tourist efforts, such as the collaboration with the Chambers for the Fellsmere Frog Leg Festival. The members discussed the amount that would be allocated for the special project. Mr. Kite suggested $20,000 for the airport collaboration with the Chamber for marketing, with the remaining $9,549 going toward the reserve funds for other things that could come up over the year. Ms. Adams outlined the process the recommendation from the Tourist Development Council would take to the Board of County Commissioners for adoption within the budget. She advised that further discussion regarding the reserves would be held during the meeting in August, 2018, as it would affect the budget distribution for the following fiscal year. Ms. Smalley agreed with the concept of the Chamber working with the airport to come up with a marketing plan. Mr. Menger, Director of the Vero Beach Airport, stated that the airport has worked with the Chamber for a very long time on tourism efforts to put heads in beds. He stated that there has been a significant increase in tourists coming to Vero Beach by air. Mr. Menger stated that the airport is proven to be good for tourism and he is willing to continue collaborating with the Chamber and others on tourism promotion, iowever, he did not want to pigeon -hole the idea. 159 Ms. Kinchen suggested an alternative funding which would take $2,000 from each of the other grant requesting agencies and putting it toward the airport. This proposal was not supported by the other members of the Council MOTION ON THE BUDGET FOR 2018-2019: On MOTION by Mr. Kite, SECONDED BY Mr. Hayes, the Members voted unanimously (7 to 0) to approve the budget as requested by the Indian River County Chamber of Commerce, Sebastian Chamber of Commerce, Cultural Council, Historical Society, Treasure Coast Sports Commission and Vero Heritage with an additional $25,000 allocated to the Indian River County Chamber of Commerce to work with the Vero Beach Airport to establish a marketing plan. The remaining amount of $4,574 to be placed in the reserve funds. Other Matters Tony Young discussed the calendar of eve -its that will commemorate the Centennial Celebration of Vero Beach. The events will be held throughout the upcoming year. He stated that these events will impact people coming into the community. He advised that the request for funding from the City of Vero Beach for the Centennial Celebration, which was not considered by the Council, was to work with all of the stakeholders to promote the different events and support local businesses. He stated that the Chamber is working with the Centennial Celebration committee to distribute marketing materials and promote the events. The Council members indicated their support of the events for the upcoming year. Next Meeting Date The next Tourist Development Council meeting will be held on Wednesday, August 22, 2018, at 2:00 p.m. Adjournment There being no further business, the meeting adjourned at approximately 4:56 p.m. 160 TOURIST DEVELOPMENT COUNCIL (TDC) The Indian River County (IRC) Tourist Development Council (TDC) met at 2:00 p.m. on Wednesday, March 13, 2019, in the County Administration Building, Building A, Commission Chambers, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the agenda and the Minutes on the IRC website — http://www.ircqov.com/Boards/TDC/2019.htm. Present were: Chairperson Susan Adams, Linda Kinchen, City of Sebastian Representative; Harry Howie, City of Vero Beach Representative; Jennifer Bates, Owner/Operator Tourist Accommodations Representative; Keith Kite, Owner/Operator Tourist Accommodations Representative; Steve Hayes, Interested in Tourist Accommodations (not Operator) Representative; Karen Mechling, Interested in Tourist Accommodations (not Operator) Representative; and Amanda Smalley, Interested in Tourist Accommodations (not Operator) Representative. Others Present were: Jason Brown, County Administrator; Mike Zito, Assistant County Administrator; Amber Batchelor, Nicole Capp Holbrook and Britney Melchiori, Sebastian River Chamber of Commerce; Dori Stone, Indian River Chamber of Commerce; Laura Moss, City of Vero Beach; Ruth Stanbridge, Indian River County Historical Society; Kristin Daniels, Management & Budget Director; Heather Stapleton, Heritage Center; Barbara Hoffman, Cultural Council; Kevin Greene, Treasure Coast Sports Commission; and Kimberly Moirano, Recording Secretary. Absent from meeting: Will Collirs, Owner/Operator Tourist Accommodations. Call to Order and Welcome Chairman Adams called the meeting to order at 2:03 p.m., at which time it was determined there was a quorum present, and led the pledge of allegiance. Additions and Deletions to the Agenda There were none. ON MOTION BY Mr. Howie, seconded by Mr. Hayes, the Council unanimously (8-0) approved the Agenda as presented. Approval of the Minutes of December 5, 2018 ON MOTION BY Mr. Howie, seconded by Mr. Hayes, the Council unanimously (8-0) approved the December 5, 2018 Minutes. 161 Tourist Tax Revenues Update — Kristin Daniels, Director, Management & Budget Mrs. Kristin Daniels, Director, Management & Budget presented a PowerPoint presentation of the Tourist Tax Revenue Update for January of 2019, a copy is on file in the Commission Office. She explained Indian River County ("the County") is levying four cents of Tourist Tax: the first 1.5 cents was allocated for tourism development agency; the second 1.5 cents was allocated for beaches and the fourth cents has historically been for the debt service allocated to the Dodgertown bond. She mentioned that the portion of these bonds that was funded by the Tourist Tax proceeds was paid off this past month. So, going forward the Board did approve to allocate those Tourist Tax proceeds towards the Historic Dodgertown Facility Lease Agreement with Major League Baseball and that four cents will go to fund towards the Caaitol Reserve Account. Mrs. Daniel explained January's Tourist Tax collections revenues are down 7.8 percent, or $24,961 when compared to January of 2018. Year to date collections are also down 3.5 percent or $33,716 from last fiscal year. Revenues are also under budget this month by 5.8 percent. Mrs. Daniels explained revenue comparison by month and we are down each month this fiscal year so far with the exception of December. October and November's revenues were impacted by the Red Tide. January collections are down as well. Actual collections have exceeded budgeted figures each month with the exception of January which was up and the overall year-to-date collections are $98,272 or 11.7 percent above budgeted figures. She provided revenue comparison by month for the three-year history, showing 2016-2017 collections were up 5.7 percent when compared to the prior year. The 2017-2018 collections were up 11 percent. Their year-to-date collections through January for the current fiscal year are down 3.48 percent or $33,716. Mrs. Daniels showed a chart showing the last ten years of collections. They have been increasing their collections every year for the last nine years. Their collections have more than doubled since 2009-2010. It is too soon to tell where they will end up for 2018-2019 but obviously they hope that this trend continues. Mr. Howle, City of Vero Beach asked if Mrs. Daniels thought we had more people in town that just are not spending money on tourism. Mrs. Daniels responded that she cannot tell from the numbers that she gets because they're not broken down in a way that really tells her anything. She gets the numbers in total. She indicated that December was up but January was down. Commissioner Adams indicated that building permits are up across the board so it may be seasonable residents. She indicated that her restaurant business is seeing an increase. January always takes a little bit of a dip from December but February and now moving into March has been crazy. Hopefully, that's a sign of what's coming. 162 Mrs. Daniels presented a history of our December and our January numbers. So we are higher than our January 2016-2017 numbers but lower than last year due to the Red Tide in the beginning. Mr. Hayes, Interested in Tourist Development, indicated that all of these people that we're bringing down some of them are dropping anchor and they don't become tourists anymore. He believes that the Census is going up drastically. Mr. Howell, City of Vero Beach, feels that we have so many people here during the winter now that we should focus our concentration more on summer and not winter. Ms. Bates, Owner/Operator Tourist Accommodations feels that is what we have been doing. We don't need help in season. All the help is off season and we're seeing those numbers in off season. Season takes care of its own. There is no money spent there. Ms. Bates questioned Ms. Daniels regarding issues with delayed payments. Mrs. Daniels responded that the Clerk does audit anyone who is not making the payments that they should be making so when Mrs. Daniels gets those numbers, those numbers are put back into the month that they should have been into. So, sometimes those penalty paybacks go back even into 2014. They ran the statements running all the way back for purposes of this monthly report. So, there is some of that as well, yes, but once he tunes into those people who have not been paying, they make the list to where it's insured that they are paying going forward so they'll pay their back pay and then they will continue to pay going forward. Commissioner Adams indicated that Jeff Smith, the Clerk of the Court indicated at our Commission Meeting that he has been going through and auditing and catching short-term rentals. Mr. Kite, Owner/Operator Tourist Accommodations, questioned Mrs. Daniels regarding the bond on Dodgertown whether it was paid off in full? Mrs. Daniels indicated that the portion that's funded by the Tourist Tax is paid off. We still have the $500,000 portion that's funded annually by the State. That's the only portion of those bonds. Mrs. Daniels indicated we paid the portion off that's funded by the Tourist. Ms. Daniels indicated that the one cent that was going towards paying that bond payment is not being used to refund or build back up your purchase of the Dodgertown Golf Course. It was approved by the Board as part of the Capital Reserve Account that is part of our Lease Agreement with Major League Baseball. It is our match for their capital improvements that they make and they'll submit it to us and we'll match those. The entire 1 cent is going towards the repairs. Mr. Kite believes that January was so bad and so cold up north that people literally could not get out. Mr. Kite's prediction is that we're going to see February, March and April being stronger than last year. Mr. Kite, Owner/Operator Tourist Accommodations indicated that MLB is already paying nice dividends on tourism. There's two or three major MLB events this summer that are already contracted with large numbers of people. Secondly, he thinks Cleveland 163 Clinic is going to be rapidly expanding by the end of 2019 on people coming in and out of here and their future growth plans and infrastructure. It is his prediction looking forward in 2019 and early 2020 the summer will improve. Sebastian River Area Chamber of Commerce Marketing Update — Nicole Holbrook, Tourism Director, Sebastian River Area Chamber of Commerce. Ms. Holbrook introduced Amber Batchelor as new President and CEO. Ms. Holbrook presented a PowerPoint presentation to the Council updating on projects being worked on since her last presentation and projects they have coming up over the next few months. A copy of the presentation was on file in the Board of County Commissioners Office. Sebastian Visitor's Center has become a certified visitor information center for Visit Florida. They get people not only coming in looking for information and things to do in Sebastian but also want to visit other parts of the State. They provide that information as well. Sebastian Chamber installed some people counters when they did their renovations a few years ago. This report shows the visitation over 2017, 2018 and part of 2019. Based on the numbers, they've had a 26 percent increase in visitors in 2018 compared to 2017. 2019 visitation has been way up from the previous years. A lot of visitors into their Center. They like to keep track of where people are inquiring from when they ask for a Visitor's Guide. Charts show in 2019 a lot of people are inquiring from other parts of Florida, Indiana, New York, Pennsylvania, Illinois and Canada. When visitors come into Center, they are encouraged to sign into our Visitor's log. Not everyone does but if they do, they ask them to give their name, their city, state, zip and their email address so they can be added to the monthly Tourism Guide that is sent out that has information about what's coing on each month. Ms. Holbrook shows where people are visiting from. They like to compare where they're inquiring from and where they actually visit from. So, it shows a lot of people from other parts of Florida escaping the hustle and bustle and quite a few from Pennsylvania, New Jersey, and New York, Michigan. Ms. Holbrook indicated they are excited to launch the 2019 Visitor's Guide Project. They print 25,000 Visitor Guides annually. They are distributed at the 1-75 and 1-95 Welcome Centers, Melbourne International Airport, Chamber Visitor Centers, several tourism -related businesses in Indian River County and Sebastian River Area. They are also mailed in response to inquiries and distribute them to local festivals that they attend. The Visitor's Guide is paid through advertisers. It doesn't use any TDC dollars to print this publication. Ms. Holbrook indicated as far as upcoming festivals and events, Sebastian Chamber has four concerts left in our eight series Concerts in the Park. These concerts have had great turnout. At the last concert there were over 800 people. Tickets were distributed to everyone who attends to kind of track the attendees and prizes are raffled off during intermission which is a great opportunity for our local businesses, the tourism partners to give away prizes and then they're heard in front of a large crowd and they're promoting their business and it's a great way for them to track the attendees. At the last concert they had a lot of new faces because they didn't know what to do with their ticket. They've been doing it for 20 years now so tney're very well received in our community. 164 As far as festivals, last weekend they were at the 27th Annual Pelican Island Water Life Festival celebrating Pelican Island's 116th Birthday. This weekend the Chamber will be at the 4th Annual Shrimp Fest and Craft Brew Hullabaloo. It is a three-day festival at Riverview Park. The Chamber will be at the festival selling t -shirts and giving away other area information. This summer the Chamber will be at the 4th of July festival held at Riverview Park. The Chamber is working on a new Chamber website. They feel they'll get a lot of new content opportunities and story branding and a lot of search engine optimization and key word placement so they're very excited. The website should launch at the end of April. They are very excited for all the opportunities that this new site will give. As far as marketing objectives, Sebastian really wants to target regional groups and small to large meetings that would fit their area. To help them bring their conferences here and create those unique experiences and kind of be their liaison to those experiences so that in their off time they can enjoy the amenities and attractions that our area has to offer. So they came across an opportunity to submit a proposal to host the 2019 Annual FACP Conference which will be held in September over the course of three days midweek. This will bring 120 Chamber professionals throughout the state to the conference. It would be a great opportunity to bring those professionals to our area and highlight our different hotels, attractions. They worked with several local tourism partners, the IT Center, Holiday Inn Suites, Costa d'Este, Transportation Services to put together a proposal to try to entice them to come here for their annual conference. The Chamber should be finding out whether their proposal was accepted soon. In their efforts to try to target more of those small meetings and groups, the Chamber has applied for a minority grant through Visit Florida. They requested $17,500 and if awarded, the Chamber hopes to host a minority grant tour that would bring people to our area in June about 20 group leaders from these different organizations and they want to target people from other organizations from other parts of Florida as well as nationwide. By targeting these organizations that host small to large scale meetings and conferences and conventions they can bring them to our area and showcase our ECO tourism, our hospitality, our small town charm and then hopefully they'll bring their families back here for vacation in the future. They have carefully chosen organizations that we know our area can comfortably accommodate that fit within their meeting space. The Chamber will find out this summer if they're awarded the grant. Last year, the Chamber had received a grant from Visit Florida to produce their Designation Video. This year they had applied for a $5,000 advertising matching grant to help promote that video and digital platform. If the Chamber is awarded this grant, it would go toward utilizing global ads and You Tube to promote their web minute video and it would encourage summer travel. The Chamber will find out this summer if they are awarded the grant. Sebastian Chamber of Commerce is a certified visitor information center. Every year they attend their annual Summit. Patty Williams, the Chamber's information specialist and Ms. Batchelder were able to attend conference. It is a great way to network with other Visitor Center and destination marketing organizations throughout the State to find out what they're doing at their Centers. The Trans Florida Central Railroad Trail opened last June. The Chamber has had so many people coming in wanting to know how to access it, different access points and how long it is. Britney Melchiori, Communications and Marketing Specialist put together a brochure that highlights all the social work with Indian River County and City of Fellsmere and MPO and 165 Indian River County Historical Society top this together. It is given out at the Visitor Center and also on line for people to access. Mr. Kite, Owner/Operator Tourist Accommodations, questioned Ms. Holbrook regarding whether the Trail is going to go all the way out to Stick March? Whether there is state funding? What's the long range? He likes the three-mile rail. Ms. Holbrook indicated there is a sidewalk that you can take all the way from U.S. 1 to the Fellsmere Trail Head Preserve but there are plans to expand that out to the Stick March. Commissioner Adams explained that the City of Fellsmere and the County has been working with State Park to figure out how they can allow us to take it west. Ultimately, the Trail is supposed to go all the way out to Headwaters Lake west of Fellsmere. So that would take it through City of Fellsmere, through the County portion and then what's currently now FJV's property. The process is being worked in segments. The next segment hopefully will be between the current Trail head of the Fellsmere Trail headed 95 and downtown Fellsmere at South Carolina where they put in the new storm water park and they're moving the old train village to around that area. Mr. Hayes, Interested in Tourist Accommodations (not Operator) Representative, is in favor of the rail to trail system. He believes they have worked so well in other communities. Ms. Holbrook discussed a marketing master series that the Chamber is hosting next week. The Chamber is bringing Google into their area. This is an event that is open to the public, to the community, business leaders. They have shared a promo code with the Indian River County Chambers so they can invite their Chamber members to attend at Sebastian Chamber's rate. It is great for tourism partners because the main method is story branding and how to grow with Google. Tourism is all about telling a story and so for Sebastian Tourism partners to be able to better tell their story and maybe learn some tips on how to do that and also to have a greater presence on Google, it's a great opportunity for them. There is room available. Last summer a few of the Chamber's Tourism Partners got together and they were very interested in creating a mural district. They did some research and went on a field trip down to Coral Springs and Hollywood and got some insight into how their programs were started and what they've learned along the way and so they put together some materials. They presented it to the C=ty Council on January and basically the program will just showcase the charm of our area and the history. The murals will tell the story of the area. There will be certain categories, everything that kind of represents our area. The Chamber is excited to host a workshop with the City and hopefully work on that and implement a mural and arts program in our area. One of the areas we promote and one of Sebastian Chamber's attraction was featured in the March issue of Oprah Magazine. This was a story written by a professional skydiver, Amy Chmelecki. It was about her experience with her team Flight Girls last February 2018 when they were here at Sky Dive Sebastian. It was a wonderful opportunity to have our area featured. Sebastian Chamber wants to target summer season so they will be launching a retargeting campaign through the Visit Florida Coop. It will start in April and May and basically when people are researching the Visit Florida site, they will be retargeted with 166 their video using their designation video campaign and it will promote summer vacations to our area. Sebastian Chamber has been working with the Sebastian Inlet District for decades and they are very excited to work with them to promote their Centennial Celebration coming up in May. They are doing a big dinner and then in September they are going to have a big community event. Commissioner Adams indicated that Sebastian Inlet is one of the top parks in the state as far as visitors. National Travel and Tourism Week is coming up May 5th through 11th and this year they want to start a week-long campaign promoting our tourism partners and stressing the impact that tourism has to our area to everyone in our community. They want to target Florida and other people in other places with social media campaign. While doing research for some professional development related to tourism, Ms. Holbrook came across an opportunity through Miles Media. They were offering a scholarship to attend Southeast Tourism Society's Marketing College and the region covers 12 states and they pick one scholarship recipient for each state and Ms. Holbrook found out last month that she was awarded the Florida scholarship. So, in May she will be attending the Marketing College at the University of North Georgia for one week. She plans to learn from these tourism professionals and bring that knowledge back and share it with our tourism partners and implement those plans in our future marketi-ig plans. Indian River Area Chamber of Commerce Marketing Update — Allison McNeal is sick today. Ms. Dori Stone is appearing on her behalf. There will be not a presentation of the marketing update by Ms. McNeal because she is not at the meeting. Ms. Stone shared that they have been working on a couple of things that they have been busy working on at the Chamber and that Ms. McNeal's team has been working on. The Chamber has kicked off the I Treasure Coast Regional Marketing Campaign. That campaign is with Visit Florida as a partner, St. Louis and Martin County. Markham & Stein have been the marketing team that has worked with that. That campaign is really looking at our region as a regional big picture trying to make sure that we can continue to combine assets and really make the most of what we have and create those marketing opportunities outside of our region. A couple of interesting things have happened since this campaign kicked off which I would say was in early winter. They have been on a number of consumer shows. Ms. McNeal went to Boston and New York. In December and January, they had a TV station from Canada come down and film some view roll that they've been using to market during their Canadian weather. So that's been really successful as well as a number of other campaign items in some of the Toronto areas and so forth. We do have a current plan with this right now for print and digital as well as social media campaigning. It is aimed at those Northeast/Midwest states as well as Canada at this point with the bigger picture down the road of looking at both continuing to market toward Canada, to the United Kingdom and Germany for our tourism partners. We continue to market Boston and New York that they continue to market in as well as Atlanta. The brand deliverables are going to be their strategic planning and brand platform as well as the 167 logo and style guide website and launch page development and creative assets. Those are well underway right now so they really feel, like; they're beginning to get some great traction on this program. They are also working on their Visitor's Guide as well and they should hopefully have that out by next month. They're also continuing to update their website and continuing to brand that especially in this relationship with I Treasure. Mr. Kite discussed being very pleased with the I Treasure. He feels the leverage there and the cross selling is a good opportunity. He had a question regarding the distribution of the funding. Ms. McNeal can give Mr. Kite the specifics and Ms. Stone will ask Ms. McNeal to send that information to all the board members. Ms. Stone indicated that everything that the Chamber has done to date has been within the budget that they had approved last year. The Chamber did do a Red Tide special process which is going along very well to continue our region after the Red Tide issue and we did receive a grant from Visit Florida on that as well and are continuing to leverage that out. That has been very successful as well. Mr. Kite requests a note on the Red Tide special process from Ms. Holbrook. Dodgertown Historic Status Update - Ruth Stanbridge Ms. Stanbridge updates the Board on what their many historical documentaries have been producing for them and for the County over the past couple of years. They have done seven videos up to now. They're complete and they have some that are coming soon. They've done the airport, the Warriors, Dodgertown, the Old Barrel Man Dig, Jungle Trail, the Holstrom House and the Gifford High School. They are all completed are on their website and they are available to the hotels, the restaurants and anyone else who would like. They can be downloaded and you can send them out through emails. They have some coming up and as Ms. Holbrook mentioned, the Sebastian Inlet they've worked diligently with the Sebastian Inlet District. They also have been editing a video in Indian River Farms. Indian River Farms is where their drainage canals come from and that's where the Vero Man came from. They also just last week did an interview with the children of the Bridge Tenders. On March 231 at Royal Palm Point Park, they are dedicating a marker to the first wooden bridge which would have connected Vero to the beach and a few years later we became Vero Beach. The things that we started for our local like the Rails to Trails have now generated a lot of interest in our local community, our local history and our local environment. Ms. Stanbridge presented a clip from a video that they did at the Gifford High School in the Gifford Community. That clip was also used for Major League Baseball to induce them to come to Indian River County. It was also used as part of the Federal Designating U.S. Civil Rights Trail Movement. Commissioner Adams questioned Ms. Stanbridge regarding the Dodgertown Property being put on the Civil Rights Trail. Dodgertown is the first sports complex facility that was designated and one of the reasons was because of this clip. The Civil Rights Trail goes all through the south. It goes from New York State all the way down any place that played an important role in the Civil Rights Movement. 168 Commissioner Adams indicated there is marketing efforts that that organization does around the Trail itself that now we are being included in. Ms. Stanbridge indicated that it's a Federal designating trail and so it will be blasted out all over the United States. There will be certain times of the year and, of course, next month in April we have the Jackie Robinson Basebal: Game. So that will be during Black History Month. MLB is very interested in promoting that whole situation because they will be bringing in from the inner cities for these tournaments and games and camps to Historic Dodgertown, The Historical Society is working closely with the County on the conceptual plans for that. Over in Historic Dodgertown we have a marker tha says baseball and Dodgertown. They would like to put a marker over in this 35 acres that says baseball and civil rights because that was why that was purchased in the first place. Social Media Campaign Update — Cultural Council — Barbara Hoffman Ms. Hoffman thanks the Board for providing them additional monies in their grant to do a special project which was bringing videos in social media. At this time, they have produced three videos that have been shown. Ms. Hoffman presented a video presentation. They have combined their Google ads with this video and is getting a tremendous amount of exposure. The video ran from January 31St to February 14th and it was run in ten affluent cities of Massachusetts. The ad resulted in those two weeks in 24,377 video views and 8,151 reacted, clicked, commented or shared. Of that 60.7 percent were men. 33.3 percent were women and with 92 percent aged 35 and above. The ad also ran in the top ten affluent cities in Pennsylvania but it was the same market view attracting. The ad resulted in 29,336 video views and 9,614 reacted, clicked, commented or shared. 59.1 percent were men. 40.9 percent were women and 91 percent were aged 35 and above. At the next meeting, Ms. Hoffman will show the other four videos. Follow Up to Discussion from May 16", 2018 Meeting — Commissioner Adams Commissioner Adams indicated at the May 16th, 2018 meeting that the Board had discussed municipal grant requests and different grant requests. It was a good discussion and Commissioner Adams believes it was generally agreed that municipalities and other governmental agencies should be encouraged to corroborate and partner with our tourism partners such as the Chambers, the Historical Society, the Cultural Council, Sports Commission, eta. Commissioner Adams believes in the presentations that were shown today that we saw a lot of those types of corroborations. To bring proposals forward in the future, since we're going into the budget process we just kind of need to clarify what our policy is for staff. Commissioner Adams thinks that the cleanest way to do that would be to make a motion that we would not accept grant applications from other governmental agencies or municipalities and would encourage them to corroborate with our local tourism groups to bring the projects forward. Commissioner Adams wanted to discuss this issue because there has been some questions going into the budget cycle and at our next meeting we will be going through the grant proposals. She wanted to make sure everybody was on the same page. 169 ON MOTION BY Ms. Kinchen, seconded by Mr. Hayes, the Council unanimously (8-0) approved the Proposal Grants as presented. Tourism Study — Commissioner Adams Last year, we talked about the airport marketing project and the need for the airport to have a marketing study done. Those discussions have been ongoing and one of the things that came out of that is a need for a visitor/tourism study. Most of the airlines that Allison McNeal and Eric have spoken with have marketing departments and programs when they locate to a new airport. What they really need to do is attract those airlines as well as other tourism in our communities to get a clear understanding of who are visitor is, where they come from, how long they stay, what they do when they're here and all those different things that go into really understanding who our customer or visitor is. Commissioner Adams thinks that one of the things that we need to do in this next coming budget year would be to have a visitor study done. We can carry over the money that hasn't been utilized for the airport marketing plan. We could combine that with some additional funds that staff feels they can come up with and move that forward in this coming fiscal year. This would give us the ability to really use those numbers to craft what we're doing as the TDC moving forward. It would be a TDC initiated plan so the idea would be that it would be overseen by a working group made up the two Chambers, some budget staff and that would move over. The estimated costs are around $40,000 to $50,000. St. Lucie County just went through a similar process last year. It was very successful. It's helped them in some rebranding areas. It's also helped them grow business at their airport as well as look at other infrastructure and tourism things that they need for their beaches and those types of things. Commissioner Adams would like to just get a general okay or even a motion to bring back more detailed information on a visitor study, the RFP process and how that would look moving forward for consideration in our budget process. We haven't done an in- depth visitor study here in quite some time. There was discussion regarding the last time it was done. Commissioner Adams believes the last one was done in 2005. It was high level and was done for a branding type of campaign. Mr. Kite, Owner/Operator Tourist Accommodations Representative, indicated that he thinks it was when they were making the tourism website at the Chambers. Mr. Kite would like to have a study and pricing. He indicated he spoke with Eric at the airport about how to get another airline. Mr. Kite feels that if we were to do this study, what he would to see is the results and leverage that Ms. McNeal got out of the branding initiative of the three counties or the grant that Ms. Holbrook is doing. He feels that the study would provide our tourism partners the resources needed for grant applications. They would also be able to help them in finding grant location places, like, Visit Florida. There may be others out there that we're not aware of. So that this package that we produce each year they could use in their searches for grant opportunities for our tourism development that may be available in those given years. Separately, obviously use it on a strategic basis, like, the airport itself or any other tourism opportunity that we see. 170 Commissioner Adams indicates that the idea is not to do a study and put it on the shelf and never reference it again. We have antidotal information and I think we can all speak to the antidotal information we have about where our particular customers are coming from and what they're doing while they're here but we don': have anything really comprehensive and countywide that could drive our tourism dollars and our strategic options moving forward about where we need to be spending that money. What people are doing, what they're looking for? Commissioner Adams wants the study to be very useable so that our all of our tourism partners but even the municipalities can use that. The St. Lucie study that was done was very comprehensive and gave them a strategic path forward. Mr. Kite, Owner/Operator Tourist Accommodations Representative, requested that Commissioner Adams provide him with a copy of the St. Lucie study. Commissioner Adams would like a more robust discussion. She wanted to introduce the idea and see if it was something the Board was interested in and then bring back more information for discussion at the June budgeting meeting. Mr. Kite, Owner/Operator Tourist Accommodations Representative, questions Ms. Stone where whether there are resources from Visit Florida to assist. Ms. Holbrook will reach out to her Visit Florida representative to see if she has a suggestion on who maybe they use. Ms. Stone indicates that when Ms. Holbrook went to an event with Eric, they met with several airlines and the airlines really did as< for this visitor survey information. That's a key to them to make some marketing decisions and the Chamber doesn't have that information available. She would be happy to have the Chamber talk to Visit Florida and see if there is grant opportunities available but even without those opportunities, it's a study that still needs to take place. Ms. Stone indicated that Ms. McNeal and Eric had talked about the needs based rather than looking at doing a marketing plan for the airport that might not be practical at this point in time. They felt it would be more practical at this point in time to think about transitioning into a visitor's survey that was more countywide and much more comprehensive. Ms. Stone believes when we share the St. Lucie RFP with the Board, that it will be a very comprehensive document that will get us where we need to go. Ms. Stone believes that we can use their example. They have three or four consultants that we can bid this out to and ask if they would be interested in doing this with us. Mr. Kite, Owner/Operator Tourist Accommodations Representative, responds that he didn't want the grant to be used for the study. He wanted the study to be available for future grants. Ms. Stone responds that this is a year-long study. This is not going to be short-term. She feels this is going to take 12 months to really complete a full visitor's survey. Ms. Stone feels that at the end of this, there will be opportunities as we tee up for next year's budget process to talk about what we do with this information and the best way to leverage this out for our entire community whether it's countywide, whether it's the other not-for-profit jurisdictions, municipalities. She feels that everyone will have that opportunity and it is the Chamber's intent to look at how we're going to leverage the SSate out for those next opportunities. 171 Mr. Kite, Owner/Operator Tourist Accommodations Representative, responded that he has no problem with using them but sometimes if we already know all that, a fresh set of eyes with another strong RFP that was of that caliber coming in and we hybrid those two, then we get to see theirs and ours. Or it may be its better that the people that did the study in St. Lucie already have enough knowledge and can provide a better study then the other fresh set of eyes so Mr. Kite doesn't know the solution to that but it may be when we see the RFPs come in, that decision could be made. Ms. Stone indicated that the basic concept of the visitor surrey is pretty much standard. She doesn't believe that there's all that many incremental changes that you would want to make to that particular data stuff that you're looking for. Ms. Stone is not sure that you would want to per se tweak or play with the analysis that's going to go into that especially a format issue. Mr. Howle, City of Vero Beach Representative, feels that the airport is an economic power house for the county as a whole. When the Board first recommended to allocate these dollars towards ads for the airport, Mr. Howle was very excited about it because it's not something that we typically do and he felt that at this point in time we had at least a pretty good feeling that we might be on the cusp of bringing another airline in here. Mr. Howle is not sure where we stand on that issue. Mr. Howle feels it's a good idea for the study as long as it's not overlapping. We're not spending the money that would overlap on some of the more or less detailed information that we all have on a regular basis so spend it well and it might be good to look at what St. Lucie has already put forth as a guideline to make it as streamline as possible. Mr. Howle's only fear is that if the circumstances arises where we do need some money to allocate toward advertising in order to facilitate bringing in G new airline are we going to be able to do that the following year? Commissioner Adams feels that this gives us the base to -build on what you're talking about to justify those tourism dollars and she feels that as we went down the path of trying to build a marketing plan for the airport what we found was that the airlines really wanted to handle their own marketing. They had their brands and their messages that they were trying to convey but what they needed to attract a new airline was the airport needed to be able to provide to those airlines where our tourists were coming from, who was coming to the community so they could make sure their routes were matches for our area so we could get the right airline in here. Mr. Howle, City of Vero Beach Representative, indicated that they wanted our data to see if it matches up with their ridership. Commissioner Adams indicated that. once they locate here they pull out their marketing plans and push people to their destination. There are multiple layers and this is kind of that missing card and she believes we were all focused on the marketing part of it for the airport itself and once we got into it, we realized well, maybe our focus is already being taken care of through other outlets and what we really need to provide to get that airline here is the hard data. So we're kind of pairing and turning a little bit so we can then start building a program in subsequent years to do exactly what we're talking about. 172 Mr. Howle, City of Vero Beach Representative, indicated he has no reservations. Mr. Hayes, Interested in Tourist Accommodations (not Operator) Representative, questioned Commissioner Adams about the possibility of finding out what data the airlines really want and he thought that the Chambers would have the data that they need as far as where people are coming from. Commissioner Adams explains that the Board has antidotal data and the data that the Board has on a study basis is outdated. She feels that some of that information is available but not on a deep level that they're really looking for to justify expansion of services. Mr. Kite, Owner/Operator Tourist Accommodations Representative, believes that they're looking for statistical items that we con't have access to. Ms. Mechling, Interested in Tourist Accommodations (not Operator) Representative, asked where the $40,000 or $50,000 to pay for the study would come from TDC dollars? Mr. Brown indicated that the $25,OOD that was allocated to the study through the Chamber we would come up with the other $15,000 to $25,000 as the total number that we're looking at. Its $40,000 to $50,000 with some funds out of next year's allocation. Some good news is we have some marketing dollars that were previously allocated to Historical Dodgertown that are needed in the new agreement so that's a source that we could use for those additional dollars and we can present a plan to the TDC Board. If the Board decides to move forward with this concept today, what we can do is we can bring back a formalized financing plan at the June meeting so that you could make your funding decisions based on how we would fund that and how the overall picture would be. Commissioner Adam's goal is to just get some buy in and then we can bring back more details and more thoughts through the plan based on the Board's comments at the June meeting. Mr. Kite, Owner/Operator Tourist .Accommodations Representative, asked Mr. Brown if that's something where the RFP is to go out if that was seconded or would that have to wait for the county budget to be approved in September, October and then the RFP? So we would be looking at the following kind of fiscal year or can we take that up with dollars that are available here in this budget? Mr. Brown responded that his base answer would be that we would want to wait until October 1st until we got the whole dollar amount. To the extent we've got the $25,000 in the current year that's not being used, we could begin the process at that time. Based on the time we get there we would have the funding decisions made by TDC and the budget set by the Board for the following year. He feels that we would be comfortable moving that forward before and not having to wait until that October 1st date so we could get it rolling. ON MOTION BY Mr. Howie, seconded by Mr. Kite, the Council unanimously (8-0) approved the Proposal Grants as presented. 173 Other Matters: None. Adjournment There being no further business Chairperson Adams adjourned the meeting at 3:10 p.m. Next Scheduled Meeting: Wednesday, June 19, 2019 at 2:00 p.m. 174 Departmental Matters INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT & BUDGET TO: Members of the Board of County Commissioners DATE: January 21, 2021 THROUGH: Jason E. Brown, County Administrator FROM: Kristin Daniels, Director, Management & Budget SUBJECT: Allocation of One -Half Cent of Tourist Tax Revenue DESCRIPTION AND CONDITIONS On December 18, 2018, the Board of County Commissioners approved the Historic Dodgertown Facility Lease Agreement between Major League Baseball and Indian River County. The spending plan that accompanied this lease agreement assigned one cent of Tourist Tax revenue to be used towards funding the contractual facility improvements for the first three years of the lease. Beginning in year four, only half of one cent is scheduled to fund the facility improvements, thus freeing up the remaining half cent to be used towards other authorized expenses pursuant to County Code 210.03. Optional Sales Tax is scheduled to fund the remaining balance (approximately $485,000) of the $800,000 annual obligation, which decreases to $400,000 in lease year six. FUNDING AND ANALYSIS Indian River County currently levies four cents of Tourist Tax revenue. One and a half cents are allocated to each Beach Restoration and Tourism Promotion expenses, with the remaining cent funding the Historic Dodgertown/Jackie Robinson Training Complex facility improvements. In the current fiscal year, $630,000 is the budgeted revenue that one full cent is estimated to generate. Half of this cent would generate approximately $315,000 each fiscal year. The following table illustrates the revenues allocated to each fund: Tourist Tag Revenue Breakdown FY 2020/2021 Fund Cents Allocated Revenue Budget Beach Restoration 1.5 $945,000 Tourism Promotion 1.5 $945,000 Jackie Robinson Training Complex 1.0 $630,000 Total 4.0 $2,520,000 175 Board of Commissioners Page 2 of 2 January 21, 2021 Indian River County Code 210.03(a) specifies the authorized uses of Tourist Tax revenue. These uses include: (1) To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more publicly owned and operated convention center, sport stadium, sports arena, coliseum or auditorium within the boundaries of the county or subcounty special taxing distinct. However, these purposes may be implemented through services, contracts and leases with persons who maintain and operate adequate existing facilities; (2) To promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event must have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists; (3) To fund convention bureaus, tourist bureau, tourist information centers and news bureaus as county agencies or by contract with the chambers of commerce or similar associations in the county; (4) To finance beach improvement, maintenance, renourishment restoration and erosion control, including shoreline protection, enhancement, cleanup, restoration of inland lakes and rivers to which there is public access; (5) Until such time as Indian River County reaches a population of five hundred thousand (500,000) based on the most recent population estimated prepared pursuant to the provisions of F.S. § 186.901, as in effect on July Ist of each year, tax revenues received pursuant to this article may also be used to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more museums, zoological parks, fishing piers or nature centers which are publicly owned and operated or owned by not- for-profit organizations are open to the public. (6) Pay the debt service on bonds issued to finance the construction, reconstruction, or renovation of a professional sports franchise facility, or the acquisition, construction, reconstruction, or renovation of a retained spring training franchise facility, either publicly owned and operated, or publicly owned and operated by the owner of a professional sports franchise or other lessee with sufficient expertise or financial capability to operate such facility, and to pay the planning and design costs incurred prior to the issuance of such bonds. Please note that pursuant to Indian River County Code 210.03(b), "[u]p to fifty (50) percent of the revenues to be derived from the tourist development tax levied pursuant to sections 210.01(b) and (c) of this chapter shall be pledged to secure and liquidate revenue bonds issued by the county for the purposes set forth in section (a)(4) of this section. Up to one-half (%2) of the remaining revenue derived from the tourist development tax levied pursuant to sections 176 210.01(b) and (c) of this chapter may be pledged to secure and liquidate revenue bonds issued by the county for the purposes set forth in section (a)(1). Per Indian River County Code 210.01, the first two cents do not have a specific use limitation, however the third cent can only be used as set forth in Indian River County Code 210.03(a)(4) and the fourth cent can only be used as set forth in Indian River Code 210.03(a)(2) and (a)(6). Tourist Tax Cents — Indian River County Code Code Subsection 1St Penny (1)(Sports stadium) x (2)(Promote tourism) x (3)(Tourist bureau) x (4)(Beaches) x (5)(Museum/Zoo) x (6)(Debt service x Spring training facility) 2nd Penny Yd Penny 4th Penny X X X X X X X X X Per Florida Statute 125.0104, the first three cents of Tourist Tax collected can be used towards any of the allowable expenses within the statute which includes convention centers, sports stadiums, auditoriums, aquariums, zoos, tourism promotion, beach restoration, lagoon improvements, shoreline protection, enhancement and cleanup or infrastructure improvements. The fourth cent may only be used towards funding the debt service for professional sports franchise facilities, retained spring training franchise facilities, convention centers, the operation and maintenance of a convention center or burism promotion. Staff is recommending the half cent of Tourist Tax revenue be split with two-thirds (2/3) of the amount dedicated for Beach Restoration and one-third (1/3) dedicated for Tourism Promotion beginning in FY 21/22. As mentioned above, this one-half cent is estimated to generate approximately $315,000 in revenue each fiscal year which would provide $210,000 in additional revenue for the Beach Restoration Fund and $105,000 in additional revenue for the Tourism Promotion Fund. Due to the rising cost of beach restoration projects, as well as the need to nourish County beaches more frequently, additional funding is needed in the Beach Restoration fund. This expense is detailed as being eligible per County Code 210.03 as referenced above in the fourth bullet point. As an example of this, the estimated cost of Sector 3 beach restoration in the current fiscal year is $15.5M. Due to the initial high bids for Sector 3 in late 2020, the County had to re- bid this project in two parts with the first portion (-60%) scheduled for this season (2020-21) and the remainder set for construction next year. The total estimated cost for the entire Sector 3 portion of the beach is now $25.7M, compared to a cost of $12.9M the last time Sector 3 was renourished in 2012. The County's beaches were impacted by hurricanes in 2016 (Matthew), 2017 (Irma), and 2019 (Dorian) causing significant beach erosion estimated at a total cost of $10.9M. While FEMA has provided funding for this erosion in the past, it is not necessarily guaranteed going forward. Furthermore, these funds must be matched (typically 25%) with local funding (typically 12.5% is provided by the State). Regardless of hurricane impacts, these renourishment projects have been needed with increased frequency over the last several years, which is a trend that will likely continue into the future. 177 Additional funding is also being requested in the Tourism Promotion fund. Each year, the County receives funding requests that exceed the available budgeted revenues. Funding tourism promotion is crucial in ensuring the County's tourism industry continues to thrive. This is an eligible expense per County Code 210.03. The additional funding could allow for the establishment of a contingency account to provide for mid -year opportunities in addition to an increase in the annual base funding if the Board desires. RECOMMENDATION Staff recommends that the Board of County Commissioners approve allocating one-third (1/3) of one cent towards the Beach Restoration Fund, with the remaining one-sixth (1/6) of one cent to be used to fund Tourism Promotion beginning October 1, 2021. ATTACHMENTS Florida Statute 125.0104 Indian River County Code Ch. 210 Historic Dodgertown Facility Lease Agreement Agenda Item 178 ile #: 210181 Version: 1 Type: Department Staff Report Title: Allocation of One -Half Cent of Tourist Tax Revenue Mover: Susan Adams Seconder: Peter O'Bryan Result: Pass Agenda note: Minutes note: Director of Management and Budget Kristin Daniels referenced staffs memo dated January 21, 2021, as she reviewed her department's proposal to re -allocate one-half (1/2) of one cent of Tourist Tax revenue, as provided for in the spending plan for Historic Dodgertown/Jackie Robinson Training Complex (the Complex). Staff recommended redistributing the revenue to Beach Restoration and Tourist Promotion beginning in Fiscal Year (FY) 2021/22. Director Daniels noted that the Statutes did not allow for half -penny allocations, so the portions would be converted to represent a fraction of one cent. Vice Chairman O'Bryan advocated for 75 percent of this new Tourist Promotion revenue to be held back as contingency for unforeseen mid- year opportunities. Chairman Flescher, and Commissioners Earman and Adams provided their rationale for supporting the proposed allocations, as well as supporting Vice Chairman O'Bryan's suggestion for a Tourist Promotion Fund reserve. Commissioner Moss disapproved of continuing to collect the one (1) cent of Tourist Tax allocated to the Complex, stating that its purpose had been fulfilled when the improvement bond was repaid. County Administrator Jason Brown explained that though the bond was paid, the County was still contractually obligated to pay for the Complex's maintenance through at least FY 2028/29. County Attorney Dylan Reingold provided clarification of the State Statutes governing Tourist Tax spending in response to Commissioner Moss's comments. Commissioner Moss then suggested revisiting the issue to establish a sunset date, thereby reducing the Tourist Tax to three percent (3%), or three cents. The other Board members disagreed with Commissioner Moss's suggestion, and were in favor of maintaining the fourth cent of the Tourist Tax for reasons which included relieving taxpayers from the increasing cost of beach re -nourishment, the necessity of maintaining the County's beaches, upkeep of the Complex which provided sports tourism dollars, and increased requests for Tourism Promotion funds. Jennifer Bates, Tourism and Development Council (TDC) member, commented via Zoom that the fourth cent of the tax was crucial for tourism promotion, especially in light of reduced co-op dollars. She 179 also mentioned that the TDC was in talks to increase the Tourist Tax to five percent (5%), as permitted by the State. Action: Approved Additional Action Action text: A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams, to approve staffs recommendation with additional direction to reserve 75% of the additional Tourism Promotion fund money for mid -year allocations. The motion carried by the following vote: Votes (5:0) 180 ZtAJ t ��eJ b - N � March 15, 2022 CONSENT INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board o- County DATE: Commissioners March 14, 2022 SUBJECT: Authorization for Out of County Travel to Attend Conferences FROM: Tina Cournoyer, Assistant to County Administrator Authorization for out of county travel is requested for Commissioners and Staff to attend the following conferences: - FLGHC (Governor's Hurricane Conference), May 8-13, 2022 - National Hurricane Conference, April 11-14, 2022 - Florida Shore & Beach Preservation Association Conference, October 5-7, 2022 1�B INDIAN RIVER C BO RD OF COUNTY CO FFICE TO: Members of 4oard of County C DATE: March 10, 2022 SUBJECT: Authorization for Out March 15, 2022 CONSENT ONERS UM issioners to Attend Conferences FROM: Tina Cournoyer, Assistan�to County Administrator Authorization for out of county travel is attend the National Hurricane Conferem & Beach Preservation Association Con ted for Commissioners and Staff to I 11-14, 2022 and the Florida Shore October 5-7, 2022. 181 160 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Comrr_unity Development Director FROM: John Stoll; Chief, Long Range Planning DATE: March 1, 2022 SUBJECT: Notice of Public Hearing Scheduled for April 5, 2022 Board Meeting for a County Initiated Request to Amend the Text of the County's Comprehensive Plan It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 15, 2022. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: April 5, 2022: 1. ADOPTION HEARING: County Initiated Request to Amend the Text of the County's Comprehensive Plan to add a new Chapter 13 Property Rights Element. RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 182 Emergency Addition March 15, 2022 11.A. N`'ERc Office of the z INDIAN RIVER COUNTY ADMINISTRATOR Jason B. 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: March 11, 2022 SUBJECT: Legislative Update 0 Staff would like to provide a legislative update, particularly in regards to SB 620. 0 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Andrew Sobczak; Assistant Community Development Director DATE: March 4, 2022 SUBJECT: American Rescue Plan Act of 2021 — Non -Profit Assistance Grant and Down Payment & Rehabilitation Assistance Program Applications. BACKGROUND: On March 11, 2021, the $1.9 trillion -dollar American Rescue Plan Act of 2021 was signed into law. The American Rescue Plan (ARP) is a stimulus package that was intended to speed up the United States' recovery from the impacts of COVID-19. Indian River County received funding through ARP in the amount of $31,063,168. On May 18, 2021, the BCC considered a presentation by staff regarding several new housing programs utilizing ARP funding. These programs included the Supplemental Housing Assistance Rehab and Purchase (SHARP) Program; the Non -Profit Housing Community Rehab (RENO) Program; and the Non -Profit Housing Construction (CENO) Program. As part of the presentation, staff requested input from the BCC on these programs and committed to returning with specific information on each program at a later date. As such, descriptions for each program are provided in this report, as well as the program applications developed by staff that further detail the eligibility, funding, and constraints of each program. Supplemental Housing Assistance Rehab and Purchase (SHARP) program The SHARP program combines State Housing Initiatives Partnership Program (SHIP) funding with ARP funding to increase the amount of assistance available to Very Low Income (VLI), Low Income (LI), and Moderate Income (MI) applicants for the purpose of home purchase assistance, rehab assistance, or both. Some examples of SHARP funding are as follows: 1. Low Income (LI) applicant for rehab assistance is eligible for up to $35,000 in SHIP loan funds, plus an additional $35,000 in ARP funds, for a total of $70,000 in SHARP funding. 183 2. Very Low Income (VLI) applicant for purchase assistance and rehab is eligible for up to $20,000 in SHIP loan funds, and $20,000 in ARP funds, for the purchase, and up to $12,000 in SHIP loan funds, and $12,000 in ARP funds, for repairs, totaling $64,000 in SHARP funding. Under the SHIP program, recipients must repay their assistance if they sell their homes within a 10 -year or 20 -year timeframe. Under the SHARP program, only the SHIP component of this assistance will need to be paid back. The ARP assistance is in the form of a federal grant, and there is no provision for repayment. The total amount of funding to the SHARP program is $1,450,000. The SHARP program application is included as Attachment 1. Non -Profit Housing Community Rehab (RENO) Program RENO program funding is limited to non-profit entities headquartered in Indian River County for the purpose of rehabilitation, repair, and remodeling of multifamily housing facilities that serve disadvantaged populations. While the total amount of funding available to this program is $600,000, a single grant award of up to $400,000 is allowed. The RENO program application is included as Attachment 2. Non -Profit Housing Construction (CENO) Program CENO program funding is limited to non-profit entities headquartered in Indian River County for the purpose of constructing affordable duplex, townhomes, and apartment units that serve disadvantaged populations. Under the CENO program, grant awards of up to $60,000 (per affordable housing unit) are available, and one applicant may receive up to $180,000 of CENO funding for the construction of 3 affordable housing units (3 x $60,000). There is $400,000 of total funding under this program. The CENO program application is included as Attachment 3. SHARP, RENO, and CENO applications While the SHARP program will be available to forthcoming SHIP applicants, the RENO and CENO programs have an application window of March 15, 2022, through June 15, 2022. After that date, the applications received will be ranked in accordance with the Indian River County Community Development Housing Program Scoring Matrix (Attachment 4). Applicants to the RENO and CENO programs identified by staff to receive funding will be brought back to the Board for approval prior to formal award. RECOMMENDATION Staff recommends that the Board of County Commissioners consider the proposed SHARP, RENO, and CENO housing programs, and approve the programs and direct staff to begin administration of these programs, or direct staff to make any necessary changes to the programs. ATTACHMENTS 1. SHARP Application 2. RENO Application 3. CENO Application 4. Scoring Matrix 185 DR1D/�' SHARP Application Program Details American Rescue Plan (ARP) funds in Conjunction with State Housing Initiative Partnership (SHIP) Program Funds Indian River County Planning Division 180127th Street, Vero Beach, FL 32960 (772) 226-4344 or email: iwatkinsna.ircgov.com Program Overview Due to the COVID-19 pandemic, housing acquisition and rehabilitation costs have significantly increased, resulting in the inability of very low, low, and moderate -income households to purchase adequate housing and to make necessary improvements to housing. To combat this. the County is pleased to announce supplemental Purchase and Rehab assistance through the County's SHIP program with the addition of ARP funding (SHARP Program). ➢ The SHARP Program is intended for income eligible households that apply and qualify for County SHIP program funds for single family home purchase and/or rehab assistance. ➢ The SHARP program consists of a SHIP Loan (Loan Component) and an ARP Grant (Grant Component). ➢ As shown in the attached program summary sheet, SHARP funds will compliment SHIP program funds. All SHIP program funding must be repaid and all SHARP program funding is a grant and does not need to be repaid. ➢ All SHIP applications submitted after March 3, 2021 will be eligible for additional SHARP grant funds. SHIP applications closed after March 15, 2022 are not eligible for additional SHARP funding. ➢ If a SHARP application is approved, owner will be required to execute arg ant agreement, affidavit, and any other forms as may be necessary. ➢ To qualify you MUST submit your SHIP application with all necessary paperwork. After review, County staff may request additional information as may be needed to determine eligibility for SHARP. ➢ Applicants must meet SHIP requirements in order to qualify for SHARP funds. ➢ Applicant's property (subject to the application), must be located in Indian River County. ➢ NOTE: Allstate, county, and municipal reccrds are open for personal inspection and copying by any person. 186 VEJ? Indian River County SHARP Application ARP funds in Conjunction with SHIP Program Funds { 1801 27TH STREET VERO BEACH, FLORIDA 32960 * �ioRios * (772) 226-4344 RESIDENT HOUSEHOLD CONTACT INFORMATION MAILING ADDRESS IF APPLICANT AND Co -APPLICANT NAME FULL STREET ADDRESS DIFFERENT THAN STREET ADDRESS *If No, stop and complete a SHIP Preliminary Intake Application and submit that with this application. The SHIP Preliminary Intake Application can be found here: (https://www.irccdd.com/Planning Division/SHIP/SNIP-Intake.pdf) Phone #: (_)-- Cell #: (_)-- Email )- Email Property Information Site Address: STOP! THIS IS REQUIRED Yes No Did you submit a SHIP Application? a Site Tax Parcel I.D. #: *If No, stop and complete a SHIP Preliminary Intake Application and submit that with this application. The SHIP Preliminary Intake Application can be found here: (https://www.irccdd.com/Planning Division/SHIP/SNIP-Intake.pdf) Phone #: (_)-- Cell #: (_)-- Email )- Email Property Information Site Address: House Number and Street (type above) City (type above) Zip Code (type above Site Tax Parcel I.D. #: Type of Assistance Requested Check Appropriate Box Yes No Purchase a Home Purchase a Home with Rehab F Rehab My Existing Home 187 ALL HOUSEHOLD MEMBERS OVER THE AGE OF 18 ARE REQUIRED TO INITIAL AND SIGN THIS ACKNOWLEDGMENT &AGREEMENT ACKNOWLEDGMENT AND AGREEMENT The undersigned specifically acknowledge(s) and agree(s) that: (1) the award requested by this application (if approved) will be included in conjunction with a SHIP mortgage, and that all County/state SHIP program requirements must be met; (2) the property will not be used for any illegal or prohibited purpose or use; (3) all statements made in this application and the associated SHIP application are made for the purpose of obtaining the assistance indicated herein; (4) occupation of the property will be as required by the County SHIP program; (5) verification or re -verification of any information contained in the application and/or the SHIP application may be made at any time by the County, its agents, successors and assigns, from any source named in this application or the associated SHIP application, and the original copy of this application and associated SHIP application will be retained by the County, even if the application is not approved; (6) the County, its agents, successors and assigns will rely on the information contained in this application and associated SHIP application and I/we have a continuing obligation to amend and/or supplement the information provided in this application and associated SHIP application if any of the material facts which I/we have represented should change prior to approval by County. Initials (all adult household members) NOTICE - BE AWARE THAT: FLORIDA STATUTE SECTION 837.06 - FALSE OFFICIAL STATEMENTS LAW STATES THAT: "WHOEVER KNOWINGLY MAKES A FALSE STATEMENT IN WRITING WITH THE INTENT TO MISLEAD A PUBLIC SERVANT IN THE PERFORMANCE OF HIS OFFICIAL DUTY SHALL BE GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE," PUNISHABLE AS PROVIDED BY A FINE TO A MAXIMUM OF $500.00 AND/OR MAXIMUM OF A SIXTY DAY JAIL TERM. Initials (all adult household members) Certification: I/We certify that the information provided in this application is true and correct as of the date set forth opposite my/our signature(s) on this application and acknowledge my/our understanding that any intentional or negligent misrepresentation(s) of the information contained in this application or associated SHIP application may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Section 1001, et. seq. and liability for monetary damages to the Lender, its agents, successors and assigns, insurers and any other person who may suffer any lost due to reliance upon any misrepresentation which I/we have made on this application. X Applicant's Signature Date X Co -Applicant's Signature (if any) Date X IM SHARP PROGRAM SUMMARY SHEET Program SHIP ARP - Applicants with SHIP funds "SHARP" Program Total Combined SHIP + ARP Ca Rehabilitation 10 year deferred payment loan SHIP Loan + ARP Grant Assistance 3% Simple Interest Program* Up to $60,000 VLI, LI Up to $35,000 SHIP loan + Up to $35,000 $70,000 VLI, LI ARP grant Half SHIP./Half ARP Purchase 20 year deferred payment loan SHIP Loan + ARP Grant = Only amount Assistance Purchase, 10 year deferred required for GAP Financing and closing costs, Program with Rehab* payment loan Rehab 3% Simple Interest after maximizing lenders 11` mortgage $20,000.00 + $12,000.00 -Up to $20,000 grant for purchase in $40,000 + $24,000 = $64,000 VLI (Rehab) VLI conjunction with SHIP (Half SHIP/Half ARP) - VLI -Up to $12,000 grant for rehab in conjunction with SHIP (Half SHIP/Half ARP) - VLI $15,000.00 + $11,500.00 -Up to $15,000 grant for purchase in $30,000 + $23,000 = $53,000 LI (Rehab) LI conjunction with SHIP (Half SHIP/Half ARP) - LI -Up to $11,500 grant for rehab in conjunction with SHIP(Half SHIP/Half ARP - LI $10,000.00 + $11,000.00 -Up to $10,000 grant for purchase in $20,000 + $22,000 = $42,000 Nft (Rehab) MI conjunction with SHIP (Half SHIP/Half ARP) -MI -Up to $11,000 grant for rehab in conjunction with SHIP (Half SHIP/Half ARP) - MI Purchase 20 year deferred payment loan SHIP Loan + ARP Grant Assistance Program (3% Simple Interest) without $20,000 VLI -$20,000 grant for purchase in conjunction $40,000 VLI Rehab* with SHIP (Half SHIP/Half ARP) - VLI $15,000 LI -$15,000 grant for purchase in conjunction $30,000 LI with SHIP (Half SHIP/Half ARP) - LI $10,000 MI - $10,000 grant for purchase in conjunction $20,000 MI with SHIP (Half SHIP/Half ARP) - MI Essential -Up to $10,000 additional grant funding could $10,000 VLI, LI, MI Employees potentially be added to a SHARP application (All SHARP submitted by an Essential Employee (teachers, Programs) first responders, health care workers). * For individual applications, up to $10,000 in additional assistance is available for eligible essential employees such as teachers, first responders, and heath care workers. Acronyms: VLI - Very Low Income (Household earning up to 50% of Area Median Income) LI - Low Income (Households earning between 50% and 80% of Area Median Income) MI - Moderate Income (Households earning between 80% and 120% of Area Median Income) 189 Indian River County Maximum Annual Household Income for SHARP Program Household Size Very Low Not to Exceed Low Not to Exceed Moderate Not to Exceed 120% of AMI* 50% of AMI* 80% of AMI* I Person 25,550 $40,9000 $61,320 2 Persons $29,200 $46,750 $70,080 3 Persons $32,850 $52,600 $78,840 4 Persons $36,500 $58,400 $87,600 5 Persons $39,450 $63,100 $94,680 6 Persons $42,350 $67,750 $101,640 7 Persons $45,300 $72,450 $108,720 8 Persons $48,200 $77,100 $115,680 *AMI = Area Median Income Median Income (MI) = $77,600 Source: Florida Housing Finance Agency Maximum Purchase Price $311,980 fAcommunity development\arp\applications\draft sharp application-3_1_22.docx 190 INDIAN RIVER COUNTY NON-PROFIT HOUSING REHABILITATION PROGRAM GRANT APPLICATION Through the federal American Rescue Plan (ARP) Act funding program, the Indian River County Board of County Commissioners is providing one-time grants of up to $400,000.00 to qualifying non-profit housing providers operating in Indian River County, negatively affected by the COVID-19 Pandemic. The grant is limited to one application per non-profit, including organizations with multiple locations within Indian River County. Funds may be used for rehabilitation, repair, and remodeling of housing facilities after March 3, 2021. Funds may not be used for the exact same expense that was paid by other federal programs for the same time period. Applications will be accepted from March 15, 2022, through June 15, 2022. All completed grant applications will be submitted electronically to the Indian River County Community Development Department. To meet grant eligibility criteria, the non-profit must: • Be headquartered in Indian River County and negatively affected by the COVID- 19 Pandemic by experiencing an increase in demand for services, increase in costs to provide services, and/or loss of revenue • Be registered as either a 501(c)(3) or 501(c)(4) and be in good standing with the State of Florida, IRS, County and/or United Way and had received its non-profit status prior to March 1, 2020 • Have been in operation since October 1, 2019 • Have no active judgements, liens, bankruptcies, etc. against the organization or its owner(s) • Be current on all tangible personal property and/or real estate taxes • Employ executive/administrative staff and have a Board of Directors • Provide last 6 months of Board of Director meeting minutes • Provide number of people served before, during, and after COVID-19 (ex. January/February 2020, August/September 2020 and March/April 2021) 1 IRC Non -Profit Housing Rehabilitation Program Grant Application Nage 1 of 7 INDIAN RIVER COUNTY NON-PROFIT HOUSING REHABILITATION PROGRAM GRANT APPLICATION All of the documents listed below must accompany your completed application (please scan them into one pdf document). If all items are not included, it may cause a delay in processing your application. DOCUMENT CHECKLIST — HAVE YOU INCLUDED ❑ State of Florida business registration from the Florida Division of Corporation showing the business is registered in Indian River County; visit www.Sunbiz.orq for assistance (except for 1099 employees) A copy of the business owner's(s) or Registered Agent/CEO's Driver's License or other photo government -issued identification C Completed and signed current IRS W-9 form - Request for Taxpayer Identification Number and Certification (visit the IRS website for assistance) ❑ Documentation of negative impact from the COVID-19 Pandemic by experiencing an increase in the demand for services, increase in the costs to provide services, and/or loss of revenue Brief explanation of the proposed use of grant funds and estimated cost from qualified professionals Financial Statements for the most recent fiscal year Active registration on SAM.gov __l Completed Risk Assessment Questio-inaire ❑ Completed Sub -Recipient Agreement Complete the application, and email it with the required documentation as listed above, to: SHARP(a-)-ircgov.com Phil Matson, Community Development Director, Indian River County Please scan your application and all required documents into one document (pdf), to send in one email or as one combined file. .� � IRC Non -Profit Housing Rehabilitation Program Grant Application 19 age 2 of 7 INDIAN RIVER COUNTY NON-PROFIT HOUSING REHABILITATION PROGRAM GRANT APPLICATION Non -Profit Information Full Legal Business Name: Attach a copy of the Florida Division of Corporations Registration Information and Detail by Entity Name Please indicate your business structure (Choose one): C 501(c)(3) ❑ 501(c)(4) Non -Profit Phone Number: Current Non -Profit Address: Cell Phone Number: City: State: FL Zip: Mailing Address, if different from above NOTE: Be sure to provide your preferred mailing address on your completed W9 form Non -Profit Website: Primary E-mail Address: Primary Executive's Name: Additional Executives' Names: Description of non-profit and products/services offered: IRC Non -Profit Housing Rehabilitation Program Grant Application 19�age 3 cf 7 Description of Rehabilitation/Repair/Remodeling: Estimated Cost of Construction: $ Amount Requested: $ * Attach written estimate from at least 3 qualified professionals Qualifying Questions Was your non-profit registered and operational in Indian River County, FL as of 10/1/2019? Yes No Is your non-profit locally or independently owned? Yes No Is the non-profit in good standing? (i.e. no active judgements, liens, bankruptcies, arbitration settlements requiring withholding of funds, convicted felons, court costs or criminal victim reimbursement programs) Yes No Grant Information This is a grant program, so no payback is required. Funds may be used for expenses incurred after March 3, 2021. These funds may be considered taxable income, so please contact your tax professional for guidance. The Indian River County Non -Profit Housing Rehabilitation Program Grant has a limited amount of funds available ($600,000), with maximum assistance to any one non-profit of $400,000. Applications will be accepted °antil funds are exhausted, and all projects must be completed by July 31St, 2026. awn s 0 IRC Non -Profit Housing Rehabilitation Program Grant Application 19$ag e 4 of 7 Grant Compliance If you do not comply with the requirements listed below and submit proper documentation, you will be responsible for repaying the grant in full. By clicking the Submit button below, I agree to the following terms and conditions. I have legal authority to submit the application and enter into agreements on behalf of (insert name of non-profit) The Applicant agrees that Indian River County does not assume any responsibility for the success or failure of the Applicant's existing non-profit. The information in this application is provided for the purpose of applying for the Indian River County Non -Profit Housing Construction Program Grant program. The information is accurate to the best of the Applicant's knowledge. The Applicant understands that personal and/or business information may be requested pursuant to this application and herebygrants consent for such information to be provided to Indian River County. I (we) understand that any willful misrepresentation on this application could result in a fine and/or imprisonment under provision of the United States Criminal Code U.S. C. Title 18, Section 1001, and shall entitle the County to receive a return of any funding provided hereunder, in addition to any other remedies it may have against Applicant at law or in equity. I (we) further understand that, pursuant to Section 92.525, Florida Statutes, a person who knowingly makes a false declaration thereunder is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in Sections 775.082, 775.083 or 775.084, Florida Statutes. The submitted application, including attachments, is subject to disclosure under Florida's public records law subject to limited applicable exemptions. The Applicant acknowledges, understands, and agrees that, except as noted below, all information in the application and attachments will be disclosed, without any notice to the Applicant, if a public records request is made for such information, and Indian River County will not be liable to Applicant for such disclosure. Social Security numbers are exempt from the public records law pursuant to s IRC Non -Profit Housing Rehabilitation Program Grant Application 19%ge 5 of 7 Section 119.071, Florida Statutes. If the Applicant believes that the information in their application, including attachments, contains information that is confidential and exempt from disclosure, the Applicant must include a general description of the information and provide reference to the Florida Statute or other law which exempts such designated information from disclosure in the event of a public records request. The County does not warrant or guarantee that information designated by the Applicant as exempt from disclosure is in fact exempt, and if the County disagrees, it will make such disclosures in accordance with its sole determination as to the applicable law. You are authorized to make all the inquiries you deem necessary to verify the accuracy of the information contained herein. Additionally, the Applicant agrees that in the event that money is provided pursuant to this application, the County or its agent shall be entitled to access and audit such records as may be necessary to prevent fraud .'n this process or ensure compliance with federal requirements. The Applicant shall fully cooperate with the County or its agent and timely respond to any requests for such records. Without limiting the generality of the foregoing, the Applicant specifically acknowledges and agrees that, if awarded funds pursuant to this application, the County, and any duly authorized agents or representative of the County are entitled to examine documentation which concern or relate to this Application at any and all times during normal business hours upon request. Under penalties of perjury, 1, the Applicant(s), declare that I have read the foregoing application and that the facts provided are true. I understand that knowingly making a false written declaration may be charged as a felony of the third degree. Acknowledgement & Signature Completion and submission of the application by the Applicant to Indian River County is merely a request for grant funds and shall not be construed as an approval nor commitment by Indian River County. Printed Names) 0 IRC Non -Profit Housing Rehabilitation Program Grant Application 19f age 6 of 7 Authorized Signature(s) Date Please submit your application online in its entirety, including required documentation, to: SHARP(aDircclov.com Phil Matson, Community Development Director, Indian River County Please scan your application and all required documents into one document (pdf), to send in one email or as one combined file*. *Note: If the file size is too large to send in one e-mail, you may separate the pdf file into smaller parts and send in multiple e-mails. If doing so, please indicate in the e-mail subject line how many e-mails are being sent. OR Contact staff at SHARP(cDircgov.com for DROPBOX Instructions. ATTACHED ITEMS: 1. Indian River County Community Development Housing Program Scoring Matrix 2. Risk Assessment Questionnaire 3. Sub -Recipient Agreement IRC Non -Profit Housing Rehabilitation Program Grant Application 19Page7of7 INDIAN RIVER COUNTY AMERICAN RESCUE PLAN AGREEMENT THIS INDIAN RIVER COUNTY AMERICAN ("Agreement") is entered into as of the _ day of River County, a political subdivision of the State of Florida, Vero Beach, Florida, 32960 ("Recipient" or "Owner"), and not-for-profit corporation, whose address is "Subrecipient" or "CONTRACTOR" or "Contractor"). RECITALS RESCUE PLAN AGREEMENT , 2022 by and between Indian whose address is 1801 27h Street, a Florida (the WHEREAS, Recipient has received funds as part of the American Rescue Plan; and WHEREAS, Recipient is required to comply with the requirements set forth in the attached U.S Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions (the "Conditions"); and WHEREAS, Recipient is providing one-time grants of up to $400,000 to qualifying non- profit housing providers operating in Indian River County, negatively affected by the COVID-19 pandemic, which will be used for rehabilitation, repair and remodeling of housing facilities; and WHEREAS, Subrecipient as part of the acceptance of assistance agrees to comply with the Conditions. 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. Payments. a. In order to obtain reimbursement for expenditures, the Subrecipient must file with the Recipient Budget Department its request for reimbursement and any other information required to justify and support the payment request. Payment requests must include the following to be deemed eligible and complete: i. Narrative of expenses. ii. Copy of paid invoices. iii. Copy of cleared checks to paid invoices (if paid by check) or ACH statement. iv. Copy of credit card statement showing charges (if paid by credit card). v. Copy of cleared check or ACH used to pay credit card. b. Reimbursements will only be made for expenditures that the Recipient provisionally determines are eligible under the American Rescue Plan. However, Page I of 4 IM the Recipient's provisional determination that an expenditure is eligible does not relieve the Subrecipient of its duty to repay the Recipient for any expenditures that are later determined by the Recipient or the Federal Government to be ineligible. Compliance Requirements and Forms. Subrecipient agrees to comply with the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions attached as Exhibit "A". Prior to receiving any funds, Subrecipient agrees to execute the Certification Regarding Lobbying and Assurances of Compliance with Civil Rights Requirements attached as Exhibit `B". Subrecipient also agrees to comply with the provisions set forth in Exhibit `B". Subrecipient shall also maintain its registration with SAM.GOV. 4. Scope of Work. Subrecipient shall perform the tasks as identified and set forth in the Scope of Work, which is attached as Exhibit "C". 5. Public Records Compliance. A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to flee 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 Page 2 of 4 199 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 publicrecordsnu,ircgov.com Indian River County Office of the County Attorney 180127' Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 6. Termination TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba cr Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 7. E -Verify: 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 Page 3 of 4 200 employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. IN WITNESS WHEREOF, Recipient and Subrecipient have executed this Agreement this day of , 2022. NAME OF ENTITY Name Position Date: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Peter D. O'Bryan, Chairman Date approved: 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 Page 4 of 4 201 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Attachment A Expiration Date: November 30, 2021 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Recipient name and address: DUNS Number: 079208989 Indian River County Taxpayer Identification Number: 596000674 1801 27th st Assistance Listing Number: 21.019 Vero Beach, Florida, 32960 Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto. DocuSigned by: Recipient: Authorized Representative: Kristin Daniels Title: Budget Director Date signed: 5/13/2021 U.S. Department of the Treasury: Authorized Representative: Title: Date: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. 202 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1. Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. 2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024. 3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. 4. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later. 5. Pre -award Costs. Pre -award costs, as refined in 2 C.F.R. § 200.458, may not be paid with funding from this award. 6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs. 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. 8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 203 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E 9. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to sect.on 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; 204 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E ii. The Fair Housing Act, Title ''III of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10. Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. 11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 13. Publications. Any publications produced with funds from this award must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 14. Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by 4 205 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 15. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 5 206 DocuSign Envelope ID: 927D0328-CA93-46F&A33E-35E863E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient's beneficiaries, the use or rent of Federal sand or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. 207 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receivingfederal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other FIM DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub - recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient's obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Indian River County 5/13/2021 Recipient Date C�V oocusgnea ny: shvu +a itts 89075E489bA2421... Signature of Authorized Official PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. 209 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal grant, the making of any Federal lean, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents of all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, United States Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization: Street address: City, State, Zip: CERTIFIED BY: trype or print) TITLE: (signature) a e 210 Approved by OMB Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for Dublic burden disclosure) 0348-0046 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For material change only: e. loan guarantee Year quarter f, loan insurance Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Prime Subawardee Name and Address of Prime: Tier , if Known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (f individual, last name, first name, MI): different from No. l0q) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This Signature: disclosure of lobbying activities is a material representation of fact upon which reliance was placed Print Name: by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 Title: U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public Telephone No.: Date: inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) 211 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFP -DE -90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as arrended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management anc Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503 212 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 ASSURANCES OF COMPLI.ANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lel2.gov. 213 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is bincing upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein 'incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements. 8. Recipient shall maintain a complaint log and in=orm the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an achninistrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other 2 214 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub - recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient's obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date Signature of Authorized Official PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated witl: this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. 3 215 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 1801 2711 Street, Vero Beach, FL 32960-3388 American Rescue Plan Act Risk Assessment Organization Name: Representative: Date: 1. Is your organization delinquent on any federal or state debt, including unpaid taxes? ❑ Yes ❑ No 2. Is your organization currently audited under the Single Audit Act? ❑ Yes ❑ No 3. How many state or local grant programs are currently being managed by your organization? 4. How many Federal grant programs are currently being managed by your organization? 5. Is your organization currently managing any other programs funded with American Rescue Plan Act dollars? Yes ❑ No 6. Does your organization have written policies and procedures for each of the following? a. Accounting including separation of duties, internal controls for transactions, documentation requirements to substantiate expenses and meets generally accepted accounting principles? n Yes ❑ No b. Procurement including processes/standards that demonstrate principles of fair and open competition with evaluation of costs? F]Yes ❑ No c. Conflict of interest including the process to identify and address any conflict? 7 Yes ❑ No d. Grant program compliance/management including systems, staffing and reporting? F]Yes ❑ No e. What was the date your policies and procedures were last updated? 7. What was the date of your last financial audit? 8. Did your organization have any audit findings within the past 5 years for: a. Grant Management b. Financial c. N/A If (a) or (b) is selected, please explain: Q,117-�Jl-el 1 �oKto" i INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 1801 27"' Street, Vero Beach, FL 32960-3388 American Rescue Plan Act Risk Assessment 9. Please provide the total number of audit findings/year (Enter N/A for 0): a. If applicable, describe the number and nature of the findings, any corrective action taken, and completion date to satisfy findings. 10. Did you submit your single audit to the Federal Audit Clearinghouse? ❑ Yes F-1 No 11. Does your organization maintain a separate account for grant funds? Yes ❑ No 12. In the last 12 months has your organization had any significant changes in computer systems or personnel? ❑ Yes ❑ No If Yes, please explain: 13. Does your organization have designated experienced staff with capacity to properly manage and oversee the management and compliance of this program? ❑ Yes ❑ No 14. Does your organization maintain central file locations for all grants, loans or other types of financial assistance? ❑ Yes ❑ No 15. Does your organization have a history of timely and accurate submission of required grant expenditure and/or financial reports as requested/required? ❑ Yes ❑ No ❑ I Agree By checking the "I Agree" box and entering your name below, you certify that information contained in this risk assessment accurately reflects the activities of this agency and are subject to further inquiry upon request. Name: Title: 217 INDIAN RIVER COUNTY NON-PROFIT HOUSING CONSTRUCTION PROGRAM GRANT APPLICATION Through the federal American Rescue Plan (ARP) Act funding program, the Indian River County Board of County Commissioners is providing one-time grants of up to $60,000.00 per unit to qualifying non-profit housing providers operating in Indian River County, negatively affected by the COVID-19 Pandemic. The grant is limited to one application per non-profit, including organizations with multiple locations within Indian River County. Funds may be used for construction of affordable duplex, townhomes, and apartment units for disadvantaged populations after March 3, 2021. Funds may not be used for the exact same expense that was paid by other federal programs for the same time period. Applications will be accepted from March 15, 2022, through June 15, 2022. All completed grant applications will be submitted electronically to the Indian River County Community Development Department. To meet grant eligibility criteria, the non-profit must: • Be headquartered in Indian River County and negatively affected by the COVID- 19 Pandemic by experiencing an increase in demand for services, increase in costs to provide services, and/or loss of revenue • Be registered as either a 501(c)(3) or 501(c)(4) and be in good standing with the State of Florida, IRS, County and/or United Way and had received its non-profit status prior to March 1, 2020 • Have been in operation since October 1, 2019 • Have no active judgements, liens, bankruptcies, etc. against the organization or its owner(s) • Be current on all tangible personal property and/or real estate taxes • Employ executive/administrative staff and have a Board of Directors • Provide last 6 months of Board of Director meeting minutes • Provide number of people served before, during, and after COVID-19 (ex. January/February 2020, August'September 2020 and March/April 2021) '4 IRC Non -Profit Housing Construction Program Grant Application 24age 1 of 7 INDIAN RIVER COUNTY NON-PROFIT HOUSING CONSTRUCTION PROGRAM GRANT APPLICATION All of the documents listed below must accompany your completed application (please scan them into one pdf document). If all items are not included, it may cause a delay in processing your application. DOCUMENT CHECKLIST — HAVE YOU INCLUDED [ l State of Florida business registration from the Florida Division of Corporation showing the business is registered in Indian River County; visit www.Sunbiz.org for assistance (except for 1099 employees) A copy of the business owner's(s) or Registered Agent/CEO's Driver's License or other photo government -issued identification Completed and signed current IRS W-9 form - Request for Taxpayer Identification Number and Certification (visit the IRS website for assistance) Documentation of negative impact from the COVID-19 Pandemic by experiencing an increase in the demand for services, increase in the costs to provide services, and/or loss of revenue ❑ Brief explanation of the proposed use of grant funds and estimated cost from qualified professionals ❑ Financial Statements for the most recent fiscal year ❑ Active registration on SAM.gov Ll Completed Risk Assessment Cxuesticnnaire I I Completed Sub -Recipient Agreemen` Complete the application, and email it with the required documentation as listed above, to: SHARP(a)ircgov.com Phil Matson, Community Development Director, Indian River County Please scan your application and all required documents into one document (pdf), to send in one email or as one combined file. 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IRC Non -Profit Housing Construction Program Grant Application 21$age 2 of 7 RION INDIAN RIVER COUNTY NON-PROFIT HOUSING CONSTRUCTION PROGRAM GRANT APPLICATION Non -Profit Information Full Legal Business Name: Attach a copy of the Florida Division of Corporations Registration Information and Detail by Entity Name Please indicate your business structure (Choose one): ❑ 501(c)(3) ❑ 501(c)(4) Non -Profit Phone Number: Cell Phone Number: Current Non -Profit Address: City: State: FL Zip: Mailing Address, if different from above NOTE: Be sure to provide your preferred mailing address on your completed W9 form Non -Profit Website: Primary E-mail Address: Primary Executive's Name: Additional Executives' Names: Description of non-profit and products/services offered: IRC Non -Profit Housing Construction Program Grant Application 22gage 3 of 7 Description of New Construction: Estimated Cost of Construction (per residential unit): $ Amount Requested: $ * Attach written estimate from at least 3 qualified professionals Qualifying Questions Was your non-profit registered and operational in Indian River County, FL as of 10/1/2019? Yes No Is your non-profit locally or independently owned? Yes No Is the non-profit in good standing? (i.e. no active judgements, liens, bankruptcies, arbitration settlements requiring withholding of funds, convicted felons, court costs or criminal victim reimbursement programs) Yes No Grant Information This is a grant program, so no payback is required. Funds may be used for expenses incurred after March 3, 2021. These (ands may be considered taxable income, so please contact your tax professional for guidance. The Indian River County Non -Profit Housing Construction Program Grant has a limited amount of funds available ($400,000), with maximum assistance to any one non-profit of $180,000 (3 units). Applications will be accepted until funds are exhausted, and all projects must be completed by July 31 s', 2026. IRC Non -Profit Housing Construction Program Grant Application 22tag e 4 of 7 Grant Compliance If you do not comply with the requirements listed below and submit proper documentation, you will be responsible for repaying the grant in full. By clicking the Submit button below, I agree to the following terms and conditions. 1 have legal authority to submit the application and enter into agreements on behalf of (insert name of non-profit) The Applicant agrees that Indian River County does not assume any responsibility for the success or failure of the Applicant's existing non-profit. The information in this application is provided for the purpose of applying for the Indian River County Non -Profit Housing Construction Program Grant program. The information is accurate to the best of the Applicant's knowledge. The Applicant understands that personal and/or business information may be requested pursuant to this application and herebygrants consent for such information to be provided to Indian River County. I (we) understand that any willful misrepresentation on this application could result in a fine and/or imprisonment under provision of the United States Criminal Code U.S. C. Title 18, Section 1001, and shall entitle the County to receive a return of any funding provided hereunder, in addition to any other remedies it may have against Applicant at law or in equity. I (we) further understand that, pursuant to Section 92.525, Florida Statutes, a person who knowingly makes a false declaration thereunder is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in Sections 775.082, 775.083 or 775.084, Florida Statutes. The submitted application, including attachments, is subject to disclosure under Florida's public records law subject to limited applicable exemptions. The Applicant acknowledges, understands, and agrees that, except as noted below, all information in the application and attachments will be disclosed, without any notice to the Applicant, if a public records request is made for such information, and Indian River County will not be liable to Applicant for such disclosure. Social Security numbers are exempt from the public records law pursuant to �'y� IRC Non -Profit Housing Construction Program Grant Application 22;age 5 of 7 Section 119.071, Florida Statutes. If the Applicant believes that the information in their application, including attachments, contains information that is confidential and exempt from disclosure, the Applicant must include a general description of the information and provide reference to the Florida Statute or other law which exempts such designated information from disclosure in the event of a public records request. The County does not warrant or guarantee that information designated by the Applicant as exempt from disclosure is in fact exempt, and if the County disagrees, it will make such disclosures in accordance with its sole determination as to the applicable law. You are authorized to make all the inquiries you deem necessary to verify the accuracy of the information contained herein. Additionally, the Applicant agrees that in the event that money is provided pursuant to this application, the County or its agent shall be entitled to access and audit such records as may be necessary to prevent fraud in this process or ensure compliance with federal requirements. The Applicant shall fully cooperate with the County or its agent and timely respond to any requests for such records. Without limiting the generality of the foregoing, the Applicant specifically acknowledges and agrees that, if awarded funds pursuant to this application, the County, and any duly authorized agents or representative of the County are entitled to examine documentation which concern or relate to this Application at any and all times during normal business hours upon request. Under penalties of perjury, 1, the Applicant(s), declare that I have read the foregoing application and that the facts provided are true. I understand that knowingly making a false written declaration may be charged as a felony of the third degree. Acknowledgement & Signature Completion and submission of the application by the Applicant to Indian River County is merely a request for grant funds and shall not be construed as an approval nor commitment by Indian River County. Printed Name(s) IRC Non -Profit Housing Construction Prcgram Grant Application F�-a�ro 22Lge 6 of 7 Authorized Signature(s) Date Please submit your application online in its entirety, including required documentation, to: SHARP(cDircgov.com Phil Matson, Community Development Director, Indian River County Please scan your application and all required documents into one document (pdf), to send in one email or as one combined file*. *Note: If the file size is too large to send in one e-mail, you may separate the pdf file into smaller parts and send in multiple e-mails. If doing so, please indicate in the e-mail subject line how many e-mails are being sent. OR Contact staff at SHARP(cDirccgov.com for DROPBOX Instructions. ATTACHED ITEMS: 1. Indian River County Community Development Housing Program Scoring Matrix 2. Risk Assessment Questionnaire 3. Sub -Recipient Agreement IRC Non -Profit Housing Construction Program Grant Application 22$age 7 of 7 INDIAN RIVER COUNTY AMERICAN RESCUE PLAN AGREEMENT THIS INDIAN RIVER COUNTY AMERICAN RESCUE PLAN AGREEMENT ("Agreement") is entered into as of the _ day of , 2022 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 ., a Florida not-for-profit corporation, whose address is (the "Subrecipient"). RECITALS WHEREAS, Recipient has received funds as part of the American Rescue Plan; and WHEREAS, Recipient is required to comply with the requirements set forth in the attached U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions (the "Conditions"); and ' WHEREAS, Recipient is providing one-time grants of up to $60,000 to qualifying non- profit housing providers operating in Indian River County, negatively affected by the COVID-19 pandemic, which will be used for construction of affordable duplex, townhomes, and apartment units for disadvantages populations; and WHEREAS, Subrecipient as part of the acceptance of assistance agrees to comply with the Conditions. 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. Pavments. a. In order to obtain reimbursement for expenditures, the Subrecipient must file with the Recipient Budget Department its request for reimbursement and any other information required to justify and support the payment request. Payment requests must include the following to be deemed eligible and complete: i. Narrative of expenses. ii. Copy of paid invoices. iii. Copy of cleared checks to paid invoices (if paid by check) or ACH statement. iv. Copy of credit card statement showing charges (if paid by credit card). v. Copy of cleared check or ACH used to pay credit card. b. Reimbursements will only be made for expenditures that the Recipient provisionally determines are eligible under the American Rescue Plan. However, Page I of 4 225 the Recipient's provisional determination that an expenditure is eligible does not relieve the Subrecipient of its duty to repay the Recipient for any expenditures that are later determined by the Recipient or the Federal Government to be ineligible. 3. Compliance Requirements and Forms. Subrecipient agrees to comply with the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions attached as Exhibit "A". Prior to receiving any funds, Subrecipient agrees to execute the Certification Regarding Lobbying and Assurances of Compliance with Civil Rights Requirements attached as Exhibit `B". Subrecipient also agrees to comply with the provisions set forth in Exhibit `B". Subrecipient shall also maintain its registration with SAM.GOV. 4. Scope of Work. Subrecipient shall perform the tasks as identified and set forth in the Scope of Work, which is attached as Exhibit "C". 1. 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 lava. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for Page 2 of 4 226 retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(u),ircgov.com Indian River County Office of the County Attorney 180127' Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 2. Termination TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 28 7.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 3. E -Verify: 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 Page 3 of 4 227 employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. IN WITNESS WHEREOF, Recipient and Subrecipient have executed this Agreement this day of , 2022. NAME OF ENTITY Name Position Date: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Peter D. O'Bryan, Chairman Date approved: 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 Page 4 of 4 228 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Attachment A Expiration Date: November 30, 2021 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Recipient name and address: DUNS Number: 079208989 Indian River County Taxpayer Identification Number: 596000674 1801 27th st Assistance Listing Number: 21.019 Vero Beach, Florida, 32960 Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto. or DocuSigned by: Recipient: 6S{ 1& NAAAls S --69075F=4695 *A2421 - Authorized Representative: Kristin Daniels Title: Budget Director Date signed: 5/13/2021 U.S. Department of the Treasury: Authorized Representative: Title: Date: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. 229 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1. Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. 2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024, 3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. 4. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later. 5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. 6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs. 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. 8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 230 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E 9. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; 231 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E ii. The Fair Housing Act, Title XVIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10. Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. 11, Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 13. Publications. Any publications produced with funds from this award must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 14. Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by 4 232 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 15. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. 18. Reducing Text Messaging While Drivina. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 233 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. 234 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S. C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other 235 DocuSign Envelope ID: 927D0328-CA93-46F&A33E-35E863E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub - recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient's obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Indian River County 5/13/2021 Recipient Date Coausbnea er: t7SE40VA2421 hv, �}atti Lts ... Signature of Authorized Official PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. 236 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents of all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, United States Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization: Street address: City, State, Zip: CERTIFIED BY: `'pe or print) TITLE: (signature) a e 237 Approved by OMB Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for nublic burden disclosure) 0348-0046 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a, bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For material change only: e. loan guarantee Year quarter f. loan insurance Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Prime Subawardee Name and Address of Prime: Tier , if Known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, ifknown: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (f individual, last name, first name, MI): d fferent from No. 10a) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This Signature: disclosure of lobbying activities is a material representation of fact upon which reliance was placed Print Name: by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 Title: U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public Telephone No.: Date: inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) 238 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to infuence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting ent ty for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFP -DE -90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award!loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and dare the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503 239 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lel2.gov. 240 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 14 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person. on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency " in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other 2 241 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub - recipients. The United States of America has the right Yo seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient's obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Signature of Authorized Official PAPERWORK REDUCTION ACT NOTICE Date The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. 242 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 1801 271 Street. Vero Beach, FL 32960-3388 American Rescue Plan Act Risk Assessment Organization Name: Representative: Date: 1. Is your organization delinquent on any federal or state debt, including unpaid taxes? Yes ❑ No 2. Is your organization currently audited under the Single Audit Act? Yes ❑ No 3. How many state or local grant programs are currently being managed by your organization? 4. How many Federal grant programs are currently being managed by your organization? 5. Is your organization currently managing any other p ograms funded with American Rescue Plan Act dollars? 1-1 Yes FI No 6. Does your organization have written policies and procedures for each of the following? a. Accounting including separation of duties, internal controls for transactions, documentation requirements to substantiate expenses and meets generally accepted accounting principles? F] Yes ❑ No b. Procurement including processes/standards that demonstrate principles of fair and open competition with evaluation of costs? Yes F-1 No c. Conflict of interest including the process to identify and address any conflict? F]Yes ❑ No d. Grant program compliance/management including systems, staffing and reporting? ❑ Yes ❑ No e. What was the date your policies and procedures were last updated? 7. What was the date of your last financial audit? Did your organization have any audit findings within the past 5 years for: a. Grant Management b. Financial c. N/A If (a) or (b) is selected, please explain: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 1801 27t' Street, Vero Beach, FL 32960-3388 American Rescue Plan Act Risk Assessment 9. Please provide the total number of audit findings/year (Enter N/A for 0): a. If applicable, describe the number and nature of the findings, any corrective action taken, and completion date to satisfy findings. 10. Did you submit your single audit to the Federal Audit Clearinghouse? ❑ Yes ❑ No 11. Does your organization maintain a separate account for grant funds? ❑ Yes ❑ No 12. In the last 12 months has your organization had any significant changes in computer systems or personnel? ❑ Yes ❑ No If Yes, please explain: 13. Does your organization have designated experienced staff with capacity to properly manage and oversee the management and compliance of this program? ❑ Yes F-1 No 14. Does your organization maintain central file locations for all grants, loans or other types of financial assistance? Yes F1 No 15. Does your organization have a history of timely and accurate submission of required grant expenditure and/or financial reports as requested/required? ❑ Yes ❑ No ❑ I Agree By checking the "I Agree" box and entering your name below, you certify that informatior contained in this risk assessment accurately reflects the activities of this agency and are subject to further inquiry upon request. Name: Title: 244 3 / E \ E / 0 CL g $ aj E 0 } � = E E / / e \ g ƒf 0 o a- 0- Lnc 0 c- \ 9 o » a. \ f @ o CL f a. 0 6 % o = 2/ § § / ƒ e j E_ ~ % Q) a) �_ C \ C/§/ _ W 2 / k k m 0 2/ x( �> 2 2 > = o m m c / 7 = 4 2 7=± 0 E B E m > c m o o s 0. @» 0 u= m Q) E\[ / a( 2\\ y 2 a t§ 2% 7-0/ = 5 = u a) o o - I — _ \ ) � & — R - 0 & 2 3 \ _ $ 7 / ° 0 / \ 2 _ o _ u = t > o <:3 g ) _ ƒ = e G = — 0 a -0 m c a m f x 2» > _ '� 2' m R = o-0 ° ~ 2 g u ' = u M 0�7 3 7 / § ° ® ° ° m CL m 0 t-0§ ƒ© U R\ u k k/{ 4± 4 x^ Q) u m\= u f E 0 0 e 2® 2 . ± t/ W 0 u U= u E°_\ ° ° 2 o E E\ /= t k o' °\ e § ® c= 0 c » a f a u E E 7 0 n= i ® b \@ 0 k @ 7 u S o o/± 2 E g < a=�_ 2\\/ 7//§ = 2 a s&& 5 e 0 E u-0 4 E t§ R m\ E 2 _ c 0 / 0 $ EE $ a) f / / / ( 9 \/ f / 2\ 2 rz / 2 CL CL \ f/ k§ 2 \ ) \ 3 3 2 < m � � �D N 03/15/2022 Item 12.A.I. Indian River County Board of County Commissioners March 15, 2022 American Rescue Plan Act of 2021 Non -Profit Assistance Grant and Down Payment & Rehabilitation Program Applications Backorround • March 11, 2021— American Rescue Plan (ARP) stimulus package • May 18, 2021— BCC reviewed and considered new housing programs including: — Supplemental Housing Assistance Rehab and Purchase Program (SHARP) — Non -Profit Housing Community Rehab Program (RENO). — Non -Profit Housing Construction Program (CENO). 03/15/2022 Item 12.A.1. SHARP Supplemental Housing Assistance Rehab and Purchase Program • Combines Existing State Housing Initiatives Partnership Program (SHIP) funding with ARP funding. A total of $1.4 million in funding is available for the SHARP program. • Assist Very Low Income (VLI), Low Income (LI), and Moderate Income (MI) applicants with: — Home Purchase Assistance — Home Rehabilitation — Both • An additional $10,000 available to Essential Employees (Teachers, 1 s[ Responders, Health Care Workers). • Applicants are qualified through SHIP program SHARP Supplemental Housing. Assistance Rehab and Purchase Program • Rehabilitation: — VLI/LI up to $70,000 • Purchase Assist with Rehab — VLI up to $64,000 — LI up to $53,000 — MI up to $42,000 • Purchase Assist No Rehab — VLI up to $40,000 — LI up to $30,000 — MI up to $20,000 240- 2 03/15/2022 Item 12.A.I. RENO Non -Profit Housing Community Rehab • Non-profit entities headquartered in IRC. • Rehabilitation, repair, and remodeling of multifamily housing facilities that serve disadvantaged populations. • Up to $400,000 available per award • Total $600,000 available for program. CENO Non -Profit Housing Construction Program • Non-profit entities headquartered in IRC. • Construct affordable duplex, townhomes, and apartment units to serve disadvantaged populations. • Up to $60,000 per unit and up to $180,000 per applicant. • Total $400,000 available for program. J 03/15/2022 Item 12.A.1. Recommendation Staff recommends that the Board of County Commissioners consider the proposed SHARP, RENO, and CENO housing programs, and approve the programs and direct staff to begin administration of these programs, or direct staff to make any necessary changes to the program. Backup • SHARP Application • RENO Application • CENO Application • Scoring Matrix 4 )JA MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: March 8, 2022 SUBJECT: Community Development Districts BACKGROUND. Per section 190.003, Florida Statutes, a community development district is defined as a local unit of special-purpose government. The main purpose of a community development district 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 community development district 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 community development district 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. If these assessments are not paid, homeowners can lose their homes through the same process established under Florida statutes for not paying property taxes. Per section 190.005, Florida Statutes, the Indian River County Board of County Commissioners ("Board") has the authority to establish a community development district of less than 2,500 acres in size. Per the statute, in making a determination as to whether to grant or deny the Petition, the Board considers: 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. 247 Board of County Commissioners March 8, 2022 Page 2 6. Whether the area that will be served by the proposed district is amenable to separate special - district government. On December 7, 2021, the Board conducted a public hearing concerning the Petition to Establish Lakeside at Indian River for a proposed community development district for property located on approximately 208.02 acres of land, located south of Oslo Road, east of Interstate 95, west of 27th Avenue SW, north of 25d` Street SW and bisected by 43rd Avenue SW. The applicant withdrew the request prior to the Board taking action on the matter. After the withdrawal, a discussion concerning a policy on community development districts continued among the Board members. At the Board meeting, the idea was presented about an ad-hoc committee of interested developers and community groups establishing parameters for community development districts. And County staff agreed to bring back a presentation in March of 2022. On February 10, 2022, County staff conducted a meeting in the large conference room in Building B concerning community development districts. Approximately 25 people from the development community, including developers, builders, engineers, consultants and attorneys attended. A good discussion ensued that lasted almost two hours. At the meeting, County staff reiterated the position stated at the December 7, 2021 Board hearing, that County staff could support community development districts 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, above and beyond the requirements to development a property, and traditional neighborhood developments). Additionally, County staff stated that they believed that community development districts were more appropriate in larger scale projects, such as 500 or more acres. In the February 10, 2022 meeting, some of those from the development community in attendance argued that community development districts should also be considered for smaller projects and even those without the additional benefit as community development districts can help fund better developments with improved landscaping or better community amenities. Additionally, it was argued that community development districts could help fund the costs of expensive development requirements. County staff is still not supportive of recommending community development districts in such scenarios. County staff does have reservations concerning community development districts. Development in Indian River County is at the highest levels since 2006, which is a cause of concern. County staff has questions as to whether or not it is appropriate to approve a mechanism that will facilitate more development at this time. Indian River County has been able to grow through the years with the conventional tools of growth management. Staff also has concerns that community development districts can incur fixed costs associated with establishing a new unit of government; that new home buyers may be surprised by the community development district assessments on their tax bill; and possible exposure, whether legal or political, to the County to assume developer commitments in the event the developer is unable to complete or maintain the project. Thus, in the event that community development districts are established, County staff would support the mandating additional disclosure requirements, as has been done in other jurisdictions. U., Board of County Commissioners March 8, 2022 Page 3 Now that County staff has conducted a workshop concerning community development districts, County staff is seeking direction from the Board as to whether it would like County staff to 1) conduct one or more additional workshops, 2) begin drafting a policy which would apply to future community development district petitions or 3) cease further activity on the matter. FUNDING. There is no funding associated with this item. RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners provide guidance on how to proceed with respect to Community Development Districts. 249 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: March 8, 2022 SUBJECT: Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program BACKGROUND On July 12, 2016, the Indian River County Board of County Commissioners (the "Board") authorized the Southeast Florida Behavioral Health Network to file a Notice of Intent to Submit an Application to the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Review Committee for a Florida Department of Children and Families Criminal Justice, Mental Health, and Substance Abuse Reinvestment grant (the "Grant"). Indian River County was successful in obtaining the Grant in the amount of $1.2 million over a three-year period. The Grant was used to assist the Indian River County Menta', Health Court program. On January 8, 2019, the Board voted to apply for another Grant to be used to support expanded services for the mental health court program. Indian River County was again successful in obtaining the Grant in the amount of $1.2 million over a three-year period. The Grant has been used to assist the Indian River County Mental Health Court program in expanding services and successfully diverting individuals from the criminal justice system. On February 25, 2022, the Indian River County Public Safety Coordinating Council for Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program voted to support the application for another Grant which will be used to support further expanded services for the mental health court program. The request for application is anticipated to be released in fall with the application being due in January 2023. 250 Board of County Commissioners March 8, 2022 Page Two FUNDING The Application will be for up to $400,000 per year for three years. The Grant requires a local match equal to the amount of the Grant. The match is the portion of project property and services (staff time, fringe benefits, supplies, equipment, travel, rent, etc.) coming from other than State funds. The match may be derived from Indian River County or private sources. Both "cash" contributions and "in-kind" contributions may be utilized to satisfy the match requirement. A cash match is not required and therefore, I do not anticipate any additional funds necessary to be allocated. RECOMMENDATION The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the attached letter designating Southeast Florida Behavioral Health Network to submit a Notice of Intent to file the application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant and authorize the chair to execute the letter. The County Attorney's Office also recommends that the Board authorize Southeast Florida Behavioral Health Network to submit a Notice of Intent to Submit an Application to the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Review Committee for a Florida Department of Children and Families Criminal Justice, Mental Health, and Substance Abuse Reinvestment grant. ATTACHMENT Designation Letter 251 March 15, 2022 Ann Berner Southeast Florida Behavioral Health Network 140 Intracoastal Point Dr Suite211 Jupiter, FL 33477 RE: Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant On February 25, 2022, the Indian River County Public Safety Coordinating Council for Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program voted to support the filing of an application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant. On March 15, 2022, the Indian River County Board of County Commissioners designated Southeast Florida Behavioral Health Network to submit a Notice of Intent to file the application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant. The Board also voted to approve and support the designation of Southeast Florida Behavioral Health Network to be the applicant for Indian River County. Sincerely, Peter D. O'Bryan Chairman Board of County Commissioners Indian River County 252 /,� L MEMORANDUM TO: Board of County Commissioners FROM: Susan Prado, Assistant County Attorney DATE: March 7, 2022 SUBJECT: Amendments to Section 312.11 (Performance Security) of the Indian River Code of Ordinances Pursuant to Section 312.11 (Performance Security) of Chapter 312 (Rights -of -Way) of the Indian River Code of Ordinances (the "Code"), Indian River County requires security to be posted for any work done in the County right-of-way. As Section 312.11 of the Code is currently written, it only provides for the use of cash or a bond as acceptable forms of security. County staff believes that since the practice of using letters of credit is common in other areas where security is required that letters of credit should be added as an acceptable form of security for work in the right-of-way. This would create more consistency with other sections in the Code that require security be posted. FUNDING. The only funding for this item would be the advertising cost of a public hearing for a change to the Indian River County Ordinance Code. RECOMMENDATION. County staff recommends that the Board authorize staff to set a public hearing to consider an ordinance making amending Section 312.11 (Performance Security) of the Indian River County Code of Ordinances. ATTACHMENT. Draft Section 312.11 Amendment Language 253 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 312.11 (PERFORMANCE SECURITY) OF CHAPTER 312 (RIGHTS-OF-WAY) OF THE CODE OF INDIAN RIVER COUNTY, TO MODIFY THE TYPES OF ALLOWABLE PERFORMANCE SECURITY; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Indian River County Board of County Commissioners adopted Chapter 312 of the Code of Ordinances of Indian River County on October 15, 1991, establishing the Indian River County Rights -Of -Way; and WHEREAS, as part of the requirements for work to be completed in the County Rights -Of -Way, performance security is needed; and WHEREAS, Chapter Section 312.11 allows for cash or security bond to be used as security for work in the County's rights-of-way; and WHEREAS, including Letters of Credit as a secondary form of security would be beneficial, as it is a much easier form of security for the County to handle should the need arise, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 312.11 (Performance Security) of Chapter 312 Rights -Of -Way) of the Code of Indian River County, Florida. New language indicated by underline, and deleted language indicated by strikethrough. Section 312.11 (Performance Security) of Chapter 312 (Rights -Of -Way) of the Code of Indian River County, Florida is hereby amended to read as follows: 254 CHAPTER 312. — RIGHTS-OF-WAY Section. 312.11. — Performance Security. (A) Security bond shall be posted to secure completion of all construction or installation commenced, pursuant to a permit under this chapter, except for construction of driveways not requiring a roadway modification, for utility placement by utility companies having a valid franchise to operate in Indian River County, for drainage structures serving single family residences located in ditches parallel to the roadway, and pedestrian bike path facilities. Security bond shall be posted in the amount of one hundred fifteen (115) percent of the estimated costs of the proposed improvements in the right-of-way. The estimate shall be prepared by an engineer registered in the State of Florida to practice professional engineering. Upon completion and approval by the public works director of all required improvements, ninety (90) percent of the posted security will be released by the public works director. A ten (10) percent warranty security will be held for an additional twelve (12) months, following which time, if all improvements are free of defects due to faulty field engineering, workmanship, or materials, this ten (10) percent security will be released by the public works director. (B) In lieu of the above security, the permittee may provide a letter of credit, in a form deemed legally sufficient by the county attorney's office, or cash posted in an escrow account in the amount of one hundred fifteen (115) percent of the estimated cost of the improvements in the right-of-way. Partial release may be authorized (up to ninety (90) percent of the posted security) as work is approved. The remaining ten (10) percent will be held for an additional twelve (12) months, following such time, if all improvements are free of defects due to faulty field engineering, workmanship or materials, this ten (10) percent of the security will be released by the county public works director. Section 3. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 255 Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the day of March, 2022, for a public hearing to be held on the day of 2022, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice -Chairman Joseph Earman Commissioner Joseph E. Flescher Commissioner Susan Adams Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this day of March, 2022. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 2022. 256 Of l"2 of Attorney's Matters 3/15/2022 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners FROM: Susan Prado, Assistant County Attorney DATE: March 9, 2022 SUBJECT: Authorization to proceed with foreclosure on Code enforcement case: 2018020108 (Yates) Pursuant to Florida Statute Section 162.09, the Code Enforcement Board must give the recommendation to start the foreclosure process. This recommendation was given at the last Code Enforcement Board hearing on February 28, 2022. Staff is now seeking this Board's final approval to move forward with filing foreclosure proceedings on the below listed properties and with working with outside counsel, Dill, Evans and Rhodeback. Case Number 2018020108 (Yates): This code enforcement action started in 2018 with a complaint regarding a septic system in disrepair as well as unsecured vacant structures. There was an evidentiary hearing on March 26, 2018 at which time the respondents (Estate of Dallas and Jane Yates C/O Dallasteen Yates) were found in violation of the Indian River County Code of Ordinances (the " IRC Code"). The respondents were given a time frame to correct. At a compliance hearing held on April 23, 2018, the Code Enforcement Board determined that the respondents did not bring the property into compliance and issued an order for a fine in the amount of $100.00 per day. The order is recorded at O.R. Book 3117 and Page 2458. The property was never brought into compliance and in fact one of the unsecured structures had a fire and has been left in the half burned down state. On March 8, 2022, the Indian River County Board of County Commissioners deferred taking action on the matter, and requested County staff provide an update on the status of the Code Enforcement matters at the March 15, 2022 meeting. 257 Funding: Staff estimates outside cour.sel, filing fees, and costs for the foreclosures detailed above could cost approximately $7,000. Funding for these services will be made available from a subsequent budget amendment funded by MSTU Fund Reserves. This funding will be offset by any revenues received through the foreclosure process, after previous costs to clean-up the property are recovered. Recommendation: Staff recommends the Board authorize staff to move forward with outside counsel in the filing of foreclosure on the above named code enforcement case. Attachments: Order finding violation and lien for case number 2018020108 258 Code Enforcement Board of Indian River County ORDER FINDING VIOLATION IN THE MATTER OF: Case No. 2018020108 YATES, DALLAS & JANE [ESTATE] C/O YATES, DALLASTEEN J. 3810 45TH ST VERO BEACH, FL 32967 , Respondents RE: VIOLATION OF SECTIONS) 973.03 (2), 973.03(1),.973.03, 917.06(12), 403.06(6), 403.12 and 403.13 of the Code of Laws and Ordinances of Indian River County, Florida. DESCRIPTION OF SITE OF VIOLATION: Location: 8835-8889 64TH AV SEBASTIAN Tax Parcel ID No.: 31-39-29-00000-5000-00047.0 Zoning: RM -6 Legal Description: BEG AT NE COR OF NWl/4 OF SWIA; RUN W 165 FT; S 528.8 FT; E 165 FT; N 528.4 FT TO POB; LESS E 25 FT FOR RF R/W PER OR BK 413 PP 777 THE CODE ENFORCEMENT BOARD HAS HEARD TESTIMONYAND EXAMINED EVIDENCE AT A HEARING HELD MARCH 26, 2018, AND BASED ON THE EVIDENCE, THE CODE ENFORCEMENT BOARD HAS ADJUDGED AS FOLLOWS: FINDINGS OF FACT AND CONCLUSION OF LAW 1) Respondent is the legal owner and/or occupant of the subject property, and was duly notified of the hearing, in accordance with Chapter 162, Florida Statutes. The following Respondents or respondent representatives were present at the March 26, 2018 Code Enforcement Board meeting: Respondents had been properly served notice, but did not attend the hearing 2) The subject property is zoned RM -6 District. The following violations exist on the subject property: - JUNK, TRASH, AND/OR DEBRIS VIOLATION [Entire property] - OVERGROWN WEEDS VIOLATION [In excess of 12"] - HEALTH AND SAFETY HAZARD/PUBLIC NUISANCE [Open and overflowing septic tanks] - FENCE(S) OR WALL(S) VIOLATION [Repair or remove] - UNSECURED VACANT STRUCTURE [Broken windows] - SWIMMING POOL MAINTENANCE VIOLATION [Pool is green] - STRUCTURE(S) EXTERIOR MAINTENANCE VIOLATION [All structures need immediate repair] 3) The above described is a violation of the following Section(s) of the Code of Laws and Ordinances of Indian River County: Code Chapter/ Section - CHP 973 (JTD) / 973.03(2) - CHP 973 / 973.03(1) - CHP 973 / 973.03 - CHP 917 / 917.06(12) - CHP 403 / 403.06(6) - CHP 403 / 403.12 - CHP 403 / 403.13 259 ORDER (Case No. 2018020108) 1. IT IS THE ORDER OF THIS BOARD that the Respondent(s) shall comply with the herein cited sections of the Code of Laws and Ordinances of Indian River County, Florida, on or before APRIL 20, 2018 and MAY 18, 2018 (hereinafter compliance dates), by taking the following actions: BYAPRIL 20, 2018, cover/secure open septic systems and obtain permits from the Environmental Health Department for repair and approval of all septic systems on the property. Remove the unmaintained above ground pool, and secure all vacant structures on the property; and BY MAY 18, 2018, remove the accumulation of trash and debris from the subject property and dispose of it at an approved disposal facility; mow the overgrown weeds and maintain said vegetation thereafter at a height not exceeding 12 inches, repair or remove all dilapidated fences; and obtain building permits and repair all exterior walls, roofs, doors, and windows of structures on the property. AU windows must have screens. Respondent(s) shall not use, or permit the use of, said property in violation of the cited code sections at any time thereafter. If the violation continues beyond or recurs after the specified compliance date, a fine of $100 per day for each day of noncompliance shall be imposed. 2. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE INSPECTOR at 1801 27th Street, Vero Beach, Florida 32960, Telephone (772) 226-1249, who shall inspect the property and advise the Code Enforcement Board as to the correction of the violation. 3. IF RESPONDENT HAS NOT ABATED OR CORRECTED THE VIOLATION on or before the compliance date, THIS BOARD SHALL RECONVENE in the Commission Chambers of County Administration Building A, 1801 27th Street, Vero Beach, Florida at 1:30 p.m. on Monday, APRIL 23, 2018, to hear further evidence on the issue of compliance and to impose the specified fine amount per day for each day the violation continues beyond the compliance date. RESPONDENT IS HEREBY FURTHER NOTIFIED TO REAPPEAR before this Board for such compliance hearing, at the aforestated time and place, UNLESS THIS MATTER HAS BEEN SATISFACTORILY RESOLVED AND THE CODE INSPECTOR HAS BEEN DULY NOTIFIED and has acknowledged correction of the violation. 4. REPEAT VIOLATIONS: A repeat violation of the same Code provision by the violator, even if committed at a different location, can result in the issuance of a notice of violation, without an opportunity to correct, and a hearing before the Code Enforcement Board resulting in imposition of fines of up to $500.00 for each day the repeat violation continues, beginning with the day the repeat violation is found by the Board to have occurred Rf. F.S. 162.04(5); 162.06(3); 162.09(1) and (2)(a). 5. BE ADVISED THAT in accordance with County Code Section 973.04, if the Code Enforcement Board determines at the compliance hearing that the violation(s) constitute a public nuisance posing a serious threat to public health, safety and welfare or if the violation is irreparable or irreversible in nature, then the Board shall advise the County, no sooner than 30 days after the compliance hearing, to enter onto the property and abate the nuisance, with costs of the abatement to be recorded as a lien against the property. TAKE NOTE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST YOU CONSTITUTESA LIENAGAI.NST THE REAL PROPERTY ON WHICH THE VIOLATION EXISTS AND UPON ANY OTHER REAL OR PERSONAL PROPERTY WHICH YOU OWN. YOUR CONTINUED NONCOMPLIANCE MAYRESULT IN FORECLOSURE, JUDICIAL SALE AND LOSS OF YOUR PROPERTY. THEREFORE, IFFOR ANYREASON YOUARE UNABLE TO COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR IMMEDIATELY: DONE AND ORDERED MARCH 26, 2018, in open session at the County Commission Chambers of County Administration Building A, 1801 27th Street, Vero Beach, Florida. EXECUTED by the Chairman of the Indian River County Code Enforcement Board, and attested and countersigned by the Recording S eta? of such and this day of ` 1 , 2018. ATTEST / Carlson Fran M. Clements II , Chairman Recording Secretary Indian River County Code Enforcement Board Copy furnished to: Respondent Code Officer THOMAS ALLRED REVIEWED AS TO LEGAL FORM: ,��d 7.1 Irdie E. Collins Board Advising Attomey 260 3/1/22, 2:22 PM Landmark Web Official Records Search 3120180030867 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3117 PG: 2458, 5/18/2018 4:11 PM 4r CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: YATES, DALLAS & JANE [ESTATE] C/O YATES, DALLASTEEN J. 3810 45TH ST VERO BEACH, FL 32967 , Respondents CEB Case No. 2018020108 ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on March 26, 2018, after due notice to the Respondents, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondents to take corrective action by a certain time, as more specifically set forth in that order. On April 23, 2018, this Board conducted a compliance hearing to determine whether the Board's order of March 26, 2018, had been complied with. Respondents were provided proper notice of the compliance hearing, and Dallasteen Yates was present at the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist open septic systems in disrepair and unsecured vacant structures in the RM -6 Zoning District, which constitutes the use of the property in violation of Sections and 973.03 and 403.06(6) of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of April 20, 2018, and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 64TH AV SEBASTIAN COMMON AREA 8835-8889 Tax Parcel ID No. 31-39-29-00000-5000-00047.0 Legal Description: BEG AT NE COR OF NWl/4 OF SWI/4; RUN W 165 FT; S 528.8 FT; E 165 FT; N 528.4 FT TO POB; LESS E 25 FT FOR RF R/W PER OR BK 413 PP 777 beginning April 21, 2018. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LEEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. DONE AND ORDERED April 23, 2018, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nunc pro tunc. �' • COUNTYATTORNE rS OFI'ICE INDIAN RIVER COUNTY 180127th Street Vero 9*Kh, FloNda 92950 261 https://ori.indian-river.org/search/index?theme=.blue&section=searchCdteriaName&quickSearchSelection=# 1/2 3/1/22, 2:22 PM BK: 3117 PG: 2459 y Landmark Web Official Records Search EXECUTED by the Chairman of the Indian River County Code Enforcemen ard, and attested and countersigned by the Recording Secretary of such Board this 1,0 day of 2018. CODE ENFORCEMENT BOARD OF INDIAN RIVER COUNTY, FLORIDA ATTE sa Carlson Recording Secretary By:--;f- ,I&M Frank M. Clements I Ch Indian River County Code CERTIFICATE OF SERVICE' j•• I HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provided to the abo e- niAingd . pondent(s) by first class U.S. Mail addressed to the above-specified addresses this �l7 day of 12018. �V isa arlson, Recording Secretary D AS TO LEGAL FORM: REV Jbnfiir D. Peshkqj Boar Advising A orney CEB Case No. 2018020108 Code Officer: THOMAS ALLRED STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS LSA TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. SECRETARY CODE ENFORCEMENT BOARD BY: DATE: — t0_ 262 https://ori.ind;an-river.org/search/index?theme=.blue&section=searchCriteriaNarne&quickSearchSelection=# 2/2 PROPERTIES OWNFD t_JNDFl<- ` :itps, nallis & hnp 3810 45" Street & 4515 38' Avenue 4205 & 4215 32na Avenue CODE ENFO RCEMENT-HISTOi ' (, 993 to pre=:e-it) Appro.Kimately I) od2 Enforcement cases i-itiated on the p -operty (Cale Enforcement Case 2018020108) March 26, 2C18 Code Enforceme�-t Board (CEB) enters an'Drfder Finding Violation' for the following vio'.ations: • Junk / Tras^ / Debris Vio.ation • Health and _=a ety Hazard / Public NLusance Violation (open septic system) • Unsecured + a ant Structures Violation • Structure Maintenance Violation • Swimming fool t✓lain_ewnce Violation • Over;rowr. Weeds Violat_on • Fence / Wa ' Vio'atian CE= enters an'Order Imposing Fine' for a $100 per -day fine beginning on 4/21/18 _•r faLure to correct the cirec violations CE E enters Order 'determining Public Nuisance Warranting w ENVIRONMENTAL CONTROL HEARING BOARD HISTORY October 1, 2-018 - teriporary in .incvion issued by circa .t cDurt to allow county to clean up property and ien for costs. - Notice of Lien filled for the cost to clea:a up the properties located at 64111 Avenge in the anjountof$10,SS4.63. - Ervir-onmental Control Rearing 3card Drder entered finding violation and ordering a $200 per day finE to start on February 22, 2021 should the violation nat he remedied. ` 0tal as of March 8, 2,322 is S75,2100 +;381 tiays) rf x y� �y,�yyv r'r'Iutus :dKtfI H IJey, Nide "I 11, 2u-..: der CEB Order of �/i8-ao18: obtain ba-Ading permits and repair all exterior v -tills, roofs, doors, and windows of all ` s_ruetures on the property, Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: March 4, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Jill Brown, Recycling Specialist, SWDD Subject: Residential Paper Shredding Event on April 9, 2022 Descriptions and Conditions: The Solid Waste Disposal District (SWDD) and Waste Management, Inc. of Florida (WM) will be partnering with Southeast Secure Shredding (SSS) to host the Spring Residential Paper Shredding Event on Saturday, April 9, 2022. All residents of Indian River County are invited to bring up to three boxes/bags of paper (up to 35 lbs. each) to be shredded and recycled. There is no charge to the public, but participation is limited to one drop-off per vehicle per household. The event will be held from 8 am to 1 pm at SSS located at 3910 U.S. Highway 1 in Vero Beach. Analysis: SSS is charging $7 per vehicle. However, there is no anticipated event cost to SWDD, as WM will be covering the cost per the attached Contract Memorandum of Understanding (MOU) to be signed by the CoL,nty Administrator and Kasey C. Godwin, District Manager for WM. SWDD is responsible for the advertising for these types of events, and per the MOU, is responsible for any additional costs over the annual $16,000 allocation by WM. Our last event on October 16, 2021, resulted in 473 cars and a diversion of 9,600 pounds (4.8 tons) of paper. Funding: The funding for the Spring Residential Paper Shredding Event is available in the SWDD/Customer Convenience & Recycling/Advertising/Except Legal, account number 41125534-034810, which is funded from SWDD assessments and user fees. Account Name Account Number Amount SWDD/Customer Convenience & Recyding/Advertising/Except Legal 41125534-034810 $7,800 263 Recommendation: Solid Waste Disposal District staff recommends that the Board approve the Spring Residential Paper Shredding Event to be held on April 9, 2022 , and authorize the County Administrator to sign the Contract Memorandum of Understanding with Waste Management, Inc., of Florida. Attachment: 1. Paper Shredding Event Flyer 2. Contract Memorandum of Understanding with Waste Management, Inc. of Florida 264 Brought to you by IRC Solid Waste Disposal District Residential Paper FREE Shredding Event Shredded paper cannot be recycled curbside and should never be placed in your blue recycling cart. Saturday, April 9, 2022 8am to 1 pm'; A Southeast Secure Shredding 3910 US 1 • Vero Beach Your documents will be securely shredded by certified professionals at NO Charge! • Maximum 3 boxes/bags per vehicle, one time through only (weighing up to 35 lbs each). That's a $40 value! • Limited to the first 800 cars. • Staples and paperclips are acceptable, but please remove all binders and hanging folders. • Pre -shredded paper is acceptable (up to 3 bags). • IRC RESIDENTS ONLY. No businesses please. s Y vyFr outheast Secure Shredding 39th St 38th Ln 39th PI 38th $t 37;h P, t c. 37en S, N 1 5 c 361h St Rnrev :w 1outheast ecure hredding W SE Mt From This: Ir To This: 'Nv Recycled into This! t a t 'Nv Recycled into This! March 1, 2022 Kasey Godwin, District Manager Waste Management of Florida 431077 1h Street Vero Beach, Florida, 32966 Re: Contract Memorandum of Understanding Supplemental to Franchise Agreement for Public Events Dear Mr. Godwin: For 2022, the parties to the Franchise Agreement will allow for the following in lieu of the requirements set forth in the second paragraph of Article 9. Community Cleanups of the Franchise Agreement: Franchisee shall assist SWDD with multiple Paper Shredding Events within the Franchise Area. a) The Paper Shredding event(s) shall be held at a location to be determined from 8:00 a.m. to 1:00 p.m. at dates to be coordinated with SWDD staff. Waste Management shall allocate a not to exceed cost of $16,000 per year for this effort. SWDD shall handle the advertising for the events and s)all pay any additional cost beyond this allocation. Ind'an River County's in -field point of contact forthis project is Ms. Sue Flak. Ms. Flak can be contacted at (772) 226-3206 and sflak@ircgov.com. Sincerely, Jason E. Brown County Administrator Waste Management, Inc. of Florida Agreed by Kasey C. Godwin, District Manager Date 266 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: March 4, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Authorization to Florida Power & Light to Convert Overhead Lines to Underground Lines on the Landfill Property Descriptions and Conditions: The Indian River County (IRC) Solid Waste Disposal District (SWDD) staff has been coordinating with Florida Power & Light (FPL) to convert some overhead electrical lines to underground electrical lines at the IRC Landfill. Specifically, this conversion is needed to facilitate the future Household Hazardous Waste (HHW) and Recycling Transfer (RT) facilities. FPL requires a pre -payment and approval of the attached Underground Distribution Facilities Installation Agreement, Notification of FPL Facilities, and the recording of a non-exclusive easement and exhibits. This agenda item requests Board authorization to FPL to convert overhead lines to underground lines on the landfill property. Analysis: The attached proposal from FPL is to convert app,oximately 459 feet of overhead line to approximately 440 feet of underground line at a cost of $12,163.95. FPL is also requesting the funds to be paid prior to performing the work. DESCRIPTION AMOUNT Contribution in Aid of Construction to cover the di= erential cost between an underground and an overhead system $ 4,551.05 A credit to SWDD for trenching, backfilling, installation of FPL provided conduit and other work -$ 2,222.00 Removal of Overhead and installation of Underground Electric $ 9,834.90 Total = $12,163.95 267 In addition to the above costs, staff has issued Purchase Order #92841 to Complete Electric, Inc., for the work associated with installing the conduit for FPL at a cost of $12,190. The total cost for the conversion from overhead electric to underground electric is $24,353.95. Funding: Funding in the amount of $4,865.58 for the SWDD Household Hazardous Waste project is budgeted and available in the SWDD/WIP/ Household Hazardous Waste/Styrofoam Building Account, number 411- 169000-20029, which is funded from SWDD assessments and user fees. The SWDD Recycling Transfer Facility project in the amount of $7,298.37 is budgeted and available in the SWDD/WIP/MRF Building and Recycling Education Center Account, number 411-169000-20030, which is also funded from SWDD assessments and user fees. Description Account Number Amount SWDD/WIP/HOUSE HAZ WASTE/STYROFM BLDG 411-169000-20029 $ 4,865.58 SWDD/WIP/MRF BUILD & RECYCLE EDUCTN CTR 411-169000-20030 $ 7,298.37 Total = $12,163.95 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Authorize the pre -payment of $12,163.95 to Florida Power & Light to convert approximately 459 feet of overhead lines to approximately 440 feet of underground lines at the Indian River County Landfill. b) Approve the Underground Distribution Facilities Installation Agreement with Florida Power & Light and grant the non-exclusive Easement in accordance with the easement drawings. c) Authorize the Chairman to execute the same, as presented. d) Authorize the County Attorney's Office to record the executed non-exclusive Easement. e) Authorize the County Administrator or his designee to sign the Notification of FPL Facilities. Attachment (s): FPL Invoice FPL Underground Distribution Facilities Installation Agreement FPL non-exclusive Easement and Exhibits FPL Notification of FPL Facilities 268 PAYMENT COUPON /4115006400406800091439180027257230001216395 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT 1325 74TH AVE SW. VERO BEACH FL 32968 Your payment may be eligible to be paid online. Visit www.fpl.com/construction to learn more. You can also mail a check payable to FPL in USD to the FPL address listed below right. Please mail the top portion of the coupon with your check. Florida Power & Light Company Federal Tax Id.#: 59-0247775 Customer Name and Address Cust. No.:6800091439 Bill No.1800272572 Payment Due Upon Amount Due Receipt This Bill $4,551.05 $ 12,163.95 Reference# D00010859847 FPL General Mail Facility Miami FL 33188-0001 Please retain this portion for your records. INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT 1325 74TH AVE SW. VERO BEACH FL 32968 CURRENT CHARGES AND CREDITS Customer No: 6800091439 Bill No: 1800272572 Customer Number: Reference Number: Bill Number: Bill Date: 6800091439 D00010859847 1800272572 03/03/2022 Description Amount RMV/RELO- FPL FAC/1325 74TH AVE SW 12,163.95 Reference# D00010859847 $4,551.05 For Inquiries Contact: Total Amount Due $12,163.95 Ally Riley 772-203-8336 Payment Due Upon Receipt DESCRIPTION AMOUNT Contribution in Aid of Construction to cover the differential cost between an underground and an overhead system $4,551.05 A credit to SWDD for trenching, backfilling, installation of FPL provided conduit and -$2,222.00 other work Removal of Overhead and Installation of Underground Electric $9,834.90 TOTAL (Lump Sum) _ $12,163.95 1800272572 1 of 1 269 UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT This Agreement, made this 15 day of March, 2022 by and between InGian River County Solid Waste Disposal District (hereinafter called the Customer) and Florida Power & Light Company, a corporation organized and existing under the laws of the State of Florida (hereinafter called FPL). WITNESSETH: Whereas, the Customer has applied to FPL for underground distribution facilities to be installed on Customers property known as 1325 74!L Ave SW located in Vero Beach/IRC, Florida. (City/County) That for and in consideration of the covenants and agreements herein se-, forth, the parties hereto covenant and agree as follows: 1. The Customer shall pay FPL a Contribution in Aid of Construct,on of $4,551.05 (the total Contribution) to cover the differential cost between an underground and an overhead system This is based on the currently effective tariff filed with the Florida Public Service Commission by FPL and is more particularly described on Exhibit A attached hereto. 2. That a credit of $2,222.00 shall be provided to the Customer for trenching, backfilling, installation of Company provided conduit and other work, as shown on Exhibit B, if applicable, and approved by FPL. If such credit applies, the resulting Contribution cash payment shall be $2.329.05. 3. The contribution and credit are subject to adjustment when FPL's tariff is revised by the Florida Public Service Commission and the Customer has reques-ed FPL to delay FPL's scheduled date of installation. Any additional costs caused by a Customer's change in the Customer's plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution does not include the cost of conversion of any existing overhead lines to underground or the relocation of any ersting overhead or underground facilities to serve the property identified above. 4. That the Contribution provides for 277/480 volt, 3 phase (120!240 volt, single phase for URD Subdivisions) underground electrical service with facilities located on private property in easements as required by =PL. The Contribution is based on employment of rapid production techniques and cooperation to eliminate conflicts with other utilities. Underground service, secondary, and primary conductors are to be of standard FPL design, in conduit, and with above -grade appurtenances. 5. That the payment of the Contribution does not waive any provisions of FPL's Electric Tariff. If the property is subject to an underground ordinance, FPL shall notify the appropriate governmental agency that satisfactory arrangements have been Trade with the Customer as specified by FPL. Title to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL. 6. That good and sufficient easements, including legal descriptions and survey work to produce such easements, and mortgage subordinations requirec by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained, and recorded, at no cost to FPL, prior tc trenching, installation and/or construction of FPL facilities. FPL may require mortgage subordinations when the Customer's property, on which FPL will install its facilities, is mortgaged and (1) there are no provisions in the mortgage that the lien of the mortgage will be subordinate to utility easements, (2) FPL's easement has not been recorded prior to the recordation of the mortgage, (3) FPL's facilities are or will be used to serve other parcels of property, or (4) other circumstances exist which FPL determines would make such a subordination necessary. a) The Customer shall furnish FPL a copy of the deed or other suitable document which contains a full legal description and exact name of the legal owner to be used when an easement is prepared, as required by FPL. b) The Customer shall furnish drawings, satisfactory to FPL, showing the location of existing and proposed structures on the Customer's construction site, as required by FPL. c) Should for any reason, except for the sole error of FPL, FPL's facilities not be constructed within the easement, FPL may require the Customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities, and FPL will release the existing easement. Mortgage subordinations will be necessary in this context when 1) the Customer's property on which FPL will install its facilities is mortgaged, 2) there are no provisions in the mortgage for subordination of the lien of the mortgage to utility easements, or 3) FPL's facilities are or will be used to serve other parcels of property. 7. Before FPL can begin its engineering work on the underground electric distribution facilities, the Customer shall provide FPL with the following a) Paving, grading, and drainage plans showing all surface and sub -surface drainage satisfactory to FPL, b) A construction schedule, c) An estimate of when electric service will be required, and d) Copies of the Customer's final construction plans as well as other construction drawings (plot, site, sewage, electrical, etc.) requested by FPL. Plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and certified as meeting the requirements for recording (except approval by the governing body) by a registered land surveyor. 8. Prior to FPL construction pursuant to this agreement, the Customer shall: a) Clear the FPL easement on the Customer's property of tree stumps, all trees, and other obstructions that conflict with construction, including the drainage of all flooded areas. The Customer shall be responsible for clearing, compacting, boulder and large rock removal, stump removal, paving and addressing other special conditions. The easement shall be graded to within six inches of final grade with soil stabilized. b) Provide property line and corner stakes, designatec by a licensed surveyor, to establish a reference for locating the underground cable trench route in the easement and additional reference points when required by FPL. Also, the Customer shall provide stakes identifying the location, depth, size and type facility of all non -FPL underground facilities within or near the easement where FPL distribution facilities will be installed. The Customer shall maintain these stakes, and if any of these stakes are lost, destroyed or moved and FPL requires their use, the Customer shall replace the stakes at no cost to FPL, unless the stakes are lost, destroyed or moved by an agent, employee, contractor or subcontractor of FPL, in which case FPL will pay the Customer the ccst of replacing the stakes. 270 1 OF 2 c) It is further understood and agreed that subsequent relocation or repair of the FPL system, once installed, will be paid by the Customer if said relocation or repair is a result of a change in the grading by the Customer or any of the Customer's contractors or subcontractors from the time the underground facilities were installed; and, that subsequert repair to FPL's system, once installed, will be paid by the Customer if said repair is a result of damage caused by the Customer or any of the Customer's contractors or subcontractors. d) Provide sufficient and timely advance notice (30 days) as required by FPL, for FPL to install its underground distribution facilities prior to the installation of paving, landscaping, sodding, sprinkler systems, or other surface obstructions. In the absence of sufficient coordination, as determined by FPL, by the Customer, all additional costs for trenching and backfilling shall be paid by the Customer, and none of the costs of restoring paving, landscaping, grass, sprinkler systems and all other surface obstructions to their original condition, should they be installed prior to FPL's facilities, shall be borne by FPL. e) Pay for all additional costs incurred by FPL which may include, but are not limited to, engineering design, administration and relocation expenses, due to changes made subsequent to this agreement on the subdivision or development layout or grade. f) Provide applicable trenching, backfilling, installation of Company provided conduit and other work in accordance with FPL specifications more particularly described on Exhibit B attached hereto. At the discretion of FPL, either correct any discrepancies, within two (2) working days, found in the installation that are inconsistent with the instructions and specifications attached to this agreement or pay the associated cost to correct the installation within thirty (30) days of receiving the associated bill, and in either case, reimburse FPL for costs associated with lost crew time due to such discrepancies. 9. FPL shall: a) Provide the Customer with a plan showing the location of all FPL underground facilities, point of delivery, and transformer locations and specifications required by FPL and to be adhered to by the Customer. b) Install, own, and maintain the electric distribution facilities up to the designated point of delivery except when otherwise noted. c) Request the Customer to participate in a pre -construction conference with the Customer's contractors, the FPL representatives and other utilities within six (6) weeks of the start of construction. At the pre -construction conference, FPL shall provide the Customer with an estimate of the date when service may be provided. 10. This Agreement is subject to FPL's Electric Tariff, including but not limited to the General Rules and Regulations for Electric Service and the Rules of the Florida Public Service Commission, as they are now written, or as they may be revised, amended or supplemented. 11. This agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Customer and FPL. The Customer and FPL will coordinate closely in fulfilling obligations in order to avoid delays in providing permanent electric service at the time of the Customer's receipt of a certificate of occupancy. Accepted: Accepted: For FPL (Date) Customer (Date) 2OF2 Witness (Date) Witness (Date) 271 Work Request No. Sec._, Twp _ S, Rge _ E Parcel I.D. (Maintained by County Appraiser) EASEMENT (BUSINESS) This Instrument Prepared By Name: Co. Name: Address: The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fulest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 20_. Signed, sealed and delivered in the presence of: Entity name (Witness' ignature) By: Print Name: (Witness Print Name: Print Address: (Witness' igna ure Print Name: (Witness) STATE OF, before me this AND COUNTY OF day of 20_, by of personally known to me or has produced (Type of Identif cation) My Commission Expires: a The foregoing instrument was acknowledged . the who is as identification, and who did (did not) take an oath. Notary Public, Signature Print Name 272 Sketch and Legal Description for: INDIAN RIVER COUNTY Legal Description BEING A STRIP OF LAND LYING IN TRACT 9, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY (NOW INDIAN RIVER) COUNTY, FLORIDA. SAID STRIP ALSO LYING AND BEING IN SECTION 25 TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID STRIP BEING 10.00 FEET IN WIDTH AND LYING 5.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 25; THENCE SOUTH 00°15'03" WEST, ALONG THE WEST LINE OF SAID SOUTHEAST ONE QUARTER, A DISTANCE OF 435.10 FEET; THENCE DEPARTING SAID WEST LINE, NORTH 89°44'57" WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, A DfSTANCE OF 130.00 FEET TO THE WEST RIGHT OF WAY LINE OF 74th AVENUE, AS RECORDED IN OFFICIAL RECORD BOOK 1310, PAGE 1368, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, CONTINUE NORTH 89°44'57" WEST, A DISTANCE OF 289.94 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE: THENCE CONTINUE ALONG SAID CENTERLINE; NORTH 85°54'16" WEST, A DISTANCE OF 102.24 FEET; THENCE NORTH 06°25'37" EAST, A DISTANCE OF 209.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.00 FEET; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 102"53'32", A DISTANCE OF 62.86 FEET; THENCE SOUTH 83'31'45" WEST, A DISTANCE OF 82.10 FEET; THENCE NORTH 88°12'36" WEST, A DISTANCE OF 120.99 FEET; THENCE SOUTH 01°47'24" WEST, A DISTANCE OF 28.77 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. THE SIDELINES OF SAID STRIP SHALL BE SHORTENED OR LENGTHENED TO INTERSECT AT ANGLE POINTS. Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A RIGHT OF WAY EXHIBIT FOR 74th AVENUE PREPARED BY INDIAN RIVER COUNTY, SURVEY SECTION, PROJECT NO. 1417, DATED AUGUST 22, 2018. TOGETHER WITH A TOPOGRAPHIC ROUTE SURVEY FOR 74th AVENUE, PREPARED BY CARTER ASSOCIATES, INC., INDIAN RIVER COUNTY PROJECT NO. 1417, DATED JUNE 2015. 2). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 3 SHEETS, WITH SHEETS 2 AND 3 SHOWING THE SKETCH OF DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3). THE BEARINGS SHOWN HEREON ARE BASED UPON T-iE NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT, AND PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE. DERIVING A GRID BEARING OF SOUTH 00°15'03" WEST ALONG THE WEST LINE OF THE SOUTHEAST 1/4 SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST. AND ALL OTHERS ARE RELATIVE THERETO. Legend and Abbreviations C.B. = CHORD BEARING I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK P.C. = POINT OF CURVATURE PGE =PAGE PBS = PLAT BOOK ST. LUCIE P.T. = POINT OF TANGENCY A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RADIUS RIW = RIGHT-OF-WAY T = TOWNSHIP Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. DATE OF SIGNATURE This is not a Boundary Survey AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. /ENGINEERING DIV. DATE: 1DRAWN BY: 2/23/2022 ( R. INGLETT SCALE: 1APPROVED BY: D. SCHRYVER SHEET: OB NO: 1 OF 3 2022-003 DAVID M. SILON PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 6139 Sketch and Legal Description for: INDIAN RIVER COUNTY 273 Sketch and Legal Description for: INDIAN RIVER COUNTY RIGHT OF WAY LINE RI60, GH' co 0 0 I.R.F.W.C.D. 13th Street SA Sub—Lateral "B-8" Canal R F83*31 RIGHT OF WAY LINE Q) 10' A=-102'53'52" X R=35.00' L=62.86' cap Point of Commemcement NORTHEAST CORNER OF THE 'Q SOUTHEAST 1/4 SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST 30' 50' 50' M U N C J �a r Z I m U I' 50' ADDITIONAL I I 0 (n 0 RIGHT OF WAY PER CENTERLINE 10O.R.B. 1310, PG. 1368 I C =Io Cli WIDE EASEMENT I 0 �I CA Solid Waste Disposal District m V� C0 33-38-25-00001-0090-00001.0 21 m 41 Qj INDIAV RIVER COUNTY 1325 74th AVENUE 0 _ 3• n L N -iN 0 r Z D 0 �, 0 m<Z Indian River Farms > _T > D Company Subdivision L cD o C7 M (P.E.S. 2, PG.25)m � 'D Rlnt to Cr-nIn N TRACT 9 0 0= r 11. Section 25 '' =3 �u � z Township 33 South ZE o w Range 38 East ZI I =• o i ml I 0 C4 to D i a 0) o Ir P54'5' 3 z 10' L 3 rn M D Point of Beginning 10' WIDE EASEMENT i LLIN85'54'16"W — 102.24_/ N89;44'S7"W - _ N89'44'57"W - 289.94' 130.00' This is no( a B undan Surveti AGENCY: INDIAN RIVER COUNTY, FL PUBUC WORKS DEPT./ENGINEERING DIV. DATE: DRAWN BY: 2/23/2022 R. INGLETT SCALE: APPROVED BY: N/A D. SCHRYVER SHEET: JOB NO: 2022-003 2 OF 3 Sketch and Legal Description for: INDIAN RIVER COUNTY 274 Sketch and Legal Description for: INDIAN RIVER COUNTY RIGHT OF WAY LINE 13th Street S. W, NORTH LINE SOUTHEAST 1/4 SECTION 25 I.R.F.W.C.D. Sub—Lateral "B-8" Canal SOUTH RIGHT OF WAY LINE Solid Waste Disposal District 33-38-25-00001-0090-00001.0 INDIAN RIVER COUNTY 1325 74th AVENUE l tl Indian River Farms I Company Subdivision (P.B.S. 2, PG.25) Not to Scale TRACT 9 !v Section 25 Township 33 South r Range 38 East CDD CENTERLINE 10' m 10' WIDE EASEMENT �-- (D 3 _ — "�1-82.10_.1•. U) N88.1 V36"W-120.99' = •31 45 _—CD 04 r� LO t\ ^ N � oQ � O • N -r O\,,, W l/7 Point of Termination 10' WIDE EASEMENT AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENGINEERING DIV. DATE: DRAWN BY: 2/23/2022 R. INGLETT SCALE: APPROVED BY: N/A D. SCHRYVER SHEET: OB NO: 3 OF 3[1 2022-003 This is not a Boundary Surve Sketch and Legal Description for: INDIAN RIVER COUNTY 275 0 FPL, NOTIFICATION OF FPL FACILITIES Customer/Agency Indian River County Landfill Date of Meeting/Contact: 1/10/2022 Developer/Contractor Name IRC Solid Waste District and Complete Electric Project Number/Name: HHW Building, OH/UG Relocation Location of Project 1325 74th Ave SW City: Vero Beach FPL Representative Ally Riley Phone: 772-203-8336 Developer/Contractor Representative Himanshu Mehta and Ron Jones FPL Work Request #/Work Order #: 10859848/11079847/10859847 FPL calls your attention to the fact that there may be energized, high voltage electric lines, both overhead and underground, located in the area of this project. It is imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed improvements will bring any person, tool, machinery, equipment or object closer to FPUs power lines than the OSHA -prescribed limits. If it will, you must either re -design your project to allow it to be built safely given the pre-existing power line location, or make arrangements with FPL to either deenergize and ground our facilities, or relocate them, possibly at your expense. You must do this before allowing any construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors, and their employees, will operate or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, in dangerous proximity to such power lines during the course of construction, and, if so, when and where. Therefore, if it becomes necessary for any contractor or subcontractor, or their employees, to operate or handle cranes, digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer to underground or overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented. The National Electrical Safety Code ("NESC") prescribes minimum clearances that must be maintained. If you build your structure so that those clearances cannot be maintained, you may be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such, you should contact FPL prior to commencing construction near pre-existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the NESC clearances. It is your responsibility and the responsibility of your contractors and subcortractors on this project to diligently fulfill the following obligations: 1. Make absolutely certain that all persons responsible for operating or handling cranes, digging apparatus, draglines, mobile equipment or any equipment, tool, or material capable of contacting a power line, are in compliance with all applicable state and federal regulations, including but not limited to U.S. Department of Labor OSHA Regulations, while performing their work. 2. Make sure that all cranes, digging apparatus, draglines, mobile equ,pment, and all other equipment or materials capable of contacting a power line have attached to them any warning signs required by U.S. Department of Labor OSHA Regulations. 3. Post and maintain proper warning signs and advise all employees, new and old alike, of their obligation to keep themselves, their tools, materials and equipment away from power lines per the fo'lowing OSHA minimum approach distances (refer to OSHA regulations for restrictions): *Power Line Voltages **Personnel and Equipment Cranes and Derricks Travel under cr near Power Lines (on construction sites, no load) (29 CFR 1910.333 and 1926.600) (29 CFR 1926.1407, 1408) (29 CFR 1926.600— Equipment) (1926.1411— Cranes and Derricks) 0 - 750 volts 10 Feet 10 Feet 4 Feet 4 Feet 751 - 50,000 volts 10 Feet 10 Feet 4 Feet 6 Feet 69,000 volts 11 Feet 15 Feet 10 Feet 10 Feet 115,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 138,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 230,000 volts 16 Feet 20 Feet 10 Feet 10 Feet 500,000 volts 25 Feet 25 Feet 16 Feet 16 Feet *When uncertain of the voltage, maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000 volts. For personnel approaching insulated secondary conductors less than 750 volts, avoid contact (Maintain 10 Feet to bare energized conductors less than 750 volts). For qualified personnel and insulated aerial lift equipment meeting requirements of 29 CFR 1910.333, distances may be reduced to those shown in 29 CFR 1910.333 Table S-5. 4. All excavators are required to contact the Sunshine State One Call of Florida, phone number 1-800-432-4770 or 811 a minimum of two working days (excluding weekends) in advance of commencement of excavation to ensure facilities are located accurately. 5. Conduct all locations and excavations in accordance with She Florida Statute 556 of the Underground Facilities Damage Prevention & Safety Act and all local city and county ordinances that may apply. 6. When an excavation is to take place within a tolerance zone, an excavator shall use increased caution to protect underground facilities. The protection requires hand digging, pot holing, soft digging, vacuum methods, or similar procedures to identify underground facilities. A copy of this notification must be provided by you to each contractor and subcontractor on this project, to be shared with their supervision and employees prior to commencing work on this project. EMAIL hmehta@ircgov.com. rionesaircgov.com Means by which this notification was provided to customer and/or contractor FPL l4presentativeAgnature Customer/Developer/Contractor Representative Signature Form 360 Rev. 1/09/12 Address 1/10/2022 Date Date 276