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HomeMy WebLinkAbout04/05/2022vERc\ P P� k BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, APRIL 5, 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 H. 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 2.11. INVOCATION Pastor Joe Moore, Rivers of Living Water Rhema Word Ministries, Inc. 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating the Month of April, 2022 as Child Abuse Prevention Month Attachments: Proclamation 5.11. Presentation of Proclamation Designating April 22, 2022 as Earth Day 2022 Attachments: Proclamation 5.C. Presentation of Proclamation Designating April 24-30, 2022, as Crime Victims' Rights Week in Indian River County Attachments: Proclamation April 5, 2022 Page 1 of 7 S.D. Presentation from Parabel S.E. Presentation by the Nopetro Eco District, LLC: Update on Design and Development of the Renewable Natural Gas Plant 6. APPROVAL OF MINUTES 6.A. Regular Meeting of February 1, 2022 6.B. Regular Meeting of February 8, 2022 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Indian River County Venue Event Calendar Review Attachments: Venue Event Calendar April 2022 8. CONSENT AGENDA 8.A. Checks and Electronic Payments February 11, 2022 to February 17, 2022 Attachments: Finance Departmert Staff Report 8.B. Checks and Electronic Payments February 18, 2022 to February 24, 2022 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments February 25, 2022 to March 3, 2022 Attachments: Finance Departmert Staff Report 8.D. Checks and Electronic Payments March 4, 2022 to March 10, 2022 Attachments: Finance Departmert Staff Report 8.E. Checks and Electronic Payments March 11, 2022 to March 17, 2022 Attachments: Finance Departmert Staff Report 8.F. Checks and electronic payments March 18, 2022 to March 24, 2022 Attachments: Finance Departmert Staff Report 8.G. Fourth of July Fireworks Funding Attachments: Staff Report City of Vero Beach 2022 funding request Lions Club 2022 funding request 8.H. Designation of Excess Equipment as Surplus and Disposal Authorization Attachments: Staff Report Excess List for 040522 April 5, 2022 Page 2 of 7 8.I. Approval of On -Airport Lease and Aircraft Rescue and Firefighting (ARFF) Agreement between the City of Vero Beach and Indian River County Emergency Services District Attachments: Staff Report Memorandum of Lease Lease Agreement ARFF Agreement Attachment A (COVB Airport Leasing Policy) Exhibit A (Legal Description) Exhibit B (Phase 1, Environmental Site Assessement) Exhibit C (FAA Lease Review Concurrence) 8.J. Work Order No. 3 - Southeastern Surveying and Mapping Corporation, IRC -1817, Indian River Blvd. Resurfacing Project (17th Street to US 1) Attachments: Staff Report Work Order No. 3 and Exhibit A 8.K. Approval of Change Order #s 1, 2 and 3 for Egret Marsh Algal Turf Scrubber Influent Feed System Replacement (IRC Bid 2021049) Attachments: Staff Report Change Order #1 Change Order #2 Change Order #3 8.L. GRBK GHO Lucaya Pointe, LLC's Request for Final Plat Approval for a Plat -Over Site Plan Development to be known as Lucaya Pointe Phase 1 [SD -19-05-03/ 2005120072-90006] Attachments: Staff Report Location Map Final Plat Layout 8.M. Children's Services Advisory Committee's Recommendation of Request for Proposal, Grant Application and Agency Grant Contract for FY 2022-2023 Attachments: Staff Report Request For Proposal RFP Notification Grant Application Evaluation Form Agency Grant Contract April 5, 2022 Page 3 of 7 8.N. Approval of Renewal of a Class "B" Certificate of Public Convenience and Necessity from Coastal Care Corporation DBA Cleveland Clinic Advanced Medical Transport Attachments: Staff Report COPCN Renewal Application 8.0. Request to Piggy -Back Martin County Bid Process for Caustic Soda Chemicals Attachments: Staff Report 8.P. CCNA Work Order No. 7 with Tetra Tech for the Industrial Wastewater Pretreatment Local Limits Evaluation Attachments: Staff Report Work Order No 7 Support letter from Brown and Caldwell to Tetra Tech 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.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. (Legislative) Attachments: Staff Report Proposed Chapter 13 Property Rights Element Draft Property Rights Element Ordinance B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing for April 12, 2022, for Ordinance Amending Section 312.11 "Performance Sezurity" of the Indian River Code of Ordinances Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS April 5, 2022 Page 4 of 7 11.A. Appeal of a Decision of a County Officer -- Deborah Cooney Attachments: Staff Report - Appeal Initial receipt of application to Budget Email to Applicant denying grant Email from Applicant Supplying Additional Info Notarized Statement from Applicant Email to Applicant denying reconsideration Email to Applicant accepting request to file an appeal Summons for Civil Action Small Business Grant application 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology 12.E.1 Continuation - County Websites, Domains, and Internet -Based Services Attachments: Staff Report Website Features and Functions Executive Summary Website Requirements Specification F. Office of Management and Budget G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Affordable Housing Advisory Committee - Planning and Zoning Commission Member and Alternate Attachments: Staff Report - AHAC 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1. Request from Vero Beach Wine &: Film Festival to use Commission Chambers Attachments: Commissioner's Memorandum April 5, 2022 Page 5 of 7 14.A.2. Appointment of Vice Chair Earman to Medical Examiner's Building Advisory Committee Attachments: Commissioner's Memorandum B. Commissioner Joseph H. Earman, Vice Chairman 14.B.1. Update on Medical Examiner's Advisory Task Force Regarding a New Medical Examiner's Office Attachments: Commissioner's Memo PowerPoint Attachment 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 SWDD Meeting Minutes of February 1, 2022 15.B.2. Seventeenth Amendment to Republic Services Attachments: Staff Report Seventeenth Amendment to Republic Services 15.B.3. Procurement of a High Pressure Skid System Attachments: Staff Report KHA Evaluation Memo BGE Fabrication ,agreement 15.B.4. Final Pay to Geosyntec for Work Order No. 3 - Phase I Redevelopment for South Gifford Road Landfill Attachments: Staff Report Geosyntec Project Completion Report & Final Invoice C. Environmental Control Board 16. ADJOURNMENT April 5, 2022 Page 6 of 7 Except for those matters specifically exempted unser the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00p.m until Wednesday at 6:00 a.m., Wednesday at 9:00 a. m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 11-00 Noon to 5:00 p.m. April 5, 2022 Page 7 of 7 vrodamatton DESIGNATING THE MONTH OF APRIL, 2022 AS CHILD ABUSE PREVENTION MONTH lferea$, child abuse and neglect are serious and growing problems affecting more than 3.2 million of our nation's children annually and over 3,500 children locally; and Wbereao, the abuse and neglect of children can cause severe, costly and lifelong problems, including physical and mental health problems, school failure and criminal behavior, which affects all of society; increased public awareness of the devastating problem of child abuse and neglect is our strongest weapon in the fight to end it; and Mean, many community organizations, such as all the local Exchange Clubs: Indian River, Treasure Coast, Vero Beach, Fellsmere and Sebastian, the Hibiscus Children's Center and other organizations who make children a top priority, take action to support the physical, social, emotional, and educational development and competency of all children; and Vberrn, during the month of April, Prevent Child Abuse Florida in collaboration with the Governor's Office of Adoption and Child Protection, the Florida Department of Children and Families, and the Ounce of Prevention Fund of Florida, will implement Pinwheels for Prevention, a statewide campaign promoting awareness of healthy child development and positive parenting practices. The National Exchange Club will honor all children by wearing blue on Mondays during the month of April. RoW, Qcrefore, be it 30radaimeb by the 38oarb of QCountp QCommiszioner% of lnbian Riber QCDuntp, ,1Ioriba, that the month of Apd , 2022, be designated as CHILD ABUSE PREVENTION MONTH in Indian River County, and all residents are urged to engage in activities whose purpose is to strengthen families and communities to provide the optimal environment for healthy child development. Adopted this 5th day of April, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss Proclamation Designating April 22, 2022 As Earth Day 2022 Wberen, the Indian River County Board of County Commissioners and the Solid Waste Disposal District are committed to preserving and protecting our community; and Vfjereal, we are all caretakers of this planet and we are committed to combatting environmental degradation and preserving our earth's viable resources; and 30fjerea5i, Earth Day celebrates its 52nd year on April 22, 2022. It was founded by Senator Gaylord Nelson in 1970 to promote ecology and respect for life on the planet as well as to encourage awareness of the growing problems of air, water and soil pollution; and 30bereaO, Earth Day is celebrated with outdoor activities where individuals or groups perform acts of service to planet Earth. Ways of observing Earth Day include planting trees, picking up roadside and shore trash and conducting various service-oriented recycling activities to reverse environmental destruction; and Iftereo, it is away to broaden environmental education across all age levels in order to successfully achieve overall sustainability; and Vberen, Earth Day efforts uplift our communities, provide service to those in need and builc bridges of friendship among citizens, members of all faiths, civic leaders, and community organizations ir. Indian River County; and Mereai, the Board encourages all residents of Indian River County to become better committed to the greater causes such as recycling educat on, water conservation and food waste prevention and diversion. RoW, Tjerefore, be it Prortaimeb by the 39oarb of Countp Commiozfottero of Inbiatt Biber County, lloriba, that April 22, 2022 be designated as Earth Day in Indian River County. Adopted this 5th day of April, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 2 Esc Proclamation DESIGNATING APRIL 24-30, 2022, AS CRIME VICTIMS' RIGHTS WEEK IN INDIAN RIVER COUNTY -Whereas, since 1981, National Crime Victims' Rights Week has challenged us to confront barriers to achieving justice for all victims while still reflecting on how far we have come; and -Whereas, millions of people every year in the United States are victims of crime, including terrible acts of violence, loss or damage of personal property, and financial exploitation, and these citizens may lose a sense of trust and safety that can never be fully recovered; and -Whereas, persistent barriers prevent many victims from obtaining the support and services they need and the justice they deserve, with fewer than half of violent crimes ever being reported; and -Whereas, local community initiatives, especially those that build trust with law enforcement, are key to preventing violence; and -Whereas, it is essential to improve access to services and safety for our historically marginalized and under -served communities, combat the surge in anti -Asian harassment and other hate crimes, and reduce gun violence and its impacts on victims, families, and first responders; and -Whereas, every crime victim deserves justice and assurance that their safety and welfare will be protected, and by being united for victims' rights and services, we gain strength as a community and offer tangible support to victims who seek to recover in the aftermath of crime. No,m Therefore, be it Proclaimed- by the Board- of County Commissioners of Indian River County, FCorula, that April 24-30, 2022 is designated as Crime Victims' Rights Week in Indian River County, and the Board calls upon all citizens to participate in events that raise awareness of victims' rights and to reach out to serve victims in need. Adopted this 5th day of April, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 3 Item 5.D. 04/05/2022 )- 1 Mein To create a model to feed the world and improve health with plant -powered foods through a global, highly sustainable aquacultural footprint. C c � I r �T v li pp .� l� j , '.•�: ��' ��� �IIIIII IIS! � � `'� Parabel Nutrition, Inc. Vision private & confidentialI —parabel.com 3 To become one of the world's leading providers of plant -based nutrition. Parabel Nutrition, Inc. private & confidential I v—vparabel.com 4 The plant -based food market is expected to reach $74.2 billion by 20227, a CAGB of 11.9% 2020 $74.26 2027 ar [! i,r, Scurce MetWous%search_ SelembE 2027 _ --, - ._ Portfolio - Lemraceae (water lentils) Q Botanicals' U Protein Concentrate' Ch Juice Conventrate Juice �.� > 1111.., I.io Large and important addressable markets Lemnaceae can be incorporated into a multitude of food sector segments I j Food and Meat Dairy Sports Nutrition, Beverage Altemalives Alternatives Superfoods, Nutraceutical ^-ai www parades rom Key IngredientLtribues ,' �:^�ro+�ir+c� �--�ir-ei� ilr I�li�ti• Essential Amino Acids ,- 4,93� Dietary F ber Omega 3 Fatty Acids Natural Antioxidants f ' Vitamins and Minerals r •� Sting r ren ;fi onaiite Solubility Water binding Emulsification J01 s a Foaming Gelling Sustainable Plant -based Nutrition Proprietary aquaculture IMP growth system Proprietary nutrient blends Global Scalability Global Aquacultural growth systems extensively tested and independently validated. cb�lto conduct independent technical _ operational due diligence to val Me a@ growth and process technology • The Parabel hLLrition team ha=_ -' successfully gown and harveslee n1' f indigenous Lemnaceae species i ,` commercial score systems at gbLally CHILE UG av0.A MEXICO diverse IocatlQs. No arable land required Opportunity to bring high quality nutrition to food insecure parts of the world Parabel Nutrition. Inc. private 3 confidential I v—vpalatial. con, 1C Sllistalirahilihr enefit In egrated grovvf:� & processing system transforms marginal, non- acdcultu-al land into thriving productive areas No arable land required No impact on sail Low -carbon aquacul*ure Lemnaceae (water lentils) are indigenous, non-GMO. not disruptive to Local ecosystems Pro--essing system creates minimal waste Recycle virtually all water & nutrients. zero waste cr toxins <p .: e »+ ria s F � t �� ♦t'+ . - !/1011 ti t14a 41\\'• rfirnr /iirr FF ae >u. as\��, rrfirr+♦{e/rs/s• a ra ♦tit aaev. ��. _- l/riPl r�E vl /!bi ti4:a4a �.044a\aSkl a. �•rrfilefir�.ea,F ea+ +aaa.aa`rtet\��w=. �r /!i lF rrpO &f16 '4NORRiiita\1\\� ;r-'Ar{,0 /.'i-°66 @-Blibi6lik :l .:x-atr{sa{raa ameaa wimiii\oro itRBFFit6,9 9'1986 0 iii rob' "rf:fl t{rr• 906@#A6 6 e t1 r,ar{D{{�w arstsee e srt+ell, ease4+Dail eee I i:ta1{Ie � � e ce �� �.69eae4 r1 C- a @6a6136C6ge0,ei lb frtsl 6 '"«��6r3E6�66iile! 114 a e• ,�-fi ��6,.6rc,9,sa 1111.14 6694 „ 3-6966..{,{{ 34ai WATER sc-Y. i669tt,,,f{ 4i LE"TILS PEA BEEF s6s666„1/fd iii8e.;= sa 6l6,,, fierff /sr//ff „ k!T r Fitifis',” Water footprint is 5x lower than oth=r vegetable proteins and 10-40K lowerthan animal prcteins Sustainable Intensificaticr-i Sustainable intrxsification= production of more food per unit area while decreasing negative env ronmental impacts (ca -bon -friendly plant -based ing(edients). Doubles bionnG- every 48 hours, enaoles harvesting all year long High protein r> 400k„ rich in vitamins, antioxidants and mi--nonutdents Pamt`I NOtriton Inc Kc Protein / Ha Naar saoo --. 8000 ;000 8000 5000 a000 000 2000 1000 go 9a�� ,fes Drop pavae B conFict-MiEl I wwwparabel cam 12 Health and Wellness: Clean; Label Natural Product that's free of: r Ks FR �' ` MO G Artificial ingredients ` y� Project VERIFIED Chemicals Additives ,�.,: Anti nutritionals GRAS ���� Q°' `� . *, X. Toxins 0 4 '0, Z rs � ' GRAS indepencent conclusion completed for fiber; protein concentrate will be completed April 2022. 2 SQF certification will occur in. Q2 2022. giY M Vit, t r y S Parabel Nutrition, Inc. 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Event Cost $20. ➢ IRC Steel gives the shooter the opportunity to shoot fast and practice their magazine changes while engaging multiple steel targets. If you want to take your defensive pistol training to that next level, IRC Steel is here for that purpose. Egg-Stravaganza Apr 11, 12, & 14 @ Gifford Youth Achievement Center, Fran B Adams Park, & iG Center • 7:30pm Monday Apr 11 @ Gifford Youth Achievement Center, 7:30pm Tuesday Apr 12 @ Fran B Adams Park, & 7:45 Apr 14 @ iG Center. Free Event! • Register (Click on Special Events): https:Hsecure.recl.com/FL/indian-river-county-fl/catalog/ ➢ During this special Egg-Stravaganza, children 10 and under can enjoy an Easter Egg Flashlight Hunt, a chance to win prizes, movie night., lots of candy, and family fun! Femme Fatale Arms Store — Rifle First Shots for Kids: An intro to Rifle Shooting Apr 15 @ IRC Shooting Rangel0am-1:30pm. Cost $50. Buy tickets: https://www.eventbrite.com/e/first- shots-for-kids-an-introduction-to-pistol-shooting- sebastian-april-tickets- ➢ Femme Fatale First Shots for Kids will teach your child to be safe and to effectively handle and shoot a firearm. We will provide both hearing and eye protection as well as guns and ammo. Sheepdog Tactical Firearms Class Apr 16 @ IRC Shooting Range • Starts at 9am. Event Cost $125. ➢ This is a Basic Handgun Training that will cover your concealed weapon certification and you will receive a certificate to obtain your license. Art Box program for Adults: Acrylic Paint Pouring Apr 19 @ Brackett Library • 6-7pm. Free Event! ➢ Make a mess with us! Join us for paint pouring and create beautiful art! All supplies will be provided. Registration is required. Face coverings are encouraged. Children's Craft Workshop: Earth Day Craft Apr 20 @ Brackett Library • 6-7pm. Free Event! ➢ Join us for an Earth Day inspired craft. This program is intended for 5 to 12 -year-olds. Registration is required. 5 Femme Fatale Arms Store — Basic Firearms Use and Safety/Concealed Carry Training Class Apr 21 @ IRC Shooting Range • Starts at 9:30am. Event costs $155. Buy Tickets: https://www.eventbrite.com/e/sebastian-basic-firearm- use-and-safety-concealed-carry-feb2022-tickets-24318 5031977 ➢ This class exceeds the minimum requirements of training by the state of Florida to receive a concealed carry license. Students successfully completing this class will receive a certificate to use to apply for your Florida Concealed Weapons License. Children's Drive -in -Movie Apr 21 @ IRC Main Library • 6-7:30pm. Free Event! ➢ Join us for a Drive -In -Movie inside the library! We will make our own "cars" and then use them to sit in and enjoy a family friendly movie. This is a BYOB program, (Bring Your Own Box.) Materials to create and decorate the cars will be provided, as well as popcorn. KDMF-S Car Show Apr 23 @ IRC Fairgrounds • 9am-5pm. Admission $5. Visit: https://hapl2eningnext.com/event/kdmf-5-. Come to Indian River County Fairgrounds and see up to 250 cars of all makes and models. Indian River County Steel Apr 24 @ IRC Shooting Range • Starts at 9am. Event Cost $20. ➢ IRC Steel gives the shooter the opportunity to shoot fast and practice their magazine changes while engaging multiple steel targets. If you want to take your defensive pistol training to that next level, IRC Steel is here for that purpose. Sheepdog Tactical Firearms Class Apr 30 @ IRC Shooting Range • Starts at 9am. Event Cost $125. ➢ This is a Basic Handgun Training that will cover your concealed weapon certification and you will receive a certificate to obtain your license. Nautical Flea Market Apr 30 -May 1 @ IRC Fairgrounds • 9am-5pm Saturday & 10am-4pm Sunday. Admission $10. Visit: https://flnauticalfleamarket.com/ ➢ Come and see Treasure Coast's largest "Marine Event" of this type! New/used boats for sale, Fishing/boating seminars, sea food expo building, and lots of Nautical Fun! 6 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'1, Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 17, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 11, 2022 to February 17, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of February 11, 2022 to February 17, 2022. 7 [a: I; ["I wft1 NO M TRANS NBR DATE VENDOR AMOUNT 419696 02/11/2022 DIVE RESCUE INC 555.00 419697 02/11/2022 ROSEN CENTRE HOTEL 708.00 419698 02/11/2022 ROSEN CENTRE HOTEL 708.00 419699 02/11/2022 FLORIDA RECREATION & PARK ASSOC INC 125.00 419700 02/11/2022 FLORIDA RECREATION & PARK ASSOC INC 125.00 419701 02/11/2022 FLORIDA RECREATION & PARK ASSOC INC 125.00 419702 02/11/2022 FLORIDA RECREATION & PARK ASSOC INC 125.00 419703 02/11/2022 JASON E BROWN 406.69 419704 02/11/2022 NAEMT 180.00 419705 02/11/2022 JOSEPH EARMAN 41.74 419706 02/11/2022 NATIONAL HURRICANE CONFERENCE 375.00 419707 02/11/2022 MICHAEL ZITO 115.69 419708 02/11/2022 SUSAN ADAMS 75.00 419709 02/11/2022 SEAN GIBBONS 76.00 419710 02/11/2022 DERIC MEAD 263.00 419711 02/17/2022 FLORIDA FLOODPLAIN MANAGERS ASSOC 75.00 419712 02/17/2022 RICOH USA INC 75.38 419713 02/17/2022 AT&T WIRELESS 152.92 419714 02/17/2022 AT&T WIRELESS 969.14 419715 02/17/2022 PARAGON ELECTRIC OF VERO INC 279,832.00 419716 02/17/2022 CLERK OF CIRCUIT COURT 572.38 419717 02/17/2022 AT&T CORP 1,273.52 419718 02/17/2022 GEOSYNTEC CONSULTANTS INC 18,640.77 419719 02/17/2022 FEDERAL EXPRESS CORP 54.33 419720 02/17/2022 FLORIDA POWER AND LIGHT 808.31 419721 02/17/2022 WASTE MANAGEMENT INC 209,800.30 419722 02/17/2022 BANK OF NEW YORK 1,537.50 419723 02/17/2022 HUMANA 696.32 419724 02/17/2022 CELICO PARTNERSHIP 1,575.54 419725 02/17/2022 ADAMS HOMES OF NORTHWEST FLA 156.02 419726 02/17/2022 JOBEAR CONTRACTING INC 332.82 419727 02/17/2022 AMY S YEITTER 10.34 419728 02/17/2022 AG SCAPE SERVICES 29,595.50 419729 02/17/2022 KRAUS ASSOCIATES INC 22,875.00 419730 02/17/2022 ANDERSEN ANDRE CONSULTING ENGINEERS INC 13,305.25 419731 02/17/2022 UNIFIRST CORPORATION 4.65 419732 02/17/2022 UNIFIRST CORPORATION 14.11 419733 02/17/2022 SHEILA O'SULLIVAN 477.45 419734 02/17/2022 AC VETERINARY SPECIALTY SERVICES 769.09 419735 02/17/2022 CANARX GROUP INC 6,064.80 419736 02/17/2022 COLE AUTO SUPPLY INC 6.30 419737 02/17/2022 KREMEDY LLC 3,500.00 419738 02/17/2022 COASTAL WATERWAYS DESIGN & ENGINEERING LLC 525.00 419739 02/17/2022 AMAZON CAPITAL SERVICES INC 128.56 419740 02/17/2022 STAPLES INC 239.94 419741 02/17/2022 BDI MARINE & SITE CONTRACTOR 337.80 419742 02/17/2022 LATITUDE 88 INC 150.00 419743 02/17/2022 WHITFIELD INVESTMENTS LLC 41.05 419744 02/17/2022 GUNSTER YOAKLEY & STEWART PA 1,372.45 419745 02/17/2022 PAUL GAUTIER 734.97 419746 02/17/2022 AARON SCRANTON 662.17 419747 02/17/2022 JENNIFER BOVE 932.80 419748 02/17/2022 RON PALADINO 69.13 419749 02/17/2022 GLORIA FREDRICKS 38.87 419750 02/17/2022 SHERYL MARSH 390.02 419751 02/17/2022 SOUTHERN CHARM PROPERTIES LLC 250.00 419752 02/17/2022 FLORIDIAN OUTDOOR SERVICES 75.00 419753 02/17/2022 MARK CARON INC 121.00 TRANS NBR DATE VENDOR AMOUNT 419754 02/17/2022 CARMEN HOLLAND 75.00 419755 02/17/2022 UTIL REFUNDS 9.02 419756 02/17/2022 UTIL REFUNDS 89.18 419757 02/17/2022 UTIL REFUNDS 73.89 419758 02/17/2022 UTIL REFUNDS 44.86 419759 02/17/2022 UTIL REFUNDS 36.79 419760 02/17/2022 UTIL REFUNDS 64.35 419761 02/17/2022 UTIL REFUNDS 148.44 419762 02/17/2022 UTIL REFUNDS 70.84 419763 02/17/2022 UTIL REFUNDS 90.62 419764 02/17/2022 UTIL REFUNDS 33.96 419765 02/17/2022 UTIL REFUNDS 337.85 419766 02/17/2022 UTIL REFUNDS 68.86 419767 02/17/2022 UTIL REFUNDS 47.84 419768 02/17/2022 UTIL REFUNDS 81.65 419769 02/17/2022 UTIL REFUNDS 64.03 419770 02/17/2022 UTIL REFUNDS 13.42 419771 02/17/2022 UTIL REFUNDS 42.24 419772 02/17/2022 UTIL REFUNDS 204.63 419773 02/17/2022 UTIL REFUNDS 25.26 419774 02/17/2022 UTIL REFUNDS 40.05 419775 02/17/2022 UTIL REFUNDS 17.98 419776 02/17/2022 UTIL REFUNDS 32.74 419777 02/17/2022 UTIL REFUNDS 68.74 419778 02/17/2022 UTIL REFUNDS 33.17 419779 02/17/2022 UTIL REFUNDS 75.74 419780 02/17/2022 UTIL REFUNDS 79.36 419781 02/17/2022 UTIL REFUNDS 5.46 419782 02/17/2022 UTIL REFUNDS 44.52 419783 02/17/2022 UTIL REFUNDS 37.63 419784 02/17/2022 UTIL REFUNDS 61.77 419785 02/17/2022 UTIL REFUNDS 31.84 419786 02/17/2022 UTIL REFUNDS 49.63 419787 02/17/2022 UTIL REFUNDS 9.77 419788 02/17/2022 UTIL REFUNDS 38.51 419789 02/17/2022 UTIL REFUNDS 73.68 419790 02/17/2022 UTIL REFUNDS 70.64 419791 02/17/2022 UTIL REFUNDS 36.33 419792 02/17/2022 UTIL REFUNDS 32.17 419793 02/17/2022 UTIL REFUNDS 44.56 419794 02/17/2022 UTIL REFUNDS 40.13 419795 02/17/2022 UTIL REFUNDS 67.04 419796 02/17/2022 UTIL REFUNDS 15.86 419797 02/17/2022 UTIL REFUNDS 75.72 419798 02/17/2022 UTIL REFUNDS 15.62 419799 02/17/2022 PORT CONSOLIDATED INC 4,811.31 419800 02/17/2022 STURGIS LUMBER & PLYWOOD CO 44.32 419801 02/17/2022 SUNCOAST WELDING SUPPLIES INC 26.90 419802 02/17/2022 SSES INC 43.06 419803 02/17/2022 RANGER CONSTRUCTION IND INC 2,564.10 419804 02/17/2022 VERO CHEMICAL DISTRIBUTORS INC 240.40 419805 02/17/2022 RICOH USA INC 49.33 419806 02/17/2022 CHISHOLM CORP OF VERO 9,672.50 419807 02/17/2022 SAFETY PRODUCTS INC 686.55 419808 02/17/2022 E -Z BREW COFFEE & BOTTLE WATER SVC 51.00 419809 02/17/2022 KELLY TRACTOR CO 1,788.10 419810 02/17/2022 SAFETY KLEEN SYSTEMS INC 323.90 419811 02/17/2022 HACH CO 2,547.18 419812 02/17/2022 LFI FORT PIERCE INC 1,357.23 419813 02/17/2022 BOUND TREE MEDICAL LLC 631.92 9 TRANS NBR DATE VENDOR AMOUNT 419814 02/17/2022 EXPRESS REEL GRINDING INC 2,830.00 419815 02/17/2022 TI RESOLES OF BROWARD INC 6,066.82 419816 02/17/2022 ABCO GARAGE DOOR CO INC 334.00 419817 02/17/2022 CHILDCARE RESOURCES OF IRC INC 42,851.81 419818 02/17/2022 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 900.00 419819 02/17/2022 BLAKESLEE SERVICES INC 73.00 419820 02/17/2022 MIDWEST TAPE LLC 4,285.83 419821 02/17/2022 ODYSSEY MANUFACTURING CO 9,993.56 419822 02/17/2022 CENGAGE LEARNING INC 94.50 419823 02/17/2022 JIMMYS AIR & REFRIGERATION INC 95.00 419824 02/17/2022 SOFTWARE HARDWARE INTEGRATION 856.52 419825 02/17/2022 PING INC 1,514.27 419826 02/17/2022 MATTHEW BENDER & CO INC 218.00 419827 02/17/2022 PUBLIX SUPERMARKETS 22.95 419828 02/17/2022 WAL MART STORES EAST LP 112.10 419829 02/17/2022 ACUSHNET COMPANY 2,371.68 419830 02/17/2022 WEST PUBLISHING CORPORATION 196.43 419831 02/17/2022 ATHENS TECHNICAL SPECIALISTS INC 1,114.16 419832 02/17/2022 FAMOSO INC 1,500.62 419833 02/17/2022 FLORIDA POWERAND LIGHT 25,670.37 419834 02/17/2022 FLORIDA POWERAND LIGHT 7,093.13 419835 02/17/2022 WALTER KOMARNICKI SR 675.00 419836 02/17/2022 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 419837 02/17/2022 GIFFORD YOUTH ACHIEVEMENT CENTER INC 13,931.68 419838 02/17/2022 PEACE RIVER ELECTRIC COOP INC 240.61 419839 02/17/2022 GLOBAL GOLF SALES INC 1,521.14 419840 02/17/2022 STRUNK FUNERAL HOMES & CREMATORY 425.00 419841 02/17/2022 COMPLETE ELECTRIC INC 4,450.00 419842 02/17/2022 TREASURE COAST SPORTS COMMISSION INC 2,840.00 419843 02/17/2022 FLORIDA STATE GOLF ASSOCIATION 9,300.00 419844 02/17/2022 FLORIDA ASSOCI.ATION OF COUNTY ATTORNEYS 450.00 419845 02/17/2022 HENRY SMITH 225.00 419846 02/17/2022 COUNTY VETERAN SERVICE OFFICERS 40.00 419847 02/17/2022 COUNTY VETERAN SERVICE OFFICERS 40.00 419848 02/17/2022 COUNTY VETERAN SERVICE OFFICERS 40.00 419849 02/17/2022 JOHN BROWN & SONS INC 8,000.00 419850 02/17/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 85.20 419851 02/17/2022 ELXSI INC 2,594.35 419852 02/17/2022 BRIDGESTONE AMERICAS INC 2,723.46 419853 02/17/2022 MIDWEST MOTOR SUPPLY CO 553.42 419854 02/17/2022 PELICAN ISLAND AUDUBON SOCIETY INC 4,739.66 419855 02/17/2022 HULETT ENVIRONMENTAL SERVICES 179.50 419856 02/17/2022 CINTAS CORPORATION NO 2 211.48 419857 02/17/2022 FLORIDA DEPT OF JUVENILE JUSTICE 42,392.00 419858 02/17/2022 THE CLEARING COMPANY LLC 2,595.00 419859 02/17/2022 FASTENAL COMPANY 44.15 419860 02/17/2022 SOUTHERN JANITOR SUPPLY INC 2,063.44 419861 02/17/2022 OCLC ONLINE COMPUTER LIBRARY CENTER 479.81 419862 02/17/2022 GLOVER OIL COMPANY INC 48,537.21 419863 02/17/2022 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 13,779.71 419864 02/17/2022 ORCHID ISLAND PROPERTY MGMT II INC 1,000.00 419865 02/17/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 206.58 419866 02/17/2022 PAK MAIL 270.01 419867 02/17/2022 DANE MACDONALD 225.00 419868 02/17/2022 MENTAL HEALTHASSOCIATION IRC INC 5,904.19 419869 02/17/2022 REDLANDS CHRISTIAN MIGRANT ASSOC 9,845.90 419870 02/17/2022 PETER J CASSARA 985.00 419871 02/17/2022 VATLAND IMPORTS INC 69.37 419872 02/17/2022 SOUTHEAST SECURE SHREDDING 42.00 419873 02/17/2022 DANA SAFETY SUPPLY INC 654.86 10 TRANS NBR DATE VENDOR AMOUNT 419874 02/17/2022 DANA SAFETY SUPPLY INC 604.20 419875 02/17/2022 KWACKS INC 1,170.00 419876 02/17/2022 YOUTH GUIDANCE DONATION FUND 2,210.25 419877 02/17/2022 LARIAT ENTERPRISES INC 150.00 419878 02/17/2022 FLORIDA COAST EQUIPMENT INC 739.69 419879 02/17/2022 OVERDRIVE INC 12,170.31 419880 02/17/2022 BERMUDA SANDS APPAREL LLC 239.16 419881 02/17/2022 VERO BEACH INVESTMENTS LLC 988.00 419882 02/17/2022 VERO BEACH PARTNERSHIP 800.00 419883 02/17/2022 ALAN JAY CHEVROLET CADILLAC 29,413.25 419884 02/17/2022 GFA INTERNATIONAL INC 23,358.75 419885 02/17/2022 JOSHUA HARVEY GHIZ 1,104.20 419886 02/17/2022 WILD TURKEY ESTATES OF VERO LLC 3,242.65 419887 02/17/2022 CLEAN SWEEP & VAC LLC 9,347.25 419888 02/17/2022 MUNICIPAL EMERGENCY SERVICES INC 842.59 419889 02/17/2022 MUNICIPAL EMERGENCY SERVICES INC 1,251.83 419890 02/17/2022 LEARNING ALLIANCE 91,720.52 419891 02/17/2022 PENGUIN RANDOM HOUSE LLC 37.50 419892 02/17/2022 CHEMTRADE CHEMICALS CORPORTATION 3,276.48 419893 02/17/2022 SAMBA HOLDINGS INC 1,443.94 419894 02/17/2022 THE LAW OFFICES OF 691.00 419895 02/17/2022 STS MAINTAIN SERVICES INC 2,375.00 419896 02/17/2022 KATHLEEN PARISOT 120.00 419897 02/17/2022 COBRA GOLF INCORPORATED 2,011.82 419898 02/17/2022 INDIAN RIVER LACROSSE ASSOCIATION INC 3,600.00 419899 02/17/2022 UNIFIRST CORPORATION 1,741.05 419900 02/17/2022 CAPAK LLC 185.09 419901 02/17/2022 WILSON SPORTING GOODS CO 819.85 419902 02/17/2022 SCHUMACHER AUTOMOTIVE DELRAY LLC 309.10 419903 02/17/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 169.81 419904 02/17/2022 BARSALOU VENTURES LLC 1,256.25 419905 02/17/2022 ADVANCE STORES COMPANY INCORPORATED 140.60 419906 02/17/2022 GARY SANDELIER 445.00 419907 02/17/2022 COLE AUTO SUPPLY INC 2,480.04 419908 02/17/2022 RHOADES AIR & HEAT 750.00 419909 02/17/2022 RHOADES AIR & HEAT 245.00 419910 02/17/2022 KONICA MINOLT_�k BUSINESS SOLUTIONS 242.61 419911 02/17/2022 RECYCLING ROCKS LLC 800.00 419912 02/17/2022 FLORIDA BULB & BALLAST INC 2,736.00 419913 02/17/2022 RELX INC 410.00 419914 02/17/2022 NESTLE WATERS NORTH AMERICA 109.91 419915 02/17/2022 CORE & MAIN LP 3,004.06 419916 02/17/2022 JOE PAYNE INC 11,836.24 419917 02/17/2022 DJD EQUIPMENT HOLDINGS LLC 8,695.34 419918 02/17/2022 AMAZON CAPITAL SERVICES INC 5,271.19 419919 02/17/2022 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 4,200.00 419920 02/17/2022 CALITEN LLC 88.60 419921 02/17/2022 PACE ANALYTICAL SERVICES LLC 226.80 419922 02/17/2022 AMERIGAS PROPANE LP 194.26 419923 02/17/2022 THE HOPE FOR FAMILIES CENTER INC 3,652.23 419924 02/17/2022 JORDAN POWER EQUIPMENT CORP 461.89 419925 02/17/2022 CK CONTRACTORS & DEVELOPMENT LLC 11,140.92 419926 02/17/2022 DERECK R PRINCE 15.00 419927 02/17/2022 MULLINAX FORD OF VERO BEACH 911.04 419928 02/17/2022 JUDITH A BURLEY 187.00 419929 02/17/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 266.77 419930 02/17/2022 DESK SPINCO INC 2,213.19 419931 02/17/2022 MILTON MAYBERRY ENTERPRISES INC 5,050.00 419932 02/17/2022 FERGUSON US HOLDINGS INC 418.04 419933 02/17/2022 BLUE GOOSE CONSTRUCTION LLC 3,051.09 11 TRANS NBR DATE VENDOR AMOUNT 419934 02/17/2022 STAPLES INC 281.30 419935 02/17/2022 LOWES COMPANIES INC 1,559.57 419936 02/17/2022 SMI TRADING LLC 17.89 419937 02/17/2022 TAGMARSHAL 11 TERNATIONAL LIMITED 2,019.20 419938 02/17/2022 CHRIS ZAVESKY 400.00 419939 02/17/2022 DEX IMAGING LLC 175.57 419940 02/17/2022 SPORTS ENGINE INC 55.50 419941 02/17/2022 THEODORE SEMI 425.00 419942 02/17/2022 QUADMED INC 1,396.50 419943 02/17/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 1,000.00 419944 02/17/2022 PRISM RESPONSE LLC 12,520.48 419945 02/17/2022 CARLON INC 1,110.20 419946 02/17/2022 BRITTON INDUSTRIES INC 1,059.02 419947 02/17/2022 HIREQUEST LLC 7,361.07 419948 02/17/2022 NETSYNC NETWORK SOLUTIONS INC 50,245.51 419949 02/17/2022 PETERBILT STORE SOUTH FLORIDA LLC 265.56 419950 02/17/2022 PETERBILT STORE SOUTH FLORIDA LLC 951.18 419951 02/17/2022 A TEAM OF THE TREASURE COAST INC 2,846.00 419952 02/17/2022 GOMEZ BROTHERS CONTRACT SERVICES 1,215.00 419953 02/17/2022 HERBERT FLOWERS 40.00 419954 02/17/2022 SHRIEVE CHEMICAL CO LLC 5,803.37 419955 02/17/2022 BTAC HOLDING CORP 974.30 419956 02/17/2022 CONSOLIDATED WATER GROUP LLC 1,782.10 419957 02/17/2022 PB PARENT HOLDCO LP 525.00 419958 02/17/2022 TPH HOLDINGS LLC 56.79 419959 02/17/2022 SCOTT SEELEY 325.00 419960 02/17/2022 RICHARD ALAN KING 3,500.00 419961 02/17/2022 HAISLEY HOBBS FUNERAL HOME INC 425.00 419962 02/17/2022 VIKRANTH GONGIDI 700.00 419963 02/17/2022 PRISCILLA WILLIAMS 650.00 419964 02/17/2022 ROBERT WILLIAMS D 1,000.00 Grand Total: 1,289,104.76 12 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 901753 02/17/2022 NAN MCKAY AND ASSOCIATES INC 1,131.50 Grand Total: 1,131.50 13 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019249 02/11/2022 AT&T CORP 971.00 1019250 02/11/2022 AT&T CORP 2,217.50 1019251 02/11/2022 AT&T CORP 5,386.83 1019252 02/11/2022 OFFICE DEPOT INC 2,839.69 1019253 02/11/2022 COMCAST 439.45 1019254 02/11/2022 WASTE MANAGEMENT INC OF FLORIDA 3,456.64 1019255 02/11/2022 INDIAN RIVER BATTERY 302.90 1019256 02/11/2022 INDIAN RIVER OXYGEN INC 2,006.82 1019257 02/11/2022 MIKES GARAGE & WRECKER SERVICE INC 85.00 1019258 02/11/2022 APPLE INDUSTRIAL SUPPLY CO 40.00 1019259 02/11/2022 GALLS LLC 643.70 1019260 02/11/2022 RECHTIEN INTERNATIONAL TRUCKS 404.80 1019261 02/11/2022 L&L DISTRIBUTORS 120.62 1019262 02/11/2022 STAT MEDICAL DISPOSAL INC 135.00 1019263 02/17/2022 PARKS RENTAL & SALES INC 325.00 1019264 02/17/2022 INDIAN RIVER OXYGEN INC 203.56 1019265 02/17/2022 DEMCOINC 100.62 1019266 02/17/2022 MIKES GARAGE & WRECKER SERVICE INC 829.00 1019267 02/17/2022 APPLE INDUSTRIAL SUPPLY CO 1,061.90 1019268 02/17/2022 GALLS LLC 433.68 1019269 02/17/2022 HILL MANUFACTURING CO INC 340.00 1019270 02/17/2022 WORLD INDUSTRIAL EQUIPMENT INC 1,300.00 1019271 02/17/2022 GROVE WELDERS INC 262.94 1019272 02/17/2022 WIGINTON CORPORATION 1,732.00 1019273 02/17/2022 FIRST HOSPITAL LABORATORIES INC 35.00 1019274 02/17/2022 APPLE MACHINE & SUPPLY CO 249.60 1019275 02/17/2022 TOTAL TRUCK PARTS INC 6,325.01 1019276 02/17/2022 HD SUPPLY FACELITIES MAINTENANCE LTD 1,016.38 1019277 02/17/2022 RECHTIEN INTERNATIONAL TRUCKS 820.19 1019278 02/17/2022 SIMS CRANE & EQUIPMENT CO 6,039.70 1019279 02/17/2022 AUTO PARTNERS LLC 6,214.05 1019280 02/17/2022 L&L DISTRIBUTORS 292.32 1019281 02/17/2022 RADWELL INTERNATIONAL INC 260.00 1019282 02/17/2022 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1019283 02/17/2022 EFE INC 5,506.69 1019284 02/17/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 416.20 Grand Total: 52,898.79 14 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9329 02/11/2022 ATLAS ORGANICS INDIAN RIVER LLC 102,155.88 9330 02/11/2022 KIMLEY HORN & ASSOC INC 5,170.00 9331 02/14/2022 IRS -PAYROLL TAXES 6,615.35 9332 02/15/2022 EDH HOLDINGS LLC 1,542.28 9333 02/15/2022 EDH HOLDINGS LLC 4,362.64 9334 02/15/2022 INDIAN RIVER COUNTY SHERIFF 14,210.00 9335 02/15/2022 HUMANE SOCIETY 39,000.00 9336 02/15/2022 VERO HERITAGE INC 3,298.36 9337 02/15/2022 VETERANS COUNCIL OF I R C 7,250.45 9338 02/16/2022 ELITE TITLE TREASURE COAST INC 19,423.00 9339 02/16/2022 SCHOOL DISTRICT OF I R COUNTY 251,858.00 9340 02/17/2022 ELITE TITLE TREASURE COAST INC 22,560.00 Grand Total: 477,445.96 15 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 24, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 18, 2022 to February 24, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of February 18, 2022 to February 24, 2022. 19B 16 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 419965 02/18/2022 CLERK OF CIRCUIT COURT 457.38 419966 02/18/2022 CLERK OF CIRCUIT COURT 115.00 419967 02/18/2022 UNITED WAY OF INDIAN RIVER COUNTY 709.00 419968 02/18/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 12,097.81 419969 02/18/2022 NORTH CAROLINA CHILD SUPPORT 105.69 419970 02/18/2022 AMERITAS 711.58 419971 02/18/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 419972 02/18/2022 RACHEL IVEY 604.54 419973 02/18/2022 PETER OBRYAN 417.95 419974 02/18/2022 BRIAN FREEMAN 93.08 419975 02/18/2022 SUSAN ADAMS 212.07 419976 02/18/2022 LAURAMATTHES 379.28 419977 02/18/2022 KYLIE ARIOTTI 101.00 419978 02/24/2022 DIVE RESCUE INC 840.00 419979 02/24/2022 JASON E BROWN 63.28 419980 02/24/2022 GOVERNORS HURRICANE CONFERENCE 855.00 419981 02/24/2022 HAMPTON INN 652.00 419982 02/24/2022 JOSEPH EARMAN 43.88 419983 02/24/2022 MICHAEL ZITO 114.27 419984 02/24/2022 SHEILA O'SULLIV_AN 174.37 419985 02/24/2022 LAURA MATTHES 260.15 419986 02/24/2022 RYAN LLOYD 144.00 419987 02/24/2022 AT&T WIRELESS 5.10 419988 02/24/2022 AT&T WIRELESS 71.71 419989 02/24/2022 AT&T WIRELESS 92.07 419990 02/24/2022 AT&T WIRELESS 92.07 419991 02/24/2022 AT&T WIRELESS 147.04 419992 02/24/2022 AT&T WIRELESS 663.46 419993 02/24/2022 AT&T WIRELESS 969.29 419994 02/24/2022 AT&T WIRELESS 1,047.45 419995 02/24/2022 REPUBLIC SERVICES INC 533,033.58 419996 02/24/2022 ECOTECH CONSULTANTS INC 2,666.67 419997 02/24/2022 INDIAN RIVER COUNTY HEALTH DEPT 64,633.66 419998 02/24/2022 VICTIM ASSISTANCE PROGRAM 6,485.91 419999 02/24/2022 ROGER J NICOSIA 480.00 420000 02/24/2022 ROGER J NICOSIA 1,500.00 420001 02/24/2022 CITY OF VERO BEACH 2,350.70 420002 02/24/2022 CITY OF VERO BEACH 11,987.50 420003 02/24/2022 AT&T CORP 1,604.06 420004 02/24/2022 INTERNATIONAL GOLF MAINTENANCE INC 102,765.60 420005 02/24/2022 GEOSYNTEC CONSULTANTS INC 20,615.11 420006 02/24/2022 FEDERAL EXPRESS CORP 36.31 420007 02/24/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 48.16 420008 02/24/2022 WASTE MANAGEMENT INC 212,845.05 420009 02/24/2022 LANGUAGE LINE SERVICES INC 166.62 420010 02/24/2022 KEEP INDIAN RIVER BEAUTIFUL INC 10,000.00 420011 02/24/2022 TLC DIVERSIFIED INC 394,791.72 420012 02/24/2022 ST LUCIE COUNTY BOCC 40,484.33 420013 02/24/2022 CELICO PARTNERSHIP 730.73 420014 02/24/2022 MASTELLER & MOLER INC 4,740.00 420015 02/24/2022 JOHNNY B SMITH 200.00 420016 02/24/2022 JUAN RAMIREZ 64.97 420017 02/24/2022 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 625.00 420018 02/24/2022 HELPING ANIMALS LIVE -OVERCOME 35.00 420019 02/24/2022 ANFIELD CONSULTING GROUP INC 10,000.00 420020 02/24/2022 JAY AMMON ARCHITECT INC 4,310.25 420021 02/24/2022 AC VETERINARY SPECIALTY SERVICES 45.00 420022 02/24/2022 ALL WEBBS ENTERPRISES INC 87,305.00 17 TRANS NBR DATE VENDOR AMOUNT 420023 02/24/2022 CENTERLINE UTILITIES INC 70,790.29 420024 02/24/2022 COLE AUTO SUPPLY INC 70.24 420025 02/24/2022 KREMEDY LLC 3,500.00 420026 02/24/2022 BLOOPRINT MANAGEMENT INC 351.56 420027 02/24/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 853.26 420028 02/24/2022 SMI TRADING LLC 12.32 420029 02/24/2022 DAVID & TERRI MASSEY 500.00 420030 02/24/2022 CONSOR ENGINEERS LLC 158,809.63 420031 02/24/2022 CHARLES R SCOTT 472.00 420032 02/24/2022 GEOFFREY KRYSL 91.52 420033 02/24/2022 KATHRYN JOY 98.32 420034 02/24/2022 CLEAN SPACE INC 15,530.91 420035 02/24/2022 VERO BEACH BAPTIST CHURCH 2,168.78 420036 02/24/2022 GULF BEACH HOTEL INC 357.08 420037 02/24/2022 FIRST BAPTIST CHURCH OF VERO BEACH INC 10,000.00 420038 02/24/2022 NICHOLIS RAUCH HEINE 83,029.58 420039 02/24/2022 ALLISON BAIRD 1,285.70 420040 02/24/2022 PAUL CARROLL 92.25 420041 02/24/2022 PAMELA HOLLEY 78.61 420042 02/24/2022 TREVOR GIBBONS 30.05 420043 02/24/2022 RUBEN CUEVAS 11.79 420044 02/24/2022 JOHN CORSO 33.64 420045 02/24/2022 JULIO FLORES 872.64 420046 02/24/2022 PORT CONSOLIDATED INC 1,272.70 420047 02/24/2022 GUARDIAN EQUIPMENT INC 910.00 420048 02/24/2022 TEN -8 FIRE EQUIPMENT INC 4,825.89 420049 02/24/2022 HENRY SCHEIN INC 3,708.00 420050 02/24/2022 PARALEE COMPANY INC 6,163.87 420051 02/24/2022 GRAINGER 1,306.51 420052 02/24/2022 KELLY TRACTOR CO 314.04 420053 02/24/2022 GENES AUTO GLASS INC 280.00 420054 02/24/2022 SAFETY KLEEN SYSTEMS INC 415.13 420055 02/24/2022 GRAYBAR ELECTRIC 453.90 420056 02/24/2022 REPUBLIC SERVICES INC 26,981.20 420057 02/24/2022 HACH CO 790.20 420058 02/24/2022 LFI FORT PIERCE --NC 971.99 420059 02/24/2022 BOUND TREE MEDICAL LLC 5,250.90 420060 02/24/2022 TIRESOLES OF BROWARD INC 7,249.46 420061 02/24/2022 ABCO GARAGE DOOR CO INC 527.50 420062 02/24/2022 MIDWEST TAPE LLC 1,423.98 420063 02/24/2022 ODYSSEY MANUFACTURING CO 4,844.08 420064 02/24/2022 PRECISION CONTRACTING SERVICES INC 9,785.00 420065 02/24/2022 HUDSON PUMP & EQUIPMENT 6,741.32 420066 02/24/2022 BAKER DISTRIBUTING CO LLC 285.50 420067 02/24/2022 PAUL CARONE 11,134.00 420068 02/24/2022 WILLIE C REAGAN 1,880.00 420069 02/24/2022 CLERK OF CIRCUIT COURT 84.00 420070 02/24/2022 CITY OF VERO BEACH 5,414.96 420071 02/24/2022 INDIAN RIVER ALL FAB INC 762.00 420072 02/24/2022 HOME DEPOT USA INC 69.97 420073 02/24/2022 TREASURE COAST HOMELESS SERVICES 637.60 420074 02/24/2022 TREASURE COAST HOMELESS SERVICES 6,748.00 420075 02/24/2022 BRACKETT FAMILY LIMITED PARTNERSHIP 1,167.00 420076 02/24/2022 ROGER CLEVELAND GOLF INC 6,573.50 420077 02/24/2022 ACUSHNET COMPANY 964.81 420078 02/24/2022 FEDERAL EXPRESS CORP 549.25 420079 02/24/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 25.00 420080 02/24/2022 FAMOSO INC 638.70 420081 02/24/2022 CALLAWAY GOLF SALES COMPANY 27,155.65 420082 02/24/2022 FLORIDA POWER AND LIGHT 88,071.93 18 TRANS NBR DATE VENDOR AMOUNT 420083 02/24/2022 TAYLOR MADE GOLF CO INC 3,196.49 420084 02/24/2022 NEW HORIZONS OF THE TREASURE COAST 27,457.50 420085 02/24/2022 BE SAFE SECURITY ALARMS INC 239.70 420086 02/24/2022 LARRY STALEY 706.00 420087 02/24/2022 INSIGHT PUBLIC SECTOR 353.30 420088 02/24/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 13.86 420089 02/24/2022 ELXSI INC 667.67 420090 02/24/2022 DAVID SPARKS 808.00 420091 02/24/2022 FORT PIERCE HOUSING AUTHORITY 775.00 420092 02/24/2022 BRIDGESTONE AMERICAS INC 415.69 420093 02/24/2022 THE PALMS AT VERO BEACH 2,355.00 420094 02/24/2022 TRANE US INC 41,752.07 420095 02/24/2022 HULETT ENVIRONMENTAL SERVICES 728.50 420096 02/24/2022 CINTAS CORPORATION NO 2 642.90 420097 02/24/2022 ARTHUR PRUETT 734.00 420098 02/24/2022 SYNAGRO-WWT INC 70,606.08 420099 02/24/2022 POLYDYNE INC 2,944.00 420100 02/24/2022 THE CLEARING COMPANY LLC 525.00 420101 02/24/2022 BIG BROTHERS AND BIG SISTERS 1,250.00 420102 02/24/2022 BIG BROTHERS AND BIG SISTERS 4,423.66 420103 02/24/2022 SOUTHERN JANITOR SUPPLY INC 329.02' 420104 02/24/2022 MICHAEL JAHOLKOWSKI 547.00 420105 02/24/2022 ETR LLC 1,900.35 420106 02/24/2022 HEVERON GROUP INC 4,620.00 420107 02/24/2022 ARPHAX PUBLISHNG CO 575.00 420108 02/24/2022 GLOVER OIL COMPANY INC 26,798.19 420109 02/24/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 625.95 420110 02/24/2022 SUNCOAST REALTY & RENTAL MGMT LLC 658.00 420111 02/24/2022 PAMELA R CUMIVIINGS 689.00 420112 02/24/2022 FISHER & PHILLIPS LLP 885.00 420113 02/24/2022 INDIAN RIVER RDA LP 260.00 420114 02/24/2022 REDLANDS CHRISTIAN MIGRANT ASSOC 16,987.66 420115 02/24/2022 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 4,628.42 420116 02/24/2022 SOUTHEAST SECURE SHREDDING 34.98 420117 02/24/2022 NICOLACE MARKETING INC 5,074.25 420118 02/24/2022 EQ THE ENVIRONMENTAL QUALITY COMPANY 17,477.32 420119 02/24/2022 SOUTHEAST POWER SYSTEMS OF ORLANDO 1,017.69 420120 02/24/2022 WINSUPPLY OF VERO BEACH 380.20 420121 02/24/2022 OKEECHOBEE PARTNERS LLC 807.00 420122 02/24/2022 BRENNTAG MID-SOUTH INC 3,167.40 420123 02/24/2022 ATLANTIC COASTAL LAND TITLE CO LLC 85.00 420124 02/24/2022 TRACKER SOFTWARE CORPORATION 3,000.00 420125 02/24/2022 FLORIDA ARMATURE WORKS INC 466.78 420126 02/24/2022 OVERDRIVE INC 1,245.33 420127 02/24/2022 MISS INC OF THE TREASURE COAST 2,571.00 420128 02/24/2022 XYLEM WATER SOLUTION USA INC 11,488.35 420129 02/24/2022 FIVE STAR PROPERTY HOLDING LLC 1,060.00 420130 02/24/2022 MKI SERVICES INC 80,570.00 420131 02/24/2022 CARDINAL HEALTH 110 INC 1,261.82 420132 02/24/2022 MUNICIPAL EMERGENCY SERVICES INC 114.95 420133 02/24/2022 MUNICIPAL EMERGENCY SERVICES INC 146.96 420134 02/24/2022 BURNETT LIME CO INC 6,650.30 420135 02/24/2022 CALDWELL PACETTI EDWARDS 1,732.50 420136 02/24/2022 STEWART & STEVENSON FDDA LLC 1,157.00 420137 02/24/2022 FLORIDA DESIGN DRILLING CORP 12,875.00 420138 02/24/2022 KESSLER CONSULTING INC 10,975.00 420139 02/24/2022 VAL APTS LLC 892.00 420140 02/24/2022 COBRA GOLF INCORPORATED 1,295.06 420141 02/24/2022 HAWKINS INC 660.80 420142 02/24/2022 AUGUSTUS B FORT JR 891.00 19 TRANS NBR DATE VENDOR AMOUNT 420143 02/24/2022 CATHEDRAL CORPORATION 895.37 420144 02/24/2022 UNIFIRST CORPORATION 597.80 420145 02/24/2022 LEAGUE OF AMERICAN WHEELMEN INC 45.00 420146 02/24/2022 H&H SHADOWBROOK LLC 689.00 420147 02/24/2022 CDA SOLUTIONS INC 4,781.06 420148 02/24/2022 CDA SOLUTIONS INC 4,007.25 420149 02/24/2022 WILSON SPORTING GOODS CO 1,145.94 420150 02/24/2022 SOLAR SOLUTIONS WINDOW TINTING INC 494.50 420151 02/24/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 296.19 420152 02/24/2022 GOTTA GO GREEN ENTERPISES INC 63.68 420153 02/24/2022 EASTERN PIPELINE CONSTRUCTION INC 1,775.00 420154 02/24/2022 HELPING HANDS REAL ESTATE & INVESTMENT CO 3,073.00 420155 02/24/2022 ALIX DENEAU 750.00 420156 02/24/2022 MATHESON TRI -GAS INC 5,202.86 420157 02/24/2022 COLE AUTO SUPPLY INC 5,485.78 420158 02/24/2022 RHOADES AIR & HEAT 130.00 420159 02/24/2022 GARLAND DBS INC 183,106.06 420160 02/24/2022 KONICA MINOLTA BUSINESS SOLUTIONS 678.27 420161 02/24/2022 DAYDREAMS UNIFORMS INC 71.80 420162 02/24/2022 NKW PIP HOLDINGS I LLC 1,963.00 420163 02/24/2022 FLORIDA BULB & BALLAST INC 2,138.55 420164 02/24/2022 VEOLIA WATER TECHNOLOGIES INC 50,657.53 420165 02/24/2022 CORE & MAIN LP 21,724.72 420166 02/24/2022 WARREN W CATERSON 200.00 420167 02/24/2022 WOERNER AGRIBUSINESS LLC 720.00 420168 02/24/2022 ABLE GUTTER SERVICES NORTH LLC 799.00 420169 02/24/2022 DJD EQUIPMENT HOLDINGS LLC 3,184.00 420170 02/24/2022 TYKES & TEENS INC 14,552.13 420171 02/24/2022 KARL POKRANDT 1,072.00 420172 02/24/2022 EMPIRE PIPE ORLANDO LLC 141,809.99 420173 02/24/2022 BRANDON ROUER 1,206.00 420174 02/24/2022 VISTA OUTDOOR SALES LLC 488.25 420175 02/24/2022 HINTERLAND GROUP INC 176,876.00 42.0176 02/24/2022 HUDSON CONSULTING & MANAGEMENT LLC 997.00 420177 02/24/2022 DECKS & DOCKS LUMBER COMPANY INC 1,296.00 420178 02/24/2022 AMAZON CAPITAL SERVICES INC 2,152.70 420179 02/24/2022 AMERIGAS PROPANE LP 6,875.76 420180 02/24/2022 AUSTIN REYNOLDS 100.00 420181 02/24/2022 BANYAN RECYCLING INC 210.00 420182 02/24/2022 OHD LLLP 860.00 420183 02/24/2022 LIBERTY TIRE RECYCLING LLC 12,267.60 420184 02/24/2022 MULLINAX FORD OF VERO BEACH 600.78 420185 02/24/2022 FL PUBLIC HUMAN RESOURCES ASSOCIATION INC 135.00 420186 02/24/2022 SHARON P BRENNAN 661.00 420187 02/24/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 995.28 420188 02/24/2022 DESK SPINCO INC 3,243.81 420189 02/24/2022 IXORIA LLC 711.00 420190 02/24/2022 A PLUS PROPERTY MANAGEMENT INC 9,595.00 420191 02/24/2022 ORCHARD GROVE VENTURE LLC 675.00 420192 02/24/2022 STAPLES INC 51.73 420193 02/24/2022 LOWES COMPANIES INC 23,419.42 420194 02/24/2022 SMI TRADING LLC 340.91 420195 02/24/2022 TAGMARSHAL INTERNATIONAL LIMITED 2,019.20 420196 02/24/2022 TOTAL GOLF CART LLC 34.71 420197 02/24/2022 GEORGIA KING LLC 757.00 420198 02/24/2022 BREGO PROPERTIES LLC 2,021.00 420199 02/24/2022 SREIT LEXINGTON CLUB LLC 3,974.00 420200 02/24/2022 QUADMED INC 4,218.75 420201 02/24/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 347.00 420202 02/24/2022 JLA GEOSCIENCES INC 1,460.00 20 TRANS NBR DATE VENDOR AMOUNT 420203 02/24/2022 MARLBROS HOLDINGS LLC 1,133.00 420204 02/24/2022 JARROD CANNON 1,003.00 420205 02/24/2022 AQUATIC WEED CONTROL INC 145.00 420206 02/24/2022 VATLAND CD JR LLC 3,736.90 420207 02/24/2022 VERO BEACH PLACE LLC 829.00 420208 02/24/2022 SILVER ORANGE LLC 730.00 420209 02/24/2022 HIREQUEST LLC 2,445.84 420210 02/24/2022 SAFE FAMILIES FOR CHILDREN 7,608.97 420211 02/24/2022 PETERBILT STORE SOUTH FLORIDA LLC 149.13 420212 02/24/2022 SEUNG KIM 708.00 420213 02/24/2022 A TEAM OF THE TREASURE COAST INC 860.00 420214 02/24/2022 MICHAEL MILLER 1,459.00 420215 02/24/2022 JBM PROPERTY MANAGEMENT LLC 1,400.00 420216 02/24/2022 RS REALTY ADVISORS LLC 2,888.00 420217 02/24/2022 THERAGUN INC 2,079.30 420218 02/24/2022 STEVEN GIORDANO 7,512.88 420219 02/24/2022 C&W ENGINEERING INC 850.00 420220 02/24/2022 SHAMROCK ENVIRONMENTAL CORPORATION 25,176.06 420221 02/24/2022 WESTERN OILFIELDS SUPPLY COMPANY 5,665.23 420222 02/24/2022 WILLIAM J LAHEY 1,609.00 420223 02/24/2022 SONIA SUSAN SOSA 993.00 420224 02/24/2022 ULTIMATE PROPERTIES & LOGISTICS LLC 856.00 420225 02/24/2022 SHRIEVE CHEMICAL CO LLC 5,734.00 420226 02/24/2022 BTAC HOLDING CORP 3,586.54 420227 02/24/2022 TK ELEVATOR CORPORATION 8,472.00 420228 02/24/2022 PB PARENT HOLDCO LP 525.00 420229 02/24/2022 SCOTT SEELEY 225.00 420230 02/24/2022 OSCAR ALVARADO 709.00 420231 02/24/2022 THE UNIVERSITY OF TAMPA INC 19.89 Grand Total: 3,309,365.98 21 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 901754 02/24/2022 901755 02/24/2022 901756 02/24/2022 901757 02/24/2022 901758 02/24/2022 901759 02/24/2022 901760 02/24/2022 901761 02/24/2022 901762 02/24/2022 Grand Total: VENDOR TREASURE COAST HOMELESS SERVICES FLORIDA POWERAND LIGHT PELICAN ISLES LP WEDGEWOOD RENTALS LLC CANON FINANCIAL SERVICES INC PALM BEACH COUNTY HOUSING AUTHORITY ORCHARD GROVE VENTURE LLC SREIT LEXINGTON CLUB LLC STARWOOD REIT OPERATING PARTNERSHIP LP AMOUNT 774.00 5.00 622.00 941.00 21.72 714.00 1,300.00 176.32 553.00 5,107.04 22 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019285 02/18/2022 AT&T CORP 5.76 1019286 02/18/2022 AT&T CORP 5.95 1019287 02/18/2022 OFFICE DEPOT INC 1,297.99 1019288 02/18/2022 COMCAST 412.90 1019289 02/18/2022 WASTE MANAGEMENT INC OF FLORIDA 8,867.27 1019290 02/24/2022 INDIAN RIVER BATTERY 1,330.05 1019291 02/24/2022 INDIAN RIVER OXYGEN INC 100.00 1019292 02/24/2022 MIKES GARAGE & WRECKER SERVICE INC 1,813.00 1019293 02/24/2022 DAVES SPORTING GOODS & TROPHIES 1,624.75 1019294 02/24/2022 APPLE INDUSTRIAL SUPPLY CO 569.05 1019295 02/24/2022 IRRIGATION CONSULTANTS UNLIMITED INC 42.16 1019296 02/24/2022 GROVE WELDERS INC 455.07 1019297 02/24/2022 HD SUPPLY FACILITIES MAINTENANCE LTD 83.48 1019298 02/24/2022 GREEN EQUIPMENT COMPANY 19,036.00 1019299 02/24/2022 SPINNAKER VERO INC 94.00 1019300 02/24/2022 PROTRANSMASTERS R INC 4,279.41 1019301 02/24/2022 AUTO PARTNERS :.LLC 1,691.54 1019302 02/24/2022 STAT MEDICAL DISPOSAL INC 550.00 1019303 02/24/2022 HYDRA SERVICE (S) INC 14,602.05 1019304 02/24/2022 GUARDIAN ALARM OF FLORIDA LLC 157.00 1019305 02/24/2022 EFE INC 3,993.33 1019306 02/24/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 128.24 Grand Total: 61,139.00 23 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9341 02/18/2022 FL SDU 3,712.02 9342 02/18/2022 IRC CHAMBER OF COMMERCE 24,223.64 9343 02/18/2022 IRC CHAMBER OF COMMERCE 12,057.53 9344 02/18/2022 SENIOR RESOURCE ASSOCIATION 414,110.33 9345 02/18/2022 KIMLEY HORN & ASSOC INC 4,625.00 9346 02/18/2022 SAVE ON SP LLC 18,538.99 9347 02/18/2022 TEAMSTERS LOCAL UNION #769 5,283.00 9348 02/18/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 75,716.84 9349 02/18/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 11,011.92 9350 02/18/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 10,800.90 9351 02/18/2022 MUTUAL OF OMAHA 2,549.00 9352 02/18/2022 IRC FIRE FIGHTERS ASSOC 9,668.92 9353 02/18/2022 HEALTH ADVOCATE SOLUTIONS INC 2,008.80 9354 02/18/2022 APTIM CORP 134,554.34 9355 02/18/2022 GUETTLER BROTHERS CONSTRUCTION LLC 2,157,913.98 9356 02/22/2022 IRS -PAYROLL TAXES 516,638.24 9357 02/23/2022 CLERK OF CIRCUIT COURT 600.00 9358 02/23/2022 WRIGHT EXPRESS FSC 29,538.14 9359 02/24/2022 ATLAS ORGANICS INDIAN RIVER LLC 127,225.86 9360 02/24/2022 KIMLEY HORN & ASSOC INC 16,902.00 9361 02/24/2022 TIMOTHY ROSE CONTRACTING INC 94,899.10 9362 02/24/2022 CITY OF SEBASTIAN 30,264.15 9363 02/24/2022 KIMLEY HORN & ASSOC INC 18,809.00 9364 02/24/2022 TOWN OF INDIAN RIVER SHORES 8,086.45 Grand Total: 3,729,738.15 24 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 3, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 25, 2022 to March 3, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of February 25, 2022 to March 3, 2022. 25 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 420232 03/03/2022 STURGIS LUMBER & PLYWOOD CO 349.96 420233 03/03/2022 COMMUNICATIONS INTERNATIONAL 108.00 420234 03/03/2022 RANGER CONSTRUCTION IND INC 2,592.36 420235 03/03/2022 RICOH USA INC 162.98 420236 03/03/2022 RICOH USA INC 243.84 420237 03/03/2022 HENRY SCHEIN INC 1,010.58 420238 03/03/2022 SAFETY PRODUCTS INC 813.64 420239 03/03/2022 DATA FLOW SYSTEMS INC 3,508.00 420240 03/03/2022 PARALEE COMPANY INC 8,593.46 420241 03/03/2022 E -Z BREW COFFEE & BOTTLE WATER SVC 27.00 420242 03/03/2022 INDIAN RIVER BATTERY 462.90 420243 03/03/2022 GRAINGER 2,469.19 420244 03/03/2022 GRAYBAR ELECTRIC 1,346.22 420245 03/03/2022 HACH CO 2,825.92 420246 03/03/2022 LFI FORT PIERCE INC 945.72 420247 03/03/2022 CLIFF BERRY INC 1,351.30 420248 03/03/2022 AMAZON HOSE & RUBBER COMPANY 2,061.21 420249 03/03/2022 BOUND TREE MEDICAL LLC 5,241.05 420250 03/03/2022 CITY ELECTRIC SUPPLY COMPANY 409.29 420251 03/03/2022 AMERICAN WATER CHEMICALS INC 29,946.40 420252 03/03/2022 EDLUND DRITENBAS BINKLEYARCHITECTS 5,000.00 420253 03/03/2022 MIDWEST TAPE LLC 1,589.92 420254 03/03/2022 ODYSSEY MANUFACTURING CO 4,950.00 420255 03/03/2022 ENCORE BROADCAST EQUIPMENT SALES INC 650.00 420256 03/03/2022 CENGAGE LEARNING INC 199.42 420257 03/03/2022 PENWORTHY COMPANY 1,441.00 420258 03/03/2022 SUNSHINE REHABILATION CENTER OF IRC INC 2,090.00 420259 03/03/2022 CITY OF VERO BEACH 405.93 420260 03/03/2022 HOME DEPOT USA INC 245.95 420261 03/03/2022 LIVINGSTON PAGE 100.00 420262 03/03/2022 JANITORIAL DEPOT OF AMERICA INC 133.08 420263 03/03/2022 PUBLIX SUPERMARKETS 59.90 420264 03/03/2022 FAMOSO INC 1,220.78 420265 03/03/2022 FLORIDA POWER AND LIGHT 134,412.65 420266 03/03/2022 FLORIDA POWER AND LIGHT 41,261.35 420267 03/03/2022 WALTER KOMARNICKI SR 250.00 420268 03/03/2022 SHERILEE D PARSELL 4,616.40 420269 03/03/2022 TREASURE COAST SPORTS COMMISSION INC 5,317.80 420270 03/03/2022 L WALTON ELECTRIC INC 330.08 420271 03/03/2022 HENRY SMITH 75.00 420272 03/03/2022 PITNEY BOWES INC 47.49 420273 03/03/2022 JOHN BROWN & SONS INC 13,200.00 420274 03/03/2022 DAVCO ELECTRICAL CONTRACTORS CORP 1,565.30 420275 03/03/2022 BRIDGESTONE AA[ERICAS INC 510.12 420276 03/03/2022 ST LUCIE COUNTY BOCC 10,249.20 420277 03/03/2022 TRANE US INC 383,694.00 420278 03/03/2022 HULETT ENVIRONMENTAL SERVICES 168.50 420279 03/03/2022 U S BANK NATIONAL ASSOCIATION 944.69 420280 03/03/2022 FASTENAL COMPANY 42.08 420281 03/03/2022 GLOVER OIL COMPANY INC 74,952.89 420282 03/03/2022 WOODLAWN MHC LLC 516.00 420283 03/03/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 438.88 420284 03/03/2022 JOHNNY B SMITH 375.00 420285 03/03/2022 DANE MACDONALD 150.00 420286 03/03/2022 FISHER & PHILLIPS LLP 590.00 420287 03/03/2022 REDLANDS CHRISTIAN MIGRANT ASSOC 5,694.47 420288 03/03/2022 PETER J CASSARA 13,565.00 420289 03/03/2022 DANA SAFETY SUPPLY INC 1,913.32 26 TRANS NBR DATE VENDOR AMOUNT 420290 03/03/2022 ENVIRONMENTAL CONSERVATION LABORATORIES INC16,260.00 420291 03/03/2022 EQ THE ENVIRONMENTAL QUALITY COMPANY 7,345.00 420292 03/03/2022 WINSUPPLY OF VERO BEACH 723.06 420293 03/03/2022 AMERICAN HEART ASSOCIATION INC 2,496.98 420294 03/03/2022 BRENNTAG MID -SOUTH INC 6,460.75 420295 03/03/2022 TRACKER SOFTWARE CORPORATION 6,316.00 420296 03/03/2022 FLORIDA ARMATURE WORKS INC 1,686.89 420297 03/03/2022 FLORIDA COAST EQUIPMENT INC 757.49 420298 03/03/2022 OVERDRIVE INC 2,042.25 420299 03/03/2022 PROMATIC INC 223.29 420300 03/03/2022 PPG ARCHITECTURAL FINISHES INC 165.28 420301 03/03/2022 ALEX MIKLO 150.00 420302 03/03/2022 BURNETT LIME CO INC 13,309.36 420303 03/03/2022 SOUTHERN MANAGEMENT LLC 9,795.00 420304 03/03/2022 CHEMTRADE CHEMICALS CORPORTATION 6,687.39 420305 03/03/2022 MICHAEL EDWARD HAMILTON 300.00 420306 03/03/2022 ANDERSEN ANDRE CONSULTING ENGINEERS INC 5,327.00 420307 03/03/2022 CATHEDRAL CORPORATION 426.96 420308 03/03/2022 UNIFIRST CORPORATION 1,845.42 420309 03/03/2022 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 411.06 420310 03/03/2022 JDS GRAPHICS DESIGN INC 255.66 420311 03/03/2022 GOTTA GO GREEN ENTERPISES INC 190.68 420312 03/03/2022 FLORIDA EAST COAST HOLDINGS CORP 16,528.44 420313 03/03/2022 EASTERN PIPELINE CONSTRUCTION INC 5,325.00 420314 03/03/2022 MATHESON TRI -GAS INC 5,424.90 420315 03/03/2022 COLE AUTO SUPPLY INC 78.66 420316 03/03/2022 RHOADES AIR & HEAT 165.00 420317 03/03/2022 RHOADES AIR & HEAT 10,708.00 420318 03/03/2022 KONICA MINOLTA BUSINESS SOLUTIONS 193.27 420319 03/03/2022 BETH NOLAN 270.00 420320 03/03/2022 ENVIRONMENTAL OPERATING SOLUTION INC 19,269.80 420321 03/03/2022 CORE & MAIN LP 6,065.00 420322 03/03/2022 BROWNELLS INC 10,015.45 420323 03/03/2022 WOERNER AGRIBUSINESS LLC 130.00 420324 03/03/2022 ABISCOM INC 711.49 420325 03/03/2022 DIRECTV GROUP INC 102.39 420326 03/03/2022 AMAZON CAPITAL SERVICES INC 3,513.71 420327 03/03/2022 TREASURE COAST PLUMBING LLC 350.00 420328 03/03/2022 PACE ANALYTICAL SERVICES LLC 896.40 420329 03/03/2022 AMERIGAS PROPANE LP 9,432.76 420330 03/03/2022 JOHN J DRISCOLL 150.00 420331 03/03/2022 DAVID MIKE 200.00 420332 03/03/2022 AUSTIN REYNOLDS 75.00 420333 03/03/2022 JORDAN POWER EQUIPMENT CORP 2,081.27 420334 03/03/2022 LIBERTY TIRE RECYCLING LLC 9,204.40 420335 03/03/2022 JUDITH A BURLEY 82.50 420336 03/03/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 237.56 420337 03/03/2022 DESK SPINCO INC 454.86 420338 03/03/2022 FERGUSON US HOLDINGS INC 5,748.98 420339 03/03/2022 BLUE GOOSE CONSTRUCTION LLC 2,802.23 420340 03/03/2022 STAPLES INC 112.63 420341 03/03/2022 LOWES COMPANIES INC 6,037.50 420342 03/03/2022 MILLENNIUM CREMATORY LLC 425.00 420343 03/03/2022 GOOD SPORTSMAN MARKETING LLC 920.86 420344 03/03/2022 CHRIS ZAVESKY 400.00 420345 03/03/2022 PLAYCORE WISCONSIN INC 106,655.08 420346 03/03/2022 SUTPHEN CORPORATION 1,089,708.32 420347 03/03/2022 ROBERT A HUDSON 375.00 420348 03/03/2022 THEODORE SEMI 625.00 420349 03/03/2022 QUADMED INC 2,324.28 27 TRANS NBR DATE VENDOR AMOUNT 420350 03/03/2022 BRITTON INDUSTRIES INC 702.67 420351 03/03/2022 CW ROBERTS CONTRACTING INC 707,372.50 420352 03/03/2022 LAWRENCE F WALLIN 175.00 420353 03/03/2022 HIREQUEST LLC 12,821.82 420354 03/03/2022 PETERBILT STORE SOUTH FLORIDA LLC 2,169.16 420355 03/03/2022 EASTMAN AGGREGATE ENTERPRISE LLC 13,950.50 420356 03/03/2022 A TEAM OF THE TREASURE COAST INC 1,120.00 420357 03/03/2022 CER SIGNATURE CLEANING LLC 750.00 420358 03/03/2022 MARUBENI AMERICA CORPORATION 7,217.50 420359 03/03/2022 SHAMROCK ENVIRONMENTAL CORPORATION 14,372.19 420360 03/03/2022 GOMEZ BROTHERS CONTRACT SERVICES 180.00 420361 03/03/2022 PIVOTAL UTILITY HOLDINGS INC 39.32 420362 03/03/2022 SHRIEVE CHEMICAL CO LLC 5,724.43 420363 03/03/2022 BTAC HOLDING CORP 5,325.76 420364 03/03/2022 PB PARENT HOLDCO LP 605.50 420365 03/03/2022 TPH HOLDINGS LLC 392.58 420366 03/03/2022 CRYSTAL MCANELLY DIVERS 25.00 420367 03/03/2022 424 LABORATORIES LLC 1,891.82 420368 03/03/2022 ALEX RICHARDSON 125.00 420369 03/03/2022 SEVEN ISLES CAPITAL 2,333.00 420370 03/03/2022 SCOTT SEELEY 250.00 420371 03/03/2022 RONALD MARASCO SR 250.00 420372 03/03/2022 OCP COMMUNITY OUTREACH INC 2,475.02 420373 03/03/2022 JO-KELL INC 279.68 420374 03/03/2022 AT&T WIRELESS 43.23 420375 03/03/2022 AT&T WIRELESS 43.23 420376 03/03/2022 EDLUND DRITENBAS BINKLEY ARCHITECTS 300.00 420377 03/03/2022 CARTER ASSOCIATES INC 15,039.25 420378 03/03/2022 AT&T CORP 4.50 420379 03/03/2022 FEDERAL EXPRESS CORP 44.46 420380 03/03/2022 FLORIDA POWERAND LIGHT 619.49 420381 03/03/2022 VNA HEALTH SERVICES 466.06 420382 03/03/2022 STATE ATTORNEY 9,308.78 420383 03/03/2022 TLC DIVERSIFIED INC 19,401.30 420384 03/03/2022 ARCADIS U S INC 2,524.05 420385 03/03/2022 CELICO PARTNERSHIP 429.16 420386 03/03/2022 MBV ENGINEERING INC 7,114.50 420387 03/03/2022 GLOBALSTAR USA 194.78 420388 03/03/2022 FISHER & PHILLIPS LLP 13,658.50 420389 03/03/2022 VERO BEACH FIREFIGHTERS ASSOC 10,000.00 420390 03/03/2022 REHMANN GROUP LLC 20,000.00 420391 03/03/2022 ANDERSEN ANDRE CONSULTING ENGINEERS INC 15,521.00 420392 03/03/2022 CATHEDRAL CORPORATION 17,700.00 420393 03/03/2022 BOWMAN CONSULTING GROUP LTD 8,126.25 420394 03/03/2022 CHANGE HEALTHCARE LLC 34,067.03 420395 03/03/2022 AMAZON CAPITAL SERVICES INC 338.70 420396 03/03/2022 GRBK GHO HOMES LLC 285,888.71 420397 03/03/2022 XGD SYSTEMS LLC 4,754.82 420398 03/03/2022 WITT O'BRIEN'S LLC 426.25 420399 03/03/2022 GEO-COMM INC 4,920.00 420400 03/03/2022 JUSTIN VANWYK 568.40 420401 03/03/2022 LATITUDE 88 INC 250.00 420402 03/03/2022 FLORIDA INDIAN HERITAGE ASSOCIATION INC 250.00 420403 03/03/2022 HIGH SOURCES INC 5,013.60 420404 03/03/2022 GIBRALTAR CONSTRUCTION COMPANY INC 658,669.68 420405 03/03/2022 SPIEZLE ARCHITECTURAL GROUP INC 72,078.50 420406 03/03/2022 LAUDYS GOMEZ 958.50 420407 03/03/2022 FRANCIS JOHNSON 150.01 420408 03/03/2022 LORRIE MOORE 30.00 420409 03/03/2022 SR 60 VERO LLC 932.80 28 TRANS NBR DATE VENDOR AMOUNT 420410 03/03/2022 RUSTIC STYLE & CABINS 56.76 420411 03/03/2022 BRANDILYN BELL 68.24 420412 03/03/2022 GARY SEXTON 36.91 420413 03/03/2022 THOMAS LARSON 39.90 420414 03/03/2022 PETER FASOLINO 75.06 420415 03/03/2022 DESTINY D FRAZIER 10,000.00 420416 03/03/2022 FLORIDA WATER & POLLUTION CONTROL 115.00 420417 03/03/2022 FLORIDA WATER & POLLUTION CONTROL 325.00 420418 03/03/2022 FLORIDA WATER & POLLUTION CONTROL 325.00 420419 03/03/2022 FLORIDA WATER & POLLUTION CONTROL 325.00 420420 03/03/2022 FLORIDA WATER & POLLUTION CONTROL 325.00 420421 03/03/2022 FLORIDA WATER & POLLUTION CONTROL 325.00 420422 03/03/2022 FLORIDA WATER & POLLUTION CONTROL 325.00 420423 03/03/2022 FLORIDA WATER & POLLUTION CONTROL 405.00 420424 03/03/2022 FLORIDA WATER & POLLUTION CONTROL 405.00 420425 03/03/2022 FLORIDA ATLANTIC UNIVERSITY 100.00 420426 03/03/2022 FLORIDA ATLANTIC UNIVERSITY 100.00 420427 03/03/2022 FLORIDA ATLANTIC UNIVERSITY 550.00 420428 03/03/2022 FLORIDA ATLANTIC UNIVERSITY 550.00 420429 03/03/2022 A & SW CONSULTANTS INC 595.00 420430 03/03/2022 SHEILA O'SULLIVAN 60.00 420431 03/03/2022 1-4 PROPERTIES 192.00 Grand Total: 4,184,094.34 29 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 901763 03/01/2022 CREATIVE CHOICE HOMES XVI LTD 438.00 901764 03/01/2022 TREASURE COAST HOMELESS SERVICES 774.00 901765 03/01/2022 IRC HOUSING AUTHORITY 72.00 901766 03/01/2022 LAZY J LLC 337.00 901767 03/01/2022 COALITION FOR ATTAINABLE HOMES INC 477.00 901768 03/01/2022 SUNQUEST APRTMENTS LLC 806.00 901769 03/01/2022 ORCHARD GROVE VENTURE LLC 3,390.00 901770 03/01/2022 SREIT LEXINGTON CLUB LLC 2,066.00 901771 03/01/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 1,044.00 901772 03/01/2022 GRACES LANDING LTD 13,830.00 901773 03/01/2022 BETTY DAVIS SCROGGS 769.00 901774 03/01/2022 CREATIVE CHOICE HOMES XVI LTD 12,670.00 901775 03/01/2022 DAVID YORK 577.00 901776 03/01/2022 ST FRANCIS MANOR OF VERO BEACH 1,763.00 901777 03/01/2022 TREASURE COAST HOMELESS SERVICES 1,946.00 901778 03/01/2022 FLORIDA POWER AND LIGHT 73.00 901779 03/01/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,220.00 901780 03/01/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,058.00 901781 03/01/2022 THE PALMS AT VERO BEACH 17,567.00 901782 03/01/2022 DAVID CONDON 801.00 901783 03/01/2022 HILARY MCTVOR 52.00 901784 03/01/2022 PELICAN ISLES LP 12,013.00 901785 03/01/2022 SUNCOAST REALTY & RENTAL MGMT LLC 913.00 901786 03/01/2022 OAK RIVER PROPERTIES INC 309.00 901787 03/01/2022 ADINA GOLDMAN 746.00 901788 03/01/2022 INDIAN RIVER RDA LP 2,667.00 901789 03/01/2022 LAZY J LLC 1,666.00 901790 03/01/2022 JESSE LEWIS 143.00 901791 03/01/2022 SAID S MOOBARK 2,148.00 901792 03/01/2022 OSCEOLA COUNTY SECTION 8 897.37 901793 03/01/2022 YVONNE KOUTSOFIOS 19.00 901794 03/01/2022 BRIAN E GALLAGHER 633.00 901795 03/01/2022 SCOT WILKE 307.00 901796 03/01/2022 JOHN T STANLEY 1,133.00 901797 03/01/2022 WEDGEWOOD RENTALS LLC 2,217.00 901798 03/01/2022 COALITION FOR ATTAINABLE HOMES INC 848.00 901799 03/01/2022 MCLAUGHLIN PROPERTIES LLC 1,302.00 901800 03/01/2022 MYRIAM MELENDEZ 583.00 901801 03/01/2022 WATSON REALTY GROUP 2,586.00 901802 03/01/2022 SHER LLC 732.00 901803 03/01/2022 PALM BEACH COUNTY HOUSING AUTHORITY 963.37 901804 03/01/2022 SUNQUEST APRTMENTS LLC 3,342.00 901805 03/01/2022 PJD HOLDINGS LLC 1,225.00 901806 03/01/2022 ORCHARD GROVE VENTURE LLC 14,207.00 901807 03/01/2022 SONRISE APARTMENT PROPERTIES LLC 3,071.00 901808 03/01/2022 SREIT LEXINGTON CLUB LLC 34,085.00 901809 03/01/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 11,270.00 901810 03/01/2022 B4 TC PROPERTIES LLC 1,099.00 901811 03/01/2022 STREIT RIVER PARK PLACE LLC 22,195.00 901812 03/01/2022 EZAS INVESTMENTS LLC 912.00 901813 03/01/2022 MARILEE MINTZER 598.00 901814 03/01/2022 DANIEL I PREUSS 703.00 901815 03/01/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 27,093.00 901816 03/01/2022 IGC ENTERPRISES INCORPORATED 4,246.00 Grand Total: 223,601.74 30 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019307 02/25/2022 OFFICE DEPOT INC 1,606.39 1019308 02/25/2022 COMCAST 240.00 1019309 02/25/2022 WASTE MANAGEMENT INC OF FLORIDA 2,346.81 1019310 03/03/2022 PARKS RENTAL & SALES INC 433.68 1019311 03/03/2022 INDIAN RIVER BATTERY 141.45 1019312 03/03/2022 MIKES GARAGE & WRECKER SERVICE INC 65.00 1019313 03/03/2022 MEEKS PLUMBING INC 4,154.00 1019314 03/03/2022 IRRIGATION CONSULTANTS UNLIMITED INC 291.16 1019315 03/03/2022 GROVE WELDERS INC 10.23 1019316 03/03/2022 DLT SOLUTIONS LLC 3,697.67 1019317 03/03/2022 TOTAL TRUCK PARTS INC 778.24 1019318 03/03/2022 HD SUPPLY FACILITIES MAINTENANCE LTD 395.80 1019319 03/03/2022 STRYKER SALES CORP 311.10 1019320 03/03/2022 RECHTIEN INTERNATIONAL TRUCKS 1,226.54 1019321 03/03/2022 SPINNAKER VERO INC 45.50 1019322 03/03/2022 AUTO PARTNERS LLC 1,403.01 1019323 03/03/2022 L&L DISTRIBUTORS 292.32 1019324 03/03/2022 STAT MEDICAL DISPOSAL INC 135.00 1019325 03/03/2022 HYDRA SERVICE S) INC 34,189.37 1019326 03/03/2022 NEXAIR LLC 115.52 1019327 03/03/2022 EFE INC 196.53 1019328 03/03/2022 EFE INC 141.10 Grand Total: 52,216.42 31 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9365 02/25/2022 SENIOR RESOURCE ASSOCIATION 141,550.00 9366 02/25/2022 INDIAN RIVER COUNTY SHERIFF 500,000.00 9367 02/25/2022 WHITNEY BANK 8,860.50 9368 02/28/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 41,076.15 9369 02/28/2022 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,599.17 9370 02/28/2022 MUTUAL OF OMAHA 20,750.14 9371 02/28/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 200.00 9372 02/28/2022 CER SIGNATURE CLEANING LLC 18,788.00 9373 03/01/2022 AMERICAN FAMZ,Y LIFE ASSURANCE CO 18,625.98 9374 03/01/2022 HALLEY ENGINEERING CONTRACTORS INC 1,029,557.06 9375 03/01/2022 ST LUCIE BATTERY & TIRE CO 1,092.72 9376 03/01/2022 P&AADMINISTRATIVE SERVICES INC 396.50 9377 03/01/2022 INDIAN RIVER COUNTY SHERIFF 4,806,463.90 9378 03/01/2022 CLERK OF CIRCUIT COURT 102,839.75 9379 03/01/2022 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 117,546.14 9380 03/02/2022 ALLSTATE 125.10 9381 03/02/2022 MUTUAL OF OMAHA 8,847.44 9382 03/02/2022 FL RETIREMENT SYSTEM 872,049.81 9383 03/03/2022 TD BANK 4,757.59 9384 03/03/2022 APTIM CORP 5,453.39 9385 03/03/2022 RX BENEFITS INC 196,783.38 9386 03/03/2022 EDH HOLDINGS LLC 5,421.00 9387 03/03/2022 KIMLEY HORN & ASSOC INC 27,788.76 Grand Total: 7,933,572.48 32 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 10, 2022 1 �oMHr R0 o � o , 4'44 r?COU10", SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 4, 2022 to March 10, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of March 4, 2022 to March 10, 2022. 33 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 420432 03/04/2022 FLORIDA UC FUND 4,625.56 420433 03/04/2022 NORTH CAROLINA CHILD SUPPORT 105.69 420434 03/04/2022 AMERITAS 33,434.68 420435 03/04/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 420436 03/04/2022 P&AADMINISTRATIVE SERVICES INC 456.00 420437 03/10/2022 RICOH USA INC 30.89 420438 03/10/2022 AT&T WIRELESS 345.84 420439 03/10/2022 SEWELL HARDWARE CO INC 282.74 420440 03/10/2022 CALL ONE INC 50.00 420441 03/10/2022 CLERK OF CIRCUIT COURT 598.99 420442 03/10/2022 AT&T CORP 34.99 420443 03/10/2022 AT&T CORP 3,160.51 420444 03/10/2022 AT&T CORP 3,180.51 420445 03/10/2022 AT&T CORP 3,239.44 420446 03/10/2022 AT&T CORP 657.74 420447 03/10/2022 PUBLIX SUPERMARKETS 481.95 420448 03/10/2022 FLORIDA POWERAND LIGHT 10,366.22 420449 03/10/2022 FLORIDA POWER AND LIGHT 207.42 420450 03/10/2022 STATE ATTORNEY 11,845.21 420451 03/10/2022 LANGUAGE LINE SERVICES INC 105.53 420452 03/10/2022 MEDICARE PART B FINANCIAL SERVICES 584.97 420453 03/10/2022 UNITED HEALTH CARE INS COMPANY 261.67 420454 03/10/2022 INDIAN RIVER COUNTY HISTORICAL 10,000.00 420455 03/10/2022 BLUE CROSS BLUE SHIELD 1,688.97 420456 03/10/2022 HUMANA 317.92 420457 03/10/2022 JAY H NASON 347.00 420458 03/10/2022 CELICO PARTNERSHIP 377.27 420459 03/10/2022 MBV ENGINEERING INC 8,069.00 420460 03/10/2022 AUDREY SIDEY 90.62 420461 03/10/2022 ERNEST J DUBINSKY 73.04 420462 03/10/2022 VIKBOL IN 20.00 420463 03/10/2022 JACK C THOMPSON 500.00 420464 03/10/2022 WELLCARE HEALTH PLAN 955.00 420465 03/10/2022 FLORIDAMEDICAID 1,158.40 420466 03/10/2022 HELPING ANIMALS LIVE -OVERCOME 29.00 420467 03/10/2022 FLORIDA LEAGUE OF CITIES INC 604.40 420468 03/10/2022 ETHEL MILLER 47.37 420469 03/10/2022 UNIFIRST CORPORATION 9.38 420470 03/10/2022 SUNSHINE HEALTH PLAN MEDICAID 431.13 420471 03/10/2022 AMAZON CAPITAL SERVICES INC 159.89 420472 03/10/2022 FL 911 COORDINATORS ASSOCIATION INC 150.00 420473 03/10/2022 AUSTIN REYNOLDS 150.00 420474 03/10/2022 DESK SPINCO INC 1,581.68 420475 03/10/2022 J -MAC CLEANING SERVICES INC 4,833.33 420476 03/10/2022 GISELA WALKER 76.89 420477 03/10/2022 FLORIDA COMMUNITY CARE 291.08 420478 03/10/2022 RICHARD J CIBULA 102.52 420479 03/10/2022 SUN PATRICK ARCHITECTURE INC 2,870.00 420480 03/10/2022 CAREPLUS HEALTH PLANS INC 354.60 420481 03/10/2022 FREDRIC R DICHTER 2,000.00 420482 03/10/2022 DENNIS LAUGHLIN 82.02 420483 03/10/2022 GEORGE W NELSON JR 120.37 420484 03/10/2022 DOROTHY C CLARK 97.94 420485 03/10/2022 ELEANOR SCHMEIZER 481.60 420486 03/10/2022 WILLIAM DOORES 87.52 420487 03/10/2022 WENDAL E BERRY 44.84 420488 03/10/2022 SONDRA N TUNIS 101.30 420489 03/10/2022 RUBY M GUY 102.98 34 TRANS NBR DATE VENDOR AMOUNT 420490 03/10/2022 ROBERT M BLUM.STEIN 95.35 420491 03/10/2022 RENAL CAGNETTA 18.36 420492 03/10/2022 REGINA M SANDERS 60.00 420493 03/10/2022 NANCY D BEATH 63.00 420494 03/10/2022 MARBRY W MICHAEL 92.91 420495 03/10/2022 MICHAELAGIOELI 582.80 420496 03/10/2022 AMTRUST NORTH AMERICA 464.35 420497 03/10/2022 ANIL MUKHERJI 250.00 420498 03/10/2022 BEAU SOMMERS 302.83 420499 03/10/2022 CARL BAKER 129.60 420500 03/10/2022 CAROLYN M SCHRADER 373.76 420501 03/10/2022 CHERYL A WIBLE 50.00 420502 03/10/2022 AGNES Y FOOTE 524.42 420503 03/10/2022 IRENE C PRELI 270.40 420504 03/10/2022 JO OETZEL 81.72 420505 03/10/2022 JOE LYONS 545.72 420506 03/10/2022 JOHN R GOLDEN 51.24 420507 03/10/2022 JOHN STUMPF 111 50.00 420508 03/10/2022 JUDY E LINDSEY 99.01 420509 03/10/2022 MARJORIE E ALBERTSON 78.36 420510 03/10/2022 MARYANN STILLWELL 100.08 420511 03/10/2022 JAMES G HALES 78.06 420512 03/10/2022 JEFFREY S DUNN 91.38 420513 03/10/2022 JEFFREY BLOSSOM 214.36 420514 03/10/2022 MARY TAIBL 75.99 420515 03/10/2022 THERESA WOOD 93.28 420516 03/10/2022 DAVID PEREZ 107.29 420517 03/10/2022 WILLIAM TUNNEY 126.15 420518 03/10/2022 YUMALIA CESPEDES 21.00 420519 03/10/2022 TIDAL BASIN GO'4'ERNMENT LLC 164.02 420520 03/10/2022 ANTHONY GUTCEN 26.20 420521 03/10/2022 COLBEY DAVIS 100.00 420522 03/10/2022 MARTIN BROWN 48.51 420523 03/10/2022 MICHELE WATSON 100.00 420524 03/10/2022 UTIL REFUNDS 2.70 420525 03/10/2022 UTIL REFUNDS 70.91 420526 03/10/2022 UTIL REFUNDS 25.88 420527 03/10/2022 UTIL REFUNDS 45.47 420528 03/10/2022 UTIL REFUNDS 43.28 420529 03/10/2022 UTIL REFUNDS 80.94 420530 03/10/2022 UTIL REFUNDS 71.59 420531 03/10/2022 UTIL REFUNDS 57.51 420532 03/10/2022 UTIL REFUNDS 40.39 420533 03/10/2022 UTIL REFUNDS 44.53 420534 03/10/2022 UTIL REFUNDS 22.23 420535 03/10/2022 UTIL REFUNDS 59.23 420536 03/10/2022 UTIL REFUNDS 88.30 420537 03/10/2022 UTIL REFUNDS 283.73 420538 03/10/2022 UTIL REFUNDS 21.18 420539 03/10/2022 UTIL REFUNDS 40.24 420540 03/10/2022 UTIL REFUNDS 20.94 420541 03/10/2022 UTIL REFUNDS 28.81 420542 03/10/2022 UTIL REFUNDS 58.31 420543 03/10/2022 UTIL REFUNDS 86.74 420544 03/10/2022 UTIL REFUNDS 46.84 420545 03/10/2022 UTIL REFUNDS 78.96 420546 03/10/2022 UTIL REFUNDS 6.82 420547 03/10/2022 UTIL REFUNDS 338.72 420548 03/10/2022 UTIL REFUNDS 34.65 420549 03/10/2022 UTIL REFUNDS 42.06 35 TRANS NBR DATE VENDOR AMOUNT 420550 03/10/2022 UTI, REFUNDS 98.71 420551 03/10/2022 UTI, REFUNDS 92.56 420552 03/10/2022 UTI, REFUNDS 34.35 420553 03/10/2022 UTI, REFUNDS 18.04 420554 03/10/2022 UTI, REFUNDS 32.43 420555 03/10/2022 UTI, REFUNDS 161.02 420556 03/10/2022 UTIL REFUNDS 44.62 420557 03/10/2022 UTIL REFUNDS 28.88 420558 03/10/2022 UTIL REFUNDS 61.83 420559 03/10/2022 UTIL REFUNDS 82.62 420560 03/10/2022 UTIL REFUNDS 63.15 420561 03/10/2022 UTIL REFUNDS 50.00 420562 03/10/2022 UTIL REFUNDS 100.00 420563 03/10/2022 UTIL REFUNDS 42.13 420564 03/10/2022 UTI, REFUNDS 47.55 420565 03/10/2022 UTIL REFUNDS 76.15 420566 03/10/2022 UTIL REFUNDS 113.62 420567 03/10/2022 UTIL REFUNDS 92.24 420568 03/10/2022 UTIL REFUNDS 27.48 420569 03/10/2022 UTIL REFUNDS 27.14 420570 03/10/2022 UTIL REFUNDS 6.87 420571 03/10/2022 UTIL REFUNDS 31.77 420572 03/10/2022 UTIL REFUNDS 88.19 420573 03/10/2022 UTIL REFUNDS 85.37 420574 03/10/2022 UTI, REFUNDS 34.27 420575 03/10/2022 UTIL REFUNDS 36.55 420576 03/10/2022 UTIL REFUNDS 42.28 420577 03/10/2022 UTIL REFUNDS 9.92 420578 03/10/2022 UTIL REFUNDS 66.58 420579 03/10/2022 UTIL REFUNDS 150.00 420580 03/10/2022 UTI, REFUNDS 45.39 420581 03/10/2022 UTIL REFUNDS 14.60 420582 03/10/2022 UTIL REFUNDS 33.74 420583 03/10/2022 UTIL REFUNDS 157.74 420584 03/10/2022 UTIL REFUNDS 1.69 420585 03/10/2022 UTIL REFUNDS 17.38 420586 03/10/2022 UTIL REFUNDS 62.44 420587 03/10/2022 UTIL REFUNDS 16.53 420588 03/10/2022 UTII. REFUNDS 165.03 420589 03/10/2022 UTIL REFUNDS 20.36 420590 03/10/2022 UTIL REFUNDS 43.19 420591 03/10/2022 UTIL REFUNDS 77.81 420592 03/10/2022 UTIL REFUNDS 40.43 420593 03/10/2022 UTIL REFUNDS 173.70 420594 03/10/2022 UTIL REFUNDS 36.63 420595 03/10/2022 UTIL REFUNDS 40.01 420596 03/10/2022 UTIL REFUNDS 9.82 420597 03/10/2022 UTIL REFUNDS 55.39 420598 03/10/2022 UTIL REFUNDS 55.13 420599 03/10/2022 UTIL REFUNDS 78.04 420600 03/10/2022 UTIL REFUNDS 9.13 420601 03/10/2022 UTIL REFUNDS 83.69 420602 03/10/2022 UTIL REFUNDS 37.54 420603 03/10/2022 UTIL REFUNDS 42.95 420604 03/10/2022 UTIL REFUNDS 25.12 420605 03/10/2022 UTIL REFUNDS 46.44 420606 03/10/2022 UTIL REFUNDS 166.79 420607 03/10/2022 UTIL REFUNDS 29.83 420608 03/10/2022 UTIL REFUNDS 2.67 420609 03/10/2022 UTII. REFUNDS 33.01 36 TRANS NBR DATE VENDOR AMOUNT 420610 03/10/2022 UTIL REFUNDS 41.33 420611 03/10/2022 UTIL REFUNDS 31.92 420612 03/10/2022 UTIL REFUNDS 81.53 420613 03/10/2022 UTIL REFUNDS 37.38 420614 03/10/2022 UTIL REFUNDS 43.84 420615 03/10/2022 PORT CONSOLIDATED INC 2,422.34 420616 03/10/2022 STURGIS LUMBER & PLYWOOD CO 1,034.97 420617 03/10/2022 TEN-8 FIRE EQUIPMENT INC 11,655.72 420618 03/10/2022 RANGER CONSTRUCTION IND INC 763.04 420619 03/10/2022 VERO CHEMICAL DISTRIBUTORS INC 756.00 420620 03/10/2022 KIMLEY HORN & ASSOC INC 2,500.00 420621 03/10/2022 SAFETY PRODUCTS INC 3,977.64 420622 03/10/2022 LINDEN-BEALS CORP 638.16 420623 03/10/2022 INDIAN RIVER BATTERY 1,025.70 420624 03/10/2022 GAYLORD BROTHERS INC 1,744.99 420625 03/10/2022 LFI FORT PIERCE INC 893.18 420626 03/10/2022 AVERY DENNISON CORPORATION 1,192.13 420627 03/10/2022 ABCO GARAGE DOOR CO INC 145.00 420628 03/10/2022 BLAKESLEE SERVICES INC 73.00 420629 03/10/2022 UTILITY SERVICE CO INC 2,880.00 420630, 03/10/2022 MIDWEST TAPE LLC 3,552.43 420631 03/10/2022 HARRINGTON INDUSTRIAL PLASTICS LLC 298.71 420632 03/10/2022 CENGAGE LEARN-ING INC 472.25 420633 03/10/2022 CITY OF VERO BEACH 1,068.24 420634 03/10/2022 PUBLIX SUPERMARKETS 95.07 420635 03/10/2022 ROGER CLEVELAND GOLF INC 113.73 420636 03/10/2022 ACUSHNET COMFANY 3,544.21 420637 03/10/2022 WEST PUBLISHING CORPORATION 196.43 420638 03/10/2022 FAMOSO INC 1,051.82 420639 03/10/2022 CALLAWAY GOLF SALES COMPANY 10,326.61 420640 03/10/2022 FLORIDA POWERAND LIGHT 40,996.12 420641 03/10/2022 WALTER KOMARNICKI SR 75.00 420642 03/10/2022 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 420643 03/10/2022 GIFFORD YOUTH ACHIEVEMENT CENTER INC 8,219.62 420644 03/10/2022 STRUNK FUNERAL HOMES & CREMATORY 425.00 420645 03/10/2022 STRUNK FUNERAL HOMES & CREMATORY 425.00 420646 03/10/2022 COMPLETE ELECTRIC INC 745.00 420647 03/10/2022 TREASURE COAST SPORTS COMMISSION INC 5,906.30 420648 03/10/2022 NEW YORK TIMES 612.45 420649 03/10/2022 IRC HEALTHY START COALITION INC 1,666.66 420650 03/10/2022 IRC HEALTHY START COALITION INC 5,220.83 420651 03/10/2022 IRC HEALTHY START COALITION INC 1,678.78 420652 03/10/2022 L WALTON ELECTRIC INC 11,812.00 420653 03/10/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 216.74 420654 03/10/2022 CHILDRENS HOME SOCIETY OF FL 1,750.00 420655 03/10/2022 CHILDRENS HOME SOCIETY OF FL 468.63 420656 03/10/2022 ECONOLITE CONTROL PRODUCTS INC 217.00 420657 03/10/2022 HULETT ENVIRONMENTAL SERVICES 32.00 420658 03/10/2022 CINTAS CORPORATION NO 2 211.48 420659 03/10/2022 FLORIDA RURAL LEGAL SERVICES INC 2,625.02 420660 03/10/2022 SOUTHERN JANITOR SUPPLY INC 2,083.03 420661 03/10/2022 OCLC ONLINE COMPUTER LIBRARY CENTER 479.81 420662 03/10/2022 FLORIDA LEVEL & TRANSIT CO INC 1,080.00 420663 03/10/2022 GLOVER OIL COMPANY INC 50,180.54 420664 03/10/2022 ACOUSTI ENGINEERING COMPANY OF FLORIDA 7,321.00 420665 03/10/2022 JOHNNY B SMITH 450.00 420666 03/10/2022 DANE MACDONALD 175.00 420667 03/10/2022 NICOLACE MARKETING INC 3,085.00 420668 03/10/2022 FLORIDA COAST EQUIPMENT INC 459.14 420669 03/10/2022 OVERDRIVE INC 5,431.43 37 TRANS NBR DATE VENDOR AMOUNT 420670 03/10/2022 BERMUDA SANDS APPAREL LLC 687.80 420671 03/10/2022 VERO BEACH PARTNERSHIP 400.00 420672 03/10/2022 MKI SERVICES NC 29,250.00 420673 03/10/2022 ALEX MIKLO 250.00 420674 03/10/2022 BURNETT LIME CO INC 6,644.46 420675 03/10/2022 STS MAINTAIN SERVICES INC 31,506.88 420676 03/10/2022 COBRA GOLF INCORPORATED 4,446.23 420677 03/10/2022 SYLIVIA MILLER 162.00 420678 03/10/2022 CATHEDRAL CORPORATION 1,711.21 420679 03/10/2022 UNIFIRST CORPORATION 820.12 420680 03/10/2022 WILSON SPORTING GOODS CO 443.44 420681 03/10/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 2,347.85 420682 03/10/2022 BARSALOU VENTURES LLC 473.52 420683 03/10/2022 DEBBIE CARSON 100.00 420684 03/10/2022 AQSEPTENCE GROUP INC 2,193.07 420685 03/10/2022 COLE AUTO SUPPLY INC 1,806.74 420686 03/10/2022 M N WORLDWIDE INC 335.63 420687 03/10/2022 BETH NOLAN 150.00 420688 03/10/2022 JOSEPH ELLIOTT USA LLC 1,204.39 420689 03/10/2022 CORE & MAIN LP 31,723.92 420690 03/10/2022 BOTTOMS UP BEVERAGE OF FLORIDA LLC 2,096.00 420691 03/10/2022 ENGINEERED SERVICES INC 64.20 420692 03/10/2022 DIRECTV GROUP INC 86.99 420693 03/10/2022 EMPIRE PIPE ORLANDO LLC 3,321.75 420694 03/10/2022 AMAZON CAPITAL SERVICES INC 5,004.62 420695 03/10/2022 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,480.00 420696 03/10/2022 PACE ANALYTICAL SERVICES LLC 8,127.27 420697 03/10/2022 GAMBER JOHNSON LLC 204.27 420698 03/10/2022 PSI TECHNOLOGIES INC 3,085.22 420699 03/10/2022 METROPOLITAN COMMUNICATION SERVICES INC 358.25 420700 03/10/2022 JOHN J DRISCOLL 450.00 420701 03/10/2022 DAVID MIKE 75.00 420702 03/10/2022 AUSTIN REYNOLDS 75.00 420703 03/10/2022 JORDAN POWER EQUIPMENT CORP 913.72 420704 03/10/2022 SYTECH INC 2,450.00 420705 03/10/2022 DERECK R PRINCE 105.00 420706 03/10/2022 MULLINAX FORD OF VERO BEACH 566.39 420707 03/10/2022 JUDITH A BURLEY 569.00 420708 03/10/2022 R&S RADIO LLC 400.00 420709 03/10/2022 KRONOS SAASHR INC 121.59 420710 03/10/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 184.29 420711 03/10/2022 BLUE GOOSE CONSTRUCTION LLC 123.76 420712 03/10/2022 STAPLES INC 179.00 420713 03/10/2022 STAPLES INC 4,228.20 420714 03/10/2022 LOWES COMPANIES INC 2,703.62 420715 03/10/2022 SMI TRADING LLC 4.68 420716 03/10/2022 CHRIS ZAVESKY 175.00 420717 03/10/2022 SPORTS ENGINE INC 222.00 420718 03/10/2022 ROBERT A HUDSON 450.00 420719 03/10/2022 REBECCA SIPLAK 96.00 420720 03/10/2022 THEODORE SEMI 375.00 420721 03/10/2022 HIGHER GROUND LAND SERVICES LLC 4,384.00 420722 03/10/2022 FUN EXPRESS LLC 32.35 420723 03/10/2022 SAMBERG CONSTRUCTION & DEVELOPMENT LLC 3,200.00 420724 03/10/2022 LAWRENCE F WALLIN 150.00 420725 03/10/2022 HIREQUEST LLC 5,319.71 420726 03/10/2022 PETERBILT STORE SOUTH FLORIDA LLC 124.88 420727 03/10/2022 A TEAM OF THE TREASURE COAST INC 1,423.00 420728 03/10/2022 TAKING GROUND LAWN & LANDSCAPE INC 200.00 420729 03/10/2022 MARUBENI AMERICA CORPORATION 700.25 38 TRANS NBR DATE VENDOR AMOUNT 420730 03/10/2022 FERGUSON RENTAL LLC 400.00 420731 03/10/2022 BTAC HOLDING CORP 3,854.69 420732 03/10/2022 PB PARENT HOLDCO LP 1,729.80 420733 03/10/2022 FLAF SPORTS SERVICES INC 1,600.00 420734 03/10/2022 CRYSTAL MCANELLY DIVERS 20.00 420735 03/10/2022 GALVIN & MATHEWS FBA LLC 444.00 420736 03/10/2022 OSCEOLA PHARMACY 549.00 420737 03/10/2022 RONALD MARASCO SR 225.00 420738 03/10/2022 JAMES BOINEAU 3,495.00 420739 03/10/2022 MARYLIN RICHARDSON PRYOR 700.00 Grand Total: 515,992.97 39 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR 901817 03/04/2022 BEDS41-111M INC Grand Total: AMOUNT 395.00 395.00 40 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019329 03/04/2022 OFFICE DEPOT INC 1,694.42 1019330 03/04/2022 COMCAST 392.59 1019331 03/04/2022 WASTE MANAGEMENT INC OF FLORIDA 8,999.87 1019332 03/10/2022 MIKES GARAGE & WRECKER SERVICE INC 125.00 1019333 03/10/2022 IRRIGATION CONSULTANTS UNLIMITED INC 271.61 1019334 03/10/2022 WORLD INDUSTRIAL EQUIPMENT INC 1,033.08 1019335 03/10/2022 GROVE WELDERS INC 312.50 1019336 03/10/2022 RECHTIEN INTERNATIONAL TRUCKS 80.59 1019337 03/10/2022 GREEN EQUIPMENT COMPANY 232.00 1019338 03/10/2022 L&L DISTRIBUTORS 2,485.55 1019339 03/10/2022 NEXAIR LLC 48.64 1019340 03/10/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 64.12 Grand Total: 15,739.97 41 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9388 03/04/2022 FL SDU 3,712.02 9389 03/04/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 12,033.67 9390 03/04/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 75,868.22 9391 03/04/2022 IRC FIRE FIGHTERS ASSOC 9,468.32 9392 03/07/2022 IRS -PAYROLL TAXES 504,294.76 9393 03/07/2022 EDH HOLDINGS LLC 1,715.60 9394 03/07/2022 INDIAN RIVER COUNTY SHERIFF 3,045.42 9395 03/09/2022 BENEFLEX INC 870.00 9396 03/09/2022 KIMLEY HORN & ASSOC INC 2,710.00 9397 03/09/2022 GUETTLER BROTHERS CONSTRUCTION LLC 599,490.16 9398 03/09/2022 ALLEN CONCRETE & MASONRY INC 1,486,724.94 9399 03/09/2022 HIGHMARK STOP LOSS 106,555.54 Grand Total: 2,806,488.65 42 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 17, 2022 SUBJECT: APPROVAL OF CHECKS A_ND ELECTRONIC PAYMENTS March 11, 2022 to March 17, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of March 11, 2022 to March 17, 2022. 43 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 420740 03/11/2022 JUSTIN TOBIN 6.00 420741 03/11/2022 I-4 PROPERTIES 192.00 420742 03/11/2022 JENNIFER MACKINNON 350.00 420743 03/17/2022 PORT CONSOLIDATED INC 1,868.55 420744 03/17/2022 SUNCOAST WELDING SUPPLIES INC 403.37 420745 03/17/2022 COMMUNICATIONS INTERNATIONAL 19,358.51 420746 03/17/2022 SSES INC 108.60 420747 03/17/2022 TEN -8 FIRE EQUIPMENT INC 1,366.35 420748 03/17/2022 PERERS ENTERPRISES INC 9,409.55 420749 03/17/2022 HENRY SCHEIN INC 378.60 420750 03/17/2022 DATA FLOW SYSTEMS INC 1,754.00 420751 03/17/2022 GRAINGER 2,119.37 420752 03/17/2022 VERO MARINE CENTER INC 551.05 420753 03/17/2022 REPUBLIC SERVICES INC 24,183.38 420754 03/17/2022 HACH CO 4,357.12 420755 03/17/2022 LFI FORT PIERCE INC 919.45 420756 03/17/2022 CLIFF BERRY INC 830.20 420757 03/17/2022 AVERY DENNISON CORPORATION 515.43 420758 03/17/2022 AMAZON HOSE & RUBBER COMPANY' 1,414.44 420759 03/17/2022 PATTERSON POPE INC 1,098.13 420760 03/17/2022 BOUND TREE MEDICAL LLC 810.00 420761 03/17/2022 BOUND TREE MEDICAL LLC 6,313.52 420762 03/17/2022 TIRESOLES OF BROWARD INC 4,954.12 420763 03/17/2022 NEWMANS POWER SYSTEMS 741.35 420764 03/17/2022 NEWMANS POWER SYSTEMS 3,551.45 420765 03/17/2022 BLAKESLEE SERVICES INC 750.00 420766 03/17/2022 ODYSSEY MANUFACTURING CO 5,025.74 420767 03/17/2022 GO COASTAL INC 104.50 420768 03/17/2022 SOFTWARE HARDWARE INTEGRATION 1,466.66 420769 03/17/2022 PING INC 657.56 420770 03/17/2022 CITY OF VERO BEACH 471.20 420771 03/17/2022 HOME DEPOT USA INC 147.73 420772 03/17/2022 JANITORIAL DEPOT OF AMERICA INC 573.34 420773 03/17/2022 ROGER CLEVELAND GOLF INC 24,092.25 420774 03/17/2022 ACUSHNET CONWANY 6,322.88 420775 03/17/2022 FEDERAL EXPRESS CORP 18.59 420776 03/17/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 450.00 420777 03/17/2022 TYLER TECHNOLOGIES INC 12,525.00 420778 03/17/2022 COMO OIL COMPANY OF FLORIDA 192.00 420779 03/17/2022 FAMOSO INC 500.32 420780 03/17/2022 CALLAWAY GOLF SALES COMPANY 9,041.80 420781 03/17/2022 FLORIDA POWER AND LIGHT 57,618.18 420782 03/17/2022 TAYLOR MADE GOLF CO INC 983.33 420783 03/17/2022 GLOBAL GOLF SALES INC 32.00 420784 03/17/2022 TREASURE COAST SPORTS COMMISSION INC 500.00 420785 03/17/2022 TROY FAIN INSURANCE INC 108.00 420786 03/17/2022 SOLID WASTE ASSOC OF NORTH AMERICA 223.00 420787 03/17/2022 CARTER & VERPLANCK INC 1,807.00 420788 03/17/2022 TRANSPORTATION CONTROL SYSTEMS 2,472.00 420789 03/17/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 169.00 420790 03/17/2022 IRONSIDE PRESS LLC 115.66 420791 03/17/2022 ELXSI INC 57.41 420792 03/17/2022 BRIDGESTONE AMERICAS INC 1,096.90 420793 03/17/2022 MIDWEST MOTOR SUPPLY CO 417.72 420794 03/17/2022 NATIONAL ASSOCI_ATIONS OF COUNTY 550.00 420795 03/17/2022 TRANE US INC 544.00 420796 03/17/2022 HULETT ENVIRONMENTAL SERVICES 339.50 420797 03/17/2022 FLORIDA DEPT OF JUVENILE JUSTICE 42,392.00 44 TRANS NBR DATE VENDOR AMOUNT 420798 03/17/2022 ELECTRONIC ACCESS SPECIALIST 1,055.70 420799 03/17/2022 ELECTRONIC ACCESS SPECIALIST 805.33 420800 03/17/2022 THE CLEARING COMPANY LLC 2,494.00 420801 03/17/2022 NATIONAL NOTARY ASSOCIATION 38.00 420802 03/17/2022 FASTENAL COMPANY 241.08 420803 03/17/2022 THE SHERWIN WILLIAMS CO 720.85 420804 03/17/2022 SOUTHERN JANITOR SUPPLY INC 5,650.89 420805 03/17/2022 JACKS COMPLETE TREE SERVICE INC 1,400.00 420806 03/17/2022 GLOVER OIL COMPANY INC 99,598.89 420807 03/17/2022 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 5,888.61 420808 03/17/2022 GERELCOM INC 2,056.12 420809 03/17/2022 1ST FIRE & SECURITY INC 737.00 420810 03/17/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 2,390.75 420811 03/17/2022 RUSH TRUCK CENTERS OF FLORIDA 76.46 420812 03/17/2022 FISHER & PHILLIPS LLP 1,711.00 420813 03/17/2022 AFFORDABLE WATER & COFFEE SVC 42.00 420814 03/17/2022 DANA SAFETY SUPPLY INC 654.86 420815 03/17/2022 KWACKS INC 2,022.00 420816 03/17/2022 NICOLACE MARKETING INC 9,764.17 420817 03/17/2022 SOUTHEAST POWER SYSTEMS OF ORLANDO 4,198.06 420818 03/17/2022 GILSON ENGINEERING SALES OF FL 544.67 420819 03/17/2022 GFA INTERNATIONAL INC 21,975.00 420820 03/17/2022 NEWSOM OIL COMPANY 1,446.00 420821 03/17/2022 EASY PICKER GOLF PRODUCTS INC 1,190.16 420822 03/17/2022 MUNICIPAL EMERGENCY SERVICES INC 6,652.53 420823 03/17/2022 MUNICIPAL EMERGENCY SERVICES INC 3,620.65 420824 03/17/2022 BURNETT LIME CO INC 9,965.96 420825 03/17/2022 STRAIGHT OAK LLC 138.64 420826 03/17/2022 STEWART & STEVENSON FDDA LLC 4,096.00 420827 03/17/2022 CHEMTRADE CHEMICALS CORPORTATION 3,411.79 420828 03/17/2022 BAUDVILLE INC 418.49 420829 03/17/2022 SAMBA HOLDINGS INC 1,576.12 420830 03/17/2022 KESSLER CONSULTING INC 11,780.00 420831 03/17/2022 MARKETING SPECIALTIES OF GEORGIA LLC 2,203.20 420832 03/17/2022 TRINOVA-FLORIDA INC 1,172.29 420833 03/17/2022 STS MAINTAIN SERVICES INC 29,985.85 420834 03/17/2022 COBRA GOLF INCORPORATED 1,034.06 420835 03/17/2022 SYLIVIA MILLER 1,345.00 420836 03/17/2022 CATHEDRAL CORPORATION 643.21 420837 03/17/2022 A GREAT FENCE LLC 3,440.00 420838 03/17/2022 UNIFIRST CORPORATION 965.82 420839 03/17/2022 CDA SOLUTIONS INC 19,004.60 420840 03/17/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 4,607.90 420841 03/17/2022 HYDROMAX USA LLC 76,491.00 420842 03/17/2022 BARSALOU VENTURES LLC 867.85 420843 03/17/2022 WURTH USA INC 96.56 420844 03/17/2022 RECYCLE ACROSS AMERICA 250.00 420845 03/17/2022 MATHESON TRI-GAS INC 2,860.00 420846 03/17/2022 COLE AUTO SUPPLY INC 1,765.14 420847 03/17/2022 RHOADES AIR & HEAT 100.00 420848 03/17/2022 KONICA MINOLTA BUSINESS SOLUTIONS 286.68 420849 03/17/2022 DAY DREAMS UNIFORMS INC 1,507.80 420850 03/17/2022 SECURITAS ELECTRONIC SECURITY INC 651.25 420851 03/17/2022 FLORIDA BULB & BALLAST INC 22,014.79 420852 03/17/2022 NESTLE WATERS NORTH AMERICA 414.85 420853 03/17/2022 JOSEPH ELLIOTT USA LLC 413.20 420854 03/17/2022 ENVIRONMENTAL OPERATING SOLUTION INC 18,483.96 420855 03/17/2022 CALVIN GIORDANO & ASSOCIATES INC 22,907.50 420856 03/17/2022 AUTOMATED DIRECT MAIL SERVICE CENTER INC 6,120.20 420857 03/17/2022 JOE PAYNE INC 12,459.20 45 TRANS NBR DATE VENDOR AMOUNT 420858 03/17/2022 ABISCOM INC 345.36 420859 03/17/2022 OSBURN ASSOCIATES INC 248.82 420860 03/17/2022 DIRECTV GROUP INC 102.39 420861 03/17/2022 EMPIRE PIPE ORLANDO LLC 18,630.99 420862 03/17/2022 AMAZON CAPITAL SERVICES INC 2,399.95 420863 03/17/2022 CALITEN LLC 44.30 420864 03/17/2022 PACE ANALYTICAL SERVICES LLC 268.80 420865 03/17/2022 AMERIGAS PROPANE LP 1,220.72 420866 03/17/2022 JORDAN POWER EQUIPMENT CORP 104.93 420867 03/17/2022 LIBERTY TIRE RECYCLING LLC 10,223.40 420868 03/17/2022 MULLINAX FORD OF VERO BEACH 2,237.88 420869 03/17/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 401.62 420870 03/17/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 605.29 420871 03/17/2022 DESK SPINCO INC 2,558.15 420872 03/17/2022 FERGUSON US HOLDINGS INC 23,122.30 420873 03/17/2022 STAPLES INC 655.33 420874 03/17/2022 LOWES COMPANIES INC 6,515.29 420875 03/17/2022 SMI TRADING LLC 191.91 420876 03/17/2022 NURSERYMENS SURE GRO CORP 219.40 420877 03/17/2022 QUADMED INC 2,244.55 420878 03/17/2022 BRITTON INDUSTRIES INC 259.20 420879 03/17/2022 HIREQUEST LLC 9,024.96 420880 03/17/2022 PETERBILT STORE SOUTH FLORIDA LLC 336.94 420881 03/17/2022 INTERNATIONAL BRONZE PLAQUE CO INC 149.00 420882 03/17/2022 A TEAM OF THE TREASURE COAST INC 1,423.00 420883 03/17/2022 MARUBENI AMERICA CORPORATION 632.00 420884 03/17/2022 INDUSTRIAL LAUNDRY SERVICES EQUIPMENT LLC 473.18 420885 03/17/2022 41 NORTH MEDIA LLC 1,500.00 420886 03/17/2022 CONSOLIDATED WATER GROUP LLC 5.31 420887 03/17/2022 PB PARENT HOLDCO LP 227.50 420888 03/17/2022 BUFFALOE GRAPHICS CORPORATION 8,719.00 420889 03/17/2022 TPH HOLDINGS LLC 226.61 420890 03/17/2022 LEGENDARY HEADWEAR 642.75 420891 03/17/2022 COMMUNICATIONS INTERNATIONAL 103,373.84 420892 03/17/2022 AT&T WIRELESS 172.92 420893 03/17/2022 AT&T WIRELESS 969.10 420894 03/17/2022 AT&T CORP 3,337.01 420895 03/17/2022 AT&T CORP 1,297.63 420896 03/17/2022 AT&T CORP 1,546.37 420897 03/17/2022 AT&T CORP 1,683.63 420898 03/17/2022 AT&T CORP 1,166.83 420899 03/17/2022 INTERNATIONAL GOLF MAINTENANCE INC 990.00 420900 03/17/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 17.12 420901 03/17/2022 FLORIDA RECREATION & PARK ASSOC INC 250.00 420902 03/17/2022 FLORIDA POWER AND LIGHT 2,869.48 420903 03/17/2022 LANGUAGE LINE SERVICES INC 112.50 420904 03/17/2022 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 250.00 420905 03/17/2022 CELICO PARTNERSHIP 4,954.21 420906 03/17/2022 MBV ENGINEERING INC 20,995.00 420907 03/17/2022 DIVOSTA HOMES LP 881,157.08 420908 03/17/2022 THOMAS B SHEARMAN 445.60 420909 03/17/2022 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 625.00 420910 03/17/2022 NAPIER & ROLLIN PLLC 335.00 420911 03/17/2022 CARDNOINC 20,065.35 420912 03/17/2022 STATE OF FLORIDA 19,644.95 420913 03/17/2022 GATEWAY SERVICES USA LLC 196.00 420914 03/17/2022 WITT O'BRIEN'S LLC 426.25 420915 03/17/2022 LOW BUDGET ROCK STAR ENTERTAINMENT LLC 500.00 420916 03/17/2022 SUBSTANCE ABUSE COUNCIL OF 500.00 420917 03/17/2022 GEO-COMM INC 77,889.32 46 TRANS NBR DATE VENDOR AMOUNT 420918 03/17/2022 SANDHILL ENVIRONMENTAL SERVICES LLC 7,003.68 420919 03/17/2022 LAURA'S SEWING & FABRIC SHOP 150.00 420920 03/17/2022 DIVENTURES LLC 104,170.30 420921 03/17/2022 RICHARD SIEGEL 82.50 420922 03/17/2022 MARGARET DONEGAN 340.02 420923 03/17/2022 ROBERT FISH 60.00 420924 03/17/2022 CATHY TODD 79.32 420925 03/17/2022 UTIL REFUNDS 37.75 420926 03/17/2022 UTIL REFUNDS 33.30 420927 03/17/2022 UTIL REFUNDS 71.46 420928 03/17/2022 UTIL REFUNDS 34.52 420929 03/17/2022 UTIL REFUNDS 130.54 420930 03/17/2022 UTIL REFUNDS 127.86 420931 03/17/2022 UTIL REFUNDS 27.21 420932 03/17/2022 UTIL REFUNDS 2,155.43 420933 03/17/2022 UTIL REFUNDS 461.37 420934 03/17/2022 UTIL REFUNDS 49.56 420935 03/17/2022 UTIL REFUNDS 30.91 420936 03/17/2022 UTIL REFUNDS 57.17 420937 03/17/2022 UTIL REFUNDS 84.24 420938 03/17/2022 UTIL REFUNDS 60.84 420939 03/17/2022 UTIL REFUNDS 35.74 420940 03/17/2022 UTIL REFUNDS 58.49 420941 03/17/2022 UTIL REFUNDS 66.75 420942 03/17/2022 UTIL REFUNDS 28.88 420943 03/17/2022 UTIL REFUNDS 42.40 420944 03/17/2022 UTIL REFUNDS 79.75 420945 03/17/2022 UTIL REFUNDS 143.23 420946 03/17/2022 UTIL REFUNDS 100.00 420947 03/17/2022 UTIL REFUNDS 29.72 420948 03/17/2022 UTIL REFUNDS 38.62 420949 03/17/2022 UTIL REFUNDS 74.84 420950 03/17/2022 UTIL REFUNDS 40.19 420951 03/17/2022 UTIL REFUNDS 49.59 420952 03/17/2022 UTIL REFUNDS 67.99 420953 03/17/2022 UTIL REFUNDS 23.96 420954 03/17/2022 UTIL REFUNDS 31.87 420955 03/17/2022 UTIL REFUNDS 82.01 420956 03/17/2022 UTIL REFUNDS 60.32 420957 03/17/2022 UTIL REFUNDS 74.57 420958 03/17/2022 UTIL REFUNDS 55.52 420959 03/17/2022 UTIL REFUNDS 58.34 420960 03/17/2022 UTIL REFUNDS 84.04 420961 03/17/2022 UTIL REFUNDS 56.97 420962 03/17/2022 UTIL REFUNDS 26.21 420963 03/17/2022 UTIL REFUNDS 15.86 420964 03/17/2022 UTIL REFUNDS 23.53 420965 03/17/2022 UTIL REFUNDS 27.32 420966 03/17/2022 UTIL REFUNDS 77.72 420967 03/17/2022 UTIL REFUNDS 50.00 420968 03/17/2022 UTIL REFUNDS 1.71 420969 03/17/2022 UTIL REFUNDS 50.27 420970 03/17/2022 UTIL REFUNDS 16.99 420971 03/17/2022 UTIL REFUNDS 49.96 420972 03/17/2022 UTIL REFUNDS 148.36 420973 03/17/2022 UTIL REFUNDS 67.06 420974 03/17/2022 UTIL REFUNDS 45.29 420975 03/17/2022 UTIL REFUNDS 77.84 420976 03/17/2022 UTIL REFUNDS 3.61 420977 03/17/2022 UTIL REFUNDS 51.71 47 TRANS NBR DATE VENDOR AMOUNT 420978 03/17/2022 UTIL REFUNDS 29.71 420979 03/17/2022 UTIL REFUNDS 77.50 420980 03/17/2022 UTIL REFUNDS 73.60 420981 03/17/2022 UTIL REFUNDS 37.61 420982 03/17/2022 UT11L REFUNDS 40.92 420983 03/17/2022 UTIL REFUNDS 72.16 420984 03/17/2022 UTIL REFUNDS 177.96 420985 03/17/2022 UTI, REFUNDS 69.31 420986 03/17/2022 UTIL REFUNDS 84.69 420987 03/17/2022 UTIL REFUNDS 55.63 420988 03/17/2022 UTIL REFUNDS 14.73 420989 03/17/2022 UTI, REFUNDS 35.04 420990 03/17/2022 UTIL REFUNDS 56.97 420991 03/17/2022 UTIL REFUNDS 65.74 420992 03/17/2022 UTIL REFUNDS 92.97 420993 03/17/2022 UTIL REFUNDS 35.26 420994 03/17/2022 UTIL REFUNDS 42.40 420995 03/17/2022 UTIL REFUNDS 21.58 420996 03/17/2022 UTIL REFUNDS 66.62 420997 03/17/2022 UTIL REFUNDS 750.17 420998 03/17/2022 UTIL REFUNDS 81.10 420999 03/17/2022 UTIL REFUNDS 38.82 421000 03/17/2022 UTIL REFUNDS 34.93 421001 03/17/2022 UTIL REFUNDS 51.96 421002 03/17/2022 UTIL REFUNDS 23.68 421003 03/17/2022 UTIL REFUNDS 49.34 421004 03/17/2022 UTIL REFUNDS 66.28 421005 03/17/2022 UTIL REFUNDS 82.36 421006 03/17/2022 UTII, REFUNDS 14.74 421007 03/17/2022 UTIL REFUNDS 72.79 421008 03/17/2022 UTIL REFUNDS 33.79 421009 03/17/2022 UTIL REFUNDS 41.22 421010 03/17/2022 UTIL REFUNDS 36.59 421011 03/17/2022 UTIL REFUNDS 83.18 421012 03/17/2022 UTIL REFUNDS 74.56 421013 03/17/2022 UTIL REFUNDS 178.08 421014 03/17/2022 UTIL REFUNDS 83.49 421015 03/17/2022 SHELLEYNOWLIN 30.00 421016 03/17/2022 KATIE MARLEAU 244.50 421017 03/17/2022 ABOUT PHASE ACADEMY LLC 925.00 421018 03/17/2022 JORDAN MONTEROSSO 30.00 Grand Total: 2,063,046.71 48 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 901818 03/11/2022 901819 03/11/2022 901820 03/11/2022 901821 03/11/2022 901822 03/11/2022 901823 03/17/2022 Grand Total: VENDOR CREATIVE CHOICE HOMES XVI LTD FLORIDA POWER AND LIGHT ORCHARD GROVE VENTURE LLC STAPLESINC BEDS4HIM INC BEDS41-11M INC AMOUNT 362.00 20.00 1,613.00 67.90 1,085.00 370.00 3,517.90 49 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019341 03/11/2022 AT&T CORP 971.00 1019342 03/11/2022 AT&T CORP 5.76 1019343 03/11/2022 AT&T CORP 198.00 1019344 03/11/2022 AT&T CORP 5,384.63 1019345 03/11/2022 AT&T CORP 2,217.50 1019346 03/11/2022 AT&T CORP 5.29 1019347 03/11/2022 OFFICE DEPOT INC 862.44 1019348 03/11/2022 COMCAST 396.10 1019349 03/11/2022 WASTE MANAGEMENT INC OF FLORIDA 1,172.30 1019350 03/11/2022 IMAGENET CONSULTING LLC 185.00 1019351 03/17/2022 INDIAN RIVER BATTERY 132.45 1019352 03/17/2022 INDIAN RIVER OXYGEN INC 558.95 1019353 03/17/2022 INDIAN RIVER OXYGEN INC 3,522.28 1019354 03/17/2022 APPLE INDUSTRIAL SUPPLY CO 1,185.75 1019355 03/17/2022 GALLS LLC 372.63 1019356 03/17/2022 IRRIGATION CONSULTANTS UNLIMITED INC 264.31 1019357 03/17/2022 GROVE WELDERS INC 678.10 1019358 03/17/2022 WIGINTON CORPORATION 8,053.00 1019359 03/17/2022 FIRST HOSPITAL LABORATORIES INC 955.00 1019360 03/17/2022 APPLE MACHINE & SUPPLY CO 1,281.23 1019361 03/17/2022 TOTAL TRUCK PARTS INC 460.96 1019362 03/17/2022 THOMPSON TRACTOR 245.09 1019363 03/17/2022 RECHTIEN INTERNATIONAL TRUCKS 1,043.98 1019364 03/17/2022 HARCROS CHEMICALS, INC. 3,487.40 1019365 03/17/2022 GREEN EQUIPMENT COMPANY 501.00 1019366 03/17/2022 AUTO PARTNERS LLC 1,572.51 1019367 03/17/2022 L&L DISTRIBUTORS 715.92 1019368 03/17/2022 STAT MEDICAL DISPOSAL INC 565.00 1019369 03/17/2022 NEXAIR LLC 60.92 1019370 03/17/2022 EFE INC 12,637.22 1019371 03/17/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 105.70 Grand Total: 49,797.42 50 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9400 03/11/2022 RX BENEFITS INC 716,435.24 9401 03/11/2022 FLORIDA DEPARTMENT OF REVENUE 4,101.78 9402 03/11/2022 FLORIDA DEPARTMENT OF REVENUE 2,508.33 9403 03/11/2022 FLORIDA DEPARTMENT OF REVENUE 1,313.48 9404 03/11/2022 FLORIDA DEPARTMENT OF REVENUE 39,205.93 9405 03/11/2022 VEROTOWN LLC 335,465.54 9406 03/11/2022 TIMOTHY ROSE CONTRACTING INC 316,570.40 9407 03/14/2022 PUBLIC DEFENDER 15,601.00 9408 03/14/2022 IRS -PAYROLL TAXES 13,487.46 9409 03/15/2022 RX BENEFITS INC 191,528.68 9410 03/15/2022 INDIAN RIVER COUNTY SHERIFF 105,835.71 9411 03/17/2022 SCHOOL DISTRICT OF I R COUNTY 52,046.00 9412 03/17/2022 KIMLEY HORN & ASSOC INC 18,822.60 9413 03/17/2022 NATIONAL METERING SERVICES INC 19,378.10 Grand Total: 1,832,300.25 51 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 24, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 18, 2022 to March 24, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of March 18, 2022 to March 24, 2022. 52 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 421019 03/18/2022 UNITED WAY OF INDIAN RIVER COUNTY 699.00 421020 03/18/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,069.60 421021 03/18/2022 NORTH CAROLINA CHILD SUPPORT 105.69 421022 03/18/2022 AMERITAS 743.74 421023 03/18/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 421024 03/18/2022 VERO CHEMICAL DISTRIBUTORS INC 662.80 421025 03/18/2022 CHISHOLM CORP OF VERO 391.00 421026 03/18/2022 GRAINGER 86.17 421027 03/18/2022 INDIAN RIVER ALL FAB INC 3,826.19 421028 03/18/2022 LIVINGSTON PAGE 200.00 421029 03/18/2022 FEDERAL EXPRESS CORP 18.56 421030 03/18/2022 FAMOSO INC 427.68 421031 03/18/2022 FLORIDA POWER AND LIGHT 14,453.96 421032 03/18/2022 WALTER KOMARNICKI SR 250.00 421033 03/18/2022 HIBISCUS CHILDRENS CENTER INC 8,115.61 421034 03/18/2022 IRC HEALTHY START COALITION INC 9,708.33 421035 03/18/2022 BE SAFE SECURITY ALARMS INC 374.70 421036 03/18/2022 HENRY SMITH 175.00 421037 03/18/2022 JOHN BROWN & SONS INC 11,800.00 421038 03/18/2022 DAVCO ELECTRICAL CONTRACTORS CORP 287.00 421039 03/18/2022 HULETT ENVIRONMENTAL SERVICES 18.00 421040 03/18/2022 DASIE BRIDGEWATER HOPE CENTER INC 4,137.75 421041 03/18/2022 THE SHERWIN WILLIAMS CO 97.02 421042 03/18/2022 JOHNNY B SMITH 150.00 421043 03/18/2022 DANE MACDONALD 150.00 421044 03/18/2022 KWACKS INC 1,378.00 421045 03/18/2022 YOUTH GUIDANCE DONATION FUND 2,210.25 421046 03/18/2022 MONICA L FOLK 1,050.00 421047 03/18/2022 CARROT TOP INDUSTRIES INC 162.08 421048 03/18/2022 ALEX MIKLO 125.00 421049 03/18/2022 FLORIDA DESIGN DRILLING CORP 6,500.00 421050 03/18/2022 HAWKINS INC 1,404.20 421051 03/18/2022 CATHEDRAL CORPORATION 785.29 421052 03/18/2022 UNIFIRST CORPORATION 142.80 421053 03/18/2022 ROBERT O RICHARDSON III 505.00 421054 03/18/2022 BETH NOLAN 60.00 421055 03/18/2022 CORE & MAIN LP 10,712.37 421056 03/18/2022 WOERNER AGRIBUSINESS LLC 152.00 421057 03/18/2022 TYKES & TEENS INC 7,573.19 421058 03/18/2022 ALL AMERICAN TRAILER CONNECTION INC 2,592.00 421059 03/18/2022 JOHN J DRISCOLL 475.00 421060 03/18/2022 DAVID MIKE 150.00 421061 03/18/2022 THE HOPE FOR FAMILIES CENTER INC 3,651.73 421062 03/18/2022 AUSTIN REYNOLDS 75.00 421063 03/18/2022 MISS B'S LEARNING BEES 3,838.00 421064 03/18/2022 JORDAN POWER EQUIPMENT CORP 54.97 421065 03/18/2022 DERECK R PRINCE 25.00 421066 03/18/2022 JUDITH A BURLEY 269.00 421067 03/18/2022 MT CAUSLEY LLC 27,962.00 421068 03/18/2022 FERGUSON US HOLDINGS INC 930.00 421069 03/18/2022 LOWES COMPANIES INC 184.30 421070 03/18/2022 CHRIS ZAVESKY 275.00 421071 03/18/2022 ROBERT A HUDSON 150.00 421072 03/18/2022 REBECCA SIPLAK 24.00 421073 03/18/2022 THEODORE SEMI 575.00 421074 03/18/2022 AQUATIC WEED CONTROL INC 145.00 421075 03/18/2022 CARLON INC 145.00 421076 03/18/2022 LAWRENCE F WALLIN 75.00 53 TRANS NBR DATE VENDOR AMOUNT 421077 03/18/2022 CRYSTAL MCANELLY DIVERS 10.00 421078 03/18/2022 ALEX RICHARDSON 125.00 421079 03/18/2022 SEVEN ISLES CAPITAL 300.00 421080 03/18/2022 SCOTT SEELEY 175.00 421081 03/18/2022 COFFEY BROTHERS INC 588.70 421082 03/18/2022 RONALD MARASCO SR 225.00 421083 03/18/2022 ELIFEGUARD INC 605.93 421084 03/18/2022 TAYLOR NELSON AUXIER 50.00 421085 03/24/2022 PORT CONSOLIDATED INC 10,895.66 421086 03/24/2022 TEN -8 FIRE EQUIPMENT INC 2,896.34 421087 03/24/2022 RANGER CONSTRUCTION IND INC 1,611.39 421088 03/24/2022 VERO CHEMICAL • DISTRIBUTORS INC 742.65 421089 03/24/2022 RICOH USA INC 44.87 421090 03/24/2022 SAFETY PRODUCTS INC 383.95 421091 03/24/2022 DATA FLOW SYSTEMS INC 970.18 421092 03/24/2022 LINDEN-BEALS CORP 280.11 421093 03/24/2022 PARALEE COMPANY INC 690.90 421094 03/24/2022 E -Z BREW COFFEE & BOTTLE WATER SVC 54.00 421095 03/24/2022 GRAINGER 331.47 421096 03/24/2022 KELLY TRACTOR CO 2,423.99 421097 03/24/2022 WILD LAND ENTERPRISES INC 19.60 421098 03/24/2022 HACH CO 2,738.50 421099 03/24/2022 LFI FORT PIERCE INC 906.32 421100 03/24/2022 MASTELLER MOLER & TAYLOR INC 800.00 421101 03/24/2022 SMITH BROTHERS CONTRACTING EQUIP 310.75 421102 03/24/2022 BOUND TREE MEDICAL LLC 1,638.67 421103 03/24/2022 EXPRESS REEL GRINDING INC 2,830.00 421104 03/24/2022 TIRESOLES OF BROWARD INC 1,414.00 421105 03/24/2022 CHILDCARE RESOURCES OF IRC INC 42,070.40 421106 03/24/2022 DELL MARKETING LP 3,092.85 421107 03/24/2022 MIDWEST TAPE LLC 1,398.84 421108 03/24/2022 HUDSON PUMP & EQUIPMENT 1,800.00 421109 03/24/2022 HARRINGTON INDUSTRIAL PLASTICS LLC 74.03 421110 03/24/2022 CENGAGE LEARNING INC 1,702.96 421111 03/24/2022 PENWORTHY COMPANY 1,493.59 421112 03/24/2022 PAUL CARONE 7,461.00 421113 03/24/2022 WILLIE C REAGAN 1,880.00 421114 03/24/2022 CLERK OF CIRCUIT COURT 1,048.30 421115 03/24/2022 CITY OF VERO BEACH 5,692.83 421116 03/24/2022 UNITED STATES POSTAL SERVICE 20,000.00 421117 03/24/2022 TREASURE COAST HOMELESS SERVICES 648.92 421118 03/24/2022 TREASURE COAST HOMELESS SERVICES 7,331.00 421119 03/24/2022 BRACKETT FAMILY LIMITED PARTNERSHIP 1,167.00 421120 03/24/2022 COMO OIL COMPANY OF FLORIDA 804.69 421121 03/24/2022 FLORIDA POWER AND LIGHT 90,136.98 421122 03/24/2022 FLORIDA POWER AND LIGHT 5,186.95 421123 03/24/2022 GIFFORD YOUTH ACHIEVEMENT CENTER INC 17,609.53 421124 03/24/2022 CITY OF FELLSMERE 312.29 421125 03/24/2022 PEACE RIVER ELECTRIC COOP INC 31.13 421126 03/24/2022 TREASURE COAST SPORTS COMMISSION INC 1,289.83 421127 03/24/2022 ESRI INC 2,337.00 421128 03/24/2022 INDIAN RIVER FARMS WATER CNTRL DIST 100.00 421129 03/24/2022 LARRY STALEY 706.00 421130 03/24/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 49.50 421131 03/24/2022 ELXSI INC 3,119.97 421132 03/24/2022 DAVID SPARKS 808.00 421133 03/24/2022 FORT PIERCE HOUSING AUTHORITY 775.00 421134 03/24/2022 BRIDGESTONE AMERICAS INC 2,179.32 421135 03/24/2022 MIDWEST MOTOR SUPPLY CO 2,741.97 421136 03/24/2022 THE PALMS AT VERO BEACH 2,355.00 54 TRANS NBR DATE VENDOR AMOUNT 421137 03/24/2022 PERKINS COMPOUNDING PHARMACY 205.68 421138 03/24/2022 TRANE US INC 809.00 421139 03/24/2022 HULETT ENVIRONMENTAL SERVICES 685.00 421140 03/24/2022 U S BANK NATIONAL ASSOCIATION 944.69 421141 03/24/2022 ARTHUR PRUETT 734.00 421142 03/24/2022 SYNAGRO-WWTINC 57,177.99 421143 03/24/2022 BIG BROTHERS AND BIG SISTERS 1,250.00 421144 03/24/2022 BIG BROTHERS AND BIG SISTERS 5,491.16 421145 03/24/2022 FASTENAL COMPANY 1,914.17 421146 03/24/2022 SOUTHERN JANITOR SUPPLY INC 240.48 421147 03/24/2022 MICHAEL JAHOLKOWSKI 547.00 421148 03/24/2022 GLOVER OIL COMPANY INC 64,202.27 421149 03/24/2022 MITCHELL REPAIR INFORMATION COMPANY LLC 4,860.00 421150 03/24/2022 CAROLE J MADIGAN 680.00 421151 03/24/2022 ORCHID ISLAND PROPERTY MGMT II INC 11,694.00 421152 03/24/2022 1 ST FIRE & SECURITY INC 150.00 421153 03/24/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 2,665.38 421154 03/24/2022 SUNCOAST REALTY & RENTAL MGMT LLC 658.00 421155 03/24/2022 PAK MAIL 17.15 421156 03/24/2022 PAMELA R CUMMINGS 689.00 421157 03/24/2022 SUMMERLINS MARINE CONST LLC 2,400.00 421158 03/24/2022 FLORIDA HOUSING COALITION INC 200.00 421159 03/24/2022 MENTAL HEALTH ASSOCIATION IRC INC 7,237.40 421160 03/24/2022 INDIAN RIVER RDA LP 1,520.00 421161 03/24/2022 PETER J CAS SARA 2,750.00 421162 03/24/2022 INDIAN RIVER SOCCER ASSOCIATION 2,500.00 421163 03/24/2022 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 4,367.22 421164 03/24/2022 TSC JACOBS INC 487.92 421165 03/24/2022 WINSUPPLY OF VERO BEACH 288.42 421166 03/24/2022 OKEECHOBEE PARTNERS LLC 807.00 421167 03/24/2022 BRENNTAG MID -SOUTH INC 6,696.08 421168 03/24/2022 TREASURE COAST SWIMMING LLC 1,500.00 421169 03/24/2022 ATLANTIC COASTAL LAND TITLE CO LLC 255.00 421170 03/24/2022 CLOVERLEAF CORPORATION 15,003.00 421171 03/24/2022 FLORIDA ARMATURE WORKS INC 4,162.66 421172 03/24/2022 FLORIDA COAST EQUIPMENT INC 8,420.12 421173 03/24/2022 OVERDRIVE INC 4,022.82 421174 03/24/2022 MISS INC OF THE TREASURE COAST 2,571.00 421175 03/24/2022 XYLEM WATER SOLUTION USA INC 4,986.17 421176 03/24/2022 AUTOMATIONDIRECT.COM INC 1,230.00 421177 03/24/2022 FIVE STAR PROPERTY HOLDING LLC 1,060.00 421178 03/24/2022 MUNICIPAL EMERGENCY SERVICES INC 111,125.00 421179 03/24/2022 MUNICIPAL EMERGENCY SERVICES INC 1,404.10 421180 03/24/2022 BURNETT LIME CO INC 13,302.06 421181 03/24/2022 LEARNING ALLIANCE 12,330.70 421182 03/24/2022 SOUTHERN MANAGEMENT LLC 4,760.00 421183 03/24/2022 STEWART & STEVENSON FDDA LLC 13,039.46 421184 03/24/2022 CHEMTRADE CHEMICALS CORPORTATION 3,032.58 421185 03/24/2022 STS MAINTAIN SERVICES INC 22,338.90 421186 03/24/2022 MORRELL MANUFACTURING INC 415.84 421187 03/24/2022 AUGUSTUS B FORT JR 891.00 421188 03/24/2022 UNIFIRST CORPORATION 1,830.50 421189 03/24/2022 H&H SHADOWBROOK LLC 689.00 421190 03/24/2022 CDA SOLUTIONS INC 1,037.87 421191 03/24/2022 GOTTA GO GREEN ENTERPISES INC 190.68 421192 03/24/2022 HYDROMAX USA LLC 47,362.00 421193 03/24/2022 BARSALOU VENTURES LLC 204.00 421194 03/24/2022 CROSSOVER MISSION INC 7,083.00 421195 03/24/2022 FREEDOM ROOFERS LLC 15,025.00 421196 03/24/2022 HELPING HANDS REAL ESTATE & INVESTMENT CO 3,073.00 55 TRANS NBR DATE VENDOR AMOUNT 421197 03/24/2022 ALIX DENEAU 750.00 421198 03/24/2022 MATHESON TRI-GAS INC 5,270.20 421199 03/24/2022 COLE AUTO SUPPLY INC 5,075.98 421200 03/24/2022 RHOADES AIR & HEAT 5,600.00 421201 03/24/2022 BONIFACE NIERS CYCLES INC 8,644.96 421202 03/24/2022 TARGET SOLUTIONS LEARNING LLC 30,750.00 421203 03/24/2022 KONICA MINOLTA BUSINESS SOLUTIONS 98.90 421204 03/24/2022 NKW PIP HOLDINGS I LLC 1,963.00 421205 03/24/2022 CORE & MAIN LP 18,136.47 421206 03/24/2022 DJD EQUIPMENT HOLDINGS LLC 2,770.91 421207 03/24/2022 KARL POKRANDT 1,072.00 421208 03/24/2022 OSBURN ASSOCIATES INC 7,465.60 421209 03/24/2022 ENGINEERED SERVICES INC 34.00 421210 03/24/2022 BRANDON ROUER 1,013.00 421211 03/24/2022 HINTERLAND GROUP INC 121,570.00 421212 03/24/2022 HUDSON CONSULTING & MANAGEMENT LLC 997.00 421213 03/24/2022 AMAZON CAPITAL SERVICES INC 1,890.38 421214 03/24/2022 TREASURE COAST PLUMBING LLC 5,353.00 421215 03/24/2022 PACE ANALYTICAL SERVICES LLC 453.60 421216 03/24/2022 AMERIGAS PROPANE LP 5,730.51 421217 03/24/2022 JORDAN POWER EQUIPMENT CORP 2,158.87 421218 03/24/2022 LIBERTY TIRE RECYCLING LLC 6,495.00 421219 03/24/2022 MULLINAX FORD OF VERO BEACH 2,171.22 421220 03/24/2022 SEBASTIAN RIVER ROWING INC 3,000.00 421221 03/24/2022 SHARON P BRENNAN 661.00 421222 03/24/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 48.35 421223 03/24/2022 DESK SPINCO INC 194.94 421224 03/24/2022 IXORIA LLC 711.00 421225 03/24/2022 A PLUS PROPERTY MANAGEMENT INC 10,913.57 421226 03/24/2022 FERGUSON US HOLDINGS INC 6,387.96 421227 03/24/2022 BLUE GOOSE CONSTRUCTION LLC 264.16 421228 03/24/2022 ORCHARD GROVE VENTURE LLC 675.00 421229 03/24/2022 STAPLES INC 570.79 421230 03/24/2022 LOWES COMPANIES INC 1,447.57 421231 03/24/2022 SMI TRADING LLC 10.36 421232 03/24/2022 GEORGIA KING LLC 757.00 421233 03/24/2022 BREGO PROPERTIES LLC 2,021.00 421234 03/24/2022 SREIT LEXINGTON CLUB LLC 3,974.00 421235 03/24/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 347.00 421236 03/24/2022 JLA GEOSCIENCES INC 3,585.00 421237 03/24/2022 ZOLL MEDICAL CORPORATION 6,781.20 421238 03/24/2022 MARLBROS HOLDINGS LLC 1,133.00 421239 03/24/2022 JARROD CANNON 1,003.00 421240 03/24/2022 BRITTON INDUSTRIES INC 267.16 421241 03/24/2022 CW ROBERTS CONTRACTING INC 288,615.50 421242 03/24/2022 FUN EXPRESS LLC 186.85 421243 03/24/2022 VERO BEACH PLACE LLC 829.00 421244 03/24/2022 SILVER ORANGE LLC 730.00 421245 03/24/2022 HIREQUEST LLC 4,245.12 421246 03/24/2022 SEUNG KIM 708.00 421247 03/24/2022 MICHAEL MILLER 1,459.00 421248 03/24/2022 JBM PROPERTY MANAGEMENT LLC 1,400.00 421249 03/24/2022 RS REALTY ADVISORS LLC 2,810.00 421250 03/24/2022 STEVEN GIORDANO 2,600.00 421251 03/24/2022 NELOK INC 2,338.00 421252 03/24/2022 WESTERN OILFIELDS SUPPLY COMPANY 5,665.23 421253 03/24/2022 GOMEZ BROTHERS CONTRACT SERVICES 180.00 421254 03/24/2022 WILLIAM J LAHEY 1,609.00 421255 03/24/2022 SONIA SUSAN SOSA 993.00 421256 03/24/2022 ULTIMATE PROPERTIES & LOGISTICS LLC 856.00 56 TRANS NBR DATE VENDOR AMOUNT 421257 03/24/2022 SHRIEVE CHEMICAL CO LLC 17,527.34 421258 03/24/2022 BTAC HOLDING CORP 7,347.73 421259 03/24/2022 SEVEN ISLES CAPITAL 1,431.00 421260 03/24/2022 OSCAR ALVARADO 709.00 421261 03/24/2022 UTIL REFUNDS 24.86 421262 03/24/2022 UTIL REFUNDS 52.26 421263 03/24/2022 UTIL REFUNDS 68.18 421264 03/24/2022 UTIL REFUNDS 36.57 421265 03/24/2022 UTIL REFUNDS 54.62 421266 03/24/2022 UTIL REFUNDS 13.18 421267 03/24/2022 UTIL REFUNDS 100.44 421268 03/24/2022 UTIL REFUNDS 88.67 421269 03/24/2022 UTIL REFUNDS 88.44 421270 03/24/2022 UTIL REFUNDS 10.93 421271 03/24/2022 UTIL REFUNDS 66.95 421272 03/24/2022 UTIL REFUNDS 14.43 421273 03/24/2022 UTIL REFUNDS 52.52 421274 03/24/2022 UTIL REFUNDS 3.20 421275 03/24/2022 UTIL REFUNDS 15.71 421276 03/24/2022 UTIL REFUNDS 33.88 421277 03/24/2022 UTIL REFUNDS 54.42 421278 03/24/2022 UTIL REFUNDS 132.82 421279 03/24/2022 UTIL REFUNDS 46.45 421280 03/24/2022 UTIL REFUNDS 37.87 421281 03/24/2022 UTIL REFUNDS 40.33 421282 03/24/2022 UTIL REFUNDS 49.38 421283 03/24/2022 UTIL REFUNDS 40.30 421284 03/24/2022 UTIL REFUNDS 70.33 421285 03/24/2022 UTIL REFUNDS 44.80 421286 03/24/2022 UTIL REFUNDS 44.71 421287 03/24/2022 UTIL REFUNDS 7.48 421288 03/24/2022 UTIL REFUNDS 41.91 421289 03/24/2022 UTIL REFUNDS 57.75 421290 03/24/2022 UTIL REFUNDS 12.16 421291 03/24/2022 UTIL REFUNDS 373.05 421292 03/24/2022 UTIL REFUNDS 73.00 421293 03/24/2022 UTIL REFUNDS 88.08 421294 03/24/2022 UTI, REFUNDS 68.59 421295 03/24/2022 UTIL REFUNDS 72.68 421296 03/24/2022 UTIL REFUNDS 50.00 421297 03/24/2022 UTIL REFUNDS 18.95 421298 03/24/2022 UTIL REFUNDS 43.78 421299 03/24/2022 UTIL REFUNDS 7.52 421300 03/24/2022 UTIL REFUNDS 45.19 421301 03/24/2022 UTIL REFUNDS 22.41 421302 03/24/2022 UTIL REFUNDS 134.36 421303 03/24/2022 UTIL REFUNDS 30.88 421304 03/24/2022 UTIL REFUNDS 42.85 421305 03/24/2022 UTIL REFUNDS 38.99 421306 03/24/2022 UTIL REFUNDS 41.34 421307 03/24/2022 UTIL REFUNDS 13.84 421308 03/24/2022 UTIL REFUNDS 25.73 421309 03/24/2022 UTIL REFUNDS 81.80 421310 03/24/2022 UTIL REFUNDS 73.68 421311 03/24/2022 COMMUNICATIONS INTERNATIONAL 25,843.46 421312 03/24/2022 KIMLEY HORN & ASSOC INC 5,283.33 421313 03/24/2022 AT&T WIRELESS 16.33 421314 03/24/2022 AT&T WIRELESS 43.23 421315 03/24/2022 AT&T WIRELESS 91.52 421316 03/24/2022 AT&T WIRELESS 144.96 57 TRANS NBR DATE VENDOR AMOUNT 421317 03/24/2022 AT&T WIRELESS 152.92 421318 03/24/2022 AT&T WIRELESS 651.31 421319 03/24/2022 AT&T WIRELESS 993.74 421320 03/24/2022 AT&T WIRELESS 1,047.45 421321 03/24/2022 ATKINS NORTH AMERICA INC 4,804.19 421322 03/24/2022 CLERK OF CIRCUIT COURT 62.50 421323 03/24/2022 INDIAN RIVER COUNTY HEALTH DEPT 420.00 421324 03/24/2022 INDIAN RIVER COUNTY HEALTH DEPT 64,633.66 421325 03/24/2022 VICTIM ASSISTANCE PROGRAM 6,485.91 421326 03/24/2022 ROGER J NICOSIA 1,500.00 421327 03/24/2022 CITY OF VERO BEACH 2,350.70 421328 03/24/2022 CITY OF VERO BEACH 11,987.50 421329 03/24/2022 AT&T CORP 1,604.06 421330 03/24/2022 GEOSYNTEC CONSULTANTS INC 47,451.04 421331 03/24/2022 STATE ATTORNEY 8,212.68 421332 03/24/2022 AMERON HOMES INC 9,714.48 421333 03/24/2022 ST LUCIE COUNTY BOCC 40,484.33 421334 03/24/2022 ARCADIS U S INC 5,174.50 421335 03/24/2022 CELICO PARTNERSHIP 4,305.02 421336 03/24/2022 MASTELLER & MOLER INC 2,154.00 421337 03/24/2022 ATLANTIC ROOFING 11 OF VERO BEACH INC 65,471.92 421338 03/24/2022 SOUTHERN MANAGEMENT LLC 90,490.00 421339 03/24/2022 SUPREME TITLE VERO BEACH 30.19 421340 03/24/2022 STEPHEN G NEILF 1,593.75 421341 03/24/2022 KERNS CONSTRUCTION & PROPERTY 42,925.11 421342 03/24/2022 CANARX GROUP INC 5,571.40 421343 03/24/2022 KREMEDY LLC 3,500.00 421344 03/24/2022 BOWMAN CONSULTING GROUP LTD 6,421.85 421345 03/24/2022 TETRA TECH INC 1,421.01 421346 03/24/2022 AMAZON CAPITAL SERVICES INC 167.95 421347 03/24/2022 STAPLES INC 38.56 421348 03/24/2022 LOWES COMPANIES INC 102.60 421349 03/24/2022 DUSTIN LEFEBURE 54.76 421350 03/24/2022 SAFE FAMILIES FOR CHILDREN 7,608.97 421351 03/24/2022 EVENTIDE INC 167,631.94 421352 03/24/2022 GUNSTER YOAKLEY & STEWART PA 882.00 421353 03/24/2022 SPIEZLE ARCHITECTURAL GROUP INC 6,945.25 421354 03/24/2022 TANIA OROZCO 18.20 421355 03/24/2022 ALEXANDER WALLACE 50.00 421356 03/24/2022 JACQUELINE RIEMERSMA 36.07 421357 03/24/2022 JOSEPH HARKINS 30.00 421358 03/24/2022 MIRZA KERO 96.47 421359 03/24/2022 ELAINE HODGKINSON 100.00 421360 03/24/2022 RICHARD CAREY 20.96 421361 03/24/2022 FLORA WILLIAMS GREEN 50.00 421362 03/24/2022 STEPHANIE ABRAM 186.38 421363 03/24/2022 THERESE LAPRE HARRIS 47.24 421364 03/24/2022 UTIL REFUNDS 29.97 421365 03/24/2022 UTIL REFUNDS 69.20 421366 03/24/2022 UTIL REFUNDS 95.20 421367 03/24/2022 UTIL REFUNDS 41.25 421368 03/24/2022 UTIL REFUNDS 35.86 421369 03/24/2022 UTIL REFUNDS 90.21 421370 03/24/2022 UTIL REFUNDS 15.32 421371 03/24/2022 UTIL REFUNDS 40.34 421372 03/24/2022 UTIL REFUNDS 94.53 421373 03/24/2022 UTIL REFUNDS 49.82 421374 03/24/2022 UTIL REFUNDS 76.19 421375 03/24/2022 UTIL REFUNDS 23.69 421376 03/24/2022 UTIL REFUNDS 55.25 58 TRANS NBR DATE VENDOR AMOUNT 421377 03/24/2022 UTIL REFUNDS 49.17 421378 03/24/2022 UTIL REFUNDS 44.74 421379 03/24/2022 UTIL REFUNDS 80.62 421380 03/24/2022 UTIL REFUNDS 63.12 421381 03/24/2022 UTIL REFUNDS 43.03 421382 03/24/2022 UTIL REFUNDS 6.69 421383 03/24/2022 UTIL REFUNDS 38.48 421384 03/24/2022 UTIL REFUNDS 15.52 421385 03/24/2022 UTIL REFUNDS 25.99 421386 03/24/2022 UTIL REFUNDS 31.18 421387 03/24/2022 UTIL REFUNDS 58.96 421388 03/24/2022 UTIL REFUNDS 88.11 421389 03/24/2022 UTIL REFUNDS 47.72 421390 03/24/2022 UTIL REFUNDS 52.13 421391 03/24/2022 UTIL REFUNDS 78.01 421392 03/24/2022 UTIL REFUNDS 24.73 421393 03/24/2022 UTIL REFUNDS 36.70 421394 03/24/2022 UTIL REFUNDS 10.68 421395 03/24/2022 UTIL REFUNDS 292.20 421396 03/24/2022 UTIL REFUNDS 25.78 421397 03/24/2022 UTIL REFUNDS 43.94 421398 03/24/2022 UTIL REFUNDS 115.56 421399 03/24/2022 UTIL REFUNDS 50.33 421400 03/24/2022 UTIL REFUNDS 14.48 421401 03/24/2022 UTIL REFUNDS 21.60 421402 03/24/2022 UTIL REFUNDS 26.66 421403 03/24/2022 UTIL REFUNDS 35.36 421404 03/24/2022 UTIL REFUNDS 44.93 421405 03/24/2022 UTIL REFUNDS 47.18 421406 03/24/2022 UTIL REFUNDS 64.68 421407 03/24/2022 UTIL REFUNDS 134.86 421408 03/24/2022 UTIL REFUNDS 39.91 421409 03/24/2022 UTIL REFUNDS 11.53 421410 03/24/2022 UTIL REFUNDS 35.50 421411 03/24/2022 UTIL REFUNDS 46.89 421412 03/24/2022 UTIL REFUNDS 18.55 421413 03/24/2022 UTIL REFUNDS 1.27 421414 03/24/2022 UTIL REFUNDS 75.51 421415 03/24/2022 UTIL REFUNDS 32.40 Grand Total: 2,166,146.94 59 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019372 03/18/2022 OFFICE DEPOT INC 331.12 1019373 03/18/2022 COMCAST 420.30 1019374 03/18/2022 WASTE MANAGEMENT INC OF FLORIDA 1,869.87 1019375 03/18/2022 INDIAN RIVER OXYGEN INC 100.00 1019376 03/18/2022 DAVES SPORTING GOODS & TROPHIES 148.00 1019377 03/18/2022 WATER SAFETY PRODUCTS INC 846.50 1019378 03/18/2022 COMMERCIAL ENERGY SPECIALISTS 49.16 1019379 03/23/2022 PRIDE ENTERPRISES 199.84 1019380 03/23/2022 AT&T CORP 2,217.50 1019381 03/23/2022 WASTE MANAGEMENT INC OF FLORIDA 13,104.67 1019382 03/24/2022 PARKS RENTAL & SALES INC 309.75 1019383 03/24/2022 UNIVERSAL SIGNS & ACCESSORIES 11,850.00 1019384 03/24/2022 INDIAN RIVER BATTERY 4,720.00 1019385 03/24/2022 RING POWER CORPORATION 272.28 1019386 03/24/2022 DEMCOINC 839.22 1019387 03/24/2022 MIKES GARAGE & WRECKER SERVICE INC 659.00 1019388 03/24/2022 APPLE INDUSTRIAL SUPPLY CO 216.41 1019389 03/24/2022 GALLS LLC 18.85 1019390 03/24/2022 IRRIGATION CONSULTANTS UNLIMITED INC 633.15 1019391 03/24/2022 GROVE WELDERS INC 293.09 1019392 03/24/2022 STRYKER SALES CORP 32,496.80 1019393 03/24/2022 RECHTIEN INTERNATIONAL TRUCKS 556.53 1019394 03/24/2022 SPINNAKER VERO INC 25.00 1019395 03/24/2022 AUTO PARTNERS LLC 313.96 1019396 03/24/2022 L&L DISTRIBUTORS 337.46 1019397 03/24/2022 STAT MEDICAL DISPOSAL INC 410.00 1019398 03/24/2022 HYDRA SERVICE IS) INC 55,672.64 1019399 03/24/2022 WRIGHT FASTENER COMPANY LLC 374.00 1019400 03/24/2022 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1019401 03/24/2022 GUARDIAN ALARM OF FLORIDA LLC 576.00 1019402 03/24/2022 NEXAIR LLC 43.52 1019403 03/24/2022 EFE INC 1,915.97 1019404 03/24/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 150.86 Grand Total: 132,056.45 60 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9414 03/18/2022 FL SDU 3,712.02 9415 03/18/2022 TEAMSTERS LOCAL UNION #769 5,237.50 9416 03/18/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,891.90 9417 03/18/2022 MUTUAL OF OMAHA 2,759.00 9418 03/18/2022 IRC FIRE FIGHTERS ASSOC 9,428.20 9419 03/18/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 75,444.68 9420 03/18/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 11,396.90 9421 03/18/2022 ELITE TITLE TREASURE COAST INC 19,423.00 9422 03/21/2022 IRS -PAYROLL TAXES 518,585.66 9423 03/21/2022 EDH HOLDINGS LLC 293.18 9424 03/21/2022 CLERK OF CIRCUIT COURT 55,545.38 9425 03/21/2022 TIMOTHY ROSE CONTRACTING INC 273,203.58 9426 03/21/2022 KIMLEY HORN & ASSOC INC 17,920.20 9427 03/22/2022 WRIGHT EXPRESS FSC 27,303.73 9428 03/23/2022 ATLAS ORGANICS INDIAN RIVER LLC 125,545.64 9429 03/23/2022 EDH HOLDINGS LLC 5,404.75 9430 03/24/2022 KIMLEY HORN & ASSOC INC 26,997.60 9431 03/24/2022 KIMLEY HORN & ASSOC INC 2,095.75 9432 03/24/2022 KIMLEY HORN & ASSOC INC 9,032.50 9433 03/24/2022 KDALEY HORN & ASSOC INC 178,179.61 9434 03/24/2022 TOWN OF INDIAN RIVER SHORES 8,086.45 9435 03/24/2022 HALLEY ENGINEERING CONTRACTORS INC 692,900.89 Grand Total: 2,080,388.12 61 214 it 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 11, 2022 Subject: Fourth of July Fireworks Funding Backaround Information For many years, Indian River County has provided assistance in funding Fourth of July firework displays in the City of Vero Beach and the City of Sebastian. The Lions Club of Sebastian and the City of Vero Beach have requested assistance in funding their celebrations this year. In most years, the County has contributed $2,500 each to the Lions Club of Sebastian and the City of Vero Beach, after each of the agencies appropriated and paid an equal amount up to $2,500. Funding Funding in the amount of $5,000 is currently budgeted and available for the firework displays in MSTU Fund/Recreation/Special Events, Account #00410872-041110. Staff Recommendation Staff recommends that the Board of County Commissioners approve funding the firework displays for the Cities of Sebastian and Vero Beach in the amount of $2,500 each. Staff also recommends that each of the agencies appropriate and pay an equal amount up to $2,500 and the County will match that amount, up to $2,500 each, after the agencies pay their share. Attachments City of Vero Beach - Request for Firework Display Funding Lions Club of Sebastian — Request for Firework Display Funding 62 Carol Bergeron From: O'Connell, Jim <JO'Connell@covb.org> Sent: Tuesday, February 22, 2022 2:32 PM To: Carol Bergeron Subject: 4th of July Request �CAU'IION: This message is from an external source. Please use caution when opening attachments or clicking links. Carol, The city of Vero Beach is beginning to make plans for the annual 4`h of July event at Riverside Park. With that in mind, we would like to formally request that that Indian River County provide their normal contribution, in the amount of $2,500,00, towards the cost of the fireworks contract, We truly appreciate the help, and we are looking forward to anothergreat event! Thanks— and please let me know if you have any questions or problems. Director Vero Beach Recreation Department Please Note: Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your entail communications, including your email address, may therefore be subject to public disclosure. 63 Lions Club of Sebastian, Inc. 000 c/o Norman I. Meyer, MD 107 Wood Stork Way O Sebastian, Fl. 32958 Phone 772-581-0526 O Fax 772-571-6084 Office of Management & Budget Indian River County 1801 27th Street Vero Beach, FL. 32960-3388 Attn: Kristen Daniels, Indian River County Budget Director Dear County Commissioners, January 31, 2022 I am writing on behalf of the 4th of July Celebration Committee of the Lions Club of Sebastian. As in the past, Indian River County has made a twenty -five -hundred -dollar ($2500.00) donation towards the fireworks display, I am hopeful we will be able to continue to receive this support from you. The City and County in the past has boasted of the quality family celebration, and we hope to continue with your support. Last year, you requested to be notified early for planning purposes. As you have desired a copy of the City's check, I will present a copy when received from the City of Sebastian. If you have any questions or concerns, please feel free to call me. Thank you in advance for your support. Sincerely, Norman Meyer, MD Event Chairman home: 772-581-0526 cell: 772-538-7658 email: 64 X114 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 25, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Excess Equipment as Surplus and Disposal Authorization BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the suitable items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. Items not suitable for sale will be sold for scrap or discarded. FUNDING: There is no cost to the County associated with this request. RECOMMENDATION: Staff recommends the Board approve the items on the Excess List for 040522 as surplus, and authorize their disposal. ATTACHMENT: Excess List for 040522 65 Excess List for 040522 Dept# Asset Fleet Description VIN/Serial Working Y/n 108 22310 Treasure Shores Beach Park Playground Equipment -Outdated N 120 22454 558 2005 Ford Taurus -Totaled 1FAFP53U35A289299 N 210 27047 267 2013 Ford F150 1FTFWIEFODKF33343 N 210 5051 125 Looplink Powerscape Playground Equipment - Outdated N 210 28705 2005 Club Car 15 Passenger Golf Cart - won't move in gear MG0609-603797 N 214 23498 424 2006 International Dump Truck 1HTWXAHTX61388466 N 214 22650 99 2005 GradallXL3300 Excavator 210017722 N 214 25911 831 2002 Ford E350 Van 1FTSS34L91HA66317 N 214 16206 312 1997 Ford F800 Dump Body 1FDXF80C6VVA0087 N 214 18448 141 1998 John Deere 4600 Tractor LV4600P161118 Y 214 23177 364 2006 Ford F350 1FDWF36P16EB82121 N 214 23501 689 2006 Ford F150 1FTRF12236NB36015 N 214 23924 234 2007 Ford F250 1FTRF12227NA46856 N 214 23923 232 2007 Ford F150 1FTRF12207NA46355 N 214 21980 665 2004 Ford F250 IFTNW20S24EA73543 N 214 25136 55 2009 CAT MiniExcavator DMY01998 N 214 1907002 294 2009 GMC Dump Truck 1GD17H1BOY1505732 Y 218 1141120 85 1993 Ford Holland 6610 Tractor BC23030 N 218 21550 Toro Workman 1100 Utility Vehicle - Rusted frame 230000547 N 218 24738,24738A 351 2008 Chevy Silverado with 2015 5.31 V8 Engine IGCEC1900SE201488 Y 219 24221 Hach field testing kit Y 219 25660 CL2 Chlorine Monitor- Non Working 200912380 N 219 30027 CL2 Chlorine Monitor- Non Working 201709050 N 220 23514 184 2006 Ford E250 Cargo Van 1FTNE24W36DA93163 N 236 28139 Ultima 15 Driving Range Golf Ball Dispenser Y 236 28139B Ultima 15 Driving Range Golf Ball Dispenser Door - Internal to 28139 Y 236 28139A Touchscreen Credit Card Reader -Internal to 28139 N 236 30182 Manitowoc SFA -291 Vending Ice Dispenser N 236 22866 Club Car Caryall - No tires, bed or engine N 245 25515 655 2009 Chevy Colorado IGCCS199798141435 N 245 24042 Numetric Hi -Star Traffic Counters - Obsolete 7013986-418 N 245 22552, 22904, 22047, 22906 (4) Numetric Hi -Star Traffic Counters - Obsolete N 268 155060 Mobile M7100 Radio 9067337 y 269 28435 Pro -T Tiger hot auto tapping kit. Parts used beyond lifespan N 281 23528 806 2006 Ford F150 IFTRF12286KD98923 Y 400 25926 Money Counter Machine SB1000 N 400 28349 Alibi NVR ali-nvr5332p y 400 28663 Sophos Firefall XG 210 y 400 25243 HP LaserJet 4250 JPRFH15011 N 400 24694 HP LaserJet 4250 CNRXL65980 N 400 (6) Dell Powerconnect 2724 Y 400 Dell Powerconnect 2824 Y 400 Dell Powerconnect 2848 Y 400 Samsung Galaxy 59 SM-G960U Y 400 Garmin GPS with case 340021655 Y 400 Polaroid Camera with case 600 BUSINESS 2 Y 400 Ativa Analog Phone AC1824 Y 400 Panasonic Analog Phone KX-TSC11W Y 400 IPAD Air MH2V211/A y 400 Netgear Pro Secure UTM50 Y 400 LG Cell Phone LG -B470 Y 400 IBM Correction Ribbon 1380999 y 400 Magnavox DVD Player DP100MW8B Y 400 Hynix Korea 03 Ram Chip 4GB 2RX8 PC3 y 400 (2) MT41 Ram Chip 2GB 1RX16 PC3 Y 400 (2) Samsung Ram Chip 2GB 2RX8 PC3 y 400 (3) SK Hynix Korea 07 Ram Chip 4GB 2RX8 PC3 Y 400 (2) SK Hynix China Ram Chip 2GB 1RX16 PC3 Y 400 Kingston Ram Chip 4GN 2RX8 PC3 Y 400 (8) Crucial Ballistix Sport Ram Chip FH114F9.1F y 400 (7) Dell SFP with Accessory Box FTLF8519P2BNL Y 400 (48) Ingenico Pin Pad IPP320 y 400 127)Ingenico Stylus 296219158AB-2021 y 400 Alibi NVR ALI-NVR5032P y 400 Dell Powerconnect 2748 y 400 (70) Alibi Dome Camera ALI-IPV3130R y 400 (48) Alibi Dome Camera Base y 400 (15) Alibi Dome Camera Flange y 400 (SO) Alibi Bullet Camera ALI-IPV3030RV y 400 (10) Alibi Bullet Camera Base Y 400 (10) Alibi Bullet Camera Flange Y 400 (6) LG Cell Phone LG -A380 y 66 Excess List for 040522 Dept# Asset Fleet Description VIN/Serial Working y/n 400 Kyocera Cell Phone DURAXE Y 400 (2) Sophos Firefall XG 125 Y 400 Sophos Firefall XG 210 Y 400 (5) Sophos Access Point AP 55 Y 400 25111 In Focus Projectorw/cables and modem AYTB80400104 Y 400 24488 UPS with Mechanical Bypass Modules and Back -Up Batteries Multiple Y 400 25641 Powerwear 9170+ UPS KC354Q0004 Y 67 UT CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV DATE: March 16, 2022 SUBJECT: Approval of On -Airport Lease and Aircraft Rescue and Firefighting (ARFF) Agreement between the City of Vero Beach and Indian River County Emergency Services District It is respectfully requested that the information contained herein be given formal consideration by the Honorable Board of County Commissioners at the next scheduled meeting. BACKGROUND: Since 1989, Indian River County has leased land from the Vero Beach Regional Airport to maintain a fire station at the Airport, to provide Aircraft Rescue and Firefighting (ARFF) Services, as well as other emergency services. The 1989 lease having expired and needing comprehensive replacement agreements, Indian River County Emergency Services District and the City now seek to enter new long-term agreements, one agreement covering the ARFF services, and one Lease Agreement. Lease Agreement The proposed lease agreement will run for a term of thirty (30) years with two (2) ten (10) year options to renew (maximum possible total 50 years). The monthly lease for Fire Station 3 will be $2,230.27 ($26,763.24 annually/$802,897.20 30 -year term). Previously, the monthly lease amount was $2,350.70 ($28,208.40 annually), which is $120.43 more per month ($1,445.16 annually) than the new lease. The FAA has approved of the lease rate and terms. ARFF Agreement The proposed ARFF agreement will follow the same term, for a term of thirty (30) years with two (2) ten (10) year options to renew (total of 50 years). The proposed ARFF payment to the County from the City of Vero Beach for the first year is $168,950.40 ($14,079.20 monthly) and incrementally increases year two (2) through year five (5) as follows: year two (2) $199,583.76, year three (3) $230,217.24, year four (4) $260,850.60 and year five (5) $291,483.96, then to a mutually agreed amount annually thereafter. These funds will be deposited in to the Emergency Services District/Fire Protection Services revenue account, number 114034-342220. A-41 FUNDING: Funding for the lease agreement is budgeted and available in the amount of $26,763.24 from the Emergency Services District/Fire Rescue/Rent-Land account, number 11412022-034410, as follows: ACCOUNT NAME I ACCOUNT NUMBER AMOUNT Emergency Services/Fire Rescue/Rent-Land 11412022-034410 $26,763.24 (annually) RECOMMENDATION: Staff respectfully requests the Board approve and execute the Lease and ARFF Agreements as presented. ATTACHMENTS: 1. Memorandum of Lease 2. Lease Agreement 3. ARFF Agreement 4. Attachment A (City of Vero Beach Resolution 2015-30/Airport Leasing Policy) 5. Exhibit A (Legal Description) 6. Exhibit B (Phase 1, Environmental Site Assessment) 7. Exhibit C (FAA Lease Review Concurrence) 69 'Prepared by and return to: City Attorney City of Vero Beach P.O. Box 1389 Vero Beach, FL 32961-1389 MEMORANDUM OF ON -AIRPORT LAND LEASE AGREEMENT THIS MEMORANDUM OF ON -AIRPORT LAND LEASE AGREEMENT ("Memorandum") with an effective date of , 2022, by and between the CITY OF VERO BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, whose mailing address is 1053 20th Place, P.O. Box 1389, Vero Beach, Florida, 32961-1389 ("Lessor"), and INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, organized and existing under the laws of the State of Florida, whose mailing address is 180127' Street, Vero Beach, Florida, 32960 ("Lessee"). Lessor and Lessee may also be referred to herein individually as a "party" or collectively as the "parties." For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the agreements hereinafter set forth and those of the Lease Agreement memorialized herein, Lessor and Lessee hereby acknowledge and agree as follows: 1. Lessor and Lessee entered into that certain On -Airport Land Lease Agreement, including all exhibits and attachments thereto, effective as of '2022, ("Lease Agreement") by which Lease Agreement Lessor leased to Lessee, and Lessee leased from Lessor that certain real property located at Lessor's Vero Beach Regional Airport known as "Fire Station 3" consisting of a total 122,900 +/- square feet of land, being as more particularly described and depicted in Exhibit "A," attached hereto and incorporated herein (collectively "Leased Premises"). 2. Lessor and Lessee desire to record this Memorandum in order to place all persons on notice of the existence of the foregoing described Lease Agreement. To that end, this Memorandum shall serve as public notice of the rights of Lessor and Lessee with respect to the Leased Premises, pursuant to the terms of the Lease Agreement. 3. The term of the Lease Agreement commenced as of , 2022, and continues for a period of Thirty (30) years, subject to Lessee's option to renew the Lease Agreement pursuant to its terms. 4. Reference is hereby made to the Lease Agreement for all other terms, conditions, and agreements between the parties, which terms, conditions, and agreements are incorporated herein by this reference. A true and correct copy of the Lease Agreement is available at the offices of Lessor, the City of Vero Beach, and Attn: City Clerk, at 1053 201' Place, Vero Beach, Florida 32960. 5. This instrument is merely a Memorandum and is subject to all of the terms and conditions of the Lease Agreement. Where the terms and conditions of this Memorandum and the Lease Agreement conflict, the terms and conditions of the Lease Agreement shall control and supersede. All terms herein shall have the same meaning as ascribed in the Lease Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the dates entered below and each party's respective signatory whose signature appears below hereby warrants and Pagel of 3 70 represents that such signatory has been and is on the date of execution of this Memorandum duly authorized to execute this Memorandum on behalf of and to bind their respective party. ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER LESSEE: INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, By its Board of County Commissioners Sign: Peter D. O'Bryan Chairman Approved by BCC: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2022, by PETER D. O'BRYAN, Chairman, of the Board of County Commissioners, on behalf of INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, who ❑ is personally known to me or ❑ has produced as identification. Seal: Approved as to form and legal sufficiency Dylan Reingold, County Attorney Sign: Notary Public, State of Florida at Large Print Name: Notary Commission No.: My Commission Expires: Approved as to County policy: Jason E. Brown, County Administrator Page 2 of 3 71 ATTEST: Tammy K. Bursick City Clerk [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER LESSOR: CITY OF VERO BEACH, FLORIDA, a Florida municipal corporation Robert Brackett Mayor The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2022, by Robert Brackett, the Mayor, and Tammy K. Bursick, the City Clerk, of the City of Vero Beach, Florida. Both are personally known to me. Notary Public, State of Florida at Large Seal: Print Name: Notary Commission No.: My Commission Expires: ADMINISTRATIVE REVIEW (For Internal Use Only -Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: v� John S. Turner City Attorney Approved as to financial requirements: Cynthia D. Via son Finance Director Approved as conforming to municipal policy: -M A C ( 1 0— Monte k. Falls, P.E. City Manager Approved as to technical requirements: -A�A J. To cher Airport Director Page 3 of 3 72 ON AIRPORT LAND LEASE BETWEEN THE CITY OF VERO BEACH, FLORIDA AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT Page 1 of 41 73 Contents RECITALS....................................................... 4 ARTICLE1...................................................... 5 PURPOSE AND INTENT............................................. 5 ARTICLE 2...................................................... 5 PREMISES....................................................... 5 ARTICLE 3...................................................... 6 TERM; OPTION TO RENEW.......................................... 6 ARTICLE 4...................................................... 6 RENT; SECURITY DEPOSIT; TAXES; RENT ADJUSTMENT................. 6 ARTICLE5...................................................... 8 USE OF PREMISES................................................ 8 ARTICLE 6..................................................... 10 ENVIRONMENT; CONSTRUCTION..................................... 10 ARTICLE7..................................................... 13 RIGHT OF ENTRY................................................ 13 ARTICLE 8..................................................... 14 COMPLIANCE WITH LAWS, ORDINANCES, AND REGULATIONS............. 14 ARTICLE 9..................................................... 14 RELEASE, INDEMNITY, AND HOLD HARMLESS ......................... 14 ARTICLE 10.................................................... 15 INSURANCE REQUIREMENTS........................................ 15 ARTICLE 11.................................................... 20 CASUALTY...................................................... 20 ARTICLE 12.................................................... 25 GENERAL PROVISIONS............................................ 25 ARTICLE 13.................................................... 29 ADDITIONAL FAA CLAUSES........................................ 29 ARTICLE 14.................................................... 30 CONDEMNATION.................................................. 30 ARTICLE 15.................................................... 31 CIVIL RIGHTS AND TITLE VI..................................... 31 ARTICLE 16.................................................... 36 DEFAULT; REMEDIES............................................. 36 ARTICLE 17.................................................... 37 Page 2 of 41 74 HOLDOVER...................................................... 37 ARTICLE 18.................................................... 37 TERMINATION................................................... 37 ARTICLE19.................................................... 38 CONSTRUCTION OF LEASE......................................... 38 LESSEE — INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT...... 39 LESSOR — CITY OF VERO BEACH................................... 40 ADMINISTRATIVE REVIEW....................................... 41 Page 3 of 41 75 INTER -GOVERNMENTAL LEASE AGREEMENT ON -AIRPORT LAND LEASE BETWEEN THE CITY OF VERO BEACH AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT THIS ON -AIRPORT LAND LEASE (hereinafter "LEASE") is made and entered into this day of , 2022, by and between THE CITY OF VERO BEACH, a municipal corporation organized and existing under the laws of the state of Florida, whose mailing address is 1053 20th Place, P.O. Box 1389, Vero Beach, Florida, 32961-1389 (hereinafter "CITY" or "LESSOR") and THE INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, organized and existing under the laws of the state of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida, 32960 (hereinafter "LESSEE"). LESSOR and LESSEE may also be referred to herein individually as a "party" or collectively as the "parties." RECITALS WHEREAS, the Vero Beach Regional Airport (hereinafter "AIRPORT or "Airport") is a department of and is owned by LESSOR, and LESSOR is vested with the power to operate the AIRPORT, to lease premises and facilities on the AIRPORT, and to grant related rights and privileges; and, WHEREAS, LESSOR and the South Indian River County Fire District (now Indian River County Emergency Services District) previously entered into a thirty (30) year lease agreement, whereby LESSEE maintained a fire substation (hereinafter "FIRE STATION 3") on Airport property and made monthly lease payments for such property, which was executed October 1, 1989 and expired on September 30, 2019; and, Page 4 of 41 76 WHEREAS, the parties have agreed that LESSEE will continue to provide aircraft rescue and firefighting (hereinafter "ARFF") services to LESSOR, as long as LESSOR requires such services, which ARFF Agreement shall be executed simultaneously and incorporated herein, and, WHEREAS, LESSOR desires to maintain FIRE STATION 3 on AIRPORT property to provide ARFF services to AIRPORT, and LESSOR is, at this time, required by the Federal Aviation Administration ("FAA") to maintain such services; and, WHEREAS, LESSOR maintains the FIRE STATION 3 on Airport property to provide ARFF services to AIRPORT, where required, as well as to provide other firefighting and emergency services to areas off -premises, which is advantageous to the health, safety, and welfare of the citizens of Vero Beach and serves an important public purpose. NOW, THEREFORE, in consideration of the mutual promises herein, the parties hereby agree as above and as follows: ARTICLE 1 PURPOSE AND INTENT The parties agree that the above recitals are true and correct, and by this reference are incorporated herein to this Lease Agreement ("LEASE"). All Exhibits referred to in this LEASE are intended to be and hereby are specifically made a part of this LEASE. ARTICLE 2 PREMISES Subject to the terms, covenants, and conditions contained herein, LESSOR does hereby demise and lease to LESSEE, and LESSEE hires, rents, and leases from the LESSOR, the real property attached hereto marked Exhibit "A" boundary survey and legal description for Parcel FIRE STATION 3 furnished by the LESSOR, real property located at the AIRPORT at 2900 43rd Avenue, Page 5 of 41 77 Vero Beach, Indian River County, Florida, known as, Parcel ID: 32-39-26-00011-0480-00001.1, consisting of land of approximately 103,500 square feet (+/-), together with the nonexclusive right to use, in common with the AIRPORT and others, any public roads, walkways, and other public areas on the AIRPORT for access to and from the Leased Premises (hereinafter the "Premises"). Subject to all dedications, easements, restrictions, abandonments, reservations, and rights-of-way of record. ARTICLE 3 TERM; OPTION TO RENEW Section 3.1. Tern. The Term of this LEASE shall be for a period of thirty (30) years from the Effective Date, commencing on 1, 2022, and terminating on 30, 2052, ("hereinafter Term"). Section 3.2. Option(s) to Renew. Provided that this LEASE and any related agreement between the parties are in full force and effect and neither party is in default or breach. the parties shall have the option to renew this LEASE for two(2),additional terms of ten (10) years per term. Such option(s) may only be exercised by signed, written agreement by the parties, and may only be exercised on the condition that LESSEE continues to provide ARFF services to LESSOR in accordance with a valid agreement, if LESSOR so requires. ARTICLE 4 RENT; SECURITY DEPOSIT; TAXES; RENT ADJUSTMENT Section 4.1. Rent. In addition to other good and valuable consideration, for the use of the Premises as detailed herein, LESSEE shall pay LESSOR as base rental payments: Two -Thousand, Two -hundred and Page 6 of 41 Thirty and 27/100 Dollars ($2,230.27) per month during the Term of this LEASE. This monthly base rental amount is based on 88,500 +/- square feet of land at $0.3024 per square foot per year, 151000+/- square feet of drainage easement land at $0.00 per square foot per year, and 19399+/ - square feet of building at $0.00 per square foot per year. Rent shall be due on the first (1st) day of each month. Failure to pay the monthly amount due in full by the tenth (10th) of each month shall result in the assessment of a late charge of five percent (5%) of the amount then owed or Fifty and 00/100 Dollars ($50.00), whichever is greater. Section 4.2. Rent Payment Location. By Mail: City of Vero Beach/Airport Lease Payments P.O. Box 1389 Vero Beach, Florida 32961-1389 In Person: City of Vero Beach/Cashiers 1036 20th Street Vero Beach, Florida 32960 Section 4.3. Security Deposit. No Security Deposit shall be required. Section 4.4. Taxes. LESSEE shall be responsible to pay all legally imposed taxes, fees, or assessments accruing during the term(s) of this LEASE, for which the leasehold is not otherwise exempt under Florida law. LESSEE acknowledges that nonpayment of any such tax cannot and does not constitute a lien against LESSOR's interest in the Premises and will instead constitute a personal obligation of LESSEE to the governmental unit imposing such tax. Page 7 of 41 79 Section 4.5. Rent Adjustment. No Rent Adjustment shall be required during the Term of this LEASE. Section 4.6. Utilities. All taxes, fees, costs, utilities, and insurance costs due on the Premises during the Term shall be borne by LESSEE. LESSEE shall be responsible to ensure proper utility service to the Premises and must be in compliance with building code requirements. LESSEE shall pay for any and all impact fees and connection fees. LESSEE must pay for all utilities consumed or produced within the Premises, including, but not limited to, water, sewer, electricity, gas, telephone, television, Internet access, trash removal, grease removal, and hazardous waste removal, during the Term of this Lease and any subsequent terms. ARTICLE 5 USE OF PREMISES Section 5.1. Permitted Uses. LESSEE shall use the Premises only for the limited purpose of the continued existence of a FIRE STATION 3 at the Airport and for the emergency services purposes incident thereto. LESSEE is limited to the following activities for the Term of this LEASE and any option to renew period: (a) To provide ARFF Services to LESSOR in accordance with 14 CFR Part 139, or to an alternate level of training and proficiency as agreed upon by both parties in the event that Part 13 9 no longer applies, or to the training requirements necessary for any change in ARFF index, as determined by the CITY. (b) To store and maintain any equipment required under 14 CFR Part 139, and any other essential firefighting or emergency equipment; To provide ARFF Services to LESSOR in accordance with 14 CFR Part 139, or to an alternate level of training and proficiency as agreed Page S of 41 upon by both parties in the event that Part 139 no longer applies, or to the training requirements necessary for any change in ARFF index, as determined by the CITY. (c) To conduct appropriate firefighting and trainings as required by State and Federal law; (d) To conduct safety inspections at the physical facility of the Airport; and (e) To supervise and direct all activities relating to accidents involving potentially hazardous materials. Whether a use of the Premises meets this Section shall be determined in LESSOR's sole discretion by LESSOR's Airport Director, after consultation with LESSEE's County Administrator. Nothing in this LEASE shall be construed to limit the functions of LESSEE in the event of an imminent threat to health, safety, or welfare, or other emergency. Any additional uses of the Premises not involving ARFF services or other related emergency services must be approved by LESSOR through a signed, written agreement. All uses shall be in compliance with the CITY's comprehensive plan, and all applicable zoning and land use codes and other laws. Section 5.2. Non-interference with Airport. Except where otherwise required in an emergency, LESSEE agrees to refrain from and prevent any use of the Premises or the Airport, which would interfere with, disturb, or adversely affect the operation or maintenance of the Airport, or otherwise constitute an Airport hazard or a nuisance. LESSEE shall make no unlawful, improper, or offensive use of the Premises. Section 5.3. Waste; Surrender of Possession. LESSEE will not commit or permit was �e of the Premises and must quit and voluntarily deliver up possession of the Premises at the end of the Term in as good condition as at the beginning of this LEASE, and all fixtures, equipment, and improvements in as good condition as when installed or Page 9 of 41 :I constructed, excepting only ordinary wear and tear. LESSEE shall have no obligation to remove any of the fixed improvements. Section S.4. Existing Building; Premises Leased "AS IS." The Premises includes an existing building to be used by LESSEE for providing emergency services. The building and improvements or. the Premises are leased in an "AS IS" condition, and the same are suitable for the uses intended by LESSEE. LESSEE agrees to accept the Premises strictly in "as is" condition, and no representation has been made to LESSEE concerning the suitability of the Premises for LESSEE's purposes. LESSEE will bear the sole cost and expense of all improvements on the Premises, including, without limitation, design, permitting, materials, construction, insurance, utilities, maintenance, and repair. ARTICLE 6 ENVIRONMENT; CONSTRUCTION Section 6.1. Ownership Held by LESSOR. The LESSEE is granted a leasehold in government property at the AIRPORT under this LEASE with the land, buildings, and other improvements being retained by LESSOR as a leased fee, as stated in this LEASE and as set forth in Attachment "B." All building and other improvements to real property (including those built or otherwise added by LESSEE) shall be owned by LESSOR from the outset and remain government property throughout the Term of this LEASE. LESSOR'S retained interest does not diminish or abridge any leasehold interest conveyed to LESSEE hereunder. If LESSEE exercises an option to renew, LESSEE'S rent shall be adjusted as set forth in Attachment 66D " LESSEE will have the right to remove any furnishings and improvements that have not assumed the nature of realty, provided same is done prior to termination or expiration of this LEASE, Page 10 of 41 82 LESSEE is not then in default hereunder beyond any applicable cure period, and LESSEE repairs any damage caused by such removal. Any such property remaining after the termination or expiration of this LEASE shall immediately become the property of LESSOR unless otherwise agreed by LESSOR in writing. Section 6.2. Environmental Site Assessment. (a) Attached hereto, and incorporated herein as Exhibit "C." is a copy of the Environmental Site Assessment Phase I. LESSOR and LESSEE accept this report as an accurate representation of the environmental condition of the Premises as of the commencement date of this LEASE. (b) Upon termination of the LEASE, LESSEE, at LESSEE's expense, shall conduct a Phase I Environmental Assessment of the leased property. The results of this report shall be compared to the results of the Environmental Site Assessment Phase I described in paragraph (a) above, to determine whether or not the leased property was contaminated during the Term of the LEASE. If a Phase II Environmental Assessment is recommended by the environmental auditor and it is determined to have been caused by LESSEE, LESSEE shall be responsible for any and all costs associated with the Assessment and environmental remediation pursuant to the terms of Section 19, Environmental Provisions, of Attachment "B" of this LEASE if determined to be caused by LESSEE. Section 6.3. Stormwater Retention and Detention. As provided in LESSOR's leasehold development standards, all required stormwater retention and detention facilities must be located within the perimeter of the Premises, except that LESSEE may utilize an existing common -use Stormwater retention system if LESSOR is satisfied that there is Pale 11 of 41 RE one that serves the leasehold area and it has sufficient capacity (without enlargement) to accommodate the requirements of the leasehold. Any new stormwater detention or retention facilities must be designed in conformance with FAA Advisory Circular 150/5200-33A, "Hazardous Wildlife Attractants on or Near Airports." LESSEE acknowledges that the Airport's stormwater discharge permit is incorporated by reference into this LEASE. LESSEE covenants that its use of the Premises will not cause any violation of said permit. Further, LESSEE agrees to participate in any LESSOR -organized task force or other work group established to coordinate stormwater activities at the Airport. Section 6.4. Access To/From Premises. LESSOR shall have final authority to determine LESSEE's point or points of access to the site and final authority to review, and approve or reject, any plans proposed by LESSEE for LESSEE's construction of roadways, driveways, or the like, for ingress to and egress from the Premises. Section 6.5. Compliance with Environmental Laws. As a material inducement to LESSOR to lease the Premises to LESSEE, LESSEE covenants and warrants that LESSEE and LESSEE's use of the Premises will at all times comply with and conform to all Environmental Laws. "Environmental Laws" shall include any and all federal, state, and local statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, permits, concessions, grants, franchises, licenses, agreements, or other governmental restrictions relating to the environment or to emissions, discharges, releases or threatened releases of pollutants, contaminants, chemicals, or industrial, toxic, or hazardous substances, materials or wastes into the environment including, without limitation, ambient air, surface water, ground water, or land, or otherwise relating to the Handling (as hereinafter defined) of pollutants, contaminants, chemicals, or industrial, toxic, or hazardous substances or Page 12 of 41 wastes. "Handling" shall include use, treatment, storage, manufacture, processing, distribution, transport, placement, handling, discharge, generation, production, or disposal. Section 6.6. Clean Air and Water Pollution Control. LESSEE agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC §§ 1251-1387). LESSEE agrees to report any violation to LESSOR immediately upon discovery. LESSEE assumes responsibility for notifying the Environmental Protection Agency (EPA) and the FAA. LESSEE must include this requirement in all subcontracts that exceed $150,000. ARTICLE 7 RIGHT OF ENTRY LESSOR's agents or employees will have the right to enter the Premises for any legal purpose, including, but not limited to: (a) view and inspect the Premises, or make repairs, at any time during LESSEE's regular hours; (b) view and inspect the Premises, or make repairs, at any time in the event of emergency; and (c) perform any and all things which LESSEE is obligated to and has failed to do after fifteen (15) days' written notice to act, including maintenance, repairs, and replacements to the Premises, unless LESSEE already is making a reasonable effort to effectuate corrective measures. The cost of all labor, materials, and reasonable overhead charges required for performance of such work will be promptly paid by LESSEE to LESSOR. Such access may be conditioned upon being escorted by LESSEE's agents or employees, Page 13 of 41 RR unless LESSOR's agents or employees in question: (a) are acting in their law enforcement capacity under LESSOR's police power; or (b) require immediate access to the Premises due to an emergency situation. ARTICLE 8 COMPLIANCE WITH LAWS, ORDINANCES, AND REGULATIONS LESSEE (including its officers, agents, servants, employees, contractors, suboperators, and any other person over which LESSEE has the right to control) shall comply at all times with all present and future laws, including the Airport Rules and Regulations, as amended, and as may be further amended or superseded, and all other statutes, ordinances, orders, directives, rules, and regulations, of the federal, state, and local governments, including LESSOR, the Transportation Security Administration ("TSA") and the FAA, which may be applicable to its operations at the AIRPORT. The provisions of Attachment "A" (Resolution 2015-30, Airport Leasing Policy) and Attachment "B" (Standard Lease Provisions for Airport Tenants), as adopted by LESSOR, and as amended from time to time, are incorporated herein and specifically made a part of this LEASE. The parties agree that should any provisions of this LEASE conflict with any provisions of the Attachments (A or B), the provisions of this LEASE shall prevail, unless otherwise noted. ARTICLE 9 RELEASE, INDEMNITY, AND HOLD HARMLESS Notwithstanding any minimum insurance requirements prescribed elsewhere in this LEASE, LESSEE agrees to release, defend, indemnify, and hold harmless LESSOR and its Council Members, officers, agents, and employees) from: 1) any and all injury, loss, or damage, of any nature whatsoever, to any person or property in connection with the use of the Premises by LESSEE, its subtenants, employees, Page 14 of 41 86 agents, contractors, and invitees, except to the extent caused by negligence of LESSOR (and/or its officers, agents, and employees); 2) any and all injury, loss, or darnage, of any nature whatsoever, to any person or property (including but not necessarily limited to contamination to the environment) in connection with the installation, maintenance, repairs, and removal of any underground storage tanks or other tanks; and 3) any and all fines or penalties imposed on LESSOR by any governmental agency (including but not limited to the FAA and the TSA as a result of the failure of LESSEE or its agents, employees, or contractors, to abide by or comply with any statute, ordinance, rule, regulation, or other requirement (including, but not limited to, environmental damage or breaches of the Airport's security). LESSEE agrees to release LESSOR from any injury, loss, or damage, caused by criminal acts of third parties. LESSEE agrees that LESSOR is not responsible or liable for any acts, errors, or omissions of the TSA, FAA, or any other governmental agency. Nothing herein shall be interpreted or construed to mean that either party waives its common law sovereign immunity or the limits of liability set forth in Section 768.28, Florida Statutes. ARTICLE 10 INSURANCE REQUIREMENTS LESSEE must procure and maintain during the LEASE Term at its own expense, for the protection of LESSOR and LESSEE, in form satisfactory to LESSOR: Section 10.1. General Liability Insurance. LESSEE shall maintain general liability insurance providing all risks coverage which protects LESSOR, LESSOR's elected officials, employees, officers, and agents, and LESSEE, from claims Page 15 of 41 RE arising from bodily injury, property damage, operations, fire, and legal liability. Such insurance coverage shall have a combined single limit of not less than $3,000,000 per occurrence/$3,000,000 aggregate. Coverage shall be provided in a form no more restrictive than the latest edition of the commercial general liability policy filed by the Insurance Services Office. LESSEE's insurance shall be primary and any other insurance maintained by LESSOR shall be in excess of and shall not contribute with LESSEE's insurance. Section 10.2. Property Insurance. LESSEE shall maintain during the full Term of the LEASE, at LESSEE'S sole cost and expense, LESSEE shall provide, maintain, and pay for a property insurance providing coverage of not less than one -hundred percent (100%) of the insurable replacement value, without deduction for depreciation, for the demised Premises of which any buildings are a part, including any improvements and betterments which may be insurable as part of the realty. Said property insurance shall cover the improvements and betterments from loss due to fire, windstorm, flood, and any other peril included in the broadest available standard form of extended coverage. Coverage shall be in an amount sufficient to meet the co-insurance requirements of the policies, but not less than the full insurable value thereof. Deductibles for all perils, except windstorm, shall not be greater than two percent (2%) of the full insurable replacemer_t value, without deduction for depreciation, for the demised Premises of which any buildings are a part, including any improvements and betterments which may be insurable as part of the realty. Deductibles for windstorm damages shall not exceed five percent (5%) of the full insurable replacement value, without deduction for depreciation, for the demised Premises of which any buildings are a part, including any improvements and betterments which may be insurable as part of the realty. The policy shall be endorsed to make any loss payments payable jointly to the LESSOR and LESSEE for losses covered under such policies. Page 16 of 41 RR In the event of damage and/or destruction to the buildings, improvements, betterments and equipment, all proceeds from such policy shall be utilized by LESSEE to repair and/or replace the damaged or destroyed buildings, improvements, betterments and equipment. LESSEE may request consent from LESSOR not to repair and/or replace the damaged or destroyed buildings, improvements, and equipment. LESSOR, in its sole discretion, may either accept or reject LESSEE'S request not to repair and/or replace. If the LESSOR rejects LESSEE'S request not to repair and/or replace, then LESSEE must utilize all insurance proceeds to repair and/or rebuild pursuant to this paragraph. If LESSOR cons-.nts to LESSEE'S request not to repair and/or replace, then the insurance proceeds shall be prorated between the LESSOR and the LESSEE based upon the time period left in the LEASE before the reversion of all structures and improvements (fixtures) to the LESSOR (example: if LESSOR consents to LESSEE'S request not to repair and/or replace and the lease is in the 28t' year of a 30 -year lease, the insurance proceeds would be dispersed 28/30th to the LESSOR and 2/30th to the LESSEE). As soon as is reasonably possible after damage and/or destruction to the buildings, improvements, betterments and equipment, but no later than eighteen (18) months after said damage and/or destruction, LESSEE shall, at the LESSEE'S sole expense (using insurance proceeds available for that purpose, along with LESSEE'S own funds), commence to either repair or restore the buildings, improvements, betterments and equipment as completely as possible to their condition immediately prior to the damage, or, in the alternative, replace the structures, improvements, betterments and equipment with structures approved in advance, in writing, by LESSOR. In the event any insurance proceeds of such policy shall remain unused after the completion of restoration or rebuilding to the LESSOR'S satisfaction, evidenced in writing, and if the LESSEE Page 17 of 41 89 shall not be in default under the LEASE, then the remaining funds shall be paid to LESSOR for any unpaid rent and other sums due, with any remaining sum paid to the LESSEE. (a) All insurance required by this Section shall be with a company licensed to do business in the state of Florida, and be otherwise satisfactory to the LESSOR. (b) Recognizing the extended term of the LEASE, LESSEE agrees that the LESSOR shall have the right to periodically review the adequacy of the required insurance and amend the insurance requirements of this section. Factors which maybe considered include, but are not limited to, changes in generally accepted insurance industry standards and practices, changes in LESSEE'S use of the Premises, measurable changes in local and national economic indicators and changes in City policies and procedures. (c) The insurance policies shall name the LESSOR as an additional insured for liability insurance and as loss payee for property insurance anc shall include provision for at least thirty (30) days advance notice to LESSOR by the insurer prior to any policy change, amendment, termination or expiration of coverage. LESSEE shall cause the insurer to provide proof of the required insurance to the LESSOR before LESSEE takes possession of the Premises and shall cause the insurer to continue to supply such proof to the LESSOR for each term of coverage. LESSEE'S insurance shall be primary and any other insurance maintained by the City shall be in excess of and shall not contribute with LESSEE'S insurance. (d) In the event that LESSEE should fail fo- any reason to procure or maintain insurance coverage at the minimum amounts required herein, or at the written request of LESSEE, LESSOR, at LESSOR's sole discretion, may secure insurance coverage at LESSEE's expense, or may declare LESSEE in default. LESSEE shall reimburse LESSOR for the cost of such insurance coverage secured by LESSOR within thirty (30) days of LESSEE's receipt of an invoice from LESSOR for Page 18 of 41 90 such insurance coverage. LESSEE shall be responsible for the payment of any applicable deductibles set out in the insurance policy secured by LESSOR. Section 10.3. Commercial Auto Insurance. LESSEE shall maintain commercial auto insurance for replacement value and automobile liability insurance for the ARFF vehicle(s). The liability insurance shall be a combined single limit of $3,000,000. Section 10.4. Worker's Compensation Insurance. LESSEE shall maintain worker's compensation insurance meeting mandatory statutory limits, and include: ® $1,000,000 each accident. ® $1,000,000 bodily injury by disease each employee. ® $1,000,000 bodily injury by disease policy limit. Section 10.5. Pollution Liability Insurance. LESSEE shall maintain pollution liability insurance for sudden or gradual release of pollutants. Such coverage shall have a minimum limit of $1,000,000 per occurrence. Section 10.6. Additionally Insured. LESSOR shall be named as an additional insured for liability insurance, and shall include provision of at least thirty (30) days' advance notice to LESSOR prior to any policy change, amendment, termination or expiration of coverage. LESSEE shall provide proof of the required insurance to LESSOR before each term of coverage. LESSEE's insurance shall be primary and any other insurance maintained by LESSOR shall be in excess of and shall not contribute with LESSEE's insurance. LESSEE shall be responsible for the payment of any applicable deductibles set out in the insurance. Certificates of all policies evidencing the insurance required, including renewal policies, Page 19 of 41 91 must be delivered to LESSOR. Each such policy or certificate shall contain a valid endorsement that such insurance will not be canceled or materially changed or altered without first giving advance written notice to LESSOR. ARTICLE 11 CASUALTY Section 11.1. Notice to LESSOR. If the Premises, or any improvement thereon, is damaged or destroyed by fire, hurricane, tornado, or any other casualty, LESSEE shall promptly give written notice to LESSOR of the date and nature of such damage. Section 11.2. Damage Due to Insurable Cause within Term, or Minor Damage. If any improvements on the Premises are damaged and: (a) such damage: (1) occurs by fire, hurricane, tornado, or other casualty of the type which LESSEE is required to provide coverage for, or which is covered by any insurance policy carried by LESSEE; and (2) occurs within the Term (as set forth in Section 2.1 above); or (b) any building or buildings are damaged so as to collectively require, for Restoration, as defined below, an estimated expenditure of not more than ten percent (10%) of the full insurable value of all buildings on the Premises immediately prior to the casualty (as determined by an "Independent Architect" as defined below); then: 1) LESSEE shall, at its own cost and expense, promptly repair, replace, and rebuild it, at least to the extent of the value and as nearly as practicable to the character of the Premises and improvements existing immediately prior to the occurrence of such damage (the 'Restoration"); Page 20 of 41 92 2) LESSEE's Restoration shall be made in accordance with the procedures set forth above for LESSEE's initial construction (including but not limited to LESSOR's review and approval of plans); and 3) In the event of a casualty resulting in a loss payment for the improvements in an amount greater than One -Hundred Thousand and No/100 Dollars ($100,000.00) as adjusted by the change in the Rent from the commencement date of the date of the casualty, the proceeds of all insurance policies maintained by LESSEE attributable to the replacement of the improvements, but not LESSEE's personal property, shall be deposited in LESSOR and LESSEE's joint names in an escrow account at a bank or other financial institution designated by LESSOR, and shall be used by LESSEE for the repair, reconstruction, or restoration of the improvements. Such proceeds shall be disbursed periodically upon certification of the architect or engineer having supervision of the work that such amounts are the amounts paid or payable for the repair, reconstruction, or restoration. LESSEE shall obtain, and make available for LESSOR receipted bills and, upon completion of said work, full and final waivers of lien. 4) In the event of a casualty resulting in a loss payment for the improvements in an amount equal to or less than the amount stated above, the proceeds shall be paid to LESSEE, and shall be applied towards repair, reconstruction, and restoration. In the event the insurance company monitors the repair, reconstruction, or restoration of the improvements, the parties acknowledge that the proceeds may not be disbursed in advance of invoices from con-ractors, and therefore, not paid in advance, in order to escrow the proceeds. In the event the proceeds are not escrowed in advance of Page 21 of 41 93 payments due for the repair, reconstruction, or restoration of the improvements, the proceeds shall be jointly payable to LESSOR and LESSEE. 5) If the insurance proceeds are insufficient to pay the cost of Restoration, LESSEE must pay the shortfall. If the proceeds exceed the cost of Restoration, LESSEE will be entitled to the surplus, unless LESSEE is in default under this LEASE. In the latter event, the surplus must be applied to the default; the remainder, if any, will be paid to LESSEE. An "Independent Architect" shall mean an architect or engineer that is licensed to practice in the state of Florida, who has experience in estimating cost of construction and repair, and who is selected by agreement between LESSOR and LESSEE; however, if the parties do not agree and LESSEE rejects or does not approve, within fairty (30) days of LESSOR's written proposal, any two (2) independent licensed architects or engineers, then the "Independent Architect" may be selected unilaterally by LESSOR (but shall not be one (1) of the two (2) originally proposed by LESSOR, if such architect(s) or engineer(s) were expressly rejected by LESSEE in writing within said thirty (30) day time period). If the parties cannot agree on selection of an Independent Architect, LESSOR may choose one of the architects authorized to be used by the LESSEE per CCNA procedures. In any event, the fee charged by the "Independent Architect" shall be split equally between LESSOR and LESSEE. If the construction work on the Restoration has: 1) not commenced by the later of: a. twelve (12) months aft: r the insurance settlement; or b. twenty-four (24) months after the casualty; or 2) has commenced but bona fide work is not actively continuing; Page 22 of 41 M' LESSOR shall give written notice to LESSEE, of LESSOR's intention to terminate the LEASE within sixty (60) days, unless LESSEE can demonstrate that LESSEE has made and continues to make diligent effort to commence or continue bona fide construction work, failing which this LEASE shall terminate at the end of said sixty (60) day period, and any and all remaining insurance proceeds (whether held by LESSOR, the leasehold mortgagee, or otherwise) shall be applied, first, to completing the required Restoration, and second, to paying off the leasehold mortgage (but only to the extent the leasehold mortgage secures amounts actually spent by LESSEE on improvements to the Premises, plus interest), and third, to LESSOR. Section 11.3. Major Damage Due to Uninsurable Cause or Near End ofLEASE Term. If any building or buildings are damaged and: (a) such damage: (1) occurs by a cause, such as war or nuclear attack, not of the type which LESSEE is required to provide coverage for, and which is not covered by any insurance policy carried by LESSEE; or (2) the damage occurs after the end of the Term; and (b) the building or buildings are damaged so as to collectively require, for Restoration, an estimated expenditure of more than ten percent (101/6) of the full insurable value of all buildings on the Premises immediately prior to the casualty (as determined by an "Independent Architect as defined above), then: LESSEE shall have the option to elect to terminate this LEASE by providing written notice to LESSOR, in the manner provided herein, within six (6) months of the date of said casualty. If LESSEE does not so exercise this option to terminate, then: (1) LESSEE shall, at its own cost and expense, promptly repair, replace, and rebuild it, at least to the extent of the value and as nearly as practicable to the character of the Premises and improvements existing immediately prior to the occurrence of such damage; (2) LESSEE's Restoration shall be made in accordance with the Page 23 of 41 95 procedures set forth above for LESSEE's initial construction (including, but not limited to, LESSOR's review and approval of plans); and (3) any and all insurance proceeds attributable to the replacement of the improvements, but not LESSEE's personal property, shall be deposited in LESSOR and LESSEE's joint names in an escrow account at a bank or other financial institution designated by LESSOR (or, if required by a leasehold mortgage approved pursuant to Article 7 above, to the leasehold mortgagee) to be used by LESSEE for the repair, reconstruction, or restoration of the improvements. Such proceeds shall be disbursed periodically upon certification of the architect or engineer having supervision of the work that such amounts are the amounts paid or payable for the repair, reconstruction, or restoration. LESSEE shall obtain, and make available to LESSOR, receipted bills, and upon completion of said work, full and final waivers of lien. In the event the insurance company monitors the repair, reconstruction, or restoration of the improvements, the parties acknowledge that the proceeds may not be disbursed in advance of invoices from contractors and therefore not paid in advance in order to escrow the proceeds. In the event the proceeds are not escrowed in advance of payments due for the repair, reconstruction, or restoration of the improvements, the proceeds shall be jointly payable to LESSOR and LESSEE. If the insurance proceeds are insufficient to pay the cost of Restoration, LESSEE must pay the shortfall. If the proceeds exceed the cost of Restoration, LESSEE will be entitled to the surplus, unless LESSEE is in default under this LEASE. In the latter event, the surplus must be applied to the default; the remainder, if any, will be paid to LESSEE. If LESSEE does so elect to terminate the LEASE, then any and all insurance proceeds received and receivable as a result of on account of casLalty damage shall be payable, first, to paying off the leasehold mortgage (but only to the extent the leasehold mortgage secures amounts actually spent by LESSEE on improvements to the Premises, plus interest), and second, split between LESSOR and Page 24 of 41 96 LESSEE on a pro rata basis, with LESSEE's percentage share being equal to the time that was (but for the termination) remaining on the Term of this LEASE (as extended by any options already exercised prior to the date of the casualty) as of the date of the casualty, divided by the time between the Rent Commencement Date and the end of the Term of this LEASE as extended by any options already exercised prior to the date of the casualty, and LESSOR's percentage being the remaining share. (For the purposes of this paragraph, the "Term of this LEASE" refers to the term applicable to the land under the damaged building or buildings.) Notwithstanding the preceding sentence, in the event LESSEE terminates this LEASE, LESSEE will pay LESSOR all rents and fees, which accrue, prorated as of the date LESSEE has so terminated and surrendered the Premises to LESSOR. ARTICLE 12 GENERAL PROVISIONS Section 12.1. Notice. Notice to LESSOR shall be sufficient if sent by registered or certified mail, postage prepaid, or by a nationally recognized overnight delivery service (e.g. Federal Express, UPS, Airborne Express, or DHL), to: City of Vero Beach Attn: Airport Director 3400 Cherokee Drive Vero Beach, Florida 32960 Section 12.2. Captions. with copy to: City of Vero Beach Attn: City Manager P.O. Box 1389 Vero Beach, Florida 32961-1389 The captions within this LEASE are inserted for convenience only, and are not intended to define, limit, or describe the scope or intent of any provisions, and shall not be construed to affect, in any manner, the terms and provisions hereof or the interpretation or construction thereof. Section 12.3. Breach of LEASE. Page 25 of 41 97 Any violation or breach of the duties and obligations imposed by the LEASE and incorporated documents and the rights and remedies on the part of LESSEE may result in the suspension or termination of this LEASE or such other action that may be necessary to enforce the rights of the parties to this LEASE. LESSOR will provide LESSEE written Notice, describing the nature of the breach and any corrective actions LESSEE must undertake, and shall include a reasonable date by which to correct the breach. The duties and obligations imposed by the LEASE and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Section 12.4. Time. Time is of the essence in the performance of this LEASE. Section 12.5. Governing Law; Forum Selection and Venue. This LEASE shall become valid when approved by LESSOR's City Council and the Board of County Commissioners, Vero Beach, Florida; it will be deemed made and entered into in the state of Florida and will be governed by and construed in accordance with the laws of Florida. In the event that that there is a change in ARFF Index under Part 139 as determined by the City, the City shall be responsible for any additional necessary training costs required by such change. In the event of a dispute between the parties, all actions or proceedings will be brought and litigated exclusively in the state courts located in Indian River County or in the federal courts located in St. Lucie County, Florida. Section 12.6. Assignment. Page 26 of 41 98 This LEASE shall not be assigned, transferred, hypothecated, sold, mortgaged, or otherwise encumbered. Any such assignment, transfer, or encumbrance shall be null and void and without legal effect. Section 12.7. Attorney's Fees and Costs. In the event there arises between the parties any dispute or litigation regarding the terms and conditions of this LEASE, each party shall be responsible for its own attorney's fees and costs. Section 12.8. Non -waiver of Rights. This LEASE may only be modified, altered, or amended, in whole or in part, by a written instrument setting forth such changes and signed by all parties hereto. This LEASE and attachments hereto constitute the entire agreement and understanding between the parties and all other agreements and understandings between them, related to LEASE of the Premises, whether oral or written, are hereby deemed void and merged into this LEASE. LESSOR's acceptance of rent, or any act of forbearance concerning any breach or violation of this LEASE by LESSEE shall not be construed as a wavier of any rights LESSOR has hereunder. No delay or omission on the part of LESSOR in exercising any right hereunder shall operate as a waiver of such right or any other right. Section 12.9. Administration of LEASE. Whenever in this LEASE, LESSEE is required or permitted to obtain the approval of, consult with, give notice to, receive notice from, or otherwise deal with LESSOR, LESSEE shall deal with LESSOR's authorized representative; and unless and until LESSOR gives LESSEE written notice to the contrary, LESSOR's authorized representative shall be LESSOR's Airport Director. Section 12.10. Airport Development. Page 27 of 41 99 LESSOR reserves the right to further develop, change, or improve the Airport and its routes and landing areas as LESSOR sees fit, without LESSEE's interference or hindrance and regardless of LESSEE's views and desires. Section 12.11. LESSEE's Use and Construction to Comply with Federal Aviation Regulations. LESSEE agrees to conform to all applicable Federal Aviation Regulations in any operation or construction on the Premises. LESSEE agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations (which may be amended or replaced by other regulations from time to time) before constructing any improvements or modifying or altering any structure on the Premises. Section 12.12. LESSEE's Noninterference with Aircraft.; LESSOR Noninterference with Emergency Services. LESSEE and its successors, assigns, and sublessees will not use the Premises or any part of the Airport in any manner, or act in any manner, that might interfere with any aircraft landing, taxiing, or taking off from the Airport or otherwise create a hazard. If this covenant is breached in any way, LESSOR reserves the right to enter the Premises and abate or eliminate the interference at the expense of LESSEE. LESSOR will not unreasonably interfere with LESSEE's use of the Premises to provide Emergency Services. Section 12.13. Maintenance of Premises and Equipment. LESSEE agrees that LESSOR shall have no responsibility for the maintenance of the Premises, including any improvements thereon, and that LESSEE shall, at LESSEE's own expense, keep in good order and repair, inside and out, all buildings, including, but not limited to, the air conditioning, machinery, plumbing, wiring, pipes, gas, steam, electrical fittings, and all other Pan 28 of 41 100 emergency services equipment. It shall be LESSEE's responsibility to keep the Premises clean and to dispose of all debris and other waste matter which may accumulate. LESSEE shall maintain the grounds, landscaping, and parking areas in accordance with the same standards by which LESSOR maintains the Airport grounds, landscaping, and parking areas. ARTICLE 13 ADDITIONAL FAA CLAUSES Section 13.1. Incorporation of Required Provisions. The parties incorporate herein by this reference all provisions lawfully required to be contained herein by the FAA or any otirier governmental body or agency. In the event that the FAA or any successor requires modifications or changes in this LEASE as a condition precedent to the granting of funds for the improvement of the A_rport, or otherwise, LESSEE agrees to consent to such amendments, modifications, revisions, supplements, or deletions of any of the terms, conditions, or requirements of this LEASE as may be reasonably required. Section 13.2. Airport Protection. It shall be a condition of this LEASE, that LESSOR reserves unto itself, its successors, and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together witn the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for the navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the airport. LESSEE agrees for itself, its successors, and assigns, to restrict the height of structures, objects of natural growth, and other obstructions on the Premises to such a height so as to comply with Federal Aviation Regulations, Part 77. Paee 29 of 41 101 LESSEE agrees for itself, its successors, and assigns, to prevent any use of the Premises, which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard. Section 13.3. Non -exclusivity. Notwithstanding anything herein cont -.fined that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this LEASE are non-exclusive and LESSOR reserves the right to grant the same or similar privileges to another lessee or other lessees on other parts of the AIRPORT. ARTICLE 14 CONDEMNATION Section 14.1. Complete Taking. If the entire Premises are taken or condemned for any public or quasi -public use or purpose, by right of eminent domain, this LEASE will terminate on the date title to the Premises vests in the taking authority. Rent will be prorated to the date of termination. Section 14.2. LESSEE's Option to Terminate in the Event of Partial Taking. If a portion of the Premises (or all reasonable access to the adjacent roadways from the then - existing or comparable curb cut locations) shall be taken or condemned for any public or quasi -public use or purpose, by right of eminent domain, LESSEE shall have the option to terminate this LEASE by advance written notice to LESSOR, given at any time after the taking authority files its notice of taking, but no later than sixty (60) days after entry of the order of taking, specifying the date on which the LEASE will terminate, which date shall be the last day of any calendar month that falls within the period for giving LESSEE's notice of its election to terminate. Such condemnation does not include condemnation by the City. Rent will be prorated to the date of termination. Page 30 of 41 102 If LESSEE does not elect to exercise this option, then: (1) LESSEE will be entitled to participate in the award of the taking only to the extent an award is made for business damages; (2) LESSEE shall promptly restore the remaining portions of the Premises to a condition comparable to the condition of the Premises at the time of such taking; and (3) this LEASE shall continue in full force and effect except that the rent payable hereunder shall be equitably adjusted to take into account the portion or portions of the Premises lost by the taking. Section 14.3. Award. If this LEASE is terminated by reason of a taking, any compensation awarded for such taking of the Premises will be equitably apportion, -d between the LESSOR and LESSEE to reflect the respective values of the encumbered fee and the leasehold interest. ARTICLE 15 CIVIL RIGHTS AND TITLE VI Section 15.1. General Civil Rights Provisions. LESSEE agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. If LESSEE transfers any of its obligation to another, the transferee is obligated in the same manner as LESSEE. This provision obligates LESSEE for the period during which the property is owned, used or possessed by LESSEE and the Airport remains obligated to the FAA. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. Section 15.2. Nondiscrimination — Title VIAssurances. Page 31 of 41 103 This LEASE is (or may be) subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR part 23. LESSEE, for itself, successors, and assigns, as part of the consideration hereof, does hereby covenant and agree that, (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that LESSEE shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, LESSOR shall have the right to terminate the LEASE and re-enter as if said LEASE had never been made or issued; but this provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. Section 15.3. Transfer of Real Property Acquired or Improved Under the AIRPORT Improvement Program. (a) LESSEE, for himself/herself, his/her Heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant Page 32 of 41 104 running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the property described in this LEASE for a purpose for which a FAA activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, LESSEE will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. (b) In the event of breach of any of the above Nondiscrimination covenants, LESSOR will have the right to terminate the LEASE and to enter, re-enter, and repossess said lands and facilities thereon. Section 15.4. Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program. (a) LESSEE, for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that, (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that LESSEE will use the Premises in compliance with all other requirements imposed by or pursuant to the List of Discrimination Acts and Authorities. Page 33 of 41 105 (b) In the event of breach of any of the above nondiscrimination covenants, LESSOR will have the right to terminate the LEASE and to enter or re-enter and repossess said land and the facilities thereon. Section 15.5. Title VI List of Pertinent Nondiscrimination Acts and Authorities. During the performance of this LEASE, LESSEE agrees to comply with the following non-discrimination statutes and authorities; including, but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 USC§ 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); 2. 49 CFR part 21 (Non-discrimination in Federally- assisted programs of the Department of Transportatior_-Effectuation of Title VI of the Civil Rights Act of 1964); 3. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 4. Section 504 of the Rehabilita ion Act of 1973 (29 USC§ 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended (42 USC§ 6101 et seq.) (prohibits discrimination on the basis of age); 6. AIRPORT and Airway Improvement Act of 1982 (49 USC§ 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); 7. The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by Page 34 of 41 106 expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); 8. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC§§ 12131 - 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; 9. The FAA's Nondiscrimination statute (49 USC§ 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title SII, you must take reasonable steps to ensure that LEP persons have meaningful access to you: programs (70 Fed. Reg. at 74087 to 74100); 12. Title IX of the Education Amey dments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et. seq.). Page 35 of 41 107 ARTICLE 16 DEFAULT; REMEDIES Section 16.1. Defaults by LESSEE, Remedies. (a) Default in payment of Rent. Should LESSEE fail to pay to LESSOR any installment of rent when due, LESSEE shall be deemed in default of the LEASE and LESSEE shall either cure such default or surrender possession of the Premises to LESSOR within seven (7) days, after written notice of the Default is served on LESSEE. (b) Defaults Other than Rent. Should LESSEE fail to perform or comply with any of its obligations, covenants, conditions, agreements, or assurances, other than payment of rent, LESSEE shall be deemed in default of the LEASE and LESSEE shall either cure such default or surrender possession of the Premises to LESSOR within thirty (30) days after written notice of the Default is served upon the LESSEE. (c) Abandonment. Should the LESSEE. abandon the Premises, whether such abandonment is actually known to LESSOR or presumed, the Lessee shall be deemed in default of the LEASE. Absent actual knowledge by LESSOR of abandonment of the Premises, abandonment shall be presumed when: (1) LESSEE has been absent from the Premises for a Period of thirty (30) consecutive days; (2) LESSEE has not notified LESSOR in writing of the absence being intended; (3) the rent is not current; and (4) ninety (90) days have elapsed since service of a written notice on LESSEE of the default and LESSOR's intent to retake possession. (d) Right of Possession on Default. LESSOR may retake possession of the Premises without judicial action upon surrender or abandonment of the Premises by LESSEE. Should Lessee fail to cure a default under the LEASE, or in the alternative to surrender or abandon possession of the Premises within the time provided, LESSOR shall have the right to recover possession of the Premises Page 36 of 41 108 as provided by law in an action for possession. LESSOR's retaking of possession of the Premises, whether by LESSEE's surrender or abandonment of the Premises, or by judicial action, shall not be deemed a waiver of any of LESSOR's other claims, rights or remedies and will not terminate the LEASE absent notice of termination by LESSOR. LESSOR may at anytime after retaking possession or reletting, tenninate the LEASE for the default because of which LESSOR reentered. ARTICLE 17 HOLDOVER If LESSEE remains in possession of the Premises after the LEASE expires or terminates for any reason: (a) Lessee will be deemed to be occupying the Premises as a Lessee from month-to-month at the sufferance of LESSOR; and (b) Lessee shall reimburse LESSOR for any additional damages, which LESSOR suffers by reason of Lessee's continued occupancy. ARTICLE 18 TERMINATION Section 18.1. Breach. In the event of any breach or threatened breach by Lessee of any of the terms, provisions, agreements, or conditions in the LEASE, LESSOR shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise as through termination, reentry, summary proceedings, and other remedies not provided for in the LEASE. Section 18.2. Surrender. Upon the Termination of the LEASE and/or Expiration of the Tenn, or upon the termination Page 37 of 41 109 of LESSEE's right of possession, whether by lapse of time or at the option of LESSOR, LESSEE will at once surrender possession of the Premises to LESSOR and shall have a reasonable time to remove any personal property and equipment (non -fixtures) from Premises. If possession is not immediately surrendered, LESSOR may obtain possession of the Premises as provided by law (Section 83.05, Florida Statutes, or as that provision may be amended). ARTICLE 19 CONSTRUCTION OF LEASE Section 19.1. Merger. This LEASE and its attachments set out the entire agreement between the parties. There are no implied covenants or warranties except as expressly set forth herein. Section 19.2. Modification. No provisions of this LEASE and the Attachments hereto may be amended, extended, or modified except by written instrument executed by all parties to the LEASE. Section 19.3. Subordination. The LEASE shall be subordinate and subject to the provisions of any existing or future contract between LESSOR and the United States, relative to the development, operation, or maintenance of the AIRPORT, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development, operation, or maintenance of the AIRPORT. Section 19.4. Severability. If any part of the LEASE is found invalid or unenforceable by any court or any branch of the federal government having jurisdiction over the operation of the AIRPORT, including, but not limited to, the FAA, such invalidity or unenforceability shall not affect the other provisions of the LEASE if Page 38 of 41 110 the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effectuated. To that end, the separate provisions of the LEASE are declared severable. Section 19.5. Modifications by FAA. If any branch of the federal government having jurisdiction over the operation of the AIRPORT, including, but not limited to, the FAA, deems any provision to be in non-compliance, the parties agree to delete, insert, or modify to the extent necessary to bring such provision into compliance. Section 19.6. Review. The parties hereto acknowledge that they were given the opportunity to have their legal counsel review this LEASE and attachments, as well as the Attachments noted herein, and the terms and provisions shall be construed neither against, nor in favor of, any party hereto, but rather, in accordance with the fair and ordinary meaning thereof. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this LEASE on the date first written above. [SIGNATURE PAGES TO FOLLOW] Page 39 of 41 111 LESSEE — INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT (This section to be completed by LESSEE only) ATTEST: 10 Jeffrey R. Smith Clerk of Court and Comptroller [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER LESSEE: INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, By its Board of County Commissioners Sign: Peter D. O'Bryan Chairman Approved by BCC: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2022, by PETER D. O'BRYAN, Chairman, of the Board of County Comm=ssioners, on behalf of INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, who ❑ is personally known to me or ❑ has produced as identification. Seal: Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Sign: Notary Public, State of Florida at Large Print Name: Notary Commission No.: My Commission Expires: Approved as to County policy: Jason E. Brown, County Administrator P age 40 of 41 112 LESSOR — CITY OF VERO BEACH (This section to be completed by LESSOR only) ATTEST: Tammy K. Bursick City Clerk [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER LESSOR: CITY OF VERO BEACH a Florida Municipal corporation Robert Brackett Mayor Date: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this _ day of 2022, by ROBERT BRACKETT, the Mayor, and TAMMY K. BURSICK, the City Clerk. of the City of Vero Beach, Florida. Both are personally known to me. Sign: Notary Public, State of Florida at Large Seal: Print Name: Notary Commission No.: My Commission Expires: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: John S. Turner City Attorney Approved as to financial requirements: Cynthia 0, ,fawson Finance Director Approved as conforming to municipal policy: —f�\ '4 �-D 1� MonA K. Fal s, P.k. City Manager Approved as to technical requirements: r -),-k, g1k - J. Todd S6her Airport Director Fage 41 of 41 113 AGREEMENT TO PROVIDE AIRCRAFT RESCUE AND FIREFIGHTING SERVICES BETWEEN THE CITY OF VERO BEACH, FLORIDA ►19 INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT 114 Contents AGREEMENT TO PROVIDE ............................................... 1 AIRCRAFT RESCUE AND FIREFIGHTING SERVICES ............................ 1 ARTICLE ..........................................................4 PURPOSE...........................................................4 ARTICLE2 ..........................................................4 TERM; OPTION TO RENEW ............................................. 4 ARTICLE3 ...........................................................5 PAYMENT; PAYMENT ADJUSTMENTS ..................................... 5 ARTICLE ..........................................................6 ARFF VEHICLES; MINIMUM OBLIGATIONS AND RESPONSIBILITIES ............ 6 ARTICLE..........................................................8 ARFF PERSONNEL AND TRAINING ....................................... 8 ARTICLE..........................................................9 AMENDMENTS TO AGREEMENT ......................................... 9 ARTICLE.........................................................10 ATTORNEY'S FEES AND COSTS ......................................... 10 ARTICLE8 .........................................................10 NOTICE............................................................10 ARTICLE 10 ........................................................12 INDEMNIFICATION..................................................12 ARTICLEII........................................................12 DISCLAIMER OF THIRD PARTY BENEFICIARIES ........................... 12 ARTICLE12 ........................................................12 MISCELLANEOUS PROVISIONS ......................................... 12 DISTRICT — INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT ........ 14 CITY — CITY OF VERO BEACH .......................................... 15 ADMINISTRATIVE REVIEW ............................................ 15 Pale 2 of 15 115 AGREEMENT TO PROVIDE AIRCRAFT RESCUE AND FIREFIGHTING SERVICES BETWEEN THE CITY OF VERO BEACH AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT THIS AGREEMENT TO PROVIDE AIRCRAFT RESCUE AND FIREFIGHTING SERVICES ("Agreement"), is made and entered into as of the 1" day of 2022, by and between THE CITY OF VERO BEACH, a municipal corporation organized and existing under the laws of the state of Florida, whose mailing address is 1053 201h Place, P.O. Box 1389, Vero Beach, FL 32961-1389 ("City") and THE INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, organized under the laws of the state of Florida, whose mailing address is 180127 1h Street, Vero Beach, FL 32960 ("District"). City and District may also be referred to herein individually as a "parry" or collectively as the "parties." WHEREAS, the Vero Beach Regional Airport ("Airport") is owned by the City, and the City is vested with the power to operate the Airport, to =ease premises and facilities on the Airport, and to grant related rights and privileges; and, WHEREAS, in complying with the requirements of 14 CFR Part 139, the Airport must meet certain provisions regarding Aircraft Rescue and Firefighting ("ARFF") services to retain its federal certification and to remain eligible for Federal Airport Improvement Funds; and, WHEREAS, the City previously entered into an "Agreement to Provide Fire Services" executed on July 19th, 1989, wherein the South Indian River County Fire District (now Indian River County Emergency Services District) and City agreed that the District would provide ARFF services to the Airport; and, WHEREAS, the District leases property at the Airport to provide ARFF protection at the Airport, Pate 3 of 15 116 which provides valuable consideration for this Agreement; and, WHEREAS, the District has the equipment and capability to provide ARFF services, utilizing its leasehold on Airport property; and, WHEREAS, Agreement shall enable each respective local governmental unit to cooperate and to provide services and facilities in a manner that protects the health, safety, and welfare of its citizens. NOW, THEREFORE, City and District, for the consideration hereinafter named, agree as follows: ARTICLE 1 PURPOSE The parties agree that the above recitals are true and correct by this reference incorporated herein and made part thereof. ARTICLE 2 TERM; OPTION TO RENEW Section 2.1. Term. The Term of this Agreement shall be for a period of thirty (30) years from the Effective Date, commencing on 1, 2022, and terminating on 30, 2052, ("hereinafter Term"). Section 2.2. Option To Renew. Provided that this Agreement and any related agreement between the parties are in full force and effect, and neither party is in default or breach, the parties shall have the option to renew this Agreement for two 2 additional terms of ten (10) years per term. Such option(s) may only be exercised by signed, written agreement by the parties, and may only be exercised on the condition that District continues to provide ARFF services to City in accordance with a valid agreement, if City so requires. Page 4 of 15 117 ARTICLE 3 PAYMENT; PAYMENT ADJUSTMENTS Section 3.1. Payment. City shall pay District according to the following schedule: (1) Year One. Beginning with the effective date of this Agreement, City shall pay to District, as compensation for the services set forth herein, the sum of $168,950.40 for the year, payable in equal monthly installments of $14,079.20 per month for twelve (12) months. (2) Year Two. After the first year, City shall agree to pay to District the sum of $199,583.76 for the year of services, payable in equal monthly installments of $16,631.98 per month for twelve (12) months. (3) Year Three. After the second year, City shall agree to pay District the sum of $230,217.24 for the year, payable in equal monthly installments of $19,184.77 per month for twelve (12) months. (4) Year Four. After the third year, City shall pay to District the sum of $260,850.60 for the year, payable in equal monthly installments of $21,737.55 per month for twelve (12) months. (5) Year Five. After the fourth year, Ciy shall agree to pay District the sum of $291,483.96 for the year, payable in equal monthly installments of $24,290.33 per month for twelve (12) months. (6) Years Six to Thirty: All future monthly payments will be agreed upon in advance by both parties by an Amendment to the Agreement consistent with Section 3.2 below: Section 3.2. Payment Adjustment. Beginning on 1, 2027, and annually on each October 1St thereafter, including any renewal Term, City shall pay District an amount agreed upon by both parties. District shall submit to the City no later than May 1, 2027, and annually on each May 1St thereafter its proposal for any increases Page 5 of 15 118 in the annual payment amount, which must be directly related to providing ARFF services under this Agreement. Any proposed increase is limited to a maximum of fifteen percent (15%) of the prior year's total annual amount. Proposed increases shall be effective only upon the execution of an addendum to the Agreement that is signed by both parties. In the event the parties are unable to agree upon a proposed increase, City agrees to pay District the amount paid for the previous year. ARTICLE 4 ARFF VEHICLES• MINIMUM OBLIGATIONS AND RESPONSIBILITIES The District shall provide the City, and the City shall accept from the District, certified firefighting personnel as necessary to meet the requirements of Federal Aviation Regulations, Part 139 as provided herein, at the Airport: Section 4.1. ARFF Vehicles. (a) PURCHASING/OWNERSHIP: The vehicles dedicated to ARFF duties, hereinafter "Vehicles," shall be purchased by City and shall be provided to District for the purpose of complying with the Terms of this Agreement. Title to and ownership of Vehicles shall remain with City. Fuel for Vehicle shall be purchased by City. Unless expressly directed in writing by the Airport Director, or designee, Vehicles' sole purpose shall be the performance of ARFF services at the Airport. Vehicles may also be used for periodic ARFF training, and equipment testing and servicing. The City, in consultation with the District, will determine when replacement Vehicles or additional Vehicles are needed, and will coordinate to determine the type of Vehicles and associated equipment to be purchased. In the event of the temporary unavailability of any Vehicles, the City shall be responsible for ensuring that a temporary replacement Vehicle -s available. In the event that that there is a change in ARFF Index under Part 139 as determined by the City, the City shall be responsible for any additional Page 6 of 15 119 necessary training costs required by such change. (b) INSURANCE: Commercial Auto Insurance: District shall maintain commercial auto insurance for replacement value and automobile liability insurance for the Vehicle(s). The liability insurance shall be a combined single limit of $3,000,000. (c) MAINTENANCE: District shall, at all times, ensure the operational condition of ARFF Vehicles through regular functionality checks and inspections. Maintenance/repair of the chassis/drive train/engine and pump components shall be tie responsibility of the City and shall be coordinated through the City's Central Garage. (d) LIFE SAFETY: The maintenance and repair of Life Safety components and systems shall be the responsibility of District. In the event that repair and/or replacement of a Life Safety component is necessary, District shall follow the- purchasing procedures of Indian River County. District shall then complete the purchase/repair, including payments of the vendor(s), and District may then request reimbursement from the City. All reimbursement requests must include proof of vendor payment and any backup documents required by City to ensure compliance with purchasing procedures and state and local law. Section 4.2. Minimum Obligations and Responsibilities. (a) ARFF RESPONSE: On a twenty-four (24) hour daily basis, District shall keep and maintain at least one (1) ARFF-trained firefighter at Fire Station No. 3 located at the Airport , to be prepared and assigned the sole duty of responding to Airport accidents and incidents as necessary, with the Vehicle(s). (b) EQUIPMENT: District shall, at all times, maintain and keep in operable condition at the Airport fire station, a Vehicle equipped to meet the applicable provisions of 14 CFR Part 139. The Vehicle's sole purpose shall be to respond only to ARFF duties at the Airport. The Vehicle shall respond Page 7 of 15 120 only to such emergencies unless authorized by the Airport Director or City Manager. The City agrees to provide all necessary communications equipment for all ARFF vehicles and the personnel assigned to these vehicles for continuous communications with all responding agencies on the Harris 800Mhz system. (c) FUELING AGENT INSPECTIONS: District shall ensure that ARFF personnel conduct fire safety fueling inspections at the physical facilities of each airport fueling agent, as defined by the Airport Certification Manual, and in accordance with the provisions of FAR 139.321. (d) SPILLAGE; HAZARDOUS MATERIALS: District shall ensure that ARFF personnel supervises and directs all activities relating to accidents involving the spillage or possible release of fuel, oil, and other hazardous materials, which may occur at the Airport, in accordance with all applicable laws and professional standards. ARTICLE 5 ARFF PERSONNEL AND TRAINING (a) REQUIREMENTS: The District shall ensure that all firefighters assigned to ARFF services at the Airport shall be trained, by District, in accordance with the applicable provisions of Part 139, the Federal Regulations governing Airpo_-t certification as they now exist or may hereafter be amended, or to an alternate level of training and proficiency as agreed upon by both parties in the event that Part 139 no longer applies. District shall provide ARFF services to Airport in accordance with 14 CFR Part 139, or to an alternate level of training and proficiency as agreed upon by both parties in the event that Part 139 no longer applies, or to the training requirements necessary for any change in ARFF index as determined by the FAA, Airport, or the City. In the event that Part 139 no longer applies, but ARFF services are still required, the City shall be responsible for any training costs that exceed those required by Part 139. Pale 8 of 15 121 The District shall comply with all initial and recurrent training and recordkeeping required under Part 139.303, Federal Regulations. The District shall keep and maintain all training records for each individual performing such duties, whether on a full or part-time basis, at all times during the term of this Agreement and for at least five (5) years subsequent to the termination of this Agreement, or as required by law. In the event that that there is a change in ARFF Index under Part 139 as determined by the City, the City shall be responsible for any additional necessary training costs required by such change. (b) COSTS: Except as specifically stated herein, costs incidental to District's performance of services under this Agreement, including, but not limited to, salaries, employee benefits, worker's compensation coverage, utilities, liability, personal injury insurance, and required firefighting personnel, (`Costs") shall be at District's sole expense. The cost of the annual "Live Burn" training shall be divided evenly between District and City. City shall solicit and contract for live -burn training providers, and shall pay the entire upfront cost of each "Live Burn" training session as required by Part 139. Upon receipt of the Invoice, District shall promptly reimburse City for half (50%) of the total amount paid by City. ARTICLE 6 AMENDMENTS TO AGREEMENT The parties hereto agree to attempt to informally resolve the issue of whether any adjustments or amendments to the Costs contained herein may be necessary, before taking any other action. The parties agree to amend this Agreement and to adjust the cost, if necessary, to comply with any future amendments to 14 CFR Part 139 or as may be necessary due to a reclassification of the Airport under that provision. The parties may amend this Agreement only by written agreement of the parties. Page 9 of 15 122 ARTICLE 7 ATTORNEY'S FEES AND COSTS In the event there arises between the parties any dispute or litigation regarding the terms and conditions of this Agreement, each parry shall be responsible for its own attorney's fees and costs. ARTICLE 8 NOTICE Any notices that are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand -delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed: To DISTRICT: Indian River County Emergency Services District Attn: Chairman 1801 27th Street Vero Beach, Florida 32960 To CITY: Vero Beach Regional Airport Attn: Airport Director 3400 Cherokee Drive P. O. Box 1389 Vero Beach, Florida 32961-1389 Either parry may change these addresses by providing written notification to the other. ARTICLE 9 INSURANCE District must procure and maintain during the Term of this Agreement, at its own expense, for the protection of City and District, in form satisactory to City: Section 9.1. General Liability Insurance. District shall maintain general liability insurance providing all risks coverage which protects the City, the City's elected officials, employees, officers, and agents, and District, from claims arising from Page 10 of 15 123 bodily injury, property damage, operations, fire and legal liability. Such insurance coverage shall have a combined single limit of not less than $3,000,000 per occurrence/$3,000,000 aggregate. Coverage shall be provided in a form no more restrictive than the latest edition of the commercial general liability policy filed by the Insurance Services Office. District's insurance shall be primary and any other insurance maintained by the City shall be in excess of and shall not contribute with District's insurance. Section 9.2. Worker's Compensation Insurance. District shall maintain worker's compensation insurance meeting mandatory statutory limits, and include: ® $1,000,000 each accident • $1,000,000 bodily injury by disease each employee ® $1,000,000 bodily injury by disease policy limit. Section 9.3. Pollution Liability Insurance. District shall maintain pollution liability insurance for sudden or gradual release of pollutants. Such coverage shall have a minimum limit of $1,000,000 per occurrence. Section 9.4. Additionally Insurer. The City shall be named as an additional insured for liability insurance, and shall include provision of at least thirty (30) days' advance notice to City prior to any policy change, amendment, termination or expiration of coverage. District shall provide proof of the required insurance to the City before each term of coverage. District's insurance shall be primary and any other insurance maintained by the City shall be in excess of and shall not contribute with District's insurance. District shall be responsible for the payment of any applicable deductibles set out in the insurance. Page 11 of 15 124 ARTICLE 10 INDEMNIFICATION Only to the limits set forth in section 768.28, Florida Statutes, District agrees to indemnify and hold harmless City for any and all actions, claims, losses, and litigation including all costs and attorney's fees, through trial and appeal, arising out of cr connected in any way with District's services at the Airport pursuant to this Agreement, except with respect to any condition existing that is in City's sole control or arising from City's willful misconduct or gross negligence. Nothing in this Agreement or any other document shall be deemed to affect, limit, or waive any right, privilege, or immunity of the City or the District or the limited waiver of sovereign immunity set forth in section 768.28, Florida Statutes. ARTICLE 11 DISCLAIMER OF THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the parties and no right or cause of action shall accrue to or for the benefit of any third party that is not a formal party hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon or give any person or corporation other than the parties any right, remedy, or claim under or by reason of this Agreement or any provisions or conditions of it; and all of the provisions, cevenants, and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto. ARTICLE 12 MISCELLANEOUS PROVISIONS (a) This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. (b) This Agreement and incorporated attachments sets forth all the promises, agreements, conditions, and understandings, either oral or written, between the parties. No subsequent alteration, amendment, change, or addition to this Agreement will be binding on either party unless in writing and Page 12 of 15 125 signed by the parties. (c) District shall not assign or transfer any part of this Agreement without prior written consent of City, which shall be in City's sole discretion. (d) The terms of this Agreement shall be binding on the respective successors, contractors, representatives, agents, and assigns of the parties. (e) No claim or right arising out of a breach of this Agreement can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in a writing signed by the aggrieved party. SIGNATURE PAGES TO FOLLOW [Remainder of Page Intentionally Left Blank] Page 13 of 15 126 DISTRICT — INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT (This section to be completed by DISTRICT only) ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, By its Board of County Commissioners Sign: Peter D. O'Bryan Chairman Approved by BCC: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2022, by PETER D. O'BRYAN, Chairman, of the Board of County Commissioners, on behalf of INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, who ❑ is personally known to me or ❑ has produced as identification. Seal: Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Sign: Notary Public, State of Florida at Large Print Name: Notary Commission No.: My Commission Expires: Approved as to County policy: Jason E. Brown, County Administrator Page 14 of 15 127 CITY — CITY OF VERO BEACH (This section to be completed by CITY only) ATTEST: Tammy K. Bursick City Clerk [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VERO BEACH, a Florida Municipal corporation By: Robert Brackett Mayor Date: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2022, by ROBERT BRACKETT, the Mayor, and TAMMY K. BURSICK, the City Clerk, of the City of Vero Beach, Florida. Both are personally known to me. Sign: Notary Public, State of Florida at Large Seal: Print Name: Notary Commission No.: My Commission Expires: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency Jog S. Turner City Attorney Approved as to financial requirements: Cynthia D,:, awson Finance Director Approved as conforming to municipal policy: '' A�"' 0�1 Mont K. Fal s, P.ft City Manager Approved as to technical requirements: C��t� J. Todd c er Airport Director Page 15 of 15 128 ATTACH M ENT"A" RESOLUTION 2015- 30 A RESOLUTION OF THE CITY OF VERO BEACH, FLORIDA, PROVIDING FOR AN AIRPORT LEASING POLICY; REPEALING AND REPLACING RESOLUTION 2007- 18; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Vero Beach ("City") owns and operates the Vero Beach Regional Airport ("Airport"), and leases Airport property to various tenants; and, WHEREAS, federal law implemented by the Federal Aviation Administration ("FAA") through deed restrictions and grant assurances requires the City to operate the Airport as a public facility and to receive fair market value for the use of Airport property; and, WHEREAS, pursuant to these federal requirements, the City sets general leasing policy, including rental rates and concession fees for fixed base operators, other aviation -related uses, and non -aviation commercial uses at the Airport as established by resolution; and, WHEREAS, the Airport Leasing Policy ("Policy") established in this Resolution shall repeal and replace Rate Resolution 2007-18 and will ensure that the City continues to receive fair market value for leasehold interest in real property, as well as set concession fees for the privilege of doing business at the Airport; and, WHEREAS, the Policy will ensure that the Airport operates under good business practices by ensuring that each tenant receives fair and equitable treatment and continues to comply with federal law; and WHEREAS, the City Council of the City of Vero Beach ("City Council") finds that the adoption of the recommended Policy serves a municipal purpose and promotes the health, safety and welfare of the public and of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, THAT: Page 1 of 11 N:\PROPERTYMGT\2015 Updated Docs\2015 Updated Resolutions\150824 Airport Leasing Policy replacing Resolution 2007-18 EM.docx 129 Section 1. Adoption of "Whereas" Clauses. The foregoing "WHEREAS" clauses are hereby adopted and incorporated herein as forming the legislative findings, purpose, and intent of this Resoution. Section 2. General Airport Leasing Policy. A. Lease Negotiations. Lease negotiations by Airport staff shall consider the highest and best use of Airport property in accordance with FAA and Florida Department of Transportation ("FDOT") regulations, the Airport Master Plan, and direction by the City Manager. Lease terms shall not deviate from those herein unless recommended by the Airport Director and approved by the City Manager. Long term leases with an initial term of one (1) year or more shall be approved by the City Council; however, pursuant to the City Code, leases for a nonrenewable term of one (1) year or less may be executed on behalf of the City by the City Manager. All leases shall be approved by the City Attorney as to form and legal sufficiency. B. Competitive Proposals. In situations where more than one (1) prospective tenant indicates an interest in leasing the same property within the same general period of time, and all application requirements have been satisfied, the Airport Director's office will evaluate and select the proposal which best represents the overall public interest. The parties will then be notified of the Airport staffs recommendation, and will have the opportunity to support their individual proposals at a scheduled meeting before the Airport Commission and City Council. Final approval authority for the lease of airport real property rests with the City Council. C. Right of First Refusal. Airport policy does not allow a prospective tenant to secure a "right of first refusal," nor will the Airport remove any property from the market for any period of time for the purpose of future lease negotiations. Impartial consideration will be given to all parties who express a current interest in leasing real property, and who satisfy the following requirements: Page 2 of 11 NAPROPERTY MG7,2015 Updated Docs,2015 Updated Resolutions\150324 Airport Leasing Policy replacing Resolution 2007-18 EM.docx 130 1. Letter of Intent: Letter of intent must be provided by the prospective tenant to the Airport Director's office. The purpose of the letter is to confine the desire of the prospective tenant to enter into a lease agreement with the City, and to provide all required information for preparation of the lease agreement by including all of the following: a. Identify property to be leased. b. Describe the term of the lease, including any renewal options, along with the beginning and termination date. C. Names and addresses of authorized signatories. d. If a business is involved, provide business naive as filed with the Division of Corporations, as well as, titles, names, and addresses of Officers, Directors, Managing Partners, and/or Authorized Person(s) who will be signing the lease. C. Detailed description of the intended use of the property, including any special conditions that apply. f. Fully completed application form. 2. Advance Rent: Payment shall be in the amount of one (1) months' advance rent. Advance rent is not a security deposit. If the prospective tenant enters into a lease agreement with the City, these funds shall be considered to be the rent payment for the first month of the new lease agreement. If the prospective tenant is subsequently unable to reach an agreement with airport staff, or if the City Council declines to approve the proposed lease agreement for any reason, the money will be returned to the prospective tenant in full. If however, the prospective tenant decides not to enter into a lease agreement after the City has incurred expenses for the survey work, appraisal, environmental assessment, legal fees, etc., the prospective tenant shall forfeit the money to the Page 3 of 11 N:\PROPERTY MGT\2015 Updated Docs\2015 Updated Resolutions+.150824 Airport Leasing Policy replacing Resolution 2007-18 EM.docX 131 City as liquidated damages. 3. Rent Payment Protection (Security Deposit): a. New commercial tenants shall be required to provide a security deposit. All tenants are required to provide a security deposit to the City in the amount of three (3) months' rent, as protection for the performance of the terms of the lease. This requirement applies to prospective new tenants, as well as existing airport tenants who enter into new lease agreements with the City. Arrangements to provide the security deposit must b;,- completed by the prospective or existing tenant and approved by the Airport Director prior to the time the proposed lease agreement is submitted to the Airport Commission and City Council for consideration. Unless this requirement is waived under the conditions set forth in Section 2(C)3(b), the security deposit must remain in effect throughout the entire tenn of the lease agreement, including any option periods which are exercised by the tenant. The security deposit may be provided in any of the following forms: (1) Cash payment in the amount of three (3) months' rent. (2) An irrevocable Letter of Credit from a financial institution, in the fonn acceptable to the City, in the amount of three (3) months' rent. (3) A Certificate of Deposit from a financial institution, assigned to the City, in the amount of three (3) months' rent. b. For existing airport tenants only, the requirement for a security deposit may be waived (or a previously paid deposit may be refunded, if applicable) by the Airport Director. The security deposit shall be waived ONLY if the tenant has demonstrated an excellent rent payment history (no late payments) at the Vero Beach Regional Airport for a minimum of two (2) consecutive years, and either of the following Page 4 of 11 NAPROPERTY MGT' -7015 Updated Docs\2015 Updated ResolutionsU50324 Airport Leasing Policy replacing Resolution 2007-18 EM.docx 132 conditions is met: (1) Permanent improvements with an estimated value exceeding the amount of the normal security deposit (3 months' rent) have been constructed on the leased property; or (2) The tenant has signed a lease agreement in an individual capacity rather than as an officer of a corporation, thereby providing a personal guarantee for the performance of the terns and conditions of the lease agreement. c. The requirement for a security deposit relative to leasing scenarios other than those described herein shall be subject to review by City Management, Airport Commission, and City Council. Section 3. Rates and Fees. A. Land Rent and Concession Fees for Fixed Base Operators (FBOs): Rental rates shall be determined as described in this Section for leasehold interest in real Airport property, subject to CPI adjustment as provided in Section 3(H) below. In addition, for the privilege of doing business at the Airport, concession fee(s) may be charged as described in this Section. 1. Standard Land Rental Rate: (Aviation Development Land): a. Land Rental Rate: Rates per square foot per year will be determined based upon current market values; flus, b. Easement and/or Restricted -Use Land Rental Rate: One-half (1/2) of land rent rate determined in Section 3(A)1(a) above. 2. Concession Fees: a. Concession Fee 1 (Gross Receipts): Fees will be determined based upon current market values or at minimum of two percent (2%) of gross receipts, excluding Page 5 of 11 N:IPROPERTY MGT\2015 Updated Do&2015 Updated Resolution -,\150824 Airport Leasing Policy replacing Resolution 2007-18 EM.docx 133 aircraft sales, whichever is greater on a monthly basis. One quarter of one percent (0.25%) for aircraft sales. b. Concession Fee 2 (Fuel Flowage sales): Fees, if applicable, will be charged at a rate of $0.05 per gallon of fuel pumped, whether for sale or not, said rate to be adjusted periodically based on current market values, with the approval of the City Manager. B. Land Rent and Concession Fees for Specialized Aeronautical Service Operators (SASOs): Rental rates for leasehold interest in real property (subject to adjustment as provided in Section 3(H)), and, if applicable, concession fee(s) for the privilege of doing business at the Airport, for aviation -related uses, which are not defined as "Fixed Base Ope--ators" in the Airport's Minimum Standards shall be as follows: 1. Standard Land Rental Rate (Aviation Development Land): a. Land Rental Rate: Rates per square foot per year will be determined based upon current market values; plus, b. Easement and/or Restricted -Use Land Rental Rate: One-half (1/2) of land rental rate determined in Section 3(B)1(a) above. 2. Concession Fees: a. Concession Fee 1 (Gross Receipts): Percentage fees (if applicable) will be determined based on cu -rent market values or at minimum of two percent (2%) of gross receipts, excluding aircraft sales, whichever is greater, on a monthly basis. One quarter of one percent (0.25%) for aircraft sales. b. Concession Fee 2 (Fue_ Flowage usage): Fees (if applicable) will be charged at a rate of $0.05 per gallon of fuel pumped, whether for sale or not, said rate to be adjusted periodically based on current market values, with approval of the City Page 6of11 NAPROPERTY b1GM015 Updated Does12015 Updated ResolutionsU 50824 Airport Leasing Policy replacing Resolution 2007-18 EM.docx 134 Manager. C. Land Rent and Concession Fees for Commercial Users (Aviation -Use Only): Rental rates for leasehold interest in real property (subject to CPI adjustment as provided in Section 3(H)), and, if applicable, Concession Fee(s) for the privilege of doing business at the Airport, for aviation - related uses for commercial aviation -use only shall be as follows: 1. Standard Land Rental Rate: (Av_ation-Use Development Land): a. Land Rental Rate: Rates per square foot per year will be determined based on current market values, plus, b. Easement and/or Restricted -Use Land Rental Rate: One-half (1/2) of land rent rate determined in Section 3(C) l (a) above. 2. Concession Fee 2 (Fuel Flowage): Fees (if applicable) will be charged at a rate of $0.05 per gallon of fuel pumped, whether for sale or not, said rate to be adjusted periodically based on current market values, with the approval of the City Manager. D. Land Rent and Concession Fees fo Commercial Users (Non -Aviation Use): Rental rates for leasehold interest in real property (subject to adjustment as provided in Section 3(H)), and if applicable, Concession Fee(s) for the privilege of doing business at the Airport, for non -aviation commercial uses shall be as follows: 1. Standard Land Rental Rate: (Non -Aviation Development Land): a. Land Rental Rate: Rates per square foot per year will be determined based on current market values, plus, b. Easement and/or Restricted -Use Land Rental Rate: One-half (1/2) of land rent rate determined in Section 3(D)1(a) above. Page 7ofII N:\PROPERTY MGTi2015 Updated Do. -s\2015 Updated Resolutions\150824 Airport Leasing Policy replacing Resolution 2007-18 EM.docx 135 2. Concession Fee 1 (Gross Receipts): Percentage fees (if applicable) will be determined based on currer_t market values or at minimum of two percent (2%) of gross receipts, excluding aircraft sales, whichever is greater, on a monthly basis. One quarter of one percent (0.25%) for aircraft sales. E. Building Rent and Concession Fee far Aviation and Non -Aviation Users (Multiple Tenants): Rental rates for buildings with multiple tenwits, where ownership is held by the City, and if applicable, Concession Fee(s) for the privilege of doing business at the Airport, shall be as follows: 1. Standard Building Rental Rate (.Multiple Tenants): Rental rates for buildings and improvements, where ownership is held by the City, occupied by multiple tenants, shall be established by the City Manager in the manner set forth in Section 3(G) and shall include a proportionate charge for Common Area Maintenance (CAM). 2. Concession Fee 1 (Gross Receipts): Percentage fees (if applicable) will be determined based on current market values or at rninimum of two percent (2%) of gross receipts, excluding aircraft sales, whichever is greater, on a monthly basis. One quarter of one percent (0.25%) for aircraft sates. F. Building Rent and Concession Fee for Aviation and Non -Aviation Users (One (1) Tenant): Rental rates for buildings, where the ownership is held by the City, shall be as follows: 1. Standard Building Rental Rate (One (1) Tenant): Rental rates for buildings and improvements, where ownership is held by Landlord, occupied by one (1) tenant who enjoys sole use of the leased premises shall be established by the City Manager in the manner set forth in Section 3(G). In addition to the rental charge for the buildings and improvements, the land included in the leased premises shall carry a rental rate as established in Sections 3(A), 3(B), 3(C), and/or 3(D). Page 8 of 11 N.\PRQPERTY MGI12015 Updated Docs\2015 Updated Resolutions\150524 Aitport Leasing Policy replacing Resolution 2007-18 EM.doCX 136 2. Concession Fee 1 (Gross Receipts): Percentage fees (if applicable) will be determined based on current market values or at minimum of two percent (2%) of gross receipts, excluding aircraft sales, whichever is greater, on a monthly basis. One quarter of one percent (0.25%) for aircraft sales. G. Capitalization Rate: Rental rates on leases for buildings and improvements, where ownership is held by the City, shall be initiated at a maximum of ten percent (10%) per year of the appraised value of such buildings and improvements, Gs determined by a state -certified appraiser. The rent charged for such buildings and improvements during the initial tern of the lease agreement shall be subject to the annual CPI adjustments described in Section 3(H), and fiurther adjusted prior to the beginning of any extension or renegotiation of the initial term of the lease, as described in Section 3(l). H. Annual Consumer Price Index (CPI) Adjustment: Beginning on October lst ofthe year following the year in which the lease agreement is executed, and annually on each October I st thereafter, including the renewal term pursuant to an option exercised under the lease agreement, if any, the rent shall be adjusted in accordance with the percentage change in the index known at the time the lease agreement is executed as the "United Stades Bureau of Labor Statistics Consumer Price Index (CPI) for All Urban Consumers," using the July to July report. This adjustment shall be referred to as "the CPI adjustment." If the CPI ceases to be published, the successor index shall be used. In no event shall the rental rate be less than the rental rate set for the previous year of the lease agreement. Market Value Rent Adjustment: In addition to the CPI Adjustment set out above, there shall be a review of building and Page 9ofII NAPROPERTY MG _7015 Updated Do&0015 Updated Resolutions%150I24 Airport Leasing Policy replacing Resolution 2007-18 EM.docx 137 improvement market values prior to any lease extension or renegotiation to bring rental rates computed upon market values up to current market levels when applying the Capitalization Rate method above. A market value apprzisal shall be completed upon leased buildings and improvements where ownership is held by the Airport prior to confilination of a tenant's notice of intent to extend the lease of such buildings and/or improvements, to adjust the then current rental amount being charged on the lease to an amount equivalent to the capitalization rate applied to the updated market value. It is the intent of this provision to update rental amounts on buildings and improvements where ownership is held by the City prior to lease extensions or renegotiations in the same manner rental amounts are set upon buildings and improvements in Section 3(G) above. This provision shall apply to new leases entered into by the City after the adoption of this resolution, and to any extension or renegotiation of an existing lease initiated by the tenant. Section 4. Repeal and replacement, Resolution 2007-18 is hereby repealed and replaced by this Resolution No. 2015 - Section 5. Conflict and severability. The provisions of this Resolution shall control over those provisions of previously adopted resolutions in conflict herewith. If any provision of this Resolution is held to be invalid, unconstitutional, or unenforceable for any reason by a court of competent jurisdictions, such invalidity shall not affect dle validity of the remaining portions. Section 6. Effective date. This Resolution shall become effective upon adoption. [Signature Pages Follow] Page 10 of I I NAPRQPERTY MGT12015 Updated Docs' 015 Updated ResoluconskI50924 AirportLeasing Policy replacing Resolution 2007-18 EM.docx 138 Citv of Vero Beach t This Resolution was moved for adoption by Councilmember 1'1 f1 Ct' i1rl i seconded by Councilmember i n (1 %q1 L f,) , and adopted on the day of ;, .',0" ZjtP , s 2015 by the following vote: Mayor Richard G. Winger Vice Mayor Jay Kramer Councilmember Amelia Graves Councilmember Pilar E. Turner Councilmember Randolph B. Old ATTEST: dYes Yes Yes Yes [�{ Y6 CITY OF VETO BE, Tammy K. Vock City Clerk Approved as to fonn and legal. sufficiency: Wayrie`rR. Colnent City -attorney Approved as to technical requirements: t+� s Ericson W. Menger Airport Director Richard G. `ginger Mayor ❑ No ❑ No ❑ No ❑ No ❑ No FLORIDA Approved as conforming to municipal poli �arxres R. O'Connor City Manager Approved as conforming to financial: policy: Cyn db. Lawson Fina _ee Director Page 11 of I 1 N:\PROPE-RTY MGT\2015 Updated 6ocsL015 Updated Resolutions\1509--,4 Airport Leasing Policy replacing Resolution 2007-18 EM.docx 139 Property Description Lease Description #2020-08 Airport Parcel -Fire Station #3 September 22, 2021 EXHIBIT "A" PROPERTY FOR ' 11 1 11 1 N1' ill 11.11 I: ` Situated in the State of Florida, County of Indian River, City of Vero Beach, being a portion of Section 34, Township 32 South, Range 39 East, and being more particularly bounded and described as follows: Commencing at the Southeast comer of said Section 34; Thence north along the West line of said Section 34 for a distance of 1,179.0 feet; Thence east of and perpendicular to said west line for a distance of 75.0 feet to a point on the east right of way line of 43rd Avenue and Point of Beginning of said parcel; Thence from the Point of Beginn,ng, continue east of and perpendicular to said west line for a distance of 474.0 feet; Thence north of and parallel with said west line for a distance of 250.0 feet; Thence west of and perpendicular to said west line for a distance of 474.0 feet to a point on the east right of way line of 43-d Avenue; Thence south along said east rigl-t of way line and parallel with said west line for a distance of 250.0 feet to the Point of Beginning; Said parcel subject to a 15,000 square foot drainage right of way over the east 60.0 feet of the west 320.0 feet of said parcel, per 43rd Avenue Right of Way Map recorded in Plat Book 7, page 85 of the Public Records of Indian River County, Florida; Said parcel contains 103,500 square feet, total, more or less. S'1Property Descrlptions\2020\2020-08 Fire Station #3_Sep 22 2021.doc Sheet 1 of 2 David Gay, PSM #59% ; .... ... I <<t1ca n 14p. .. Prae�p .y -VO �� 1619 •� tryQ F.i m YV Ld n LLJ 9 Off - n•• Q = V) 1 3 q4 Co < I p m J Q Q O m W I- LOO C� O a O �LO H N o r > in - Lr) z w = N N c— 'L+0 w VV+ O Z 6 �m Q n O < U O d 7 U O t0 oW z o O O _ IZ ---- - - - - - _ _ U - _ dU)o,-Q Q >-t W v ® 3 w N o Q z O` o 0a J O O o _ U F Q > Z V) o < LLI LLJ LLJ O z OoQ :D LLJ LO 0� < m® 9t9 't �S W F- O QU z 4 cy Q= H O o z CD z z o a Q O h- U � N 1O O LLJ 0 o 0 cn Q cfl _ z = W F-cl)Q, Q N �' n n U _ U W m o o i ® C L W O _ LLJ LLJ Z ®z w > IL Z ~ o U 0 v z b V) O 3: (D Ln (M/a '0p L) I ...._.... _ 3nN3AH a?1£f�._._ .o•sl d 0 u J a v z Y 0 o>— U 0 w U C7 ro m z_ o cr- a aw - w w LL z z > o c� _ p z w �z � U E - CK LLJ Q > S a_ F- W Exhibit B Advantage Consulting, LLC Diverse, Innovative, Responsive, Effective 410 Lake Lenelle Drive Cnuluota, Florida 32766 ENVIRONMENTAL SITE ASSESSMENT PHASE I VERO BEACH AIRPORT FIRE STATION #3 29.n AIPPOPT WFAT I)RIVF VFPn RF®P_1.1 FI '19AR7 City of Vero Beach — Vero Beach Regional Airport Vero Beach, Florida 32960-4506 Prepared for and Submitted to: Mr. Todd Scher, Airport Manager Vero Beach Regional Airport Vero Beach, Florida 32960-4506 Prepared by: Gary Exner, CHMM, CFEA, REPA Advantage Consulting LLC 410 Lake Lenelle Drive Chuluota, FL 32766 407!312-5066 October 6, 2021 ADVANTAGE CONSULTING LLC 142 Table of Contents SECTION 1.0 EXECUTIVE SUMMARY................................................................ PAGE 1.1 INTRODUCTION..................................................................................................................1 1.1.1 Purpose......................................................................................................................1 1.1.2 Special Terms and Conditions....................................................................................1 1.1.3 Limitations and Exceptions of Assessment.................................................................2 1.1.4 Limited Conditions and Methodolcgy Used.................................................................2 2.0 SITE DESCRIPTION............................................................................................................4 2.0.1 Location and Legal Description...................................................................................4 2.0.2 Site and Vicinity Characteristics..................................................................................5 2.0.3 Structures.. Roads, and Other Site Improvements.......................................................5 2.0.4 Environmental Liens on the Property..........................................................................5 2.0.5 Current Uses of the Property.......................................................................................5 2.0.6 Past Uses of the Property...........................................................................................5 2.0.7 Current and Past Uses of Adjoining Properties...........................................................6 2.0.8 Site Map.....................................................................................................................6 2.1 RECORDS REVIEW............................................................................................................6 2.1.1 Standard Environmental Record S-ources, Federal and State.....................................6 2.1.2 Physical Setting Sources............................................................................................7 2.1.3 Historical Use Information..........................................................................................7 2.2 INFORMATION FROM SITE RECONNAISSANCE AND INTERVIEWS...............................8 2.2.1 Hazardous Substance Containers and Unidentified Substance Containers ................8 2.2.2 Hazardous Substance Containers and Unidentified Substance Containers ................8 2.2.3 Storage Tanks...........................................................................................................8 2.2.4 Indicators of PCBs......................................................................................................8 2.2.5 Indicators of Solid Waste Disposal..............................................................................9 2.2.6 Physical Setting Analysis...........................................................................................9 2.2.7 Other Conditions of ConceYn......................................................................................9 2.2.8 Site Plan.....................................................................................................................9 2.3 FINDINGS AND CONCLUSIONS........................................................................................9 143 APPENDICES SiteVicinity Map..........................................................................................................Appendix I Project Location Map/Aerial Photographs...................................................................Appendix II Environmental Database—EDR/FirstSearch Technology Corp.+ Surveys ................. Appendix III SitePhotographs.......................................................................................................Appendix IV Soils Map and FEMA Flood Prone Area Map..............................................................Appendix V USGS 7.5 -Minute Topographic Map, Vero Beach, FL Quadrangle.............................Appendix VI HistoricAerials..........................................................................................................Appendix VII Resumes.................................................................................................Appendix VIII 144 Page 1 1.0 EXECUTIVE SUMMARY The Consultant, Gary Exner of Advantage Consulting LLC, conducted a detailed Phase I Environmental Site Assessment (ESA) on October 5, 2021 of the subject property located at 2950 Airport West Drive, Vero Beach, FL 32967, serving as the ARRF (Aircraft Rescue and Fire Fighting) station adjacent to the Vero Beah Regional Airport. The property is presently owned by the City of Vero Beach as part of the Vero Beach Regional Airport properties. The property is identified as Indian River County Property Appraiser Property Identification #53970, Parcet ID# 32-39-26-00011-0480-00001.1, and is estimated to be approximately 2.72+/- Acres or 118,483+/- (SF) Square Feet in size. The parcel lies in Section 34, Township 32S, Range 26E is currently developed, and contains a single -story building with offices, fire rescue and fire fighting equipment, and storage/warehouse space. The subject parcel is an irregularly shaped rectangular parcel in the southwest side of the airport -owned property (see Site Vicinity Map - Appendix 1). The subject structure is 19,399 SF overall with 9,275 SF heated area, and was actually built in 1985. The subject property is further described in the Indian River County Property Appraiser's record cards included in Appendix Il. The ESA was performed in accordance with the American Society for Testing and Materials Standard Practice for Environmental Site Assessments (ASTM Practice E 1527- 05E), Sections 6-11. hon -scope considerations. as defined in the standard practice, were not addressed. Based on the unknown historic use of the parcels and future excavation/development plans, additional inspections, sampling, and laboratory analyses may be necessary. 1.1 INTRODUCTION 1.1.1 Purpose The purpose of this Phase I ESA is to determine the likelihood of hazardous or petroleum substances being present on the subject property that would result in cleanup liability on behalf of the property owner. Almost all businesses use products containing hazardous or toxic materials as defined by the Comprehensive Environmental Response, Compensation,. and Liability Act (CERCLA) or the various environmental regulatory agencies. Often, the amount of material stored, generated, or disposed does not exceed reportable quantities as defined in Federal, State, or local environmental regulations. As a result, this report does not address hazardous or toxic substances that currently appear to be present in very small quantities below reportable levels, but over a length of time could exceed reportable quantities. The purpose and objective of the standard Phase I ESA was met through a physical site investigation of the subject parcel, a limited investigation of adjacent properties, interviews, and a review of Florida Department of Environmental Protection (FDEP) and available EDR (EDR/FirstSearch Technology Corporation) environmental databases. 1.1.2 Special Terms and Conditions This Phase I report is a professional opinion of the possibility of contamination impacts to the subject property resulting from direct visual observation and review of available EDR file information as compiled by others. This report was performed as a standardized ESA Phase 1 which did not include sampling or analyses of asbestos and/or lead based paints as a preemptive evaluation of potential risks that may be associated with any planned excavations/demolition of ground surfaces on the subject sites. The assessment does not include such environmental issues as naturally occurring toxic substances in the subsurface soils, rocks, water and/or toxicity of on-site flora, toxicity of common household products or consumables, contaminants or contaminant concentrations that are not now Recognized Environmental Concerns (REC), but may be under future regulations, radon gas, or wetland issues. 145 Page 2 1.1.3 Limitations and Exceptions of Assessment The focus of this Phase I ESA is to evaluate the presence of hazardous or petroleum substance contamination resulting from past and current uses of the subject property and adjacent properties. The assessment is limited to conditions observed on and around the existing properties during the inspection survey. Areas that are not addressed as part of the ESA are as follows: naturally occurring toxic substances in the subsurface soils, rocks, water, and/or toxicity of on- site flora; toxicity of substances common in habitable environments, such as stored household products, or consumables; contaminants or contaminant concentrations that are not a concern now but may be under future regulations. The level of environmental investigation for this ESA Phase 1 does not include intrusive testing or analysis of soils or groundwater as an assessment of any recognized or suspected contamination. This report does recommend further investigative action if Recognized Environmental Concerns (REC) are observed and that may be prudent to evaluated further to confirm suspected contaminants found. An ESA is typically valid for six months, as that is the update frequency of FDEP file data. 1.1.4 Limiting Conditions and Methodology Used Information and data supplied to this Consultant by others (EDR) considered in this assessment is from sources nationally recognized as reliable, but no responsibility is assumed by Advantage Consulting LLC for its. accuracy. This ESA Phase I is limited tc observations by an experienced environmental scientist rendering a professional opinion of the site project area. It is also the result of the research of available public record files compiled by EDR. Intrusive testing for elemental sampling of the physical components of a property such as soil and groundwater is not typically performed nor analyzed at the Phase 1 ESA level of inspection. However, because the age of the overall surrounding airport properties (circa 1930) and the selection of the airport commissioned as a naval air station in 1942, it is possible hazardous or toxic materials may have been either stored or disposed of on or near the subject parcel. Asbestos or lead-based paints were used during the war years when the naval air station was active. Most of these products were banned from use prior to 1987. The use of asbestos was phased out in 1989 and banned entirely in December 2003. No evidence of these possible RECs was observed or indicated during the field inspection. The National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations under the Clean Air Act specify work practices for asbestos to be followed during demolitions and renovations of all structures, installations, and buildings (excluding residential buildings that have four or fewer dwelling units). The regulations require the owner of the building or the operator to notify the appropriate state agency before any demolition, or before any renovations of buildings that could contain a certain threshold amount of asbestos or asbestos -containing material. In addition, particular manufacturing and fabricating operations either cannot emit visible emissions into the outside air or must follow air cleaning procedures, as well as follow certain requirements when removing asbestos -containing waste. 146 Page 3 The Asbestos Hazard Emergency Response Act (AHERA)'s Model Accreditation Plan (MAP) requires that asbestos professionals (including any worker, contractor or supervisor, inspector, management planner, or project designer) working with asbestos -containing building materials in a school, public or commercial building be accredited under a training program at least as stringent as the EPA Model Accreditation Plan (MAP). In addition, state and local agencies may have more stringent standards than those required by the federal government. Congress passed the Residential Lead -Based Paint (LBP) Hazard Reduction Act of 1992, also known as Title X, to protect families from exposure to lead from paint, dust, and soil. Section 1018 of this law directed HUD and EPA to require the disclosure of known information on lead-based paint and lead- based paint hazards before the sale or lease of most housing built before 1978. The United States' Consumer Product Safety Commission (CPSC, banned lead paint in 1977 in residential properties and public buildinqs (16 Code of Federal Reaulations 1303). Non-residential Structures - Waste Dete,minatio� & Management LBP debris that comes from commercial or industrial sources, as opposed to households, may be subject to state and federal hazardous waste rules. In this case the generator must determine whether the debris fails, or is likely to fail, the toxicity characteristic for lead. Two scenarios are outlined below for making the waste determination and then managing the LBP debris in accordance with applicable standards: 1) whole -building demolition, and 2) renovationlabatement. Whole -Building Demolition The US EPA has stated that solid architectu,al components coated with LBP are less likely to be hazardous because of the small ratio of lead paint to total waste mass 1. The US Army conducted a study which concluded that whole -building demolition debris is not likely to exceed the toxicity characteristic standard for lead if it is handled as a single, whole waste stream and disposed of all together 2. Whole - building demolition debris is therefore considered a non -hazardous waste with regard to lead. No sampling/analysis of painted components for lead is required for disposal as non -hazardous waste. Proposed in January of 2006 to "reduce exposure to lead hazards created by renovation, repair, and painting activities that disturb lead-based paint and support the Federal Government's goal of eliminating childhood lead poisoning by 2010", the current regulations took effect on April 22, 2010. The rule requires that property owners, managers and contractors performing renovation, repair and painting activities that will disturb lead-based paint in pre -1978 housing or a child -occupied facility must be certified and follow the lead -safe work practices required by EPA's Lead, Renovation, Repair and Painting Program. To become certified, there must be an "application for firm certification" and payment of a fee to the EPA. An application must be approved or disapproved within 90 days after the EPA receives a complete application. There is the potential of $37,500 -a -day fines for violation. The site inspection was performed by walking the parcel boundary and accessible areas around and outside the property. In addition, observations were made of adjacent properties looking for RECs. The site reconnaissance was performed on October 5, 2021 by Gary Exner of Advantage Consulting LLC. This ESA Phase I report incorporates the EDR/FirstSearch Technology Corporation's Environmental FirstSearch Report to locate available regulatory agency (FDEP/USEPA) information pertaining to hazardous/petroleum materials (see Appendix Illi. 147 Page 4 The EDR/FirstSearch Report meets the govemment records search requirements of ASTM Standard Practice for Environmental Site Assessments, E 1527-05E. The following files were searched for any sites with hazardous/petroleum material records and/or violations: Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS), Toxic Site Directory; (TSD), Generators (GEN), Emergency Response Notification System (ERNS), National Priority List (NPL), Resource Conservation and Recovery Information System (RCRIS), Facility Index System (FINDS), RCRA Administrative Action Tracking System (RAATS), Underground Storage Tanks (UST), Leaking Underground Storage Tanks (LUST), Toxic Release Inventory (TRI), State Superfund Sites, Solid Waste Facilities, and orphan reports for Indian River County, including Civil Enforcement Docket /Leaking Tank Sites. Photographs of potential contamination sources were taken on the subject property (see Appendix IV). Available historic aerial photographs (1543 - 2020) were reviewed to identify any activities that may have shown that contamination from hazardous or petroleum substance generation, storage, or transportation may have occurred within the subject property area. A cursory review of soils was conducted using the NRCS Soil Survey for Indian River County, Florida (see Appendix V). The primary soil type found on the subject site is identified as EauGallie fine sand (3) which covers 100% of the area of the parcel. The Vero Beach, Florida USGS Quad map can be found in Appendix VI. Interviews, inquiries, and database searches were compiled from the Florida Department of Environmental Protection (FDEP), FDEP's OCULUS Site, and the USEPA Envirofacts, and EDR/First Search Technology Corporation -Environmental Database. A resume of the consultant for this investigation can be found in Appendix VII. 2.0 SITE DESCRIPTION 2.0.1 Location and Legal Description According to information supplied to Advantage Consulting LLC by the Vero Beach Regional Airport staff, the subject property is located adjacent and southwest of airport Runway 4 on Vero Beach Regional Airport property. The subject property is presently developed and contains a single -story building with office space and fire rescue and firefighting warehouse facilities. The parcel also contains two large, 2,000 Gallon capacity, Above Ground Fuel Storage Diesel Tank (AST) at the northeast side of the property. Airport vegetation groundcover and typical landscape vegetation currently exist on the north and west sides of the building around the paved parking lot area for the property (see Photographs). The property area is served by Vero Beach Municipal Power electrical service, and municipal water and sewer. Property Legal Descriptions, as desc-ibed in the Indian River County Property Appraisers information, can be found in Appendix II. Page 5 2.0.2 Site and Vicinity Characteristics According to the USGS Topographic Map of the Vero Beach, Florida Quadrangle, included as Appendix VI of this report, the relative elevation for the subject property is approximately 24-feet NGVD. Other properties surrounding the subject parcel was occupied and functioning as an Aircraft Rescue and Fire Fighting airport-related building. The City of Vero Beach Fire Station 3 is located at 2950 Airport West Drive, Vero Beach, Florida, with two, lage Liquid Propane (LP) Above Ground Storage Tanks (ASTs) at the northeast side of the site. A propane tank and an emergency back-up generator is situated next to the rear of the main building, south of the fire truck bays. 2.0.3 Structures, Roads, Other Site Improvements Site improvements in the area consist of paved parking lot areas, sidewalks, and Above-Ground Fuel Storage Tanks (AST) at the northeast corner of the concrete block building, and electrical service poles. Power service transformers and the ground surfaces were checked for indication of leaked electrolytes that may have contained polychlorinated biphenyls (PCBs). No indications of leaks or spills were found at the bases of the poles. Overhead power utilities were observed along the north side of the property. Water and sewer utility service is available for connection to the subject site. 2.0.4 Environmental Liens on the Property A Chain-of-Title was not provided to Advantage Consulting LLC for review. No readily available information was provided to indicate that there were any environmental liens or activities and/or land limitations recorded against the property. 2.0.5 Current Uses of the Property Currently, the subject property is currently occupied by Florida Power and Light (FPL). No hazardous or toxic items appeared to have been stored on the property. No problem areas were obvious during the site inspection. There were no obvious conditions that indicated that reportable quantities of hazardous or toxic materials had ever been generated, transported, or stored on the subject property. 2.0.6 Past Uses of the Property According to the aerial photographs reviewed for the years 1943-2020 (see Historic Aerial Photographs), other than the structures apparent in the historic aerials from the time the U.S. Naval Air Station was in operation, however recent site development has occurred on the property. Many other industrial features and airport lands have changed over the years in this region of the Vero Beach Regional Airport. There were no pits, ponds, lagoons, or other surface water bodies situated directly on the property, however a small, drainage ditch crosses from south to north just east of the site, and a triangular-shaped stormwater retention pond lie to the north of the subject parcel across Airport West Drive. The drainage ditch collects stormwater and drains to the south where it connects with a major drainage flowway south of the airport. The airport maintenance program apparently includes periodic mowing of the healthy ground cover vegetation. No evidence of any contamination was obvious anywhere on the subject parcel. No evidence of dumping, land filling, or other uncontrolled activities, which could have posed Recognized Environmental Concerns (RECs) with regard to the subject parcel were identified during the course of the site inspection, or in the aerial photographs and database reviews. 149 Page 6 2.0.7 Current and Past Uses of Adioining Properties The subject parcel lies southwest of the AOA ferce and all movement areas for the airport. Corporate Air Inc, and the Paris Air Fuel storage ASTs lie on airport West Drive at 3300, and north of the subject site. The City of Vero Beach Engineering Facility and its two AST fuel storage tanks lie to the northwest of the subject site. Site conditions have not changed appreciably since 1983, when the subject building was built (1985). The Florida Department of Environmental Protection (FDEP) monitors regular testing and reporting requirements of the City of Vero Beach wellfields northeast of the subject site. It is unlikely that any contaminants associated with any un -documented releases, in the past, that may have occurred in the area of the subject site, would have migrated northeast toward the wellfields. There were no signs of stressed vegetation anywhere on the subject parcel. Historical reviews of FDEP files were inspected for evidence of potential contamination toward the subject properties. Reviews did not show that any hazardous or toxic contamination was obvious at the subject parcel. 2.0.8 Site Map A 2021 Indian River County aerial of the subject parcel is attached as Appendix II of this report. 2.1 RECORDS REVIEW 2.1.1 Standard Environmental Record Sources, Federal and State Records were researched through the Florida Department of Environmental Protection OCULUS database, and a search of all available environmental records was conducted by EDR/First Search Technology Corp. The database report, included as Appendix III, meets the government records search requirements of ASTM Standard Practice for Environmental Site Assessments, E 1527-05E. There were 10 listed sites located within <1/81' of a mile to 1/2 mile, and 4 listed sites are at 1/2 mile of the subject property. The sites Al, A21 3, 5, E, 7, 8, and 9 are located at higher elevations than the subject site. Piper Aircraft Corporation is at the same elevation but located 0.831 miles further east than the subject site. Nine of the listed sites are located east, northeast, south, or southeast of the subject site. Only listed me b is iocatea u.44y mres norm Ot the supiect Site. Fay 150 Msr:.—= o�.r m a 0-; +, rT-VAtM:rS,a th{^u.r, 7CPt."�?s_iC euT .syn.. t^i.:n"3. kra% s, sxn b.Xr..%➢'e'`Y'"t may{ 41M AA rRXa%<— MA :Ffe¢.. nl4F'kX- r .,_ar..E srxvs xwrr Fse'rm•ncz�ae Aer. r,,,,t+„+w. . « t {"' 1.:*F- c cr,::'X9 vi7.W{S: ia7.F {.N +;f;ri er?{:rr WAC' Idle 'tM-0-M,*+ .. OtAONtP$ K'l A 4"!*`h.�t ;UV.U4' 4qt. ;4ss4174438 .,ITM M& 114 Ff:VSw-" && r4'tR tMAt t"A rmv(i-WA4 i.Cw:'4FT+ v#.a' i o.G{Ri,=c 11S -=Aoi ZVI M MSY Avw.l ' :.V4 y+RN nTS`A4d k 'J'?aiis. isf+Y dosa.A <l'v *:. a GEae]i3Ai.A{F'.^-LCf. FAS;K'�C.E Ain^!Y.- R^^.i.+ rkjee� 3:h�'s 4'+il E9 150 Page 7 One of the sites, Piper Aircraft Corp. was listed as a National Priorities List (NPL), RCRA-LQG (Large Quantity Generator) situated east of the subject site. One site (Piper Aircraft Corp.) was listed as a CERCLIS site located east-southeast of the sbject site. The NPL/CERCLIS site was reported as the Piper Aircraft Corporation (a Superfund Enforcement) facility. There were 2 Leaking Underground Storage Tanks (LUSTs) and 2 were listed as Registered Above Ground Storage Tanks (ASTs) facilities. Detailed data on each of these sites are included in the EDR/First Search Technologies report in Appendix 111. Each of the included sites are listed as either NREQ (Cleanup not required), facility Closed (Vero Beach Municipal Airport)(UST), Open, In -Service, or in the process of hazardous, toxic waste management remediation (Vero Beach Airport Services) (LUST), (Flight Safety International, Inc)(LUST), (Pro-Flite of Vero, Inc.)(LUST), and (Former Vero Beach NAS Site)(LUST) Because of the down -gradient locations (SE migration) of these facilities, none of the sites are likely to have any effect on the condition of the subject parcel. For the purpose of this assessment, the above database research information is referenced in a separately bound EDR/Environmental FirstSearch Report to be supplemented to Appendix 111. Additional information gathered from the USEPA's Envirofacts database references for the Paris Aviation AST data showing no spills or discharges, and the City of Vero Beach Water Treatment Plant located at 2515 Airport North Drive with Handler ID#FLR000140087 as a Federal LQG facility that engages in waste generation and waste shipping. Envirofacts database information is included in Appendix 111. It appears that groundwater migration moves from the northwest to the east-southeast in the area of the subject parcel. The likelihood of the subject site receiving any current or relic contamination from the old airfield operations, or the current airport operatio-is would be very remote. FIRM Flood Prone Rate Map shows the subject site lying north of the defined flood prone area along the stormwater drainage canal to the south of the airport (see Appendix V). The subject site is not physically within the Flood Prone Area. The subject site is presently served by underground municipal potable water and sewer utilities. Overhead electric power and telephone services lines are provided throughout the area. All additional information regarding potential contamination involvement on the subject properties, or any of the facilities of concern within the study area was ga hered from the FDEP and/or other USEPA databases or interviews and is included in the following sections. Other Sites Treasure Coast Air Services at 2640 Airport North Drive had a 5,000 -gallon Registered AST (now removed) was previously located 1.45+/- miles northeast of the subject parcel. The New Hanger at the southwest end of Airport North Drive [cop has a Registered 10,000 -gallon AST located 1.38 miles+/ - northeast of the subject parcel. The ASTs at Flight Safety International are located upgradient at a distance of 0.68 miles+/- northeast, and the Paris Air ASTs and the ASTs servicing the Vero Beach Engineering Facility are located essentially downgradient at 0.38 miles+/- north of the subject parcel, respectively. Continental Jet Aviation's AST is 0.17 miles+/- north northeast of the subject site. The Vero Beach Public Works and Engineering fueling ASTs are located 0.33 miles+/- north of the subject site (see Photographs). No other non -listed sites of concern were reported or observed within the immediate project area. 151 Page 8 2.1.2 Phvsical Setting Sources Physical setting sources reviewed during the course of this assessment include the USGS Quad map, the NRCS Soil Surrey map, information and maps sipplied within the EDR/FirstSearch Technologies Report, USEPA Envirofacts database files, and Indian River County current aerials and historic aerial photographs. 2.1.3 Historical Use Information Available historic aerial photographs of Section 32, Township 39 South, Range 26 East, dated 1943, 1951, 1970, 1981, 1994, 1999, and 2019 were reviewed. Development of airport—related and small industrial parcels started around 1960 and continued slowly through the 1970s and 1990s. Please note that historical aerial photography review was limited to available photographs with variable coverage and quality. lri 1942.the United States acquired this site for use as a Naval Air Station and Training Facility _ The site. was devetoped arttt known as the UtS, Naval Air Station. Vero Beach. Tt-u-: Navy construct -act a complete - air ompleteairtraining facility at trie site consisting of approximately 155 buildings and structures along with ether misc e-llara*�-ous improven'loots .such as runway::, taxiways, raacis, utility systems,. etc..-1-t-tE: site remained active until 1945 when its functions were not loncgPr recauirecl or relocated elsewhere in the U.S.ln C3ctober of 1947, the Navy disposed ctf the properly to the amity of \fero Beach. Florida. Most of the site: is currently awned by the city and used as an airport :and light industrial park. Portions have been sold to ra private aircraft c.ompar=y, which r'raaintairas an aircraft "'lanufacturing plant and to a COUntry Club and Golf 2.2 INFORMATION FROM SITE RECONNAISSANCE AND INTERVIEWS 2.2.1 & 2.2.2 Hazardous Substance Containers and Unidentified Substance Containers No hazardous substance containers were found inside or adjacent to the subject parcel. Maintenance in and around the subject site appeared to be good, with no obvious signs of errant roadside dumping or trash disposal. It is unlikely that any reportabie quantities of hazardous substances or toxic materials were stored or used around the subject parcel. 2.2.3 Storage Tanks The subject parcel had three above ground fuel (I -P) storage tanks. 2.2.4 Indicators of PCBs Pole mounted electrical transformers were noted in conjunction with overhead power utilities to the northwest of the property. Vero Beach Municipal Power Plant has discontinued the use of PCB -containing transformers and capacitors. Vero Beach Municipal Power Plant is responsible for cleanup in accordance with local, state, and federal regulations. No staining was observed beneath the transformers closest to the subject parcel. 152 Page 9 2.2.6 Indicators of Solid Waste Disposal There were no indicators of any solid waste disposal on the property. 2.2.6 Phvsical Settina Analvsis A preliminary review of available physical setting source information was performed that consisted of physiographic, subsurface geologic, regional groundwater information, local well field protection, and local wetland maps of the subject area, where applicable and reasonably ascertainable. The regional groundwater flow is to the east and southeast. However, local surface water bodies (ditches, canals, and ponds) in the vicinity of the subject sites could affect local groundwater flow direction in the upper portion of the aquifer. The specific groundwater flow beneath the subject site is normally verified by intrusive field methods. Information provided in the EDR Summary Report indicates that groundwater gradients are generally from the northwest to the southeast. 2.2.7 Other Conditions of Concern No other conditions of concern were ider:tified. 2.2.8 Site Plan A site plan for development or modification of the property was not provided to the Consultant. 2.3 FINDINGS AND CONCLUSIONS The Consultant performed an Environmental Site Assessment Phase I in general conformance with the scope and limitations of ASTM Practice E1527 -05E on the subject property in Vero Beach, Indian River County, Florida. Any limitations, exceptions, or deletions from this practice are described in Section 1.1.3 and 1.1.4 of this report. This assessment found no evidence of Recognized Environmental Conditions (RECs) at the subject parcels: ® Review of the EDR/FirstSearch database, and FDEP records information revealed 10 listed or observed contamination sites listed sites upgradient and within the critical focus area of '/4 to %2 -mile from the subject property. Above Ground Fuel Storage Tanks (ASTs) are located north and east of the subject property. All records indicate that these tanks are being properly mairtained to remediate past and future releases into the ground and groundwaters. ® There was no confirmed evidence of friable asbestos containing materials (ACMs) in the area. ACMs are not presently indicated as Recognized Environmental Concerns (REC) as potential conditions. 153 The limited number of listed or observed contamination sites within, and to the northwest or west in the 1/2 -mile focus radius of the subject property do not appear to warrant any further inspections for potential environmental concerns that would trigger an Environmental Site Assessment Phase II investigation. No further action for the listed sites is recommended at this time. Gary E. Exner, CHMM, CFEA, REPA DATE 10/6/2021 154 APPENDIX I SITE VICINITY AERIAL 155 APPENDIX 11 PROJECT LOCATION AERIAL 2021 :#ttss�er�nty �l. . <1litCH sA'�mK+Y A 0 Zop r N - wrA�'Fb4 - t Yane'aaal Y nY�Y»Y� �:7M*R.'�r�Mlla:f�`n'. ...u:av:.'ihh,a•.k.::>.:c-:. YltitnllW! uititx.fi.i.w INDIAN RIVER COUNTY PROPERTYAPRAISER'S DATA CARD 156 EDR/FIRSTSEARCH TECHNOLOGIES REPORT (insert Attached pdf copy) NPL Site Narrative for Piper Aircraft Corp./ Vero Beach y Sewer Department PIPER AIRCRAFT CORPJVERO BEACH WATER & SEWER DEPARTMENT Vero Beach, Florida Conditions at proposal (June ZD. 1956). The Peer A traPt Corp Nteo Beam. m V'41e! s Save• D"artnw-A Sits erwvers s acres o- l';;ro Beach, fna an River County, Flanda Piper assembles and pa�1s light airsrart at t'?e southern erid Of Via Vero Beach. ! ewnicipaa airport. fn 1,9$0, an t *ncrom, a3rount of 1.r h aroettsytenq le;Aed (to- v= underground sloca" tww. anadistzbuttm system, contaM. -iatmg a nearby mu*'#;Val well of Me Vero Beach Water 3 Sv*er Departmem >.wt'i vtxatm organa cornpok,mct (Vacs) Tse well, which was s=. osetaikntiy sh I down, was part of a muniripat system serairV about :33 (100 people Six months tater ttte tri devehooed t vo other welts to reply the doted one 1.1 1.981, #* state entered imm a Consent Agreem*nt oth Pi fel toquinN. tt%e rorrvany to eex Lit a monitor testng and treatiner progra rt at te sate PiWe repotoed the leakitig storage tangs and in Apgft M81 Began to purap out the conte} mated ground wales. To date the pump -ng .rills y*ldod sWoviMWy 2,M glom of VOCs, lftwtn ue titcrostl+i ie . cis- arra trans-l.2-oictvgroethyene, vinyl chionde, and 1.14,,orc"lene P* contaminated water a. sprayed :Ito the as m whams* retntvat or Y°.tr S and is aischar"d into tr* Main Canal :ate- g to the leaw; Rrver. Status (February 21, 1990) the city rs- conhrikArtg to 3attsrnil yerarteiy reisor s, ort ire nnoriitoriV of the treated eftuart bE: g discmarged to d",e Inman River Amt ordeq to the Florida Dcpartm& A of. Envir`..wcn1a> RegulaSen P -per's grc:�nd ,rater pvmpn; and treatment program has not a&iievec cleanup goals Tho pxttgran: wet: be :eevaivated a: �d adartona leiAediai investiga+lion anvaies wo be undertal en Fal more lnfarrraron aboutthe liaza dc,;s substances identfed In th- a narrative summaty intktdxig genera: �}asr±ration regarding etdrrcts 1.t! ¢xprisu-g !o the3e sutxttaric� tiv. rtuitwre treaith. plead seG the Agency for Tom, Substan es and Disease Retry {ATSOR) ToxFACs A TSDR TcxFAQs can be round on the lntarraat al ATSOR - TaxFA0s (ht'sp trwww.sisdt cdr,.gnv y5xia index asp) or by talepnone at t-MIS-42-ATSOR or 1- a:2-8-37. Large Quantity Generator Handler: generates 1,000 kg or more of hazardous waste during any calendar month; or generates rare than 1 kg of acutely hazardous waste during any calendar month: or generates more than 100 kg of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into orcin any land or water. of acutely hazardous waste during any calendar ,month; or generates 1 kg or less of acutely hazardous waste during any calendar month, and accumulates more than I kg of acutely hazardous waste at -any time: or generates 100 kg or less of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any lana or water, of acutely hazardous waste during any calendar month, and accumulates more than 100 kg of that material at any time 157 fEXECUTIVE SUMMARY FURS: The Listing includes locations of Formerly Used Defense Sites Properties where the US Army Corps Of Engineers is actively working or Kilt take necessary cleanup dchofts. A rehow o1 this FURS fiv, as provided by EDR, anc dated 054'{T4=21 has revealed that there is 1 FUD5 s=;te within appro)dmately 1 mita of the target property. Lower Elevation Address Direction f Distance Map iD Page VERO BEACH NNVAL AIR. ENE 1r2. 10,957 mi,) io 154 RM Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical and health iniormatien to lid the cleanup. A rev civ of the ROD list, as provided by EFDR, anc dated 07129,Q021 has revealed that there is 1 RDD site within approadmatety 1 mile of the target property. EqualtNigher Elevation Address Direction t Distance Map ID Piga PIPER AIRCRAFT CORP, PIPER OR d AVIA WON E 112.1 (0.831 int.) 0 d EPA IM: FLD00409- 42V. D4S A CONTAhr4 A Beene of artivew or known silos. the ts"q 'includes sites that need cleanup trot arra not actively b ess+g werk!nZ crt because thea sgonai curron0i do" not have. tinditg (prtmarity petroleum and drycleaning). A review of the DWM CONTAM fist, as Pfolrfwad by EDR, and datad 11,1?1 D2L has revealed that there are 2 INVY1 CONTAN! sites within approximately 0.5 mles of the large,. property. Equallfther Elevation Address Direction I Distance Map ID Page OODGERTOWN GOLF COUP 43RD AVENUE SSE 114. 111(0.435 m1j 7 � ISO Prograzi Site kir ERIC„_11024 VERO BEACH, CITY OF tv EST AIAPOR7 AREA N 04 • let (0.440 m4) 8 1S3 "rarstSite-td ERICt1t,"V RESP PARTY: Open. Inactive aN-closed reysfstzrti bk party sites A rovieat of the !RESP PARTY list, as provided by EDF,., oM hated 0612 !,12021 has revealed that there are 2 REST' PARTY sites withirt approvrnately 0.5 miles of the target property. EqualMigher Elevation Address Directlort ( Distance Map iD Page 0000ERTOKON GOLF COUR 4JR0 AVaVI E SSE il4 -117 {0435 m!a 7 150 Site Status: C.OSEL3 VERO BEACH, CITY OF wE's r AIRPORT AREA N 114 112 (0,449 MN 8 fee Sive Status: OPEN EDR SUMMARY REPORT 158 OVERVIEW MAP - 6680411-25 �j4iwt VIA Ljo Nv- Dclorg�� S) ' L 4APOE. Yew, 6e ach 1: a o sli ait-sf I LICUr AdYaNa" Coilt4uling LLC Vwr) j5fltv'll r;0N TAI'. T: Gfry r. iiioc W4o Bmvb FL. wt? A) Mt IR 4 f"5 01 It P,- EDR OVERVIEW MAP 159 �rkArawl4.t IaP: 29? 3t;c3x 1 W.Nina 61,Wf' owa, 34 -*K Co}ti]t +� Pf# �2iz�3r�F3�x3tr3�# F PlR�ewWs� tlf�Y .......... _..._...:.. ..... .............. R'✓,UdAY Pr1aR r��4 +„'ric��es ... ....._........ ..... .... _ ... __ +RISC AMM _:.................. _ .......... _.. ._ _,. _... _ _..._ ........ ,.... ................ _ . _..... WO M "M PCWV4* AWWOO NCMOWG / 7300 k+� r1�fl7dE3'1CFX7 p6°. Lfih,3f3{�'if, Pi ,+.?7F.i; � :� `� LtKi3tici :1.5.12: [.r-._ !Lill A,421,51 S i t fRxpsft 1 mow- l.+r M � ktt?Ntn`'p7�it•£.SI LY?s3Fgf)BC.R,Y6lf. �y!tNit : � i Yew S l - , ..atntA#M4MA�+d' -yy� .P- iV.i+ Wli4 lL X.S 1) rxF .:.. . 3w9: Rc.+s c.ru 3<sq. E3Y;Ai �-T"o .� ..�; �;-„• ,� i i3seeAxShd':1lxeiear .a+�a.s+rQr-fin ete hr�?irs dSvnna.r eiztlt� isit)r rbe mn� aArs�. i'n scfi'ne�a remrh ht rsrvxve ��;Mtitc+weez ��.rat; �Fer�.sr v;�:; dr t,.�a� l",K^,,,� t%h.'�kn. Jri i+Mfi::`HrR'a�:'sC4k alb tut nHeriRGtt'e+t.m�gy;d�!yi iv.M jfsr r[u..k4? iri[m�,0.i�:!.i�'�_m1,Ys�i.R1.k LI3[0(EPA..�§p►AOedfet i�tlG3t�Vj9[a Co}ti]t +� Pf# �2iz�3r�F3�x3tr3�# F PlR�ewWs� tlf�Y .......... _..._...:.. ..... .............. R'✓,UdAY Pr1aR r��4 +„'ric��es ... ....._........ ..... .... _ ... __ +RISC AMM _:.................. _ .......... _.. ._ _,. _... _ _..._ ........ ,.... ................ _ . _..... WO M "M PCWV4* AWWOO NCMOWG / 7300 r1�fl7dE3'1CFX7 p6°. Lfih,3f3{�'if, Pi ,+.?7F.i; � :� `� LtKi3tici :1.5.12: [.r-._ !Lill A,421,51 S i t fRxpsft 1 � ktt?Ntn`'p7�it•£.SI LY?s3Fgf)BC.R,Y6lf. �y!tNit : � i Yew ��rsea��)rrxsat�t�+�+ud�-�t+a�c+rsaa y ii f 1 � t f _. i r t kfFd DEPTAt f 2�4�P �:9i0 /e§Y i'f.Y11i#i!'AtlYl.?�c3sgr3 . � � � t 1 f (,5f+hkf` T?1 •ba�VT..K;c+.'3^�; R9'1 i ± _ SNow + ENVIROFACTS DATA SEARCH 160 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 161 Property Owner Notification of Discovery of Pollution Listing Properly Owner IdaNfieation of Ditteovery of Pdltrfion These are stesfar Mdeh sk reha658a8aa was being conducted when po8uuen vras discovered at properties in the vicinity. This is not a eompl4ta fist of _ al contaminate, s8as o Baia axordy, ner e a a cemdetw 1'.s d a9 sbx for which rtv mvners rr� raeeiv. rotiFe�4�n of MM. x ( 098 - CLEANVP ~PROGRAM SITE UC -PROGRAM AREA� t:OUHTY ID SITE NAME -_-^--� _- SI7E ADDRESS '- C1TY 1 ZIP I NOTIFICATtO 7 � 3 i I I N DATE Psiriretati Ilnddanver Ai0002111 MURPHY OIL 57887QQ8 WY Ht SEBASTIAN�� I 32958 =--to7 anirq Mate Funded) `Drydearirg (State Funded) PetrdeunTlnd'+ai !liver 318500553 Indian ifiver 379560053 i5vtr f 1 80 MINUTE CLEANERS (YERO t 14520TH PLACE BFAC 80 MINUTE CLEANt:tb (VERO t 14520TH PLACE BEAC ADDISON OIL CO It ll ST VfflO BEACH VERO BEALH 08 EACH I 32988 i 10112010 �I I 41782 68 Petrdeum Petrdeurt Indian 75ver 9100095 Indian River 91 5 STATION ! SERVICE BETFfEL SERVICE STATION 8375 8 S 83758ST O BEACH O EACH 32 32970 252011 11874/1005 Pehdeum Indian Homer 9$11744 BROWN'S SERVICE STATION 323545TH ST V6T0 BEACH 32987 03105f10f0 Parde�-n iM-iae River 8964478 COASTAtJTO SAL AGE INC 483045TH 5i O BEACH 3298 01/142011 Petrdetan Indian Raver 18 _ COA57Al.ITO SALVAGE IN 5TH 5T O BEACH I 32987 08!192005 arirg (State Forded bdm Raver 319800307 COMET CLEANERS 1852 207}1 ST O BEACH � 32980 I 707752010 Oryckaurr (State Fund Ind+at R':rer 3S 307 COMET CLEANERS 1859 20TH a YERO B'eACH 05/102005 Pe9oleun Raver 4520248 CUMBERLAND FARMS WF— tMAI 9T?t ST SW OBEACH 2 0225/2021 Peerdeum IMi- River 8520248 CUMBERLAND FARMS 0955 814 OSLO RD O BEA 3290 7021lm05 Petrckun Indy River 70 OUNOCO 1 1500 OLD DIXIE tN/Y O tl&1CH 32980 05282008 ; Peerderen 1 ar Rarer EXXON SIFFOROS t t1WY 1 3298 11 Peadeum Indivx River 850Q238 p�FFORDSVEROOEACH „0B&4CH 32D5 1QYL720g5 �k P - Indisa Raver CO'M 268529 1 R CATTLE— DIP YAW P255 93RD 9T VBtO BEACk I 03232012 'Pe7rderan '� Iridian River 850935,�� NAT10tLALF AL1fiT 13 81A520IH5 DEACH 32888 7 f0i720 PMrclexai Ind:tib River 8569358 NATIONAL FOOD MART 73t{785?0'I"H S7 V6i0 9FACH 32Q08 Wf152005 Superfund (Npl Erdorrv_ment __ Ind"u.7 River 0Q50028 PIPERNERO BEACH � PIPER DR 8 AV7AT1014 BLVD V620 BEACH 32980 11!162041 32Q70 t tfOM2005 Supe:fud 0d'L " t Indan Rarer 040000028 PIPER/VERO BEACH PIPER DR 3AVIAT70N !BLVD. VS20 BEACH 05f052006 PehWeum Ind.'sax Rover 8735042 T ROGERS 544518TH ST VEitO BEACH I 32Q80 0512712017 Nmksm Indian Reser 873554 O 544 1 5T BEACH I 3268 012712008 eaderan Ind'san River 85211280 CO DOWNTOWN 1800 54TH AVE yERO BEACH 32880 011142011 Petrdetan IrMsx Riser .85202 TEXACO DOWNTOWN 160074TH AVEsl BEACH 3298Q 08!192005 �Peadevre IttGvn River 8700772 RO F#GHLANDS -BIL SUS 1 O BEACH 12A1fXl06 161 iPetrokun Inbar Riser 68298Q8 M HANTS 4 5 N US 1 WABASSO 32Q70 t tfOM2005 161 U I r OF VERU BEACH- WELLFIELDS lonaw gorir,v - -7.1 a M.. • ♦Ili L�t l� t �Y 146 ' I t s ss S t73654w k Zis- . f 4 i nd .. Fl9we Z Modal domain and Wail locadons. Wens w th the "VB"pprefix are loca�i the +� of Vera Beach i welfJte , All other welts are part of the fndlan River County "llfield.. 162 APPENDIX IV SITE PHOTOGRAPHS ONSITE BACK-UP GENERATOR AND LP AST FUEL TANK TWIN LP ASTs ON SUBJECT SITE VERO BEACH PUBLIC WORKS ENGINEERING FACILITY ASTs 163 2,000 GALLON AST AT N.E. CORNER OF 3455 BUILDING x ASTs AT 3530 SKYBORNE AIRLINE ACADEMY 164 j PIPER FACILITY EAST OF SUBJECT PROPERTY 165 ADOCAIMIV 11 Map unit Legend u e ur a sjmw aap unit wamr m sot i .... 1-0.0 :E o1:�srst fx:e :air 22 3�.riz.� '. Tclak for Ama. of rlemst SA 100.0% FIRM FLOOD PRONE RATE MAP 166 APPENDIX VI usUs UUAU MAP FOR VERU BEACH REUIONAL AIRPORT FLORIDA 167 APPENDIX VII HISTORIC AERIAL - 1943 AERIAL 1951 AERIAL M 1970 AERIAL 1981 AERIAL 169 1999 AERIAL 170 APPENDIX VIII RESUMES Advauta,ae Consulting, LLC Diverse, 111a4)vatiNe. Responsive, Effective 110 Lute i.cuelle Drive CS1uluMa. Florida 327 66 4RY E. EXNER, CHMM, CFEA, REPA ncipal Consultant Ir. Exner is a Principal Consultant of Advantage Consulting, LLC, a full service ecologica insulting firm with extensive experience in conducting environmental investigations an nvironmental engineering studies required for a variety of roadway projects throughout centra nd south Florida. Mr. Exner's expertise has developed over the past 30 years through the ianagement of major projects including: Environmental Impact Statements, Transportatiori D&E Studies; Developments of Regiona Impact (DRis); Habitat Conservation Plans for private nd public projects. His work also included studies for: public parks; multi -use traits, blueways nd greenways; and numerous roadway projects throughout the state. As part of providing nese services, he was one of the first consultants to be certified by the U.S. Army Corps of ngineers as a Certified Wetlands Delineator. He also hold certifications and training expertise Ir air quality studies, traffic noise studies, water quality impact evaluations, and wetland valuations and permitting as required by the Florida Department of Transportation. Mr. Exner as worked extensively with Seminole County on a wide range of projects. These projects have icluded: Environmental Site Assessments and Hazardous Materials Studies. Gary Exner also erved as the lead scientist for the John Young Parkway Extension (EIS) Environmental Impact tatement for the FDOT, the Draft of which was completed in a record-breaking 8 months time. le was also the lead scientist for the US Highway 1 EIS which covered a 38 mile long corridor om Cove Road in Stuart to 17th Street in Vero Beach, Florida. His experience and efficiency in andling a wide range of environmental tasks has proven to be an asset to many teams through DUCATION • M.A., University of Phoenix, 2000 • B.S., University of South Florida, 1973 ROFESSIONAL EXPERIENCE • Principal Consultant — Advantage Consulting, LLC • Executive Vice President/Chief Financial Officer — EMS Scientists, Engineers, Planners, Inc. • Project Manager/Environmental Scientist — Jammal & Associates, Inc. • Environmental Scientist — Gee & Jenson Engineers, Architects, Planners, Inc. • Envi,-onmental Specialist IV — Florida Department of Environmental Regulation • Envi-onmental Director — City of St. Petersburg, Environmental Affairs Dept. ROFESSIONAL REFERENCES • Mr. Jerry Matthews, Seminole County Engrg. Div. 530 W. Lake Mary Blvd., Ste. 200, Sanford, FL 32773 (407)665-5646 • Mr. Don Donaldson, P.E. Martin County Engineer, 2401 S. E. Monterey Rd. Stuart, FL 34996 (772)288-5927 171 EXHIBIT "C" Ross, Lisa From: Farris, Bill (FAA) <Bilr.Farris@faa.gov> Sent: Tuesday, March 1, 2022 8:22 AM To: Ross, Lisa Subject: RE: Request for FAA Concurrence of On Airport Lease Agreement and ARFF Agreement SECURITY WARNING: This message has originated from an EXTERNAL SOURCE. Please show caution when clicking links, opening attachments, or responding to this email unless you recognize the sender and know the content is safe. Lisa, The FAA has no objection to the proposed Fire Station `ease renewal provided the airport requires ARFF services per Part 139. If the airport would to lose Part 139 certification, we would have to revisit the terms of this lease agreement. Thank you Bill Farris FAA Orlando ADO From: Ross, Lisa <RRoss@covb.org> Sent: Monday, February 28, 2022 5:03 PM To: Farris, Bill (FAA) <Bill.Farris@faa.gov> Subject: Request for FAA Concurrence of On Airport Lease Agreement and ARFF Agreement an Attached is a Lease Review form, along with the On Airport Land Lease Agreement and Aircraft Rescue and Firefighting Agreement between the City of Vero Beach and the Indian River County Emergency Services District for FAA concurrence. As discussed in a prior email, the monthly lease rate of $2,230.27 not having an annual CPI increase centers around an ongoing negotiation with the Lessee (Indian River County Emergency Services District) relating to our contract with them to provide Part 139 ARFF services to the Airport. Indian River County Emergency Services District has stated that they will increase their charges to the Airport for ARFF services by whatever amount their rent for Station 3 is increased on an annual basis. It seems counterproductive to charge mere for the lease, only to pay that amount back to them in ARFF service fees. Both agreements have been approved by the legal counsel for the City of Vero Beach and Indian River County. Please let me know if you have any questions regarding this request. Thank you, 2664 Rape Commercial Leasing and Property Administrator City of Vero Beach Vero Beach Regional Airport KVRB Office: (772) 978-4930 x102 Cell: (772) 696-4632 172 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard D. Szpyrka, P.E., Public Works Director AND James W. Ennis, P.E., P.M.P. Assistant Public Works Director FROM: David W. Schryver, P.S.M., County Surveyor SUBJECT: Work Order No. 3 — Southeastern Surveying and Mapping Corporation IRC -1817 Indian River Blvd. Resurfacing Project (17th Street to U.S. 1) Topographic Design Survey DATE: March 22, 2022 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board of County Commissioners approved the Professional Service Agreement for Annual Land Surveying and Mapping Services with Southeastern Surveying and Mapping Corporation, approved the renewal as of October 4, 2018 and approved the final renewal and amendment as of October 4, 2020. Work Order No. 3 with Southeastern Surveying and Mapping Corporation, is to perform all related field and office surveying and mapping services in connection with the preparation of a topographic design survey for a portion of Indian River Boulevard. The survey will begin at the 17th Street intersection and extend south to U.S. Highway No. 1 (approximately 1.75 miles). This project will provide Indian River County Engineering staff with a comprehensive topographic survey to be utilized in the design of roadway improvements. Attached, please find Southeastern Surveying and Mapping Corporation Work Order No. 3 to provide the requested professional surveying and mapping services. Southeastern Surveying and Mapping Corporation has submitted Exhibit A, Scope of Services for a lump sum amount of $49,330.00. FUNDING Funding for this project in the lump sum amount of $49,330.00 is budgeted and available through the Secondary Roads Gas Tax, Account No. 10921441-066510-21021 IR Blvd Peds Access 17th St — US1. 173 RECOMMENDATION Staff recommends approval of the attached Work Order No. 3 with Southeastern Surveying and Mapping Corporation for a lump sum of $49,330.00 to provide survey services as outlined in the attached Scope of Services, and requests the Board of County Commissioners to authorize the Chairman to execute Work Order No. 3 on their behalf. ATTACHMENTS 1. Southeastern Surveying and Mapping Corp., Work Order No. 3 2. Exhibit A —Scope of Services APPROVED AGENDA ITEM FOR APRIL 5, 2022 174 WORK ORDER 3 INDIAN RIVER BOULEVARD (17TH STREET TO U.S. HIGHWAY NO. 1) TOPOGRAPHIC DESIGN SURVEY (IRC -1817) This Work Order Number 3 is entered into as of this day of , 2022, pursuant to that certain Annual Professional Surveying and Mapping Services Master Agreement dated October 04, 2016, renewed as of October 4, 2018 and renewed and amended as of October 4, 2020 (collectively referred to as the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and SOUTHEASTERN SURVEYING AND MAPPING CORPORATION ("SURVEYOR"). The COUNTY has selected the SURVEYOR to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order No. 3 and made part hereof by this reference. The professional services will be performed by the SURVEYOR for the fee schedule set forth in Exhibit A (Southeastern Surveying and Mapping Corporation Proposal dates March 23, 2022), attached to this Work Order and made a part hereof by this reference. The SURVEYOR will perform the professional services within the timeframes more particularly set forth in Exhibit A, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. 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 fury 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 SOUTHEASTERN SURVEYING AND OF INDIAN RIVER COUNTY MAPPING CORPORATION By: Print Name: Title: By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: William K. DeBraal, Deputy County Attorney 175 0 TM XS S �Vo C EXHIBIT A SUE • SURVEY • GIS Southeastern Surveying and Mapping Corporation March 23, 2022 VIA EMAIL: dschryver@ircgov.com Mr. David W. Schryver, PSM I Indian River County Surveyor Survey Section — Engineering Division Indian River County 180127 1h Street, Building A Vero Beach, Florida 32960 P: (772) 226-1386 RE: Indian River Boulevard —Topographic Survey Indian river Boulevard, Vero Beach, Florida 32960 Section 07, Township 33 South, Range 40 East, Indian River County, Florida Dear Mr. Schryver, We are pleased to submit our proposal for Surveying Services on the above referenced project. TASK I —Topographic Survey 1. Establish horizontal and vertical control.. Horizontal Control will be based on North American Datum of 1983 (NAD83), State Plane Coordinate System, Florida East Zone. Vertical Control will be based on North American Vertical Datum of 1988 (NAVD88). 2. Locate all improvements and utilities, as evidenced by above ground features or if designated and marked by the Utility Owners or their designated representative or a contracted service at the original time of field visit. 3. Obtain spot elevations on natural ground and existing improvements suitable for interpolation of one -foot contours to be shown on the final drawing. 4. Establish a minimum of two (2) site benchmarks. 5. Topographic coverage will be limited to the area outlined in red on the attached Exhibit "A" and will extended from Right of Way to Right of Way along the route. • Topographic information will extend 50 feet from the existing Indian River Blvd. Right-of-way line at all intersections. 6. Location, top elevation, pipe size and type, and pipe invert elevations for all inlets, storm and sanitary manholes, and control structures. 7. Locate trees 8 -inch diameter and larger measured at breast height (DBH). 8. Locate wetlands line as flagged by clients Environmental Consultant if required. 9. Locate soil borings as established by the client's Geotechnical consultant if required. ADDITIONAL SERVICES Any service not explicitly provided for in the above scope will be billed as additional services and will be performed at our then current hourly rates as provided for in Indian River Contract 1605. INFORMATION PROVIDED BY CLIENT SSMC shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. DELIVERABLE The final product will be three (3) certified prints, and an electronic file for your use. 100 % Empfoyee-Owned I www.southeasternsurveying.com 1,76 Orlando, Florida I Jacksonville, Florida I Chipley, Florida Tampa, Florida I Kissimmee, Florida I Marianna, Florida I Tavares, Florida I Dothan, Alabama EXHIBIT A PROJECT TIMELINE We anticipate the completion of the above-described work eight (8) weeks after receipt of a written notice to proceed. EXPENSES AND FEES Our fee for the above -referenced work will be as follows: TASK I - Topographic Survey: $ 49,330.00 Payment Terms: Payment is expected within thirty (30) days from the date of the invoice. Credit Card Convenience Fee SSMC is committed to providing a range of payment options to our clients. Credit Card payments made via phone will result in a Convenience Fee. A Convenience Fee of $25 will be applied to Credit Card payments. We will continue to offer other payment methods, including cash, paper checks, and electronic check payments (ACH), which carry no additional charge. We look forward to the opportunity to work with you on this project. Sincerely, Edwin Munoz Jr., PSM Project Manager EM: pll 1.77 EXHIBIT A If the above scope, period of service, and method of compensation meets with your approval, please have an authorized person execute below and send via email to contracts@southeasternsurveying.com as an official notice to proceed along with the notice of commencement. Fees and times stated in this agreement are valid for six months from the date of the proposal. CLIENT AUTHORIZATION I declare that I am authorized to sign the binding contractual document. I also declare that I have read, understand, and accept this proposal. Signature Printed Name Date Title (if any) 178 GENERAL TERMS AND CONDITIONS EXHIBIT A These standard terms and conditions ("STCS") are incorporated by reference into the foregoing proposal, along with any future modifications or amendments (the "Agreement") between Southeastern Surveying and Mapping Corporation ("SSMC') and its Client ("You" or "Your') for the performance of surveying services ("Services"). These STCS are fully binding upon you just as if they were fully outlined in the body of the proposal letter and shall supersede any term or provision elsewhere in the agreement in conflict with these STCS. SCOPE OF SERVICES For the fee outlined in the Agreement, you agree that SSMC shall only be obligated to render the Services expressly described in the Agreement. Unless the Agreement explicitly requires, in no event does SSMC has any obligation or responsibility for: a. The correctness and completeness of any document which was prepared by another entity. b. The correctness and completeness of any drawing prepared by SSMC. unless it was duly signed and sealed by a registered professional on SSMCs behalf. C. Favorable or timely comment or action by any governmental entity on the submission of any construction documents, land use or feasibility studies, appeals, petitions for exceptions or waivers, or other requests or documents of any nature whatsoever. d. Taking into account off-site circumstances other than those clearly visible and actually known to SSMC from on-site work. e. The actual location (or characteristics) of any portion of a utility that is not entirely visible from the surface. f. Site safety or construction quality, means, methods, or sequences. g. The correctness of any geotechnical services performed by others, whether or not performed as SSMC's subcontractor. Should shop drawing review be incorporated into the Services, SSMC shall pass on the shop drawings with reasonable promptness. Checking and approval of shop drawings will be general, for conformance with the design concept of the project to which this Agreement relates ("Project") and compliance with the information given in the construction documents, and will not include quantities, detailed dimensions, nor adjustments of dimensions to actual field conditions. Approval shall not be construed as permitting any departure from contract requirements, nor as relieving the Contractor of the sole and final responsibility for any error in details, dimensions, or otherwise, that may exist. SSMC does not provide legal, accounting, or insurance services. YOUR ORAL DECISIONS You, or any of your directors, officers, partners, members, managers, employees or agents having apparent authority from you, may orally: (a) make decisions relating to Services orthe Agreement; (b) request a change in the scope of Services under the Agreement; or (c) request SSMC to render additional services under the Agreement, subject to our right to require you to submit the request in writing before your decision or request shall be considered to have been effectively made. You may, at any time, limit the authority of any or all persons to act orally on your behalf under this Paragraph, by giving SSMC seven (7) days advance written notice. STANDARD OF CARE The standard of care for all professional services performed by SSMC under this Agreement shall be the skill and care used by members of SSMC's profession practicing under similar circumstances at the same time and in the same locality. PAYMENT SSMC may submit invoices at any time to you for Services and reimbursable expenses incurred. Invoices are payable within 30 days of the invoice date. Invoices may be based either upon our estimate of the proportion of the total services completed at the time of billing for lump sum or fixed fee services, or in the case of hourly services, upon rendering of the Services. If any invoice is not paid within 30 days of the invoice date, SSMC shall have the right either to suspend the performance of our Services until all invoices more than 30 days past due are fully paid orto terminatethe agreement and to initiate proceedings to recover amounts owed by you. Additionally, SSMC shall have the right to withhold from you the possession or use of any drawings or documents prepared by SSMC for you under this or any other agreement with you until all delinquent invoices are paid in full. You shall not offset payments of our invoices by any amounts due or claimed to be due for any reason. If you do not give SSMC written notice disputing an invoice within 20 days of the invoice date, the invoice shall conclusively be deemed correct. All payments made by you should specify the invoice numbers being paid. If SSMC receives payments that do not specify the invoices being paid, you agree that SSMC may apply payments in our sole discretion. Time is of the essence of your payment obligations, and your failure make full and timely payment shall be deemed a material breach. PROPRIETARY RIGHTS The drawings, specifications and other documents prepared by SSMC under this Agreement are instruments of SSMC's service for use solely for the Project and, unless otherwise provided, SSMC shall be deemed the author of these documents and shall retain all common law, statutory, and other reserved rights, including the copyright and rights to anv SSMC trademarks. You shall be permitted to retain copies, including reproducible copies of SSMC's instruments of service for information and reference for the Project. SSMCs drawings, specifications, or other documents shall not be used by you or others on other projects for any reason or for completion of this Project by other professionals unless you enter into a written agreement with SSMC allowing for such use. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication inconsistent with our reserved rights. TERMINATION Either party mayterminate the Agreement if the other party materially breaches the Agreement. You shall immediately pay SSMC for our services rendered and expenses incurred through the termination date, including fees and expenses that SSMC incur as a result of the termination. ASSIGNMENT Neither party shall assign or transfer any rights, interests or claims arising under this Agreement without the written consent of the other. This Agreement shall not confer any benefit or right upon any person or entity other than you, SSMC, and its officers, employees, agents, and subcontractors. SSMCs officers, employees, agents, and subcontractors shall have and shall be entitled to the protections afforded SSMC under this Agreement. GOVERNING LAW This Agreement shall be interpreted under and governed by the laws of the State of Florida. The parties agree that the courts of Orange County, Florida, and the US District Court of the Middle District of Florida (Orlando Division) shall have exclusive jurisdiction over any controversy. The parties consent to the jurisdiction of the Courts and waive any objection either party might otherwise be entitled to assert regarding jurisdiction. The parties irrevocably waive all right to trial by jury in any action, proceeding, or counterclaim arising out of or related to this Agreement. SEVERABILITY If any part, term, or provision of this agreement is held to be illegal or unenforceable. the validity and enforceability ofthe remaining parts, terms, and provisions of this agreement shall not be affected, and each party's rights shall be construed and enforced as if the agreement did not contain the illegal or unenforceable part, term, or provision. LIMITATIONS ON LIABILITY SSMC's liability for any loss, property damage or bodily injury of or to you caused in whole or in part by SSMC in the performance of this Agreement, or in the performance of any supplementary services in any way related to this Agreement, shall be limited in the aggregate to the amount of fees that you have paid to SSMC for the Services. The parties intend that the preceding limitation on liability shall apply to all claims, whether sounding in tort, in contract, in warranty or otherwise. You release, waive, and shall not seek contribution from, or indemnification by, SSMC for any claims of any nature made against you by any other person who may suffer any loss, property damage or bodily injury in any manner associated with SSMC's services, or SSMC's officers, employees, agents and subcontractors under this Agreement, or any supplementary services in any way related to this Agreement. SSMC shall not be liable to you, in any event or for any amount, for delays, or consequential, special or incidental damages; or punitive or exemplary damages. PAYMENT OF ATTORNEY'S FEES The losing party shall pay the winning party's reasonable attorney's fees and expenses for the prosecution or defense of any cause of action, claim or demand arising under this Agreement in any court or in arbitration. INDEMNIFICATION You agree to indemnify and hold SSMC harmless from and against any and all liability, loss, damages, claims, and demands for loss, damages, property damages or bodily injury, arising out of work undertaken on the Project by you, oryour contractor, subcontractor or other independent company or consultant employed by you to work on the Project, or their respective partners, members, managers, directors, officers, employees, agents or assigns; or arising out of any other operation, no matter by whom performed, for and on behalf of you, or such contractor, subcontractor or other independent company or consultant, whether or not due in part to errors or omissions by us in the performance of this Agreement, or in the performance of any supplementary service in any way related to this Agreement, provided that you are not required to indemnify and hold SSMC harmless under this Paragraph in the event of SSMC's sole negligence. INSURANCE SSMC represents that it carries and will continue carry General Liability in the amount of $110 per each occurrence and $2M per general aggregate, Workers Compensation in the amount of $1M, Automobile Liability in the amount of $1M, Professional Liability also known as Errors and Omissions in the amount of $SM per occurrence and general aggregate, and Umbrella Coverage in the amount of $51M. General Liability, Automobile Liability and Workers Compensation are primary and non-contributory with Umbrella following form. Certificates of Insurance shall be provided upon request, listing your Company as the certificate holder for a period of one (1) year. SSMC and Client shall waive subrogation against one another. COMPLETE AGREEMENT This Agreement contains the entire agreement between the parties concerning the matters covered herein. No prior representations, statements, or inducements made by either SSMC, you, or the respective agents of either, that is not contained in the Agreement shall enlarge, modify, alter, or otherwise vary the written terms of the Agreement unless they are made in writing and made a part of the Agreement by attachment, incorporated by reference in the Agreement or signed or initialed on behalf of both parties. 180 0 O N E m Z � O Q LL 0 N M t/T 0 O O t/T 0 W CD C v� Y C N p Q C C U U m Q d � � O °a O O aj � 7 T U) N C E J 314 W LL C � K O T (� � 2 OO O O O O O O O Q O V1 O V1 N v ai LL K c C) In On O m S N O O OO O O O O N � � � V1 01 lL n N Q C vi .n U s N c= O W O N O T 2 O OO O O O ID O O M O N L C) ri li Ln rl N a� U cn u a; C O N u N T @ O O O O O O O00 O O O l L d m v N m � N V O T � � >CL^ LCL ^ W 2 O O O O O O O � oo m N L m v N N a r 41 u O � L (Q a � v C'� C N O m u 2 0 O 2 H o f+ Z J U Q J Q � O = Y w C) m a o u w o FE O O O O O O O O O O Ln Ln ct- � O Q) N N N m N m mumum c 0 0, C/). @ a Y C N p Q C C U U m Q d � � O °a v � a � 7 T U) N C E J t/? INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Approval of Change Order #s 1, 2 and 3 for Egret Marsh Algal Turf Scrubber Influent Feed System Replacement (IRC Bid 2021049) DATE: March 28, 2022 DESCRIPTION AND CONDITIONS On August 17, 2021, the Board of County Commissioners (BCC) awarded Bid No. 2021049 to Costello Brothers Marine Construction, Inc. in the amount of $97,999.68 for the influent feed system replacement work at the Egret Marsh Stormwater Park and Nature Preserve. Due to unavoidable obstacles encountered during construction, Change Order #'s 1, 2 and 3 were submitted by the contractor to cover costs associated with the additional scope of work that was necessary to complete the replacement of the facility's influent feed system. Change Order #1 (CO#1) was executed on December 17, 2021 increasing the amount of contract by $6,400.00. CO#1 required that the contractor furnish and install a restraining system on the extensions of pipe added to the influent feed system in order to prevent any separation of the connected pipes. CO#1 increased the contract price to $104,399.68. Change Order #2 (CO#2) was executed on January 25, 2022 increasing the amount of the revised contract by $28,500.00. CO#2 was necessary to reroute electrical lines that were found to be in conflict with the influent feed sys_:em work. CO#2 increased the contract price to $132,899.68 and added time to the contract to allow for specialized electrical work to be completed. Change Order #3 (CO#3) was executed on February 17, 2022 to increase the amount of the revised contract by $26,342.75. CO#3 included additional electrical work that was necessary to complete the project. CO#3 increased the contract price to $159,242.43, while maintaining the contract extension terms identified in CO#2 As the Egret Marsh Stormwater Park and Nature Preserve functions to improve the quality of the water heading to the Lagoon by removing excess nitrogen and phosphorus while increasing dissolved oxygen content, CO#s 1, 2 and 3 were necessary in order to maintain operation of the site. In addition, as Emergency Services ma-ntains a Communication Tower for the County's emergency network on the site, timely response to electrical issues encountered was essential. 182 C:\Users\legistarr\AppData\Local\Temp\BCL Tectmologies\easyPDF 8\@BCL@A01 IF9FC\@BCL@AOI 1F9FC.doc �K Page 2 Egret Marsh Influent Feed System Change Order #s 1, 2 and 3 April 5, 2022 BCC Meeting FUNDING Funding for the Egret Marsh Algal Turf Scrubber Influent Feed System Replacement and subsequent Change Orders in the amount of $159,242.43 is available in the Optional Sales Tax/Public Works Construction in Progress/Egret Marsh Influent Feed System (31524338- 066510-21012) account. RECOMMENDATION Staff recommends the BCC approve Change Order #s 1, 2 and 3 of the Egret Marsh Algal Turf Scrubber Influent Feed System Replacement project (IRC Bid 2021049). ATTACHMENTS Change Order #1 Change Order #2 Change Order #3 APPROVED AGENDA ITEM FOR APRIL 5, 2022 183 SECTION 00942 - Change Order Forma No. 1 DATE OF ISSUANCE: 12114/2021 EFFECTIVE (DATE: 12/14/2021 OWNER- Indian River County CONTRACTOR Costello Brothers Marine Construction Project: EGRET MARSH ALGAL TURF SCRUBBER INFLUENT FEED SYSTEM REP€.ACEMENT OWNER'S Bid No. 2021049 You are directed to make the following -changes inthe Contract documents: ­ ~ �`- Description: Furnish and install two (2) 2'x2'x2' concrete thrust blocks and four (4) Mega flanges per plans and specifications Reason for Change Order. Item deemed necessary and added to specifications per County after award of did. Attachments: (List documents supporting change) County design specifications and Coste'lo Brothers price proposal CHANGE IN CONTRACT _ i PRICE: i CHANGE IN CONTRACT TIMES DCscri-- _— -�- -- ,� -tEort _Amount Description Time -� Original Contract Price $97.999.68 Original Contract Time: (days or dates) Substantial Completion: 1 10 days after marefiaf rcpt ! Final Completions = 10 days after Net increase (Decrease) from -_— material rcpt :- 50.00 Net change from previous Change previous Change Orders No. Orders No. 0 to 0 : {days) 0 t G : Substantial Completion: No Change Contract Price rior to this l - --_ _Final Completion: No Change - p $97.999.68 Contract Time prior to this Change Change Order 4 Order: (days or dates, I Substantial Completion: 10 days after material rcpt Final Completion: 0 days after Net Increase (decrease) of material r4pt } X6.400.00 , Net increase (decrease) this this Change Order: Change Order: (days or dates) Substantial Completion: No Change Col c Final Corn letion: No Chan e ntract Price with ail # $104.3,:9.68 Contract Time with all approved approved Change Orders: Change Orders: (days or dates) Substantial Completion: 10 days after TO rcpt Final Completion. 10 days after _ material rcpt ACCEPTED: (Signature) RECOMMENDED Date: APPROVED: Richard B. Rccharld B. Sy �igned bby zpyrka, P.E. B'y� Szpyrka, P. E. °ssizs�osoo' 4tiNER (Signature) - Date: 12/17/2021 184 00342 - 1 00942 - Change Order Form REV 04-07 doo SECTION 00942 - Change Order Form No. 002 DATE OF ISSUANCE: 01/25/2022 EFFECTIVE DATE: 01/25/2022 OWNER: INDIAN RIVER COUNTY CONTRACTOR COSTELLO BROTHERS MARINE CONSTRUCTION Project: EGRET MARSH ALGAL TURF SCRUBBER INFLUENT FEED SYSTEM REPLACEMENT OWNER'S Bid No. 2021049 You are directed to make the following changes in the Contract Documents: Description: Repair electrical lines exposed during excavation on the West end of the headworks and lower the lines below the grades necessary to allow for remaining construction of the Headworks modifications. Reason for Change Order: Electrical lines exposed during construction and need to be relocated below the headworks rehabilitation work. Proposed construction plans submitted by sub -contracted electrician and attached to this Change Order. Attachments: Description of Itemized Chanaes CHANGE IN CONTRACT 1 PRICE: Description Amount Original Contract Price $97,999.68 I Net Increase (Decrease) from $6,400,00 previous Change Orders material rcpt No. 0 to 1: 10 days after Contract Price prior to this $104,399.68 Change Order: i Net increase (decrease) of this $28,500.00 i Change Order: i No Change Contract Price with all approved $132,899.68 Change Orders: ACCEPT D• By _ ,! CO CTOR (Signature) Date: CHANGE IN CONTRACT ' TIMES 1 Description Time Original Contract Time: (days or dates) Substantial Completion: 10 days after material rcpt Final Completion: 10 days after material rc t Net change from previous Change Orders No. 0 to 1: (days) Substantial Completion: No Change Final Completion: No Change Contract Time prior to this I Change Order: (days or dates) Substantial Completion: 10 days after material rcpt Final Completion: 10 days after ` Net increase (decrease) this material rc t Change Order: (days or dates) Substantial Completion: 10 days after electrical repair 10 days after Final Completion: electrical repair Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 10 days after electrical repair l 10 days after Final Completion: electrical repair. RECOMMENDED: Eric D11t Da9iea2022 01251122 45-05 res By: Charest0 ENGINEER (Signature) Date: APPROVED: bigitally signed by Richard Richard B. B. Szpyrka, P. E. By: Szpyrka, P. E. 0soo20zz.o,.zg,z:zs:az OWNER (Signature) Date: OC942 -1 Egret Marsh Headworks Change Order Form No 2.doc F:\Public WorkslKeithM\Stormwater Projects\Egret Marsh OperawnWTS Manifold and Lateral Rehab\Change Order No. 2\Egret Marsh Headworks Change Order Form Nio 85 2.doc Rev. 05/01 SECTION 00942 - Change Order Form No. 003 DATE OF ISSUANCE: 02/14/2022 EFFECTIVE DATE: 02/14/2022 OWNER: INDIAN RIVER COUNTY CONTRACTOR COSTELLO BROTHERS MARINE CONSTRUCTION Project: EGRET MARSH ALGAL TURF SCRUBBER INFLUENT FEED SYSTEM REPLACEMENT OWNER'S Bid No. 2021049 You are directed to make the following changes in the Contract Documents: Description: Refeed electrical power to EMS Tower at Egret Marsh site in accordance with Change Order #3 proposal received from Costello Brothers Marine Construction, Inc. on to 2/9/2022 (proposal attached). Reason for Change Order: In addition to relocating wires below headworks rehabilitation work area, additional electrical work is needed to refeed electrical power to the EMS Tower. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $97,999.68 Net Increase (Decrease) from $34,900.00 previous Change Orders material rcpt No. 0 to 2: 10 days after Contract Price prior to this $132,899.68 Change Order: Net increase (decrease) of this $26,342.75 Change Order: 1 I Contract Price with all approved $159,242.43 Change Orders: ACCEPTED: i. COI RACTOR (Signature) Date: )- I LI -'3-� CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 10 days after material rcpt Final Completion: 10 days after material rc t Net change from previous Change Orders No. 0 to 1: (days) Substantial Completion: No Change Final Completion: No Chan e Contract Time prior to this Change Order: (days or dates) Substantial Completion: 10 days after material rcpt Final Completion: 10 days after material rcpt Net increase (decrease) this Change Order: (days or dates) Substantial Completion: 10 days after electrical repair 10 days after Final Completion: electrical repair Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 10 days after electrical repair 10 days after Final Completion: electrical re air RECOMMENDED: Eric Digitally signed by Eric Charest 2022.02.14 BY: Charest Date:48-0500' 08:45:413 -05'00' ENGINEER (Signature) Date: APPROVED: Richard B. DH: rn,Rc B 9z%r P.E By: Szpyrka, P.E. OWNER (Signature) Date: Egret Marsh Headworks Change Order Form NOJAC C0942 - 1 F.Tub4c Works\Ke@hM\Stormwater Projects\Egret Marsh Operation\ATS Manifold and Lateral Rehab\Change Order No. 3\Egret Marsh Headworks Change Order Form No 3.doc Rev. 05101 INDIAN 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: Patrick Murphy; Senior Planner, Current Development DATE: March 29, 2022 a SUBJECT: GRBK GHO Lucaya Pointe, LLC's Request for Final Plat Approval for a Plat -Over Site Plan Development to be known .as Lucaya Pointe Phase 1 [SD -19-05-03 / 2005120072- 90006] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 5, 2022. DESCRIPTION & CONDITIONS: Lucaya Pointe is a 108 -unit residential "plat -over" site plan project, whereby an individual lot will be established over each residential unit. Thus, each unit will be conveyed to a future owner on a fee -simple lot. It will include 76 detached single-family units, and 32 duplex units (16 duplex buildings), and the overall project density is 3.76 units/acre. The site is located north of 41St Street, east of U.S. Highway 1, is zoned RM -6, Residential Multiple -Family (up to 6 units/acre), and has an M-1, Medium -Density Residential -1 (up to 8 units/acre) future land use designation (see attachment 1). Phase 1 generally consists of the eastern half of the site (approximately 9.83 acres), and will include 60 single-family units, 16 duplex units (8 duplex buildings), common areas, and related infrastructure (stormwater pond, internal roads, landscaping, and recreation tracts). On February 13, 2020, the Planning and Zoning Commission granted major site plan and preliminary plat approval for Lucaya Pointe. As of this time, the developer has constructed 89.10% of the required project improvements. The applicant has coordinated with staff to provide the following: 1. A Phase 1 final plat in conformance with the approved preliminary plat (see attachment 2); 2. An approved Engineer's Certified Cost Estimate for the Phase 1 remaining required improvements; and 187 1 3. An executed Contract for Construction of Phase 1 remaining required improvements, with a Cash Deposit and Escrow Agreement for 125% of the cost for the remaining required improvements (see attachment 4). The Board is now to consider granting final plat approval for Lucaya Pointe Phase 1. ANALYSIS: Most, but not all, of the required project improvements have been completed. As provided for under the LDRs applicable to this final plat application, trFe applicant will be "bonding -out" the remaining 10.90% of required project improvements (drainage, landscaping, roadways, utilities). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements. The County Attorney's Office has reviewed and approved the Contract for Construction of Required Improvements and an acceptable cash deposit and escrow agreement in the amount of 125% of the cost of construction for the remaining required improvements. The contract for construction and security arrangement was executed by the County Administrator on March 1, 2022. All improvements within Lucaya Pointe Phase 1 will be private, with the exception of certain utility facilities. Those utility facilities will be dedicated and guaranteed to Indian River County, as required by the Utility Services Department. RECOMMENDATION: Staff recommends that the Board grant final plat approval for Lucaya Pointe Phase 1. ATTACHMENTS: 1. Location Map 2. Final Plat Layout 188 2 n� 2 w:= � m fl 7�Q` ZQ ld aN1M�13A,,, NO N Oii. ,, � ��L i Q '�• 00 00 O O N d� W o 0 z_ N N io %_ LLJ Cl) U) C14N �0��(> SSObo_ m co M LL ba .l3llV S3i9noa d to 1 CD _ c 0 :.(D °� U N N QNVIQOOM z a/ o Q O J 0 ¢: M T IIAA W o' i 4 I 1 M o M-JAVHlOZ 0 O J 00 0 0o D I U) oo CY)= M z O = o V Cl �- o — o) C) v l 4 m HW AY 1 g i z C0 C14 M N N vg\G I t ry o J D I � p I z 2 � 23RD 04 d Y -- 1dN """..".... "."" ' B ' Zia AVO I��I ��Shlll U ICC IU Q I�� ala Hl l6 ICg�E IC LU I ICJ! �0 > �_oCCaaa o O 0 E -16TH SQ 0 O O Q dti 0 0 0 CN N coco OS H196 0 E m � _\dDS. 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I lar 42 .59 Stl M.9f.O0.00N 8 (4L OETAL'a7 $ .ZL'90L ,ES10.00N p&CJ Lii�� LOT 99 "w"L l {+ p9 1-31 6 LOL N 6 ;ll M,90.00.Wx 7�E! .m'sn M.9c.0O00N OV y� a a 6 170 FS ,005{I M.99,OOOON $ g AOSII 3,[SLOmN S US I ti i wr^ for M ar DL Tar 27 S ��y'o n ;II M.9E,MMN I .ITSIL M.9r.MMIN $ m6l1 10.00' I1 P4 1 N ^ AO'SIl M,9[,00.0 N Is O IDT u 13n D: n • g � ;Il M,9E,00.00N LOL a6 '��x .IM m ,G9'9113.(510.00N q QL � AO' . IKN 1 Il r IUaaE WG1YA POINTE -PRASE 2 i 2� NGT PIAT 6 THS PLAT yti, H D INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM # + * Assistant County Administrator / Department of General Services Date: March 25, 2022 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Leigh Anne Uribe, Human Services Director Subject: Children's Services Advisory Committee's Recommendation of Request for Proposal, Grant Application and Agency Grant Contract for FY 2022-2023 By recommendation of the Children Services Advisory Committee, attached is the Request for Proposal (RFP), the Grant Application and the Agency Grant Contract as pertaining to the funding of children's programs in Indian River County for FY 2022-2023. BACKGROUND: Each year, in accordance with Section 103.24(2)(c) of the Indian River County Code, the Children Services Advisory Committee (CSAC) initiates the grant process for the next fiscal year by identifying and prioritizing unmet and under -met needs of children living in Indian River County. The data evaluated is derived from a countywide children's needs assessment performed every 3- 5 years and updated annually, the result of which is set -forth in the Focus Areas of Need. Once determined, the RFP is written and then advertised, outlining the Focus Areas of Need and the funding priorities therein. Additionally, the full RFP includes instructions, administrative requirements, evaluation criteria, and general guidelines for agencies applying for funding. RECOMMENDATION: Staff recommends that the Board accept the RFP, the Grant Application and the Agency Grant Contract for FY 2022-2023 as submitted, and authorize the County Administrator to execute the individual contracts after review and approval by the County Attorney. ATTACHMENTS (5): Request for Proposal RFP Notification Grant Application Evaluation Form Sample - Agency Grant Contract APPROVED AGENDA ITEM FOR APRIL 05, 2022 195 gm 2022-2023 REQUEST FOR PROPOSAL CHILDREN'S SERVICES ADVISORY COMMITTEE The Children's Services Advisory Committee of Indian River County was formed by Indian River County Ordinance 99.01, Chapter 103, as an advisory board to the Indian River County Board of Commissioners. Section 103.20. Purpose The purpose of the Children's Services Advisory Committee is to promote healthy children in a healthy community. The term "healthy" encompasses socioeconomic, physical, environmental, educational, and behavioral health. Section 103.21. Objective (1) The objective of the Children's Services Advisory Committee is to provide a unified system of planning and delivery, within which children's needs can be identified, targeted, evaluated, and addressed by the Children's Services Advisory Committee. (2) Definition of child. Any person who has not attained the age of eighteen (18) years; also, a minor. (3) This objective will be met by the Children's Services Advisory Committee through the powers and functions of the Board of County Commissions as follows: a) Recommend to provide and maintain in the county services for children as the Children's Services Advisory Committee determines are needed for the general well being of the county. b) Collect information and statistical data and conduct research helpful to the Children's Services Advisory Committee and the County in deciding the needs of children in the County. c) Consult, collaborate, and coordinate with other agencies dedicated to the well being of children to the end that duplication of services will be prevented. d) Recommend the allocation of fundis to agencies that provide services for the benefit of children in Indian River County. e) Recommend standards for measurable outcomes within the Request for Proposal and monitor the agencies for actual performance on agreed upon standards. f) Recommend to employ, pay and provide benefits for any part-time or full-time position needed to execute the foregoing powers and functions. FFP - 1 196 MISSION The mission of the Children's Services Advisory Committee is to facilitate and coordinate the planning and development of an effective and collaborative health and human services delivery system to meet the needs of the children and families of Indian River County. The Children's Services Advisory Committee strongly supports cultural diversity and encourages its funded programs to demons rate the inclusion of all children and families in program development and implementation. VISION The efforts of the Children's Services Advisory Committee will ensure the development of a shared vision for the health and human services delivery system in Indian River County enabling funding sources and providers to define and perform their roles in a dynamically changing environment. OVER -ARCHING GOALS ■ Improve the capacity of children in Indian River County to succeed to adulthood in a safe, healthy and productive manner. ■ Support caregivers — a child's most important resource — to be and do what is needed to shepherd children into adulthood in a safe, healthy and productive manner. FUNDING CRITERIA The Children's Services Advisory Committee is seeking programs that provide services to children and families of Indian River County. Proposals will be reviewed and evaluated by the Grant Review subcommittee which consists of members of the Children's Services Advisory Committee and other citizens of Indian River County. Proposals are accepted from government agencies, for-profit and not-for-profit organizations, and from individuals. 1. The program addresses, directly or indirectly, one or more of the Children's Services Advisory Committee's Focus Areas. 2. The program incorporates a system to bring the target population in need of services to the program. 3. The program has a substantial impact, directly or indirectly, on the achievement of one or more of the Children's Services Advisory Committee's Focus Areas of Need and incorporates measurable objective data of outcomes to demonstrate such impact. FFP - 2 197 4. The focus of the program is early intervention: the prevention of a problem before it occurs rather than the treatment and rehabilitation of an individual after the problem occurs. 5. The amount of funding requested is a wise investment of community funds. The amount spent is reasonable relative to the number of persons served and the results achieved. 6. The agency offering the program has the organizational capacity to deliver the program successfully (management, financial stability, board effectiveness, community support, etc.) 7. The program is part of a coordinated, collaborative approach designed to achieve one of the Children's Services Advisory Committee's Focus Areas. 8. The program uses quantitative and qualitative measures to evaluate relevant outcomes. 9. The agency uses best practices to include: a. Evidence based with measurable outcomes over time b. Cost effective/efficient with adequate staffing and regard to child safety c. Skilled executive, program management, and board leadership d. Strong governance and fiscal management e. Opportunity for broad impact (replicable, scalable, leverageable) Focus should be on the pockets of poverty. Given that poverty in Indian River County is in geographically disbursed pockets and unique transportation problems exist, services need to be available where and when people need and can access them. Best mediums must be utilized to clearly communicate what, when and where these services are available. Collaboration in the community is essential and can help optimize human and financial resources, expose and eliminate overlap and duplication. Interventions should start as early as possible in a child's life in order to have the greatest impact. PRIORITY OF FUNDING A comprehensive, community -wide needs assessment provides valuable information to help guide the Children Services Advisory Committee (CSAC) in identifying essential children's services and areas of focus to address both the unmet and under -met needs of children. This year's funding priorities are the result of the 2019-2020 Community Needs Assessment and the annual re-evaluation of its data. The Focus Areas of Need are ranked in order of priority. Due to the large impact of Covid-19 on our community, special focus will be on areas that have been most impacted such as trauma and mental health of children, regression in school and increased substance use. Priority will be given to evidence -based programs that can address these challenges. RFP - 3 198 1. Early Childhood Development This encompasses birth to age 5. For the younger children this would mean improving their interactions with caregivers beginning at birth and with focus on physical, social emotional and cognitive development. It would include improving the quality of childcare, Pre -K and Voluntary Pre -K providers. Providers must complete developmental screenings at appropriate intervals and make referrals where necessary. Why? Research shows that the period 0-5 years is the most important time for brain development. Physical, social emotional and cognitive skills can be significantly impacted during this time. 2. Quality remediation and enrichment programs that include a meaningful component of social emotional skill building and academic instruction Programs should be free/affordable and accessible (transportation) to parents and children. They should include quality instruction, be properly staffed and have enough dosing to make a meaningful impact on a child. We hold agencies to a high standard of what constitutes academic enrichment and intervention. Mentoring programs are included. Why? Children need to develop positive in and out of school outlets that keep them engaged in learning, promote their physical, emotional and mental health. There is a wealth of data supporting quality research -based intervention, extended day programs and extended year. 3. Build Parent Capacity This encompasses improving parenting skills at every age of a child's life and providing support mechanisms for parents, including the pre -natal period. Parents should be taught the importance of wellness of the whole child (medical, dental, mental health and developmental) in addition to meeting their basic needs. A priority would be new parents, first-time and single parents and those in the poverty pockets. Additionally, parents need to be assisted in obtaining developmental screenings at all stages of a child's development starting at 2 months. Why? A parent is a child's first and most important teacher. We need to equip parents to be the good parents they all want to be. 4. Programs that address risky youth behavior Evidence -based programs that help children and teens develop the tools to become productive, healthy, law-abiding citizens and address risky behavior (e.g., chronic absenteeism, substance use, delinquency, violence, teen pregnancy, STDs, bullying, depression and other mental health problems.) Why? Nonacademic risk factors like absenteeism, mental illness, and substance abuse among youth are associated with adverse outcomes (e.g., high school dropout, criminal justice involvement, unemployment, etc.). Evidenced -based prevention, early intervention, and intensive, individualized interventions are needed to promote success and well-being of individuals, families, and the greater community. RFP -4 199 FUNDING PROCESS To Be Announced A mandatory information session will be held to provide an overview of the grant application process. Contact Leigh Anne Uribe at luribe(a)_ircgov.com to register. May 2, 2022 Proposals are due by 2:00 PM ONLINE VIA e-CIMPACT. Late proposals will NOT be accepted. June 9-11, 2022 The Grant Review Subcommittee will evaluate funding proposals. Agencies will be contacted to schedule a date and time for their review. June 13, 2022 The Grant Review subcommittee will present funding recommendations to the Children's Services Advisory Committee for approval. June 21, 2022 Approved funding recommendations will be presented to the Board of County Commissioners, followed by formal notifications to all agencies regarding the funding of their proposal(s). September 22, 2022 Grant contracts will be electronically mailed following the County's final Budget Hearing. Contract dates will run October 1, 2022 through September 30, 2023. DISQUALIFICATION Any one, or a combination of the items listed below, will disqualify an applicant from further consideration as a qualified applicant. 1. Failure to include proof of, or ability to obtain, all required liability insurance listing Indian River County as an additional insured, as specified in the County contract attached to the proposal. 2. Failure to submit all portions of the proposal by the specified submission deadline. 3. Failure to certify the Application for Funding by the Agency's duly authorized official attesting to the accurateness of the submission and the governing body's approval. REQUIREMENTS • All agencies, or individuals, receiving a grant must negotiate performance measurements with the Children's Services Advisory Committee and submit a Program Budget for review. • All agencies, or individuals, receiving a grant will be required to mention the Children's Services Advisory Committee and Indian River County as a funder, or partial funder of the program, in all printed material and press releases. • All agencies, or individuals, receiving a $100,000 grant or more, will be required to provide Indian River County with a financial audit within 180 days after the end of the agency's fiscal year. • For Profit Applicants must provide a copy of their most recent Federal Tax Return with the application. RFP - 5 200 SPECIAL CONTRACT TERMS AND CONDITIONS Period of Performance Grant contracts will run from October 1, 2022 through September 30, 2023. Program monitoring, quarterly reports, and mid -year presentations to the Grant Review subcommittee will be developed with grant recipients after the contract is finalized. Invoicing and Payment • All payments are based on reimbursement of paid expenses. • All requests for payment should be sc;bmitted to Indian River County Human Services Department, Attention: Leigh Anne Uribe, 1900 27th Street, Vero Beach, Florida, 32960. • Request for payment must be submitted in a timely manner (monthly, if possible). • Reimbursements will be limited to 25% of the contracted program dollar amount during each calendar quarter unless pre -approved (Oct -Dec, Jan -Mar, Apr -Jun, Jul -Sept). • Each reimbursement request must have a Reimbursement Request Form detailing all expenses. For each expense listed, a backup invoice and/or receipt, and any other pertinent data must be attached. If the agency requests reimbursement for salaries, other related documentation (i.e., copies of payroll checks, payroll tax checks, invoices, checks for benefits) must be included. • Travel inside the county will be reimbursed according to Florida Statute 112.061. • Payment may be delayed for three reasons: o Improper filing of requests o Not filing quarterly reports with the Department of Human Services within 30 days after the end of each quarter o Not filing the agency's audit, as required by the County, in a timely manner The following items will NOT be reimbursed by the Indian River County Board of County Commissioners or by the Children's Services Advisory Committee: • Food and beverages • Paid Time Off - sick or vacation payments for employees • Capital expenses of any amount • Cell phone charges • Costs incurred by applicants in responding to the RFP • Expenses other than those related to the curriculum or staffing of the program • Expenses incurred prior to the first date of the grant • Travel outside of Indian River County • Travel expenses not related to the delivery of the program • The payment of fines or assessed penalties • Any expense not outlined in the agency's Program Budget THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND THE BOARD OF COUNTY COMMISSIONERS RESERVE THE RIGHT TO REJECT ANY OR ALL PROPOSALS, TO WAIVE ANY NON -SUBSTANTIVE DEFICIENCY OR IRREGULARITY, AND TO AWARD A CONTRACT IN WHAT THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND BOARD OF COUNTY COMMISSIONERS BELIEVE TO BE IN THE BEST INTEREST OF INDIAN RIVER COUNTY CHILDREN. RFP - 6 201 SUPPORTING DOCUMENTS CHECKLIST List of current Officers and Directors Latest Financial Audit Report & Management Letter (Must conform to the AICPA Audit Guide) Most recent IRS Form 990, (Including all schedules) Most recent internal Financial Statement (Profit & Loss or Balance Sheet) Staff Organizational Chart Most recent Annual Report (if available) 501(C)(3) IRS Exemption Letter Articles of Incorporation Agency's Bylaws Agency's written policy regarding Affirmative Action Evidence of Liability and Workers Compensation Insurance Board -approved Strategic Plan (if available) Sworn Statement Under Section 105.08, Indian River County Code on Disclosure of Relationships Funder Specific Budget and Position Salaries Survey Tools Program Outcomes Report All materials and supporting documentation submitted in response to the RFP become public documents and the property of the Indian River Board of County Commissioners. RFP - 7 202 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with CSAC 2022-2023 Request for Proposal for: 2. This sworn statement is submitted by: whose business address is: 3. My name is 4. 5. W (Name of entity submitting Statement) (Please print name of individual signing) and my relationship to the entity named above is I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. . The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: 203 Name of Affiliate Name of County Commissioner Relationship or entity or employee (Signature) (Date) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2022, by who is personally known to me or who has produced as identification. SIGN: PRINT: NOTARY PUBLIC Notary Public, State at large My Commission Expires: (Seal) 204 2022-23 FUNDING APPLICATION FUNDER SPECIFIC BUDGET PROGRAM EXPENSES AGENCY NAME: PROGRAM NAME: FY 22-23 FY 22-23 TOTAL FUNDER PROGRAM SPECIFIC BUDGET BUDGET % OF TOTAL VS. FUNDER REQUEST EXPENDITURES Salaries Employment Benefits Retirement - Annual pension for qualified staff Life/Health - Medical/Dental/Short-term Disab. Payroll Taxes i FICA - Total salaries x 0.0765 Workers Compensation - # employees x rate Florida Unemployment - # projected employees x $7,000 x rate Administrative Costs Advertising Audit Expense Books/Educational Materials Equipment: Rental & Maintenance Food & Nutrition Insurance Occupancy (Building & Grounds) Office Supplies Postage/Shipping Printing & Publications Specific Assistance to Individuals Subscription/Dues/Memberships Telephone Travel/Conferences/Training Travel -Daily Utilities Other/Miscellaneous Professional Fees (Legal, Consulting) TOTAL OPERATING EXPENDITURES Equipment Purchases: Capital Expense TOTAL EXPENDITURES 205 Gross % of Gross Annual SALARIES POSITION LISTING Portion of Salary on Funder Specific Salary Annual Salary ram Budget Pro e Position Title /Total Hrs/wk (Acency) Proposed g g t Requested Example: Executive Director/40 hrs 70,000.00 10,000.00 5,000.00 7.14% Total Salaries 206 2022-2023 REQUEST FOR PROPOSAL CHILDREN'S SERVICES ADVISORY COMMITTEE The Children's Services Advisory Committee (CSAC), an advisory committee to the Indian River County Board of County Commissioners, is now accepting applications for the grant period beginning October 1, 2022 through September 30, 2023. This Request for Proposal (RFP) allows not-for-profit and for-profit organizations, government agencies and individuals, to apply for funding of children's programs in Indian River County. Organizations submitting proposals will be required to demonstrate how their proposed program's focus and impact are aligned with at least one of the Focus Areas of Need outlined below. Please review the full RFP attachment for complete details and instructions. The deadline for submission is 2:00 PM Monday, MAY 2, 2022. FOCUS AREAS OF NEED 1 - Early Childhood Development. This encompasses birth to age 5. For the younger children this would mean improving their interactions with caregivers beginning at birth and with focus on physical, social emotional and cognitive development. It would include improving the quality of childcare, Pre -K and Voluntary Pre -K providers. Providers must complete developmental screenings at appropriate intervals and make referrals where necessary. 2 - Quality remediation and enrichment programs that include a meaningful component of social emotional skill building and academic instruction. Programs should be free/affordable and accessible (transportation) to parents and children. They should include quality instruction, be properly staffed and have enough dosing to make a meaningful impact on a child. We hold agencies to a high standard of what constitutes academic enrichment and intervention. Mentoring programs are included. 3 - Build Parent Capacity. This encompasses improving parenting skills at every age of a child's life and providing support mechanisms for parents, including the pre -natal period. Parents should be taught the importance of wellness of the whole child (medical, dental, mental health and developmental) in addition to meeting their basic needs. A priority would be new parents, first-time and single parents and those in the poverty pockets. Additionally, parents need to be assisted in obtaining developmental screenings at all stages of a child's development starting at 2 months. 4 - Programs that address risky youth behavior. Evidence -based programs that help children and teens develop the tools to become productive, healthy, law-abiding citizens and address risky behavior (e.g., chronic absenteeism, substance use, delinquency, violence, teen pregnancy, STDs, bullying, depression and other mental health problems). NOTE: Across all focus areas, importance will be on areas that have been most impacted by COVID-19 such as trauma and mental health of children, regression in school and increased substance use. Evidence -based programs that can address these challenges will be prioritized. Applications are electronic only and submitted via e-CImpact. If you do not have an e-CImpact account or require technical assistance, please contact Nate Bruckner at (772) 567-8900 x114 or Nate. Bruckner@UnitedWayIRC.org. For questions related to the RFP and grant application process, please contact Leigh Anne Uribe at (772) 226-1467 or LUribeC@IRCgov.com. fa, t�d � Kf,PG&nd it Children's Services Advisory Committee Grant Application - CSAC 2022-2023 Grant Application PROGRAM COVER PAGE Organization Name Executive Director Name Organization Address Executive Director Email Executive Director Phone Program Director Name Program DirectorEmail Program Director Phone Name of Program Identify the Focus Area (s) of Need your program will address: r Early Childhood Development r Quality Remediation and Enrichment Programs r Build Parent Capacity f Programs that Address Risky Youth Behavior Brief Description of the Program (This is the summary used to describe your program and should be as focused and brief as passible.) CSAC FY23 CORE APPLICATION - 1 208 AGENCY BUDGET Revenue 209 CSAC FY23 CCRE APPLICATION - 2 FY 20/21 A"TUALS FY 21/22 TOTAL BUDGETED FY 22123 PROPOSED BUDGET Percentage Change + or (-) Children's Services Council(s) CSC - St. Lucie County CSAC - Indian River County CSC - Martin County United Way -Indian River County United Way -St. Lucie County United Way -Martin County County Funds Department of Children & Families Other FL State Funds Federal Funds Grants for Funding Capital Expenditures Other Funders John's Island Community Service League Quail Valley Indian River County Hospital District Grand Harbor Indian River Community foundation Other Program Fees Contributions -Cash Fund Raising Events -Net Funds from Other Sources Investment Income Legacies & Bequests Membership Dues Miscellaneous Reserve Funds Used for Operating Sales to Public -Net In -Kind Donations (Not included in total) TOTAL 209 CSAC FY23 CCRE APPLICATION - 2 AGENCY BUDGET Expenditures Revenues Over/ (Under) Expenditures FY 20/21 ACTUAL FY 21/22 TOTAL BUDGETED FY 22/23 PROPOSED BUDGET Percentage Change + or (-) Salaries ACTUAL TOTAL PROPOSED Change Payroll Taxes BUDGETED BUDGET + or (-) Employee Benefits Professional Fees Administrative Costs Advertising Audit Expense Educational Materials Books, Specific Assistance Equipment: Rental & Maintenance Food & Nutrition Insurance Occupancy Office Supplies Postage/Shipping Printing & Publications Specific Assistance to Individuals Subscription/Dues/Members hips Telephone Travel/Conferences/Training Travel -Daily Mileage Reimbursement. Utilities Other TOTAL Equipment Purchases: Capital Expense Revenues Over/ (Under) Expenditures 210 CSAC FY23 CORE APPLICATION - 3 FY 20/21 FY 21/22 FY 22/23 Percentage ACTUAL TOTAL PROPOSED Change BUDGETED BUDGET + or (-) REVENUES OVER/UNDER EXPENDITURE` 210 CSAC FY23 CORE APPLICATION - 3 PROGRAM FUNDING REQUEST The client figures and amounts entered in this section must be consistent with those used later in the Narrative, Demographics Unduplicated Client Count, and Program Budget Sections of this application. The numbers served should NOT be duplicative of each other and should be a reasonable expectation, given the size and scope of the program. Amount Requested from CSAC for 2022/23 0.00 Total Proposed Program Budget for 2022123 0.00 Percent of Total Program Budget 0.00 Current Program Funding from CSAC (2021/22) 0.00 Dollar increase/(decrease) in request 0.00 Percent increase/(decrease) in request 0.00 Unduplicated Number of Children to be served Individually 0 Unduplicated Number of Adults to be served Individually 0 Of the total children and adults served individual, how many are served via group settings 0 Total Program Cost per Client 0.00 Please indicate reason for $ change in request. Check all that apply. F Increased number of clients r Decreased funding from other sources r Addition of staff r Decreased operating expenses f— Decreased services r New Program I— Increased operating expenses r Expansion of services r Decreased number of clients I— Increased funding from other sources r Decreased staff r Other If request increased by 5% or more over previous year's allocation, provide a detailed explanation as to why. If the funding request is more than 25% of the Program Budget, provide a detailed explanation as to why. How would the program maintain services in absence of CSAC funding? Does the program charge clients any fees for program services? If yes, please explain. If these funds are being used to match another source, name the source and the $ amount. 211 CSAC FY23 CORE APPLICATION - 4 The Organization's Board of Directors has approved this application on: Electronic Signature of President/Chair of the Board or Executive Director/CPO. (Entering the names of the Executive Director and Board Chair is confirmation that both parties have reviewed this application and approve its submission.) PROPOSAL NARRATIVE Organizational Capacity Provide the mission statement and vision of your organization. Mission: 010Me d # of Full TimeEmployees 0 # of Part Time Employees 0 # of Volunteers 0 Agency Fiscal Year: Please briefly explain your policies and procedures on performing background checks on all staff and volunteers interacting with children? Does the Agency have a Board -approved written, active, strategic plan? If yes, when was it last updated? Does the Agency have a Board Attendance Policy? If yes, please explain the requirements, including the # of times the Board meets annually and the # of Board members. Does the Board have any current vacancies? If yes, please list. Date the Board By -Laws were last updated: Is there a Foundation and/or Endowment associated with the agency? If yes, please explain. Total amount of unrestricted cash: Describe briefly the Agency's current fundraising activities. Has your Agency EVER had any county, state or federal investigations into its operations? If yes, please explain. 212 CSAC FY23 CORE APPLICATION - 5 Provide a BRIEF summary of your organization including areas of expertise, accomplishments, and population served as it relates to this program application. As it relates to the program application specifically, how has the COVID-19 pandemic impacted the scope of your services and what measures have been implemented as a result? Provide a brief summary of the agency's response, the successes you've had and the challenges you may be encountering still. ❖ Program Need Statement What is the unacceptable condition requiring change that is addressed by your program? Who has the need? Where do they live? Provide local, state, or national trend data, with reference source, that corroborates that this is an area of need in our community, and answer as directly as possible. Program Description - Be as specific and understandable as possible and focus on the indicated subject for each area. The end result of this section is to have a comprehensive understanding of what your program will accomplish in the community and how you intend to achieve your results. Briefly describe the program activities and how they address, and will reduce, the unacceptable condition (from Program Need Statement). Describe the "best practices" followed and provide evidence that indicates proposed strategies are effective with target population. Describe the frequency of the program activities. Please include bullet points for the average daily # of children in attendance, hours per day, days per week, and days per month. List staffing needed for your program, including required experience and estimated hours per week in program for each staff member and/or volunteer. Explain how the target population is made aware of the program. Explain how clients access program services? (i.e., location, transportation, hours of operation, etc.) Does the program currently utilize a waiting list? If yes, how many clients are currently on the waitlist to enter the program? Identify similar programs that are currently serving the needs of your target population and describe any efforts to minimize duplication. What differentiates your program from other similar programs? 213 CSAC FY23 CORE APPLICATION - 6 PROGRAM OUTCOMES & ACTIVITES In general, a program should have 3-4 program outcomes. The outcome indicates the measurable impact or change the program will have on the clients it serves. The outcome should detail the results of the services provided, not the services provided. Outcomes utilize action words such as maintain, increase, decrease, reduce, improve, raise, and lower. Please incorporate the following into the outcome description: * Direction of change * Area of change * Target population * Degree of change * Time frame * As measured by * Baseline: the number you will be measuring against Example Outcome: To decrease (direction of change) number of unexcused absences (area of change) of enrolled boys and girls (target population) by 75% (degree of change) in one year (time frame) as reported by the 2015-16 School Board attendance records (as measured by). Baseline: 2015-16 School Board attendance records for enrolled boys and girls. IMPORTANT NOTE: Keep in mind when developing Program Outcomes that, if funded, you will be accountable to accomplish the outcomes stated. Also, the Program Outcomes should reflect the information described in the Program Need Statement. The Program Need Statement should flow from the Mission and Vision. Measurable outcomes should be based on, and measure, program needs. Activities are the tasks you do to influence the outcome and impact the :unacceptable condition in your Program Need Statement. If this is a new program for Indian River County and you have data from another county that is specific to this program application, attach a Program Outcomes Report under Support Documents. Expected Outcome /Change (Focus Area): ➢ For this outcome, report current fiscal year results to date (10/01/21 — 03/31/22): ➢ ACTUAL outcome results for the previous fiscal year: Indicator Measurements (Evidence): Program Activities (What): Frequency (How Often): Responsible Parties (Who): Data Source (Where): Time of Measurement (When): CSAC FY23 CORE APPLICATION - 7 214 COLLABORATIVE AGENCY List Collaborative Agency - Collaboration is expected to better serve the community and fill existing gaps in services. Agency Name I Program Resources Provided 215 CSAC FY23 CORE APPLICATION - 8 DEMOGRAPHICS This data allows for comparison between what was accomplished in the last complete year, what has occurred so far in the current year, and what you expect to achieve in the coming year for which you are requesting funds. In all sections, the Totals Served should match. The figures from these sections must be in agreement with those stated in the Program Funding Request section. The data for those served as individuals and by group services should NOT be duplicative. Unduplicated Clients - Program Specific Age 10/2019- 09/2020 10/2020- 09/2021 10/2021- 09/2022 Projected 10/2021- 03/2022 Actual 10/2022- 09/2023 Projected 0/6 of Total Individual Children Children in Groups Individual Adults Adults in Groups Number of Families Total Age Ethnicity 10/2019- 09/2020 10/2020- 09/2021 10/2021- 09/2022 Projected 10/2021- 03/2022 Actual 10/2022- 09/2023 Projected % of Total Total # of Children Preschool 0-4 Elementary 5-10 Middle School 11-14 High School 15-18 Total # of Adults Young Adult 19-25 16 Adult 26-54 Senior 55+ Total Ethnicity CSAC FY23 CORE APPLICATION - 9 10/2019- 09/2020 10/2020- 09/2021 10/2021- 09/2022 Projected 10/2021- 03/2022 Actual 10/2022- 09/2023 Projected 0/b of Total Black /African American White Hispanic / Latino Asian American Indian Other Unknown 16 CSAC FY23 CORE APPLICATION - 9 Total Income Geographic Location 10/2019- 09/2020 10/2D20- 09/2021 10/2021- 09/2022 Projected 10/2021- 03/2022 Actual 10/2022- 09/2023 Projected % of Total 100% of poverty or below 101 % to 150% of poverty 151 % to 200% of poverty 201 % of poverty and above Unknown Total Geographic Location 217 CSAC FY23 CCRE APPLICATION - 10 10/2019- 09/2020 10/2020- 09/2021 10/2021- 09/2022 Projected 10/2021- 03/2022 Actual 10/2022- 09/2023 Projected % of Total Indian River Co. 32948 32958 32960 32962 32963 32966 32967 32968 Unknown Martin Co. St. Lucie Co. Okeechobee Co. Total 217 CSAC FY23 CCRE APPLICATION - 10 PROGRAM BUDGET Revenue 218 CSAC FY23 CCRE APPLICATION - 11 FY 20/21 ACTUAL FY 21/22 TOTAL BUDGETED FY 22/23 PROPOSED BUDGET Percentage Change + or (-) Children's Services Council(s) CSC St. Lucie County CSAC - Indian River County CSC - Martin County United Way -Indian River County United Way -St. Lucie County United Way -Martin County County Funds Department of Children & Families Other FL State Funds Federal Funds Other Funders John's Island Community Service League Quail Valley Indian River County Hospital District Grand Harbor Indian River Community Foundation Other Grants for Funding Capital Expenditures Program Fees Contributions -Cash Fund Raising Events -Net Funds from Other Sources Investment Income Legacies & Bequests Membership Dues Miscellaneous Reserve Funds Used for Operating Sales to Public -Net In -Kind Donations (Not included in total) TOTAL 218 CSAC FY23 CCRE APPLICATION - 11 PROGRAM BUDGET Expenses Revenue Over / (Under) Expenditures FY 20/21 ACTUAL FY 21/22 TOTAL BUDGETED FY 22/23 PROPOSED BUDGET Percentage Change + or (-) Salaries ACTUAL TOTAL PROPOSED Change Subcontractor Wages BUDGETED BUDGET + or (-) Employee Benefits Payroll Taxes Professional Fees Administrative Costs Advertising Audit Expense Educational Materials Equipment: Rental & Maintenance Food & Nutrition Insurance Occupancy Office Supplies Postage/Shipping Printing & Publications Specific Assistance to Individuals Subscription/Dues/Memberships Telephone Travel/Conferences/Training Travel -Daily Mileage Reimbursement Utilities Other TOTAL Equipment Purchases: Capital Expense Revenue Over / (Under) Expenditures 219 CSAC =Y23 CORE APPLICATION - 12 FY 20/21 FY 21/22 FY 22/23 Percentage ACTUAL TOTAL PROPOSED Change BUDGETED BUDGET + or (-) REVENUES OVER / UNDER EXPENDITURES 219 CSAC =Y23 CORE APPLICATION - 12 �atvFft�. Children's Services Advisory Committee Evaluation Form 2022-2023 Agency Name: Program Name: Focus Area(s): Section A. Organizational Capacity Meets Does NOTIdentified needs to meet expectations Meet Agency's mission/purpose is clearly stated and is congruent with services to be provided. Agency's Board of Directors is an active body, representative of the community, responsible for policy setting, fiscal guidance, and ongoing governance of the organization. Agency is stable, responsive to community needs, and engages in strategic planning. Agency leverages internal and external resources in providing services for which they are seeking funding. Agency has other sources of revenue and/or has been successful in obtaining other sources of revenue, beyond CSAC funding, which supports the proposed program. Section A. Questions/Comments/ Strengths and Weaknesses: Section B. Program Information Meets Does NOTIdentified needs to meet expectations Meet Program addresses a priority need(s) identified in the focus areas of need. The need for the proposed Program in Indian River County is clearly and adequately established. Program is well defined and the proposed strategies support evidence -based best practices. Agency has a demonstrated track record of successfully providing services similar to those being proposed and achieving goals and outcomes. There is a description of how services will address the underlying community issue. Proposed services and targeted results are realistically achievable and will improve the quality of life of persons served. The average cost to serve each unduplicated client is reasonable for the type of services to be provided and the goals and outcomes to be achieved. The target population to be served is clearly described and methods to be used encourage participation of the most in need and/or most at risk. 220 Page 1 of 2 Incorporates a system to provide awareness and Does NOT accessibility of the Program to the target population, Meets Meet Identified needs to meet expectations including referral networks and outreach techniques. Program is part of a coordinated collaborative approach designed to achieve a community goal, leverage existing partnerships and resources in the area, and prevent duplication of services. Section B. Questions/Comments/Strengths and Weaknesses: Section C. Outcome/Indicator Measurement Meets Does NOT Identified needs to meet expectations Meet Clearly defined and acceptable resources which are dedicated to and consumed by the Program for Program success. Program has a measurement system in place to validate results and achievement of Program goals and outcomes. Program's proposed services are sufficiently comprehensive in scope in order to achieve the Program's goals and outcomes. It is clear how unduplicated clients' per ormance is tracked and measured clearly showing advancement towards achievement of the outcomes identified, including numbers and percentages. Clearly describes the frequency, duration, intensity, and location of services and activities provided. Clearly describes the direct outputs of the Program's activities. Section C. Questions/Comments/Strengths and Weaknesses Section D. Financial Stability YES or NO Does the Agency have a foundation associated with it? Is the Agency primarily funded by State or Federal money? Does the Agency have more than three months of cash on hard? Section D. Questions/Comments/Strengths and Weaknesses Section E. Recommendation AGREE / DISAGREE Based on the evaluation, the Agency has the capacity to successfully implement the proposed program. Requested Funding: Funding Recommendation: Committee Member: 44,11 Page 2 of 2 Indian River County Grant Contract This Grant Contract ("Contract") entered into effective this 1 st day of October 2022 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and (Recipient) of (Address) for (Name of Program). Background Recitals A. The County has determined that iit is in the public interest to promote healthy children in a healthy community. B. The County adopted Ordinance 99-1 on January 19, 1999 ("Ordinance") and established the Children's Services Advisory Committee to promote healthy children in a healthy community and to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed. C. The Children's Services Advisory Committee has issued a request for proposals from individuals and entities that will assist the Children's Services Advisory Committee in fulfilling its purpose. D. The proposals submitted to the Children's Services Advisory Committee and the recommendation of the Children's Services Advisory Committee have been reviewed by the County. E. The Recipient, by submitting a proposal to the Children's Services Advisory Committee, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. F. The County has agreed to provide such Grant funds to the Recipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals. The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant. The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Recipient attached hereto as Exhibit "A" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Term. The Recipient acknowledges and agrees that the Grant is limited to the fiscal year 2022/22 ("Grant Period"). The Grant Period commences on October 1, 2022 and ends on September 30, 2023. 4. Grant Funds and Payment. The approved Grant amount for the Grant Period is ($ ). The County agrees to reimburse the Recipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the 222 information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 5. Additional Obligations of Recipient. 5.1 Records. The Recipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Recipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County shall have access to all books, records, and documents as required in this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 5.2 Compliance with Laws. The Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations. 5.3 Quarterly Performance Reports. The Recipient shall submit quarterly, cumulative, Performance Reports to the Human Services Department of the County within fifteen (15) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to the number of unduplicated children served during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 5.4 Audit Requirements. If Recipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Recipient is required to have an audit completed by an independent certified public accountant at the end of the Recipient's fiscal year. Within 180 days of the end of the Recipient's fiscal year, the Recipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Recipient agrees to notify the County prior to any change in the fiscal period of Recipient. The Recipient acknowledges that the County may deny funding to any Recipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted by May 1. 5.4.1 The Recipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 5.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Recipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 5.5 Insurance Requirements. Recipient shall, no later than October 1, 2022, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for 223 premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non - owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 5.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Recipient agrees that it is the Recipient's sole responsibility to coordinate activities among itself, the County, and the Recipient's insurer(s) so that the ir-surance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Recipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Recipient's place of business, of any and all insurance policies that are required in this Contract. If the Recipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 5.7 Indemnification. The Recipie-it shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Recipient, its agents, officers, or employees in connection with the performance of this Contract. 5.8 Public Records. The Recipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). The Recipient shall comply with Florida's Public Records Law. Specifically, the Recipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. 224 (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. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Recipient upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Recipient to comply with these requirements shall be a material breach of this Agreement. 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(a-)JRCGOV.COM Indian River County of the County Attorney 1801 27th Street Vero Beach, FL 32960 6. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Recipient if the County determines that such termination is in the public interest. 7. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference. 9. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. 10. Notification. Recipient shall notify County of all changes in Recipient's senior management and of any litigation filed against or by Recipient. 225 IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Approved as to form and legal sufficiency: Approved: Jason Brown, County Administrator Dylan Reingold, County Attorney RECIPIENT: By: Agency Name: 226 EXHIBIT A [Copy of p-oposal cover page] 227 EXHIBIT B [From policy adopted by Indian River County Board Of County Commissioners on March 15, 2022.] "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 for which funding was awarded. For example, no expenditures prior to October 15t 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. 6. Each reimbursement request must irl.clude 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. 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. 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." 228 EXHIBIT C STANDARD TERMS FOR GRANT CONTRACT 1. Notices: Any notice, request, demand, consent, approval or other communication required or permitted by this Contract shall be given or made in writing, by any of the following methods: facsimile transmission; hand delivery to the other party; delivery by commercial overnight courier service; or mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Leigh Anne Uribe, Director Indian River County Human Services 1900 27TH Street Vero Beach, Florida 32960-3365 Recipient: 2. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 3. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by 'both parties. 4. Severability: In the event any provision cf this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 5. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 6. Independent Contractor. The Recipient is and shall be an independent contractor for all purposes under this Contract. The Recipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in a'I places be subject to the Recipient's sole direction, supervision, and control. 7. Assignment. This Contract may not be assigned by the Recipient without the prior written consent of the County. 229 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of Emergency Services DATE: March 14, 2022 SUBJECT: Approval of Renewal of a Class `B" Certificate of Public Convenience and Necessity from Coastal Care Corporation DBA Cleveland Clinic Advanced Medical Transport It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. BACKGROUND: On October 1, 2019, the Board approved a Class B Certificate of Public Convenience and Necessity to provide Non -Emergency ambulance inter -facility medical transports at the ALS/BLS level for Cleveland Clinic Martin Health. On February 11, 2020 the Board approved a name change from Cleveland Clinic Martin Health to Cleveland Clinic Advanced Medical Transport. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class `B" certificate was been submitted by Coastal Care Corporation DBA Cleveland Clinic Advanced Medical Transport. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. 230 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve the renewal of the Class `B" Certificate of Public Convenience and Necessity for Coastal Care Corporation DBA Cleveland Clinic Advanced Medical Transport, to be effective for a period of two (2) years commencing February 11, 2022, and expiring February 11, 2024. ATTACHMENTS: COPCN Renewal Application from Coastal Care Corporation DBA Cleveland Clinic Advanced Medical Transport 231 QPSMFNT INDIAN RIVER COUNTY P DEPARTMENT OF EMERGENCY SERVICES W % f APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) Coastal Care Corporation DBA Cleveland Clinic 3/9/2022 APPLICANT NAME: Advanced Medical Transport DATE. APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. � This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A _BLS _ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ® ✓ BLS ✓ ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C _BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D _BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. 232 II. COMPANY DETAILS 1. NAME OF AGENCY: Coastal Care Corporation DBA Cleveland Clinic Medical Transport MAILING ADDRESS: P.O. Box 9010 CITYStuart COUNTY Martin ZIP CODE: 34995 BUSINESS PHONE: 772-223-5947 ext: 17028 2. TYPE OF OWNERSHIP (i.e. Private, Government, Volunteer, Partnership, etc.): Not -For -Profit Hospital 3. MANAGER'S NAME: Carmelo Maldonado ADDRESS: P.O. Box 9010, Stuart Florida 34995 PHONE #: 772-41 -2126 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS See attached sheet 5 NAME pnCITIONI PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES ADDRESS Chris Kammel, EMS Chief 800 SE Monterey Rd Stuart FI 34994 772-215-4495 PHONE # Brian Gonzalez, Division Chief, 5160 NW Milner Dr, PSL FL 34983 772-621-3447 Jonathan Huneycut, Battalion Chief, 800 MLK JR Blvd, Stuart FL 34994 772-288-5361 233 6. FUNDING SOURCE: Transport Revenue 7. RATE SCHEDULE ATTACHED? YES © NO ❑ N/A ❑ 8. LIST THE ADDRESS OF SOUR BASE AND ALL SUB -STATIONS: 2150 SE Salerno . Suite 108 Stuart FL 34997 10000 Innovation Way Port St. Lucie FL 34987 1000 36th Street Vero Beach FL 32960 1095 St. Lucie West Blvd. Port St. Lucie FL 34986 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: Motorola SM2O0, CM30Od, PM15OO, and TLK-150 Two Way Mobile Radios 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) UHF 450-470mhs and TLK-150 LTE Base -N/A Statewide Commercial Radio System Mobiles- 624, 625, 627, 628, 629, 630 631, 632, 6331 634, 636 and 637 3. LIST ALL HOSPITALS .AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION All Licensed Emergency Departments None Via EMS Med 8 234 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: RENEWAL APPLICANTS NEED ONLY #'s 4 - 9 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges 235 V. NOTARIZED STATEMENTS I, Christopher Soska, Chief Operating Officer, the representative of Applicant Name Coastal Care Corporation DBA Cleveland Clinic Medical Transport , do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. APPLICANT SIGNATURE DATE Before me personally appeared the said Christopher Soska, Chief Operating Officer who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this day of March , 2022 My commission expires: 2/14/2023 NOTARY PUBLIC 236 Indian River County, Florida Department of Utility Services Board Memorandum Date: March 24, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared by: Terry Southard, Operations Manager, Utility Services Subject: Request to Piggy -Back Martin County Bid Process for Caustic Soda Chemicals Background / Analysis: Indian River County Department of Utility Services (IRCDUS) has two (2) water production plants that use caustic soda for the treatment of water. With most chemicals used in water production, staff goes out to bid for an annual locked -in rate. However, the caustic soda market is quite volatile, and the bid process does not yield the best prices. Therefore, staff typically seeks price quotes every 8-12 weeks in order to ensure we are getting the lowest cost available for caustic. As a result, we process several purchase orders each year for caustic. IRCDUS typically obtains quotes from the same three vendors: Allied Universal Corp, Brenntag Mid -South Inc., and Harcros Chemicals Inc. IRCDUS has recently been piggybacking a bid frcm Martin County for caustic soda. The Martin County bid was awarded to Brenntag Mid -South Inc. (Brenrtag) by their administrator, and not their Board of County Commissioners; therefore, the current annual limit of that contract, without Board approval, is our County Administrator's $75,000 authorization limit. Staff would like to continue to use Martin County piggy -back bid price of $552.39 per dry ton by Brenntag until the contract expires on July 2, 2022. Current quotes from other vendors exceed $800 per dry ton. Funding: Funds for caustic soda are available in the Utilities/Water Production/Chemicals account within the Utilities Operating Fund. Utilities operating funds are generated from water and sewer revenues. It is estimated that $70,000 may be needed for caustic soda through July 2, 2022. Description I Account Number Amount Utilities/Water Production/Chemicals 1 47121936-035230 $70,000.00 Recommendation: Staff recommends that the Board of County Commissioners approve the piggyback of the Martin County bid for caustic soda price of $552.39 per dry ton, and authorize the Purchasing Manager to issue a purchase order to Brenntag Mid -South Inc. in the amount of $70,000. 237 Indian River County, Florida Department of Utility Services Board Memorandum Date: March 25, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Rich Meckes, Wastewater Superintendent Subject: CCNA Work Order No. 7 with Tetra Tech for the Industrial Wastewater Pretreatment Local Limits Evaluation Background/Analysis: The Indian River County Department of Utility Services (IRCDUS) West Regional Wastewater Treatment Facility (WWTF) is operating under current Florida Department of Environmental Protection (FDEP) wastewater permit number FL0041637. The WWTF treats wastewater from both domestic and non- domestic sources, which necessitates the implementation of an industrial pretreatment program (IPP). The IPP regulates the wastewater discharged from non-domestic users to reduce and eliminate impacts these discharges may have on the WWTF. As part of the permit and IPP, IRCDUS is required to set local limits designed to reduce pollutants that may enter the sanitary sewer system from a non-domestic user, IRCDUS is requesting approval of a work order with the board -approved Consultants Competitive Negotiations Act (CCNA) engineering firm Tetra Tech to assist with evaluating and updating the local limits. Funding: Funds in the amount of $71,188.00 for the Industrial Wastewater Pretreatment Local Limits Evaluation are budgeted and available in the Utilities/Wastewater Treatment/Other Professional Services, account number 47121836-033190. Operating utilities `und revenues are derived from water and sewer sales. Description Account Number Amount Utilities/Wastewater Treatment/Other 47121836-033190 $71,188.00 Professional Services Recommendation: Staff recommends that the Board of County Commissioners approve Tetra Tech Work Order No. 7, in the amount of $71,188.00, for professional services that include Industrial Wastewater Pretreatment Local Limits Evaluation at the West Regional Wastewater Treatment Facility, and authorize the Chairman to execute said work order. Attachments: 1. Work Order No 7 2. Support letter from Brown and Caldwell to Tetra Tech 238 WORK ORDER NO. 7 West Regional Wastewater Treatment Facility Industrial Wastewater Pretreatment Local Limits Evaluation This Work Order Number No. 7 is entered into as of this 5th day of April, 2022, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Tetra Tech, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Section IV of the Agreement (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Peter 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 239 OTETRATECH March 7, 2022 Via email: rmeckes@ircgov.com Mr. Richard Meckes Indian River County Utilities Department 1801 27th Street Vero Beach, FL 32960-3388 Subject: Work Order #7 Proposal to Indian River County for the West Regional WWTF INDUSTRIAL WASTEWATER PRETREATMENT LOCAL LIMITS EVALUATION Tt # 200BP Indian River County Dear Mr. Meckes: Tetra Tech, Inc. (Tetra Tech) is pleased to provide Indian River County Department of Utility Services (IRCDUS) with this proposal for services to assist in the preparation of the West Regional Wastewater Treatment Facility (WWTF) Industrial Wastewater Pretreatment Local Limits Evaluation. I. BACKGROUND The IRCDUS owns and operates the West Regional WWTF, a 6.0 million gallons per day (MGD) annual average daily flow (AADF) domestic WWTF. The WWTF consists of two influent mechanical bar screens, two grit removal units, two fermentation basins, two 1st anoxic basins, four aeration basins, two 2nd anoxic basins, two reaeration basins, four secondary clarifiers, four tertiary filters, and six chlorine contact chambers. The WWTF has sodium hydroxide and alum chemical feed facilities. Also, the WWTF has a rotary drum thickener and an aerated sludge holding tank for processing biosolids. Effluent from the WWTF is disposed through a 4.0 MGD AADF Surface Water Discharge, D-001, from the created wetland, R-001; a 6.97 MGD AADF slow -rate public access Land Application R-002 which provides reclaimed water for irrigation public access reuse within the IRCDUS's service area; and a 0.1 MGD AADF Land Application R-003 rapid infiltration basin (RIBS). The WWTF is operating under current Florida Department of Environmental Protection (FDEP) wastewater permit number FL0041637. The WWTF treats wastewater from both domestic and nondomestic sources. In an effort to control discharges from nondomestic sources, the County implements an Industrial Pretreatment Program (IPP) that regulates the wastewater discharged from nondomestic users to reduce and eliminate impacts these discharges may have on the WWTF. As part of the permit and IPP, IRCDUS is required to periodically evaluate and update the local limits. In addition, the County is requesting that a general evaluation of their existing IPP. As part of the Local Limits evaluation Tetra tech will prepare two work products (draft and final) as follows for review and approval by the IRCDUS: Tetra Tech, Inc. 20E E. Pine Street, Suite 1000, Oriando, F, 3_30 Tel 407.839.3955 Fax 407.839.3790 www.tetratech.com 240 OTETRATECH • Plan of Study • Technical Evaluation / Report Mr. Richard Meckes. Indian River County Department of Utility Services March 7, 2022 Page 2 The Plan of Study and Technical Evaluation / Report will be submitted in the format as required by the FDEP. For the IPP evaluation Tetra tech will prepare two work products (draft and final) as follows for review and approval by the IRCDUS: • IPP Evaluation Technical Memorandum (TM) II. SCOPE OF WORK IRCDUS has requested that Tetra Tech provide engineering services to prepare local limits analysis per the Continuing Contract Agreement for Engineering Services Dated April 17th, 2018. Tetra Tech's proposal to provide the requested engineering services is presented in this scope of work. Task 1— Proiect Meetings and Proiect Management Tetra Tech will prepare for, conduct and prepare minutes for meetings associated with this project, including the following: a. Kick Off Meeting b. Two (2) Coordination/Progress Meetings Project Management includes, but is not limited to: organizing and coordinating the project team; organizing meetings; and managing the project budget, schedule and preparation of updates. Task 2 — Review Existing Data Tetra Tech will review the IRCDUS's information, including but not limited to: a. Existing Local Limits b. WWTF FDEP Permit c. Minimum of one set of priority pollutant scan results d. Monthly Operating Reports for the past five (5) years e. List of Industrial Users f. Basis of Design for the W WTF Task 3 — Plan of Study Tetra Tech will develop the Plan of Study in accordance with the U.S. EPA's Local Limit Development Guidance (EPA 833R -04-002A) and Chapter 4 of the Florida Guidance Manual for Pretreatment Programs. The Plan of Study will include the: 241 OTETRATECH • Pollutants of Concern (POCs) • Sampling Plan • Local Limits Development Schedule Mr. Richard Meckes. Indian River County Department of Utility Services March 7, 2022 Page 3 A POC is any pollutant that might be discharged to the WWTF in sufficient amounts to pass through or interfere with the unit processes, contaminate the facility's residuals or effluent, be problematic for the collection system, or jeopardize wastewater operator health. The established local limits apply at the point where the wastewater is discharged to the WWTF. The purpose of the Plan of Study is to determine the characteristics of the IRCDUS's wastewater and biosolids. Tetra Tech will prepare a Plan of Study containing a sampling plan to collect samples of the influent, effluent, appropriate background locations, septage, and the biosolids for the WWTF. The Draft Plan of Study will be submitted to the IRCDUS for review and then submitted to the FDEP for review and approval. This scope includes responding up to two (2) rounds of comments from the FDEP regarding the Plan of Study. After FDEP approval, Tetra Tech will review the Plan of Study with IRCDUS staff. Task 4 — Sampling and Analysis Program The IRCDUS will conduct the sampling program for the wastewater, septage, effluent and biosolids. Depending on the influent sampling location, the side streams from the facilities operations may also require sampling. The IRCDUS will perform and pay for all sample collection and laboratory analysis as required for the sampling program. Tetra Tech will coordinate with the IRCDUS staff and review the results when received from the IRCDUS or their selected laboratory. A. Wastewater Sampling For evaluating the local limits, samples will need to be flow proportioned or time composited and will be outlined in the Plan of Study. Grab samples will need to be collected from the influent and effluent at the WWTF. B. Septage Sampling Septage sampling will be conducted to account for the loading in the local limits. Details of the septage sampling will be confirmed during the Kick-off meeting. C. Biosolids Sampling The biosolids sampling technique for demonstrating compliance is specified in the biosolids regulations stipulated in 40 CFR 503 (Biosolids Rule). The IRCDUS will need to collect several aliquots from randomly selected locations within the biosolids mass and 242 TETRA TECH Mr. Richard Meckes. Indian River County Department of Utility Services March 7, 2022 Page 4 the aliquots will be composited to form a single mass for analysis. Biosolids sampling is proposed as follows: • Four grab samples collected within an 8 -hour period and composited. • Sampling period is proposed over 2 consecutive days. Task 5 — Calculate Local Limits Tetra Tech will calculate the Local Limits for the WWTF. At a minimum, local limits will be evaluated for the following pollutants: • Ammonia -N • Arsenic • BOD • Cadmium • Chromium • Copper • Cyanide • Lead • Mercury • Nickel • Selenium • Silver • TP • TSS • Zinc • Fats, Oils & Grease Tetra Tech may also consider additional pollutants as requested by IRCDUS based on local concerns and the results of the priority pollutant scan. Tetra Tech will perform a technical evaluation of the local limits using the Local Limit Information and Development System (LLIDS 2020) program from the FDEP and the current version of the US EPA Guidance Manual on the Development Implementation of Local Limitations under the Pretreatment Program (Local Umits Development Guidance, July 2004). The local limits calculations will be performed based on current flows and the design flow of the WWTF. Tetra Tech will assess current conditions to determine if existing Maximum Allowable Headworks Limits (MAHLs) should be recalculated or reallocated, or if additional local limits should be developed for the program. Tetra Tech will evaluate existing data and will then calculate the MAHLs for currently regulated POCs and determine MAHLs for each new POC. Based on the MAHLs for POCs at the WWTF, Tetra Tech will develop local limits using the uniform allocation 243 TETRA TECH Mr. Richard Meckes. Indian River County Department of Utility Services March 7, 2022 Page 5 method or industrial contribution method and assist the IRCDUS in adopting the revised local limits. If the industrial contribution method is used, additional information on the pollutants discharged by each significant industrial user (SIU) will need to be provided by the IRCDUS. Developing Local Limits will involve the calculation of the maximum allowable headworks loadings based on the following criteria: • NPDES Permit Limits, • Pass-through based on reuse for irrigation/sandy soils, • Treatment inhibition for nitrification and activated biosolids, and • Biosolids quality for land application. These criteria will be applied in accordance with current IPP guidelines and requirements of the FDEP and the USEPA. For the compatible pollutants (BOD, TSS, Total Phosphorous and Ammonia - N), a basis of design criteria will be considered in addition to the pass-through criteria. Average background loadings and a safety factor will be deducted from the calculated headworks loadings prior to being converted into concentration -based limits via the selected allocation method. Task 6 — Recommendation on Feasibility of Local Limits Tetra Tech will compare the calculated local limits for the WWTF to select the lower value as the value calculated for the evaluation. These values will then be compared to the existing local limit and Tetra Tech will present the results to the IRCDUS for selection of the final local limit value. Task 7 — Report The efforts of Tasks 1 through 6 above will be summarized in a Local Limits Technical Evaluation Report. A Draft Report will be prepared and submitted to the IRCDUS for review and comment. Upon receipt of comments, the Final Report will be prepared and submitted electronically to FDEP. Tetra Tech will deliver five (5) paper copies and an electronic copy in PDF format of the Final Report to the IRCDUS. Task 8 — IPP Evaluation Tetra Tech will retain the services of Brown and Caldwell (BC) to conduct an evaluation of the County's existing IPP. This will consist of both offsite/virtual and onsite tasks that will assess compliance with federal, state, and local pretreatment regulations. The offsite support will include the assessment of the following: • NPDES Permit • FDEP-issued Pretreatment Program approval documents (if applicable) • Sewer Use Ordinance/Pretreatment Ordinance • Enforcement Response Plan • Implementation Manual (if applicable) • Industrial User Permits I I/ OTETRATECH • Permit Applications Mr. Richard Meckes. Indian River County Department of Utility Services March 7, 2022 Page 6 The onsite evaluation will consist of three parts: an interview of IPP staff, file review of three significant industrial user (SIU) files, and site visits to three SIUs. This will include two BC staff onsite for up to two days. The file review will include the following: • SIU self-monitoring reports • SIU inspection reports • County compliance sampling • Enforcement actions (if applicable) BC will compile all findings of both the offsite/virtual and onsite evaluations into a draft IPP Evaluation Technical Memorandum (TM). The TM will describe any significant findings and deficiencies. It will also include recommendations for enhancing/improving the program based on industry best practices. III. INFORMATION AND SERVICES TO BE PROVIDED BY IRCDUS • IRCDUS will provide all equipment and materials for collecting all samples and be responsible for analyzing all samples. • IRCDUS will provide historical IRCDUS Local Limits information and reports. • IRCDUS will provide WRFs wastewater flow and quality information from the monthly operating reports. • IRCDUS will provide WRFs priority pollutant scan information. IV. PROJECT SCHEDULE The approximate duration noted for each task is based on our current understanding and best estimates of time required to perform the basic services. 245 OTETRATECH Mr. Richard Meckes. Indian River County Department of Utility Services March 7, 2022 Page 7 Project Milestones/Deliverables Notice to Proceed (NTP) Completion Weeks from NTP Project Kick -Off Meeting 2 weeks Draft Plan of Study (POS) to City 6 weeks POS to FDEP 8 weeks POS FDEP Approval 12 weeks Receive Analysis Results 16 weeks Draft Local Limits to City 24 weeks Local Limits Report to FDEP 28 weeks IPP Evaluation TM 28 weeks V. COMPENSATION The proposed total lump sum compensation for the Scope of Services described in Tasks 1 thru 8 is $71,188. Attachment A presents a detai:ed breakdown of the estimated compensation for the Scope of Services. 1 7Plan Phase Project Management Compensation $ 7,395 2 Review Existing Data $ 859 3 of Study $12,128 4 Sampling and Analysis $4,654 5 Calculate Local Limits $7,958 6 Recommendation on Local Limits $927 7 Report $14,390 8 IPP Evaluation $ 22,877 Total Lump Sum $71,188 Tetra Tech looks forward to working with you on this project. We are available to discuss our approach with you in detail at your convenience. Should you have any questions regarding this proposal, please contact me at (407) 480-3970. Sincerely, Brenda L Keenan, P.E. Project Manager BLK/ab/WRWWTF Local Limit Evaluation.doc C: Jon Fox, P.E., Tetra Tech 246 N N O N N N d 00 Vf 00 Ln .. n w m m in �o pl Ln 00 N m w m w of m vl .ti a N a o o 0 m Ln m m m 0 n N o m a m w o ul v n n n n 00 �..� (� • V ;.d M ^ N N O .-I 0 w O .ti 00 N O 00 m .-1 w N N a N ti C M 01 ^ -It tD O .-1 (A m a 11 m""" m O w p N w N L^ N N N a Y ca U 0) L ,n Ln u i O O a � 0 V) n O NO N 60 f6 a n 0 m n Mo M t0 0h Ln om N w m w 0 M" 0a yl o 0 pp Ln m m m In n0 N - w V m w o 8 0 C N m N m J to N ^ N N N w •7 00 � I O W m N w N N w a N H a m p ^ w tD O rl O1 m N 01 m N O ti w H N V N N O N v V �L a a (uenouod ye�eS) ~ N Jo3ei;slulwPVpgfojd V a 11 N N (SMayjjew SSfla) T Jau81saa QdyD is a N a l0 (seuaiyeljelN) cn Zjaaul2u3 L O N O0 a� A � Lr)c N n (p M M N a N N O0 w QD tD N a p l0 ~ N N J (jall!VV Auey1) ~ ~ N T iaaui8u3 PafoJd w 00 N N V 00 w N 00 w w a N N (ueua@A epuaig) JaBeueW ;DafoJd I I n L a o N w a N co C4 On N w O M N = M I .i � L Y � F- m � I J I Y ° E Y_ Lrr O (B S?. JJ W U m v O /• /• +� C C J O m O � a U LM U H a °� _ NIn :0 o > N V) E o �fq £� cc _ o LU W N oF' O C oo a o a o In V • — {J L Q- O J \ V1 mw c YO ul v1 X W > H d M 00 J C C M K 1 y+ m _ + O 4 a! Q v u— 00 c c O U p o w c 3 Y M m 7 = w a) C E �' o_ w 3 m a li J � H t o E m u c a n m c p y a g -0 m M c z m a v d o g otf }, O ++ a` o o°n OC o 3° c ° of 3 v ca m z C v 3 o c a m y I I v .w 1? w I II1O w O O U *' 01 tyj p fC0 L N M d a O 0 N N y p t0 P N N M" N 00 O p Y U O O K O z m U s U a z o z m a O in v a F- r- t- I- w g F N N O N N N d 2301 Lucien Way, Suite 250 Maitland, Florida 32751 T: 407.661.9500 F: 407. 661.9599 Brown,o . Caldwell December 17, 2021 Letter Agreement Brenda Keenan, PE Environmental Engineer Tetra Tech, US Infrastructure Division 201 E. Pine Street, Suite 1000 Orlando, FL 32801 SID 94207 Subject: Pretreatment Program Support for Indian River County, FL Dear Ms. Keenan: In accordance with your request, Brown and Caldwell (BC) is pleased to present this proposal to Tetra Tech (Tt) to provide technical assistance related to the evaluation of the existing Industrial Pretreatment Program (IPP) for Indian River County, FL (County). For convenience, this proposal is presented in a form that can be accepted and signed as an agreement between BC and Tt (in combination with the signed subconsultant agreement between BC and Tt for Indian River County). The County owns and operates a Wastewater Treatment Plant (WWTP) which treats wastewater from both domestic and nondomestic sources. In an effort to control discharges from nondomestic sources, the County implements an IPP that regulates the wastewater discharged from nondomestic users to reduce and eliminate impacts these discharges may have on the WWTP. The following Scope of Work outlines the tasks which will be completed to support the County in evaluating the IPP. Each of these elements will be discussed in more detail below. Scope of Services The scope for the proposed work includes several major tasks: • Task 1 - Project Management • Task 2 - Industrial Pretreatment Program Evaluation Task 1 - Project Management BC will perform project management services throughout the duration of the project. The project manager will be responsible for providing oversight of the work performed, as well as tracking and monitoring progress, preparing monthly invoices, preparing monthly status reports, and implementing QA/QC procedures. Deliverables • Monthly invoice and progress reports including design status reports 249 Tetra Tech Page 2 of 4 Assumptions • The project management effort is based on a 2 -month overall project schedule • The BC team will submit invoices and monthly progress reports to the Tt project manager • BC will host a virtual project kickoff meeting to discuss schedule, deliverables, and the details of the project Task 2 - Industrial Pretreatment Program Evaluation BC will conduct an evaluation of the County's existing IPP. This will consist of both offsite/virtual and onsite tasks that will assess compliance with federal, state, and local pretreatment regulations. The offsite support will include the assessment of the following: • NPDES Permit • FDEP-issued Pretreatment Program approval documents (if applicable) • Sewer Use Ordinance/Pretreatment Ordinance • Enforcement Response Plan • Implementation Manual (if applicable) • Industrial User Permits • Permit Applications The onsite evaluation will consist of three parts: an interview of IPP staff, file review of three significant industrial user (SIU) files, and site visits to three SlUs. This will include two BC staff onsite for up to two days. The file review will include the following: • SIU self-monitoring reports • SIU inspection reports • County compliance sampling • Enforcement actions (if applicable) BC will compile all findings of both the offsite/virtual and onsite evaluations into a draft IPP Evaluation Technical Memorandum (TM). The TM will describe any significant findings and deficiencies. It will also include recommendations for en hancing/improving the program based on industry best practices, regulatory compliance requirements, and FDEP's program approval (as applicable). Deliverables: • Draft IPP Evaluation TM • Final IPP Evaluation TM • Review meeting minutes Assumptions: • Tt and the County will compile all comments on the draft TM into a single MS Word document in track changes • A review meeting will be facilitated to review the draft TM template and will include meeting minutes Project Team Joshua Balentine is BC's National Pretreatment Technical Lead, providing support to clients across the country and internationally. He will serve as the Technical Lead and Project Manager for this Project. He is a former pretreatment program manager of one of the largest programs in the country where he wrote more than 150 Industrial User Permits. He also worked for the U.S. EPA National Pretreatment Program as a consultant, performing pretreatment compliance audits across the country, and served as a technical editor on the 2017 Industrial User Inspection and Sampling Manual for POTWs. 250 Tetra Tech Page 3 of 4 Jaclyn Lauer, P.E. will serve as the Project Engineer for the Project. She has 8+ years in the wastewater industry where she has supported both large and small IPPs across the nation. Anna Holdosh will serve as the Project Engineer for the Project. She has supporting IPPs with general program support, such as local limits, sewer user and surcharge fees, and pretreatment ordinance reviews. Jim Murin, P.E. will serve as the Client Service Manager and QC Reviewer for the Project. BC's Orlando Office Leader, Jim has 28 years in the wastewater industry, including ten years performing various industrial pretreatment program tasks from pollutant limit development to permit writing and program implementation. Project Schedule BC estimates that all work will be completed within two months of the project start date. Brown and Caldwell is committed to working with you toward a successful project, taking into account the COVID-19 pandemic and public health crisis. Brown and Caldwell has adjusted our project approach based on currently known impacts of COVID-19. Each project has unique characteristics, however, and the situation continues to evolve, so we will continue tc monitor the situation and continue to discuss potential impacts movingforward. As an early adopter of the Microsoft Teams platform to promote effective communications (prior to COVID-19), BC has been able to adapt easily to efficiently managing projects via virtual meetings and collaborations. Compensation Compensation for services shall be on a lump sum basis for Tasks 1 & 2 and will not exceed $20,445. Invoicing will be submitted on a percent -complete basis for Tasks 1 & 2. Schedule and Budget The project will commence at Notice to Proceed and will be completed within approximately two months with an assumed NTP date of January 3, 2022. Task Description Schedule Fee j 2 -month project 1 Project Management duration $2,662 r Complete by end of 2 IPP Evaluation February 2022 $17,783 TOTAL LUMP SUM $20,445 Terms and Conditions This Letter Agreement, and the Subconsultant Terms and Conditions attached, provides the terms, conditions and obligations that shall control all work. Inconsistent printed terms, if any, contained on Tetra Tech's authorization or reverse sides of an accepted purchase order shall not apply to services provided under this Letter Agreement, unless expressly agreed by the parties in writing. In the event work is authorized prior to the issuance of a purchase order, any services performed by BC will be presumed to have been completed under the terms of this Letter Agreement. All work will be performed in accordance 251 Tetra Tech Page 4 of 4 with Tetra Tech Terms and Conditions upon receipt of notice to proceed. To accept this proposal, please sign and date two copies and return one copy to Brown and Caldwell within ten days. We look forward to the opportunity to perform the work for you. If you have any questions on this proposal, please feel free to contact Josh Balentine at (901) 708-4333 or Jim Murin at (407) 661-9511. 252 Tetra Tech Page 5 of 4 Very truly yours, Brown and Caldwell James Murin, PE Orlando Office Leader The undersigned agrees to the Terms and Conditions of this Letter Agreement attached hereto. Brown and Caldwell Tetra Tech Signature Signature Printed Name Printed Name Title Date Attachments: Title Terms and Conditions Date 253 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: John Stoll; Chief Long Range Planning DATE: March 22, 2022 SUBJECT: ADOPTION HEARING: County Initiated Request to Amend the Text of the County's Comprehensive Plan to add a new Chapter 13 Property Rights Element. It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 5, 2022. DESCRIPTION AND CONDITIONS This is a county -initiated request to approve a Comprehensive Plan Text Amendment, creating the Property Rights Element, including Goals, Objectives and Policies. During the 2021, Florida Legislative Session, Ch. 2021-195, Fla. Laws, was passed providing for amendments to Section 163.3177, Florida Statute (F.S.) requiring local governments to include a Property Rights Element in their comprehensive plan; providing a statement of rights which a local government may use; requiring a local government to adopt a Property Rights Element upon its next proposed plan amendment initiated after July 1, 2021. The legislation also limits the ability to adopt any other Comprehensive Plan amendments initiated after July 1, 2021 until the Property Rights Element is adopted. Comprehensive Plan Amendment Review Procedures The procedures for reviewing a comprehensive plan amendment involve several steps. First, the Planning and Zoning Commission (PZC), as the Local Planning Agency, conducts a public hearing to review the request. At the public hearing, the PZC makes a recommendation to the Board of County Commissioners (Board) to approve, approve with modifications, or deny the requested amendment. Following PZC action, the Board conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request. At that hearing, the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration. 254 If the amendment is transmitted, state and regional review agencies review the amendment as it pertains to each agency's area of focus. Review agencies then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues raised in the review agency comments, a second and final Board public hearing is conducted. If the Board approves the request at the final hearing, then the approved amendment is submitted to the State Land Planning Agency and to the other review agencies. The amendment becomes effective 31 days after the State Land Planning Agency determines that the approved amendment submittal is complete, unless a challenge is filed by an affected party. The subject public hearing is the third step in the Comprehensive Plan amendment process. At this time, the BCC must decide whether or not to adopt the proposed amendment. ANALYSIS This proposed amendment will add a new Element to the Comprehensive Plan. House Bill 59 states that a local government may adopt the statement of rights, included below, as set forth in Chapter 163. Local Governments may also adopt their own Property Rights Element, so long as the element does not conflict with the statement of rights list below. The proposed Property Rights Element includes no changes from the language included in Florida Statutes, as stated below: The following rights be considered in local decision making: 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. 4. The right of a property owner to dispose of his or her property through sale or gift. Consistency with Comprehensive Plan Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1) of the county code, the "Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan. For a proposed amendment to be consistent with the plan, the amendment must be consistent with the goals, objectives and policies of the Comprehensive Plan. Policies are statements in the plan, which identify actions the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions, including plan amendment decisions. While all Comprehensive Plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request is Policy 14.3. 255 Future Land Use Element Policy 14.3 In evaluating a Comprehensive Plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a comprehensive plan amendment request. These criteria are: • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed Comprehensive Plan amendment meets Policy 14.3's third criteria. The proposed amendment is warranted based on a substantial change in circumstances. In this case, the State of Florida has required the County to adopt a Property Rights Element in its Comprehensive Plan. Summary of Consistency with the Comprehensive Plan While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the County's Comprehensive Plan. CONCLUSION The proposed amendment is required due to new legislative mandates, effective July 1, 2021. In particular, House Bill 59 — Growth Management requires all local governments to have a Property Rights Element included in their Comprehensive Plan. The legislation modified Chapter 163.3177 of the Florida Statutes to add a Property Rights Element as one of the required elements in all Comprehensive Plans. The legislation also limits the ability to adopt any other Comprehensive Plan amendments initiated after July 1St from being adopted until the Property Rights Element is adopted. The State defines amendments initiated after July 1, 2021 as those amendments which had their first public hearing after that date. Planning and Zoning Commission (PZC) Recommendation: At its meeting of December 9, 2021, the PZC voted 5-0 to recommend that the Board of County Commissioners approve the proposed Comprehensive Plan text amendment for transmittal to state and regional review agencies. Board of Countv Commissioners (BCC) Action: At its January 18, 2022 regular meeting the BCC voted 5-0 to approve the proposed Comprehensive Plan text amendment for transmittal to state and regional review agencies. 256 State and Regional Review Agency comments: The proposed comprehensive plan text amendm ,-nt was transmitted to all required reviewing agencies following the January 18, 2022 BCC meeting. No comments were received from any reviewing agencies. RECOMMENDATION: Based on the above analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed Comprehensive Plan Amendment. ATTACHMENTS: 1. Proposed Chapter 13 Property Rights Element 2. Draft Property Rights Element Ordinance 257 Chapter 13 Property Rights Element GOALS, OBJECTIVES, AND POLICIES PROPERTY RIGHTS ELEMENT GOAL Indian River County shall make decisions with respect for property rights and with respect for people's rights to participate in decisions that affect their lives and property. OBJECTIVE 1: CONSIDERATION OF PROPERTY RIGHTS Indian River County shall respect judicially acknowledged and constitutionally protected private property rights. Policy 1.1: The County shall consider in its decision-making the right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. Policy 1.2: The County shall consider in its decision-making the right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. Policy 1.1 The County shall consider in its decision-making the right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. Policy 1.4: The County shall consider in its decision-making the right of a property owner to dispose of his or her property through sale or gift. 258 ORDINANCE NO. 2022 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COUNTY'S COMPREHENSIVE PLAN BY CREATING A PROPERTY RIGHTS ELEMENT IN ORDER TO MEET UPDATED STATUTORY REQUIREMENTS; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990; and WHEREAS, in order to comply with the action of the State Legislature, Indian River County must adopt a property rights element as an amendment to the Comprehensive Plan, pursuant to the Community Planning Act, Chapter 163, Florida Statutes; and WHEREAS, the Property Right Element of the Indian River County Comprehensive Plan is intended to ensure that private property rights are considered in local decision making to the extent that they are protected through the legal system and the law and order of the government; and WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this comprehensive plan amendment request on December 9, 2021, and WHEREAS, the Local Planning Agency, after receiving public comments, recommended that the Board of County Commissioners transmit the comprehensive plan amendment listed below to State and Regional review agencies; and WHEREAS, the Board of County Commissioners of Indian River County held a transmittal public hearing on January 18, 2022, after due public notice, and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to State and Regional review agencies; and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold an advertised final public hearing at the adoption stage of this plan amendment; and WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review agencies; and WHEREAS, State and Regional review agencies had no objections to this amendment; and WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption Public Hearing on April 5, 2022, after due public notice. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: 259 SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and the Board of County Commissioners directs staff to transmit the amendment to the State and Regional review agencies. SECTION 2. Amendment to the Comprehensive Plan CREATION OF A PROPERTY RIGHTS ELEMENT IN THE COUNTY'S COMPREHENSIVE PLAN. SECTION 3. Repeal of Conflictina Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. This ordinance was advertised in the Press -Journal on the 201 day of March, 2022, for a public hearing to be held on the 5 day of April 2022, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Peter D. O'Bryan, Chairman Joe Earman, Vice Chairman Joseph E. Flescher, Commissioner Susan Adams, Commissioner Laura Moss, Commissioner 260 BOARD OF COUNTY COMMISSIONERS OF IND=AN RIVER COUNTY Peter D. O'Bryan, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phil Matson, AICP; Community Development Director 261 Item 10.A.1. 04/05/2022 Board of County Commissioners April 5, 2022 Comprehensive Plan Text Amendment Property Rights Element Comprehensive Plan Amendment Process Application Submitted to Community Development Department Public Hearing before Planning And Zoning Commission (December 9, 2o21) ittal public hearing before Board of County Commissioners (January 18, 2022) Application transmitted to State and Regional Review Agencies 2 2&1- 1 Item 10.A.1. 04/05/2022 It State and Regional Review Agencies send their Comments to the County and to the State Land Planning Agency 1 Board of County Commissioners holds final public hearing to consider adoption April 5, 2022 1 Adopted amendment transmitted to State and Regional Review Agencies and State Land Planning Agency 3 Purpose of Request. County -initiated request to amend the text of the of the County's Comprehensive Plan to create a new Chapter 13 Property Rights Element, including Goals, Policies and objectives. 7.91 - 2 Item 10.A.1. 04/05/2022 Background. Effective July 1, 2021— FS 163.6177 requires all local governments to have a Property Rights Element included in their Comprehensive Plan. Limits the ability to adopt any other Comprehensive Plan amendments initiated after July 1St until adoption of Property Rights Element. Proposed Chapter 13 Property Rights Element Goals, Objectives, and Policies Property Rights Element Goal Indian River County shall make decisions with respect for property rights and with respect for people's rights to participate in decisions that affect their lives and property. Objective 1: Consideration of Property Rights Indian River County shall respect judicially acknowledged and constitutionally protected private property rights. 2*1 - 3 Item 10.A.1. 04/05/2022 Proposed Chapter 13 Property Rights Element Goals, Objectives, and Policies continued • Policy 1.1— The County shall consider in its decision making the right of a property owner to physically possess and control his or her interests in the property, incuding easements, leases, or mineral rights. • Policy 1.2 - The County shall consider in its decision-making the right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law. • Policy 1.3- The County shall consider in its decision-making the right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. • Policy 1.4 — The County shall consider in its decision-making the right of a property owner to dispose of his or her property through sale or gift. Consistency with the Comprehensive Plan Future Land Use Element Policy 14.3 requires that one of four criteria be met to approve a comp plan amendment. ■ A mistake in the approved plan; ■ An oversight in the approved plan; ■ A substantial change in circumstances, or ■ A swap or reconfiguration of land uses at separate sites Z01- 4 Item 10.A.1. 04/05/2022 Changed Circumstances • The State of Florida has mandated that the County adopt a Property Rights Element into the Comprehensive Plan. Recommendation Staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed Comprehensive Plan Text Amendment. 2� 1 - 5 Item 10.A.1. 04/05/2022 Chapter 163.3177 Florida Statutes The following rights shall be considered in local decision making: 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, ►eases, or mineral rights. 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. 4. The right of a property owner to dispose of his or her property through sale or gift. 2�1- 6 Treasure coast Newspapers -PART OF THE USATODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY PLANNING 1801 27TH ST VERO BEACH, FL 32960 ATTN STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement ; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 3/20/2022 Subscribed and sworn to before on March, 20th, 2022 otary, State of aunty r6wn My commissio a fires: 51,5 Publication Cost: $315.00 Ad No:GC10840278 NANCY HEYRMAN Customer No: 463755 Notary Public PO#: PUBLIC NOTICE [--"-State of Wisconsin 45,22 �0,A-,I BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COt1NTY, FLORIDA NOTICE OF COMPREHENSIVE PLAN TEXT AMENDMENT ADOPTION PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, will consider adoption of an amendment to the text of the comprehensive plan to state and regional review agencies. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday, April 5, 2022, at 9:00 a.m. in the County Commission Chambers of County Administration Building A, located at 1801 27th Street, Vero Beach, Florida. The proposed amendment is included in a proposed ordinance entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COUNTY'S COMPREHENSIVE PLAN BY CREATING A PROPERTY RIGHTS ELEMENT IN ORDER TO MEET UPDATED STATUTORY REQU I REMENTS; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE (I.ea.islwztiv The plan amendment application may be inspected by the public attheCommunity Development Department in County Administration Building A, located at 1801 27" Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays. For more information, contact Long Range Planning Section at (772)226-1243. 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 is based. Anyone who needs a special accommodation Ior this meeting insist contact the county's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Board of County Commissioners By: -s- Peter D. O'Bryan, Chai *man 2tPI' � Final Publication Date 3/20/2022 Ad Number GC10840278 Publication Indian River Press Journal Market Treasure Coast Delivery Method Email Number of Affidavits Needed 1 Customer Name Indian River County Planning Customer Phone Number (772) 226-1254 Customer Address 1801 27 Th Street Vero Beach, FL 32960 Account Number (If Known) 463755 Customer Email kcharest@ircgov.com Your Name Marita Froimson Email Address mfroimson@gannett.com +5 22 roA•I. 10 1 D10 C13 TO: Board of County Commissioners FROM: Susan J. Prado, Assistant County Attorney DATE: March 18, 2022 SUBJECT: Public Notice of Public Hearing for April 12, 2022, for Ordinance Amending Section 312.11 "Performance Security" of the Indian River Code of Ordinances The Board of County Commissioners will hold a Public Hearing on Tuesday, April 12, 2022 at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 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. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. 262 Ili County Administrator's Matters April 5, 2022 el Office Office of the z INDIAN RIVER COUNTY oRlIDA ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: May 30, 2022 SUBJECT: Appeal of a Decision of a County Officer—Deborah Cooney In accordance with Section 100.06 (2), any person aggrieved by a final decision of a county officer may appeal to the Board of County Commissioners. On Feb 24, 2022, the IRC Office of Management and Budget received a Small Business Recovery Grant application from Deborah Cooney (which, incidentally, the County was unaware was being processed). This fell outside the deadlines approved by the Board of County Commissioners. On November 16, 2021, the Board approved a sunset date of December 31, 2021 to process any grant applications received by November 19, 2021, however an allowance was made for completing some details such as SAM.gov registration through January 31, 2022. Staff provided an update to the Board of County Commissioners on February 8, 2022, where four (4) applications already in process received an extension to February 28, 2022. Mrs. Cooney's application was not included in this group of applications. On March 4, 2022, I informed Ms. Cooney via email that her request for the grant was denied due to ineligibility. It was determined that her business losses were not COVID-related. Mrs. Cooney has filed a lawsuit against numerous defendants, including the County, claiming loss of income of $1 million in lost earnings, plus $2 million in future loss of earnings due to factors not related to COVID-19. These losses well exceeded any claimed losses from COVID-19 per Mrs. Cooney's application. Furthermore, the application was not completed by the January 31, 2022 deadline for the program, making it ineligible on its face. On March 6, 2022, Ms. Cooney supplied via email a request to resubmit her application with the "correct information." On March 8, 2022, Ms. Cooney hand -delivered a signed and notarized document to the Indian River County Chamber of Commerce summarizing the information supplied in the March 6, 2022 email. 263 County Administrator's Matters April 5, 2022 On March 9, 2022, via email, I acknowledged the receipt of the additional information but denied her request for reconsideration of the initial denial. On March 17, 2022, Mrs. Cooney stated her intention to appeal the final decision of the County Administrator to the Board of County Commissioners. On March 22, via email, the County Attorney acknowledged her request to appeal and informed her of the scheduled date, being today, April 5, 2022. In Mrs. Cooney's appeal, she also claimed that Commissioner Flescher must recuse himself from the decision "due to a conflict of interest". Staff has asked the County Attorney whether Commissioner Flescher is required to recuse himself and the County Attorney has determined that this claim is not valid and he is allowed to vote on this matter. Staff Recommendation Staff recommends that the Board of County Commissioners find that Mrs. Cooney's application does not qualify for the Small Business Recovery Grant program based upon the information presented and deny the appeal presented by Ms. Cooney. Attachments: 1. Initial Receipt of Application from IRC Chamber of Commerce to Budget, Feb 24th 2. Email to Applicant from County Administrator, denying grant, Mar 4, 2022 3. Email from Applicant supplying additional information, March 6, 2022 4. Notarized Statement from Applicant, Mar 8, 2022 5. Email to Applicant from County Administrator, denying reconsideration, Mar 9, 2022 6. Email from County Attorney, accepting request to filing for appeal, Mar 22, 2022 7. Summons for Civil Action Deborah Cooney vs. Molly C. Dwyer et al 8. Small Business Grant Application 264 From: Dylan Reingold To: Kristin Daniels Cc: Jason Brown; Phil Matson; Kathy Chares Subject: Re: Small Biz Grant applicatior - Deborah Cooney Date: Thursday, February 24, 2022 10:59:46 AM Attachments: imaoe001.ona imaae001.ono Small Biz Grant aRolic - Deborah Coonev,_Ddf If the application was filed after the deadline the simple answer is the application is not eligible. Dylan Sent from my iPhone On Feb 24, 2022, at 10:55 AM, Kristin Daniels <kdaniels@ircgov.com> wrote: Jason, Attached is another small business grant application from the Chamber, and Helene indicates below they have one more to send over. I'm not sure why we are just finding out about these now. Just wanted to get ;your thoughts before we proceed, since these applicants were not included in the number we provided to the Board. Kristin Daniels, CGFO Director - Office of Management & Budget Indian River County 772-226-1214 kdanielsCcD*rcgov.com From: helenec@indianrivered.com <helenec@indianrivered.com> Sent: Thursday, February 24, 2022 10:50 AM To: Phil Matson <pmatson@ircgov.com>; Kristin Daniels <kdaniels@ircgov.com>; Dylan Reingold <dreingold@ircgov.com> Cc: Kathy Charest <kcharest@ircgov.com>; Andi Smith <andis@indianrivered.com> Subject: Small Biz Grant application - Deborah Cooney Importance: High CAUTION: This message is from an external source. Please use caution Wien opening attachments or clicking links. Good Morning I've attached a completed Small Biz Recovery Grant application for Deborah Cooney, listed as an "entertainer". She initially submitted her 265 application on 11/17/21, but it has taken all this time for her to access her activated SAM.gov number. The last several pages of Deborah's application reflect the musical performances in 2019 and 2020 for which she was paid, to give examples of her business activities. Please let me know if you have any questions regarding this application. We have one more to send over, that was originally submitted to us in Oct 2021. The owner is dropping off her remaining docs today or tomorrow, including her SAM.gov info. I will send this along as soon as it is complete. Thanks! Helene Caseltine, CEcD Economic Development Director Indian River County Chamber of Commerce 1216 21 st Street, Vero Beach, FL 32960 Office: 772-567-3491 www.indianrivered.com 266 From: Jason Brown To: "celestecan(a)hotmail.com" Cc: Kristin Daniels; Phil Matson; Dylan Reinaold; Kathy Charest; "heleneaa'lindianrivered.com" Subject: FW: Small Biz Grant application - Deborah Cooney Date: Friday, March 4, 2022 2:48:59 PM Attachments: Small Biz Grant aoolic - Deborah Coongv,pd imaae002.ona FW Cooney Summons.msa Importance: High Ms. Cooney, Please forgive the email response to your small business assistance applications as I do not have access to your phone number. I find that your application for assistance under the small business assistance program is not eligible due to the program requirement for business losses to be COVID related. Please see the attached complaint, filed by the applicant alleging $1 million for loss of earnings and $2 million for estimated future earnings losses due to the actions of the numerous defendants named. Thus it appears that you have alleged these defendants (including Indian River County and several dozen other defendants) have caused losses well in excess of the amount submitted in the applications. Therefore, my determination is that this application is not eligible for funding. If you have any questions about this determinations, please let me know. Jason E. Brown County Administrator Indian River County 180127 th Street Vero Beach, FL 32960 772-226-1408 *brownCED ircgov.com From: Kristin Daniels Sent: Thursday, February 24, 2022 10:56 AM To: Jason Brown <jbrown@ircgov.com> Cc: Phil Matson <pmatson@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; Kathy Charest <kcharest@ ircgov.com> Subject: FW: Small Biz Grant application - Deborah Cooney Importance: High Jason, Attached is another small business grant application from the Chamber, and Helene indicates below they have one more to send over. I'm not sure why we are just finding out about these now. Just wanted to get your thoughts before we proceed, since these applicants were not included in the number we provided to the Board. 267 Kristin Daniels, CGFO Director - Office of Management & Budget Indian River County 772-226-1214 kdanielsCcDircgov.com From: helenecCcDindianrivered.com <helenec(@indianrivered.com> Sent: Thursday, February 24, 2022 10:50 AM To: Phil Matson <pmatson(@ircgov.com>; Kristin Daniels <kdaniels(@ircgov.com>; Dylan Reingold <d r e i ngo I d (@ i rcgov. co m> Cc: Kathy Charest <kcharest(@ircgov.com>; Andi Smith <andis(@indianrivered.com> Subject: Small Biz Grant application - Deborah Cooney Importance: High CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Good Morning I've attached a completed Small Biz Recovery Grant application for Deborah Cooney, listed as an "entertainer". She initially submitted her application on 11/17/21, but it has taken all this time for her to access her activated SAM.gov number. The last several pages of Deborah's application reflect the musical performances in 2019 and 2020 for which she was paid, to give examples of her business activities. Please let me know if you have any questions regarding this application. We have one more to send over, that was originally submitted to us in Oct 2021. The owner is dropping off her remaining docs today or tomorrow, including her SAM.gov info. I will send this along as soon as it is complete. Thanks! Helene Caseltine, CEcD Economic Development Director Indian River County Chamber of Commerce 1216 21St Street, Vero Beach, FL 32960 Office: 772-567-3491 www.indianrivered.com INDIAN RIVER COUNTY CHAMBER OF COMMERCE eeoNoWC 268 From: Celeste Center To: Jason Brown Cc: Kristin Daniels; Phil Matson; Dylan Reingold; Kathy Charest; "helenec*indianrivered.com" Subject: Re: Small Biz Grant application - Deborah Cooney Date: Tuesday, March 8, 2022 5:13:53 PM Attachments: imaae002.ona Affidavit COVID Business Loss.doa CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. I hand -delivered the original signed and notarized document. (See attached.) Please confirm that you have received it and that you are reconsidering my application in light of this new evidence. Thanks. From: Celeste Center <celestecan@hotmail.com> Sent: Sunday, March 6, 2022 2:40 PM To: Jason Brown <jbrown@ircgov.com> Cc: Kristin Daniels <kdaniels@ircgov.com>; Phil Matson <pmatson@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; Kathy Charest <kcharest@ircgov.com>; 'helenec@indianrivered.com' <helenec@indianrivered.com> Subject: Re: Small Biz Grant application - Deborah Cooney Dear Jason, Please resubmit my application with the correct information: that the business losses in question were caused by the COVID-19 pandemic, namely the drop in business income from 2019 to 2020. This was already stated in the application, but apparently, you misunderstood. I am also preparing a sworn Affidavit to document this fact specif Cally and resolve this issue. My pre-COVID income in 2019 was $26,475, as shown on the income statement. My post- COVID income in 2020 was $9,075, as shown on the income statement and the tax return. The $17,400 drop in income was caused entirely by the COVID pandemic. This qualified my business for the grant. The lawsuit is not related to my application, nor was it submitted with my application. Therefore, the lawsuit cannot be cited as a reason to deny the application. Nothing in the lawsuit contradicts or disproves the facts stated in the application. The lawsuit documents damages, including loss of earnings from 2008 -present and future losses, from various crimes committed against me. The most damaging crimes were committed against me in 2008, 2011-12, and 2014-17, although some of the criminal activity is ongoing. The damage losses result from a 2008 recording project that was shelved and do not include my regular performance income listed in the application. The 2008 recording project would have provided continuing royalties and better performance opportunities, as well as product 269 sales (CDs and downloads) totaling a conservatively estimated $1,000,000 for 2008-2021 and $2,000,000 for post -2021. Since the recording was never finished, it was not part of my income in 2019. Nor did the unfinished recording cause my 2020 income to drop by $17,400. The drop in performance income between 2019 and 2020 was solely attributable to COVID. Indian River County cannot lawfully deny my application for a federally -funded program because I have exercised my First Amendment right to file a lawsuit. Likewise, the County cannot deny the application by falsely asserting (without any evidence) that the income loss was not due to COVID, when the application certifies that the income loss was due to COVID. The County must approve the application. Please comply with law. Thank you for your anticipated cooperation and compliance with law. Deborah Cooney From: Jason Brown <jbrown@ircgov.com> Sent: Friday, March 4, 2022 11:48 AM To:'celestecan@hotmail.com' <celestecan@hotmail.com> Cc: Kristin Daniels <kdaniels@ircgov.com>; Phil Matson <pmatson@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; Kathy Charest <kcharest@ircgov.com>; 'helenec@indianrivered.com' <helenec@indianrivered.com> Subject: FW: Small Biz Grant application - Deborah Cooney Ms. Cooney, Please forgive the email response to your small Business assistance applications as I do not have access to your phone number. I find that your application for assistance under the small business assistance program is not eligible due to the program requirement for business losses to be COVID related. Please see the attached complaint, filed by the applicant alleging $1 million for loss of earnings and $2 million for estimated future earnings losses due to the actions of the numerous defendants named. Thus it appears that you have alleged these defendants (including Indian River County and several dozen other defendants) have caused losses well in excess of the amount submitted in the applications. Therefore, my determination is that this application is not eligible for funding. If you have any questions about this determinations, please let me know. Jason E. Brown County Administrator Indian River County 180127 th Street Vero Beach, FL 32960 772-226-1408 ibrown C@ i rcgov.com 270 From: Kristin Daniels Sent: Thursday, February 24, 2022 10:56 AM To: Jason Brown <jbrown@ircgov.com> Cc: Phil Matson <pmatson@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; Kathy Charest < kc h a rest @ i rcgo v. co m> Subject: FW: Small Biz Grant application - Debo-ah Cooney Importance: High Jason, Attached is another small business grant application from the Chamber, and Helene indicates below they have one more to send over. I'm not sure why we are just finding out about these now. Just wanted to get your thoughts before we proceed, since these applicants were not included in the number we provided to the Board. Kristin Daniels, CGFO Director - Office of Management & Budget Indian River County 772-226-1214 kdaniels(@ircgov.com From: helenec(@indianrivered.com <helenecPindianrivered.com> Sent: Thursday, February 24, 2022 10:50 AM To: Phil Matson <pmatson(@ircgov.com>; Kristin Daniels <kdaniels(@ircgov.com>; Dylan Reingold <dreingold(@ircgov.com> Cc: Kathy Charest <kcharest(@ircgov.com>; Andi Smith <andispindianrivered.com> Subject: Small Biz Grant application - Deborah Cooney Importance: High CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Good Morning I've attached a completed Small Biz Recovery Grant application for Deborah Cooney, listed as an "entertainer". She initially submitted her application on 11/17/21, but it has taken all this time for her to access her activated SAM.gov number. The last several pages of Deborah's application reflect the musical performances in 2019 and 2020 for which she was paid, to give examples of her business activities. Please let me know if you have any questions regarding this application. We have one more to send over, that was originally submitted to us in Oct 2021. The owner is dropping off her remaining docs today or tomorrow, including her SAM.gov info. I will send this along as soon as it is complete. 271 Helene Caseltine, CEcD Economic Development Director Indian River County Chamber of Commerce 1216 21St Street, Vero Beach, FL 32960 Office: 772-567-3491 www. i INDIAN RIVER COUNTY CHAMBER OF COMMERCE u, VttC?fM[Na 272 AFFIDAVIT OF DEBORAH COONEY REGARDING LOSS OF BUSINESS INCOME DUE TO THE COVID-19 PANDEMIC 1 declare: I have personal knowledge of the facts recited herein. I am over the age of 18 and competent to testify. 1. The 2019-2020 Income Statement -Celeste and 2020 federal tax return submitted with the application are true and correct. 2. The loss of business income from 2019 to 2020 was entirely caused by the COVID-19 pandemic. I My pre-COVID income in 2019 was $26,475, as shown on the income statement. My post- COVID income in 2020 was $9,075, as shown on the income statement and the tax return submitted with the application. The $17,400 drop in income was caused entirely by the COVID pandemic. I declare under penalty of perjury under the laws of the State of Florida and the United States that the foregoing is true and correct and that this declaration was executed on March 9, 2022, at Indian River,.County I✓:` POx7 3 Wabasso 970 celestecan@hotmail.com hotmail.com STATE OF FLORIDA COUNTY OF INDIAN RIVER Sw rn to, affirmed, and subscribed before me this day of�iZ�, 202Z, by Deborah Co ey �.. GEORGIA H. NELSON z � d `' Notary Public • State of Florida ?�P:` Commission K GG 283128 No ary Pini is -State of F rlda My Comm. Expires Jan 12, 2021 Personally Known OR Produced Identification Type of Identification Produced 1 273 From: Jason Brown To: "Celeste Center" Cc: Kristin Daniels; Phil Matson; Dylan Reina:)ld; Kathy Charest; "helenecOindianrivered.com" Subject: RE: Small Biz Grant application - Deborah Cooney Date: Wednesday, March 9, 2022 3:34:44 PM Attachments: imaoe001.ona Ms. Cooney, Thank you for the additional information submittal. Unfortunately, this does not change the determination for grant eligibility. Thank you. Jason E. Brown County Administrator Indian River County 180127 th Street Vero Beach, FL 32960 772-226-1408 ibrown(@ircgov.com From: Celeste Center <celestecan@hotmail.com> Sent: Tuesday, March 8, 2022 5:13 PM To: Jason Brown <jbrown @ircgov.com> Cc: Kristin Daniels <kdaniels@ircgov.com>; Phil Matson <pmatson@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; Kathy Charest<kcharest@ircgov.com>;'helenec@indianrivered.com' <helenec@indianrivered.com> Subject: Re: Small Biz Grant application - Debor„h Cooney CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. I hand -delivered the original signed and notarized document. (See attached.) Please confirm that you have received it and that you are reconsidering my application in light of this new evidence. Thanks. From: Celeste Center <celestecan(@hotmail.com> Sent: Sunday, March 6, 2022 2:40 PM To: Jason Brown <ibrown(@ircgov.com> Cc: Kristin Daniels <kdaniels(@ircgov.com>; Phil Matson <pmatson(@ircgov.com>; Dylan Reingold <dreingold(@irc,gov.com>; Kathy Charest <kcharest(@ircgov.com>; 'helenec@indianrivered.com' <helenec(@indianrivered.com> Subject: Re: Small Biz Grant application - Deborah Cooney 274 Dear Jason, Please resubmit my application with the correct information: that the business losses in question were caused by the COVID-19 pandemic, namely the drop in business income from 2019 to 2020. This was already stated in the application, but apparently, you misunderstood. I am also preparing a sworn Affidavit to document this fact specifically and resolve this issue. My pre-COVID income in 2019 was $26,475, as shown on the income statement. My post- COVID income in 2020 was $9,075, as shown on the income statement and the tax return. The $17,400 drop in income was caused entirely by the COVID pandemic. This qualified my business for the grant. The lawsuit is not related to my application, nor was it submitted with my application. Therefore, the lawsuit cannot be cited as a reason to deny the application. Nothing in the lawsuit contradicts or disproves the facts stated in the application. The lawsuit documents damages, including loss of earnings from 2008 -present and future losses, from various crimes committed against me. The most damaging crimes were committed against me in 2008, 2011-12, and 2014-17, although some of the criminal activity is ongoing. The damage losses result from a 2008 recording project that was shelved and do not include my regular performance income listed in the application. The 2008 recording project would have provided continuing royalties and better performance opportunities, as well as product sales (CDs and downloads) totaling a conservatively estimated $1,000,000 for 2008-2021 and $2,000,000 for post -2021. Since the recording was never finished, it was not part of my income in 2019. Nor did the unfinished recording cause my 2020 income to drop by $17,400. The drop in performance income between 2019 and 2020 was solely attributable to COVID. Indian River County cannot lawfully deny my application for a federally -funded program because I have exercised my First Amendment right to file a lawsuit. Likewise, the County cannot deny the application by falsely asserting (without any evidence) that the income loss was not due to COVID, when the application certifies that the income loss was due to COVID. The County must approve the application. Please comply with law. Thank you for your anticipated cooperation and compliance with law. Deborah Cooney From: Jason Brown <ibrown(@ircgov.com> Sent: Friday, March 4, 2022 11:48 AM To:'celestecan@hotmail.com' <celestecanPhotrnail.com> Cc: Kristin Daniels <kdanielsR@ircgov.com>; Phil Matson <pmatson(@ircgov.com>; Dylan Reingold 275 <dreingolc1Pirc og v.com>; Kathy Charest <kcharestPircgov.com>; 'helenec@indianrivered.com' <helenec(ED indianrivered.com> Subject: FW: Small Biz Grant application - Deborah Cooney Ms. Cooney, Please forgive the email response to your small business assistance applications as I do not have access to your phone number. I find that your application for assistance under the small business assistance program is not eligible due to the program requirement for business losses to be COVID related. Please see the attached complaint, filed by the applicant alleging $1 million for loss of earnings and $2 million for estimated future earnings losses due to the actions of the numerous defendants named. Thus it appears that you have alleged these defendants (including Indian River County and several dozen other defendants) have caused losses well in excess of the amount submitted in the applications. Therefore, my determination is that this application is not eligible for funding. If you have any questions about this determinations, please let me know. Jason E. Brown County Administrator Indian River County 180127 th Street Vero Beach, FL 32960 772-226-1408 ibrown(@ircgov.com From: Kristin Daniels Sent: Thursday, February 24, 2022 10:56 AM To: Jason Brown <ibrown(@ircgov.com> Cc: Phil Matson <pmatsonl@ircgov.com>; Dylan Reingold <dreingoldC«1ircgov.com>; Kathy Charest <kcha resticD i rcgov.com> Subject: FW: Small Biz Grant application - Deborah Cooney Importance: High Jason, Attached is another small business grant application from the Chamber, and Helene indicates below they have one more to send over. I'm not sure why we are just finding out about these now. Just wanted to get your thoughts before we proceed, since these applicants were not included in the number we provided to the Board. Kristin Daniels, CGFO Director - Office of Management & Budget Indian River County 772-226-1214 276 ITFTi1[a • • �� From: helenec(@indianrivered.com <helenecPindianrivered.com> Sent: Thursday, February 24, 2022 10:50 AM To: Phil Matson <pmatsonPircgov.com>; Kristin Daniels <kdaniels(aircgov.com>; Dylan Reingold <d re i n go I d P i rcgov. co m> Cc: Kathy Charest <kcharest(@ircgov.com>; Andi Smith <andis(@indianrivered.com> Subject: Small Biz Grant application - Deborah Cooney Importance: High CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Good Morning I've attached a completed Small Biz Recovery Grant application for Deborah Cooney, listed as an "entertainer". She initially submitted her application on 11/17/21, but it has taken all this time for her to access her activated SAM.gov number. The last several pages of Deborah's application reflect the musical performances in 2019 and 2020 for which she was paid, to give examples of her business activities. Please let me know if you have any questions regarding this application. We have one more to send over, that was originally submitted to us in Oct 2021. The owner is dropping off her remaining docs today or tomorrow, including her SAM.gov info. I will send this along as soon as it is complete. Thanks! Helene Caseltine, CEcD Economic Development Director Indian River County Chamber of Commerce 1216 21St Street, Vero Beach, FL 32960 Office: 772-567-3491 www.endianrivered.com INDIAN RIVER COUNTY CHAMBER OF COMMERCE ECONOMIC 277 From: Dylan Reinaold To: "Celeste Center"; Jason Brown; helenecgindianrivered.com; Kathy Charest Cc: Kristin Daniels; Phil Matson; Tina Coumover Subject: RE: Small Biz Grant application - Deborah Cooney Date: Tuesday, March 22, 2022 1:02:35 PM Attachments: imaoe002.ona Ms. Cooney, Please accept this email as an acknowledgment of the filing of your appeal of the decision of the County Administrator concerning your application for a small business grant. Per section 100.06 of the Indian River County Code, the Board of County Commissioners has 20 working days to make a decision on your appeal. Thus, we will schedule your appeal for the April 5th Indian River County Board of County Commissioners meeting. Please be aware that Commissioner Flescher, like all of the commissioners, is required to vote on the matter unless the matter would inure to his special private gain or loss; inure to the special private gain or loss of any principal by whom he is retained or to the parent organization or subsidiary of a corporate principal by which he is retained, other than an agency as defined in section 112.312(2), Florida Statutes; or inure to the special private gain or loss of a relative or business associate of the public officer. I am unaware of any such conflic- of interest and thus expect Commissioner Flescher to vote on the matter. Have a wonderful day! Dylan Reingold County Attorney From: Celeste Center <celestecan@hotmail.com> Sent: Thursday, March 17, 2022 7:37 PM To: Jason Brown <j brown @i rcgov.com>; helenec@indianrivered.com; Kathy Charest <kcharest@ ircgov.com> Cc: Dylan Reingold <dreingold@ircgov.com>; Kristin Daniels <kdaniels@ircgov.com>; Phil Matson <pm atson @ i rcgov.com> Subject: Re: Small Biz Grant application - Deborah Cooney CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. I hereby appeal the wrongful denial which was based upon Jason Brown's false belief that my business losses from 2019 to 2020 were not caused by COVID. I have submitted substantial evidence proving that the losses were caused by COVID, including a sworn statement in the application, a separate notarized affidavit, the Governor's Order prohibiting me from operating my music performance business, three (3) email chains from venues cancelling all 2020 shows due to COVID, and one email chain showing a private St. Patrick's Day party which was cancelled verbally. Brown has not produced any evidence to contradict or disprove this. 278 Brown maintains his false belief despite the evidence proving otherwise. The denial was arbitrary and capricious or worse, malicious. It must be corrected on appeal. Joe Flescher must recuse himself due to a conflict of interest. He has committed or participated in committing crimes against me in the past. This creates an impermissible conflict of interest. Any other commissioner with any kind of conflict of interest must also recuse. Do I need to do anything else? Did everyone receive my emails showing the COVID cancellations at various venues and the Governor's Order prohibiting live performance gatherings? If so, why has this evidence not been considered? Please be sure to forward all of the evidence with the appeal. Second request: Please forward the denial letter stating the reason(s) for denial and the reasons for ignoring all of the evidence that l submitted. From: Jason Brown <ibrown(@ircgov.com> Sent: Tuesday, March 15, 2022 12:31 PM To: 'Celeste Center' <celestecanPhotmail.com> Cc: Dylan Reingold <dreingold(@ircgov.com>; Kr'stin Daniels <kdaniels(@ircgov.com>; Phil Matson <pmatson Pircggv.com> Subject: RE: Small Biz Grant application - Deborah Cooney Ms. Cooney, There is not a form. Please submit your appeal to me via this email address along with any additional information that you would like to provide. I will then have this placed on the next available BCC meeting for their consideration of the appeal. April 5th is the next BCC meeting. Jason E. Brown County Administrator Indian River County 180127 th Street Vero Beach, FL 32960 772-226-1408 ibrown ircgov.com From: Celeste Center <celestecan(@hotmail.com> Sent: Friday, March 11, 2022 4:51 PM To: Jason Brown <ibrown(@ircgov.com> Cc: Dylan Reingold <dreingoldl@ircgov.com> 279 Subject: Re: Small Biz Grant application - Debcrah Cooney CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Yes, I would like to appeal to the Board. Is there a form for this? Please forward the document stating the final determination. The decision is in error if, as you say, the denial was based on your false belief that the losses were not due to COVID, when the evidence proves that the losses were due to COVID. I can provide more evidence, as well, such as cancellation notices that clearly state the reason is COVID and the Governor's Order shutting down the venues where I was scheduled to perform. Thanks. From: Jason Brown <i brown(@ ircgov.com> Sent: Friday, March 11, 2022 1:25 PM To:'Celeste Center' <celestecanlo�hotmail.com> Cc: Dylan Reingold <dreingold(@ircgov.com> Subject: RE: Small Biz Grant application - Deborah Cooney Ms. Cooney, As stated previously, my final determination is to deny this application due to the need for business losses to be COVID-related. Furthermore, the program deadline has passed. Please the relevant portion of Section 100.06 of the Indian River County Code below, which pertains to appeals of a decision of a county officer below: Section 100.06. - Appeals generally. Unless specific appeal procedures from rulings of certain employees, boards, or commissions are provided or prohibited elsewhere, there shall be a right to appeal as set forth below by delivering to the person or body responsible for hearing the appeal a written statement with facts and details showing why the decision should be reversed or modified, with a copy to the person or body from which the appeal is being taken, within the time limits as follows: 1. From a decision of a department head. Any person aggrieved by a final decision of a department head may appeal to the county administrator within ten (10) working days of the final decision. The county administrator shall respond within ten (10) working days. 2. From a decision of a county officer. Any person aggrieved by a final decision of a county officer may appeal to the board of county commissioners within ten (10) working days of the final decision. The board shall respond within twenty (20) working days. 3. From a decision of a board or commission. Any person aggrieved by a final decision of a board or commission may appeal to the board of county commissioners within twenty (20) working days of the final decision. The board of county commissioners shall respond within twenty (20) working days. 4. From a decision of the board of county commissioners. There is no right of appeal from a final decision of the board of county commissioners. 5. Failure to comply. Failure on the part of the appellant to comply with the procedures as set forth in paragraphs 1. through 4. above shall constitute a waiver of the right to appeal. 280 Failure on the part of the appellee to comply with these same procedures shall be deemed a denial of the appeal. IF you would like to appeal this decision to the Board of County Commissioners, please submit your appeal to the Board along with a copy to this office within ten (10) working days and the matter will be placed on the next available BCC Agenda for a decision. If you have any questions about this process or would like to discuss further, please let me know. Jason E. Brown County Administrator Indian River County 180127 th Street Vero Beach, FL 32960 772-226-1408 ibrown i rcgov.com From: Celeste Center <celestecanC@hotmail.cor-> Sent: Thursday, March 10, 2022 7:43 PM To: Jason Brown <ibrown(@ircgov.com> Cc: Kristin Daniels <kdanielsC@ircgov.com>; Phil Matson <pmatsonC@ircgov.com>; Dylan Reingold <dreingold(@ircgov.com>; Kathy Charest<kcharestC@ircgov.com>;'helenec@indianrivered.com' <helenecPindianrivered.com> Subject: Re: Small Biz Grant application - Deborah Cooney CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. My application was timely. Please provide the reasons for denial. Please explain how I can appeal. Thanks. From: Jason Brown <ibrown(@ircgov.com> Sent: Thursday, March 10, 2022 6:17 AM To: 'Celeste Center' <celestecanCcDhotmaiLcom> Cc: Kristin Daniels <kdanielsPircgov.com>; Phil Matson <pmatsonC@ircg v..om>; Dylan Reingold <dreingoldCcDircgov.com>; Kathy Charest<kcharest(@ircgov.com>;'helenec@indianrivered.com' <helenec(@indianrivered.com> Subject: RE: Small Biz Grant application - Deborah Cooney Ms. Cooney, My final determination is that your application is not eligible for this program which was closed last ": month. Jason E. Brown County Administrator Indian River County 1801 27th Street Vero Beach, FL 32960 772-226-1408 i brown � i rcgov.com From: Celeste Center <celestecanPhotmail.com> Sent: Wednesday, March 9, 2022 10:10 PM To: Jason Brown <i brown(@ ircgov.com > Cc: Kristin Daniels <kdaniels(@ircgov.com>; Phil Matson <pmatson(@ircgov.com>; Dylan Reingold <dreingold(@ircgov.com>; Kathy Charest <kcharest(@ircgov.com>; 'helenec@indianrivered.com' <helenec(a)indianrivered.com> Subject: Re: Small Biz Grant application - Debo-ah Cooney CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Please explain. Is there another issue? Thanks. From: Jason Brown <ibrown(@ircgov.com> Sent: Wednesday, March 9, 2022 12:34 PM To: 'Celeste Center' <celestecan(@hotmail.com> Cc: Kristin Daniels <kdaniels(@ircgov.com>; Phil Matson <pmatson(@ircggv.com>; Dylan Reingold <dreingold(@ircgov.com>; Kathy Charest <kcharest(@ircgov.com>; 'helenec@indianrivered.com' <helenec(d)indianrivered.com> Subject: RE: Small Biz Grant application - Deborah Cooney Ms. Cooney, Thank you for the additional information submittal. Unfortunately, this does not change the determination for grant eligibility. Thank you. Jason E. Brown County Administrator Indian River County 180127 th Street Vero Beach, FL 32960 772-226-1408 brown(@ircgov.com 282 From: Celeste Center <celestecanftotmail.com> Sent: Tuesday, March 8, 2022 5:13 PM To: Jason Brown <ibrown(@ircgov.com> Cc: Kristin Daniels <kdaniels(@ircgov.corn>; Phil Matson <pmatson(@ircgov.com>; Dylan Reingold <dreingold(@ircgov.com>; Kathy Charest <kcharest(@ircgov.com>; 'helenec@indianrivered.com' <helenecPindianrivered.com> Subject: Re: Small Biz Grant application - Deborah Cooney CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. I hand -delivered the original signed and notarized document. (See attached.) Please confirm that you have received it and that you are reconsidering my application in light of this new evidence. Thanks. From: Celeste Center <celestecarifthotmail.com> Sent: Sunday, March 6, 2022 2:40 PM To: Jason Brown <i brown(@ ircgov.com> Cc: Kristin Daniels <kdaniels(@ircgov.corn>; Phil Matson <pmatson(@ircgov.com>; Dylan Reingold <dreingold(@ircg_ vQ com>; Kathy Charest <kcharestPircgov.com>; 'helenec@indianrivered.com' <helenec(@indianrivered.com> Subject: Re: Small Biz Grant application - Deborah Cooney Dear Jason, Please resubmit my application with the correct information: that the business losses in question were caused by the COVID-19 pandemic, namely the drop in business income from 2019 to 2020. This was already stated in the application, but apparently, you misunderstood. I am also preparing a sworn Affidavit to document this fact specifically and resolve this issue. My pre-COVID income in 2019 was $26,475, as shown on the income statement. My post- COVID income in 2020 was $9,075, as shown on the income statement and the tax return. The $17,400 drop in income was caused entirely by the COVID pandemic. This qualified my business for the grant. The lawsuit is not related to my application, nor was it submitted with my application. Therefore, the lawsuit cannot be cited as a reason to deny the application. Nothing in the lawsuit contradicts or disproves the facts stated in the application. The lawsuit documents damages, including loss of earnings from 2008 -present and future losses, from various crimes committed against me. The most damaging c-imes were committed against me in 2008, OWN, 2011-12, and 2014-17, although some of the criminal activity is ongoing. The damage losses result from a 2008 recording project that was shelved and do not include my regular performance income listed in the application. The 2008 recording project would have provided continuing royalties and better performance opportunities, as well as product sales (CDs and downloads) totaling a conservatively estimated $1,000,000 for 2008-2021 and $2,000,000 for post -2021. Since the recording was never finished, it was not part of my income in 2019. Nor did the unfinished recording cause my 2020 income to drop by $17,400. The drop in performance income between 2019 and 2020 was solely attributable to COVID. Indian River County cannot lawfully deny my application for a federally -funded program because I have exercised my First Amendment right to file a lawsuit. Likewise, the County cannot deny the application by falsely asserting (without any evidence) that the income loss was not due to COVID, when the application certifies that the income loss was due to COVID. The County must approve the application. Pease comply with law. Thank you for your anticipated cooperation and compliance with law. Deborah Cooney From: Jason Brown <ibrown(@ircgov.com> Sent: Friday, March 4, 2022 11:48 AM To:'celestecan@hotmail.com' <celestecan(@hotmail.com> Cc: Kristin Daniels <kdaniels(@ircgov.com>; Phil Matson <pmatson(@ircgov.com>; Dylan Reingold <dreingold(@ircgov.com>; Kathy Charest <kcharest(@ircgov.com>; 'helenec@indianrivered.com' <helenec(@indianrivered.com> Subject: FW: Small Biz Grant application - Deborah Cooney Ms. Cooney, Please forgive the email response to your small business assistance applications as I do not have access to your phone number. I find that your application for assistance under the small business assistance program is not eligible due to the program requirement for business losses to be COVID related. Please see the attached complaint, filed by the applicant alleging $1 million for loss of earnings and $2 million for estimated future earnings losses due to the actions of the numerous defendants named. Thus it appears that you have alleged these defendants (including Indian River County and several dozen other defendants) have caused losses well in excess of the amount submitted in the applications. Therefore, my determination is that this application is not eligible for funding. If you have any questions about this determinations, please let me know. Jason E. Brown County Administrator Indian River County 180127 th Street Vero Beach, FL 32960 772-226-1408 jbrown(@ircgov.com From: Kristin Daniels Sent: Thursday, February 24, 2022 10:56 AM To: Jason Brown <jbrown(@ircgov.com> Cc: Phil Matson <pmatsonl@ircgov.com>; Dylan Reingold <dreingold(@ircgov.com>; Kathy Charest <kcharest(@ i rcg_ov.com> Subject: FW: Small Biz Grant application - Debo-ah Cooney Importance: High Jason, Attached is another small business grant application from the Chamber, and Helene indicates below they have one more to send over. I'm not sure why we are just finding out about these now. Just wanted to get your thoughts before we proceed, since these applicants were not included in the number we provided to the Board. Kristin Daniels, CGFO Director - Office of Management & Budget Indian River County 772-226-1214 kdanielsPircgov.com From:.helenec(@indianrivered.com <helenec@indianrivered.com> Sent: Thursday, February 24, 2022 10:50 AM To: Phil Matson <pmatson(@ircgov.com>; Kristin Daniels <kdanielsPircgov.com>; Dylan Reingold <dreingoldPircgov.com> Cc: Kathy Charest <kcharest(@ircgov.com>; Andi Smith <andisl@indianrivered.com> Subject: Small Biz Grant application - Deborah Cooney Importance: High CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Good Morning I've attached a completed Small Biz Recovery Grant application for Deborah Cooney, listed as an "entertainer". She initially submitted her application on 11/17/21, but it has taken all this time for her to access her activated SAM.gov number. The last several pages of Deborah's application reflect the musical performances in 2019 and 285 2020 for which she was paid, to give examples of her business activities. Please let me know if you have any questions regarding this application. We have one more to send over, that was originally submitted to us in Oct 2021. The owner is dropping off her remaining docs today or tomorrow, including her SAM.gov info. I will send this along as soon as it is complete. Thanks! Helene Caseltine, CEcD Economic Development Director Indian River County Chamber of Commerce 1216 21St Street, Vero Beach, FL 32960 Office: 772-567-3491 www.indianrivered.com INDIAN RIVER COUNTY CHAMBER Of COMMERCE 286 Case 4:21-cv-01721-DMR Document 27 Filed 09/08/21 Page 1 of 3 AO 440( Rev. 0&12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Deborah Cooney plaintifles) V. Molly C Dwyer et al Dc jendant(s) Northern District of California Civil Action No. 4:21-cv-01721-DMR SUMhIONVS ` 11`t A CIVIL ACT1R]R1TE: To: (De/endont's none and address) Please see attached list of defendants. TIME: /0/1)M / My INITALS: Jt_. A lawsuit has been tiled against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) -- you mast serve on the plaintiff an answer to the attached complaint or a motion tinder Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Deborah Cooney P O Box 700013 Wabasso, FL 32970 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. LERK OF COURT Susan Y. Soong Date: 9/812021 s Signature of Clerk or Deputy Clerk 287 Case 4:21-cv-01721-DMR Document 27 Filed 09108/21 Page 2 of 3 LIST' OF DEFENDANTS MOLLY G. DWYER, CLERK OF COURT, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, P'.O. Box 193939, San Francisco, CA 94119-3939 (415) 355-8060 SUSAN Y. SOONG, CLERK OF COURT, OFFICE OF THE CLERK, UNITED STATES "-DISTRICT COURT, 450 Golden Gate Avenue, San Francisco, CA 94102-3489 41.5-522-2000 THE-LYNMOORE AT LAWNWOOD ASSISTED LIVING AND MEMORY CARE, 1550 N Lawnwood Cir, Fort Pierce;: FL 34950 .(801) 383-2461 CITY OF SAN DIEGO; COUNTY OF SAN DIEGO; JOHN KERR, IVAN BAROYA; DOMINICK ADDARIO; THOMAS J. MASSEY; TANI CANTIL-SAKAUYE; JUDITH MCCONNELL; PATRICIA D. BENKE, JUDITH'L. HALLER; JOAN IRION; ALEX C. MCDONALD; JAMES A. MCINTYRE; GILBERT NARES; CYNTHIA AARON; RICHARD D. HUFFMAN; TERRY B. O'ROURKE; YURI HOFMANN, ROBERT C. TRENTACOSTA, BONNY HSU; KEITH.PHILLIPS; GEORGE W. BREWSTER, JR.; WILLIAM P. FLYNN; CHRISTOPHER J. SKORINA; JAN I. GOLDSMITH; JOHN RILEY; THOMAS MONTGOMERY, CHRISTINA VILASECA; MATHEW SOUTHER; NEIL, DYMOTT, FRANK, MCFALL & TREXLER; MARYBEL BATJER, PRESIDENT, CALIFORNIA PUBLIC UTILITIES COMMISSION (CPUC); MICHAEL R. PEEVEY; MICHAEL PICKER; KAMALA D, HARRIS; XAVIER BECERRA; 'ROB BONTA, CALIFORNIA ATTORNEY GENERAL; SAN DIEGO -GAS & ELECTRIC (SDG&E); ITRON, INC.; EDMUND G. BROWN, FORMER CALIFORNIA GOVERNOR; RICK SCOTT, FORMER FLORIDA GOVERNOR; CITY OF WHITE SULPHUR SPRINGS, CITY OF VERO BEACH; INDIAN RIVER COUNTY, FLORIDA POWER & LIGHT (FPL); MONPOWER; AT&T CORP.; LEWIS,'BRISBOIS, BISGAARD & SMITH, LLP; VOCELLE & BERG, LLP; DEAN, RINGERS, MORGAN & LAWTON, P.A.; DIAMOND LITTY; KIERNAN MOYLAN; DOROTHY NAUMANN'; LYDIA PITTAWAY; BRUCE H. COLTON, BRIAN WORKMAN; DAVID DODD-, ELISE BRAWNER; JEFFREY R. SMITH, CLERK OF COURT; MICHAEL RODDY, COURT EXECUTIVE OFFICER, HENRY COKER; RANDY MIZE, BONNIE DUMANIS; SUMMER STEPHAN, SAN DIEGO DISTRICT ATTORNEY; STAN IDEKER; FARMERS INSURANCE; STEWART TITLE.INSURANCE, AMERICAN STRATEGIC INSURANCE (ASI); NEW HAMPSHIRE INSURANCE COMPANY; SEACOAST BANK; WHOLE FOODS.; WALMART, INC.; CUMBERLAND FARMS; KEITH H. RUTMAN; BRYAN W. PEASE; NICHOLAS J'. LEWIS, JOHN SERRANO' STEPHEN I. OSTROW; TENANTS LEGAL CENTER; RICHARD M. BENRUBI; ROONEY & ROONEY, P.A.; EARL K. MALLORY; ANDREW B. METCALF; THOMAS A. KENNEDY; KEVIN M. ROLLIN; WILLIAM TERRY, JUSTIN CLARK; CITY OF SEBASTIAN; TOWN OF INDIAN RIVER SHORES; 90 SOUTH FLORIDA EVALUATION AND TREATMENT CENTER (SF.ETC); MIKE CARROLL, SHEVAUN HARRIS, SECRETARY, DEPARTMENT OF CHILDREN AND FAMILIES (DCF); CORRECT CARE SOLUTIONS, LLC.; CORE CIVIC, INC. FRATERNAL ORDER OF POLICE (FOP), POLICE BENEVOLENT SOCIETY, PEACE �Y Case 4:21-cv-01721-DMR Document 27 Filed 09/08/21 Page 3 of 3 OFFICERS RESEARCH ASSOCIATION OF CALIFORNIA.(PORAC); FLORIDA SHERIFF'S ASSOCIATION; COAST TO COAST LANDSCAPING; CO.LDWELL BANKER; PUBLIX; GLOBAL TEL LINK; BURLE INDUSTRIES,; COURT PROGRAMS OF THE TREASURE COAST (CPTC), CTIA; FRONTIER COMMUNICATION&CORPORATION; A- I BAIL BONDS; JIM JUSTICE; ROBERT CLARK; HOSKINS, TURCO, LLOYD &-LLOYD; BRIAN MCMAHON; TAREK KIEM; CHAD VAN HORN;"LEO DESMOND; CHRISTOPHER JACOBS; FLORIDA RURAL LEGAL SERVICES-, JOHN; POWERS, T. CHARLES SCHAFER, MURPHY & WALKER; JASON HERMAN; FIRST PRESBYTERIAN CHURCH; FIRST BAPTIST CHURCH, PROTECT MY MINISTRY; DARDEN RESTAURANTS, INC.; CARNIVAL CRUISE LINE;, CONSULATE HEAL-TH'CARE OF VERO BEACH; GRACE REHABILITATION CENTER OF VERO BEACH; FIRST CHURCH OF CHRIST SCIENTIST; THE.LYNMOORE', AT LAWNWOOD ASSISTED LIVING AND MEMORY CARE; MARTINELLL. & ASSOCIATES; NATIONAL RADIO ASTRONOMY OBSERVATORY (NRAO), JORGE -CORTINA DEL VALLE; MARINE B.ANK;: CENTERSTATE BANK, FIDELITY INVESTMENTS; FLORIDA INSTITUTE OF TECHNOLOGY (FIT); HARRIS -CORPORATION; DAVID MORGAN;.ROBERTPEGG, CYNTHIA COX; ST. LUCIE COUNTY; MARTIN COUNTY; GEICO. INSURANCE, TRAVELERS INSURANCE 289 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 1 of 42 Deborah Cooney, Plaintiff, In Propria Persona P. 0. Box 700013 Wabasso, FL 32970 858-380-6594 celestecan@hotmail.com UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DEBORAH COONEY, Plaintiff, VS. MOLLY C. DWYER, CLERK OF COURT, 11 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT; SUSAN Y. 12 SOONG, CLERK OF COURT, OFFICE OF ` THE CLERK, UNITED STATES DISTRICT 13 COURT; CITY OF SAN DIEGO; COUNTY OF SAN DIEGO; JOHN KERR; 14 IVAN BAROYA; DOMINICK ADDARIO; THOMAS J. MASSEY; TANI CANTIL- 15 SAKAUYE; JUDITH MCCONNELL; PATRICIA D. BENKE; JUDITH L. 16 HALLER; JOAN IRION; ALEX C. MCDONALD; JAMES A. MCINTYRE; 17 GILBERT NARES; CYNTHIA AARON; RICHARD D. HUFFMAN; TERRY B. 18 O'ROURKE; YURI HOFMANN; ROBERT C. TRENTACOSTA; BONNY HSU; KEITH 19 PHILLIPS; GEORGE W. BREWSTER, JR.; WILLIAM P. FLYNN; CHRISTOPHER J. 20 SKORINA; JAN I. GOLDSMITH; JOHN RILEY; THOMAS MONTGOMERY; 21 CHRISTINA VILASECA; MATHEW SOUTHER; NEIL, DYMOTT, FRANK, 22 MCFALL & TREXLER; MARYBEL BATJER, PRESIDENT, CALIFORNIA 23 PUBLIC UTILITIES COMMISSION (CPUC); MICHAEL R. PEEVEY; 24 MICHAEL PICKER; KAMALA D. HARRIS; XAVIER BECERRA; ROB 25 BONTA, CALIFORNIA ATTORNEY GENERAL; SAN DIEGO GAS & 26 ELECTRIC (SDG&E); ITRON, INC.; EDMUND G. BROWN, FORMER 27 CALIFORNIA GOVERNOR: RICK SCOTT. 7Q AMENDED VERIFIED COMPLAINT AMENDED VERIFIED COMPLAINT JURY TRIAL DEMANDED Action Filed: March 8, 2021 4:21-cv-01721-DMR Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 2 of 42 1 FORMER FLORIDA GOVERNOR; CITY OF WHITE SULPHUR SPRINGS; CITY Or 2 VERO BEACH; INDIAN RIVER COUNTY; FLORIDA POWER & LIGHT (FPL); 3 MONPOWER; AT&T CORP.; LEWIS, BRISBOIS, BISGAARD & SMITH, LLP; VOCELLE & BERG, LLP; DEAN, RINGERS, MORGAN & LAWTON, P.A.; 5 DIAMOND LITTY; KIERNAN MOYLAN; DOROTHY NAUMANN; LYDIA PITTAWAY; BRUCE H. COLTON; BRIAN WORKMAN; DAVID DODD; ELISE BRAWNER; JEFFREY R. SMITH, CLERK OF COURT; MICHAEL RODDY, COURT 8 EXECUTIVE OFFICER; HENRY COKER; RANDY MIZE; BONNIE DUMANIS; SUMMER STEPHAN, SAN DIEGO DISTRICT ATTORNEY; STAN IDEKER; 10 FARMERS INSURANCE; STEWART TITLE INSURANCE; AMERICAN I I STRATEGIC INSURANCE (ASI); NEW HAMPSHIRE INSURANCE COMPANY; 12 SEACOAST BANK; WHOLE FOODS; WALMART, INC.; CUMBERLAND 13 FARMS; KEITH H. RUTMAN; BRYAN W. PEASE; NICHOLAS J. LEWIS; JOHN 14 SERRANO; STEPHEN I.OSTROW; TENANTS LEGAL CENTER; RICHARD 15 M. BENRUBI; ROONEY & ROONEY, P.A.; EARL K. MALLORY; ANDREW B. 16 METCALF; THOMAS A. KENNEDY; KEVIN M. ROLLIN; WILLIAM TERRY; 17 JUSTIN CLARK; CITY OF SEBASTIAN; TOWN OF INDIAN RIVER SHORES; 18 SOUTH FLORIDA EVALUATION AND TREATMENT CENTER (SFETC); MIKE 19 CARROLL, SHEVAUN HARRIS, SECRETARY, DEPARTMENT OF 20 CHILDREN AND FAMILIES (DCF); CORRECT CARE SOLUTIONS, LLC.; 21 CORE CIVIC, INC. FRATERNAL ORDER OF POLICE (FOP); POLICE 22 BENEVOLENT SOCIETY; PEACE OFFICERS RESEARCH ASSOCIATION OF 23 CALIFORNIA (PORAL); FLORIDA SHERIFF'S ASSOCIATION; COAST TO 24 COAST LANDSCAPING; COLDWELL BANKER; PUBLIX; GLOBAL TEL LINK; 25 BURLE INDUSTRIES; COURT PROGRAMS OF THE TREASURE COAST 2 (CPTC); CTIA; FRONTIER COMMUNICATIONS CORPORATION; A- 2 1 BAIL BONDS: JIM JUSTICE, ROBERT AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 291 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 3 of 42 1 CLARK; HOSKINS, TURCO, LLOYD & LLOYD; BRIAN MCMAHON; TAREK 2 KIEM; CHAD VAN HORN; LEO DESMOND; CHRISTOPHER JACOBS; 3 FLORIDA RURAL LEGAL SERVICES; JOHN POWERS; T. CHARLES SCHAFER; 4 MURPHY & WALKER; JASON HERMAN; FIRST PRESBYTERIAN CHURCH; FIRST 5 BAPTIST CHURCH; PROTECT MY MINISTRY; DARDEN RESTAURANTS, 6 INC.; CARNIVAL CRUISE LINE; CONSULATE HEALTH CARE OF VERO 7 BEACH; GRACE REHABILITATION CENTER OF VERO BEACH; FIRST 8 CHURCH OF CHRIST SCIENTIST; THE LYNMOORE AT LAWNWOOD 9 ASSISTED LIVING AND MEMORY CARE; MARTINELLI & ASSOCIATES; 10 NATIONAL RADIO ASTRONOMY OBSERVATORY (NRAO); JORGE 11 CORTINA DEL VALLE; MARINE BANK; CENTERSTATE BANK; FIDELITY 12 INVESTMENTS; FLORIDA INSTITUTE OF TECHNOLOGY (FIT); HARRIS 13 CORPORATION; DAVID MORGAN; ROBERT PEGG; CYNTHIA COX; ST. 14 LUCIE COUNTY; MARTIN COUNTY; GEICO INSURANCE; TRAVELERS 151 INSURANCE 1 1 I Defendants 191 Pursuant to Federal Rules of Civil Procedure (FRCP), Rule 15(a)(1), "Plaintiff', Cooney, in propria persona, hereby amends the "Verified Complaint" filed March 8, 2021. 211 I. INTRODUCTION 1. Pursuant to 42 U.S.C. §§1983, 1985-6 and 18 U.S.C. §1964(c) Plaintiff seeks declaratory 231 injunctive relief as well as compensatory damages for the criminal conduct of all Defendants Many of the Defendants were parties in previous actions (Underlying Cases) in which the committed intrinsic and extrinsic fraud on the courts. The remaining Defendants assisted i committing the fraud on the courts, although they had not been named as parties to the origin, actions. All of the Underlying Cases were brought pursuant to 42 U.S.C. §1983 and other leggy AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 3 2 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 4 of 42 theories. This action .incorporates the violation of federal rights which resulted in fraud on the court, as well as the transgressions enumerated in the Underlying Cases. 2. As to the "Federal Defendants" (Dwyer, Soong, and Doe CIerks 1-60 and Doe Judges 251 280), Plaintiff brings this suit pursuant to Bivens v. Six Unknown Nanted Agents of Federa Bureau of Narcotics, 403 U.S. 388 (1971) and/or the Federal Tort Claims Act of 1946. Th relief is necessary to address the errors of the Federal Defendants in the "Underlying Case Cooney v. San Diego, No. 4: 18-cv-0 1860-JSW in the District Court and No. 19-16180 in th 81 Court of Appeals. A federal tort claim was filed on March 8, 2021. Pursuant to 28 U.S. Code 2675(a), the tort claim will have been denied on September 8, 2021. This Complaint is filed 101 few days early to comply with other legal requirements. The Court can either order 111 Complaint to be amended again after that date or waive the requirement as moot because time has since elapsed. 131 3. All defendants are sued both individually and in their official capacities where this is appropriate. 1 II. JURISDICTION 16 4. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §1331 17 because Plaintiffs claims arise under the laws of the United States. This Court has original 18 jurisdiction over the civil rights claims in this action pursuant to 28 U.S.C. § 1343(a) and over the 19 racketeering claims pursuant to 18 U.S.C. §1964(c). This Court has mandamus jurisdiction to compel an officer or employee of the United States or any agency thereof to perform a 211 owed to the plaintiff, pursuant to 28 U.S.C. §1361. This Court has original jurisdiction "claims against the United States, for money damages... caused by the negligent or wrongful or omission of any employee of the Government while acting within the scope of his office employment..." pursuant to 28 U.S.C. §1346(b)(1). This Court has diversity of citizens: jurisdiction over this action pursuant to 28 U.S.C. section 1332 because the matter in controve: exceeds $75,000 exclusive of interests and costs and because the parties reside in different sto 271 (28 U.S.C. section 1332(a)(1)). This Court has supplemental jurisdiction over this AMENDED VERIFIED COMPLAINT 4 4:21-cv-01721-DMR Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 5 of 42 pursuant to 28 U.S.C. §1367(a). The declaratory and injunctive relief requested is authorized 28 U.S.C. §§2201, 2202, 2283, 2284 and 18 U.S.C. §1964(a) and FRCP Rule 65. III. VENUE 5. Venue is appropriate in this judicial district pursuant to 28 U.S.C. §1391(b)(1) because se, of the Defendants reside in Northern California and pursuant to 28 U.S.C. §§1391(b)(2) 1402(b) because a substantial part of the events and omissions giving rise to the claim occi in Northern California. The Underlying Case was filed in this Court. IV. FRAUD ON THE COURT 6. All of the Defendants worked together to sentiently set in motion an unconscionable 10 calculated to interfere with the judicial system's ability impartially to adjudicate the Underlying 11 Cases by improperly influencing the trier of fact and/or unfairly hampering the presentation of 12 the Plaintiff's claims. Thus, these judgments and orders are void for fraud on the court. Some 13 are also void for other reasons, such as lack of jurisdiction, per incuriam, etc. The Court found 14 that no claims were stated, yet it proceeded to dismiss all claims with prejudice. No court can 15 dismiss a claim that does not exist. This is oxymoronic, futile, meaningless, empty, and void. 16 Even if this Court refuses to declare that the judgments are void, Plaintiff can still assert these 17 claims again here because they have never been adjudicated. The claims have been filed bui 18 never heard nor dismissed nor decided on the merits. 19' 7. This case arises out of the criminal and tortious conduct of rogue clerks, Defendants Dwyer, Soong, and/or Does 1-60 and 301-360, who impersonated federal judges, forged the 211 signatures on orders, and filed the fraudulent and unauthorized orders in an Underlying Case, 1983 action to address fraud on the courts. The "Defendant Clerks" committed federal cri pursuant to 18 U.S. Code §§ 242, 244, 245, and 912, and 25 CFR § 11.432, as well as sin state crimes (Cal. Penal Code 470, 529), and various torts, including fraud. The Defen Clerks did not act within the scope of their duties. Their conduct was neither ministerial discretionary. They knowingly acted in violation of law. There is also evidence of iud 271 misconduct on the part of Doe Judges 251-280 and state judges named herein. AMENDED VERIFIED COMPLAINT 4;21-cv-01721-DMR 5 294 I -. Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 6 of 42 Y. FACTS DEFENDANT MOLLY DWYER 8. On October 21, 2019 and March 18, 2020 Defendant Dwyer and/or Doe Defendants 1-20 or Dwyer's behalf, fraudulently, unlawfully and without authority, issued "Orders" dismissing the appeal (by denying the IFP Application) and denying a motion for en bane rehearing in case No. 19-16180. The Orders bore the names of Judges Barry Silverman, William Fletcher, and Johnnie Rawlinson; however, none of these judges issued the Orders, nor did they see any of the case documents. 9. Plaintiff proved that not a single judge saw any case documents, by inserting a request for a 10 notarized verification of receipt on page 10 of the November 4, 2019, "Petition" for En Ban( 11 Rehearing, to which she received no response. Defendant Dwyer failed to perform he: 12 ministerial duty to circulate the petition to every judge on the Ninth Circuit, pursuant tc 13 Appellate Procedure Rule 35, Circuit Advisory note 2. Plaintiff also proved that Judge Fletche: 14 never saw any case documents by sending a certified letter with restricted delivery on August 9 15 2019, requesting a notarized verification of receipt, to which she received no response 16 Furthermore, if the IFP Application had been properly denied by an impartial panel of judges 17 Plaintiff would have been afforded an opportunity to pay the $505 filing fee, as is just. Instead 18 the appeal was dismissed with no opportunity to pay the fee. 19 10. Neither Defendant Dwyer nor Doe Defendants 1-20 had any authority to dismiss the appeal Neither Defendant Dwyer nor Doe Defendants 1-20 are Article III judges. 211 11. Defendant Dwyer and/or Doe Defendants 1-20 had previously made attempts to unla derail the appeal. On June 12, 2019, they issued an unlawful Clerk's Order commandi Plaintiff to file the IFP Application in the Ninth Circuit, rather than in the District Court, required by Rule 24(a)(1) of Appellate Procedure. Plaintiff properly filed the IFP Application the District Court, which did not consider it, but instead sent it to Defendant Dwyer. DefendE Dwyer and/or Doe Defendants 1-20 issued an unlawful Clerk's Order to show cause reizardi 281 AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 6 295 -{ Case 4:21-cy-01727.-DMR Document 22 Filed 08/27/21 Page 7 of 42 11 the IFP Application, although Plaintiff had already submitted the requested information. Nevertheless, Plaintiff submitted it again. DEFENDANT SUSAN SOONG 12. Plaintiff filed case No. 4:18-cv-01860 on March 22, 2018, in the District Court. The c was assigned to Magistrate Kandis Westmore, who promptly recused herself. Defendant So( and/or Doe Defendants 21-40 reassigned the case to Magistrate Joseph Spero, but failed forward him the case documents. Magistrate Spero never saw them. 13. On June 28, 2018, Defendant Soong and/or Doe Defendants 21-60 unlawfully and with authorization issued two orders with Magistrate Spero's name rubber-stamped on them: 1. 101 "Order" directing to Defendant Soong to reassign the case to an Article III judge, and 2. III unlawful "Report" and Recommendation to dismiss the complaint. The Order reassigning case was redundant, unnecessary, and untimely because Plaintiff had already filed on April 8 2018, a "Declination" of Magistrate pursuant to 28 U.S. Code § 636(c). Defendant Soong 14 required to reassign the case upon receipt of the Declination, but she failed to do so. The Re 15 was unauthorized because no judge had ordered it and Magistrate Spero had no authority to 16 any document in the case after the April 8, 2018, when the Declination was filed. The cont 17 of the unauthorized Report further breached the law. Most importantly, Magistrate Sp 18 himself, did not issue the Order or the Report, nor did he authorize Defendant Soong or the 191 Defendants 21-60 to do so. 14. On June 28, 2018, Defendant Soong and/or Doe Defendants 21-60 reassigned the case 211 Judge Jeffrey White, but again failed to forward the case documents. Judge White never saw case documents, nor did he issue any of the orders in the case, although his name was stamped on the orders. Again, some of the contents of these unauthorized orders further breached the law. 15. The errors in the Orders were so glaring that even a first-year law student would know better It is unlikely that Judge White and Magistrate Spero are that incompetent, and we hope that they 271 haven't been unduly influenced. Nevertheless, if Judge White and/or Magistrate Spero AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 7 296 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 8 of 42 11 that they did sign and authorize the flawed Orders, Plaintiff reserves the right to name them Doe Defendants 251 and 252, respectively, and to amend the pleadings accordingly to s incompetence, undue influence, conflicts of interest, breach of judicial canons, and ( theories. The .fudge in the case at bar would also have a duty to report their misc= pursuant to the Code of Conduct for U.S. Judges, Canon 3B(6). 16. On April 16, 2019, Plaintiff filed a Request for Entry of Default with Defendant Soong, refused to perform this ministerial duty. Pursuant to Rule 55(a) of Civil Procedure, "the must enter the party's default" when a defendant "has failed to plead or otherwise defend, that failure is shown by affidavit". 101 17. Neither Defendant Soong nor any of the Doe Defendants 21-60 had any authority to 11 orders in the case, nor did they have any such authorization from Judge White or Magistratt 12 Spero. Neither Defendant Soong nor Doe Defendants 21-60 are Article III judges. 13 FEDERAL DEFENDANTS 14 18. The unlawful actions of the Federal Defendants were prejudicial because they ended the lega 15 action, foreclosing the requested relief. The Federal Defendants caused measurable harm to the 16 Plaintiff by depriving her of over $100,000,000 in compensatory damages plus costs of $88,00( 17 and damages from the Underlying Cases, as well as declaratory and injunctive relief to stop the 18 ongoing abuses described in the Underlying Case. Plaintiff was legally entitled to this relief. 19 STATE DEFENDANTS 19. The State Defendants are the Defendants in the Underlying Case, referred to in the V 211 Complaint as Doe Defendants 61-250, and named herein. The State Defendants include all the Federal Defendants in their individual capacity. For the purposes 42 U.S.C. §1983, 1985 all of the Defendants are fairly said to be state actors because of their close nexus, symbio relationship, and joint action with city, county, and state employees. The State Defendants worked in concert to unduly influence the triers of fact, to unfairly hamper Plaintiffs ability present her claims, and to mislead the Court as stated below. 27 VI. HISTORY OF THE UNDERLYING CASE 28 AMENDED VERIFIED COMPLAINT 4:21--cv--01721-DMR 8 297 -] Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 9 of 42 A. Fraud on the Court 20. The Plaintiff filed four federal 42 U.S.C. §1983 actions and followed all procedu guidelines set forth by law in all four of the Underlying Cases styled Cooney v. San Diego, et 3:2013cv00677 and 3:2013cv01373; Cooney v. CPUC et al, 4:2012cv06466; Cooney v. Wh Sulphur Springs et al, 5:2013cvI0377; and Cooney v. Vero Beach et al, 2:2015cvl4284. Nc of these cases were adjudicated, heard, or decided on the merits. Plaintiff was legally entitled the relief that she sought in all four of the Underlying Cases and all of the other cases that s has filed in various courts of law. Plaintiff has never and would never file an action in which s was not entitled to relief. Plaintiff is an ethical person. 10 21. In Cooney v. San Diego, Plaintiff had a right to a jury trial to decide the facts of an 11 underlying case in state court. Justices of the California Court of Appeals made up their own set 12 of facts, which differed from the facts submitted by the parties. Judges are prohibited from 13 acting as lawyers by arguing and asserting facts. Furthermore, appellate courts have no 14 jurisdiction to decide facts. Thus, the state court judgment is void on its face for lack of 15 jurisdiction. Plaintiff sought a declaration to this effect in federal court. The federal claim also 16 cited fraud on the state court and chilling of First Amendment rights. Defendant Soong and/or 17 Doe Defendants 21-60 fraudulently, unlawfully, and without authorization issued "Orders" with 18 Judge Edward Chen's name rubber-stamped on them However, Judge Chen never saw the case 19 documents nor did he issue the Orders, which erroneously transferred the case to S. California, where Doe Clerks 281-300 fraudulently, unlawfully, and without authorization issued "Orders" 211 with Judge John Houston's name rubber-stamped on them. However, Judge Houston never saw the case documents nor did he issue the Orders mindlessly dismissing the Defendant California Judges, despite their criminal conduct. The case was reassigned to Judge Cynthia Bashant, who was newly confirmed to the federal bench after serving as a state judge alongside some of the 251 Defendants. She had an obvious conflict of interest. Plaintiff later learned that all San Diego 261 judges contribute to eachother's campaigns, creating a cabal of judicial misconduct, breaching judicial canons, and insuring a miscarriage of justice. The Defendants, their attorneys, and 281 AMENDED VERIFIED COMPLAINT 9:21-cv-01721-DMR 9 2 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 10 of 42 unions induced Judge Bashant to improperly dismiss the claim, through ex parte communications, threats of scandal and impeachment, contributions to her state judge campaign 31 and/or other financial incentives. The case was headed for Ninth Circuit, where it stood an excellent chance of achieving justice with Alex Kozinski serving as Chief Judge. He was not a proponent of the type of police and prosecutorial misconduct stated in the complaint. The Defendants doubled down to ensure that the case could not proceed, tampering with Plaintiffs mail, housing, liberty, personal relationships, access to telephone and computer such that she wa; unable to present the case. Judge Kozinski was forced to resign as the police unions and mafias made good on their threats. Thus, the Defendants perpetrated both intrinsic and extrinsic fraud 101 on the court. Ill 22. In Cooney v. CPUC, Plaintiff asserted a constitutional right to be free from harmful emissions in her own home. Defendant Soong and/or Doe Defendants 21-60 fraudulently; unlawfully, and without authorization issued "Orders" with Judge Claudia Wilken's 14 rubber-stamped on them. However, Judge Wilkens never saw the case documents nor did sh 15 issue the Orders, which ridiculously decided that the Court had no jurisdiction over constitutions 16 claims, then proceeded to exercise jurisdiction by dismissing with prejudice. Thus, the judgmer 17 is void on its face for lack of jurisdiction and for fraud on the court. Defendant Dwyer and/o 18 Doe Defendants 1-20 on Dwyer's behalf, fraudulently, unlawfully and without authority, issue 19 "Orders" dismissing the appeal (by denying the IFP Application). The Orders bore the names o Judges Barry Silverman and Richard Clifton; however, neither judge issued the Orders, nor 211 any Ninth Circuit judge see any of the case documents. The case proceeded to Supreme on a writ of certiorari. Clerk Scott S. Harris and/or Does 301-320 were induced to unlawfull, reject the filings. Defendants interfered with Plaintiffs mail and prevented her from refiling Thus, Defendants perpetrated both intrinsic and extrinsic fraud on the court. 23. In Cooney v. White Sulphur Springs, Plaintiff was falsely arrested, without probable cause for making a U-turn, after she had signed a notice to appear and made the required appearance 271 The WV state court correctly found that the ti -tum was perfectly legal. The bogus citation AMENDED VERIFIED COMPLAINT 4;21-cv-01721-DMR 10 29 Case 4:21-cv-01721-DMR Document -22 Filed 08/27/21 Page 11 of 42 dismissed. Plaintiff filed a 42 U.S.C. §1983 claim because she had been arrested probable cause. The false arrest caused Plaintiff to lose her work contract with The Greenbrier 31 the largest employer in White Sulphur Springs, W. Doe Clerks 321-340 unlawfully, and without authorization issued "Orders" with Judge Irene Berger's name rubber stamped on them. However, Judge Berger never saw the case documents nor did she issue the Orders, which unlawfully waited several years before ruling on the Plaintiff's IFP Application Doe Clerks 321-340, who have ties to Defendant Jim Justice, owner of the Greenbrier improperly dismissed the claim based upon a fraudulent magistrate's "Report" which wa: unlawfully issued, not by a magistrate, but by Does Clerks 321-340. The Report was neve: 10 ordered by any Article III judge and it grossly misstated the facts. The Defendants orchestrated 11 false arrest and malicious prosecution which prevented Plaintiff from responding. Thus, ti 12 Defendants committed extrinsic fraud on the court. 13 24. In Cooney v. Vero Beach, Plaintiff was falsely arrested, without probable cause, whi' 14 exercising her constitutional right to visit the public library. The U.S. Supreme Court hE 15 declared that "presence in the library was unquestionably lawful. It was a public facility, open t -16 the public." Brown v. Louisiana, 383 U.S. 131, 139 (1966). This false arrest, itself, w, 17 extrinsic fraud on the court. It was the Defendants' aborted first attempt to prevent Plaintiff froi 18 presenting her 42 U.S.C. §1983 claims in the other three cases. The Defendants schemed to kee 19 Plaintiff falsely imprisoned and committed to a mental institution, although they were well awai that the Plaintiff had never committed a crime, nor had she ever been mentally disordered. 211 effort failed because Plaintiff returned to her San Diego home after filing a motion to dismiss a waiver of appearance. Plaintiff fled a 42 U.S.C. §1983 action to address the false arrest 231 malicious prosecution. Doe Clerks 341-360 fraudulently, unlawfully, and without issued "Orders" with Judge Robin Rosenberg's name rubber-stamped on them. However, Rosenberg never saw the case documents nor did she issue the Orders, which improl dismissed the Defendants. Judge Rosenberg, and Doe Clerks 341-360 have ties to 271 Defendants and their police unions through her husband, Michael McAuliffe, the former 281 AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 11 300 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 12 of 42 Beach State Attorney. The Defendants fled specious motions to dismiss and prevented the Plaintiff from responding by orchestrating another false arrest, this time for a felony. Thus, the Defendants committed both intrinsic and extrinsic fraud on the court. B. Curtailment of Free Speech 25. Plaintiff exercised her First Amendmentt right to petition for redress of grievances. She fled various legal actions in state and federal courts. She filed administrative complaints. She contacted supervisors and public attorneys to informally address the misconduct of their underlings and clients. She went through proper channels and procedures to resolve the issues. Defendants responded by retaliating against her. All of the Defendants conspired to deprive 10 Plaintiff of liberty, work, health, housing, mail delivery, legal representation, police protection, 11 justice, transportation, communication, access to telephone and computer, libraries, food, 12 gasoline, water, electricity, and other goods and services. Defendants retaliated by subjecting 13 Plaintiff to illegal stop and frisk, false arrest, false imprisonment, malicious prosecution, battery, 14 radiation injury, and forcible drugging. Defendants committed crimes against Plaintiff such as 15 trespass, theft, burglary, vandalism, extortion, racketeering, and mail fraud. Defendants defamed 16 and slandered, lying about her health, words, and actions. Defendants "gaslighted" Plaintiffs 17 friends, family, and associates, i.e., falsely claimed she was mentally ill. Defendants abused 18 legal process to destroy Plaintiff's professional and personal reputation. Defendants engaged in 19 a prolonged, organized, and systematic abridgment of Plaintiff's First Amendment rights, as well as other federal rights, including those enumerated in the Fourth, Fifth, Sixth, Seventh, 211 and Fourteenth Amendments, the right to privacy, and freedom of association. C. Applicable Statutes 231 26. Plaintiff brings this suit pursuant to 42 U.S.C. § 1983 (Civil action for deprivation of c rights), §1985 (Conspiracy to interfere with civil rights), §1986 (Action for neglect to and 18 U.S.C. § 1964 (RICO Act civil remedies). The Defendants conduct was not only it was criminal conduct proscribed by 18 U.S.C. §201 (bribery), §§241-2 (deprivation of AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 12 301 i- Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 13 of 42 rights), §1341 (mail fraud), §1343 (wire fraud), §1346 (honest services fraud), §1347 (heal care fraud), § 1349 (attempt and conspiracy), §§1961-2 (RICO Act), 27. This case raises significant issues of federal law including 18 U.S.C. § 3182 (extraditiol Equal Credit Opportunity Act of 1974, the Equal Employment Opportunity Act of 1972, the R Credit Reporting Act of 1971 (FCRA), the U.S. Constitution, Amendments I, IV, V, VI, V VIII, IX, X and IVX, Right to free exercise of religion and freedom of speech, Right to petitil the government for redress of grievances, Right of the people to be secure in persons and house Right to life, liberty, and property, Right to due process of law, Right to counsel, Right to speedy trial, Right to a civil jury trial, Right to be free from excessive restraint or punishmei 10 Rights retained by the people, Right to privacy, States shall not deprive citizens of privileges 11 life, liberty or property, due process of law, and/or equal protection of the laws. 12 28. The following sections of the California Government Code establish liability to the Plaintiff: 13 815.2(a) A public entity is vicariously liable for the negligence of an employee. 14 815.6 A public entity is liable for its failure to discharge a mandatory duty to protect. 15 820(a) A public employee is liable for injury caused by his act or omission. 16 820.8 Nothing exonerates a public employee from liability for ..injury caused by his owr 17 negligence. 18 11120 The people retain sovereignty over the State agencies which serve them. 19 The following sections of the California Civil Code further establish the Defendants' liability: 43 Right of protection from bodily restraint or harm. 211 1708 All persons must abstain from injuring the person or property of another or infringing up the rights of another. 1709 One who willfully deceives another is liable for damages. 1710 Deceit is defined as an untrue assertion, suppression of a fact so as to mislead, or a promise. 1714(a) Liability for injury arises from want of ordinary care or skill. 271 3523 For every wrong there is a remedy. 281 AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 13 Case 4:21-cv-01721-DMR Document 22 Filed 08127/21 Page 14 of 42 29. The insurance company Defendants are also liable pursuant to California Insurance §790.03(h) and/or Florida statute 626.954(i), unfair claim settlement practices. The foll Florida statutes apply: §768.28, Waiver of sovereign immunity in tort actions, Florida Cr Procedure. 5 30. The following sections of the West Virginia Code establish liability to the Plaintiff: §29• 6 12A -4(c)(2)(4) and (5); §29-I2A-5(b) and (c); §29-12A-8. 7 D. Statute of Limitations 8 31. This case is a collateral attack on various judgments and orders in the Underlying Cases, Ar 9 action for fraud on the court can be brought at any time. Hazel Atlas Glass Co. v. Hartforc 10 Empire Co., 322 U.S. 238, 244, 64 S. Ct. 997, 1001, 1003, 88 L.Ed. 1250 (1944). The abuse i; 11 ongoing. Plaintiff was falsely arrested on October 24, 2015, and wrongfully held in custody anti: 12 April 25, 2017. Time for filing is tolled during those 18 months. (Osbourne v. United States. 13 164 F.2d 767, 769 (2d Cir. 1947)). Under the California Code of Civil Procedure §352.1(a), is 14 the plaintiff is imprisoned, the statute of limitations will be tolled either until the plaintiff is 15 released, or for a period of two years -- depending on which comes sooner. 16 E. Compliance with Federal Rules of Civil Procedure (FRCP) 17 32. Plaintiff has complied with FRCP Rule 20(a)(2)(A) and (B). (A) Plaintiff asserts her right to 18 relief against all Defendants jointly, severally, and with respect to the same transaction, 19 occurrence, or series of transactions and occurrences. (B) Questions of law or fact common tc 20 all Defendants will arise in this action. All of the Defendants participated in an elaborate scheme 21 to chill Plaintiff s free speech and deprive Plaintiff of other federal rights. All of the Defendants 22 played a role in perpetrating fraud on the court. 23 VII. UNDERLYING FACTS A. Aiding, Abetting, and Conspiracy 251 33. All of the Defendants participated in all of the wrongdoing and crimes stated herein. 261 Defendant's role is more specifically stated below for clarity. However, every Defendant responsible for every wrong stated herein because all of the Defendants worked together 281 AMENDED VERIFIED COMPLAINT 4:21-cv-01721-AMR 14 303 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 15 of 42 defraud the courts, to injure and harm the Plaintiff, and to abridge her rights. On March 19, 201 Plaintiff wrote a letter to the FBI stating the facts regarding the transgressions. This letter w included in the Underlying Complaint fled with this Court on March 22, 2018. Plainti incorporates by reference the FBI letter and all documents filed in this case and in tl Underlying Cases. B. San Diego Defendants 34. Defendants City of San Diego, County of San Diego, John Kerr, Ivan Baroya, Dominic AddArio, Thomas Massey, Tani Cantil-Sakauye, Judith McConnell, Patricia Benke, Judi Haller, Joan Irion, Alex McDonald, James McIntyre, Gilbert Nares, Cynthia Aaron, Richa 101 Huffinan, Terry O'Rourke, Yuri Hofmann, Robert Trentacosta, Bonny Hsu, Keith Phillips, III George Brewster, had been named as Defendants in the Underlying Case, Cooney v. San Diego Defendants Whole Foods, William Flynn and Christopher Skorina had not yet been named Doe Defendants. Jan Goldsmith, John Riley, Thomas Montgomery, Christina Vilaseca, Souther, and Neil, Dymott, Frank, McFall, & Trexler, were attorneys representing 151 Defendants. All of these Defendants will be referred to collectively herein as the "San D 161 Defendants". 171 35. At all relevant times, the San Diego Defendants committed intrinsic fraud on the federal 181 state courts by lying about matters of fact and law in their pleadings and motions. They 191 the courts on various issues including, but not limited to, whether the Plaintiff was mentally whether they had proceeded in accordance with law, whether due process had been o 211 and other matters. They misstated the complaint as well as the law. Defendants Baroya, Kerr, and Massey maintained that the Plaintiff was mentally disordered, when they knew this was untrue. The Attorney Defendants breached professional ethics by misleading the cc The Defendant California Judges had knowledge of these transgressions, yet neglected their to report them. On or about October 2016, Defendant Haller denied Plaintiff habeas ci without jurisdiction to do so. Plaintiff never filed a habeas corpus petition with the Calif Court of Appeals. Moreover, Haller harbors a bias against the Plaintiff due to the Under AMENDED VERIFIED COMPLAINT 9:21-cv-61721-DMR 15 3 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 16 of 42 Case. Haller neglected her duty to recuse herself in light of the conflict of interest. All of the S Diego Defendants proceeded with a devil may care attitude, flagrantly flouting the law, knowi that they had all of the judges in their pocket. 36. At all relevant times, the San Diego Defendants committed extrinsic fraud on the court unduly influencing the triers of fact, falsely arresting and maliciously prosecuting Plaintiff July 26, 2016, subjecting her to numerous illegal stop and frisk detentions between Ju: December 2015 and June -July 2016, tampering with her mail in 2015-7, impeding her access courts, public buildings, public libraries, and computers, denying her police protection and lei representation, unlawfully taking her San Diego home and all of her possessions. Th 10 contributed to the campaigns of all California judges, including Judge Cynthia Bashant, Ju( 11 Joel Pressman, City Attorney Jan Goldsmith, District Attorney Bonnie Dumanis, and others 12 order to throw the cases their way. They, their employees, and/or their affiliates recei% 13 campaign contributions which created a conflict of interest. They participated with the local di 14 mafia in killing, drugging, and injuring Plaintiff's common law husband, John Tallent, who d 15 on July 3, 2015. They defamed and slandered the Plaintiff, writing false official repo: 16 gaslighting her family, friends, and associates. On or about July - October 2016, they convinc 17 her parents to write false statements. On or about November 2015, they prevented Plaintiff fn 18 working under her employment contract with California Music Studios. 19 37. All of the San Diego Defendants participated in this scheme and/or benefitted by it. 20 August 25, 2015, and September 17, 2015, the San Diego Public Library sent letters to i 21 Plaintiff threatening to falsely arrest her for trespass if she ever visited the library again, a accusing her of viewing pornography and harassing patrons. Plaintiff has never viev pornography in any public library, nor has she ever harassed anyone. Plaintiff has quietly silently asked other patrons or staff to observe the rules and laws prohibiting smoking and c phones. In doing so, Plaintiff was exercising her First Amendment right. On or about Aug 2017, a postal worker witnessed the library staff harassing the Plaintiff. The postal worker v 281 AMENDED VERIFIED COMPLAINT 4.21-cv-01721-DMR 16 305 Case 4:21-cv-01721-DMR Document 22 Filed 0$127121 Page 17 of 42 aghast at the misconduct and offering to be a witness, provided contact information. T information was stolen. 38. Defendant Michael Roddy, Court Executive Officer of the San Diego court, neglected refused to perform his ministerial duty to issue a clerk's judgment in favor of the Plaintiff in unlawful detainer action against the trespassers in her home. The trespassers had defaulted, Plaintiff was entitled to a default judgment. Roddy worked in tandem with the other Defendal to deny Plaintiff due process and equal protection, as well as her right to property. 39. Defendants Henry Coker and Randy Mize were San Diego public Defenders who neglect or refused to defend Plaintiff in the extradition case. They violated her Sixth Amendment right 10 counsel. Defendants Bonnie Dumanis and Summer Stephan were District Attorneys whc 11 maliciously prosecuted the extradition which was not authorized by law. Defendants Roddy 12 Coker, Mize, Dumanis, and Stephan can all be included in the San Diego Defendants. 13 C. Police Union Defendants 14 40. Defendants Fraternal Order of Police (FOP), the Police Benevolent Society, the Peacf 15 Officers Research Association of California (PORAL), the Florida Sheriffs Association, an( 16 Does 361-380, herein collectively referred to as the "Police Union Defendants", participated iY 17 the crimes against the Plaintiff. In 2009, Defendant Kerr testified under oath that the unions werE 18 involved in the case. In 2010, Defendant John Serrano advised Plaintiff that the unions werE 19 determining the outcome of her case. 20 41. The Police Union Defendants served as a nexus between all of the Defendants and lave 21 enforcement in various locales, including California, Florida, and West Virginia. The Polic( 22 Union Defendants helped to coordinate efforts among peace officers, judges, attorneys, elegy 23 officials, corporate members, and the underworld of drug cartels and mafias. They funnel mo 24 to various judicial and other campaigns to create undue influence and ensure that the courts 25 find in favor of the offending officers, no matter how egregious their conduct. The Police Ur 26 Defendants maintain a blacklist of dissidents, including the Plaintiff, who become their tar; 27 for police harassment. The blacklist is informally transferred to and acted upon by the var: 2R AMENDED VERIFIED COMPLAINT 4:21-cv--01721-DMR 17 306 Case 4:21.-cv-01721-DMR Document 22 Filed 08/27/21 Page 18 of 42 police agencies. The Police Union Defendants ensure that those who contribute get the b police protection and those who criticize are denied police protection. Everyone else is afforc minimal police protection. They inflict special punishment on those who criticize often, such the Plaintiff, by sending in the mafa to rough them up. This is a protection racket prohibited the RICO Act. Plaintiff is a victim of this protection racket and has standing to sue. 42. The Defendant Police Unions act not only as labor unions, but also as trade unions, lobbyi for corporate interests and special interests. When individuals, attorneys, drug cartels, corporations, such as Defendants Coast to Coast, AT&T, Coldwell Banker, Walm, Cumberland Farms, Publix, Whole Foods, or Defendant Insurance Companies, want to disot 101 the law, they can do so with impunity by joining or donating to a police union. Membership 111 not restricted to law enforcement officers. Anyone with money can join. 43. Law enforcement officers do the bidding of the Police Unions, rather than acting in 131 public interest. If an individual officer refuses to kowtow to the will of the Police Unions, he she is summarily fired and blacklisted. This is how our law enforcement has been hijacked. 15 D. Prison Contractor Defendants 16 44. There are special privileges available for police and prison contractors who join the pol 17 unions. Defendants Global Tel Link, Burle Industries, A-1 Bail Bonds, Martinelli, varic 18 defense attorneys, SFETC, Core Civic, Correct Care, and Court Programs of the Treasure Co 19 (CPTC), hereafter referred to as Defendant Prison Contractors, pay dues to the police unions exchange for lucrative contracts predicated on false arrest, malicious prosecution, and excessiv 211 restraint. Defendant Prison Contractors caused physical injury to the Plaintiff, as well abridgment of her constitutional rights. 45. On or about 2010, Martinelli defrauded the Court and the Plaintiff by failing to disclose they exclusively represented the interests of police and police unions rather than the pu interest. They declined to provide services to the Plaintiff alleging that she was a criminal. 46. On or about October 26, 2015, A-1 misinformed the IRC state court that Plaintiff 271 executed a contract for a bail bond, when in fact, no such contract had been executed. AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 1s 30 Case 4:21-cv-01.721-DMR Document 22 Filed 08/27/21 Page 19 of 42 1 posted cash bail. A-1 assisted in falsifying the clerk's notes and unlawfully held Plaintiffs 2 for several days. 3 47. On or about October -December 2016 and February -March 2017, in the Indian River Coi 4 (IRC) jail, Global Tel Link's defective telephone equipment proximately caused headac 5 toothaches, and damage to Plaintiffs teeth. On or about October -December 2016 and Febru 6 March 2017, in the IRC courthouse, Burle's defective equipment proximately caused radia 7 injury to the Plaintiff including tissue heating, coughing, wheezing, sinus, throat, and I 8 congestion. On or about March 24, 2017, CPTC attached a faulty GPS ankle monitor wl 9 caused Plaintiff's right foot and ankle to swell up and turn blue. 10 48. On or about October 2016, Core Civic carried out an extradition of the Plaintiff from Si 11 Diego to Vero Beach which was not authorized by 18 U.S.C. § 3182. CoreCivic's employe 12 improperly shackled Plaintiff s ankles, without socks, pants, or padding, and forced Plaintiff 13 walk fast. This caused Plaintiff to fall and injure her left knee and elbow. The improper shacklir 14 was also the proximate cause of irritation and red marks on Plaintiff's ankles. CoreCivic 15 employees denied Plaintiff access to food, water, meals, dental prophylactics, bathrooms, ar 16 showers in violation of federal standards. On some days, Plaintiff was given only a small bott 17 of water and a few pieces of lettuce. Plaintiff was denied a shower for the entire weeklor 18 extradition. Defendants then falsely claimed that Plaintiff was mentally ill because she had ni 19 showered in a week. 2049. On or about December 20, 2016 -February 2017, SFETC and Correct Care subjected Plainti 21 to battery on at least three occasions, forcible taking her blood pressure, forcibly inject( 22 Plaintiff with an unknown substance that they claimed was tuberculosis, and forcibly drug@ 23 Plaintiff with Risperdal. The Risperdal made Plaintiff extremely ill. They kept Plaintiff 24 conditions which fall below the standard of care. They returned Plaintiffs Iaundry soaking w 25 refusing to allow Plaintiff access to the dryer. They placed Plaintiff in a filthy cell with 26 running water and a backed -up toilet. On another occasion, they locked her in a closet -sit 281 AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 19 308 Case 4:21-cv-01721-DMR Document 22 Filed 08/27121 Page 20 of 42 room with three dangerous mental patients, unsupervised. One patient urinated on the floor, causing Plaintiff to gag. The same patient threatened to hit the Plaintiff. 50. SFETC enlisted a patient to batter the Plaintiff on at least two occasions, Jan. 3 at 10 pm an Jan 14 at 10 pm. The assailant broke Plaintiff's teeth with blows to the head and broke Plaintiff s right hand when she placed it over her head for protection. PIaintiff reported the beatings to the police and Defendant DCF. SFETC turned the police away and retaliated against Plaintiff for reporting the crimes. Plaintiff was again denied police protection. The assailant was rewarded with early release, extra snacks, and better treatment from the staff. The Plaintiff witnessed this same scenario play out against other people, especially those who, like the Plaintiff, did not meet 10 the criteria for involuntary hospitalization. She often helped them to report the crimes. She wa; I1 thwarted and retaliated against. Medication was used to cause aggressive behavior. SFETC 12 Correct Care, and DCF fostered an environment where all of the patients beat each other 13 Protection was offered only to those who cooperated with the forcible drugging, the abuse, an( 14 the racketeering. Needless to say, this treatment does not meet the standard of care. 15 51. Plaintiff also suffered radiation injury on numerous occasions from X-ray scanners, meta 16 detectors, Stingrays, Tasers, radar, radios, Wi-Fi, and/or other radiation -emitting devices. Thi 17 police Defendants often misused these devices to deliberately inflict harm. The Doe 381-401 18 manufacturers, distributors, or operators are unidentified at this time. 19 E. CPUC Defendants 52. Defendants CPUC, Michael Peevey, Kamala Harris, SDG&E, and Itron, had been named 211 Defendants in the Underlying Case, Cooney v. CPUC. Defendants Michael Picker, 2 Batjer, Rob Bonta, and Xavier Becerra had not yet been named as Doe Defendants. Picl succeeded Peevey and Batjer succeeded Picker as CPUC President. Becerra succeeded Har and Bonta succeeded Becerra as Attorney General. Defendant Lewis Brisbois, Harris, a Becerra were attorneys representing the Defendants. All of these Defendants will be referred collectively herein as the "CPUC Defendants". AMENDED VERIFIED COMPLAINT 9:21-cv-01721-DMR 20 309 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 21 of 42 53. At all relevant times, the CPUC Defendants committed intrinsic fraud on the court by lyin about matters of fact and law in their pleadings and motions. They misled the court on variou issues including, but not limited to, whether the U.S. District Court had jurisdiction ove constitutional issues, whether the complaint stated constitutional violations, whether due proce; had been observed in the CPUC proceedings, and other matters. They misstated the complaint a well as the law. The Attorney Defendants breached professional ethics by misleading the courts. 54. At all relevant times, the CPUC Defendants committed extrinsic fraud on the court by undul influencing the triers of fact and working with the other Defendants, especially the Police Unio Defendants, to prevent Plaintiff from presenting her case. They arranged a series of false arrest 101 and malicious prosecutions, numerous illegal stop and frisk detentions, tampering with her mail, 111 impeding her access to courts, public buildings, public libraries, and computers, denying police protection and legal representation, unlawfully taking her homes and all of 13 possessions. They contributed to the campaigns of Judge John True, the husband of Ju( 14 Claudia Wilken, and others in order to throw the case their way. They participated with the to 15 drug mafia in killing, drugging, and injuring Plaintiffs common law husband, John Tallent, v 16 died on July 3, 2015. He had sustained serious injury to his heart from the Smart Meters, 17 stated in the Underlying Case. They defamed and slandered the Plaintiff, writing false offic 18 reports, gaslighting her family, friends, and associates. On or about July - October 2016, tl 19 persuaded her parents to write false statements which mentioned Smart Meters. They preven Plaintiff from working under her employment contracts. All of the CPUC 211 participated in this scheme and/or benefitted by it. F. Wireless Defendants 55. Defendants CTIA, FPL, Monpower, Frontier Communications, and AT&T participated in extrinsic fraud on the court by polluting Plaintiffs home with unwanted radiation, forcing out of her home, injuring her and others, restricting her access to telephone, internet, electri and other services. They also cyberstalked her with their internet trolls, defaming, slander AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 21 31 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 22 of 42 misinforming, and gaslighting. The Wireless Defendants wrongdoing presents the same issues o fact and law as the CPUC Defendants. 56. The CTIA has worked for many years to defraud the courts and public officials regarding the harm caused by EMF radiation. They manipulated the science, propagandized, and undul: influenced public officials. Like the tobacco industry, they are merchants of doubt. Througl these actions, the CTIA has infringed upon the Plaintiffs right to due process, as well as that o the general public. 57. On or about November 2011, Frontier worked with the Pocahontas County (WV) Sheriff t4 deny or delay Plaintiffs order for telephone service. Again, Plaintiff was subjected to unlawfu 101 detention. 11 58. On or about July 2012, Monpower activated its Smart Grid in the radio -free zone of Gree: 12 Bank, WV. PIaintiff was again injured by the radiation from her Smart Meter and forced out o 13 her home. On or about October 2013, FPL activated its Smart Grid, injuring Plaintiff and forcin 14 her out of her home. On or about October 21, 2019, FPL installed a Smart Meter on Plaintiff 15 Vero Beach home, even after she had opted out. After several weeks they replaced it with a saf 16 analog meter. However; Plaintiff continues to be injured every day on an ongoing basis fror 17 FPL's installations in the community. There is a new injury every day, creating yet a new caus 18 of action against FPL. 19 59. On or about April 2013, Defendant AT&T performed a faulty installation of telephon service which caused excessive radiation levels in Plaintiffs Sebastian, FL home. The 211 line was erroneously connected to the electric meter. A serviceman was sent out to fix problem, but instead he made a false police report and tried to have the Plaintiff arrested. At 231 behest of AT&T, Defendant Sebastian's police officers continued to harass the Plaintiff several months, performing `wellness checks" and other illegal detentions, noting Sig 20 whip is cop slang for mentally ill. This was yet another gaslighting effort to defame the Plainti Plaintiff was denied phone service. On or about October 2013, Defendant AT&T created wiring fault, connecting the telephone wires to the Smart Meter. in another house in Sebastia AMENDED VERIFIED COMPLAINT 4:21-cv--01721-DMR 22 31 Case 4:21-cv-01721-DMR Document 22 Filed 08!27/21 Page 23 0 42 Again, Plaintiff had to disconnect the service. Again, Plaintiff was denied telephone access. 1 or about September 2015, Defendant AT&T connected the telephone line to the electric meter Plaintiffs San Diego house, causing the same radiation issue as in Sebastian. Again, Plaint had to disconnect the service. Again, Plaintiff was denied telephone service. 60. On or about Oct. 2020, FIT and Harris Corporation installed a harmful radio transmitter Treasure Shores Beach. They misled and defrauded the IRC Commission at a meeting on J, 19, 2021, by claiming that the emissions were no more powerful than a cell phone and claimi that cell phones are harmless. Plaintiff presented the true scientific facts, but no one listen Thus, due process was denied, and the Plaintiff and the public are being injured. 101 G. West Virginia Defendants 111 61. Defendant WSS was named as a Defendant in the Underlying Case, Cooney v. WSS. city is virtually owned by Defendant Jim Justice, owner of the Greenbrier, the largest emplo in town. Justice also owns every judge and public official. He has used his wealth to 141 undue influence and to wrongfully terminate the Plaintiffs employment at the Greenbrier. Defendants WSS and Justice perpetrated extrinsic fraud on the courts. 16 61. Defendant NRAO, located in Green Banat, WV, is a research facility which is open to 17 public for tours, town meetings, and educational programs. On or about July 2012, NR 18 banned Plaintiff from the facility because of her volunteer work for the public health and 19 exercise of First Amendment rights. NRAO threatened to falsely arrest Plaintiff for trespass. H. Florida Defendants 211 62. Defendants Indian River County (IRC) and Vero Beach were named as a Defendants in Underlying Case, Cooney v. Vero Beach. Defendants Vocelle & Berg and Dean Ringers 231 attorneys representing the Defendants. Although they had not yet been named as Defendants the Underlying Case, Defendants Diamond Litty and Kiernan Moylan improperly represented 251 Plaintiff in the malicious prosecution for criminal trespass. They denied Plaintiff her S Amendment right to counsel. Defendant Thomas Kennedy was the private defense attorney 271 the Plaintiff initially hired. He failed to file a crucial motion to dismiss, to which Plaintiff AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 23 31 Case 4:21-cv-01.721-DMR Document 22 Filed 08/27/21 Page 24 of 42 entitled. He breached ethics by improperly withdrawing from the case, breaching the conte and attorney-client privilege. Defendants Bruce Colton, David Dodd, and Elise Braw advanced the malicious prosecution, All of these Defendants will be referred to coIlectiN herein as the "Florida Defendants". 63. At all relevant times, the Florida Defendants committed intrinsic fraud on the court by ly about matters of fact and law in their pleadings and motions. They misled the court on vari issues including, but not limited to, whether the Plaintiff had committed trespass, whet Plaintiff was mentally competent, whether Plaintiff had a constitutional right to visit a pul library, whether the federal complaint stated constitutional violations, whether the Defends 10 were immune from prosecution, and other matters. They misstated the complaint as well as the 11 law. The Attorney Defendants breached professional ethics by misleading the courts. 12 64. At all relevant times, the Florida Defendants committed extrinsic fraud on the court b, 13 unduly influencing the triers of fact and working with the other Defendants, especially the Polio 14 Union Defendants, to prevent Plaintiff from presenting her case. They arranged a series of false 15 arrests and malicious prosecutions, numerous illegal stop and frisk detentions, tampering wit] 16 her mail, impeding her access to courts, public buildings, public libraries, and computers 17 denying her police protection and legal representation, unlawfully taking her homes and all o 18 her possessions. Their elected officials, such as Sheriff, received campaign contributions fron 19 members of the Defendant Police Unions, Defendant Attorneys, and Defendant Coast to Coast They contributed to the campaigns of Judge David Morgan, Judge Cynthia Cox, Judge Ro 211 Pegg, and former State Attorney, Michael McAuliffe, the husband of Judge Robin and others in order to throw the case their way. They participated with the local drug mafia 231 killing, drugging, and injuring Plaintiffs common Iaw husband, John Tallent, who died on 3, 2015. They defamed and slandered the Plaintiff, writing false official reports, gaslighting I family, friends, and associates. On or about July - October 2016, they persuaded her parents write false statements, obstructing justice. They prevented Plaintiff from working under I employment contracts. On or about 2013, they issued a trespass warning threatening to fats( AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 24 3 Case 4:21.-cv-01721-DMR Document 22 Filed 08/27/21 Page 25 of 42 arrest Plaintiff for visiting a tax office to pay her taxes. IRC attorneys confirmed that this thre was still in force on or about 2017, and would last forever. On or about 2015, IRC illegal suspended Plaintiffs Florida Iicense because she cancelled the Florida insurance and purchase California insurance upon registering her car in California. On Dec. 4, 2018, they issued trespass warning to falsely arrest Plaintiff if she ever visited the library again. On or about 201 they did the same for the Sebastian Library, and on Sep. 30, 2019, they did the same for t' IRSC library and the entire college campus. On Aug. 11, 2019, IRC threatened false arrest f visiting the Iandfill. On Nov. 3, 2020, they threatened false arrest for attending an event at t; Fairgrounds, to which she was invited. On May 13, 2020, they threatened false arrest for visite 10 a city park. On Aug. 20, 2020, the Chairman of the County Commission assaulted Plaintiff an( 11 threatened false arrest for attending a Canvass meeting, which was purportedly open to the 12 public. He is a member of a police union. At Jan. 5, 2021, meeting, the IRC Board refused tc 13 stop trafficking narcotics and refused to stop falsely arresting people for trespass when they arf 14 in public places. At the Jan. 19, 2021 meeting they decided to harm beachgoers with a powerfu 15 radio installation at Treasure Shores. 16 65. The Florida Defendants worked with Defendant Coast to Coast Landscaping, which operate: 17 an illegal drug cartel. The IRC Sheriff participates in the drug cartel by allowing it to operat( 18 outside of the law. The IRC Sheriff refuses to enforce the laws against the drug cartel. The IRC 19 Sheriff harasses everyone who objects to the narcotics trafficking and other criminal activity; 20 such as the Plaintiff. The narcotics ring could not operate without this assistance from the 21 Sheriff: Thus, it is referred to as the Sheriffs drug cartel. 22 66. On October 21, 2015, Michael Hnatusko and Cynthia Little trespassed into Plaintiff s Florid,, 23 home. Hnatusko threatened to kill PIaintiff and break her fingers. Hnatusko announced that hF 24 and Little were working with Defendant Indian River (IR) County' Sheriff and his well-known 25 drug operation through Defendant Coast to Coast Landscaping. Deputies arrived and confirmec 26 this. The deputies pressured Plaintiff to drop her civil rights lawsuits, especially the San Diegc 27 and Vero Beach cases. They repeated the mantra of the San Diego police saying, "How's that 28 AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 25 314 ff Case 4:21.-cv-01721-DMR Document 22 Filed 08/27/21 Page 26 of 42 working for you?" On October 23, 2015, Hnatusko and Little again trespassed into Plaintiff home. Hnatusko explained that he was working with the Sheriff to use the Plaintiffs house ti traffic narcotics, to put the home into foreclosure, and to have the Plaintiff locked up in a menta institution and drugged. The Plaintiff did not believe him. Nevertheless, it all came to pass. 0. 51 October 24, 2015, Deputy Scott Sposato arrested the Plaintiff on a felony charge probable cause, thereby setting the Defendants' plan into motion. Sposato was under influence of a narcotic substance, proving that he was indeed involved with the Sheriffs i cartel. Sposato submitted a false report. Without a warrant, Sposato seized the Plaintiffs car everything in it, ransacked it, and held it for days. 10 67. On or about October 25, 2015, Judge David Morgan, a police union member, made a findinl I 1 of probable cause with no evidence and no hearing. He issued an illegal "no contact" order 12 prohibiting Plaintiff from accessing her own home. This illegal act created a title issue. It alsc 13 gave cover to the Sheriffs drug cartel as they used Plaintiffs home for narcotics trafficking. 1 14 was part of a coordinated effort to prevent Plaintiff from presenting the Underlying Cases it 15 court. Judge Robert Pegg falsely stated that Plaintiff did not appear, yet the case document; 16 proved that she did appear. He wrongfully issued a bench warrant. Judge Cynthia Cox, a well• 17 known cocaine addict, made a deal with the IRC Sheriff to unlawfully arrest innocent people 18 throw them into a mental institution, and deny them a trial. These Defendants then would react 19 out to the victims' families to extort ransom monies, paid through a lawyer. I£ the families refused to pay the ransom, the innocent victim would be forced to plead guilty to a crime 211 did not commit or be beaten or drugged to death by SFETC. These Defendants use the to finance their drug habits. 231 68. The State of Florida chose not to traverse Plaintiff's motion to dismiss. Pursuant to Criminal Procedure, Rule 3.190(d), the State admitted all of the facts stated in the motion. Rule 3.190(d): "Traverse or Demurrer. The state may traverse or demur to a motion to 26 that alleges factual matters. Factual matters alleged in a motion to dismiss under subdivisi 27 (c)(4) of this rule shall be considered admitted unless specifically denied by the state in t AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 26 31 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 27 of 42 traverse." As such, these facts have already been determined by a court of law and are subject to further dispute, under the well-established doctrine of collateral estoppel. The 31 determined by the court include the following: "Plaintiff is innocent and immune prosecution." "Hnatusko and Little were working in tandem with the Sheriffs Department to extort money from the Defendant in exchange for halting their attack on the Defendant and hex property. Hnatusko and Little were further working with the Sheriffs Department in their endeavor to install a methamphetamine lab and distribution operation in Defendant's home. Hnatusko and Little had trespassed, assaulted, battered, and attempted to remove the Defendant from her home, against her will. The Sheriff s deputies had refused to carry out their sworn duty 10 to protect and serve." 11 69. Defendants Litty, Dorothy Naumann, and Lydia Pittaway improperly represented Plaintiff 12 the trumped-up felony charge. Defendants Colton and Brian Workman put forth the malicio 13 prosecution, even after admitting that Plaintiff was innocent and immune. Defendant Jef r 14 Smith, Clerk of Court in IRC, falsified the record of the maliciously prosecuted felony case. 1 15 posted misleading clerk's notes stating that Plaintiff had "absconded" when she had, in fa 16 properly appeared and answered the trumped-up charge against her. After the charge w 17 dropped and the case closed, he served a false notice of court hearing, giving the appearance tl 18 the case was ongoing. These Defendants can be included in the Florida Defendants. Th 19 committed the same crimes against the Plaintiff. 70. Defendants City of Sebastian and Town of Indian River Shores participated in the 211 abuses through their police agencies. They staged numerous stop and frisk detentions and deni police protection to the Plaintiff. Sebastian issued an unlawful trespass warning for Publix. Indian River Shores blocked the highway for no public purpose, but only to impede Plaintiffs movement. On Jan. 7, 2020, St. Lucie County Deputies J. Walton and D. Clayton falsely detained Plaintiff and threatened to falsely arrest her for trespass if she ever visited a St. Lucie public library again. On Oct. 31, 2018, Plaintiff was rear-ended while stopped in the left lane waiting to make a U-turn. A Martin County Deputy lied on the police report and wrongfully AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 27 31 • Case 4:23.-cv-01721-DMR Document 22 Filed 08/27/21 Page 28 of 42 11 found the Plaintiff at fault and issued a ticket. Plaintiff was unable to fight the ticket Martin County, like IRC sends innocent defendants to a mental institution and then charges thea $20,000 in ransom to get out. These Defendants can also be included in the Florida Defendants. I. Governor Defendants 71. On or about October 2016, Defendants Edmund Brown, California Governor and Rick Scot Florida Governor, or Does 401-420, carried out an extradition which was not authorized by 1 U.S.C. §31.82. Neither Governor signed the orders. Scott's signature was rubber-stamped on generic document that did not name the Plaintiff or the charge. Brown's document was signe by an underling or unauthorized person. Neither Governor, nor any Attorney General, looked : 10 the case documents showing that Florida had already admitted innocence and immunity. Plaintif 11 sent letters to both Governors and Attorneys General. The unlawful extradition impede4 12 Plaintiffs ability to present the Underlying Cases in court. Thus, the Governor Defendant, 13 participated in extrinsic fraud on the court. Governors are not immune from prosecution fo 14 willful conduct which is proscribed by law. Governors cannot participate in a protection racke 15 or fraud scheme with impunity. No public official has immunity to commit such crimes. 16 J. Retail Defendants 17 72. Defendants Seacoast, Marine, and CenterState Banks, Fidelity Investments, Walmart 18 Cumberland Farms, Whole Foods, and Publix, are herein referred to as the Retail Defendants 19 The Retail Defendants blocked Plaintiffs access to credit, food, gasoline, and other vital good; and services. They also harassed Plaintiff by initiating illegal stop and frisk detentions, maki 211 false police reports, and misusing trespass statutes to exclude a blacklisted whistleblower personal and political reasons. This was coordinated through the Defendant Police Unions. harassment impeded Plaintiff s ability to present the Underlying Cases in court. Thus, the Defendants committed extrinsic fraud on the court. 73. On or about March 2009, the manager of Whole Foods in La Jolla, CA, banned 261 forever from shopping at the store, ostensibly because Plaintiff had reported violations of local smoke-free ordinances and the manager was a smoker. At this time, Plaintiff was 281 AMENDED VERIFIED COMPLAINT 9:21-cv-01721--DMR 26 31 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 29 of 42 with the sexual harassment issues of the Underlying San Diego Case. The Police Unions we likely involved in this abuse. This was the first attempt to restrict Plaintiff's access to food. 74. On or about January 2013, an employee of Defendant Walmart in Lewisburg, WV, stole tl Plaintiff's shoes while she was shopping and trying on new shoes. The employee then made false police report. The police refused to arrest the employee thief and instead threatened falsely arrest the Plaintiff. 75. On or about August 2013, Plaintiff was falsely arrested while shopping at Publix Sebastian. She was detained for 30-40 minutes in the police vehicle and injured from radiatic emitted by wireless communications devices or energy weapons. The officer issued a trespa 10 warning, a written threat of false arrest for shopping at that particular Publix store ever again. O 11 or about February 26, 2018, the manager of a Vero Beach Publix prevented Plaintiff fror 12 shopping and threatened false arrest. This occurred immediately after the manager met with 13 mafia Police Union operative named Leroy. On or about April 2020, IRCSO issued a trespas 14 warning, a written threat of false arrest for shopping at the Roseland Publix store ever again 15 Plaintiff s access to food has been unlawfully restricted. 16 76. On or about May 2014, Plaintiff visited Seacoast. Bank to inquire about a mortgage. Th 17 employees refused to help her and made a false police report. Seacoast specializes in banking fc 18 law enforcement personnel. A trespass warning was issued in violation of federal Equal Cred: 19 Opportunity laws, threatening false arrest if Plaintiff ever visits that office again. On or abol 20 June 2021, Plaintiff opened a business account at another Seacoast location. Seacoast unlawfull 21 closed the account after Plaintiff asked them to rescind the threat at the other office. PIaintiff access to credit has been unlawfully restricted. 77. On or about September 3, 2017, at 11 pm, Plaintiff was subjected to an illegal stop and detention after buying gasoline at Cumberland Farms. Apparently an employee had made a call to the police. The police issued a trespass warning which threatened to falsely arrest Plo if she ever shopped there again. This further restricts Plaintiff's access to food and gasoline. 281 AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 24 318 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 30 of 42 11 78. On or about Aug. 13, 2019, Matt McManus, Manager, Fidelity Investments threatened falsely arrest Plaintiff and refused to allow her to access her TRA, which has been there since 1994. On or about June 2020, Defendants Marine Bank and CenterState Bank unlawfully froz( or closed Plaintiffs accounts, denying her access to her own money for several weeks CenterState has ties to IRCSO and Marine has ties to Defendant Colton. All of these bank, participate in the local illegal drug trade and engage in money laundering. K. Defendant Attorneys 79. Defendants Keith Rutman, Brian Pease, Nicholas Lewis, John Serrano, and Stephen Ostrov are members of the California Bar who breached ethics in the Underlying San Diego Case. All o. 10 these attorneys breached ethics because th.-y had a conflict of interest when they advis 11 consulted with, or represented the Plaintiff. Rutman, Pease, Serrano, and Ostrow advie 12 Plaintiff that she could not enforce her constitutional rights. Rutman had built a practice 13 holding himself out as a civil rights lawyer who stands up to police misconduct, but in reality 14 was working with the Police Unions to quash the claims. Pease stated that Defendant Kerr, m sexually assaulted the Plaintiff, was "one of the good ones." Serrano had worked as a 16 Attorney and was still beholden to the City. Ostrow tried to gaslight the Plaintiff and advised h4 17 to do things that would destroy her case. Lewis appeared at the state court summary judgme7 18 hearing and botched Plaintiff's opposition. His only legal argument was "Why couldn't they ju 19 have left her alone?" He scattered her papers everywhere. Plaintiff had to take over and present serious opposition. 211 80. Defendants John Powers and Charles Schafer are Florida criminal defense attorneys. On about September 2014, after agreeing on a fee, John Powers wrongfully denied Plain representation on the bogus trespass charge. On or about November 2015, Defendant Che Schafer wrongfully denied Plaintiff representation on the bogus felony charge. Schafer misadvised Plaintiff about points of law. 81. Defendants Rooney, Mallory, Metcalf, Rollin, Murphy & Walker, Terry, and Jason Clark 271 a conflict of interest and breached attorney-client privilege. Jonathan Rhodeback of Rooney AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 30 31 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 31 of 42 Rooney divulged this fact to the Plaintiff during a consultation on or about 2017, stating tha someone had paid him to misadvise her. Murphy, a donor to the IRC Sheriffs campaign referred Plaintiff to Rollin, who misadvised Plaintiff and failed to disclose that he wa; representing law enforcement and police unions. Terry set up a failed police entrapment o PIaintiff on her way to the consultation. J. Clark stated "They are out to get you", but refused tc explain who he believed was out to get the Plaintiff and how they were planning to "get" her. J Clark also tried to defraud the Plaintiff into paying him and signing a contract which would no provide the necessary services. 82. Defendants Robert Clark, Hoskins Turco, Brian McMahon, Brian Cohen, Tarek Kiem, Chac 101 Van Horn, Leo Desmond, and Christopher Jacobs are bankruptcy attorneys who III denied Plaintiff legal services because she had been a victim of false arrest. Under U.S.C. 11 Plaintiff is required to list all legal claims and potential legal claims, including this 1983 13 claim. Hoskins, Cohen, Kiem, Van Horn, and Jacobs unlawfully used this claim as the reason 5 14 denying her legal representation. McMahon made a flimsy excuse about his schedule, but in fa 15 declined the case based on the 1983 claim. This is in direct contravention of the Fir 16 Amendment right to petition. Moreover, these attorneys represent many clients with simil 17 claims. These events occurred on or about June -- August 2018. 18 83. On or about August 10, 2018, Defendant Van Hom injured Plaintiff with cigarette smoke 19 she entered the building and threatened false arrest. Cohen and Jacobs both argued that the IR Sheriff is a saint, that Plaintiff cannot prove the Sheriffs wrongdoing, and that Plaintiff i 211 "crazy" or "kooky". 84. Defendants R. Clark and Hoskins breached their contracts to represent the Plaintiff in bankruptcy case. R. Clark defrauded the Plaintiff, inducing her to pay $1,200 for legal sery which were not rendered, delayed her case for over six weeks, injured her with cigarette srr, inside his office, threatened false arrest, gaslighted her family, and breached both the cont and attorney-client privilege. On or about June 2017, R. CIark killed and injured Plaint: 281 AMENDED VERIFIED COMPLAINT 4:21-Cv-01721-DMR 31 3 Case 4:21-cv-03.721-DMR Document 22 Filed 08127121. Page 32 of 42 attorney, Susan Semmel, by forcing her to breathe cigarette smoke in their shared office contravention to Florida statutes. Semmel died of a stroke. 85. On or about October 2017, Florida Rural Legal Services refused to provide Iegal services which Plaintiff qualified. They cited the false arrest and malicious prosecution as the reason their unlawful denial. Because of the Defendant Clerk's falsification of the record, they belie, that the case remained open, although it was closed on April 25, 2017. 86. On or about October 2017, Defendant Richard Benrubi breached a contract to repres Plaintiff in the homeowner's insurance claim after delaying the claim for almost eight weeks. or about April 2018, Defendant Jason Herman wrongfully denied Plaintiff representation in 10 insurance claims. Both wrongful denials were based upon Plaintiff's 1983 claims from the fall 11 arrest and malicious prosecution. 12 87. All of the Defendant Attorneys denied Plaintiff legal services based upon a Police Unio 13 blacklist which may have been promulgated through the various bar associations. They violate 14 the cab rank rule. Most accepted payment to refuse the case after they has already consulte 15 with me and agreed on a fee. All of the Defendant Attorneys had a conflict of interest an 16 breached attorney-client privilege. 17 L. Defendant Insurance Companies 18 88. Defendants Farmers, Stewart, ASI, and New Hampshire Insurance companies wrongfull 19 denied Plaintiffs insurance claims for the damages caused by the other Defendants. In additio 20 to violating state insurance statutes, they participated in the fraud on the courts, impedin 21 Plaintiffs ability to present her case by keeping her poor and in squalid conditions. They worke closely with Defendant police agencies and unions to wrongfully deny the claims. 231 Geico and Traveler's wrongfully blamed Plaintiff for the Oct. 31, 2018 accident in which was rear-ended. They relied on a false police report. They are herein referred to collectively the Insurance Defendants. 261 M. Defendant Employers AMENDED VERIFIED COMPLAINT 9:21-cv-01721-DMR 32 321 • Case 4;21-cv-01721-DMR Document 22 Filed 08/27/21 Page 33 of 42, 89. Defendants Carnival, Darden, Consulate, Lynmoore, Grace Rehab., Protect My Ministr First Presbyterian Church, First Baptist Church, and First Church of Christ Scientist are tl Plaintiffs employers or prospective employers who wrongfully terminated or denif employment. They violated the Fair Credit Reporting Act of 1971 (FCRA) and/or the Equ Employment Opportunity Act of 1972 (EEOA), 90. On or about 2014, Darden wrongfully denied Plaintiff employment. On or about Septemb 2, 2017, Carnival breached its employment contract with the Plaintiff. 91. On or about 2014, Defendant Baptist Church wrongfully denied Plaintiff employment as music teacher based upon a false report that she trespassed. Plaintiff has never trespassed. On 10 about 2014-2018, Defendant Christ Science Church denied Plaintiff employment as a pianist ai 11 singer, stating that Plaintiff "is in trouble with the Sheriff." 12 92. On or about June 2018, Defendant Consulate and Grace denied Plaintiff employment as 13 piano entertainer stating that a background check confirmed that she was a felon. Plaintiff h 14 never committed a crime, nor has she ever been convicted of a crime. Defendant IRC Sher. 15 maintains a website falsely depicting Plaintiff as a criminal. 16 93. On or about June 2018, the Lymoore wrongfully denied Plaintiff employment because of t] 17 Police Union blacklist. They did not state this reason overtly, but made it clear by their actions. 18 94. On or about February 2018, Defendant Protect My Ministry provided Defendant Presbyteri 19 Church a written background check falsely stating that Plaintiff is a felon. Presbyterian Chur wrongfully denied Plaintiff employment as a music teacher with affiliate Primo Music, 211 95. Defendants had a duty to verify the false information. Defendants' neglected their duty. Defendants are prohibited from denying employment based upon false arrest because certair populations are more frequently falsely arrested thus creating disparate impact. Single women; whistleblowers, political dissidents, and certain religious followers, such as the Plaintiff, suffer false arrest more frequently than the general population. These groups are protected under civi] rights provisions. N. Landlord Defendants 281 AMENDED VERIFIED COMPLAINT 9:21-cv-01721-DMR 33 322 • Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 34 of 42 96. Defendant Stan Ideker rented the San Diego house to the Plaintiff for over 12 years. 1 violated the terms of the lease by working with the Police Defendants to install the drug mafia Plaintiffs home, thereby preventing her from using or accessing her own home. He stole t Plaintiff's personal possessions by denying her access to the items in her home. These iter included some important court documents. He worked with the Insurance Defendants wrongfully deny the claims. He failed to refund monies owed to the Plaintiff from her rent a security deposit. 97. Defendant Coldwell Banker leased Plaintiff a house in Sebastian. They summarily breach the contract, forcing Plaintiff to move out, wrongfully retaining monies paid for rent and secur 10 deposit. They worked with the other Defendants, especially the Police Defendants, to de 11 Plaintiff access to housing, effectively shutting her out of the housing market. 12 O. Mexican Defendant 13 98. Defendant Jorge Cortina is a Mexican citizen and land owner who operates a drug cartel 14 his property in Baja California. Drugs are smuggled across the border into San Diego and i 15 U.S. On or about January 2016, Cortina forcibly drugged and sexually assaulted Plaintiff. On 16 about May 2016, Cortina's drug cartel worked with agents of the U.S. Police Union drug cat 17 to kidnap Plaintiff and bring her across the U.S. border, where operatives were poised to false 18 arrest and extradite the Plaintiff to Florida. 19 VIII. UNCONSTITUTIONAL STATUTES 20 99. THE LANTERMAN-PETRIS-SHORT (LPS) ACT and THE FORENSIC CLIE] 21 SERVICES (FCS) ACT are UNCONSTITU-IONAL both on their face and as applied becat they violate free exercise of religion, state-sponsored religion, liberty interests, due process, rig to counsel, speedy trial, protection from self-incrimination, right to privacy, cruel and unusu punishment and excessiveness. Even if th-_ LPS and FCS Acts were compatible with tl Constitution, Defendants are still liable for violating them. Neither the LPS Act nor the FCS A authorizes the involuntary commitment or treatment of a non -dangerous, mentally compete 281 AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 34 323 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 35 of 42 law-abiding person, nor do they authorize any court to sanction such an invo commitment. IX. PLAINTIFF HAS TAKEN RESPONSIBILITY TO MITIGATE DAMAGES 100. Plaintiff has lived an exemplary and healthy lifestyle. Plaintiff takes care of her health, eating fresh, nourishing, organic foods, drinking clean water and nothing else (no coffee or soft drinks), getting plenty of exercise and fresh air, going to the beach or natural landscape daily to practice yoga, swim, walk, hike, jog or bicycle. Consequently, Plaintiff has enjoyed excellent health. Plaintiff has never suffered from a mental disorder. Plaintiff is a law-abiding citizen. Plaintiff has never engaged in any dangerous behavior. Plaintiff is a teetotaler. Plaintiff has never 10 used drugs, whether prescription or street drugs. Plaintiff practices her religious belief in natural 11 healing, using only gentle, safe, effective, traditional methods of healing from illness or injury. 12 Plaintiff does not use forceful, harmful allopathic medicine. 13 X. DEFENDANTS ACTED WITH MALICE, FRAUD, AND OPPRESSION 14 101. Defendants recklessly and maliciously violated the Plaintiff's rights, knowing or with 15 reasonable diligence they should have known, that they were infringing upon the Plaintiffs 16 liberties and causing her to incur damages: Defendants defrauded the Plaintiff and the general 17 public by falsely asserting as fact statements that they knew, or with reasonable diligence, should 18 have known, were untrue. Defendants' reckless and criminal behavior was oppressive and 19 harmful to the Plaintiff. Plaintiff is entitled to exemplary damages against all Defendants where permitted by law. 211 XI. GROUNDS FOR INJUCTWE RELIEF 102. There is a substantial likelihood of success on the merits of this case. 103. The Plaintiff faces substantial damages if injunction is not granted. Plaintiffs da= consist of an ongoing loss of her Constitutional rights. Moreover, there are hundreds, if thousands, of other citizens facing similar damages and injuries. 104. The balance of harm to the Plaintiff and the general public weighs in favor of the Plain 271 The hardship to the Plaintiff and the general public greatly outweighs any costs that Defend AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 35 324 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 36 of 42 1 would incur through the issuance of the injunction as requested. In fact, the Defendants shoulc 2 not incur any cost at all from the proposed order and will actually save money, in the long run 3 by immediately ceasing an unsafe, unlawful and costly practice, thus mitigating damages an( 4 injuries to the population at large and reducing the number and dollar amount of claims for civi 5 rights violations or injuries. 6 105. The granting of the requested injunction would serve the public interest by setting 7 precedent to protect all citizens from similar abuses. XII. PLAINTIFF RETAINS ALL RIGHTS 9 106. Plaintiff reserves the right to amend the Complaint to correct legal errors or omissions c 10 to her inexperience in legal matters, or to supplement with additional information which 11 revealed through discovery, or to adjust for Court rulings, or for any other reason. 12 107. The true names and capacities of Defendants sued herein as Does 1-1,000, inclusive, 13 unknown to the Plaintiff, and the Plaintiff therefore sues these Defendants under fictiti 14 names. Plaintiff will amend this Complaint to allege their true names and capacities w 15 ascertained. These fictitiously named Defendants were involved in and were parties to 16 furtherance of the acts complained of herein. 17 108. Plaintiff incorporates all paragraphs and causes of action into all other paragraphs 18 causes of action herein. Plaintiff incorporates all documents submitted in all of the Under] 191 Cases into the causes of action stated herein. The Underlying Cases include District Court No. 4:18-cv-01860, Appellate case No. 19-16180, and all cases underlying and included therein. 211 109. Plaintiff wishes to exercise the right to a civil jury trial conferred upon her by the Amendment to the U.S. Constitution. XIII. REQUEST FOR RELIEF 24 110. WHEREFORE, Plaintiff respectfully requests the compensatory, declaratory and inju 25 relief herein sought, as well as costs, and such other and further relief as the Court shall 26 proper. 27 COMPENSATORY DAMAGES 281 AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 36 3 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 37 of 42 11 First Claim for Relief 111. Plaintiff has suffered losses of life's priceless treasures, which cannot easily be reduced dollar amounts. Plaintiffs actual damages Gre astronomical. A conservative estimate of lega cognizable damages is displayed below: GENERAL DAMAGES: PropertyLoss..............................................................................................$141,280,000 Pain, suffering, and inconvenience................................................$ 1,000,000 Emotionaldistress.....................................................................$ 1,000,000 10 Estimated future losses from emotional distress .................................. $ 2,000,000 11 Loss of consortium.........................................................................$5,000,000 12 SPECIAL DAMAGES: 13 Loss of earnings.(to date).............................................................$ 1,000,000 14 Estimated future loss of earnings from emotional distress........................$2,000,000 15 Punitive Damages..................................................................$ 100,000,000 16 171 Total Damages......................................................................$ 253,280,000 181 112. If the Court grants the declaratory and injunctive relief as requested below, the Plaintiffs 191 future losses will be significantly diminished, and the PIaintiff will be willing to accept $100,000,000 in total compensatory damages, based on the restoration of her 211 rights. 2 DECLARATORY AND INJUNCTIVE RELIEF Second Claim for Relief 113. Declare that the judgment in case No. 4:18-cv-01860 is void for lack of jurisdiction, incuriam, and/or fraud on the court because it was not issued by an Article III judge. Dei that the judgments are void in all of the four Underlying Cases and the 2009 California AMENDED VERIFIED COMPLAINT 4:21-cv--01721-DMR 37 326 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 38 of 42 harassment due to lack of jurisdiction, per incuriam, and/or fraud on the court. Set 2 judgements aside. 3 Third Claim for Relief 114. Issue an internal or injunctive order requiring Defendant Soong to enter the default of defendants in case No. 4:18-cv-01860 pursuant to Civil Procedure Rule 55(a), as requested the Plaintiff on April 16, 2019. Award all requested relief against the defaulted defendants. Fourth Claim for Relief 115. Declare that all of the Defendants have committed or aided and abetted the commissions 9 both intrinsic and extrinsic fraud the federal courts in the four Underlying Cases and/or the sta 10 courts of California, Florida, and/or West Virginia. Declare that the Defendants violate 11 Plaintiff s civil rights under the U. S. Constitution, the highest statutory authority. 12 Fifth Claim for Relief 13 116. Declare that the State of Florida admitted the following facts pursuant to Florida Crimin 14 Procedure, Rule 3.190(d): "Plaintiff is innocent and immune from prosecution. The IRCSO 15 trafficking narcotics." Declare that the State Attorney advanced a malicious prosecution aft 16 these facts were admitted on December 10, 2015. 17 Sixth Claim for Relief 18 117. Issue an injunction preventing Defendant Indian River County, City and County of & 19 Diego, Cities of Vero Beach, Sebastian, Indian River Shores, and White Sulphur Springs fro 20 trafficking narcotics, making false arrests and detentions, and burglarizing or vandalize private 21 owned real or personal property. 22 Seventh Claim for Relief 23 118. Declare that Plaintiff is legally entitled to possession of her home at 5911 Chateau Dr., S: 24 Diego, CA, since the defendants in the eviction action defaulted. 25 Eighth Claim for Relief 26 119. Declare that all of the Judge and Attorney Defendants have violated the due process 27 equal protection clauses by breaching professional ethics. 28 AMENDED VERIFIED COMPLAINT 9:21-cv--01721-DMR 38 327 Case 4;21-cv-01721-DMR Document 22 Filed 08/27/21 Page 39 of 42 1 Ninth Claim for Relief 2 120. Issue an injunction against the use of all energy weapons, tasers, stingrays, GPS monitc 3 x-ray scanners, wireless courtroom security installations, and other radiation -emitting devic 4 based upon their harmfulness to human health and the environment. No state has 5 constitutional authority to cause such harm. 6 Tenth CIaim for Relief 7 121. Declare that Plaintiff was not at fault in the Oct. 31, 2018 accident and issue an injunct 8 to Martin County, Geico, and Travelers to correct the record. 9 Eleventh Claim for Relief 10 122. Declare that the IRC tax collector unlawfully suspended Plaintiff's license and issue 11 injunction to correct the record. 12 Twelfth Claim for Relief 13 123. Declare that Defendants Colton, Workman, Dodd, Brawner, City and County of San Diego 14 Vero Beach, and Indian River County falsely arrested, imprisoned, and maliciously 15 the Plaintiff in a manner contrary to Iaw. Enjoin this unlawful conduct. 16 Thirteenth Claim for Relief 17 124. Issue an injunction requiring Defendants Roddy, Smith, Vero Beach, and Indian P 18 County to seal or expunge the judicial and non -judicial arrest records and court records w 19 were brought about contrary to law. 20 Fourteenth CIaim for Relief 21 125. Declare that the plaintiff has a right to be in any public place that is open to the public 22 enjoin all violations of this right. 23 Fifteenth Claim for Relief 24 126. Issue an injunction requiring Defendants San Diego City and County, Vero Bc 25 Sebastian, St. Lucie and Indian River Counties to remove and rescind any trespass warnings 26 refrain from arresting for trespass any person who is in a public place which is open to 27 public. 281 AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 39 328 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 40 of 42 Sixteenth Claim for Relief 127. Declare that any establishment that is open to the public cannot force a person to leave retaliation for exercising free speech. The use of any trespass statute for this purpose unconstitutional as applied. Declare that the Defendant City of San Diego's coerced agreem preventing Plaintiff from visiting La Jolla Cove is void and unconstitutional. Seventeenth Claim for Relief 128. Declare that the denial of the Plaintiff's habeas corpus petitions by the state and fede courts was unconstitutional. 91 Eighteenth Claim for Relief 10 129. Declare that the LPS Act, also known as California Welfare & Institutions Code 11 5000 et sequence, and the FCS Act, also known as Florida Statute Chapter 916 et sequence, 12 unconstitutional both facially and as applied. 13 Nineteenth Claim for Relief 14 130. Declare that the conduct of Defendants SFETC, Correct Care, and DCF fell below 15 standard of care. 16 Twentieth Claim for Relief 17 131. Because of the declared infringement of state and federal law, and in order to promote anc 18 protect the public health and safety, and in the interest of significantly reducing monetary 19 damages, issue a preliminary injunction to immediately suspend the practice of forcibly 20 incarcerating or institutionalizing healthy, law-abiding citizens. 21 Twenty -First Claim for Relief 22 132. Declare that Defendant Peevey has breached ethics and violated the California Public 23 Utilities Code section 303(a) by holding an official relationship to and a financial interest in the 24 companies and/or persons that he is entrusted with regulating. Further declare all of the CPUC 25 legal proceedings under the leadership of Defendant Peevey, regarding the Smart Grid, void due 26 to fraud on the CPUC. 27 Twenty -Second Claim for Relief 28AMENDED VERIFIED COMPLAINT 4:21-cv-01721-DMR 40 329 Case 4:21-cv-01721-DMR Document 22 Filed 08/27/21 Page 41 of 42 133. Declare that the Defendants SDG&E, FPL, and Monpower violated 42 U.S.C. sectioi 3515b and 45 CFR Part 46 by using Federal funds to subject the unsuspecting population to horrific human experiment on the non -thermal effects of non -ionizing radiation, withou obtaining the informed consent of the participants, and/or by subjecting the participants tc greater than minimal risk, and/or by imposing risks that are not reasonable in relation tc anticipated benefits. Twentv-Third Claim for Relief 134. Declare that the Defendants SDG&E, FPL, and Monpower violated 18 U.S.C. ss. 371, 653 666, 1001, and 1018 by making false and fraudulent statements in their Smart Grid Deploymen 10 Plan, by which they received Federal matching funds under 42 U.S.C. section 17386. Rem, 11 these Defendants and their officers to the U.S. Attorney General for criminal prosecution un 12 the Title 18 Criminal Code. 13 Twenty -Fourth Claim for Relief 14 135. Issue a preliminary injunction pursuant to 15 U.S.C. section 1267(a) prohibiting 15 Defendants from transporting or receiving, or allowing the transport or receipt of hazard 16 substances, including Smart Meters and Smart Grid equipment, across state lines. Declare t 17 Defendants Itron, SDG&E, FPL, Monpower, Peevey, and Picket are liable for damages cau 18 by their complicity in the release of hazardous substances, pursuant to 42 U.S.C. section 9607. 19 Twenty -Fifth Claim for Relief 136. Because of the declared infringement of state and federal law, and in order to promote and 211 protect the public health and safety, and in the interest of significantly reducing damages, Plaintiff prays for a preliminary injunction to immediately dismantle and roll back the Smart Grid program, remove all associated radio frequency and digital equipment, and replace with the original, safe, analog equipment which worked flawlessly for many years prior to the Smart Grid installation. If necessary, Plaintiff requests that the Court declare the Smart Grid Act unconstitutional as applied. 137. Plaintiff prays that the preliminary injunction be extended until such time as a safe, reliable, 281 AMENDED VERIFIED COMPLAINT 4:21--cv-01721-DMR 41 330 • Case 4:27.-cv-01721-DMR Document 22 Filed 08/27/21 Page 42 of 42 1 and efficacious Smart Grid can be designed, manufactured, procured, properly tested for health 2 and safety, and implemented; or until the people, through a referendum or through their elected 3 representatives, decide to discard, disband, and dismantle the Smart Grid program upon finding i to be a useless and wasteful diversion from the quest for clean, sustainable energy. Plaintiff pray; that the preliminary injunction be permanent. Twenty -Sixth Claim for Relief 138. Issue an injunction against any radio transmitters on or adjacent to beaches, parks, residential neighborhoods, requiring the removal of FIT's transmitter at Treasure Shores, prohibiting any future installations. 1 11 XIV. VERIFICATION 12 139. I declare under penalty of perjury under the laws of the United States that the foregoing i 13 true and correct to the best of my knowledge. 1 1 Respectfully submitted, 16 DATE: August 25, 2021 /s/Deborah Cooney 17 Deborah Cooney, In Propria Persona 1 1 21 23 N AMENDED VERIFIED COMPLAINT 9:21-ev-01721-DMR 42 331 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER IN CIVIL CASES Judge Yvonne Gonzalez Rogers (Updated April 28, 2021) 1. Conformity to Rules. Parties are expected to consult and comply with all provisions of the Local Rules and the Federal Rules of Civil Procedure relating to motions, briefs, continuances, and all other matters, unless specifically superseded by this Standing Order. Any failure to comply with any of the rules and the Court's Standing Order may be deemed sufficient grounds for monetary sanctions, dismissal, entry of default judgment, or other appropriate sanctions. Parties are advised that this Standing Order is subject to change without notice and that they should check for the latest revisions on the Court's website at cand.uscourts.gov/ygrorders. 2. Scheduling days. Prior to noticing a motion, parties shall check the scheduling information on this Court's website to confirm open and available dates. However, noticed days may be reset as the Court's calendar requires, with order of call to be determined by the Court. Generally, the Court will schedule as follows: a. Case Management Conferences are conducted on Mondays at 2:00 p.m. b. Civil Law and Motion calendar is conducted on Tuesdays at 2:00 p.m. C. Pretrial conferences are conducted on Fridays at 9:30 a.m. Trials are set to commence on Mondays at 8:00 a.m. d. Before appearing for a matter before this Court, all parties shall check the Court's calendar at cand.uscourts.gov to confirm that their matter is still on calendar. Frequently, the Court will issue a written order and vacate the hearing unless oral argument appears to be necessary. Where argument is allowed, the Court will attempt to advise counsel in advance of the issues to be addressed. In addition, if a written request for oral argument is filed before issuance of a ruling stating that a lawyer six or fewer years out of law school will conduct all or most of the oral argument, the Court will entertain oral argument on the principle that young lawyers need more opportunities for appearances than they typically receive. Telephonic appearances for motion hearings are disfavored. The Court will grant requests to appear by telephone only upon a compelling showing of good cause. The routine inconveniences of travel do not constitute good cause. e. If a party intends to use audio-visual demonstratives during a hearing (e.g., PowerPoint presentation), it shall provide a copy to opposing parties and the Court no fewer than 24 hours in advance of the hearing. If a party requires use of audio-visual equipment in the courtroom, the party shall contact the Courtroom Deputy, Frances Stone, to make an appointment to test that equipment on a date at least one day in advance of the hearing. 332 3. Changes to Court Calendar. No changes to the Court's schedule shall be made except by signed order of the Court and only upon a showing of good cause. Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make any other procedural changes shall submit a signed stipulation and proposed order, or, if a stipulation is not possible, a Motion for Administrative Relief as contemplated by Civil Local Rule 7-11. Continuances will be granted only upon a showing of good cause, particularly focusing on evidence of diligence by the party seeking delay and of prejudice that may result if the continuance is denied. Briefing schedules may not be changed without Court approval. The Court generally will not approve elongated briefing schedules without sufficient explanation. Parties seeking to enlarge a filing deadline by way of a Motion for Administrative Relief are admonished to file such a motion in advance of the filing deadline, rather than on the day the filing is due. Parties are advised that requests which, in effect, do not allow the Court two weeks from the filing of the last brief until the scheduled hearing date are likely to be denied. 4. Notice of Hearing Location. Parties shall notice hearings for the Oakland Federal District Courthouse, 1301 Clay Street, Courtroom 1, Fourth Floor. However, the courtroom location is subject to change. Hearings may be held by Zoom videoconference at the Court's discretion. Parties should check the Court's website, the case docket, and/or notifications posted at the Courthouse on the hearing date. 5. Chambers Copies. This requirement does not apply to self -represented litigants. Chambers copy of all filings in excess of 15 pages, inclusive of exhibits and attachments, whether electronically filed or manually filed at the Clerk's Office, shall be submitted to the Clerk's Office in an envelope clearly marked with the case number and "YGR Chambers Copy" for receipt by no later than 12:00 noon the second business day after the document is filed. Submission by overnight delivery such as Federal Express or UPS is sufficient. a. All chambers' copies must be 3 -hole punched in the left margin in a manner suitable for placement in a 3 -ring binder. b. Chambers copies must include tabs between exhibits and must fasten or attach pages of individual documents together so as to distinguish between separate documents. Do not use bottom tabs as they do not work well in binders. C. Chambers copies in summary judgment motions: Chambers copies of all summary judgment motions and oppositions (including the brief, separate statement, declarations, exhibits, and other supporting documents) are required to be provided by the filing party in a 3 -ring binder or binders with tabs separating documents. Submitting chambers copies of the reply documents in a binder is optional. This requirement does not apply to habeas corpus petitions or summary judgment motions in ERISA or Social Security cases. d. Chambers copies in administrative motions to seal: As noted in paragraph 11 below, parties shall provide chambers copies of the unredacted documents with proposed redacted material highlighted only. Parties shall not submit chambers copies of the redacted versions of documents they seek to seal. 2 333 e. Chambers copies submitted without meeting the above requirements may be rejected, and the party may be required to re -submit. f. In motions involving voluminous citations to evidence or records, parties are encouraged to submit chambers copies of their briefing in an electronic format with hyperlinks to the evidence, on flash drives or other removable media. Parties may request to submit such electronic copies in lieu of paper chambers copies. 6. Case Management Conference. Joint case management statements are required and must be filed seven days in advance of the initial case management conference date. Updated joint case management statements are required and must be filed seven days in advance of all other case management conferences. In cases involving litigants unrepresented by counsel, the parties may file separate case management statements. The format shall follow the Standing Order for All Judges of the Northern District of California re: Contents of Joint Case Management Statement ("CAND CMC Order") found on the Court's website at cand.uscourts.goy/yg_r. a. These conferences.are intended to be substantive and productive. Accordingly, each party shall be represented at case management conferences by lead trial counsel or counsel with authority to enter into stipulations and make admissions pursuant to Fed. R. Civ. P. 16(a) and (c), as well as fully prepared to address all of the matters in the CAND CMC Order and Civil L.R. 16-10(b). Failure to do so shall be considered grounds for sanctions. Because of the substantive discussions that occur during case management conferences, telephonic appearances are disfavored. b. The Court will grant requests to appear by telephone only upon a compelling showing of good cause. The routine inconveniences of travel do not constitute good cause. 7. Proposed Orders Required. Each party filing or opposing any motion shall also serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of the decision, including citation of authority that the party requests the Court to adopt, and citations to the record evidence where applicable. The proposed order should be submitted at the same time as the motion or opposition, with a courtesy copy emailed to ygrrpo(@cand.uscourts. gov. 8. Discovery and Discovery Motions. The Court does not routinely refer discovery matters to a magistrate judge but may do so at its discretion. The provisions of this paragraph apply only to cases in which discovery is supervised by this Court. Except as specifically set forth below, no motions regarding discovery disputes may be filed without prior leave of Court. a. Depositions: If a dispute arises during a deposition and involves a persistent obstruction of the deposition or a refusal to answer a material question on the basis of any ground other than privilege or the work -product doctrine, counsel may arrange a telephonic conference with the Court by contacting the Courtroom 3 334 Deputy, Frances Stone, at (510) 637-3540. Any such conference shall be attended by the court reporter recording the deposition. b. Joint Discovery Letter: All other requests for discovery relief must be summarized by the parties in one joint, letter brief no longer than four pages (two pages per side). In the joint letter brief, counsel must attest that, prior to filing the request for relief, counsel met and conferred in person, and then concisely summarize all remaining issues that counsel were unable to resolve. The parties may not file multiple joint letter briefs irrespective of the number of disputes then at -issue. If there are multiple disputes at issue, the parties may provide a list of disputes as part of their joint letter brief. The joint letter brief may cite to limited and specific legal authority only for resolution of dispositive issues. The joint letter brief may not be accompanied by declarations; however any specific excerpt of disputed discovery material may be attached. The Court will then advise the parties if additional briefing, a telephonic conference, or a personal appearance will be necessary. Note: Discovery letter briefs must be a -filed under the Civil Events category of Motions and Related Filings: Motions ---General: "Discovery Letter Brief." C. Stipulated Protective Orders: 1. Parties submitting proposed forms of stipulated protective order shall include the following language with respect to resolution of designation disputes: [6.3 Judicial Intervention.] If the Parties cannot resolve a challenge without court intervention, the parties shall follow the Court's Standing Order in Civil Cases regarding Discovery and Discovery Motions. The parties may file a joint letter brief regarding retaining confidentiality within 21 days of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Failure by a Designating Party to file such discovery dispute letter within the applicable 21 - or 14 -day period (set forth above) with the Court shall automatically waive the confidentiality designation for each challenged designation. If, after submitting a joint letter brief, the Court allows that a motion may be filed, any such motion must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed in the preceding paragraph. The Court, in its discretion, may elect to transfer the discovery matter to a Magistrate Judge. In addition, the parties may f le a joint letter brief regarding a challenge to a confidentiality designation at any time if there is good cause for doing so, including a challenge to the designation of a deposition transcript or any portions thereof. If, after submitting a joint letter brief, the Court allows that a motion may be filed, any motion brought pursuant to this provision must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed by the preceding paragraph. The Court, in its discretion, may elect to refer the discovery matter to a Magistrate Judge. 4 335 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the Designating Party has waived the confidentiality designation by failing to file a letter brief to retain confidentiality as described above, all parties shall continue to afford the material in question the level ofprotection to which it is entitled under the Producing Party's designation until the court rules on the challenge. 2. The Northern District provides a model form of Stipulated Protective Order for Standard Litigation at cand.uscourts.jzov/model-protective- orders. To the extent the parties' proposed stipulated protective order varies from the model, exclusive of paragraph 6.3 set forth above, the parties shall submit a redline comparison with the model Stipulated Protective Order for Standard Litigation, along with their electronic form of proposed order, to y=o�?a,cand.uscourts.gov. 9. Motions for Summary Judgment. a. Pre -filing Conference Required: Except as specifically set forth below, no motion for summary judgment pursuant to Rule 56 of the Rules of Civil Procedure may be filed without prior leave of Court. The moving party must file a letter, with a copy to Chambers and the opposing parties, to request a pre -filing conference, and propose a date and time for such conference. Pre -filing conferences are normally set for Wednesday or Friday afternoons at 2:00 p.m. unless circumstances and the Court's calendar require otherwise, and should be requested sufficiently in advance of the deadlines established in the Court's initial case management order. Telephonic appearances will not be allowed. The moving party's letter shall be submitted at least seven (7) business days prior to the proposed conference date and must explain the grounds for the motion. The letter shall be no more than three single-spaced pages in length, including any attached exhibits or other supporting papers. Within three (3) business days after receipt of the letter, any party who will oppose the motion must file a written response addressing the substance of the moving party's letter, with a copy to Chambers and the moving party. This response shall also be limited to three single-spaced pages, including any attached exhibits or supporting papers. This pre -filing requirement does not apply to either side in cases where one party is se f represented. This pre -filing requirement also does not apply to habeas corpus petitions or motions in Social Security appeals. b. One Motion Per Side: All issues shall be contained within one motion, may not exceed twenty-five pages in length, and shall conform to Civil Local Rule 7-2. Only one summary judgment motion may be filed per side absent leave of court. Leave of court to file more than one motion may be requested if multiple parties comprise one or both sides. This issue will be addressed at the Pre -filing Conference. 5 336 C. Separate Statements: Any parry moving for summary judgment or opposing summary judgment is required to submit a separate statement as set forth herein. 1. Supporting Separate Statement. Parties moving for summary judgment must include a separate, short and concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried ("Supporting Separate Statement"). The Supporting Separate Statement must: (1) identify the issue or claim number(s) to which the fact relates; and (2) list each asserted material fact and the record evidence (e.g., deposition, declaration, discovery response). Upon filing, the moving party shall provide the separate statement to all other parties in an electronic, word-processing format for ease of response thereto. The Supporting Separate Statement must follow this format: Issuedo vxrig Part �fttff u ed=M % rI k'a .41-- nd vying �- x tom- .. .;�• ;3(,2't7Qt�g.>�'r4.`i�r ,.i.....-.J.ea -r,.C^r^y�-Ls Response porting_ "..# � i,. - ' - Evidence ..'GrY<• f - t� :1az!�'. 3.�r t5`^1^j_' Y.. L- G �i"?... _ 4 kT' Issue 1 Fact 1. Doe Co. and Acme Co. entered into a (Doe cannot written contract for sale of widgets. establish Roe Declaration at 2:17-21 and Exh. A [contract]. breach of contract) Issue 1 Fact 2. Widgets were received by Doe's headquarters on December 1,.20 10. Roe Declaration at 3:14-19 and Exh. B [signed invoice]. 2. Responsive Separate Statement. The papers opposing a motion for summary judgment shall include one Responsive Separate Statement which: (1) incorporates the facts in the moving separate statement; (2) provides a response to each of the facts in the correspondingly numbered paragraph in the moving separate statement; and (3) identifies any additional material facts that the party contends will establish a genuine issue to be tried. For each fact, the Responsive Separate Statement shall state whether the party contends the fact is disputed and the evidence establishing any dispute. These requirements also apply to any response to additional material facts raised in the opposition. If the opposing party contends that the fact is in dispute, the party must cite to evidence in the record which establishes the dispute. Responsive Separate Statements most follow this format: 0 337 °TssueaYo �:MovingParty's;Undisputed,1Vlaterial_:= rOpposingParty's-r =` Facts and Supporting Evidence t : __ Response -and ., , tSupporthig 'Evfd' `r Issue 1 (No Fact 1. Doe Co. and Acme Co. entered into Undisputed. breach of a written contract for sale of widgets. contract) Roe Decl. at 2:17-21 and Exh. A [contract]. Issue 1 Fact 2. Widgets were received by Doe Disputed. No Co.'s headquarters on December 1, 2010. widgets were Roe Decl. at 3:14-19 and Exh. B [invoice]. received. Jackson Decl., Exh. B [Smith Depo.] at 21:04- 23:19. OPPOSING PARTY'S ADDITIONAL MATERIAL FACTS Issue 1 Additional Fact 3: An empty crate was Jackson Declaration, delivered to Doe Co.'s headquarters on Exh. B [Smith December 1, 2010. Depo.] at 32:06- 33:12. 3. Page Limits for Separate Statements: Unless a party has obtained prior permission from this Court, the Supporting Separate Statement is limited to no more than fifteen (15) pages, and the Responsive Separate Statement is limited to no more than five (5) additional pages beyond the number of pages in the opening statement. 4. Attestation Required for Separate Statements: The Supporting and Responsive Separate Statement each must be signed by counsel (or by the party, if unrepresented by counsel) who has reviewed the document and can attest as follows: `I attest that the evidence cited herein fairly and accurately supports [or disputes] the facts as asserted." d. Evidence Submitted: Parties shall underline, highlight, or otherwise specify Iines of the documents and transcripts upon which they rely in support of or opposition to a motion. As noted in paragraph 5(f), parties are encouraged to submit chambers copies of their briefing in an electronic format with hyperlinks to the evidence. e. Cross -Motions: Any cross-motion for summary judgment shall be contained within the opposition to any motion for summary judgment, shall contain twenty- five (25) pages or Iess, and shall be filed fourteen (14) days after the filing of the motion. The reply to a motion may contain up to fifteen (15) pages, shall include the opposition to any cross-motion, and shall be filed seven (7) days after the filing of the opposition. (See Civil Local Rule 7-3). The Court may, sua sponte or pursuant to a motion under Civil L.R. 6-3, reschedule the hearing so as to give a moving party time to file a reply to any cross-motion. 7 338 10. Experts and their Reports. All witnesses who will provide expert testimony under Federal Rule of Evidence 702, 703, or 705, whether retained or non -retained, must be disclosed and must provide written reports in compliance with Federal Rule of Civil Procedure 26(a)(2)(B). All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents. The reports shall also include an executive summary of each opinion to be proffered. Any percipient witness who may also testify at trial with technical expertise akin to an independent expert shall be identified by name no later than the date of expert disclosures to allow for deposition, if necessary. At the time of disclosure of a written report, the disclosing party must identify all written materials upon which the expert relies in that report and produce those materials if they have not done so previously. 11. Motions to Seal. For documents submitted in connection with administrative motions to seal, parties shall provide chambers copies of the unredacted documents with proposed redacted material highlighted, as required Civil Local Rule 79-5(d)(1)(D), only. Do not submit chambers copies of the redacted versions of documents sought to be sealed. a. When a designating party files a declaration in support of another party's motion to seal, as required by Civil Local Rule 79-5(e)(1), the designating party must indicate whether they join the administrative motion to seal in whole or in part. If the designating party narrows the submitting party's sealing request(s), the designating party must specify the requests they concede should not be granted, and submit both: (1) an unredacted version of the document highlighting the narrowed proposed redacted material, and (2) a proposed order consistent with the narrowed request(s). b. Proposed orders on administrative motions to seal must conform to the following format: Document or Porhon ofDocument Evidence�Offered in/ R V 971_ f.x SoughtJo be'Sealed SU. -of -f- Sealing, tu Motion at page 2, lines 10-11 Jones Declaration ¶ 1 Motion at page 5, lines 4-17 Jones Declaration ¶ 2 12. Motions for Leave to Amend. Parties seeking leave to amend their pleadings shall submit a redline comparison with the operative pleading to ygrpoOcand.uscourts.gov at the time of filing their request to amend. This requirement does not apply to self -represented parties. 13. Securities Cases. Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file a chart summarizing the information required by 15 U.S.C. § 78u -4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) each statement alleged to have been false or misleading; (b) the speaker, date, and medium by which the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading. The chart should clearly identify which statements or omissions are attributable to 8 339 which defendants and, for each such defendant, the facts alleged which give rise to a strong inference that the defendant acted with the required state of mind at the relevant time. The chart must strictly adhere to the allegations in operative complaint and may not include any new or supplemental information or explanation. The chart should be organized in the following format: Statement ;'The == ` y _. " =False aril ' Reasons'S ateIn - Fact`s.Giving Rise`" No . Speakers} °' 1vlisleading { t Were `False and ,' to x a Strongv iF Date(s); ander ` M1Statemerts ' Misleading When Inference o 5 Medium ., , " a " = Made_'' r -Scienter 1 When: [date] [Direct quotation [Summarize [Summarize Where: [e.g. of the alleged arguments on falsity arguments on Press release] false and with specific scienter with Speakers: (e.g. misleading references to specific references CEO] statements.] paragraphs in the to paragraphs in the (Compl. ¶ --) I complaint.] complaint.] 14. Communication with Court. Parties shall not contact Judge Gonzalez Rogers or her chambers staff directly by telephone, facsimile, or any other ex parte means, but may contact Courtroom Deputy Frances Stone at (510) 637-3540 with appropriate inquiries. Parties should list their email address as well as their telephone numbers on their papers to facilitate communication with the Courtroom Deputy. All counsel listed on the parties' briefing must be fully apprised of the status of the pending matter and must be authorized to respond to calendar settings by the Court. 15. Service of Standing Orders. Plaintiff (or in the case of removed actions, any removing defendant) is directed to serve copies of this Standing Order in Civil Cases and the CAND CMC Order at once upon all parties to their action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure, Rules 4 and 5, and to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-6(a). 16. Notices of Settlement. Any notice of settlement sent to the Court must be signed by all parties to the settlement. Electronically filed notices shall be signed pursuant to Civil Local Rule 5-1(i), including, if applicable, a filer's attestation as provided by Civil Local Rule 5-1(i)(3). 17. Pronouns/Titles. Parties and attorneys may indicate their pronouns and titles (e.g. Mr., Ms., Mx.) by including them in the name block or signature line of their pleadings, or by submitting a letter directed to chambers. IT IS SO ORDERED. Dated: April 28, 2021 �YVONNE GONZALEZ ROGERS United States District Judge 9 340 STANDING ORDER FOR ALL JUDGES OF THE NORTHERN DISTRICT OF CALIFORNIA CONTENTS OF JOINT CASE MANAGEMENT STATEMENT All judges of the Northern District of California require identical information in Joint Case Management Statements filed pursuant to Civil Local Rule 16-9. The parties must include the following information in their statement which, except in unusually complex cases, should not exceed ten pages: 1. Jurisdiction and Service: The basis for the court's subject matter jurisdiction over plaintiff's claims and defendant's counterclaims, whether any issues exist regarding personal jurisdiction or venue, whether any parties remain to be served, and, if any parties remain to be served, a proposed deadline for service. 2. Facts: A brief chronology of the facts and a statement of the principal factual issues in dispute. 3. Legal Issues: A brief statement, without extended legal argument, of the disputed points of law, including reference to specific statutes and decisions. 4. Motions: All prior and pending motions, their current status, and any anticipated motions. 5. Amendment of Pleadings: The extent to which parties, claims, or defenses are expected to be added or dismissed and a proposed deadline for amending the pleadings. 6. Evidence Preservation: A brief report certifying that the parties have reviewed the Guidelines Relating to the Discovery of Electronically Stored Information ("ESI Guidelines"), and confirming that the parties have met and conferred pursuant to Fed. R. Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve evidence relevant to the issues reasonably evident in this action. See ESI Guidelines 2.01 and 2.02, and Checklist for ESI Meet and Confer. 7. Disclosures: Whether there has been full and timely compliance with the initial disclosure requirements of Fed. R. Civ. P. 26, and a description of the disclosures made. 8. Discover: Discovery taken to date, if any, the scope of anticipated discovery, any proposed limitations or modifications of the discovery rules, a brief report on whether the parties have considered entering into a stipulated e -discovery order, a proposed discovery plan pursuant to Fed. R. Civ. P. 26(f), and any identified discovery disputes. 9. Class Actions: If a class action, a proposal for how and when the class will be certified, and whether all attorneys of record for the parties have reviewed the Procedural Guidance for Class Action Settlements. 10. Related Cases: Any related cases or proceedings pending before another judge of this court, or before another court or administrative body. 11. Relief: All relief sought through complaint or counterclaim, including the amount of any damages sought and a description of the bases on which damages are calculated. In addition, any party from whom damages are sought must describe the bases on which it contends damages should be calculated if liability is established. Effective November 1, 2018 341 a 12. Settlement and ADR: Prospects for settlement, ADR efforts to date, and a specific ADR plan for the case, including compliance with ADR L.R. 3-5 and a description of key discovery or motions necessary to position the parties to negotiate a resolution. 13. Consent to Magistrate Tudge For All Purposes: Whether all parties will consent to have a magistrate judge conduct all further proceedings including trial and entry of judgment. — Yes _ No 14. Other References: Whether the case is suitable for reference to binding arbitration, a special master, or the Judicial Panel on Multidistrict Litigation. 15. Narrowing of Issues: Issues that can be narrowed by agreement or by motion, suggestions to expedite the presentation of evidence at trial (e.g., through summaries or stipulated facts), and any request to bifurcate issues, claims, or defenses. 16. Expedited Trial Procedure: Whether this is the type of case that can be handled under the Expedited Trial Procedure of General Order No. 64 Attachment A. If all parties agree, they shall instead of this Statement, file an executed Agreement for Expedited Trial and a Joint Expedited Case Management Statement, in accordance with General Order No. 64 Attachments B and D. 17. Scheduling: Proposed dates for designation of experts, discovery cutoff, hearing of dispositive motions, pretrial conference and trial. 18. Trial: Whether the case will be tried to a jury or to the court and the expected length of the trial. 19. Disclosure of Non-party Interested Entities or Persons: Whether each party has filed the "Certification of Interested Entities or Persons" required by Civil Local Rule 3-15. In addition, each party must restate in the case management statement the contents of its certification by identifying any persons, firms, partnerships, corporations (including parent corporations) or other entities known by the party to have either: (i) a financial interest in the subject matter in controversy or in a party to the proceeding; or (ii) any other kind of interest that could be substantially affected by the outcome of the proceeding. In any proposed class, collective, or representative action, the required disclosure includes any person or entity that is funding the prosecution of any claim or counterclaim. 20. Professional Conduct: Whether all attorneys of record for the parties have reviewed the Guidelines for Professional Conduct for the Northern District of California. 21. Such other matters as may facilitate the just, speedy and inexpensive disposition of this matter. Effective November 1, 2018 2 342 INDIAN RIVER INDIAN RIVER COUNTY SMALL COUNTY CHAMBER OF BUSINESS RECOVERY GRANT COMMERCE Round 4 ECONOMIC DEVELOPMENT Business Name: Deborah Cooney Owner(s): _ Deborah Cooney Requested Amount: $_10,000 THE BUSINESS MUST: ❑ Be locally or independently owned, and operating in Indian River County — including a home-based business or sole proprietor ❑ 25 or fewer full time (FTE) employees including the owner ❑ In operation in Indian River County since October 1, 2019 ❑ Expects to return to full operation after all local and state emergency guidelines for COVID-19 are rescinded ❑ Up to date on tangible personal property and.tor real estate taxes ❑ No active judgments, liens, bankruptcies, etc, against the business or business owner(s) QUALIFYING QUESTIONS: ❑ Has the business received federal CARES Act or American Rescue Plan funding from elsewhere, including a municipality in Indian River County or from Indian River County government? ® State of Florida business registration from the Florida Division of Corporations showing the business is registered in Indian River County ® City or County Business Tax Receipt (i.e., local business license) ❑x Did the business provide the individual or business owner(s) Driver's License, or other government - issued identification ® Did the business owner provide a full employee list as of March 1, 2020, noting either full-time or part-time? Self-employed ® Is there a completed and signed IRS "1-9 form? ® Did the business owner provide documentation verifying loss of revenue due to COVID-19? ® Has the business owner provided a proposed use of grant funds? ® Did the business include confirmation of an active registration with SAM.gov? REVIEWER COMMENTS AND SIGNATURE Owens Custom Rugs LLC has completed the IRC Small Business Recovery Grant application. It is our opinion that this business operates within the targeted industry sec ors a meets gran rogram's eligibility requirements. Owens Custom Rugs LLC is recommended for p roval. 1 IRC Chamber Reviewer Name: —Helene Caseltine_ Signature: cS IRC Chamber/ED Director — Recommend for Approval Yes No IRC Reviewer Name: Signature: IRC — Recommend for Approval Yes No APPLICATION Indian River County ARP Small Business Recovery Grant 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 ... Proof of registration with the federal government, go to www.SAM.gov State of Florida business registration from the Florida Division of Corporation showing the business is registered in Indian River County (except for 1099 employees); visit the SunBiz website for assistance �_to q y �cT1 oYEL')r� ❑ City or Indian River County Business License [�A copy of the business owner's(s) Driver's License or other photo government -issued identification C� Full employee list as of March I, 2021, noting if full-time or part-time (wage information is not needed) Completed and signed current IRSW-9 form - Request for Taxpayer Identification Number and Certification (visit the IRS website for assistance) Documentation verifying loss of revenue due to COVID-19 (Profit & Loss, QuickBooks, copies of FL Dept. of Revenue monthly sales reports, Merchant Services reports) Y Brief explanation of the proposed use of grant funds Complete the application, and upload using the website: www.ircbiz.net Or, email your completed application and required documents to: grants(cDindianrivered.com If sending by email, please scan your application and all required documents into one pdf document .21 Indian River County Small Business Recovery Grant 2021— ROUND 4 Page 3 of 9 z—""'° 344 APPLICATION ARP Small Business Recovery Grant Company Information Full Legal Business Name: Deborah Coon Please indicate your business structure (Choose one): Lx Sole Proprietor or Partnership ❑ C -Corporation or S -Corporation 11 Limited Liability Company (LLC) 0 1099/Contract Worker Please indicate your business type - see page 2 for a list of eligible businesses 711130 Business Phone Number: h 0Cell Phone Number: i- 0 - Current Current Business Address: P O Box 700013, Wabasso, FL 32970 City: Wabasso State: FL Zip Mailing Address, if different from above NOTE: Be sure to provide your preferred mailing address on your completed W9 form; this is where the grant check is mailed if your application is approved. Business Website: www.celestecenter.com Primary E-mail Address: celestecan@hotmail.com Primary Owner's Name: Deborah Cooney Additional Owners' Names: -�) Indian River County Small Business Recovery Grant 2021— ROUND 4 Page 4 of 9 ``°�' 345 Description of business and products services offered: Musical performance Qualifying Questions Have you registered your business on the www.SAM.gov website? Y Yes No Was your company registered and operational in Indian River County, FL as of 10/1/2019? x Yes No Is your business locally or independently owned? x Yes No How many FTE employees, including yourself, did you have as of March 1, 2021? Full-time (30+ hours/week)1 ,e_ Part-time (NOTE: 2 part-time employees equal 1 full-time FTE) Is the business up-to-date on its tangible personal property and/or real estate taxes? x Yes No Are the business and business owners in good standing? x Yes No (no active judgements, liens, bankruptcies, arbitration settlements requiring withholding of funds, convicted felons, court costs or criminal victim reimbursement programs) Have you applied for, or received, CARES Act grant funding from a municipality in Indian River County, FL? Yes x No Have you previously received CARES Act grant funding from Indian River County government? Yes x No Amount of funds you are requesting (maximum $10,000) $10,000 Indian River County Small Business Recovery Grant 2021— ROUND 4 Page 5 of 9 346 Briefly explain how you intend to use the grant funds. NOTE: Funds may not be used for the exact same expense that was previously paid by other federal programs Purchase and maintain musical instruments and equipment, supplies, advertising, travel expense, postage, copying and printing. Grant Information This is a grant program, so no payback is required. Funds may be used for business- related expenses incurred after March 3, 2021. These funds may be considered taxable income, so please contact your tax professional for guidance. There is no deadline to apply. The Indian River County Small Business Recovery Grant has a limited amount of funds available and applications will be accepted until funds are exhausted. Funds may not be used for the exact same expense that was reimbursed by another federal program (example: If your business received other assistance for rent payments for the months of May and Jure, and you intend to use this grant for rent, you can use this grant for rent for different months, such as July and August.) NOTE: If you have applied for and/or received grant funding from a municipality within Indian River County, you are ineligible to apply or receive funds from the Indian River County Small Business Recovery Grant program. Or, if you have already received funds from the County's Small Business Recovery Grant program, you are ineligible to submit another application for a new grant for the same business. Any questions, please contact Helene Caseltine, Economic Development Director with the Indian River County Chamber of Commerce, 772-567-3491. These are limited funds that will be distributed on a first -submitted and eligible application basis. Please submit your application online in its entirety, including required documentation, using the website: www.ircbiz.net Or, email your completed application package to: grants@indianrivered.com If sending by email, please scan your application and all required documents into one pdf document 1j, foss" Indian River County Small Business Recovery Grant 2021— ROUND 4 Page 6 of 9 347 Acknowledgement & Signature Completion and submission of the application by the Applicant to Indian River County via the Indian River Chamber of Commerce is merely a request for grant funds and shall not be construed as an approval nor commitment by Indian River County. Printed Name(s) Deborah Cooney Authorized Signature(s) /c/nphnrah Connery Date 11-17-21 Please submit your application online in its entirety, including the required documentation, via the website: www.ircbiz.net Or, email your application to: grants@indianrivered.com If sending by email, please scan your application and all required documents into one pdf document If you would like to schedule free small business counseling services, click here to register with the FL Small Business Development Center a Indian River State College. The Indian River County Chamber of Commerce will review your application and confirm that all required documents are included. Chamber staff will then forward your application package to County staff for final review and grant disbursement. Please allow approximately 3+ weeks fcr processing. ��%\i1VFRC 4' Indian River County Small Business Recovery Grant 2021— ROUND 4 Page 9 of 9 t K v!nn�q� 348 THIS PORTION INTENTIONALLY LEFT BLANK 4 DETACH HERE 4 DISCARD THIS PORTION BEFORE MAILING 4 DETACH MERE 4 ----------------------------------------------------------------------------- 2021 - 2022 LOCAL BUSINESS TAX INDIAN RIVER COUNTY, FLORIDA MUST BE DISPLAYED IN A CONSPICUOUS PLACE TYPE OF 275 MISCELLANEOUS BUSINESS BUSINESS 910 REGENCY SQ ADDRESS VERO BEACH, FL 32967 NAME DEBORAH COONEY MAILING COONEY, DEBORAH ADDRESS PO BOX 700013 WABASSO, FL 32970 Paid 01/06/2022 0.00 143-00000101 ACCOUNT# 24539 RECEIPT # 6004 EXPIRES SEPTEMBER 30, 2022 AMOUNT 0.00 PENALTY 0.00 TRANSFER 0.00 TOTAL 0.00 This receipt is in addition to and not in lieu of any other license required by law or municipal ordinance and is subject to regulations of zoning, health and any other lawful authority. Owner must notify the Tax Collector's Office of any changes in business name, ownership, location address or mailing address. CAROLE JEAN JORDAN, CFC TAX COLLECTOR INDIAN RIVER COUNTY, FLORI'�49 2019-20 INCOME STATEMENT— CELESTE 2019 Income 2020 Income January $2000 January $2,670 February $2,055 February $2,615 March $2,825 March $1,590 First Quarter $6,880 First Quarter $6,875 April $2,275 April $ 275 May $1,930 May $ 220 June $2,310 June 220 Second Quarter $6,515 Second Quarter $ 715 July $2,220 July $ 275 August $1,715 August $ 220 September $1,275 September 220 Third Quarter $5,210 Third Quarter $ 715 October $2,350 October $ 275 November $2,215 November $ 220 December $3,305 December 275 Fourth Quarter $7,870 Fourth Quarter $ 770 2019 Total $26,475 2020 Total $9,075 350 Deborah Cooney AKA Celeste P O Box 700013 Wabasso, FL 32970 772-480-7181 celestecan@hotmail.com http://www.celestecenter.com INVOICE BILL TO: Ryan Klemmer - Activity Director Certified Lake Forest Park- Senior Living 2909 S 25th St. Fort Pierce, FL 34981 Phone: (772) 466-1919 FOR: Musical entertainment for Valentine's Day, February 14, 2020, 4:00-5:00 pm AMOUNT DUE: $100 Please make all checks payable to Deborah Cooney Thank you! 351 q�5 z2,, STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-91 (Essential Services and Activities During COVID-19 Emergency) WHEREAS, on March 1, 2020, I issued Executive Order 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt fax -reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, recommending restrictions to certain establishments conducive to mass gatherings and congregations; and WHEREAS, on March 29, 2020, the President extended such guidance to be in effect until April 30, 2020; and WHEREAS, on March 31, 2020, the President updated the guidance, renaming it `°30 Days to Slow the Spread", and along with the White House Coronavirus Task Force urged Americans to continue to adhere to the guidelines and expand community mitigation efforts; �! 551-1 WHEREAS, the majority of individuals in Florida that have tested positive for COVID-19 have been concentrated in its southeastern counties and other urban cores; and WHEREAS, positive cases of COVID-19 have continued to rise in other states in close proximity to Florida, resulting in increased risk to counties in northern Florida; and WHEREAS, many thousands of people fled the New York City region to Florida following New York State issuing a "shelter -in-place" order, thereby jeopardizing the health and safety of Floridians; and WHEREAS, on March 23, 2020, I issued Executive Order 20-80, requiring all individuals that fly into Florida from states with substantial community spread to self -isolate in Florida for 14 days or the duration of their trip, whichever is shorter; and WHEREAS, on March 27, 2020, 1 issued Executive Order 20-86, requiring all individuals that drive into Florida from states with substantial community spread to self- isolate elf isolate in Florida for 14 days or the duration of their trip, whichever is shorter; and WHEREAS, persistent interstate travel continues to pose a risk to the entire state of Florida; and WHEREAS, on March 24, 2020, I issued Executive Order 20-83, directing the State Surgeon General and State Health Officer to issue a public health advisory urging the public to avoid all social or recreational gatherings of 10 or more people and urging those who can work remotely to do so; and WHEREAS, it is necessary and appropriate to take action to ensure that the spread of COVID-19 is slowed, and that residents and visitors in Florida remain safe and secure. NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitutiop Chapter ;51-21 252, Florida Statutes, and all otherapplicable laws, promulgate the following Executive Order totake immediate effect: Section 1. Safer At Home A. Senior citizens and individuals with a significant underlying medical condition (such as chronic lung disease, moderate-to-severe asthma, serious heart conditions, immunocompromised status, cancer, diabetes, severe obesity, renal failure and liver disease) shall stay at home and take all measures to limit the risk of exposure to COVID-19. B. In concert with the efforts of President Trump and the White House Coronavirus Task Force to fight COVID-19, and based on guidance provided by Florida Surgeon General and State Health Officer, Dr. Scott Rivkees, all persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities. Section 2. Essential Services A. For purposes of this Order and the conduct it limits, "essential services" means and encompasses the list detailed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, v. 2 (March 28, 2020) (attached) and any subsequent lists published. B. Essential services also include those businesses and activities designated by Executive Order 20-89 and its attachment which consists of a list propounded by Miami -Dade County in multiple orders. C. Other essential services may be added under this Order with the approval of the State Coordinating Officer, in close coordination with the State Health Officer, The State Coordinating Officer shall maintain an online list of essential services, as specified in this Order along with any approved additions. The online list shall be available on the Division of 3 3'51.,3 Emergency Management's website at www.floridadisaster.org and the Florida Department of Health's website at www.floridahealth.gov. D. Nothing in this order prohibits individuals from working from home; indeed, this Order encourages individuals to work from home. E. All businesses or organizations are encouraged to provide delivery, carry -out or curbside service outside of the business or organization, of orders placed online or via telephone, to the greatest extent practicable. Section 3. Essential Activities A. For purposes of this Order and the conduct it limits, "essential activities" means and encompasses the following. i. Attending religious services conducted in churches, synagogues and houses of worship; and ii. Participating in recreational activities (consistent with social distancing guidelines) such as walking, biking, hiking, fishing, hunting, running, or swimming; and iii. Taking care of pets; and iv. Caring for or otherwise assisting a loved one or friend. B. Other essential activities may be added to this list with the approval of the State Coordinating Officer, in close coordination with the State Health Officer. The State Coordinating Officer shall maintain an online list of essential activities, as specified in this Order along with any approved additions. C. A social gathering in a public space is not an essential activity. Local jurisdictions shall ensure that groups of people greater than ten are not permitted to congregate in any public space. 4 351-4 Section 4. Local Orders in Response to COVID-19 This Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19 but only to the extent that such action or order allows essential services or essential activities prohibited by this Executive Order, Section 5. Previous Executive Orders This Executive Order does not supersede any Executive Order related to COVID-19. Section 6. Effective Date and Expiration Date This Order is effective 12:01 am on April 3, 2020. This Order shall expire on April 30, 2020 unless extended by subsequent order. Executive Order 20-68 (bars.. restaurants) and Executive Order 20-71 (alcohol sales, restaurants) shall remain in effect through the duration of Executive' Order 20-52, including any extensions. ATTEST: §ECkETARY OF STATE IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee. this I st day of April, 2020 1 35t-5 U.S. Department of Homeland Security Cybersecurity & infrastructure Security Agency O(trice 4!1 the Direrlor Washington, DC 20528 March 28, 2020 ADVISORY MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE FROM: Christopher C. Krebs Director Cybersecurity and Infrastructure Security Agency (CISA) As the Nation cones together to slow the spread of COVID-19, on March 16th the President issued updated Coronavinis Guidance for America that highlighted the importance of the critical infrastructure workforce. The Cybersecurity and Infrastructure Security Agency (CISA) executes the Secretary of Homeland Security's authorities to secure critical infrastructure. Consistent with these authorities, CISA has developed, in collaboration with other federal agencies, State and local governments, and the private sector, an "Essential Critical Infrastructure Workforce" advisory list. This list is intendedto help State, local, tribal andtemtorial officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security. Decisions informed by this list should also take into consideration additional public health considerations based on the specific COVID-I 9 -related concerns of particular jurisdictions. This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard. Additionally, this advisory list is not intended to be the exclusive list of critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions. Individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion. The advisorylist identifies workers who conduct a range of operations and services that are typically essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing operational functions, among others. It also includes workers who support crucial supply chains and enable functions for critical infrastructure. The industries they support represent, but are not limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, 351- CICA 11%*GY6ER+INiRAS1RUC7URE March 28, 2020 ADVISORY MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE FROM: Christopher C. Krebs Director Cybersecurity and Infrastructure Security Agency (CISA) As the Nation cones together to slow the spread of COVID-19, on March 16th the President issued updated Coronavinis Guidance for America that highlighted the importance of the critical infrastructure workforce. The Cybersecurity and Infrastructure Security Agency (CISA) executes the Secretary of Homeland Security's authorities to secure critical infrastructure. Consistent with these authorities, CISA has developed, in collaboration with other federal agencies, State and local governments, and the private sector, an "Essential Critical Infrastructure Workforce" advisory list. This list is intendedto help State, local, tribal andtemtorial officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security. Decisions informed by this list should also take into consideration additional public health considerations based on the specific COVID-I 9 -related concerns of particular jurisdictions. This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard. Additionally, this advisory list is not intended to be the exclusive list of critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions. Individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion. The advisorylist identifies workers who conduct a range of operations and services that are typically essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing operational functions, among others. It also includes workers who support crucial supply chains and enable functions for critical infrastructure. The industries they support represent, but are not limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, 351- and public works. State, local, tribal, and territorial governments are responsible for implementing and executing response activities, including decisions about access and reentry, in their communities, while the Federal Government is in a supporting role. Officials should use their own judgment in issuing implementation directives and guidance. Similarly, while adhering to relevant public health guidance, critical infrastructure owners and operators are expected to use their own judgement on issues of the prioritization of business processes and workforce allocation to best ensure continuity of the essential goods and services they support. All decisions should appropriately balance public safety, the health and safety of the workforce, and the continued delivery of essential critical infrastructure services and functions. While this advisory list is meant to help public officials and employers identify essential work functions, it allows for the reality that some workers engaged in activity determined to be essential may be unable to perform those functions because of health-related concerns. CISA will continue to work with our partners in the critical infrastructure community to update this advisory list if necessary as the Nation's response to COVID-19 evolves. Should you have questions about this list, please contact CISA at C1SA.CA'I'(dicisa.dhs,gQy. Attachment: "Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 2.0" 351-I Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience In COVID-19 Response Version 2.0 (March 28, 2020) ''HE IMPORTANCE OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS =unctioning critical infrastructure is imperat've during the response to the COVID-19 emergency for both public health and safety as well as community well-being. Certain critical infrastructure industries have a special responsibility in these rimes to continue operations. Ihis advisory guidance and accompanying list are irtended to support state, local, tribal, territorial and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on daily and that need to be ab,e to operate resiliently during the COVID-19 pandemic response. 'his document gives advisory guidance on defining essential critical infrastructure workers. Promoting the ability of such workers to continue to work during periods cf cornmunity restriction, access management, social distancing, or closure orders/directives is crucial to community resilience and continuity of essential functions. LISA will continually solicit and accept feedbact cn the list and will evolve the list in response to stakeholder feedback. We will also use our various stakeholder engagement mechanisms to work with partners on how they are using this list and share those lessons learned and best practiGes broadly. Feedback can be sent to CISA.CAT@CISA.DHS.GOV. CONSIDERATIONS FOR GOVERNMENT AND BUSINESS tnis list was developed in consultation with federal agency partners, industry experts, and State and local officials, and is based on several key principles: 1. Response efforts to the COVID-19 panders c are locally executed, state managed, and federally supported. 2. Everyone should follow guidance frons he CDC, as well as State and local government officials, regarding strategies to limit disease spread. 3. Workers should be encouraged to work rem•:)tely when possible and focus on core business activities. In- person, non -mandatory activities should he delayed until the resumption of normal operations. 4. When continuous remote work is not possib'e, businesses should enlist strategies to reduce the likelihood of spreading the disease. This includes, but is not necessarily limited to, separating staff by off -setting shift hours or days and/or social distancing. These steps can preserve the workforce and allow operations to continue. 5. All organizations should implement their business continuity and pandemic plans or put plans in place if they do not exist. Delaying implementation is not advised and puts at risk the viability of the business and the health and safety of the employees. 6. Reliance on technology and just -in -time supply chains means that certain workers must be able to access certain sites, facilities, and assets to ensure continuity of functions. 7. Government employees, such as emergency managers, and the business community need to establish and maintain lines of communication. 8. When government and businesses engage in discussions about essential critical infrastructure workers,they need to consider the implications of business operations beyond the jurisdiction where the asset or facility is located. Businesses can have sizeable economic and societal impacts as well as supply chain dependencies that are geographicallydistributed. 9. Whenever possible, jurisdictions should align access and movement control policies related to critical infrastructure workers to lower the burden of workers crossing jurisdictional boundaries. IDENTIFYING ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS The following list of identified essential critical infrastructure workers is intended to be overly inclusive reflecting the diversity of industries across the United States. CC7ommma:roacatrano Muttt+paro 6 ►use Ywarin �., Transportsttonn Utica tntarrruu,an e� Manuta�lurkng Tcxizetsrio�;,>,< ++ OoeftROFC1A1 Otrtonse FOWa ....,.. F6CNit Irniusin t &ase w Jktiv lture F y—� Nu _9anr Reactors, Ga,n� Cnerp Materials 6 W84tn -.-: 4k 00vor fREpt Fat:lgtbs F'triietc4tt ' � HEALTHCARE / PUBLIC HEALTH • Workers who perform critical clinical research, development, and testing needed for COVID-19 response. • Healthcare providers and Caregivers including physicians, dentists, psychologists, mid-level practitioners, nurses and assistants, infection control and quality assurance personnel, pharmacists, physical and occupational therapists and assistants, social workers, optometrists, speech pathologists, chiropractors, and diagnostic and therapeutic technicians and technologists. • Hospital and laboratory personnel (including accounting, administrative, admitting and discharge, engineering, epidemiological, source plasma and blood donation, food service, housekeeping, medical records, information technology and operational technology, nutritionists, sanitarians, respiratory therapists, etc.). • Workers in other medical and biomedical facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics, Community Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease, Health Departments, Home Health care, Hospices, Hospitals, Long Term Care, Nursing Care Facilities, Organ Pharmacies, Procurement Organizations, Psychiatric Residential, Rural Health Clinics and Federally Qualified Health Centers, and retail facilities specializing in medical good and supplies). • Manufacturer workers for health manufacturing (including biotechnology companies), materials and parts suppliers, logistics and warehouse operators, distributors of medical equipment (including those who test and repair), personal protective equipment (PPE), isolation barriers, medical gases, pharmaceuticals (including materials used in radioactive drugs), dietary supplements, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products. • Public health/ community health workers, including those who compile, model, analyze and communicate public health information. • Blood and plasma donors and the employees of the organizations that operate and manage related activities. • Workers who manage health plans, billing, and health information, who cannot practicallywork remotely. • Workers who conduct community-based public health functions, conducting epidemiologic surveillance, compiling, analyzing and communicating public health information, who cannot practicallywork remotely. • Workers performing information technologyand cybersecurity functions at healthcare and public health facilities, who cannot practically work remotely. • Workers performing security, incident management, and emergency operations functions at or on behalf of healthcare entities including healthcare coalitions, who cannot practicallywork remotely. • Pharmacy employees necessary to maintain uninterrupted prescription filling. • Workers performing mortuary funeral, cremation, burial, cemetery, and related services, including funeral homes, crematoriums, cemetery workers, and coffin makers. • Workers who coordinate with other organizations to ensure the proper recovery, handling, identification, transportation, tracking. storage, and disposal of human remains and personal effects; certify cause of death; and facilitate access to mental/behavioral health services to the family members, responders, and survivors of an incident. 51 LAW ENFORCEMENT, PUBLIC SAFETY, AND OTHER FIRST RESPONDERS • Public, private, and voluntary personnel (front line and management) in emergency management, law enforcement, fire and rescue services, emergency medical services, and private security, to include public and private hazardous material responders, air medical service providers (pilots and supporting technicians), corrections, and search and rescue personnel. • 911 call centeremployees and Public Safety Answering Points who can't perform their duties remotely. • Fusion Centeremployees. • Workers - including contracted vendors - who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations (to include electronic security and life safety security personnel). • Workers supporting the manufacturing of safety equipment and uniforms for law enforcement, public safety personnel, and first responder. • Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges. • Public agency workers responding to abuse and neglect of children, elders, and dependentadults. • Workers who support weather disaster/ natural hazard mitigation and prevention activities. • Security staff to maintain building access control and physical security measures. FOOD AND AGRICULTURE • Workers supporting groceries, pharmacies, convenience stores, and other retail (including unattended and vending) that sells human food, animal/pet food and pet supply, and beverage products, including retail customer support service and information technology support staff necessary for online orders, pickup and delivery. • Restaurant carry -out and quick serve food operations, including dark kitchen and food prep centers, and carry- out and delivery food employees. • Food manufacturer employees and their supplier employees -to include those employed in food ingredient production and processing facilities; livestock, poultry, seafood slaughter facilities; pet and animal feed processing facilities; human food facilities producing by-products for animal food; beverage production facilities; and the production of food packaging. • Farmers, farm workers, and agribusiness support services to include those employed in auction and sales: grain and oilseed handling, processing and distribution; animal food, feed, and ingredient production, packaging, and distribution; manufacturing, packaging, and distribution of veterinary drugs; truck delivery and transport; farm and fishery labor needed to produce our food supply domestically and for export. • Farmers, farm workers, support service workers, and their supplier employees to include those engaged in producing and harvestingfield crops; commodity inspection; fuel ethanol facilities; biodiesel and renewable diesel facilities; storage facilities; and other agricultural inputs. • Employees and firms supporting the distribution of food, feed, and beverage and ingredients used in these products, including warehouse workers, vendor- managed inventory controllers and blockchain managers. • Workers supporting the sanitation and pest control of all food manufacturing processes and operations from wholesale to retail. • Employees in cafeterias used to feed employees, particularly employee populations sheltered againstCOVIR-19. • Workers in animal diagnostic and food testing laboratories in private industries and in institutions of higher education. CONNECT WITH US ® t.inkedin.com/company/cybersecurity- www.clsa.gov and -infrastructure -security -agency © CCISAgov @cyber I C>uscert—gov For more information, email CISA.CAT@clsa.dhs.gov El Facebook.com/CISA • Government, private, and non-governmental organizations' workers essential for food assistance programs (including school lunch programs) and government payments. • Employees of companies engaged in the production, storage, transport, and distribution of chemicals, medicines, vaccines, and other substances used by the food and agriculture industry, including seeds, pesticides, herbicides, fertilizers, minerals, enrichments, and other agricultural production aids. • Animal agriculture workers to include those employed in veterinary health (including those involved in supporting emergency veterinary or livestock services); raising of animals for food; animal production operations; livestock markets; slaughter and packing plants, manufacturers, renderers, and associated regulatory and government workforce. • Transportation supporting animal agricultural industries, including movement of animal medical and reproductive supplies and materials, animal vaccines, animal drugs, feed ingredients, feed, and bedding, live animals, animal by-products, and deceased animals fordisposal. • Workers who support sawmills and the manufacture and distribution of fiber and forest products, including, but not limited to timber, paper, and other wood and fiber products. • Employees engaged in the manufacture and maintenance of equipment and other infrastructure necessary for agricultural production and distribution. ENERGY • Workers supporting the energy sector, regardless of the energy source (including but not limited to nuclear, fossil, hydroelectric, or renewable), segment of the system, or infrastructure the worker is involved in, or who are needed to monitor, operate, engineer, and maintain the reliability, safety, environmental health, and physical and cyber security of the energy system. • Energy/commodity trad ing/sc hod u ling/ ma rketi ng functions, who can't perform their dutiesremotely. • IT and OT technology for essential energy sector operations including support workers, customer service operations; energy management systems, control systems, and Supervisory Control and Data Acquisition SCADA systems, and energy sector entity data centers; cvbersecurity engineers; and cybersecurity risk management. • Workers supporting the energy sector through renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen, ocean, geothermal, and/or hydroelectric), including those supporting construction. manufacturing, transportation, permitting, operation/maintenance, monitoring, and logistics. • Workers and security staff involved in nuclear re fueling operations. • Providing services related to energy sector fuels (including, but not limited, petroleum (crude oil), natural gas, propane, natural gas liquids. other liquid fuels, nuclear, and coal), supporting the mining, processing, manufacturing, construction, logistics, transportation, permitting, operation/maintenance, security, waste disposal and storage, and monitoring of support for resources. • Environmental remediation/monitoring, limited to immediate critical needs technicians. • Manufacturing and distribution of equipment, supplies, and parts necessary to maintain production, maintenance, restoration, and service at energy sector facilities (across all energy sector segments). Electricity industry: • Workers who maintain, ensure, or restore, or are involved in the development, transportation, fuel procurement, expansion, or operation of the generation, transmission, and distribution of electric power, including call centers, utility workers, engineers, retail electricity, constraint maintenance, and fleet maintenance technicians - who cannot perform their duties remotely. Workers at coal mines, production facilities, and those involved in manufacturing, transportation, permitting, operation/maintenance and monitoring at coal sites which is critical to ensuring the reliability of the electrical system. �)5 1 - (?i • Workers who produce, process, ship and handle coal used for power generation and manufacturing. • Workers needed for safe and secure operations at nuclear generation to include but not limited to, the broader nuclear supply chain, parts to maintain nuclear equipment, fuel manufacturers and fuel components used in the manufacturing of fuel. • Workers at renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen, geothermal, and/or hydroelectric), including those supporting construction, manufacturing, transportation, permitting, operation/maintenance, monitoring, and logistics. • Workers at generation, transmission, and electric black start facilities. • Workers at Reliability Coordinator, Balancing Authorities, and primary and backup Control Centers, including but not limited to independent system operators, regional transmission organizations, and local distribution control centers. • Mutual assistance personnel which may include workers from outside of the state or local jurisdiction. • Vegetation management and traffic control for supporting those crews. • Environmental remediation/monitoring workers limited to immediate critical needstechnicians. • Instrumentation, protection, and control technicians. • Essential support personnel for electricity operations. • Generator set support workers such as diesel engineers used in powergeneration including those providing fuel. Petroleum industry: • Workers for onshore and offshore petroleum drilling operations; platform and drilling construction and maintenance; transportation (including helicopter operations), maritime transportation, supply, and dredging operations; maritime navigation; well stimulation, intervention, monitoring, automation and control, extraction, production: processing; waste disposal, and maintenance, construction, and operations. • Workers for crude oil, petroleum and petroleum product storage and transportation, including pipeline, marine transport, terminals, rail transport, storage facilities and racks and roadtransport for use as end- use fuels such as gasoline, diesel fuel, jet fuel, and heating fuels or feedstocks for chemical manufacturing. • Petroleum and petroleum product security operations center employees and workers who support maintenance andemergency response services. • Petroleum and petroleum product operations control rooms/centers and refinery facilities. • Retail fuel centers such as gas stations and truck stops, and the distribution systems that support them. • Supporting new and existing construction projects, including, but not limited to, pipeline construction. Natural Gas, Natural Gas Liquids (NGL), Propane, and other liquid fuels • Workers who support onshore and offshore drilling operations, platform and drilling construction and maintenance; transportation (including helicopter operations), maritime transportation, supply, and dredging operations; maritime navigation; natural gas and natural gas liquid production, processing, extraction, storage and transportation; well intervention, monitoring, automation and contro; waste disposal, and maintenance, construction, and operations, • Transmission and distribution pipeline workers, including compressor stations and any other required, operations maintenance, construction, and support for natural gas, natural gas liquid, propane, and other liquid fuels. • Natural gas, propane, natural gas liquids, and other liquid fuel processing plants, including construction, maintenance, ar support operations. • Natural gas processing plants workers, and those that deal with natural gas liquids, • Workers who staff natural gas, propane, natural gas liquids, and other liquid fuel security operations centers, operations dispatch and control rooms/centers, and emergency response and customer emergencies (including leak calls) operations. -�C;( ,I ; chemical manufacturing, or use in electricitygeneration. • Dispatch and control rooms and emergency response and customer emergencies, including propane leak calls. • Propane gas service maintenance and restoration, including call centers. • Propane, natural gas liquids, and other liquid fuel distribution centers. • Propane gas storage, transmission, and distribution centers. • Supporting new and existing construction projects, including, but not limited to, pipeline construction. • Ethanol and biofuel production, refining, and distribution. • Workers in fuel sectors (including, but not limited to nuclear, coal, and gas types and liquid fuels) supporting the mining, manufacturing, logistics, transportation, permitting, operation/maintenance, and monitoring of support for resources. WATER AND WASTEWATER Employees needed to operate and maintain drinking water and wastewater/drainage infrastructure, including: • Operational staff at waterauthorities. • Operational staff at community watersystems. • Operational staff at wastewater treatment facilities. • Workers repairing water and wastewater conveyances and performing required sampling or monitoring, including field staff. • Operational staff for water distribution and testing. • Operational staff at wastewater collection facilities. • Operational staff and technical support for SCADA Control systems. • Chemical and equipment suppliers to water and wastewater systems and personnel protection. • Workers who maintain digital systems infrastructure supporting waterand wastewater operations. TRANSPORTATION AND LOGISTICS • Employees supporting or enabling transportation functions, including truck drivers, bus drivers, dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers, Department of Motor Vehicle (DMV) employees, towing/recovery services, roadside assistance workers, intermodal transportation personnel, and workers who maintain and inspect infrastructure (including those that require cross jurisdiction travel). • Workers supporting the distribution of food, pharmaceuticals (including materials used in radioactive drugs) and other medical materials, fuels, chemicals needed for water or water treatment and energy Maintenance and operation of essential highway infrastructure, including roads, bridges, and tunnels (e.g., traffic operations centers and moveable bridge operators). • Employees of firms providing services, supplies, and equipment that enable warehouse and operations, including cooling, storing, packaging, and distributing products for wholesale or retail sale or use. Includes cold- and frozen -chain logistics for food and critical biologic products. • Mass transit workers and providing critical transit services and/or performing critical or routine maintenance to mass transit infrastructure or equipment. • Employees supporting personal and commercial transportation services - including taxis, delivery services, vehicle rental services, bicycle maintenance and car -sharing services, and transportation network providers. • Workers responsible for operating and dispatching passenger, commuter and freight trains and maintaining rail infrastructure and equipment. • Maritime transportation workers, including dredgers, port workers, mariners, ship crewmembers, ship pilots and 351-14 � It �� tug boat operators, equipment operators (to include maintenance and repair, and maritime -specific medical providers), ship supply, chandler, and repair companies. • Workers including truck drivers, railroad employees and contractors, maintenance crew, and cleaners supporting transportation of chemicals, hazardous, medical, and waste materials to support critical infrastructure. capabilities, functions, and services, including specialized carriers, crane and rigging industry workers. • Bus drivers and workers who provide or support intercity, commuter and charter bus service in support of other essential services or functions. • Automotive repair, maintenance, and transportation equipment manufacturing and distribution facilities (including those who repair and maintain electric vehicle charging stations). • Transportation safety inspectors, including, hazardous material inspectors and accident investigator inspectors. • Manufacturers and distributors (to include service centers and related operations) of packaging materials, pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and distribution operations. • Postal, parcel, courier, last -mile delivery, and shipping and related workers, to include private companies. • Employees who repair and maintain vehicles. aircraft, rail equipment, marine vessels, bicycles, and the equipmentand infrastructure that enables operations that encompass movement of cargo and passengers_ • Air transportation employees, including airtraffic controllers and maintenance personnel, ramp workers, aviation and aerospace safety, security, and operations personnel and accident Investigations. • Workers who support the operation, distribution, maintenance, and sanitation, of air transportation for cargo and passengers, including flight crews, maintenance, airport operations, those responsible for cleaning and disinfection, and other on- and off- airport facilities workers. • Workers supporting transportation via inland waterways such as barge crew, dredging, river port workers for essential goods. * Workers critical to rental and leasing of vehicles and equipment that facilitate continuity of operations for essential workforces and other essential travel. • Warehouse operators, including vendors and support personnel critical for business continuity (including HVAC & electrical engineers; security personnel; and janitorial staff) and customer service for essential functions. PUBLIC WORKS AND INFRASTRUCTURE SUPPORT SERVICES • Workers who support the operation, inspection, and maintenance of essential public works facilities and operations, including bridges, water and sewer main breaks, fleet maintenance personnel, construction of critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues. • Workers such as plumbers, electricians, exterminators, builders, contractors, HVAC Technicians, landscapers, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response. • Workers who support, such as road and line clearing, to ensure the availability of and accessto needed facilities. transportation, energy andcommunications. • Support to ensure the effective removal, storage, and disposal of residential and commercial solid waste and hazardous waste, including landfill operations. • Workers who support the operation, inspection, and maintenance of essential dams, locks and levees. • Workers who support the inspection and maintenance of aids to navigation, and other government provided services that ensure continued maritime commerce. 39 -6 COMMUNICATIONS AND INFORMATION TECHNOLOGY Communications: • Maintenance of communications infrastructure- including privately owned and maintained communication systems- supported by technicians, operators, call -centers, wireline and wireless providers, cable service providers, satellite operations, Internet Exchange Points, Points of Presence, Network Access Points, back haul and front haul facilities, and manufacturers and distributors of communications equipment. • Government and private sector employees (including government contractors) with work related to undersea cable infrastructure and support facilities, including cable landing sites, beach manhole vaults and covers, submarine cable depots and submarine cable snip facilities. • Government and private sector employees (including government contractors) supporting Departmentof Defense internet and communications facilities. • Workers who support radio, television, and media service, including, but not limited to front-line news reporters, studio, and technicians for newsgathering, and reporting, and publishing news. • Network Operations staff, engineers and/or technicians to include IT managers and staff, HVAC & electrical engineers, security personnel, software and hardware engineers, and database administrators that manage the network or operate facilities. • Engineers, technicians and associated personnel responsible for infrastructure construction and restoration, including contractors for construction and engineering of fiber optic cables, buried conduit, small cells, other wireless facilities, and other communications sector -related infrastructure. This includes construction of new facilities and deployment of new technology as these are required to address congestion or customer usage due to unprecedented use of remote services. • Installation, maintenance and repair technicians that establish, support or repair service as needed. • Central office personnel to maintain and operate central office, data centers, and other network office facilities, critical support personnel assisting front lineemployees. • Customer service and support staff, including managed and professional services as well as remote providers of support to transitioning employees to set up and maintain home offices, who interface with customers to manage or support service environments and security issues, including payroll, billing, fraud, logistics, and troubleshooting. • Workers providing electronic security, fire, monitoring and life safety services, and to ensure physical security, cleanliness and safety of facilities and personnel, including temporary licensing waivers for security personnel to work in other States of Municipalities. • Dispatchers involved with service repair and restoration. • Retail customer service personnel at critical service center locations for onboarding customers, distributing and repairing equipment and addressing customer issues in order to support individuals' remote emergency communications needs, supply chain and logistics personnel to ensure goods and products are on -boarded to provision these front-line employees. • External Affairs personnel to assist in coordinating with local, state and federal officials to address communications needs supporting COVID-19 response. public safety, and national security. Information Technology: • Workers who support command centers, including, but not limited to Network Operations Command Centers, Broadcast Operations Control Centers and Security Operations Command Centers. • Data center operators, including system administrators, HVAC & electrical engineers, security personnel, IT managers and purchasers, data transfer solutions engineers, software and hardware engineers, and database administrators, for all industries (including financial services). 3 51- [� • Workers who support client service centers, field engineers, and other technicians and workers supporting critical infrastructure, as well as manufacturers and supply chain vendors that provide hardware andsoftware, support services, research and development, and information technology equipment (to include microelectronics and semiconductors), and HVAC and electrical equipment for critical infrastructure, and test labs and certification agencies that qualify such equipment(to include ;microelectronics, optoelectronics, and semiconductors) for critical infrastructure, including data centers. • Workers needed to preempt and respond to cyber incidents involving critical infrastructure, including medical facilities, SLTT governments and federal facilities, energy and utilities, and banks and financial institutions, securities/other exchanges, other entities that support the functioning of capital markets, public works, critical manufacturing, food & agricultural production, transportation, and other critical infrastructure categories and personnel, in addition to all cyber defense workers (who can't perform 'heir duties remotely). • Suppliers, designers, transporters and other worliers supporting the manufacture, distribution and provision and construction of essential global, national and local infrastructure for computing services (including cloud computing services and telework capabilities). business infrastructure, financial transactions/services, web - based services, and critical manufacturing. Workers supporting communications systems and information technology- and work from home solutions- used by law enforcement, public safety, medical, energy, public works, critical manufacturing, food & agricultural production, financial services, education, and other critical industries and businesses. • Employees required in person to support Software as a Service businesses that enable remote working, performance of business operations, distance learning, media services, and digital health offerings, or required for technical support crucial for business continuity and connectivity. OTHER COMMUNITY- OR GOVERNMENT -BASED OPERATIONS AND ESSENTIAL FUNCTIONS • Workers to ensure continuity of building functions, including but not limited to security and environmental controls (e.g., HVAC), the manufacturing and distribution of the products required for these functions, and the permits and inspections for construction supporting essential infrastructure. • Elections personnel to include both public and private sector elections support. • Workers supporting the operations of the judicialsystem. • Federal, State, and Local, Tribal, and Territorial employees who support Mission Essential Functions and communications networks. • Trade Officials (FTA negotiators; international data flow administrators). • Employees necessary to maintain news and media operations across various media. • Employees supporting Census 2020. • Weather forecasters. • Clergy for essential support. • Workers who maintain digital systems infrastructure supporting other critical government operations. • Workers who support necessary credentialing, vetting and licensing operations for critical infrastructure workers. • Customs and immigration workers who are critical to facilitating trade in support of the national emergency response supply chain. • Educators supporting public and private K-12 schools, colleges, and universities for purposes of facilitating distance learning or performing other essential functions. • Staff at government offices who perform title search, notary, and recording services in support of mortgage and real estate services and transactions. 351- it • Residential and commercial real estate services, including settlement services. • Workers supporting essential maintenance, manufacturing, design, operation, inspection, security, and construction for essential products, services, and supply chain and COVID 19 relief efforts. CRITICAL MANUFACTURING • Workers necessary for the manufacturing of metals (including steel and aluminum), industrial minerals, semiconductors, materials and products needed for medical supply chains, and for supply chains associated with transportation, energy, communications, information technology, food and agriculture, chemical manufacturing, nuclear facilities, wood products, commodities used as fuel for power generation facilities, the operation of dams, water and wastewater treatment, processing and reprocessing of solid waste, emergency services, and the defense industrial base. Additionally, workers needed to maintain the continuity of these manufacturing functions and associated supply chains, and workers necessary to maintain a manufacturing operation in warm standby. • Workers necessary for the manufacturing of materials and products needed to manufacture medical equipment and personal protective equipment (PPE). • Workers necessary for mining and production of critical minerals, materials and associated essential supply chains, and workers engaged in the manufacture and maintenance of equipment and other infrastructure necessary for mining production and distribution. • Workers who produce or manufacture parts or equipment that supports continued operations for any essential services and increase in remote workforce (including computing and communication devices, semiconductors, and equipment such as security tools for Security Operations Centers (SOCs) ordatacenters). HAZARDOUS MATERIALS • Workers who manage hazardous materials associated with any other essential activity, including but not limited to healthcare waste (medical, pharmaceuticals, medical material production), testing operations (laboratories processing test kits), and energy (nuclear facilities) Workers at nuclear facilities, workers managing medical waste, workers managing waste from pharmaceuticals and medical material production, and workers at laboratories processing tests Workers who support hazardous materials response and cleanup. • Workers who maintain digital systems infrastructure supporting hazardous materials management operations. FINANCIAL SERVICES • Workers who are needed to provide, process and maintain systems for processing, verification, and recording of financial transactions and services, including payment, clearing, and settlement; wholesale funding; insurance services; consumer and commercial lending; and capital markets activities). • Workers who are needed to maintain orderly market operations to ensure the continuity of financial transactions and services. • Workers who are needed to provide business, commercial, and consumer access to bank and non-bank financial services and lending services, including ATMs, lending and money transmission, and to move currency, checks, securities, and payments (e.g., armored cash carriers). • Workers who support financial operations and those staffing call centers, such as those staffing data and security operations centers, managing physical security, or providing accounting services. • Workers supporting production and distribution of debit and creditcards. • Workers providing electronic point of sale support personnel for essential businesses and workers. 351 - 16 CHEMICAL • Workers supporting the chemical and industrial gas supply chains, including workers at chemical manufacturing plants, workers in laboratories, workers at distribution facilities, workers who transport basic raw chemical materials to the producers of industrial and consumer goods, including hand sanitizers, food and food additives, pharmaceuticals, paintings and coatings, textiles, building materials, plumbing, electrical, and paper products. • Workers supporting the safe transportation of chemicals, including those supporting tank truck cleaning facilities and workers who manufacture packaging items. • Workers supporting the production of protective cleaning and medical solutions, personal protective equipment, disinfectants, fragrances, and packaging that prevents the contamination of food, water, medicine, among others essential. • Workers supporting the operation and maintenance of facilities (particularly those with high risk chemicals and/ or sites that cannot be shut down) whose work cannot be done remotely and requires the presence of highly trained personnel to ensure safe operations, including plant contract workers who provide inspections. • Workers who support the production and transportation of chlorine and alkali manufacturing, single -use plastics, and packaging that prevents the contamination or supports the continued manufacture of food, water, medicine, and other essential products, including glass container manufacturing. DEFENSE INDUSTRIAL BASE • Workers who support the essential services required to meet national security commitments to the federal government and U.S. Military. These individuals include, but are not limited to, space and aerospace; mechanical and software engineers (various disciplines), manufacturing/production workers; IT support; security staff; security personnel; intelligence support, aircraft and weapon system mechanics and maintainers; and sanitary workers who maintain the hygienic viability of necessaryfacilities. • Personnel working for companies, and their subcontractors, who perform under contract or sub -contract to the Department of Defense, as well as personnel at government-owned/contractor- operated and government- owned/government-operated facilities, and who provide materials and services to the Department of Defense, including support for weapon systems, software systems and cybersecurity, defense and intelligence communications and surveillance, space systems and other activities in support of our military, intelligence and space forces. COMMERCIAL FACILITIES Is Workers who support the supply chain of building materials from production through application/insta Hat ion, including cabinetry, fixtures, doors, cement, hardware, plumbing, electrical, heating/cooling, refrigeration, appliances, paint/coatings, and employees who provide services that enable repair materials and equipment for essential functions. • Workers supporting ecommerce through distribution, warehouse, call center facilities, and other essential operational support functions. • Workers in hardware and building materials stores, consumer electronics, technology and appliances retail, and related merchant wholesalers and distributors - with reduced staff to ensure continued operations. • Workers distributing, servicing, repairing, installing residential and commercial HVAC systems, boilers, furnaces and other heating, cooling, refrigeration, and ventilation equipment. RESIDENTIAL/SHELTER FACILITIES AND SERVICES • Workers in dependent care services, in support of workers in other essential products and services. -0 • Workers who support food, shelter, and social services, and other necessities of life for needy groups and individuals, including in -need populations and COVID-19 responders (including travelling medical staff). • Workers in animal shelters. • Workers responsible for the leasing of residential properties to provide individuals and families with ready access to available housing. • Workers responsible for handling property management, maintenance, and related service calls who can coordinate the response to emergency "at-home" situations requiring immediate attention, as well as facilitate the reception of deliveries, mail, and other necessaryservices. • Workers performing housing construction related activities to ensure additional units can be made available to combat the nation's existing housing supplyshortage. • Workers performing services in support of the elderly and disabled populations who coordinate a variety of services, including health care appointments and activities of dailyliving. • Workers supporting the construction of housing, including those supporting government functions related to the building and development process, such as inspections, permitting and plan review services that can be modified to protect the public health, but fundamentally should continue and serve the construction of housing (e.g., allow qualified private third -party inspections in case of government shutdown). HYGIENE PRODUCTS AND SERVICES • Workers who produce hygiene products. • Workers in Laundromats, laundry services, and dry cleaners. • Workers providing personal and household goods repair andmaintenance. • Workers providing disinfection services, for all essential facilities and modes of transportation, and supporting the sanitation of all food manufacturing processes and operations from wholesale toretail. • Workers necessary for the installation, maintenance, distribution, and manufacturing of water andspace heating equipment and its components. • Support required for continuity of services, including commercial disinfectant services, janitorial/cleaning personnel, and support personnel functions that need freedom of movement to access facilities in support of front-line employees. 3 5 t -�v STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-89 (Emergency Management -- COVID-19 — Miami -Dade County, Broward County, Palen Beach County, Monroe County Public Access Restrictions) WHEREAS, on March 1. 2020, 1 issued Executive Order 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Ilealth Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 9, 2020, 1 issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, on March 16, 2020, President Donald J. `frump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, recommending restrictions to certain establishments conducive to mass gatherings and congregations; and WHEREAS, on March 29, 2020, the President extended such guidance to be in effect until April 30, 2020; and WHEREAS, Miami -Dade County, Broward County, and Palin Beach County have already implememcd orders restricting certain public access to non-essential retail and commercial establishments; and WHEREAS, over sixty (60) percent of Florida's identified COVID-19 cases are in these neighboring southern counties. which make up a large percentage of Florida's population; and 351- Z I WHEREAS, my Administration has consulted with the authorities from Miami-Dadc County, Broward County, Palm Beach County and Monroe County who seek to harmonize restricted public access mandates in order to establish uniformity and consistency throughout their counties of close proximity; and WHEREAS, it is necessary and appropriate to take action to ensure that COVID-19 remains controlled, and that residents and visitors in Florida remain safe and secure. NOVO', THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section {1}(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. 1 hereby order Miami -Dade County, Broward County, Palm Beach County and Monroe County to restrict public access to businesses and facilities deemed non-essential pursuant to the guidelines established by Miami -Dade County pursuant to its March 19, 2020 Emergency Carder 07-20, and as modified by subsequent amendments and orders prior to the date of this order. Section 2. At their discretion, such county administrators may determine additional "essential" retail and commercial establishments ---or other institutions providing essential services—that shall not be subject to complete closure. No count)' or local authority may restrict or prohibit any "essential" service from performing a function allowed under this order. Section 3. Essential service establishments not subject to closure shall continue to determine. adopt and maintain reasonable measures to ensure sanitation and cleanliness of premises and items that may come into contact with employees and the public, and such establishments shall take reasonable action to ensure that people adhere to the CDC's social distancing guidelines. 3SI - Zz Section 4. The above-named counties shall not institute curfews pertaining to transit to or from the essential service establishments. Section 5. This order shall remain in effect until April 15, 2020 unless renewed or otherwise modified by subsequent order. ATTEST; Ottf- #SC E TWARY OAFS T A IN TESTIMONY WHEREOF, l have hereunto set my hand and caused the Great Scal of the State of Florida to be affixed at 'Tallahassee, this 30th day . ft�h, 2020. N DESNWI . R 351 -Z3 MAW MIAMI-DADE COUNTY EMERGENCY ORDER 07-20 WHEREAS, Section 252.38(3)(a), Florida Statutes, gives political subdivisions the authority to declare and enact a State of Local Emergency for a period of up to seven days, thereby waiving the procedures and formalities otherwise required of the political subdivision by law; and WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order Number 20-51, directing the State Health Officer and Surgeon General to declare a Public Health Emergency due to the discovery of COVID-19/novel Coronavirus in Florida; and WHEREAS, on March 9, 2020, the Governor of Florida issued Executive Order dumber 20-52, declaring a State of Emergency for the state of Florida related to COV1D-19/novel Coronavirus; and WHEREAS, on March 12, 2020, the County Mayor declared a State of Emergency f'or all of Miami -Dade County; and WHEREAS, COVID-19lnovel Coronavirus poses a health risk to Miami -Dade County residents, particularly elderly residents and those who arc immunosuppressed or otherwise have high-risk medical conditions; and WHEREAS, minimization of contact is necessary to avoid risk of COVID-l9 infection for the residents of the County; and WHEREAS, the Centers for Disease Control (CDC) has issued guidance entitled") 5 Days to Slow the Spread," encouraging social distancing and maintaining a 6 foot separation between residents to slow the spread of infection and that events with more than ten attendees either be cancelled or held virtually; and WMEREAS, the CDC guidelines are based ipon the amount of community spread within a community and become more stringent where there is minimal to moderate or substantial community spread; and WHEREAS, section 813-7(2)(f) of the Code authorizes the County Mayor to order the closure. of any commercial establishment; and Page I of 5 Miami -Dade County Declaration of Local State of Emergency WHEREAS, sections 813-7(2)(e) and (o) of the Code authorize the County Mayor to limit the movement of persons inside Miami -Dade Co-Jnty in order to safeguard life and health. THEREFORE, as County Mayor of Miami -Dade County, I hereby order: I . All non-essemial retail and commercial establishments are ordered closed. 2. Essential retail and commercial businesses, which may remain open, are: a, healthcare providers, including, but not limited to. hospitals, doctors' and dentists' offices, urgent care centers, clinics, rehabilitation facilities, physical therapists, mental health professionals, psychiatrists, therapists, and pharmacies; b. Grocery stores, fanners' markets, farm and produce stands, supermarkets, food banks, convenience stores, and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pct supply, fresh meats, fish, and poultry, and any other household consumer products (such as cleaning and personal care products). This authorization includes stores that sell groceries and also sell other non -grocery products, and products necessary to maintaining the safety, sanitation, and essential operations of residences; Food cultivation, including farming, livestock, and fishing; d. Businesses that provide food, shelter, social services, and other necessities of life for economically disadvantaged or otherwise needy individuals; Newspapers, television, radio, and other media services; Gas stations and auto -supply, auto -repair;. and related facilities; Banks and related financial in_Stitutions; Hardware stores: i. Contractors and other tradesmen, appliance repair personnel, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures; j. Businesses providing mailing; and shipping services, including post office boxes; k. Private colleges, trade schools, and technical colleges, but only as needed to facilitate online or distance learning; Laundromats, dry cleaners, and laundry service providers; In. Restaurants and other facilities that prepare and serve food, but subject to the limitations and requirements of Emergency Order 3-20. Schools and other entities that typically Page 2 of 5 35( '25 Miami -Dade County Declaration of Local State of Emergency provide free food services to students or members of the public may continue to do so on the condition that the food is provided to students or members of the public on a pick-up and takeaway basis only. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site; n. Businesses that supply office products needed for people to work from home; o. Businesses that supply other essential businesses with the support at supplies necessary to operate, and which do not interact with the general public; p. Businesses that ship or deliver groceries, food, goods, or services directly to residences; q. Airlines, taxis, and other private transportation providers providing transportation services via automobile, truck, bus, or train; r. Home-based care for seniors, adults, or children; S. Assisted living facilities, nursing homes, and adult day care centers, and senior residential facilities; t. Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities; U. Landscape and pool care businesses, including residential landscape and pool care services; V. Childcare facilities providing services that enable employees exempted in this Girder to work as permitted. To the extent possible, childcare facilities should operate under the following mandatory conditions: 1. Childcare must be carried out in stable groups of 10 or fewer (inclusive of childcare providers for the group). 2. Children and child care providers shall not change from one group to another. 3. If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix or interact with each other. W. Businesses operating at any airport, seaport, at other government facility, including parks and government offices; X. Pet supply stares; Y. Logistics providers, including warehouses, trucking, consolidators, fumigators, and handlers; Z. Telecommunications providers, including sales of computer or telecommunications devices and the provision of home telecommunications; Page 3 of 5 Miami -Dade County Declaration of Local State of Emergency aa. Provision of propane or natural gas; bb. Office space and administrative support necessary to perform any of the above - listed activities; CC. Open construction sites, irrespective of the type of building; dd. Architectural, engineering, or =and surveying services; cc. Factories, manufacturing facilities, bottling plants, or other industrial uses; ff. Waste management services, including collection and disposal of waste; and gg. Any business that is interacting with customers solely through electronic or telephonic means, and delivering products via mailing, shipping, or delivery services 3. This order does not affect or limit the operations of Miami -Dade County, any public utility, any municipality, the Miami -Dade County School District, or any State or Federal office or facility, except that such entities shall abide by the restrictions of any County, Municipal, State or Federal emergency order, as applicable. 4. This order does not limit the number of persons who may be physically present performing services at any location where an essential business is being conducted except as expressly set forth herein or otherwise governed by any State or Federal order or regulation. Employers and employees are urged, but arc not required, to practice social distancing, such as keeping six feet between persons and limiting group size to less than ten people. 5. This order does not limit the number of persons who may be physically present at any religious service. Persons attending religious services are urged, but are not required, to practice social distancing, such as keeping six feet between persons and limiting group size to less than ten people. 6. The County Mayor may amend the provisions of paragraph 2, 3, and 4 by written notice to the County Clerk. 7. The provisions of this order shall serve as minimum standards. Municipalities may impose more stringent standards within their jurisdictions. 8. This order shall expire upon the expiration of the existing Miami -Dade County State of Local Emergency, except that if such State of Local Emergency is extended, this order shall also be deemed to extend for the duration of such extension. This order may be cancelled earlier by action of the County Mayor. 9. This order shall be effective as of 9:00 p.m., March 19, 2024. Page 4 of 5 351 - 2'I Miami -Dade County Declaration of Leal State of Emergency 9. This order shall be effective as of 9:00 p.m., March 19, 2020. 10. This order shall be provided to all appropriate media consistent with the requirements of section 8B -7(2)(n) of the Code of Miami -Dade County. Enacted: Signed:_ Cancelled: ► Signed: COUNTY MAYOR Date: Time: Witness: Page 5 of 5 351-M COUNTI AMENDMENT NO. Fro MIAMI-DADE COUNTY EMERGENCY ORDER 07-20 WHEREAS, on March 19, 2020, the County Mayor issued Emergency Order 07-20; and WHEREAS, Emergency Order 07-20 directed the closure of' all non-essential retail and commercial establishments and included a list of essential businesses that may still operate; and WHEREAS, Emergency Order 07-20 provided for amendment by filing written notice with the clerk; and WHEREAS, hotels., motels, other commercial lodging establishments, and temporary vacation rentals provide essential business services during emergencies; and WHEREAS, marinas and boat launches, docking, fueling, marine supply and other marina sen ices provide essential business services during emergencies, including access to living space, repair services, and other vital needs; and WHEREAS, additional retail and commercial establishments listed below provide essential business services during emergencies, THEREFORE, as Count), Mayor of Miami -Dade County, l hereby order: 1. Paragraph 2 of Emergency Order 07-20 is hereby amended and restated to clarify that additional following essential businesses may remain open: 2. Essential retail and commercial businesses, which may remain open, are: f. Cas stations>>. new and used automobile dealerships;« and auto -supply, auto -repair, and related facilities»,nrovided however that _such businesses should ensure that customers practice the social distancing as advised by the CDC<<; k. Private colleges, trade schools, and technical colleges, but only as needed to facilitate online or distance learning >>and university, college. or technical college residence halls to the extent needed to accommodate students who cannot return to thew homes<<; Page I of 2 Miami -Dade County Declaration of Local State of* Emergency ff. Waste management services, including collection and disposal of waste; f fmdJJ gg. Any business that is interacting with customers solely through electronic or telephonic means, and delivering products via mailing, shipping, or delivery services>>:<s >>hh. Private and municipal marinas and boat launches, docking, fueling, marine supply and other marina services: ii. hotels, motets. other commercial lodging establishments and tempora�vacation rentals. Notwithstanding the foregoing restaurants, bars, and fitness center restrictions within these establishments remain as stated in Emereeney Order 03-20. jj__Veterinarians and pet boarding facilities; and kk. Mortuaries. funeral homes and cemeteries.« 2. The balance of Emergency Order 07-20 remains in full force and effect and is subject to further amendment as set forth in Emergency Order 07-20, l nactc( Signed: Cancelled: Signed:_ COUNTY MAYOR " /#Otf Time: : �5 Date: Time: Witness: Page 2 of 2 351-�O COUNTY] AMENDMENT NO.2 'IrO NRIAMI-DARE COUNTY EMERGENCY ORDER 07-20 W}IEREAS, on March 19, 2020, the County Mayor issued Emergency Order 07-20; and WHEREAS. Emergency Order 07-20 directed the closure of all non-essential retail and commercial establishments and included a list of essential businesses that may stili operate; and WHEREAS, Emergency Order 07-20 provided for amendment by filing written notice with the clerk; and WHEREAS, Governor DeSantis issued Executive Order 20-71 which promulgated standards for the sale of alcohol; and WHEREAS, additional retail and commercial establishments listed below provide essential business services during emergencies, THEREFORE, as County Mayor of Miami -Dade County, l hereby order: 1. Paragraph 2 of Emergency Order 07-20 is hereby amended and restated to clarify that additional following essential businesses may remain open: 2. Essential retail and commercial businesses, which may remain open, are: tth. Private and municipal marinas and boat launches, docking, fueling, marine supply and other marina services, ii. Hotels, motels, other commercial lodging establishments and temporary vacation rentals. Notwithstanding the foregoing, restaurants, bars, and fitness center restrictions within these establishments remain as stated in Emergency Order 03-20; jj. Veterinarians and pet boarding facilities; and kk. Mortuaries, funeral homes, and cemeteries. >>H. The sale of alcoholic beverages is authorized consistent with Executive Order 20-71. mm. Firearm and ammunition supply snores. Page I of 2 '35( -3( Miami -Dade County Declaration of Local State of Emergency 2 nn. businesses providing services to any 1� ocal, state, or Federal government, includin municipalities, pursuant to a contract with such government.<< 2. The balance of Emergency Order 07-20 remains in full force and effect and is subject to further amendmenlp set forth in Emergency Order 07-20. Enacted: Signed: Cancelled: Signed:. Uate:3/Q/A a 9 Witness: COUNTY MAYOR Date: Witness: Time Page 2 of 2 35( -3Z } I W n _Z,60� . 'W AMENDMENT NO.3 TO MIAMI-DADE COUNTY EMERGENCY ORDER 07-20 WHEREAS, on March 19, 2020, the County Mayor issued Emergency Order 07-20; and WHEREAS, Emergency Order 07-20 directed the closure of all non-essential retail and commercial establishments and included a list of essential businesses that may still operate; and WHEREAS, Emergency Order 07-20 provided for amendment by filing written notice with the clerk; and WHEREAS, Amendment No. 1 to Emergency Order 07-20 stated that marinas and boat launches, docking, fueling, marine supply and other marina services provide essential business services; and WHEREAS, large numbers of boaters congregated without observing social distancing and promoted large parties, the occurrence of which would have increased the risk of spreading COV1D-19 throughout the community; and WHEREAS, as a result it is necessary to further limit the use of marinas and boat launches, docking, fueling, marine supply and other marina services; and WHEREAS, Emergency Order 06-20 as amended from time to time contains detailed information on the use of marinas, boat launches, docking, fueling, marine supply and other marina services for the duration of the state of emergency, THEREFORE, as County Mayor of Miami -Dade County, l hereby order: 1. Paragraph 2 of Emergency Order 07-20 as amended is hereby amended and restated to clarify that additional following essential businesses may remain open: 2. Essential retail and commercial businesses, which may remain open, are: [ , inn-,-tnaww_qupp}y ]] »hh, Marinas boat launches docking ueling marine supply and other marina services only as set forth in Emergency Order 06-20 as amended from time to time << Page i of 2 Miami -Dade County Declaration of Local State of Emergency 2. The balance of Emergency Order 07-20 as amended remains in full force and effect and is subject to further amendment as set forth in Emergency Order 07-20. Enacted: Signed:___ COUN Y-MAUR - - Date,.�0430 Time: L� Witness: Cancelled: Signed: COUNTY MAYOR Date: Time: Witness: Page 2 of 2 35[ -* From: Celeste Center To: Jason Brown; Dylan Reingold; helenec(a)indianrivered.com; Kristin Daniels; Kathy Charest: Phil Matson; Susan Adams; Peter D. O"Bryan; Laura Moss; Joseph E. Flescher; Joe Earman; Tina Cournover; BCC - Board Members Subject: Re: Confirming Piano Entertainment for St. Patrick"s Day, Tue., Mar. 17 at 4:30-6:30 pm Date: Thursday, March 31, 2022 6:31:27 PM CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. From: Celeste Center <celestecan@hotmail.cor-i> Sent: Friday, March 11, 2022 2:05 PM To: Jason Brown <jbrown@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; helenec@indianrivered.com <helenec@indianrivered.com>; Kristin Daniels <kdaniels@ircgov.com>; Kathy Charest <kcha rest@ ircgov.com>; Phil Matson <pmatson@ircgov.com> Subject: Re: Confirming Piano Entertainment for St. Patrick's Day, Tue., Mar. 17 at 4:30-6:30 pm They called to cancel, so unfortunately, I don't have an email showing the cancellation, but this show was cancelled because the venue (Green Turtle Cove) shut down due to COVID. All shows scheduled for 2020 were cancelled, not just one or two. And I had more business scheduled for 2020 than I had in 2019 because I was building back my business from the horrible crimes committed against me in 2014-7. Please discard your false belief and look at the facts and evidence. Thanks. From: Mark Bealhen <CataIina2@charter.net> Sent: Tuesday, February 25, 2020 2:02 PM To: Celeste Center <celestecan@hotmail.com> Subject: Re: Confirming Piano Entertainment for St. Patrick's Day, Tue., Mar. 17 at 4:30-6:30 pm I will be down by the pool at 5:30 Sent from my iPhone On Feb 25, 2020, at 4:38 PM, Celeste Center <celestecan@hotmail.com> wrote: Great! I can be there at about 5:30. 1 cannot call, but I can send you an email that I am on my way. Would you like me to correct the contract? From: catalina2@charter.net <catalina2@charter.net> Sent: Tuesday, February 25, 2020 12:05 PM 351- 35 To: 'Celeste Center' <celestecan@hotmail.com> Subject: RE: Confirming Piano Entertainment for St. Patrick's Day, Tue., Mar. 17 at 4:30- 6:30 pm Yes Please do call my cell when you get in the parking area by the pool house I will walk up I noticed you stated Hutchinson Island Resort on the contract we are across the street from them 3792 NE Ocean Blvd Green Turtle Cove Cell number 414-406-2603 Thankyou From: Celeste Center <celestecan@hotmail.com> Sent: Tuesday, February 25, 2020 2:40 PM To: catalina2@charter.net Subject: Re: Confirming Piano Entertainment for St. Patrick's Day, Tue., Mar. 17 at 4:30- 6:30 pm I am playing a Mardi Gras show today in Jensen Beach. I would like to stop by and see the venue for St. Patrick's Day, since I am in the area. Can I stop by at about 6 pm today? Sorry for the short notice. I can also pick up the check for the deposit, if you have it. Save a stamp. Happy Mardi Gras! From: Celeste Center <celestecan(@hotmail.com> Sent: Saturday, February 22, 202012:50 FM To: catalina2(@charter.net <catalina2@charter.net> Subject: Confirming Piano Entertai-invent =or St. Patrick's Day, Tue., Mar. 17 at 4:30- 6:30 pm Yes, confirming 4:30-6:30 pm. Please find contract and invoice attached. Please make check payable to Deborah Cooney and mail to: Deborah Cooney P O Box 70013 Wabasso, FL 32970 Thanks! 351-3c From: catalina2CcDcharter.net <catalina2Pcharter.net> Sent: Friday, February 21, 2020 2:47 PM To:'celestecan@hotmail.com' <celestecanCa)hotmail.com> Subject: Fwd: Confirming Piano Entertainment for St. Patrick's Day, Tue., Mar. 17 at 4-6 pm I will be glad to send out a check for $200 tomorrow if you could please forward me a mailing address for you. Also I have had a request from some of our entertainment people to ask if we could have the music from 4:30 to 6:30 Instead to the 4 to 6 time I firsts requested, that would give late arrivals a chance to be full participants. If you could get a simple stated contract sent out I can keep a file for future events.. Thankyou Mark From: Celeste Center <celestecanPhotmail.com> Date: February 19, 2020 at 3:29:58 PM EST To: "catalinall@charter.net" <cata1ina1(@charter.net> Subject: Confirming Piano Entertainment for St. Patrick's Day, Tue., Mar. 17 at 4-6 pm Dear Mark, I am confirming piano entertainment for St. Patrick's Day, Tue., Mar. 17 at 4-6 pm. I can arrive at 3:30 to set up the keyboard. Could you please pay 50% ($200) at your earliest convenience (check or Zelle). The remaining 50% ($200) can be paid at the show. Would you like me to prepare a contract or invoice? I am looking forward to the party! Thanks, Celeste 3,51 - 31 From: Celeste Center To: Jason Brown; Dylan Reinoold: helenec(bindianrivered.com; Kristin Daniels; Kathy Charest; Phil Matson; Susan Adams; Peter D. O"Bryan: Laura Moss: Joseph E. Flescher: Joe Earman; Tina Cournoyer: BCC - Board Members Subject: Re: The Fountains Date: Thursday, March 31, 2022 6:32:33 PM CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. From: Celeste Center <celestecan@hotmail.com> Sent: Friday, March 11, 2022 2:35 PM To: Jason Brown <jbrown@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; helenec@indianrivered.com <helenec@indianrivered.com>; Kristin Daniels <kdaniels@ircgov.com>; Kathy Charest <kcharest@ircgov.com>; Phil Matson <pmatson@ircgov.com> Subject: Fw: The Fountains Here is another cancellation due to the COVID shutdown. The Fountains was scheduling shows on a regular basis, like the other venues, but stopped due to COVID. Attached please find Governor's Order prohibiting social gatherings, such as the music performances that comprise my business. Are you still alleging (contrary to all of the evidence) that COVID did not impact my business in 2020? From: Blumberg, Victoria <victoria.blumberg@kiscosl.com> Sent: Wednesday, March 11, 2020 4:55 PM To: celestecan@hotmail.com <celestecan@hotmail.com> Subject: The Fountains We need to cancel for March 18th we are not allowing outside people into our community. I will contact to reschedule at a later date. Victoria Victoria Blumberg Wellness Director, The Fountains of Melbourne A KISCO Senior Living Community 4451 Stack Blvd., Melbourne, FL 32901 Office: 321.984.1494 ext. 3912 1 Fax: 321-984-7693 35)-35 We create communities where we share passions, live in balance, and build a legacy. The e Ftr`low sh Watch Our Fountains) O"' V-doo .. t -.z xa a, .•. ,.r .... wo.,,.rw 5(-31 From: Celeste Center To: Jason Brown; Dylan Reinaold; helenecCahindianrivered.com; Kristin Daniels; Kathy Charest; Phil Matson; Susan Adams; Laura Moss; Peter D. 0"Bryan; Joseph E. Flescher; Joe Earman; Tina Cournover; BCC - Board Members Subject: Re: URGENT: Piano Entertainment Scheduled for Wed., Aug. 5 at 2:30-3:30 pm Date: Thursday, March 31, 2022 6:33:19 PM CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. From: Celeste Center <celestecan@hotmail.com> Sent: Friday, March 11, 2022 2:13 PM To: Jason Brown <j brown@ ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; helenec@indianrivered.com <helenec@indianrivered.com>; Kristin Daniels <kdaniels@ircgov.com>; Kathy Charest <kcha rest@ i rcgov.com>; Phil Matson <pmatson@ircgov.com> Subject: Re: URGENT: Piano Entertainment Scheduled for Wed., Aug. 5 at 2:30-3:30 pm Another email chain evidencing cancellation of all 2020 shows due to the Covid shutdown. This is evidence that my business losses were due to the COVID shutdown. Please discard your false belief, and look at the evidence. Thanks. From: Celeste Center <celestecan@hotmail.com> Sent: Friday, August 7, 2020 7:06 PM To: activitiesdir <activitiesdir@pslrehabcare.com> Subject: Re: URGENT: Piano Entertainment Scheduled for Wed., Aug. 5 at 2:30-3:30 pm OK, thanks for letting me know. I hope you and the seniors stay healthy! From: activitiesdir <activitiesdir@pslrehabcare.com> Sent: Tuesday, August 4, 2020 1:26 PM To: Celeste Center <celestecan@hotmail.com> Subject: Re: URGENT: Piano Entertainment Scheduled for Wed., Aug. 5 at 2:30-3:30 pm We are still on restriction as far as entertainment and visitors, so yes I have to cancel the rest of our scheduled shows for reminder of the year. I will contact you if anything changes. Thank You On August 4, 2020 1:47 PM Celeste Center <celestecan@hotmail.com> wrote: Awaiting your response... From: Celeste Center<celestecan@hotmail.com> 351-40 Sent: Monday, August 3, 2020 1:11 PM To: activitiesdir <activitiesdir@psirehabcare.com> Subject: Piano Entertainment Scheduled for Wed., Aug. 5 at 2:30-3:30 pm Dear Faland, Please confirm the show at your earliest convenience. If you do not want the show, please let me know. Wishing you and all of the seniors perfect health! Thanks, Celeste From: Celeste Center <celestecan@hotmail.com> Sent: Monday, June 1, 2020 1:15 PM To: activitiesdir <activitiesdir@pslrehabcare.com> Subject: Piano Entertainment Scheduled for Wed., June 3 Dear Faland, I assume that you are cancelling the show due to the pandemic shutdown. Please confirm cancellation. If you do want the show, please respond to this email AND leave a voicemail at 772-480-7181 before 8 am Wed. Wishing you and all of the seniors perfect health! Thanks, Celeste From: activitiesdir <activitiesdir@pslrehabcare.com> Sent: Monday, March 30, 2020 6:09 AM To: Celeste Center<celestecan@hotmail.com> Subject: Re: Confirming Piano Entertainment for Wed., April 1 Hi Celeste, I'm sorry but unfortunately we are still not allowing visitors into the building at the moment. If possible, I would like to reschedule once when we are given the okay to. Thank you for understanding. Stay healthy and see you soon. On March 28, 2020 5:35 PM Celeste Center <celestecan@hotmail.com> wrote: Dear Faland, I am confirming early because of the virus hysteria. Are we still on for the show this week? Thanks, Celeste From: Celeste Center <celestecan@hotmail.com> Sent: Saturday, January 4, 2020 12:14 PM To: activitiesdir <activitiesdir@pslrehabcare.com> Subject: Confirming Piano Entertainment for Wed., Feb. 5; Wed., April 1; Wed., May 6; Wed., June 3; Wed., July 1; Wed., August 5; Wed., September 2; Thu., October 15; Need., November 4; Wed., December 2 at 2:30-3:30 pm Dear Faland, I am confirming piano entertainment for the following dates at 2:30- 3:30 pm: Wed., Feb. 5 Wed., April 1 Wed., May 6 Wed., June 3 Wed., July 1 Wed., August 5 Wed., September 2 Thu., October 15 Wed., November 4 Wed., December 2 Please find invoices attached. I am looking forward to the shows! Happy 2020! Thanks, 351 4z Celeste From: activitiesdir <activitiesdir@pslrehabcare.com> Sent: Monday, December 30, 2019 2:18 PM To: Celeste Center <celestecan@hotmail.com> Subject: Re: Confirming Performance Dates for 2020 That is fine. I have you on February 5 @ 2:30pm as well. We can just skip January if you are scheduled on the 14th. On December 30, 2019 at 5:08 PM Celeste Center <celestecan@hotmail.com> wrote: OK, I will work with your $60 budget. I booked another show for Jan. 14, because I had not yet received your confirmation of the date. I am working to resolve the conflict. Thanks. From: activitiesdir <activitiesdir@pslrehabcare.com> Sent: Monday, December 30, 2019 2:04 PM To: Celeste Center <celestecan@hotmail.com> Subject: Re: Confirming Performance Dates for 2020 I had already printed out the calendar for January and had you on for January 14 @ 2:30. Later than that time will not work for us. Budget has been $60. 1 only had approval for $75 on Christmas day because of the holiday. On December 30, 2019 at 4:07 PM Celeste Center <celestecan@hotmail.com> wrote: OK, I can do 2:30-3:30 on every date except Jan 14. 1 can do anything 4 pm or later on Jan 14 or I can do 2:30-3:30 on Jan. 3, 24, or 31 or another day in Jan. Please let me know what works best for vou. What is your budget? Is $75 OK? Thanks. 39 ��F3 From: activitiesdir <activitiesdir@ psi rehabcare.com> Sent: Monday, December 30, 2019 12:51 PM To: Celeste Center <celestecan@hotmail.com> Subject: Re: Confirm'ng Performance Dates for 2020 Our usual times for entertainment are at 2:30pm. On December 30, 2019 at 3:37 PM Celeste Center <celestecanChotmail.com> wrote: Great! Thanks for confirming the dates. What time would you like the shows? What is your budget? Thanks. From: activitiesdir <activitiesdir@pslrehabcare.com> Sent: Monday, December 30, 2019 7:33 AM To: Celeste Center <celestecan@hotmail.com> Subject: Re: Congratulations on a Successful Christmas Show Yesterday! Good Morning Celeste, the residents seem to enjoy the show. We have already established some dates for you in 2020 a few months ago. The dates that I have set with you are: January 14 February 5 April 1 May 6 June 3 July 1 August 5 '3st -, 44 September 2 October 15 November 4 December 2 On December 26, 2019 at 5:52 PM Celeste Center <celestecan@hotmail.com> wrote: Dear Faland, Congratulations on a successful Christmas show yesterday! The folks really enjoyed it. They had a wonderful Christmas. Thanks for making it happen. At your earliest convenience, please let me know your preferred dates for 2020. Happy holidays! Thanks, Celeste Faland Jeanty Activities Director, BS Port St. Lucie Rehabilitation and Healthcare 7300 Oleander Ave Port St. Lucie, FL 34952 35f `TJ Email: activitiesdiral2slrehabcare.com Phone: 772-466-4100 Faland Jeanty Activities Director, BS Port St. Lucie Rehabilitation and Healthcare 7300 Oleander Ave Port St. Lucie, FL 34952 Email: activitiesdir(4nslrehabcare.com Phone: 772-466-4100 Faland Jeanty Activities Director, BS Port St. Lucie Rehabilitation and Healthcare 7300 Oleander Ave Port St. Lucie, FL 34952 Email: activitiesdirgpslrehabcare.com Phone: 772-466-4100 Faland Jeanty Activities Director, BS Port St. Lucie Rehabilitation and Healthcare 7300 Oleander Ave Port St. Lucie, FL 34952 Email: activitiesdirna..nslrehabcare.com Phone: 772-466-4100 Faland Jeanty Activities Director, BS Port St. Lucie Rehabilitation and Healthcare 7300 Oleander Ave Port St. Lucie, FL 34952 Email: activitiesdir(,pslrehabcare.com Phone: 772-466-4100 Faland Jeanty Activities Director, BS 35t -J� Port St. Lucie Rehabilitation and Healthcare 7300 Oleander Ave Port St. Lucie, FL 34952 Email: activitiesdir(anslrehabcare.com Phone: 772-466-4100 351-41 From: Celeste Center To: Jason Brown; Dvlan Reingold; helenecMndianrivered.com; Kristin Daniels; Kathy Charest; Phil Matson; Susan Adams; Laura Moss; Joseph E. Flescher; Peter D. O"Bryan; Joe Earman; Tina Cournover; BCC - Board Members Subject: Re: Confirming Piano Entertainment for Fri., January 24 at 3-4 pm, for Fri. Mar. 27 at 3-4 pm, for Fri. May 29 at 3-4 pm, for Fri., July 24 at 3-4 pm, for FTM., Sep. 25 at 3-4 pm, and for Fri. Nov. 27 at 3-4 pm Date: Thursday, March 31, 2022 6:35:32 PM CAUTION: This message is from an external source. Phase use caution when opening attachments or clicking links. From: Celeste Center <celestecan@hotrnail.com> Sent: Friday, March 11, 2022 1:56 PM To: Jason Brown <jbrown@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; helenec@indianrivered.com <helenec@indianrivered.com>; Kristin Daniels <kdaniels@ircgov.com>; Kathy Charest <kcharest@ircgov.com>; Phil Matson <pmatson@ircgov.com> Subject: Re: Confirming Piano Entertainment fo- Fri., January 24 at 3-4 pm, for Fri. Mar. 27 at 3-4 pm, for Fri. May 29 at 3-4 pm, for Fri., July 24 at 3-4 pm, for Fri., Sep. 25 at 3-4 pm, and for Fri. Nov. 27 at 3-4 pm Here is one venue that cancelled all performances for 2020. This email thread shows the scheduling as well as the first cancellation. All of the dates were cancelled per the Governor's Order. From: Williams, Ashley <AJWILLIAMS@5SSL.COM> Sent: Wednesday, March 25, 2020 5:35 AM To: Celeste Center <celestecan@hotmail.com> Subject: RE: Confirming Piano Entertainment for Fri., January 24 at 3-4 pm, for Fri. Mar. 27 at 3-4 pm, for Fri. May 29 at 3-4 pm, for Fri., July 24 at 3-4 pm, for Fri., Sep. 25 at 3-4 pm, and for Fri. Nov. 27 at 3-4 pm Yes I will contact you to make sure I double confirm for May. I do apologize Celeste, for the inconvenience .Ashley WiCCiams, .A(Drff Lifestyle 360 Program Director The Gardens of Port St. Lucie 1699 SE Lyngate, Port St. Lucie, FL 34952 0:772-335-9990 F:772-335-9993 From: Celeste Center [mailto:celestecan@hotmail.com] Sent: Tuesday, March 24, 2020 5:34 PM To: Williams, Ashley Subject: [EXTERNAL] Re: Confirming Piano Entertainment for Fri., January 24 at 3-4 pm, for Fri. Mar. 27 at 3-4 pm, for Fri. May 29 at 3-4 pm, for Fri., July 24 at 3-4 pm, for Fri., Sep. 25 at 3-4 pm, and for Fri. Nov. 27 at 3-4 pm A,R,NING: This email originated from outside of Five Star Senior Living. Do not click any links open any attachments unless you are expecting this message and trust the sender Thanks for letting me know. Could you please give me advance notice for May? I object to the unnecessary shutdown. Thanks. From: Williams, Ashley<AJWILLIAMS@SSSL.CCVI> Sent: Tuesday, March 24, 2020 11:35 AM To: Celeste Center <celestecan@hotmail.com> Subject: RE: Confirming Piano Entertainment for Fri., January 24 at 3-4 pm, for Fri. Mar. 27 at 3-4 pm, for Fri. May 29 at 3-4 pm, for Fri., July 24 a: 3-4 pm, for Fri., Sep. 25 at 3-4 pm, and for Fri. Nov. 27 at 3-4 pm Hello Celeste, At this time, we are NOT accepting visitors/Vendors/Entertainers in the building per the Health department. We will pick up next month if we get the OK to open back up but right now I am canceling all performances Ashley Williams, ACCP Lifestyle 360 Program Director The Gardens of Port St. Lucie 1699 SE Lyngate, Port St. Lucie, FL 34952 0:772-335-9990 F:772-335-9993 FIVE STAR, From: Celeste Center [mailto:celestecan@hotmail.com] Sent: Monday, March 23, 2020 3:58 PM To: Williams, Ashley Subject: [EXTERNAL] Re: Confirming Piano Entertainment for Fri., January 24 at 3-4 pm, for Fri. Mar. 27 at 3-4 pm, for Fri. May 29 at 3-4 pm, for Fri., July 24 at 3-4 pm, for Fri., Sep. 25 at 3-4 pm, and for Fri. Nov. 27 at 3-4 pm WARNING: This email originated from outside of Five Star Senior Living. Do not click any links or open any attachments unless you are expecting this message and trust the sender Dear Ashley, I still have you in my schedule for Fri. Please confirm. I hope The Gardens is not succumbing to this mass hysteria. Thanks, Celeste '3sr I From: Celeste Center <celestecan@hotmail.com> Sent: Monday, January 13, 2020 12:42 PM To: Williams, Ashley <AJWILLIAMS@SSSL.COM> Subject: Confirming Piano Entertainment for Fri., January 24 at 3-4 pm, for Fri. Mar. 27 at 3-4 pm, for Fri. May 29 at 3-4 pm, for Fri., July 24 at 3-4 pm, for Fri., Sep. 25 at 3-4 pm, and for Fri. Nov. 27 at 3-4 pm Dear Ashley, I am confirming piano entertainment for Fri.. January 24 at 3-4 pm, for Fri. Mar. 27 at 3-4 pm, for Fri. May 29 at 3-4 pm, for Fri., July 24 at 3-4 pm, for Fri., Sep. 25 at 3-4 pm, and for Fri. Nov. 27 at 3-4 pm. Please find invoices attached. I am looking forward to the shows! Thanks, Celeste From: Williams, Ashley <AJWILLIAMS@SSSL.COM> Sent: Monday, January 13, 2020 12:03 PM To: Celeste Center <celestecan@hotmail.com> Subject: RE: Motown and Soul Show for January, February, or Anytime! Yes those are perfect. Ashfey Wiffams, ADC(P Lifestyle 360 Program Director The Gardens of Port St. Lucie 1699 SE Lyngate, Port St. Lucie, FL 34952 0:772-335-9990 F:772-335-9993 MFIVE STAB. From: Celeste Center [mailto:celestecan@hotmail.com] Sent: Monday, January 13, 2020 2:17 PM To: Williams, Ashley Subject: [EXTERNAL] Re: Motown and Soul Show for January, February, or Anytime! WARNING: This email originated from outside of Five Star Senior Living. Do not click any links or open any attachments unless you are expecting this message and trust the sender Yes, I can play Fri., Jan. 24 at 3-4 pm. I can also play Mar. 27, May 29, July 24, Sep. 25, and Nov. 27. Are those the right dates? Thanks. 35( -50 From: Williams, Ashley <AJWILLIAMS@5SSL.COM> Sent: Monday, January 13, 2020 5:48 AM To: Celeste Center <celestecan@hotmail.com> Subject: RE: Motown and Soul Show for January, February, or Anytime! Hello Celeste Are you available to play at the gardens with a nice show on the 24th of this month? 3-4?. Sorry I haven't contacted you about scheduling I have been extremely busy and actually was out for a family emergency. My 2020 budget did change and I am making some adjustments. I can have you every other month this year if willing. Please call me to talk if you would like or you can send me available dates for the for the 4th Friday of every other month starting January. Thanks so much for being a great entertainer and working with me and beirg prompt. I appreciate all the things you do. Ashley AshC y WiCCzams, A 1DC(P Lifestyle 360 Program Director The Gardens of Port St. Lucie 1699 SE Lyngate, Port St. Lucie, FL 34952 0:772-335-9990 F:772-335-9993 0 FS`rA R, ..1 Y E J r4ioa I VrNfl From: Celeste Center [mailto:celestecan@hotmail.com] Sent: Saturday, January 11, 2020 4:41 PM To: Celeste Center Subject: [EXTERNAL] Motown and Soul Show for January, February, or Anytime! WARNING: This email originated from outside of Five Star Senior Living. Do not click any links or open any attachments unless you are expecting this message and trust the sender I am offering a special Motown and Soul show for January (Martin Luther King) and February (Black History Month) or just anytime fun! Let's give the folks a chance to get moving and grooving. The show features The Temptations "Ain't Too Proud to Beg", Aretha Franklin's "Respect", Stevie Wonder's "Signed Sealed Delivered", Marvin Gaye's "You're All I Need to Get By", Mary Wells' "My Guy", Chuck Berry's "Johnny B Goode", and much more... Please call or reply to this email to schedule a show. Thanks, Celeste 772-480-7181 http://www.celestecenter.com� 351-51 Celeste on the Carnival Freedom: https:/&outu.be/wKIlDnvzOLY The Celeste Center - Recordina Artist, Vocal Instruction ... www.celestecenter.com The Celeste Center, San Diego - Recording Artist, Vocal Instruction, Piano Instruction Celeste promo video ,voutu.be Aug 2017 American Pie, Piano Man, Proud Mary, Happy, Great Balls of Fire, I Will Survive, Margaritaville, You've Got a Friend with gues participation -- violin, percussion, singing, dancing, moving to the music. Celeste Live at Havana Nights: http//youtu.be/nBPHiH6ap2s Celeste Live at Havana Nights in Vero Beach youtu.be Rolling In the Deep, Fallin', Bad Romance, B=gin Again, I'm Yours, Sunday Morning 551-52., performance excerpts of songs recently released, by request. http://www.... Celeste Party Demo: http://www.youtube.com/watch?NR=1&v=MVAm3nZ5gdE&feature=endscreen https://youtu.be/MVAm3nZ5gdE Celeste Sea Cruise: https://youtu.be/Aj_uOlufiEE?list=ULAi uOlufiEE http://www.youtube.com/watch?v=Ai uOlufiEE&feature=channel&fist=UL www.youtube.com Solo piano and vocal performance by San Diego recording artist, Celeste. Respect, Crazy, Sea Cruise, Fallin', Country Roads, Les Feuilles Mortes (Autumn Leay... Celeste Sea Cruise (full songs): https://voutu.be/SOdvLI la lXE?I ist=U LSOdvLI Ea lXE http://www.)Ioutube.com/watch?v=SOdvLlla!XE&NR=l&feature=endscreen Celeste SummeCruise, Crazy, rtime, '•.• 351-53 www.youtube.com Live performance in Charleston, WV. Solo piano and vocal performance by Celeste. Summertime, Sea Cruise, Crazy, Country Roads, Fallin', Les Feuilles Mortes ... Live performance in Charleston, WV. Solo piano and vocal performance by Celeste. Summertime, Sea Cruise, Crazy, Country Roads, Fallin', Les Feuilles Mortes (Autumn Leaves), Respect, Feel Like Making Love. Celeste is a San Diego -based singer, songwriter, pianist, recording artist, producer, vocal coach, and piano instructor. She has toured world-wide, including Europe, Asia, the Caribbean, and all over America. Celeste "I Can Change the World": http://www.youtube.com/watch?v=mgPeeiV7YUY 001 No I W Wo • EM&OW• •l. • www.linkedin.com View Celeste Academy of the Stars' profile on Linkedln, the world's largest professional community. Celeste has 1 job listed on their profile. See the complete ... httl2s://www.facebook.com/celesteca n INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: Continuation - County Websites, Domains, and Internet -Based Services. DATE: March 18, 2022 BACKGROUND: On April 20, 2021 the Indian River County Board of County Commissioners had discussion regarding the County websites, domains, and internet-based services. The Board directed staff to: • Consolidate the 14 County websites into a single website • Apply for a .gov domain name with the necessary exemptions to achieve the shortest domain name without a state or county origin designation (.fl.co) and with indianriver.gov as the preferred choice Develop requirements for a project to upgrade and redesign the County website, move to a Content Management System (CMS) to allow for departmental staff updates of web content, evaluate the cost and time implementation for a new website, and return to the Board for further consideration of the findings The following is a staff update of the items discussed the April 20, 2021 meeting. UPDATES Domain Consolidation Project In July 2021, the Indian River County (IRC) Information Technology (IT) Department launched the IRC Domain Consolidation Plan, a 6 -month project to consolidate all county websites to one website under ircgov.com. The goals of the project were to: • Inform departments of domain consolidation • Define new web addresses for those sites slated for consolidation • Rebrand all published material for those Departments with sites to be consolidated • Publicly announce the upcoming domain consolidation on those sites • Physically move all sites to the ircgov.com domain and redirect visitors from old website locations to the new web address The IRC IT Department completed the domain consolidation project on January 1, 2022. 352 New Domain Name On May 4, 2021, the County applied for the domain indianriver.gov with an exemption request to eliminate the state and county origin based on the uniqueness of the name. The domain request for indianriver.gov was approved, with exemption, on June 7, 2021. As a result, IRC IT Staff is preparing to move from ircgov.com to indianriver.gov for the County website and staff email. CMS AND WEBSITE REDESIGN ANALYSIS In April 2021, the IRC IT Department began an evaluation of County web services and a detailed review of specifications and features of current CMS systems. IT staff considered Board and departmental stakeholder input, current web design trends, accessibility standards, usability best practices, and an evaluation of other Florida county websites. The research data was used to create a comprehensive Website Requirements Specification document that could support the production of the County website in a CMS website redesign project. Staff has prepared and will present an overview of features and functions derived from the Website Requirements document. Project Costs On March 2, 2022, the County Purchasing Division posted a Request for Information (RFI), which included the Website Requirements Specification document, to assess the costs of a project to redesign the County website and convert to a CMS. Notice of the RFI was sent to a distribution list of companies identified which have produced CMS websites for Florida Counties, have the style of website identified as preferable in design by stakeholders, and appear to offer the features and functionality specified in the Website Requirements Specification document. The RFI was open until March 18, 2022. Eleven companies responded to the RFI, including the response questionnaire. Staff ranked the top five which most closely matched the project requirements and types of websites desired for a CMS redesign project. The prcposed initial project cost range is $84,796 to $147,936 and the median estimated annual recurring cost is $9,700. Timeline An estimated project timeline to redesign and convert the website to a CMS is 6 to 8 months from time the supplier has been given the authority to proceed. Funding There is currently no funding budgeted for a CMS website redesign project. If directed by the Board of County Commissioners, the Information Technology Department could include the funding required in the 2022/23 fiscal year budget for a CMS website redesign project. RECOMMENDATION Staff recommends that the Board of County Commissioners direct staff to include required funding in the 2022/23 fiscal year budget and issue an RFP in fiscal year 2022/23 to begin a 353 CMS web redesign project using the requirements outlined in the Website Requirements Specification document. ATTACHMENTS Attachment 1 — Website Features and Functions Executive Summary Attachment 2 — Website Requirements Specification 354 Website Redesign Executive Summary Indian River County Board of County Commissioners )n Technology Department 44 1 55 Objectives a Indian River County seeks to redesign the County website. The primary objectives and goals of the website redesign are as follows: An Effective Website The County is seeking to redesign the Cointy website so it is interactive, inviting, and engaging. In addition, the website should allow residents, visitors and business: partners to complete their tasks quickly and easily using any device. • Serve the needs of all users by letting them easily find what they are seeking, providing them with access to key services cn a 24x7 basis, allowing them to share information and interact with County staff. • Brand Indian River County for residents, visitors, bus°nesses and elected officials, and showcase our community in a way that highlights why this is a great place to live, visit, and do business. • Provide a pleasant experience to all users by making it easy =or them to complete their tasks or find what they warm in a straightfo-,r.ard manner. • Provide content that is useful, interactive, and engaging. • Promote transparency of our local government by making it easy to share and post information, and for users to find and interac_ ,Mth the information. • Build a foundation that can adapt and evolve as the communi-�'s needs change over the near and long-term. 356 Indian River County Content Managemei System (CMS) I= rrfi The redesigned website will utilize a Content Management System (CMS), an application used to manage web content, allowing multiple contributors to create, edit, and publish content to the website. Some features of a CMS are: • Content Rich Text Editor -A user friendly editor to add content. • Content Types - Choose from a large selection of content types. • Content Tagging - Group, search, and display content of the same topic. • Content Scheduling - Post content on a timer. • Content Expiration - Set dates for content to expire. • Archiving - Archive content for use later. • Media Management - Edit, crop, and resize images. • Links - Manage links and URLS. • Navigation Builder - Easily build navigation modules. • Approval Workflow - Assign approval sequence for quality control. 357 Indian River County Communication NW P°St er titer re t kdd Media aragraO U = ..- Communication and public outreach features are at the forefront of the requirements for a redesigned website CMS, providing departments tools to get the word out about projects and County business. Some of the communication tools features are: • Electronic Newsletter - Sign up by topic or department and get news in your inbox. • Polls and Surveys - Gain valuable input about projects and community topics of interest. • Blogs - Keep the public informed about departmental projects and happenings. • Social Media Publishing - Publish website articles, reports, maps, or other content to County social media accounts. • Social Sharing - Buttons to share site content to social sites. • Staff Contact - Easily connect to County staff and services. EU - e®®e8ee��eeeB� � i ia000a�o©e� IF fNOOMEN®a® y MEMO= 358 Indian River County Features M M County Manager Pu61k SeMC PWIk WIM.. Gram a -d ofCWKy PtnW".9 OP..—, fLrupettrt f ..*.O yn 41 Advd gat— MARCH 2022 6 7 8 13 14 15 20 21 22 27 28 29 2 3 4 9 10 11 16 0 18 23 24 25 30 31 A new CMS system will provide technology to provide residents, visitors, and businesses with a feature -rich web experience, making it easy to do business with the County online. Some of the included features will be: • Automatic Sitemap - Easily find your way around the website. namic Featured Content - Most searched -for content is featured tomatically. quently Asked Question (FAQ) App - Find the answers you're king for. vanced Site Search - Search site -wide for content in multiple dia formats. cial Media Integration - View County social media feeds from web ges. vanced Forms - Electronic form builder to create forms and ninate paper processes. int Calendar - Robust graphical meeting and event calendar. 5 12 19 26 vant to" Navigation - A tab to get to common County ser�w. Design The Content Management System will allow for a consistent design throughout all pages of the website through the use of custom templates. The County is looking for a fresh new design look with the following design considerations: • Consistency - Visually consistent design elements throughout all pages. • Clarity - Clean, simple, pages with clear focal points and intentions. • High Quality Imagery - Compelling and professional images. • Standardized Colors - A color palette of five or fewer colors. • Limited fonts - Keep fonts to under three for visual unity. • Local Slideshow - Slideshow of County scenes and points of interest. • Minimal scroll - The home page will minimize scroll. • Mobile Friendly - Access website from any device. • Accessible - Content available to anyone using assistive technologies. 360 Indian River County RFI Results The County Purchasing Division posted a Request for Information (RFI) March 2, 2022 to March 18, 2022. Notice of the RFI was sent to a distribution list of companies identified which have produced CMS websites for Florida Counties, have the style of website identified as preferable in design by stakeholders, and appear to offer the features and functionality specified in the Website Requirements Specification document. Eleven companies responded to the RFI, including the response questionnaire. Staff ranked the top five which most closely matched the project requirements and types of websites desired for a CMS redesign project. The proposed initial project cost range is $84,796 to $147,936 and the median estimated annual recurring cost is $9,700. If the board approves the project, a full RFP would be conducted with an extensive scoring system to select a company. The purpose of this RFI was to identify companies that could meet the project requirements and utilize their proposals to estimate costs for funding the project. The top ranked companies of the RFI are: 1. Revize 2.CivicPlus 3. Planetaria Media 4. SGS Tech 5.eWay Corp 361 Indian River County Indian River County Board of County Commissioners Website Requirements Specification Information Technology Department Indian River County Board of County Commissioners 180127th Street, Vero Beach, Florida 32960 February 28, 2022 Revision: Final 362 Table of Contents 1 Background...........................................................................................................................................4 2 Objectives..............................................................................................................................................4 2.1 An Effective Website.....................................................................................................................5 2.2 Purpose of the New Website........................................................................................................6 3 System Requirements...........................................................................................................................6 3.1 Administration..............................................................................................................................6 3.1.1 Administrative Dashboard.................................................................................................... 6 3.1.2 User Management................................................................................................................ 6 3.1.3 Workflow Management........................................................................................................7 3.1.4 System Management............................................................................................................8 3.2 Website Content Management.................................................................................................... 8 3.2.1 Content Management System (CMS)...................................................................................8 3.2.2 Content Rich Text Editor.......................................................................................................8 3.2.3 Content Types.......................................................................................................................9 3.2.4 Content Categories............................................................................................................... 9 3.2.5 Content Tagging....................................................................................................................9 3.2.6 Content Scheduling...............................................................................................................9 3.2.7 Content States.......................................................................................................................9 3.2.8 Content Expiration..............................................................................................................10 3.2.9 Archiving.............................................................................................................................10 3.2.10 Media Management............................................................................................................10 3.2.11 Testing/Staging...................................................................................................................11 3.2.12 Uniform Resource Locators(URLS).....................................................................................11 3.2.13 Links....................................................................................................................................11 3.2.14 Navigation Builder...............................................................................................................12 3.2.15 Plugins/Widgets..................................................................................................................12 3.2.16 Workflow.............................................................................................................................12 3.3 Website Design...........................................................................................................................12 3.3.1 Consistency.........................................................................................................................12 3.3.2 Styles...................................................................................................................................12 3.3.3 Templates and Page Types..................................................................................................12 3.3.4 Header.................................................................................................................................13 363 3.3.5 Logo.....................................................................................................................................13 3.3.6 Footer..................................................................................................................................13 3.3.7 Navigation Menu Structure.................................................................................................13 3.3.8 Design Elements..................................................................................................................14 3.3.9 Home Page..........................................................................................................................14 3.4 Features......................................................................................................................................14 3.4.1 Automatic Sitemap..............................................................................................................14 3.4.2 Dynamic Featured Content.................................................................................................15 3.4.3 Frequently Asked Question (FAQ) App...............................................................................15 3.4.4 Site Search...........................................................................................................................15 3.4.5 Social Media Integration.....................................................................................................15 3.4.6 Forms..................................................................................................................................15 3.4.7 Public Records Request Module.........................................................................................16 3.4.8 Utilities Application for Service Module .............................................................................17 3.4.9 Graphical Media Delivery....................................................................................................18 3.4.10 Event Calendar....................................................................................................................18 3.5 Communication...........................................................................................................................18 3.5.1 Electronic Newsletter..........................................................................................................18 3.5.2 Polls and Surveys.................................................................................................................18 3.5.3 Blogs....................................................................................................................................19 3.5.4 Social Media Publishing......................................................................................................19 3.5.5 Staff Contact Directory........................................................................................................19 3.6 System.........................................................................................................................................19 3.6.1 Updates...............................................................................................................................19 3.6.2 Backups...............................................................................................................................19 3.6.3 Support................................................................................................................................19 3.6.4 Accessibility.........................................................................................................................19 3.6.5 Mobile Responsive Design..................................................................................................20 3.6.6 Security...............................................................................................................................20 3.6.7 Performance........................................................................................................................20 3.6.8 Language Translation..........................................................................................................20 4 Desired Capabilities.............................................................................................................................20 364 4.1 The system should have the following capabilities which would give Indian River County the option to consolidate currently offered web -based services in the future ............................................ 20 4.1.1 The system should have Legislative Meeting Management Software capabilities ............ 20 4.1.2 The system should have mass alert notification capabilities..............................................20 4.1.3 The system should have park/facility/programming reservation capabilities ................... 20 4.1.4 The system should have Public Service Request capabilities.............................................21 4.1.5 The system should have Job Application capabilities.........................................................21 4.1.6 The system should have Bid and RFP posting capabilities..................................................21 5 References..........................................................................................................................................21 5.1 Acronyms.................................................................................................................................... 21 5.1.1 CMS: Content management system...................................................................................21 5.1.2 CSS: Cascading Style Sheet..................................................................................................21 5.1.3 DDoS: Distributed Denial of Service Attack........................................................................ 21 5.1.4 HTML: HyperText Markup Language..................................................................................21 5.1.5 HTTPS: Hypertext Transfer Protocol Secure.......................................................................21 5.1.6 UI — User Interface..............................................................................................................21 5.1.7 URL: Uniform Resource Locator..........................................................................................21 5.1.8 WCAG: Web Content Accessibility Guidelines....................................................................21 1 Background On April 20, 2021, the Indian River County Board of County commissioners directed County IT staff to begin research for a project to upgrade and redesign the County website, move to a Content Management System (CMS) to allow for departmental staff updates of web content, consider the cost and time implementation of such a project, and return to the Board with the findings for further discussion. This document presents the requirements for a web site and web CMS that will be employed to support the production of the County's primary website in a redesign project. 2 Objectives Indian River County seeks to redesign the County website. The primary objectives and goals of the website redesign are as follows: 365 2.1 An Effective Website The County is seeking to redesign the County website so it is interactive, inviting, and engaging. In addition, the website should allow residents, visitors and business partners to complete their tasks quickly and easily using any device. 366 2.2 Purpose of the New Website 2.2.1.1.1 The County website shall serve the needs of all users by letting them easily find what they are seeking, providing them with access to key services on a 247 basis, allowing them to share information a. -id interact with County staff. 2.2.1.1.2 The County website shall brand Indian River County for residents, visitors, businesses and elected officials, and showcase our community in a way that highlights why this is a great place to live, visit, and do business. 2.2.1.1.3 The County website shall provide a pleasant experience to all users by making it easy for them to complete their tasks or find what they vivant in a straightforward manner. 2.2.1.1.4 The County website shall contain content that is useful, interactive, and engaging. 2.2.1.1.5 The County website shall promote transparency of our local government by making it easy to share and post information, and for our users to find and interact with the information. 2.2.1.1.6 The County website shall build a foundation that can adapt and evolve as the community's needs change over the near and long-term. 3 System Requirements 3.1 Administration 3.1.1 Administrative Dashboard 3.1.1.1 The administrative portion of the CMS shall be accessible for all system administrators, content contributors, and content approvers. 3.1.1.1.1 The administrative dashboard shall feature a customizable interface that displays critical shortcuts, on-site items that require attention, recent activity logs and an internal messaging system that displays administrative messages and updated information. 3.1.1.1.1.1 The administrative dashboard interface shall display content based on user roles described in 3.1.2.5.1. 3.1.2 User Management 3.1.2.1 Adding Users 3.1.2.1.1 The system shall support the ability for in-house administrators to add users and reset users' passwords through a graphical user interface. 3.1.2.2 Deleting Users 3.1.2.2.1 The system shall support the ability for in-house administrators to delete users through a graphical user interface. 3.1.2.3 User Passwords 3.1.2.3.1 The system shall support an in-house administrator to be able to assign reset users' passwords through a graphical user interface. 3.1.2.4 Active Directory Integration 3.1.2.4.1 The CMS should have Active Directory and/or Ckta integration for authentication. 3.1.2.5 Permissions 367 3.1.2.5.1 User roles 3.1.2.5.1.1 The system shall suoport the creation and modification of user roles. The user roles shall be: 3.1.2.5.1.1.1 Administrators — IT Department staff with full permissions access to system settings, user management, workflow control, and all administrative functions. 3.1.2.5.1.1.2 Content Contributors - Department staff with permissions to access assigned site sections or pages to add, modify, or delete content. 3.1.2.5.1.1.3 Content Approvers —Designated Department staff that approve content additions, changes, or deletions made by Content Contribut3rs. 3.1.2.5.2 Site section and page -level permissions 3.1.2.5.2.1 The System shall have the ability for Administrators to assign which specific site sections and/or pages each Content Contributor has access to. 3.1.3 Workflow Management 3.1.3.1 The system shall have the ability to manage administrative access to the site through a permission system that defines in -system rights and workflows including content approval for both general content and modular applications that are included as a part of the system. Administrators should be able to define the workflow, assign the workflow to content groups and content types, and assign users to workflow rules. 3.1.3.2 Approval Workflow 3.1.3.2.1 The Administrator's dashboard shall have an Approval Workflow module for content changes submitted by Content Contributors. The Approval Workflow Module shall have a list of currently submitted content with the ability to either approve or decline submitted content with email messaging to indicate publishing status. 3.1.3.2.2 The Approval sequence for submitted content shall be: 3.1.3.2.2.1 The Content Contributor submits a content addition, edit, or deletion. 3.1.3.2.2.2 The Content Approver approves or rejects the content addition, edit, or deletion. 3.1.3.2.2.3 The Administrator checks for ADA Accessibility then publishes or rejects content additions, edits, or deletions sent by a Content Approver. 3.1.3.3 Approval Status - The system shall have the following approval statuses: 3.1.3.3.1 Under Review - The system shall have a publish status of "Under Review" in cases where submitted content is being reviewed by a Content Approver or Administrator. 3.1.3.3.2 Published -The system shall have a publish status of "Published" in cases where the content has been approved by an Administrator and has been published to the site. 3.1.3.3.3 Rejected - The system shall have a publish status of "Rejected" in cases where the content has been rejected by a Content Approver or Administrator. 3.1.3.4 Activity Reporting 368 3.1.3.4.1 The system shall provide a report detailing all changes and activity taking place on the website through content contributors and administrators, which can be filtered by start and end dates, times, by content type and by action taken, and be exportable. 3.1.4 System Management 3.1.4.1 Web Analytics 3.1.4.1.1 The system shall have an administrative center for reviewing, filtering and exporting overall website statistics, inc:uding the ability to view statistics by site, page, or section and presenting the in-ormation in a graphical representation. 3.1.4.1.1.1 The web analytics center shall display number of visitors by site, section, or page based on preset and custom time ranges. 3.1.4.1.1.2 The web analytics center shall display site search statistics. 3.1.4.1.1.3 The web analytics center shall display tagged content traffic statistics. 3.1.4.2 Broken link Check Tool 3.1.4.2.1 The system shall have an administrative center for reviewing quality assurance, including detailing broken lin:<s on the website, including the referring page location so that links can be corrected. 3.1.4.3 Sitewide Spellchecker 3.1.4.3.1 The system shall have a Spellchecker that checks spelling of words across the entire website. 3.1.4.3.2 The spell checker shall create a report of misspelled words. 3.1.4.3.3 The spell checker shall allow an Administrator to correct misspelled words from the generated report. 3.1.4.4 Versioning and Rollback Capability 3.1.4.4.1 The system must support versioning of files, pages, sections, and sites. 3.1.4.4.2 All versions must be retrievable with the ability to roll back the currently published version to a previous version. 3.2 Website Content Management 3.2.1 Content Management System (CMS) 3.2.1.1 The system shall have a Content Management System (CMS), an application used to manage web content, allowing multiple contributors to create, edit, and publish content to the website. 3.2.2 Content Rich Text Editor 3.2.2.1 The CMS shall have an advanced WYSIVVYG (What you see is what you get) rich text editor for content additions and updates with a ba.iiC set of simple options and tools to input and edit content with established site styles. 3.2.2.2 The CMS Rich Text Editor shall enable real-time collaborative editing of certain content outside of established template styles using features found in desktop word processors such as styles formatting (bold, italic, underline, bulleted and numbered lists), tables, block quoting, Spell - checker, web resource linking, safe undo function, image inserting, paste from Word, and other common HTML formatting tools. 3.2.2.3 The Rich Text Editorshall include spell -check functionality. 369 3.2.2.4 The CMS shall support the ability for users with appropriate permissions to embed code and/or widgets within a page. This shall include the ability to embed videos, widgets/gadgets, polls, quizzes, slideshows, comment forms, and any other content that can be included via iframes, JovaScript, or other standard browser plugins. 3.2.2.5 The CMS must enforce the following validation rules before publishing a page. If any of the rules below are violated, the page must be returned to the page owner with a note indicating which violation rule was violated and what action must be taken to resolve the issue before the page can be published. 3.2.2.5.1 Every page must have at least one component on it before it can be published. 3.2.2.5.2 Every page must be assigned a unique friendly URL before it can be published. 3.2.2.5.3 All images must have an ALT tag applied for accessiaility. 3.2.3 Content Types 3.2.3.1 The CMS shall support the creation and utilization of content types. The current set of content types that are created and utilized, and shall be supported, includes: 3.2.3.1.1 URLs 3.2.3.1.2 Links 3.2.3.1.3 Pages 3.2.3.1.4 Site sections 3.2.3.1.5 Blog post 3.2.3.1.6 PDF Files 3.2.3.1.7 Articles 3.2.3.1.8 Images 3.2.3.1.9 Videos 3.2.3.1.10 Audio 3.2.3.1.11 RSS feeds 3.2.3.1.12 Events 3.2.3.1.13 Maps 3.2.3.1.14 Embedded code (available CMS widgets) 3.2.4 Content Categories 3.2.4.1 Administrators shall have the ability to create content categories within CMS applications and modules and edit the parameters for categories. 3.2.5 Content Tagging 3.2.5.1 Administrators and Content Contributors shall have the ability to create and add topic-related tags to published pages or posts which shall be displayed graphically on the pages or posts. 3.2.5.2 A site user shall have the ability to click a topic tag and see all content that has been tagged into that topic. 3.2.6 Content Scheduling 3.2.6.1 Content added to the site, whether as part of page content or additions to plug-in applications or modular elements, shall feature delayed posting and automatic expiration abilities. 3.2.7 Content States 370 3.2.7.1 The CMS shall allow for the following content states 3.2.7.1.1 Draft—The content is being drafted, has not been approved, and has not been published. 3.2.7.1.2 Published —The content has been drafter, approved, and published. 3.2.7.1.3 Expired —The content has reached an expiration date and automatically unpublished. 3.2.7.1.4 Archived —The content stays within the CMS, but it is no longer displayed to the website visitor. 3.2.8 Content Expiration 3.2.8.1 The CMS shall allow for content to expire and automatically unpublish. 3.2.8.2 Notification of expiration of site content shall be received by Content Contributors and Administrators through notifications available via the CMS, including a dashboard administrative display and e-mail notifications. 3.2.8.3 The dashboard shall also detail the dates for when specific content was last updated and allow for notifications when certain time periods are reached. 3.2.9 Archiving 3.2.9.1 The CMS shall support content contributors to be able to archive pages, in a system database, complete with its metadata attr,butes and its link designations. 3.2.9.2 Archiving a page should not archive all content on that page so those assets remain available for use on other pages of the site. 3.2.9.3 The CMS shall provide functions..+ity for individual instances of links on an individual page to be disabled, and thus not published. 3.2.9.4 The CMS shall provide functionality to archive external links and URLs, and their attributes indefinitely. 3.2.9.5 For links, archiving a link shall involve the removal of every instance of the link across the sites, and with the normal link change notification processes being followed. 3.2.9.6 The CMS shall provide functionality to retrieve and publish previously archived pages, links and URLs. 3.2.10 Media Management 3.2.10.1 The CMS shall have image management tools for the addition of images to onsite content through web pages and modular elements associated with the CMS. 3.2.10.1.1 The CMS shall have image edi ing and auto -formatting abilities on uploaded images, including the ability to change opacity, resize images dynamically based on width and height, ability to constrain proportions, flip images, rotate images, crop images, restore images and save altered images as a thumbnail or alteration of the original upload or to replace the original upload with the altered image. 3.2.10.1.2 The CMS shall have the capacity to upload multiple images at one time and associate images with specific pages; the maximum file size should be no less than two (2) megabytes. 3.2.10.1.3 The CMS shall provide the abili.y to preview images prior to association with on-site content. 371 3.2.10.1.4 The CMS shall have the ability to alter image properties, including image width, image height, capability to associate or disassociate width and height, image alignment, margins and application of Cascading Style Sheet (CSS) classes from overall website styles. 3.2.10.1.5 The CMS shall have the ability to compress image file sizes. 3.2.11 Testing/Staging 3.2.11.1 The system shall allow for a test environment to preview single pages and sections of the site before publishing. 3.2.12 Uniform Resource Locators (URLS) 3.2.12.1 The CMS shall support users with appropriate permissions to create both internal and external URLs in the CMS. A URL is a unique instance of destination page. Internal URLs refer to specific pages, allowing staff to link to internal pages from multiple locations on the site. External URLs refer to content on other websites. 3.2.12.2 The CMS shall accommodate URLs that have multiple associated Links throughout the website. 3.2.12.3 The CMS shall support the requirement that URLs shall be unique in the CMS repository. 3.2.12.4 The CMS shall support a validity check for URLs upon entry but if this check fails, it should prompt the user to enter a unique URL. 3.2.12.5 The CMS shall provide for the recording, retrieval and display of the identification of the last user to modify or add each URL. 3.2.12.6 The CMS shall automatically update the 'last updated date" on a page when a URL contained on the page is edited. 3.2.12.7 The CMS shall support the division of URLs into referencing internal (to the website) and external sites. 3.2.12.8 Editing an existing URL shall cause any pages that contain links that utilize the URL to be automatically republished without approval. 3.2.12.9 User-friendly URLS —System shall allow for creation of user-friendly URLs. A friendly URL accurately describes the page using keywords that are easy to read for both search engines and users. 3.2.13 Links 3.2.13.1 The CMS shall support an authorized user to be able to create .+inks in the CMS. A URL may have multiple links. To the site visitor, a link is what they see displayed on the page to click on, and the URL is where they will be taken after they click the link. The CMS shall support an authorized user to be able to create multiple links associated with the some URL, with the purpose of specifying alternate link text and other attributes. 3.2.13.2 The CMS shall provide for the recording, retrieval and display of the last user to modify or add a link. 3.2.13.3 The system shall have the ability to associate a file with a link. if the file is an image, the image should be displayed next to the link, or instead of the hyperlink text, as determined by the HTML templates. The images should be made clickable for the users so that when they click on the image, they will be taken to the URL specified in the link. If the file is not an image but some other format (PDF) than the clicking of the link will take the user to the file specified for download or viewing. 372 3.2.13.4 Links should be immediately published after being changed or added/removed from a published page. 3.2.14 Navigation Builder 3.2.14.1 The CMS shall provide a graphical user interface to build site navigation, including mega -menu capabilities. 3.2.15 Plugins/Widgets 3.2.15.1 The CMS shall have ability for authorized users to add, delete, and update available CMS plugins and widgets. 3.2.15.2 The CMS shall have the ability for authorized users to add and delete custom code for 3' party embedded app integration. 3.2.16 Workflow 3.2.16.1 The workflow for publishing content shall be, in order: 3.2.16.1.1 The Content Contributor or Administrator shall create a page using page templates. 3.2.16.1.2 The Content Contributor or Administrator shall have the ability to preview content. 3.2.16.1.3 The Content Contributor or Administrator shall submit content for review. 3.2.16.1.4 The Content Approver shall receive the request for approval and approves or denies content publishing request. 3.2.16.1.5 If approved by the Content Approver, the request advances to Administrators for approval. 3.2.16.1.6 If rejected, the content request shall revert back to the first step with the reason for rejection and requests for changes. 3.2.16.1.7 The Administrators approves content to publish to site. 3.3 Website Design 3.3.1 Consistency 3.3.1.1 The website design shall rem oinf unctio^ally and visually consistent throughout all pages to maximize usability and maintain a common branding of Indian River County. 3.3.1.2 Each page shall have a clear intention for the user while establishing a focal point where the most important information can be easily found. 3.3.1.3 Website features shall be aligned on a full -width grid layout (Bootstrap) with columns and sections that align. 3.3.1.4 Information shall be clean, simple, and ngn-confusing in appearance. 3.3.1.5 Website imagery shall be high-quality and professional in appearance. 3.3.1.5.1 The overall tone of imagery shall match the standardized color pallet in requirement 3.3.2.2 3.3.2 Styles 3.3.2.1 All website pages shall share a common set of styles, all sourced from the some Cascading Style Sheet (CSS) 3.3.3 Templates and Page Types 3.3.3.1 The CMS shall use page templates to generate webpoges. 373 3.3.3.2 The CMS shall support authorized users to be able to create, modify, register, maintain and apply page templates and types to individual pages, which will contain and display content developed and stored in the CMS. 3.3.3.3 The CMS shall support authorized users to be able to select page types and templates from a list when they are creating pages. 3.3.3.4 The CMS shall support the creation, modification, placement, maintenance of various page components and component types, in crder to differentiate page templates and types. 3.3.3.4.1 Template page types shall be: 3.3.3.4.1.1 County home page 3.3.3.4.1.2 Department home page 3.3.3.4.1.3 Section page 3.3.3.4.1.4 Article page 3.3.3.4.1.5 Blog section page 3.3.3.4.1.6 Blog article page 3.3.3.4.1.7 Photo gallery page 3.3.3.4.1.8 Contact page 3.3.3.5 The CMS shall provide the functionality to add new page types. 3.3.3.6 The CMS shall have the ability for Administrators to restrict the editable parts of page posts to specific design style. 3.3.4 Header 3.3.4.1 The website shall have a consistent header across all site pages to include the County logo, header navigation, and social media navigation. 3.3.4.2 The CMS shall have the ability to add an Emergency Alert box to the top of any page. 3.3.5 Logo 3.3.5.1 One consistent County logo shall be located at the top left of every web page. 3.3.6 Footer 3.3.6.1 All web pages shall have a consistent footer with Copyright notice and footer navigation. 3.3.7 Navigation Menu Structure 3.3.7.1 The website shall have a dynamic menu structure, with the ability for approved users to easily add, edit, move and delete menu items in multiple structural areas of the site. 3.3.7.2 Navigation shall be consistent between pages. 3.3.7.3 The dynamic menu structure shall include the following navigation types: 3.3.7.3.1 The site shall have Header (top) Navigation. 3.3.7.3.1.1 The Header Navigation shall be a megamenu, a type of expandable menu in which many choices are displayed in a two-dimensional dropdown layout 3.3.7.3.1.2 The website shall have consistent header navigation on the top of each web page. 3.3.7.3.1.3 The header navigation shall have a home button link to the County home page. 374 3.3.7.3.1.4 The header naviga ion shall have a link to the Board of County Commissioners site section. 3.3.7.3.1.5 The header navigat-on shall have an A -Z Guide & Dept/Division site navigation dropdown menu. 3.3.7.3.1.6 The header navigation shall have a "I want to" navigation dropdown menu for popular web services. 3.3.7.3.1.7 The header navigation shall have a link to the Event Calendar 3.3.7.3.1.8 The Header Navigation shall have a link to the staff Contact Directory 3.3.7.3.2 The system shall have sidebar static navigation that can be applied to pages of a section or department. 3.3.7.3.3 The system shall have a footer navigation component that can be applied to all web pages. 3.3.7.3.3.1 The footer navigation shall have a link to -he County Accessibility Statement. 3.3.7.3.3.2 The footer ravigation shall have a link to the County Website Policy. 3.3.8 Design Elements 3.3.8.1 The website shall use a standardized co'or palette (five or fewer total colors). 3.3.8.2 The website shall use a limited cumber of fonts (three or fewer). 3.3.8.2.1 The chosen font typefaces should have a variety of weights and styles that can be used strategically in the (User Interface) UI design. 3.3.8.3 Website imagery shall be high-quality and professional in appearance. 3.3.8.3.1 The overall tone of website imagery should generally match the standardized color palette. 3.3.8.4 Each web page shall have a clear intention for the user while establishing a focal point where the most important information can be easily found. 3.3.8.5 A web site user shall be able to intuitively navigate the website, and navigation techniques should be consistent between pages. 3.3.9 Home Page 3.3.9.1 The website home page shall display a visually appealing slideshow of County scenes and areas of interest. 3.3.9.2 The website home page shall display a prominent section of the most commonly visited/searched services as described in requirement 3.4.2. 3.3.9.3 The website home page shall display a prominent, graphical calendar function displaying the current month and highlighting key meetings and happenings. 3.3.9.4 The home page shall have an easy tool to identify in which Commission District an address is located. (GIS app link) 3.3.9.5 The home page shall link to constitutional officers. 3.3.9.6 The website home page shall be designed to minimize scrolling by directing users to content rather than posting content to the home page. 3.4 Features 3.4.1 Automatic Sitemap 375 3.4.1.1 The CMS should automatically create cnd update a sitemop when content is added, edited or removed from the site. 3.4.1.2 The CMS should automatically create and update on -page breodcrumb navigation when content is added, edited or removed from the site. 3.4.2 Dynamic Featured Content 3.4.2.1 The system shall have a dynamic featured content section on the home page where the contents are based on most visited searched for content. 3.4.2.1.1 CMS Identifies top 6 searched phrases and identify possible category. 3.4.2.1.2 Dynamically Serve category link and icon on home page. 3.4.3 Frequently Asked Question (FAQ) App 3.4.3.1 The system shall have a searchable Frequently Asked Questions module accessible from all webpages for site visitors to find answers to common questions. 3.4.4 Site Search 3.4.4.1 The website should have one unified system for search, with all fields searchable. 3.4.4.2 The website shall provide configurable search results screens, such that metadata can be added or removed from display on the search results screen. 3.4.4.3 The website search interface shall be keyboard accessible. Specifically, users shall be able to tab to the next entry field. 3.4.4.4 The website shall display the related UnL in the results, when searching for links. 3.4.4.5 When searching for content, within search results, the website shall provide to the user a numerical count of the items returned, rhe title of the item, the description of the item (if applicable), and the elements of the secrch results shall be clickable. 3.4.4.6 Users shall be able to sort search results by date, content, title or relevance, users able to filter by type of content and easily apply advanced search techniques, such as Boolean, if desired. 3.4.4.7 Administrators shall have the ability to fine tune the search results by using synonyms for common words or terms, and promote pages through the use of keywords. 3.4.4.8 The system shall have search functionality that will search web content as well as the contents of PDF files and metadata of Videos and Audio files. 3.4.5 Social Media Integration 3.4.5.1 The website shall Integrate Twitter and Facebook feeds and othersocial tools, including the ability to comment on specific pages and/or events through social media. 3.4.5.2 The website shall have page -level shareability, follow, like, etc.; article -level shareability must be unobtrusive but clear; ability to globally add or remove social networks as they gain or lose market, ability to embed social media feed and livestreams within pages. 3.4.6 Forms 3.4.6.1 The system shall have the ability for site visitors to complete and submit forms electronically. 3.4.6.2 The system shall have a form designer interface for users with appropriate permissions to design and configure web forms. 3.4.6.2.1 The form designer shall have tie ability to design forms with drag and drop form fields. 3.4.6.2.2 The form designer shall have the ability to design a form confirmation page. 376 3.4.6.2.3 The form designer shall have the ability to design an autoresponder email template. 3.4.6.2.4 The form designer shall have the ability to set the CSS of global forms or individual forms. 3.4.6.2.5 The form designer shall have common input validations. 3.4.6.2.5.1 Required fields 3.4.6.2.5.2 Max length 3.4.6.2.5.3 Pattern 3.4.6.2.5.3.1 Custom 3.4.6.2.5.3.2 Currency 3.4.6.2.5.3.3 Date 3.4.6.2.5.3.4 Phone 3.4.6.2.5.3.5 Social 3.4.6.2.5.3.6 Zip 3.4.6.2.6 The Form Designer shall have the following form Processing options: 3.4.6.2.6.1 Show a "confirm the submission" page. 3.4.6.2.6.2 Auto response option with designer. 3.4.6.2.6.3 Save form submissions to database. 3.4.6.2.6.4 Send form via email. 3.4.6.2.6.5 Load value from URL. 3.4.6.2.6.6 Email user confirmation. 3.4.6.2.6.7 Assign unique ID to be used for form confirmation number. 3.4.6.2.7 The form system shall allow for secure upload of specific documents. 3.4.7 Public Records Request Module 3.4.7.1 The system shall have a process for a user to make a public records request. 3.4.7.1.1 The process to make a public records request shall be: 3.4.7.1.1.1 User inputs public records request requesting one of the following records: 3.4.7.1.1.1.1 Personal Records 3.4.7.1.1.1.2 Utility Records 3.4.7.1.1.1.3 Plans/Pernits/Inspections 3.4.7.1.1.1.4 Right of way project plans 3.4.7.1.1.1.5 Fire reports/inspections 3.4.7.1.1.2 Public Records search for ordinances and resolutions direct to http://ircdocs.indian-river.org. 3.4.7.1.1.3 Public Records search for all others to http://ori.indian-river.org 3.4.7.2 The system should have a method of public record workflow management. The process of public records requests workflow should be: 3.4.7.2.1 Requestor receives time -stamped public records request acknowledgement email. 3.4.7.2.2 Dashboard shows submitted public records requests to Public Records Custodian. 3.4.7.2.3 Public Records Custodian assigns public records requests to applicable staff. 377 3.4.7.2.4 County staff uploads records to applicable file share, marks delivery completed. 3.4.7.2.5 Public Records Custodian responds to requestor with applicable file share link. 3.4.7.2.6 Staff can manually erter public records requests. 3.4.7.2.7 The statuses of a public records request shall be: 3.4.7.2.7.1 Unassigned 3.4.7.2.7.2 Preparing 3.4.7.2.7.3 Redaction 3.4.7.2.7.4 Completed 3.4.8 Utilities Application for Service Module 3.4.8.1 The system shall have a process to apply for water and sewer service. 3.4.8.2 The process to apply for water and sewer service shall be: 3.4.8.2.1 User completes and submits the application for water/service. 3.4.8.2.2 Autoresponder email' 3.4.8.2.2.1 An autoresponder email shall be sent to the customer confirming application receipt. 3.4.8.2.2.2 The autoresponder email shall include link to upload driver's license copy. 3.4.8.2.2.3 Conditional logic check for lease requirement - The application shall have the question "Are you the owner or renter?" If application checkbox for renter is checked, the autoresponder email shall include a link to upload lease agreement. 3.4.8.2.2.4 The autoresponder email shall provide an estimated cost of deposit based on service request formula. 3.4.8.2.2.4.1 The estimated cost line in the autoresponder shall contain the d.Fsclaimer "In addition to any outstanding balances due." 3.4.8.2.2.5 The autoresponder email shall contain a unique ticket number. 3.4.8.2.3 The system shall save each application to database record set. 3.4.8.3 The system should have a method of application workflow management for customer service staff to manage submitted opplicatiors. The process of application workflow should be: 3.4.8.3.1 Applications shall be collected in an unclaimed inbox. 3.4.8.3.2 Staff shall have the ability to assign applications to themselves or other staff. 3.4.8.3.3 Applications shall have one cf the following statuses: 3.4.8.3.3.1 Unassigned —Application not assigned to a staff member 3.4.8.3.3.2 Assigned —Application is assigned to a staff member 3.4.8.3.3.3 Pending payment — Application is pending payment for approval 3.4.8.3.3.4 Approved and Completed. — Application is approved and service turned on. 3.4.8.3.4 The system shall have the ability for staff to email customer through the system 3.4.8.3.5 The system shall have the ability for staff to approve an application. 3.4.8.3.6 The system shall have the ability to send an autoresponder email to the customer with a service activation message. 378 3.4.8.3.7 The system shall have the ability for staff to manually enter a customer application into the system. 3.4.9 Graphical Media Delivery 3.4.9.1 The CMS shall allow for image slideshows of defined dimensions with features to alter the order/speed/duration/transition of slides. 3.4.9.2 The CMS shall have a built-in video player with standard player controls and the ability to display closed -captioned content. 3.4.9.3 The CMS shall allow for a static image banner of defined dimensions. 3.4.9.4 The CMS shall have page content transition and scroll animation capability. 3.4.10 Event Calendar 3.4.10.1 The system shall have an event calender application allowing unlimited calendar categories, facilities, and meeting rooms. 3.4.10.2 The Event Calendar shall have capability to set up single or recurring events, with options for daily, weekly, monthly or annual recurrences. 3.4.10.3 An event within the Event Calendar shall have data fields including: 3.4.10.3.1 An event shall have an Event Title. 3.4.10.3.2 An event shall have an Event Address. 3.4.10.3.3 An event shall have a description with ability to post an image. 3.4.10.3.4 An event shall have tags assigned to categorized types of events. 3.4.10.3.5 An event shall have a cost fied to display the cost of the event, if applicable. 3.4.10.3.6 An event shall have a link to the event organizer's website, if available. 3.4.10.3.7 An event shall have a County Facility, chosen by dropdown list. 3.4.10.4 The Event Calendar shall have capability to filter by category, start date, end date, & keywords. 3.4.10.5 The Event Calendar shall have capability for site visitors to view calendars by list of events, by week view, or month view. 3.4.10.6 The Event Calendar shall have capability to filter items shown on the calendar by category, start date, end date, & keywords. 3.4.10.7 The website home page shall have a prominent graphical calendar function displaying the current month and highlighting upcoming events and meetings. 3.4.10.8 The Event Calendar shall have capability for site visitors to subscribe to calendar. 3.5 Communication 3.5.1 Electronic Newsletter 3.5.1.1 The system shall have a newsletter feature. 3.5.1.2 The newsletter feature shall allow website visitors to subscribe (Opt -in) for newsletters by department or tagged content ('topic interest). 3.5.1.3 The newsletter feature shall allow content contributors and administrators to: 3.5.1.3.1 Manage subscribers by adding or deleting. 3.5.1.3.2 Create a newsletter and newsletter templates. 3.5.1.3.3 Send newsletters to selected subscribers. 3.5.2 Polls and Surveys 379 3.5.2.1 The system shall have the ability to create and publish a poll and/or survey to the website. 3.5.2.2 The poll and survey data shall be accessible to authorized users on the CMS dashboard. 3.5.2.3 A reports feature shall be available to run data reports from submitted poll and survey data. 3.5.2.4 The system shall have a method to generate embedding code to be used on the website, external sites, and social media sites. 3.5.3 Blogs 3.5.3.1 The system shall allow the creation of multiple blogs to be used by different individuals or departments within the organization. 3.5.3.2 The logging functionality shall include rhe ability to tag or categorize posts into topics. 3.5.3.3 Blog content shall have the ability to be published on a schedule. 3.5.4 Social Media Publishing 3.5.4.1 Published site content shall be sharable to County social media sites. 3.5.4.2 The system shall have the ability to post to Twitter and Facebook directly from the CMS for news, events and blog posts. 3.5.4.3 The social media posting feature should include the ability to customize messages and images in the post, schedule posts for any time, pest to multiple accounts and track posts in a calendar or list view. 3.5.5 Staff Contact Directory 3.5.5.1 The site shall have a staff contact directory listing employee name, address, job title, and phone extension. 3.5.5.2 The staff contact directory shall be sourced from Active Directory integration. 3.6 System 3.6.1 Updates 3.6.1.1 The system shall have the ability for users with appropriate permissions to apply available CMS system updates manually or on a schedule. 3.6.2 Backups 3.6.2.1 The system shall have the ability to run backups on a schedule or manually. 3.6.3 Support 3.6.3.1 Vendor support - The vendor's CMS, including all features and modular applications associated with the CMS, shall have qualified and available support accessible from the system. 3.6.3.2 Support materials — The CMS shall have available support materials such as training manuals, instructional videos, or help button feature to guide staff users on system functions and features. 3.6.4 Accessibility 3.6.4.1 The website template pages shall be designed with WCAG 2.1 Standards. 3.6.4.2 The CMS shall have an image alternative text (Alt tag) tool for content contributors and administrators to add alternative text to all images. 3.6.4.2.1 The CMS should not allow a page with images to be published unless the alt tag for all images within the page have been filled in. 3.6.4.3 The CMS link tool shall provide a link description tool to accurately describe the link destination for assistive technologies. 380 3.6.4.4 The website shall offer accessibility tools for users to adjust font size and contrast. 3.6.5 Mobile Responsive Design 3.6.5.1 The system shall allow for responsive design in template pages so all pages on the website will automatically detect screen resolution and respond with a view of the site that is optimized specifically for that screen. 3.6.5.1.1 The responsive templates shall use the bootstrap framework to achieve a fluid grid system. 3.6.5.1.2 Media queries shall be used to alter the layout of template elements when screen sizes meet size thresholds of tablets and mobile devices in both portrait and landscape orientation. 3.6.6 Security 3.6.6.1 The System shall provide protection against DDoS & other cyberattocks. 3.6.6.2 The website shall be secure utilizing NTTPS encryption. 3.6.6.3 The CMS shall comply with the Cybersecurity requirements of the NIST Cybersecurity Framework version 1.1. 3.6.6.4 The CMS shall comply with the Cybersecurity requirements of the NISTSecurity and Privacy Controls for Information Systems and Organizations (SP 800-53 Rev.5). 3.6.7 Performance 3.6.7.1 The website shall load quickly (within 2-3 seconds) on a standard workstation with an Intel Celeron N4010 processor (or batter), r.Iith 4 GB of RAM (Rapid Access Memory). 3.6.8 Language Translation 3.6.8.1 The website shall have the functionality for the user to select multiple language translations. 4 Desired Capabilities 4.1 The system should have the following capabilities which would give Indian River County the option to consolidate currently offered web -based services in the future. 4.1.1 The system should have Legislative Meeting Management Software capabilities. 4.1.1.1 The Legislative Meeting Management Software should have the capability to compile and upload meeting agenda packets. 4.1.1.2 The Legislative Meeting Management Software should have the capability to compile and upload meeting minutes. 4.1.1.3 The Legislative Meeting Management Software should have the capability to record and upload meeting video. 4.1.1.4 The Legislative Meeting Management Software should have the capability to send an email notification when agendas, minutes, or video are posted. 4.1.2 The system should have mass alert notification capabilities. 4.1.3 The system should have park/facility/programming reservation capabilities. 4.1.3.1.1 The park/facility/programming reservation system should facilitate payment processing. 381 4.1.4 The system should have Public Service Request capabilities. 4.1.5 The system should have Job Application capabilities. 4.1.5.1 The Job Application Module should allow for HR staff to post available jobs and job applications. 4.1.5.2 The job Application Module should allow for site visitors to apply for open positions online. 4.1.5.3 The job Application Module should allow for HR staff to manage job applications. 4.1.6 The system should have Bid and RFP posting capabilities. 5 References 5.1 Acronyms 5.1.1 CMS: Content management system. 5.1.2 CSS: Cascading Style Sheet 5.1.3 DDoS: Distributed Denial of Service Attack 5.1.4 HTML: HyperText Markup Language 5.1.5 HTTPS: Hypertext Transfer Protocol Secure 5.1.6 UI — User Interface 5.1.7 URL: Uniform Resource Locator 5.1.8 WCAG: Web Content Accessibility Guidelines 382 pj ( bS"1 22, 12 -G • I. 41 O v o E L O O v 41 41 O p U N c O N N � o U 1 N u CL CL C) m 1 p �O 3 0 c co Nv- O _f_— ai ut -o O f6 N •C � O p � � o 3 f6 ++ C Om N p N Q U p s c �, y ~ C N U Q L C L ui N M O C Q p aa) V <a N 2 m O N mN m° (A41 v c °) m O 41 U C c co E (n O o a) +' Ua)3 c a U 4° aa)c 'a-' s N L c •O C C C c O W 41 C c ca Cc U0- N a c M p (! E 'O ra L co +, ++ N vi 'a O -O Q. O aJ F C) +� p N a� O U 07 r6 —_- a CJQ 3 U 1 w _0 O U t C O C = a > 3 U o 0 ns o_ -C a E L U N + ? w 3 o 3 =+° w 0 0) - N w L C >. O O O Ol•<n d a N o U. w C N= 07 C Y =p O `7 U O N T N 'IA L a a y U '> N w C,U N E w 0 0 N O N w O O 0 = 01 ff >, = a .� -C > N N N L v N O O ro Y a+ + v w on cUo roo rn E >_ 3 o w a w s= E .0 w O N U 0 vu cuc' o N E 0 o w ='a 'a w E i E o N L-0 a c=o E E> Q) Y = C O O v CL m a) CY)3 `UM o c N - X N t N _a w •� 3 '� "L ns N >• d. 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E J O V Y U I _ .O =• N a w g N N CL Ln o w c W Q u c 0 0 > ac E ,w `w o 7 U E 1 Q m 3 11 V x C C Q N W 2 O N Y Y O C c C j cco L m M > 0 0 w� c c V a - '� 0_ C m U U Q a m Z CL Q S 33Z- Z OJNTY • e a " r O U •c E E U o4f osl 22 IZ 15, I. 3S2 -3 U � i 7 4 D m m a N � N 7 N u c ru 'N L ° o N m d m o E m E° 0 O v m Q O ai .� m Q .m+ ui '> a °' (u c E 3 � _ O � 7 a ° 7 p E v L m a° 7 N o E( 3 L E "3 N N _ c E L w o R (V a y. 5L a' O m W '6 Y + '3 u a v m LL o. c o - o v o — m o 3 E o c a o-0 a 3 '9 c o 7 N v Q y 7 U fl E U a> pr N c 20: Q L 3 ° - a v= i LL a) U > > } Q m W c N C V c c Ucr 0 u E m E v In d N E v E aY i7 N a c N a7 V N C + N N 7 m U x m° m i m a u-0 m. o O Q D E W Q Ul Q Q I C N Q 3 OJNTY • e a " r O U •c E E U o4f osl 22 IZ 15, I. 3S2 -3 F A O O N o o v N a) Q � 3 U m oE 7 N O r u O Q y O N > CO N m > L 9 c*o L u i r m u c `•- 01 U 3 � Q UIQ �c u 4-J c * u ac o (u � E m a � v N N S 0 E m 0 O � n + u O L a) 0 O C aL•� N 3 O * u Q — � 0 o o m u Q N o Z c u m L c 0 o C N a) •�' 0 u a Q a) c m L 0 C: U D 0 O O a m N i U O O a) Z tLL oi[oSJ 22 V - C• I. On' N u a) u U m + 3 N v ° o u U Ol li m > .F O N Q o t � a) o c � v � v a) •� N ; m -c u_ T E� C= N Y C (n C U L m `0 U v u w m . o o � Q- E E N U = v u X E f0 c C '� al a) O E U > �a N L Y u a;E =' C cr a m Q u u a Of V a_ Q O O .v L C E H cn in (,•� u o m Q (u u ❑. u uE .0 0) C V? � ? Q C m O 7 2 a) -0 N + O +L C C E r- LL c r v m 3 0 y ULOS1 o u � �; LL UI u u � N o CL N w o a oo aj m Q+ — + u E U O ul L O O al >o uQ 0 •E u _ CL m E m Q u —� + a >' •E m m L u, a H U O a) O C O C (n O -0 m a > 'n Q O^ al Q a) u o 26 W E O_ vR +L 4' OU On' 3bZ- A Ln L U 0 N V N � U C l6 > �a v Of V a_ Lf) 3bZ- A C � U N U O p +C+ 'p N O7 O C3 C C O .� C C N 7 d ++ v •� c c E u d O Ol U + v U U C d ^, aJ N U � N � a W O u N O i- O � � N � O_ Ul + + CA ? Q N Q1 E V N C N (a al cn ca LL N O_ E Lr - O C 3 U 0 c U a a m T i Ol I..L C y0-. 6 C: v C ++ U N V 61 d 7 mal v C ui !tea m@_ �03 c fa in ar *' •— a E � rn U c v (n m O v ui u E 7 O m EO w N N N N N i 6 ro t O U N 41 O _C 9 a �kIM /34 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: March 24, 2022 SUBJECT: Affordable Housing Advisory Committee — Planning and Zoning Commission Member and Alternate Pursuant to section 308.07 of the Indian River County Ordinance Code ("Code"), the Affordable Housing Advisory Committee can include a citizen who actively serves on the county's local planning agency (Planning and Zoning Commission). On November 9, 2021, the Indian River County Board of County Commissioners appointed Beth Mitchell as an alternate in the event the main Planning and Zoning Commission member, Curtis Carpenter, was unable to attend an Affordable Housing Advisory Committee meeting. Beth Mitchell is no longer able to serve as the alternate. On March 10, 2022, Curtis Carpenter volunteered to be the alternate and Mark Mucher volunteered to be the Planning and Zoning Commission member on the Affordable Housing Advisory Committee. The Planning and Zoning Commission recommended that Mark Mucher serve as the Planning and Zoning Commission member and Curtis Carpenter serve as the Planning and Zoning Commission alternate on the Affordable Housing Advisory Committee. FUNDING. There is no funding associated with this item. RECOMMENDATION. County staff recommends that the Board appoint Mark Mucher serve as the Planning and Zoning Commission member and Curtis Carpenter serve as the Planning and Zoning Commission alternate on the Affordable Housing Advisory Committee. 383 I% APRIL 05, 2022 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 25, 2022 SUBJECT: Request from Vero Beach Wine & Film Festival to use Commission Chambers FROM: Peter D. O'Bryan, Chairman Commissioner, District 4 Discussion Item: The Vero Beach Wine and Film Festival is happening this June in Vero Beach and event organizers have reached out and requested the use of the Commission Chambers from June 9d' — 12'h for showings of some of the movies. As the schedule has not yet been finalized, we cannot calculate the user fees. Once the schedule is finalized, the County Administrator will calculate the non-profit user fee in addition to any staff overtime that is required. The organizers are aware of the fees and have agreed to pay them. They do not plan to serve wine during the showings. Action: I am asking the Board to give permission to the Vero Beach Wine and Film Festival to utilize the Commission Chambers on June 9" —12'`° 2022. 384 April 05, 2022 ITEM 14.A.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 30, 2022 SUBJECT: Appointment of Vice Chair Earman to Medical Examiner's Building Advisory Committee FROM: Peter D. O'Bryan, Chairman Commissioner, District 4 Discussion Item: After the Tri County meeting where a presentation was made by the Medical Examiner's office for a new Office Building, Ann Bolduc with Senator Gayle Harrell's office organized an advisory committee with each county having a representative. The Board approved me to be the representative. Due to a scheduling conflict on the first meeting, I requested that the Board approve of Commissioner Joe Earman to be my alternate. This was approved by the Board and Commissioner Earman attended the first meeting of the committee. As this process seems to be slow moving and very drawn out, and my time is running out on the Commission, I believe it is in the best interests to appoint Vice -Chairman Earman as the Primary appointee to the committee. 385 1gA1 April 5, 2022 ITEM 14.13. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 28, 2022 SUBJECT: Update on Medical Examiner's Advisory Task Force Regarding a New Medical Examiner's Office FROM: Joseph H. Earman Commissioner, District 3 Background I'd like to bring the Board members ua-to-date on the topic of a new Medical Examiner's Office. 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AUTOPSIES IN COUNTY 168 157 59 370 B. TOTAL AUTOPSIES IN DISTRICT 754 754 754 754 AUTOPSY RATIO WB) 32.28% 20.82% 7.82% 49.07% AUTOPSY RATIO X 0.5 11.14% 10.41% 3.91% 24.54°% C. DEATHS IN COUNTY 2,715 2,468 657 4,432 D. TOTAL DEATHS IN DISTRICT 10,272 10,272 10,272 10,272 DEATH RATIO (C/D) 26.43% 24.03°% 6.40°% 43.15% DEATH RATIO X 0.5 13.22% 12.01°% 3.20% 21.57°% E. COUNTY AUTOPSY AND DEATH RATIO 24.36°% 22.42% 7.11% 46.11°% F. DISTRICT AUTOPSY AND DEATH RATIO 100.00°% 100.00°% 100.00% 100.00°% THE COUNTY TO DISTRICT RATIO (E/F) 24.36°% 22.42°% 7.11% 46.11% 100.00% THE COUNTY PERCENTAGE (E/F X 100) 24.36°% 22.42°% 7.11°% 46.11°% • 2019 Design • 5 Autopsy Stations • Storage Cooler for 50 • Decomp Cooler • Observation Room • Wellness Room • Administration and Support Areas • TOTAL AREA: 17,193 sf Comparable Building A NEW OFFICE BUILDING FOR THE MEDICAL EXAMINER 1497 COUNTY SERVICES PARKWAY MARIETTA, COBB COUNTY, GEORGIA Possible Floor Plan i OW Mc TOFU lr� Mimi MT1 oil AM Ewa WN - rt, U-1 3 all Item 14.13.1. 04/05/2022 �/�1 ,7�/'4 Item 14.13.1. 04/05/2022 Approximate Cost Study • Remnant Construction & Core Construction provided assistance • Used Cobb County Plans for Study • Estimate includes: shell construction, interior building out, and site development • Estimate does not include: design and permitting, civil, landscaping, IT, off-site, FF&E oty Unit Unit Price Total Conceptuaf Estimate 17,000 5= S 405.00 S b.SII5 000 Prrriaq base�on O� 2P22 constrvuipn star! GENERAL DESIGN ASSUMPTIONS FOUNDATIONS 5-d F-t.nl STRUCTURE Tie Will/stealiPot HVAC SYSTEM DXRomtoppacAagr Una. EXTERIOR VENEER concrete rdn terturp I01 ROOF SYSTEM LMC/SBSMod Bd FINISHES Tlo`. bsOtubcnal o,ad- The assumed protect scope generally consists of shell construction, interior Duild-out and site development _YK for a on—tory 17,000 SF lab building. SCOPE DESCRIPTION SCOPE DESCRIPTION Oi R.j fZ DESIGN FEES SCOPEOUTLINE CIVIL I LANDSCAPE SIT E DEVELOPMENT - ON SITE ARCH, STRUCTURAL, MEF. ID UNDERGROUND UTILITIES -ON SITE LOW VOLTAGE OFF-SITE WORK / VTNITY EETEASto- INDIRECTCOSTS BUILDING FOUNDATIONS COI.?RAC TOR GE NERAL CONDITIONS BUILWNG $HELL PAYMENT 6 PERFORMANCE BONDS INTERIOR BUILDOUT GL IN5URANCE LOW VOLTAGE CONOVIT S PRE -WIRE BORDERS RISK INSURANCELGE EOUIPMENT 8URDING PERMIT S IMPACT FEE 5 n(ICYE"LT' THRESHOLD INSPECTIONS SITE ASSUMPTIONS STONMATER POND STORMWATER VA TS IMPORT FILL LIFT $TATION UNSUITABLE SOILS RE MEDIATION Item 14.13.1. 04/05/2022 SCHEDULE OF PROJECT COMPONENTS COST 1, CONSTRUCTION COSTS Ia. 18ase Construction Cwt (from Contractors) $6,885,000 Add'I Extraordinary Comtruction Com b. Environmental Impacts/Mitigation $0 c Site preparation Included d. tandscape/Irrigation $250,000 e. Plaza/Walks $150,000 E Roadway improvvments $0 g. Parkingspaces: $750,000 h. Telecommunication $750,000 L Electrical service $650,000 j. lWate,disvib.tion $100A00 k. Sanitary sewer system $150,000 1. Chilled water system Included m. Storm water system $1A00A00 n. Ener yefficient equipment $0 o. Other. Subtotal: CONSTRUCTION COSTS 1$10,585 2. OTHER PROJECT COSTS a. Wexisting facil arquisi ion" so b. Professional Fees 1) Planning/programming(ME) (2%) $211,700 2) A/E fees (7.8%) $825,630 3) Inspection Services"' (s .0.5%) $52,925 4) On-site representation (1.3%) $137,605 5) Other prof services"` (sugg. 0.5%) $52,925 c Testing/wrveys(2.2%) $232,870 Id. jPerinkfmuonmental Fees— $150,000 e. Misceltane0us CC51"" (sugg. 13%) $317,550 f. Movable equipment furnishings(10.2%) $1,000,000 Subtotal: OTHER PROJECT COSTS $2,981,205 TOTAL COSTS 1 $13,566,205 COESCAtAT ION (Assume 20%) $2,713,241 TOTALST APPROXIMATE COSTS $16,279,446 Initial Funding Request • District 1 made similar request for funding of PD&E study • Estimated Cost: $200,000 • Scope of Study: • Space needs (population increase, aged existing facility, modernization) • Site and Building Planning • Cost Estimating 3R1-6 Item 14.13.1. 04/05/2022 Backup Slides ALL IN $/SQFT 1 $ 904.89 " $ 1,174.90 �511 - 7 VOLUSIA TREASURE COUNTY COAST County Share % Total Cost FACILITY FACILITY SITE (acres) 2.941 2 Indian River 0.2436 $ 4,920,720 BUILDING AREA 19,892' 17,193 Martin 0.2242 $ 4,528,840 FIFE BUDGET $ 372,906: $ 375,000 Okeechobee 0.0711 $ 1,436,220 COOLER AND MEDICAL EQUIP $ 2,000,000 $ 2,000,000 Saint Lucie 0.4611 $ 9,314,220 PERMITS, IMPACT FEES, AND $ 212,593 $ 250,000 MATERIAL TESTING FORECAST UNKNOWN 1$ 200,000 ANALYSIS ' Estimate provided by George Stokus, Martin County Assistant County ENGINEERING $ 1,600,000 $ 1,700,000 CONSTRUCTION Administrator and Martin County COST $ 13,814,501 15,675Q00 Representative at the Medical Examiner Advisory Task Force meeting. TOTAL $ 18,000,000 $ 20,200,000 ALL IN $/SQFT 1 $ 904.89 " $ 1,174.90 �511 - 7 m co a .x O c� ar O U 7 C c c Nf M `l U H G m n 0) t N N M N 3 � 0 N N N `- ' N Vt s� zz i481 rs 0% Im M cm w r N N W4 +� R � 4J rt N ':r tD r. Co 0 C m � E O # o Z Ku H N 7 7 i -a+ O O Z s e-1 Q O N � U � � H In sY rl a est in tD tD r N! 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W 0 0-.0- � o 0 0 N N o 0 0 0 -81-1 0 Z V O -;3- 1--d � LO C) LO ch ti Ln r- d N .- Ln .- O O r - a J c'M 1` O d O cv) �- CO O CO CO to W W m 0 o 0-.-0 -0 0 N o 0 o o 0 0 T O 0 o 0 = IQ 07 LO N Lf) � N O O O (� CO O O N�- W I� cy') co I- O I-- I -- LU Y O ? oo N o 0 0 0 0 �o Lo ONO d' N O O -q O V 0 0 O d N (VCD CJ O N N N N N Z -.-Cl o L() N o 0 0 0 o 0 Q W C CO q CO r co LO N (`) N N N CO C)Co m CD. co CO ch Z I` N N O co co rr O �r NCD N N 09 � � w U O X w W w U) U o Q w >- 0Lu 0 0 zzoo 0 U) w U X d 0 U �� O O OQI-1— I— OQ a_ LU Q Q Q cnQcoco _ w U)0Df >- U >- I— >- a- J=d OQOO = J== Q I- zcl� z > z F- f- Q F- Q Q D f- O O DO» wpww pcn U U QQ U0 w w Q m U b uJ LL I— I- Indian Ritter County, Florida Solid Waste Disposal District Board Memorandum Date: March 25, 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: Seventeenth Amendment to Republic Services Descriptions and Conditions: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement (Agreement) with Republic Services of Florida, Limited Partnership (Republic Services). The agreement is for the operation and maintenance of the county's Class 1 landfill as well as non -Class 1 landfill services. Per a contract extension by the SWDD Board on February 21, 2017, the agreement is valid through December 31, 2024. Under the terms of the Contract, Republic Services, at SWDD's request and subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide additional services in connection with the Indian River County landfill. In August of 2021, the gas collection and control system (GCCS) was expanded into Cell 1 of Segment 3 landfill. The GCCS expansion included ten side -slope collectors (SC). Each SC has two or three separate collection pipes so that, as waste is filled in Cell 2 of the Segment 3 landfill, the collection pipes could be utilized at different elevations. The waste has now reached the same elevation as the second highest collection pipe on each SC. These collection pipes should be extended out into the cell floor of Cell 2 at its current elevation so that additional landfill gas (LFG) can be captured by the GCCS and increase overall gas quality and flow at the LFG flare station. At this time, the GCCS system is collecting an average LFG flow of 900 standard cubic feet per minute (SCFM); however, we contractually need 1,150 SCFM for the renewable natural gas (RNG) project with the Nopetro Eco District, LLC, (Nopetro) which is building the facility on the adjacent Indian River Eco District, LLC property (IRED). The expansion of the LFG system is needed to increase the average flow. Staff is recommending approval of the attached Seventeenth Amendment to Republic Services to provide these additional services. Analysis: Republic Services has provided a proposal from t;neir subcontractor, SCS Field Services, for the expansion of the ten SCs. These costs are summarized in Table 1: 398 Table 1. 'Expansion of the Side Slope Collectors I ACCOUNT Description Rate Quantity Total Task 1—SCS Project Management $8,500 lump sum $ 8,500 Task 2 — Survey / As -built $4,400 per day 3 days $ 13,200 Task 3 — Mobilization / Demobilization $3,500 2 each $ 7,000 Task 4 — Side Slope Collection Extension Installation $88.50 per feet 3,000 feet $265,500 SCS Subtotal = $294,200 Republic Services Management Fee (15%) _ $ 44,130 Total = $338,330 The above costs are not to exceed $338,300 and include labor, equipment, materials and fuel. Funding: The Landfill Gas Expansion project is considered a "closure activity" and, as such, is funded from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements. Funding for the Seventeenth Amendment in the amount of $338,330 is available in the SWDD/Accrued Closure — I, II & Infill, account number 411-239006 (escrow), which is funded from SWDD assessments and user fees. DESCRIPTION I ACCOUNT AMOUNT SWDD/Accrued Closure — I, II & Infill 1 411-239006 (Escrow) $338,330 Recommendation: Solid Waste Disposal District staff recommends that its Board approve the Seventeenth Amendment to Republic Services landfill contract for the expansion of the landfill gas system; and authorize the Chairman to execute the agreement. Attachment: 1) Seventeenth Amendment to Republic Services 399 SEVENTEENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE THIS SEVENTEENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Seventeenth Amendment") is entered into as of the _ day of April, 2022 by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is 1801 27th Street, Vero Beach, Florida (hereinafter referred to as the "District" or "SWDD"), and Republic Services of Florida, Limited Partnership, whose address is 3905 Oslo Road, Vero Beach, Florida 32968 (the "Contractor"). RECITALS WHEREAS, on January 1, 2011, S v DD and Contractor entered into that certain Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement, dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to Contract Agreement, dated July 8, 2014; the Fifth Amendment to Contract Agreement, dated November 4, 2014; the Sixth Amendment to Contract Agreement, dated January 20, 2015; the Seventh Amendment to Contract Agreement, dated May 17, 2016; the Eight Amendment to Contract Agreement, dated December 15, 2016; the Ninth Amendment and Extension to Contract Agreement, dated February 21, 2017; the Tenth Amendment to Contract Agreement, dated September 12, 2017; the Eleventh Amendment to Contract Agreement, dated September 18, 2018; the Twelfth Amendment to Contract Agreement, dated September 10, 2019; and the Thirteenth Amendment to Contract Agreement, dated March 3, 2020; and the Fourteenth Amendment to Contract Agreement, dated July 14, 2020; and the Fifteenth Amendment to Contract Agreement, dated February 16, 2021; and the Sixteenth Amendment to Contract Agreement, dated February 1, 2022 (the "Contract") for the Contractor to operate and maintain the SWDD landfill and customer convenience centers ("CCCs"); and WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide additional services in connection with the Indian River County Landfill and the customer convenience centers not included above and as required by SWDD; and WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. Seventeenth Amendment to Contract Page 00 2. The existing Article 1 — SCOPE OF WORK of the Contract is modified to include the following: A. LANDFILL GAS SYSTEM EXPANSION. The Contractor shall provide the landfill gas system expansion services in accordance with the attached proposal from SCS Field Services. a. Landfill Gas Expansion — Contractor to provide the labor, equipment, fuel and materials to extend the ten (10) existing Side Slope Collectors up to a total of 3,000 feet. The services shall include pre/post surveying and final as -built record drawings. 3. The existing Article 3 — COMPENSATION of the Contract is modified to include the following: vii) A not -to -exceed payment of $338,330, which includes a 15% management fee to Contractor, for the Expansion of the Landfill Gas System. 4. Ratification. Except as specifically provided in this Seventeenth Amendment, all other provisions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Seventeenth Amendment to be executed by their respective duly authorized officers as of the day and year first written above. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Date Approved by SWDD: Approved By: (Owner) Solid Waste Disposal District Indian River County, Florida Peter D. O'Bryan, Chairman Approved as to Form and Legal Sufficiency By: Jason E. Brown, County Administrator Dylan Reingold, County Attorney Signed, sealed, and delivered in the presence Republic Services of Florida, Limited Partnership of: ("Contractor") By: Republic Services of Florida GP, Inc., its General Partner Print Name: Print Name: Seventeenth Amendment to Contract Page A#1 Print Name: Print Title: [remainder of page intentionally left blank] Seventeenth Amendment to Contract Page 3W2 From: Lewis. Brian M To: Himanshu Mehta; Ron T. Jones Cc: Wilson, Edwin Subject: FW: Indian River Landfill Side Slope Ccl'ector Extension Proposal Date: Friday, March 4, 2022 12:55:38 PM Attachments: IRLF Side Slooe Collector Extension Proposal Final.odf CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Gentlemen, Please review attached SCS side slope extension proposal and let me know if you wish to proceed. Note: There will be a 15% management fee added by Republic Services, Inc. if you choose to proceed. Thank you, Brian Lewis Post Collection Operations Manager 1327 74th Ave Vero Beach, FL 32968 e BLewis(@ReoublicServices.com o 772-794-2322 c 772-713-5560 w RepublicServices.com 1 ,�j� REPUBLIC' 4 SERVICES We'll handle it from here' From: Basconi, Brian <BBasconi@scsengineers.com> Sent: Friday, March 4, 2022 12:14 PM To: Lewis, Brian M <BLewis@rep ublicservices.com> Cc: Wilson, Edwin<EWilson5@republicservices.com>; Sherman, Randy <GSherman@republicservices.com>; Cartee, Tony <TCartee@scsengineers.com> Subject: Indian River Landfill Side Slope Collector Extension Proposal 403 This Message Is From an External Sender This message came from outside your organization. Brian, Please see the attached side slope collector extension proposal. As discussed the scope of work will be split into to two phases so that we can install the southern collector extensions first and then move to the north side once filling is completed to avoid any conflicts with operations. Thanks Brian Basconi Project Manager SCS Field Services 5850 South Semoran Blvd. Orlando, FL 32822 Cell: 401-486-4897 Office: 786-804-6128 ext. 2058 Fax: 954-418-9800 404 j REPUBLIC SERVICES 132774th Ave Vero Beach, FL 32968 Project Management fee to include but not li-nited to, all services required for planning, scheduling, coordinating and successful implementation of the project. Also, including the Operations Manager, Environmental Manag era nd staff'stime and oversight. Planning -3rd party vendor and IRC on area o^project, scope of services to be proposed, along with what IRC expects for end- product/service. Continuous follow-up of services ensuring scope of proposed service is met. Scheduling —Ongoing Communication with 3`a party vendor for mobilization dates and commencement dates for project. As well as, unloading materials that are shipped ahead of project. Oversight— Regular meetings with the county on noted improvements needed or engagement of our 3rd party gas well field vendor of needed improvement on our monthly gas call with the County. Once an improvement area is noted, Cost estimates are collected through 3rd party vendor and delivered to the County for approval. Once we have County approval Republic Services assumes all liability associated with the project. Republic Services observes the project to make sure quality work is performed until completion. 3rd party ivoices Republic Services at the end of each month, Republic Services then completes the invoice with the management fee added and send to the County for payment. Also noted our environmental manager is involved in a lot of these improvements for compliance regulations. March 4, 2022 Brian Lewis Landfill Operations Manager Republic Services 1327 74th Ave SE Vero Beach, FL 32968 Subject: Proposal to Extend Side Slope Collectors Indian River Landfill, Vero Beach, Florida Dear Mr. Lewis: SCS Field Services (SCS -FS) is pleased to prcvide this proposal to you for the subject work based on discussions between SCS -FS, Indian River County (County) and Republic Services (Republic). SCS -FS is prepared to schedule the work following approval by Republic. A summary of the scope of work and cost is outlined below. SCOPE OF WORK In August of 2021, the gas collection and control system (GCCS) was expanded into cell one of segment three. The GCCS expansion included ten side slope collectors (SC). Each SC had two or three separate collection pipes so that as waste is filled in cell two of segment three the collection pipes could be utilized at different elevations. The waste has now reached the same elevation as the second highest collection pipe on each SC. These collection pipes should be extended out into the cell floor of cell two at :ts current elevation so that additional landfill gas (LFG) can be captured by the GCCS and increase overall gas quality and flow at the LFG flare station. SCS -FS will provide labor, equipment and materials to extend each SC collection pipe approximately 200 to 300 feet into cell two at a 5% slope so that LFG liquids drain back into the landfill. Each extension length will depend o -i site conditions, filling operations and any obstructions that may be encountered while trenching. The extension piping will be 6 -inch HDPE SDR 11 perforated pipe. Geotextile fabric will be placed along the bottom of the trench and backfilled with six inches of number four non -calcareous stone. An additional foot of stone will be placed on top of the collection pipe once it is placed in the trench and the geotextile fabric will be wrapped over the top. Excavated waste will be used to backfill the remaining trench. Any excess waste that cannot be backfilled will be transported to the active fill area by SCS -FS. If SCS -FS determines that the depth of the trench has become too deep to use geotextile fabric the collector pipe will only be backfilled with six inches of stone below and one foot above the pipe. SCS -FS and John B. Webb & Associates, Inc. (JBW&A) will stake out the existing top of pipe locations at each SC to be extended prior to the mobilization of equipment to the site. After the completion of the SC extensions SCS -FS and JBW&A will perform an as built field survey of each extension pipe. JBW&A will update the as built plans that were provided by the County. 406 Due to ongoing filling operations in cell two the completion of all SC extensions make occur in two separate mobilizations so that trenching does not interfere will operations and vis versa. COMPENSATION The cost to perform the work will be invoiced on a time and materials basis based on the following unit rates: Description Rate Qty. Sub -Total Project Management $8,500 LS $8,500 Survey/As Builts $4,400/Day 3 Days $13,200 Mobilization/Demobilization $3,500 2 Ea. $7,000 Side Slope Collection Extension Installation $88.50/ FT 3,000 FT $265,500 Total: $294,200 CLOSING SCS -FS appreciates the opportunity to provide our proposal to Republic Services. If you have any questions or require any additional information, please contact Brian Basconi at 401-486-4897. Sincerely, t'� Za."_ Brian Basconi Project Manager SCS Field Services BB/GAC Figure Attached. Garold (Tony) A. Cartee Regional Manager SCS Field Services 407 7; z 4 cn ---- jj r i ¢ \ t J $se a r }ti 7; z 4 cn ---- jj 1963 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: March 25, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managirg Director, Solid Waste Disposal District Subject: Procurement of a High Pressure Skid System Descriptions and Conditions: The Solid Waste Disposal District (SWDD) has been operating a voluntary "low-pressure" landfill gas (LFG) collection and control system since 2004. Over :he past 17 years, the system has incurred routine wear and tear with certain items being refurbished or replaced. On October 12, 2021, the SWDD Board approved Work Order No. 44 to Kimley-Horn and Associates, Inc., (KHA) in conjunction with Biogas Engineering (BGE) to provide the design services to replace the current LFG flare skid by improving the blower system from a "low-pressure" to a "high-pressure' system, convert the mechanical relays to a programmable logic controller, and install a new flare that is properly sized for current and future needs. The approved scope also included the construction of a new LFG pipeline. These upgrades will accommodate the LFG needs of two ongoing projects. The leachate evaporation system (currently in design) will be constructed :approximately % mile from the existing LFG skid, and the renewable natural gas (RNG) project by Nopetro Eco District, LLC (in design) will be located on the neighboring Indian River EcoDistrict property. Both projects will utilize LFG as a fuel source. Therefore, a new LFG pipeline will be constructed to serve each project, and the LFG blower skid will be upsized to provide the necessary pressures to serve each facility. The high pressure skid system design is in final stages of completion; however, current market conditions and availability of materials have indicated that the lead-time for delivery of the LFG skid components will exceed 30+ weeks. In order to reduce the procurement time, staff requested KHA to review quotes from various suppliers for the fabrication of the high pressure skid system. Based on the evaluation by KHA, staff is recommending that we proceed with an agreement with BGE for the procurement of the high pressure skid system. Analysis: KHA has provided the attached evaluation of the bids from Perennial Energy, Inc. (PEI), LFG Specialties (an Aptim company) and BGE's fabrication group. 409 SUPPLIER QUOTE GELIVERYTIME COUNTY PROCUREMENT TIME TOTAL TIME BGE $ 789,000 35 8 43 PEI $ 758,054 38 8 46 LFG $ 768,503 41 8 49 Based on the current design work by BGE and the shorter delivery time, staff supports KHA's evaluation to select BGE as the supplier for the high pressure skid system. An additional two (2) month delay would occur if we were to advertise for 30 days and then select a supplier. An additional consideration in selecting BGE is that the shorter delivery time will equate to a faster transition from purchasing natural gas to using our own landfill gas. Given the fluctuation in fuel pricing, the slightly higher pricing for BGE fabrication should offset the savings in not purchasing natural gas. As part of the October 12, 2021, agenda item, it was referenced that the landfill gas flare skid improvements were estimated to be $1,000,000. The majority of the cost was for the fabrication of the system, and the rest was for the in -field installation. The current proposal from BGE is consistent with these cost estimates. Funding: The landfill gas flare skid improvements are considered a "closure activity" and, as such, is funded from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements. Funding for the for the landfill gas flare skid improvements in the amount of $789,000 is available in the SWDD/Accrued Closure — I, II & Infill account, number 411-239006 (escrow), which is funded from SWDD assessments and user fees. DESCRIPTION ACCOUNT AMOUNT SWDD/Accrued Closure — I, II & Infill 411-239006 (Escrow) $789,000 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Waive the requirement for bids to fabricate the high pressure skid system. b) Approve the agreement with Biogas Engineering to fabricate the high pressure skid system for a not -to -exceed cost of $789,000 and delivery in 35 weeks from notice to proceed. c) Authorize the Chairman to execute the same, after final terms and conditions have been approved by the County Attorney. d) Authorize payments as detailed in Section XI of the agreement. Attachment: 1. KHA Evaluation Memo 2. BGE Fabrication Agreement 410 Kimley»>Horn March 25, 2022 Mr. Himanshu Mehta, PE Managing Director Indian River County Solid Waste Disposal District 1325 741h Avenue SW Vero Beach, Florida 32968 RE: Landfill Gas System Improvements Comparison of Quotes for Blower and Flare Skid Equipment Dear Mr. Mehta The Indian River County (County) Solid Waste Disposal District (SWDD) has recently undertaken a project to upgrade the landfill gas (LFG) skid equipment, including the flare and blower system, to replace aging infrastructure and accommodate the LFG needs of two ongoing projects. The leachate evaporation system (currently in design) will ae constructed approximately'/ mile from the existing LFG skid and the renewable natural gas (RNG) project (also in design) will be located on the neighboring Indian River EcoDistrict property. Both projects will utilize LFG as a fuel source. Therefore, a new LFG pipeline will be constructed to serve each project and the LFG blower skid will be upsized to provide the necessary pressures to serve each facility. Current market conditions and availability of materials have indicated that the lead time for delivery of the LFG skid components will exceed 30+ weeks. Kimley-Horn and Associates, Inc. (Kimley-Horn) has subcontracted the design of the LFG system improvements to BioGas Engineering (BGE). Quotes for the LFG skid equipment were obtained from three companies by BGE, with one of those being from BGE's own in-house fabrication group. Kimley-Horn was asked by SWDD to provide an independent review of the three quotes received. It is important to note that aside from utilizing BGE for the system design, Kimley-Horn has no b isiness or investment interest in BGE as a firm. BGE requested quotes from Perennial Energy, Inc. (PEI), LFG Specialties (an Aptim Company) and BGE's fabrication group. The requested quotes (base bids) were to be for skid -mounted systems meeting standard minimum specifications for each piece of equipment that included: ■ Blowers (two, each with capacity of 1,500 standard cubic feet per minute) ■ Aftercooler ■ Control Panel ■ Variable Frequency Drives ■ Candlestick Flare ■ Flow Meters (3) ■ Programmable Logic Controller ■ Knockout pots ■ Miscellaneous piping Kimley»>Horn Page 2 The quotes also included provisions for commissioning services, instrumentation and controls for integrating the evaporation system and RNG project controls, upgrade options for the flow meters and PLC, an installation allowance and freight (a lump sum allowance for all 3 bids). Each of the three bids received included hard bids and model information for most base bid items. Exceptions or notable deviations area summarized as follows. PEI ■ Blower, aftercooler and VFD model details not provided, though the specifications for each meet or exceed the minimum requested level of service. Aptim Initial bid was adjusted by Aptim to reflect 3 flow meters (initially included only two). The updated bid did not include the requested upgrade to stainless steel piping (initially included carbon steel) or the addition of the aftercooler to the skid (initial priced on slab). These line costs were adjusted (not by Aptim) to match the pricing of the other two bids. BGE ■ BGE is proposing to purchase primarily the same manufacturers/components as PEI and Aptim but fabricate the skid remotely for faster delivery time. With all quotes adjusted to reflect similar flow meters, PLCs, skid mounted design, and stainless-steel piping, the comparison of the bids was completed and is summarized in Table 1. Supplier Quote Delivery Time County Total Time Procurement Time BGE $ 789,000 35 2* 37 PEI $ 758,054 38 8 46 Aptim $ 768,503 1 41 1 8 1 49 *BGE assumed faster delivery time due to ongoing work with the County. Other bidders assumed standard competitive bid process including 30 -day advertisement. Each of the three bids was within 2 percent of the high bid, with PEI being the low bidder; however, BGE noted the fastest total delivery time, including procurement time. As noted above, BGE assumed a 2 -week County procurement time due to the potential to expedite a purchase order given the ongoing work with SWDD. The resulting 37 -week delivery time would prioritize the BGE bid (which was a nominal $30,946 above the low bid). Normalizing BGE's procurement time to 8 weeks would increase the total delivery time to 43 weeks, which is slightly more expedited than the low bidder's estimate. Kimley»>Horn Page 3 It is Kimley-Horn's opinion that the adjusted bids are substantially similar and would provide for a comparable level of performance of the skid .-egardless of the provider. Both the quotes and the delivery total time to deliver the equipment (if normalized to 8 weeks of County procurement time) are tightly clustered. The County may opt to prioritize PEI's low bid (for a $30,946 savings) or BGE's delivery time (for a 3 -to -9 -week time savings, depending on procurement time). Please contact me should you have any questions or require additional information. Sincerely, JillimaI+i,CES Project Manager cc: Ron Jones, SWDD � � ! \\/ \}/ \FZ = $| f { : k ! z ! \\ / i # ) _ ■ E § \ § ;! \ )1! !) ;� UH k\� : | dell - - ���` \ )) ! \_ §) . r | # = 7() § ! # - _ � { s ! � � � ! � ) = f { / i # ) ■ § \ § ;! \ !) ;� dell - - ���` � \_ �■�� # ! # - _ � � Supply Agreement — Terms and Condtions Biogas Engineering Product Supply Agreement This Product Supply Agreement, herein referred as the Agreement, is entered into as of April _ , 2022 (the Effective Date) by and between BIOGAS ENGINEERING, a corporation organized and existing under the laws of the state of California, with its principal office located at 2321 E. 28`" Street , Suite 400, Signal Hill, California 90755, hereinafter referred to as BGE, and Indian River County Solid Waste Disposal District (SWDD), a dependent special district of Indian River County, Florida (the "District"), with its principal office located at 1325 74th Ave SW, Vero Beach FL 32968, hereinafter referred as Buyer. The BGE and the Buyer may be referred to individual -y as a Party or collectively as the Parties. Whereas, BGE is engaged in the business of design and fabrication of biogas (landfill gas, digester gas) treatment equipment including, without limitation, the components, equipment and instruments collectively packaged as Biogas collection and treatment (BGCT) Unit which are the subject of the purchase order attached hereto as Exhibit A and made a part hereof (the Products); Whereas, Buyer has requested and BGE has agreed to supply on the terms and conditions set forth below, the BGCT Unit more particularly set forth in Exhibit A; and Whereas, Parties want to establish purchasing procedures and the terms and conditions governing the purchase of additional products, parts, and services; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: I. Term. This Agreement shall be effective as of the Effective Date set forth above and shall continue for a period of Two (2) years or until the BGCT Units have been delivered to the Buyer, whichever comes later. If. Agreement of Purchase and Sale. Pursuant to the terms ant conditions of this Agreement, BGE agrees to sell to the Buyer, and the Buyer agrees to buy from BGE, the Products listed in Exhibit A hereto, in such quantities and at such prices as agreed by the Parties. Buyer shall submit to BGE a purchase order, in any format, identifying the Products it requests to purchase along with written design specifications and minimum requirements sufficient to facilitate creation of design concept and related drawings by BGE. Buyer shall sign and promptly return of a signed copy of BGE's quote and this Agreement signifying its acceptance of the quoted price and agreement to purchase the Products in consideration for payment of the same. All signed price quotes in the form specified above shall be attached hereto as Exhibit C and incorporated as a part of this Agreement. III. Drawings. BGE shall submit to Buyer a complete set of concept and design drawings for Buyer's approval within 3-4 weeks of receipt of Exhibit A. All approved drawings in the form specified herein shall be considered Exhibit B and become part of this Agreement. All technical drawings in this form are considered property of BGE. BGE retains all rights, indading without limitation, the exclusive right to license, use, and sell the same. Buyer shall have a license to use the products specified in Exhibit A as designed and fabricated by BGE. However this license does not permit Buyer to duplicate or copy BGE's design. IV. Fabrication and Lead Time. BGE reserves the right to select and utilize vendors, sub -contractors and/or fabricators to supply, fabricate and assemble the components and instruments which comprise the Products. Buyer authorizes BGE to engage fabricators, vendors, and/or sub -contractors (hereinafter "fabricator") at its discretion pursuant to separate agreement which specifies the obligations, risks, liabilities and scope of work to be performed by any fabricator so engaged. Approved drawings and Buyer's specifications shall be promptly returned to BGE to avoid fabrication delay. BGE's fabricator shall provide a quote to Buyer of estimated lead time based on commercially reasonable efforts for fabrication and delivery of the final Products. Estimated lead time includes consideration of production planning and logistical issues impacting fabrication and delivery and shall not be considered or interpreted as a guarantee of delivery time. Notwithstanding, BGE and fabricator shall use commercially reasonable efforts to complete and deliver final Products within the Leadtime specified in the proposal o- agreed upon both parties. V. Inspection and Acceptance. Buyer shall visually inspect finished Products for conformity with Exhibit B prior to taking possession of the same for shipment and deliver. Said inspection shall take place at Buyer's expense at fabricator's location. Buyer shall arrange inspection through BGE upon receipt of written notice from BGE of final assembly and fabrication :)f Products. Buyer shall promptly notify BGE of any defects or non -conformity within three (3) days said inspection. If the Buyer fails to arrange said inspection or notify BGE of any such defects or non -conformity within such period, the Products shall be deemed to be accepted by Buyer as -is and with all defects and/or then existing non -conformity with Exhibit B. To the extent that Buyer notifies BGE of any non -conformity with Exhibit B or other defect, and BGE confirms the same subsequent to its reasonable inspection of the Products, then BGE's sole liability and Buyer's sole remedy shall be replacement of the Products or other repair or replacement of the defective or non- conforming parts, components, or equipment or otherwise undertaking reasonable efforts to remedy said non -conformity or defect. To the extent that BGE is unable to replace or otherwise remedy all defective Products rejected by the Buyer, BGE may elect at its option, to reimburse the Buyer for the full purchase price thereof, including any related shipping costs and taxes. VI. Warranty and Limitations of Remedies; Disclaimer. A. BGE warrants that the Products supplied shall be free from defects in material and manufacture, conform to specifications, requirements and drawings set forth in the attached Exhibit B. If any Product fa is to conform to such specifications or any defect in material or manufacture appears within Twelve (12) months from the date Products are accepted for shipment and transferred to the possession of Buyer, then BGE's entire liability, and the Buyer's exclusive remedy, shall be, to repair or replace such defective Product within a reasonable time after written notification thereof or at the election and option of BGE, refund of the full purchase price as set forth above. B. All warranties provided by BGE as set forth herein are completely void if the Products are operated or used improperly by Buyer including without limitation the following: a. Pollution of the installation site with contaminants; b. Improper maintenance or storage; C. Operation of the Products above specified temperature limits; d. Operation of the Products above maximum design pressure limits; e. Failure to follow Product installation guidelines; or f. Improper handling of Products; C. Buyer's claim under any warranty made herein shall be accompanied by the following: a. A complete description of the problem; b. Photographs and/or video of the problem; and C. Documentation of the conditions related to operation and use of the Products Buyer shall also permit BGE to conduct a reasonable inspection of the Products and conditions of use prior to undertaking any repair or remediation. D. The limited warranties set forth herein do not extend to repair or replacement because of normal wear and tear, including any filters, absorbents, lubricants, fuses or sensors. All removal, installation and shipping costs related to the same shall be borne by Buyer. E. Buyer further acknowledges that there are certain hazards associated with the use of the Products and any gases produced from the same. Buyer shall be responsible for proper training of its employees, customers, and third parties exposed to such hazards in the prg41f5se and Supply Agreement — Terms and Condtions operation of the Products and for taking all appropriate action to warn and protect such individuals after Products are delivered and installed at Buyer's location. F. THIS WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE, EXCEPT OF TITLE AND AGAINST PATENT INFRINGEMENT. BGE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. BGE'S SOLE LIABILITY AND BUYER'S SOLE REMEDY FOR ANY DAMAGES, INCLUDING DAMAGE TO OR FAILURE OF THE PRODUCT, SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCTS OR ANY DEFECTIVE COMPONENT PART OR INSTRUMENT. IN NO EVENT SHALL BGE'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS FOR BREACH OF ANY WARRANTY SET FORTH HEREIN EXCEED THE TOTAL PURCHASE PRICE SET FORTH IN EXHIBIT A. THE LIMITATIONS CONTAINED IN THIS SECTION SHALL APPLY REGARDLESS OF WHETEHR THE CLAIM FOR DAMAGES IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR OTHERWISE, AND SHALL APPLY EVEN WHERE SUCH DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NGEGLIGENCE, GROSS NEGLIGENCE, ACT OR OMISSIONS OF THE PARTY CLAIMING DAMAGES OR THE PARTY FROM WHOM DAMAGES ARE SOUGHT. VII. Excuse of Performance. BGE shall not be liable for any nonperformance, default, or delay caused directly or indirectly by acts of God; acts, omissions or errors of Buyer; war; fire; flood; virus; plague; pandemic; epidemic; weather; sabotage; war, riot; civil commotion or unrest; strikes; lock- outs; slowdowns; picketing; labor shortage; supply chain interruption; inability to obtain materials, equipment, parts, supplies or other materials from regular sources; other labor controversies; accidents, shortages, or delays by carriers; action, request, regulation or order of any government or governmental authority; or any other similar happening, contingency, or event beyond the reasonable control of BGE or fabricator and/or through no fault of BGE or fabricator. Delivery or other performance may be cancelled or suspended by BGE or fabricator upon reasonable written notice provided to Buyer in the event of any of the foregoing. To the extent that BGE or fabricator determine that the ability to obtain materials, parts, components or equipment essential to completion of the Products described in Exhibit A is limited, hindered or rendered impracticable as a result of the causes set forth herein, commercially reasonable efforts shall be utilized to find suitable substitute or replacement or otherwise equitably allocate supply on hand among purchasers of similar products utilizing the same materials, parts, components or instruments to the extent such allocation is practicable without exposing BGE or fabricator to any liability to any such third party. However, the inability of BGE or fabricator to obtain such suitable substitute or replacement material, part, component or instrument or otherwise equitably allocate supply on hand of the same, shall not be considered a breach of this Agreement by fabricator or BGE and any such failure of performance resulting therefrom shall be considered excused by the express terms set forth herein. Buyer expressly understands and agrees that the pricing wid rates of some commodities and materials, such as, without limitation, steel pipe, may increase due to supply chain disruptions and shortages resu:!ting in daily fluctuations of market price. Buyer hereby agrees to pay actual market price paid by BGE for any such commodities and materials utilized in the fabrication of the products described in Exhibit A. Vlll. Cancellation, Termination, and Amendment of Purchase Order. The Buyer may, in whole or in part, request changes, additions or amendment of any Purchase Order submitted to BGE by providing seven (7) days' notice to BGE of such requested change, addition or amendment provided that the same is consistent with the drawings attached as Exhibit B. If the requested changes, additions, or amendments are acceptable, BGE may revise quoted pricing or estimated lead time commensurate with such changes, additions or amendments. In the event of a material breach of this Agreement by BGE, Buyer may terminate or cancel this agreement only if BGE fails to cure said material breach within a reasonable time of receiving written notice from Buyer describing the material breach in question. In the event that Buyer fails to pay the quoted price set forth in Exhibit C as agreed in accordance with the terms of this Agreement, BGE may elect to terminate or cancel this Agreement unless Buyer cures the breach of its obligations to pay within five (5) days of its eceipt of written notice from BGE concerning the same. Buyer agrees to pay all costs including the pro rata purchase price set forth below along with the non-refundable actual cost of any component, instrument or equipment ordered by BGE or fabricator for inclusion on the Product as of the date of termination. In the event of termination or cancellation by Buyer after acceptance but before placement of any orders for components, instruments or equipment by fabricator or BGE with any third -party vendors or suppliers, Buyer shall pay all costs incurred by BGE plus10% of the total purchase price. In the event of termination by Buyer after BGE or fabricator has placed orders for any components, instruments, or equipment with any third -party vendor or supplier but before commencement of assembly or fabrication, Buyer shall pay up to 50% of the total purchase price at the election of BGE. In the event of termination after commencement of fabrication or assembly, Buyer shall pay up to 90% of the total purchase price. Buyer shall arrange to take possession of the Products without the benefit of any warranty set forth in this agreement, and shall have the products delivered and shipped from fabricator's location to Buyer's location at Buyer's expense as -is and with all then existing defects. In the event of termination after completion of assembly and fabrication, Buyer shall pay 100% of the total purchase price. Buyer shall arrange to take possession of the Products without the benefit of any warranty set forth in this agreement and shall have the products delivered and shipped from fabricator's location to Buyer's location at Buyer's expense as -is and with all then existing defects. IX. Delivery of Products/Shipping/Risk of Loss. BGE shall delver the completed Products and tender possession to Buyer at fabricator's location (the Delivery Point) within five (5) days' of BGE's receipt of notice of completion of assembly and fabrication from fabricator. BGE assumes no responsibility for the Products, and all risk of damage, loss, or delay of the Products, until such time as the Products are tendered at the Delivery Point shall pass to the Buyer as fabrication and assembly progresses in accordance with section X above. Buyer shall arrange for inspection, shipping and delivery of the Products to Buyer's location and all cost of shipment and delivery shall be borne by Buyer unless otherwise agreed in writing by BGE. Buyer shall also notify BGE and fabricator of the identity of shipping carrier and anticipated date of pick up or transfer to carrier within five (5) days of acceptance of Products for delivery following inspection or waiver of inspection as set forth above. X. Pricing. BGE shall supply the Products to the Buyer at the prices specified, quoted and accepted in Exhibit C, attached hereto and made a part hereof (hereinafter "Purchase Price') subject to the limitations set forth in section VIII above. With the exception of taxes (state or Federal), the Purchase Price of each Product includes acquisition, assembly, and fabrication of all component parts and instruments, all applicable taxes, customs duties, export duties, or similar tariffs or fees that BGE may be required to pay or collect in connection with the performance of its obligations under, or in furtherance of, this Agreement, and all packaging required for transfer o- Products to shipping carrier selected by Buyer. The Buyer will not be charged for insurance or storage of the Products unless otherwise agreed or absent failure of Buyer to arrange for inspection, shipment and delivery as set forth in section X above. XI. Payment Terms. Buyer shall remit, per the Florida Local Government Prompt Payment Act, payment of the quoted and accepted Purchase Price set forth in Exhibit C to BGE, at the addresses listed in Section XVI hereto in accordance with the following schedule: 15% upon acceptance of the price quote attached in Exhibit C — Net 30; 30% upon approval of drawings attached in Exhibit B — Net 30; 35% upon receipt of the major equipment — Net 30; 10% upon notice of commencement of fabrication and assembly — Net 30; 5% upon inspection and acceptance for shipment and delivery — Net 30. 2 416 Supply Agreement — Terms and Condtions 5% upon commencement of commissioning or within 180 days of delivery whichever is first — Net 30 BGE retains a security interest in the Products until the balance of the Purchase Price is paid in full. XII. Intellectual Property. Buyer acknowledges and agrees that the Products purchased hereunder and designed and produced by BGE and/or BGE's fabricator may include patented processes and components created, invented and registered by other third -parties (hereinafter licensed IP) and licensed to BGE to be included in the Products supplied under this agreement to Buyer. BGE represents to Buyer that it is licensed and authorized to sub -license the licensed IP to Buyer ONLY as an integral component part of the Products. Buyer understands that it is only permitted to utilize and practice the licensed IP as an integral component of the Products supplied by BGE under this agreement. BGE shall notify the owner of all such licensed IP of identity of Buyer. XIII. Confidentiality. Except as may be required in the maintenance and use of the Products or with BGE's prior written consent, the Buyer shall not, either directly or indirectly, in whole or in part, use or disclose to any person, firm, corporation, or other entity, any of BGE's confidential information or any sub -licensed IP, which may include (but not be limited to) records, vendor lists, data, formula, documents, drawings, inventions, methods, or processes. Information about the Products that is revealed during the Term is confidential and shall be protected from disclosure. XIV. Indemnification. The Buyer shall at all times indemnify, defend, and hold harmless BGE against all claims, actions, damages, losses, liabilities, and expenses, including reasonable outside attorneys' fees, arising out of or caused by any breach of any of the representations, undertakings, or agreements made by BGE in connection with: A. Any claim of breach of any express or implied warrarty or negligence or strict liability, product liability, or similar theory in connection with the production, design, sale, or use of any of the Products in accordance with the terms of the warranty provided in Section VII; B. Any claims of patent or trademark infringement, or other violation of intellectual property rights of third persons in connection with the production, design, sale, or use of any of the Products purchased by Buyer hereunder or the other intellectual property pertaining thereto in accordance with Section XIV above; and C. Any and all other claims and liabilities of every kind o• character whatsoever arising out of, or related to, the installation, maintenance or use of the Products by the Buyer hereunder, unless the same result solely from BGE's or fabricator's gross negligence or knowing violation of law. Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return -receipt requested) to the respective Parties as follows: • If to the BGE: 2321 E. 28`h Street, Suite 400, Signal Hill, California 90755; Garora@biogaseng.com • If to the Buyer: 1325 74th Ave SW, Vero Beach FL 32968; hmehta@ircgov.com (street address, city, state, zip code, email). XV. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the Parties agree :hat the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungemerrt of the invalid provision. XVI. No Waiver. The failure of either Party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. XVII. Entire Agreement. This Agreement shall constitute the entire agreement between the Parties and any prior negotiation, communication, understanding or representation of any kind preceding the date of this Ag eement shall not be binding upon either Party except to the extent incorporated in this Agreement. Any modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement shall be binding only if placed in writing and signed by each Party or an authorized representative of each Party. The rights of each Party under this Agreement are personal to that Party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other Party XVIII. Counterparts and Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. Any digital, electronic or facsimile of any signature affixed hereto shall be considered valid and binding and shall be afforded the same force and legal effect as an original wet signature. XIX. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly - constituted authority will be followed and complied with in all respects b} both Parties. XXI. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida and Buyer hereby consents to and accepts the jurisdiction of Indian River County with respect to any and all disputes arising hereunder. WITNESS our signatures as of the day and date first above stated. Biogas Engineering, Inc. (Signature of Officer) Bv: (Printed Name & Office) (Signature of Officer) By: (Printed Name & Office) BGE 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. BGE is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. TERMINATION IN REGA?DS TO F.S. 287.135: BGE certifies that it and those related entities of BGE 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. OWNER may terminate this Contract if CONTRACTOR, including all wholly ownec 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. EXHIBIT A Purchase Orders EXHIBIT B Drawings EXHIBIT C Accepted Price Quotes 417 Exhibit A This page is left blank as purchase orders will be issued by Indian River County once item is approved by the Board of County Commissioners. ° ■■; � , k ■■■ § /- 0E [ - (} 5ƒ C.0 ) ■& <o {\ CL W �B7 a z-� j � , m Lu' § � �/\§ ■ ��� z ( § § « t §( gar, 2 ' ( ! df (2 , �® � EICI & /)\ , 2§/ i )■k q \ � \x {� } ¥ � \ (\ § k§ t /j k w © o� §/ G� §k\ \ Ld � § � ° k ■r■ z ° - § _- _ � )) [ § § \\ cm \ §) � uj yes k \ ❑M }\� \ �- \ -` �b * }• \ \� / z \ § Kk , \f ! \ \ - (\ ®RD !; [n» ( §)} ^ 2 §;§ ) i90J. §o ! ¥; { 2 ) \ j . ; / /2 § ` _ ( )§ ) ar ! §( k ;\ la�\: ` ■§- ; w &■a : e ° \ !j■ ® ® (K \ \ / g2 / & // ■ C.0 § % & $§ 2 §;§ \ ee\ (2; a_z z �-a )f$ ® cm �§(k r FQM �a ' ■;. �\ \§! 2- G< » [\ E § ° )\ ■ \ 32 |k k ■ 4 ! �§ ;S2 r (§( f ! as � & ( . lip § ®« a \ - %| ol o w§ a , _ }\ ,� m� _ _ _� __-____ __,_ , INIDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT VERO BEACH, FLORIDA BLOWER AND FLARE SKID PROPOSAL Date 03/25/2022 422 BIOGAS ENGINEERING +1 (562) 786-5656 Page 1 of 5 IRC SWDD Table of Contents Blower and Flare Upgrade Section 1.0 Introduction............................................................................................ 2.0 Process Inlet Conditions......................................................................... 3.0 Equipment Detail and Pricing................................................................ 4.0 Shipment................................................................................................ 5.0 Exclusions............................................................................................... Page 423 BIOGAS ENGINEERING +1 (562) 786-5656 Page 2 of 5 IRC SWDD Blower and Flare Upgrade 1.0 INTRODUCTION Biogas Engineering is offering a high-pressure blower skid and flare system to the Indian River County - Solid Waste Disposal District (SWDD). The skid will be capable to remove landfill gas (LFG) from SWDD's landfill, pressurize it utilizing multistage centrifugal blowers and then cooling the pressurized gas so that it can be injected into a pipeline. The pressurized LFG will be distributed to two potential end users, or is can be sent to the flare that will be located at the blower site. 2.0 PROCESS INLET CONDITIONS Based on information received by SWDD and understanding the required pressure to get LFG to the potential users, BGE will provide a skid that will handle the following design basis, as shown in Table 1. Application .. .• .. Landfill Gas Inlet Pressure 60" WC Outlet Pressure 8 PSIG Volume 1400 scfm initially, capability to expand to 2800 scfm Inlet Temperature 110 F Outlet Temperature <120 F 3.0 EQUIPMENT DETAIL AND PRICING 424 BIOGAS ENGINEERING +1 (562) 786-5656 Page 3 of 5 PropertiesTable 1: Landfill Gas .... Item Description Unit Quantity Total Price Price 1 Blowers: Included is two blowers that will be LS $771,000 1 $771,000 Series Multistage blowers from Lonestar (or comparable). Equipped with 125 ho electric motors and VFDs. Room for a third blower and ancillary equipment will be available on the skid. • Blowers are equipped with standard carbon steel shaft which can be upgraded to stainless steel for added moisture and extended corrosive gas protections for $1,000/blower. • Standard air-dry coating included in price. Baked on coating for higher temperature services (>200 F) can be added for $1,750/blower. 2 Skids: The equipment will be installed on two skids. One will be dedicated to the blowers which will be designed to accommodate three blowers. 424 BIOGAS ENGINEERING +1 (562) 786-5656 Page 3 of 5 IRC SWDD Blower and Flare Upgrade 4.0 SHIPMENT Delivery schedule is estimated 37 weeks. This is based on two weeks for procurement cycle and three weeks for finalization of drawings which is in the 37 -week window. 5.0 EXCLUSIONS The following items are excluded from this scope of work. 1) Any items or works that are not stated or clearly identified in this document. 425 BIOGAS ENGINEERING +1 (562) 786-5656 Page 4 of 5 PropertiesTable 1: Landfill Gas .• .. Item Description Unit Quantity Total Price Price Two blowers will be installed initially with ability to add a third in the future. The second skid will be for the aftercooler. Skid sizes are approximately 12'X24' and 12'X30'. 3 Aftercooler: Aftercooler will a model 93BZF from AXH Air -Coolers (or comparable). Equipped with a 20 hp motor. • Hail guard can be added for additional $1,900. • Shipping protection of tube bundle with plywood can be added for $800 (not required if hail guard is installed.) 4 Meters: Includes three Rosemount Compact Conditioning meters. Individual meters would be installed on each pipeline that would go to the two end users and one meter would be for the flared gas. 5 Flare: Candle stick flare capable of handling full design flow. Manufactured by Perennial or comparable. 6 Misc: Piping on skid will be 304 stainless steel and will include recirculation line for added turndown. PLC will be Allen Bradley Compact Logix. All necessary interconnecting piping, spools, valves and flanges included. System will include inlet and outlet knock -out pots. 7 Commissioning: Price includes five days of commissioning time for one person (including travel). 8 Freight (estimate) — charged at cost plus 15% $18,000 9 TOTAL $789,000 4.0 SHIPMENT Delivery schedule is estimated 37 weeks. This is based on two weeks for procurement cycle and three weeks for finalization of drawings which is in the 37 -week window. 5.0 EXCLUSIONS The following items are excluded from this scope of work. 1) Any items or works that are not stated or clearly identified in this document. 425 BIOGAS ENGINEERING +1 (562) 786-5656 Page 4 of 5 IRC SWDD Blower and Flare Upgrade 2) Client to provide power supply of 480 V, 220V and 120V to the Skid.. 3) Any lifting device such as sling, shackle, beam, chain, hook, etc. 4) Freight and shipping cost to the jobsite in Vero Beach, FL. Provided as estimate only at this time. 426 BIOGAS ENGINEERING +1 (562) 786-5656 Page 5 of 5 158� f Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: March 24, 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: Final Pay to Geosyntec for Work Order No. 3 — Phase I Redevelopment for South Gifford Road Landfill Descriptions and Conditions: On May 22, 2018, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved the conceptual redevelopment plan prepared by the Treasure Coast Regional Planning Council (TCRPC) for the former South Gifford Road landfill site (Gifford Landfill) and directed staff to obtain a cost proposal to implement Phase I. The Gifford Landfill covers approximately 115 acres, with the northern 55 acres owned by IRC, and the southern 60 acres owned by the City of Vero Beach. The environmental compliance of the Gifford Landfill is managed by SWDD. On October 23, 2018, the SWDD Board approved Work Order No. 3 to Geosyntec Consultants (Geosyntec) in the amount of $15,882 for the Phase I project. As a reminder, Phase I in the redevelopment plan was "Frontage Improvements and Open Field" and focused on the surficial land clearing and disposal of the brush on approximately eight acres, which would include the three acres in the front and a five -acre area to serve as an open field. Additionally, this phase included installing approximately 30 trees along the 41st Street frontage with an associated irrigation system for the frontage and open field areas. On January 21, 2020, the SWDD Board approved Amendment No. 1 to Work Order No. 3 for $21,948.58 to Geosyntec to complete the request for add tional information by the IRC Community Development Department (CDD), which included the performance of a tree survey for the five -acre portion of the site to be cleared and changes to the landscape plan. On November 16, 2021, the SWDD Board approve=d Amendment No. 2 to Work Order No. 3 to Geosyntec in the amount of $82,054 to update the design plan for clearing, fencing, landscaping, Floridan aquifer well installation, irrigation system installation, and gravel parking. The ultimate goal was to finalize the bid specifications package and obtain recent pricing for the Phase 1 redevelopment work. The total approved amount for Work Order No. 3 and Amendments No. 1 and No. 2 is $119,884.58. However, prior to finalizing the design plans and going to bid, SWDD staff met with representatives from the IRC Parks and Recreation department along with IRC Public Works and IRC CDD. As a group, it was determined 427 that the various improvements for this project along with future maintenance costs need to be further evaluated and budgeted prior to going out to bid. Based on this understanding, SWDD staff requested Geosyntec to pause the project and submit a final invoice. Analysis: Since the complete scope of work authorized under Amendment No. 2 to Work Order No. 3 will not be fully implemented, Geosyntec has compieted al= of the tasks related to finalizing design plans for a total invoiced amount of $75,458.45. The remaining contract balance is $44,426.13. Attached is Geosyntec's letter report describing in more details the services provided under this work order. Funding: Funding in the amount of $19,809.66 for this work is budgeted and available in the Optional Sales Tax/Landfill Groundwater Testing account, number 31521734-033490-03004, which is the one -cent sales tax fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one -cent sales tax, in addition to infrastructure. Description Account Number Amount Optional Sales Tax/Landfill/Landfill Groundwater Testing 31521734-033490-03004 $19,809.66 Recommendation: Solid Waste Disposal District staff recommends that its Board: a) Approve Geosyntec's final invoice amount of $19,809.66. b) Direct the funding of this project in a future Capital Improvement Element fund under the direction of the Parks and Recreation Department and Public Works Department. Attachment: 1. Geosyntec Project Completion Report & Final Invoice. Geosyutec" 1120 North 12i' Avenue Pensacola, Florida 32501 PH 850.477.6547 consultants www.geosyntee.com 22 March 2022 Mr. Himanshu Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue Southwest Vero Beach, Florida 32968 Subject: Project Completion Report Phase I Redevelopment for South Gifford Road Landfill Amendment No. 2 to Work Order No. 3 Former South Gifford Road Landfill Dear Mr. Mehta: As requested by Indian River County (IRC) Solid Waste Disposal District (SWDD), Geosyntec Consultants (Geosyntec) presents this project completion report for Geosyntec Project No. FR0766P — Phase I Redevelopment for South Gifford Road Landfill. This project was completed under Amendment No. 2 to Work Order No. 3, authorized on 16 November 2021, pursuant to the Renewal and Amendment No. 1 for Continuing Consulting Engineering Services Agreement between IRC and Geosyntec, authorized on 18 May 2021. Per election of IRC, the scope of work authorized under Amendment No. 2 to Work Order No. 3 will not be fully implemented. IRC intends to include budget in the Capital Improvement Plan needed to complete Tasks 3, 4 and 5 of Amendment No. 2 to Work Order No. 3 for future funding and redevelopment of the South Gifford Road Landfill. This report has been prepared as a supplement to our final Invoice No. 464864 dated 22 March 2022, which is attached. SCOPE OF WORK The scope of work authorized under Amendment No. 2 to Work Order No. 3 provided additional consulting services associated with Phase I of the Former South Gifford Road Landfill Redevelopment Plan. The project was executed under the following tasks (referred to as "phases" on Geosyntec's invoice): (i) Project Management and Meetings; (ii) Finalize Design Plans; (iii) Administrative Approval Application Submittal; (iv) Finalize Bid Specification Package; and (v) Bid Phase Support and Environmental Resource Permit (ERP) Exemption Assistance. Below is a summary of the work by phase that Geosyntec performed under this work authorization. Task 1— Proiect Management and Meetings Under this phase, Geosyntec performed project planning and management responsibilities, such as correspondence with IRC and three subcontractors, invoice review and completion, project PR22015_Project Completion Amendment No 2 WO No 3_FR0766P.doc engineers I scientists I innovators 429 Mr. Himanshu Mehta 22 March 2022 Page 2 coordination, and project administration. Geosyntec also prepared for and attended the IRC Board of County Commissioners meeting held on 16 November 2021. Task 2 — Finalize Design Plans Under this phase, Geosyntec worked with IRC SWDD to finalize the conceptual design components of the South Gifford Road Landfill Redevelopment Project including landscaping, tree survey, and irrigation design. Geosyntec worked with the following subcontractors: Schmidt Nichols Landscape Architecture and Urban Planning (Schmidt Nichols) to revise the landscape design plan as requested by the Community Development Department; Brown & Phillips, Inc. to complete a tree survey for the proposed Phase I redevelopment area; and • Ayres Associates, Inc. (Ayres) to design irrigation system specifications. Geosyntec designed an irrigation supply well and associated pump using irrigation system specifications from Ayres. Geosyntec also prepared a Site Plan figure incorporating all elements of the conceptual design. Task 3 — Administrative Approval Application Submittal No effort was billed under Task 3. Task 4 — Finalize Bid Specification Package: No effort was billed under Task 4. Task 5 — Bid Phase Support and ERP Exemption Assistance No effort was billed under Task 5. BUDGET The approved budget for Amendment No. 2 to Work Order No. 3 was $82,054. Previously approved budgets for this project include Work Order No. 3 for $15,882 and Amendment No. 1 to Work Order No. 3 for $21,948.58, for a total approved budget amount of $119,884.58. The total invoiced amount, including the final invoice, is $75,458.45, leaving a contract balance of $44,426.13. PR22015_Project Completion Amendment No 2 WO No 3_FR0766P.doc engineers I scientists I innovators 430 Mr. Himanshu Mehta 22 March 2022 Page 3 CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact Crystal Wilson at (850) 483- 5102. Sincerely, Crystal Wilson, P.G. (FL, AL) Project Geologist David J. Latham, P.G. (FL) Senior Geologist PR22015_Project Completion Amendment No 2 WO No 3_FR0766P:3oc engineers I scientists I innovators 431 Mr. Himanshu Mehta 22 March 2022 Page 4 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FR0766P South Gifford Road Landfill Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FR0766P (IRC Work Order No. 3, Amendment No. 2) 121364904 02/20/2019 $3,925.97 121371869 05/21/2019 $1,734.09 121383918 10/24/2019 $3,361.66 121388136 12/13/2019 $2,989.59 402621 05/21!2020 $8,883.19 404206 6/10/2020 $704.26 412745 9/15/2020 $808.55 414531 10/7/2020 $3,688.65 438146 6/16/2021 $4,378.79 440457 7/13/2021 $1,377.63 447222 9/16/2021 $2,411.93 449082 10/8/2021 $3,564.41 456410 12/16/2021 $11,004.78 458911 01/13/2022 $3,846.83 4613?6 02/09/2022 $2,968.46 464864 03/22/2022 $19,809.66 TOTAL $75,458.45 PR22015_Project Completion Amendment No 2 WO No 3 FR0766P.doc engineers I scientists I innovators 432 1120 North 121' Avenue GeosyntecPensacola, Florida 32501 PH 850.483.5102 consultants WWW.geosyntec.com 22 March 2022 Mr. Himanshu Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74t' Avenue Southwest Vero Beach, Florida 32968 Subject: Project Management Report and Transmittal of Invoice South Gifford Road Landfill — Redevelopment Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) prepared this project management report to address the Redevelopment project being conducted by Geosyntec on behalf of Indian River County (IRC) Solid Waste Disposal District (SWDD) at the South Gifford Road Landfill site. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; and (iv) recommended actions for the site. The enclosed invoice reflects labor and expenses through 20 March 2022 for work being performed at the South Gifford Road Landfill. Table 1 provides invoicing details for the project. Work Order No. 3 was approved by IRC on 23 October 2018 and Amendment No. 1 to Work Order No. 3 was approved on 21 January 2020. Amendment No. 2 to Work Order No. 3 was approved on 16 November 2021 to finalize the conceptual Phase I design plan together with IRC SWDD and to finalize the bid specification package and support IRC SWDD during the bidding process. The budget for the project was developed using labor rates that were approved by IRC for use in 2021 (Renewal and Amendment No. 1 for Continuing Engineering Services, authorized on 18 May 2021). PROJECT MANAGEMENT SUMMARY Geosyntec's Proiect No. FR0766P: Phase 1 Redevelopment for South Gifford Road Landfill (IRC Work Order No. 3, Amendment No. 2) Budget Overview Invoice No. 464864 dated 22 March 2022 for $19,809.66, Project No. FR0766P is enclosed. Listed below is a summary of the budget, including invoiced amount, and remaining budget. Geosyntec is within the budget appropriated for this project. Total Approved Budget for Work Order No. 3: $ 119,884.58 Total Invoiced Amount to -date: $ 75,458.45 Remaining Budget: $ 44,426.13 FR0766P/PR22016.docx 433 engineers I scientists I innovators Mr. Himanshu Mehta 22 March 2022 Page 2 Work Completed to Date Preliminary design for the landscaping along 41St street was completed in August 2019 (this included the updated survey from IRC). A preapplication meeting was conducted in August 2019 and comments were received from the Community Development Department in a letter dated 27 August 2019. Geosyntec worked with IRC SWDD to address comments provided in the letter and revise the conceptual design plans and bid specification package accordingly. A tree survey was conducted at the Site in March 2020 and provided to Geosyntec in April 2020 for transmittal to the landscape architect. The landscape architect completed the design in September 2020. As part of finalizing the conceptual design under Amendment No. 2 to Work Order No. 3, additional revisions to the landscape architect plans requested by the IRC Community Development Department were implemented in January 2022 by Schmidt Nichols Landscape Architecture and Urban Planning. The Phase I redevelopment area was shifted approximately 200 ft west to better accommodate future development plans. A tree survey of the new redevelopment area was completed on 2 March 2022 by Brown & Phillips, Inc. Design of an irrigation system for the Phase I redevelopment areas was completed in February 2022 by Ayres Associates, Inc., and design of a water supply well to be utilized as the source of irrigation water was completed by Geosyntec in March 2022. These design components were planned to be incorporated in the bid specification package. Work Reflected on Enclosed Invoice Labor and expenses reflected on the enclosed invoice are attributed to: Labor indicated as professional services ($9,641.75) is attributed to project management and administration; communication with IRC SWDD and subcontractors; finalizing the conceptual design components including tree survey and irrigation design; and design of an irrigation supply well and associated pump using irrigation system specifications. Reimbursable expenses ($9,878.66) include subcontractor costs associated with revisions to the landscape architect plans, a tree survey, and irrigation system design. The remainder of the invoice is associated with a communications fee per the contract. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact Crystal Wilson at (850) 483-5102. Crystal Wilson, P.G. (FL) Project Geologist FR0766P[PR22016.doex engineers I scientists I innovators Sincerely, David J. Latham, P.G. (FL) Senior Geologist 434 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FR0766P South Gifford Road Landfill Geosyntec Project Number/IRC Work Authorization Number Invoi-,e No. Invoice Date Amount FR0766P (IRC Work Order No. 3, Amendment No. 2) *Table also includes invoicesfor Work Order No. 3, and Work Order No. 3, Amendment No. 1 121364904 02/20/2019 $3,925.97 121371869 05/21/2019 $1,734.09 121383918 10/24/2019 $3,361.66 121388136 12/13/2019 $2,989.59 402621 05/21/2020 $8,883.19 404206 6/10/2020 $704.26 412745 9/15/2020 $808.55 414531 10/7/2020 $3,688.65 438146 6/16/2021 $4,378.79 440457 7/13/2021 $1,377.63 447222 9/16/2021 $2,411.93 449082 10/8/2021 $3,564.41 456410 12/16/2021 $11,004.78 458911 01/13/2022 $3,846.83 461-3,36 02/09/2022 $2,968.46 464864 03/22/2022 $19,809.66 TOTAL $75,458.45 FR0766P1PR22016.docx engineers I scientists I innovators 435 GeosyntecO consultants INDIAN RIVER COUNTY 1325 74TH AVENUE, S.W. VERO BEACH, FL 32968 Attention: HIMANSHU MENTA, P.E. PLEASE REMIT PAYMENT TO: Geosyntec Consultants, Inc. 900 Broken Sound Parkway NW, Suite 200 Boca Raton, Florida 33487-3575 USA Tel (561) 995-0900 Fax (561) 995-0925 Invoice #: 464864 Invoice Date: 3/22/2022 Project: FR0766P Project Name: GIFFORD REDV For Professional Services Rendered through transaction date: 3/20/2022 IF YOU HAVE QUESTIONS ABOUT THIS INVOICE, PLEASE CONTACT CRYSTAL WILSON AT 850-483-5102 WORK ORDER 3, AMENDMENT 2 DATED 16 NOVEMBER 2021 Statement Prior Billings $55,648.79 Current Invoice $19,809.66 Billed To Date $75,458.45 Paid To Date $55,648.79 Professional Services 3.0% Technology/Communication Fee Reimbursable Expenses Current Invoice "*Amount Due This Invoice ** Project Budget Expended to Date Contract Balance **Amount Due This Invoice ** $9,641.75 $289.25 $9,878.66 ------------------------ $19,809.66 $19,809.66 $119,884.58 $75,458.45 $44,426.13 $19,809.66 436 Project: FR0766P -- GIFFORD REDV Invoice #:464864 Phase: 01) PROJECT MANAGEMENT/MEETINGS Class/ Employee Name PROJECT ADMINISTRATOR Hours Rate Amount SHEPARD, DELAYNA 0.50 71.00 35.50 PROJECT PROFESSIONAL WILSON, CRYSTAL 9.50 203.00 1,928.50 Total Phase: 01) PROJECT MANAGEMENT/MEETINGS Phase Labor 1,964.00 3.0% Technology/Communication Fee 58.92 Phase: 02) FINALIZE DESIGN PLANS Class/Employee Name Hours Rate Amount STAFF PROFESSIONAL OUBRE, BETHANY 0.25 132.00 33.00 SENIOR STAFF PROFESSIONAL LANGTEAU, AMY 4.75 154.00 731.50 SANCHEZ, STEPHANIE 0.50 154.00 77.00 PROJECT PROFESSIONAL NELSON, CAROLINE 3.50 203.00 710.50 WILSON, CRYSTAL 15.25 203.00 3,095.75 SENIOR PROFESSIONAL SPENCER, JOHN 1.00 225.00 225.00 JOSEPH, CRAIG 9.00 225.00 2,025.00 SENIOR PRINCIPAL WISSLER, MATT 3.00 260.00 780.00 Vendor Name Doc IJbr Date Cost Multiplier Amount Subcontractors -Billable SCHMIDT NICHOLS 20215432 01/27/2022 560.60 1.1 616.66 1 BROWN & PHILLIPS, INC. 03092201 03/09/2022 5,220.00 1.1 5,742.00 2 AYRES ASSOCIATES, INC 198130 03/08/2022 3,200.00 1.1 3,520.00 3 Total: Subcontractors -Billable 9,878.66 Total Phase : 02) FINALIZE DESIGN PLANS Phase Labor 7,677.75 3.0% Technology/Communication Fee 230.33 Phase Expense 9,878.66 Total Project Labor 9,641.75 3.0% Technology/Communication Fee 289.25 Total Project Expense 9,878.66 Total Project: FR0766P -- GIFFORD REDV 19,809.66 INCPMGEOPH Page 2 1PO#: 100032157 Schmidt Nichols s C H M I DT 1551 N Flagler Drive N I C H 0 L S Suite 102 LANDSCAPE ARCHITECTURE West Palm Beach, FL 33401 AND URBAN PLANNING Bill To Cristina Chiera Graver Geosyntec Consultants 900 Broken Sound Pkwy. NW #200 Boca Raton, FL 33431 Date 12/28/2021 Invoice # 20215432 Terms Net 30 Due Date 1/27/2022 I Project Name I 676.02 Gifford Land Fill Redev 18-108 E -Mail Address Date of Service Description Quantity Rate Amount 12/1/2021 12/31/2021 Task Coordination with engineer and follow up on scope Updates Plan and send to Engineer. Principal 0.00 175.00 0.00 Senior Planner 0.00 150.00 0.00 Planner 0.00 125.00 0.00 Senior Landscape Architect 1.25 120.00 150.00 Landscape Architect 0.00 100.00 0.00 GIS Specialist 0.00 85.00 0.00 Graphic Designer 0.00 80.00 0.00 Landscape Designer/Technician 4.00 80.00 320.00 CAD Technician/Drafter 0.00 75.00 0.00 Admin 0.50 55.00 27.50 497.50 12/1/2021 12/23/2021 24x36 Bond Prints Invoice No. 888688 24.82 24.82 12/24/2021 Federal express delivery 13.28 13.28 Administrative Processing Fee 25.00 25.00 12/31/2021 Total Reimbursable Expenses 63.10 Payments shall be made upon monthly billing, payable within 30 days from the date of invoice. Any billing dispute or discrepancy shall be set forth in writing and delivered to Schmidt Nichols prior to the due date fcr payment. Any matter not set forth in writing and delivered prior to the due date shall be deemed waived and Vie invoice shall be deemed correct and Sub -Total $560.60 due in full. Past due payments shall include interest from the date of invoice at a simple interest rate of 18% per month. - Phone # Fax # E-mail Payments $0.00 561-684-6141 javalosCsnlandplan.com Balance Due $560.60 Iyl CIM BROWN P R O F E S S 1 0 N A 1 Geosyntec Consultants, Inc. Crystal Wilson 900 Broken Sound Parkway NW Suite 200 Boca Raton, FL 33487 PO#:100032148 S& PHILLIPS, Inc. S U R V E Y I N G S E R V I C E S Invoice Date ( Invoice # 3/9/2022 J 03092201 1860 Old Okeechobee Road • Suite 509 • West Palm Beach, Florida 33409 439 (561) 615-3988 • Fax (561) 615-3991 Terms Due Date Project Number Due on receipt 3/9/2022 20-013E Description Hours Rate Amount Former Gifford Landfill 40714 1 st Street, Vero Beach Subcontract Work Order 100032148 C/E Project No.: FR0766P Professional Surveying Services for the period ending March 4, 2022 Tree Survey for New Area to the East Project 100% complete ($5,220.00) less amount previously invoiced 5,220.00 0.00 5,220.00 0.00 Total $5,220.00 1860 Old Okeechobee Road • Suite 509 • West Palm Beach, Florida 33409 439 (561) 615-3988 • Fax (561) 615-3991 /BYRES Please remit payment to: Ayres Associates Inc 8875 Hidden River Parkway, Suite 200 Tampa, FL 33637-1035 Crystal Wilson Geosyntec, Inc 1200 Riverplace Blvd Suite 710 Jacksonville, FL 32207 Invoice Geosyntec - Vero Beach Park Reclamation Irrigation Plan Professional Services through March 5. 2022 Fee Total Fee 3,200.00 Percent Complete 100.00 Total Earned Previo_s Fee Billing Curreni Fee Billing Total Fee PO#: 100033028 Project Manager: Project Contact: March 8, 2022 Project No: Invoice No: Kariena Veaudry 51-0577.01 198130 3,200.00 0.00 3,200.00 3,200.00 TOTAL THIS INVOICE $3,200.00 All invoices are payable upon receipt There will be a monthly finance charge of 11% (12% per year) on the unpaid balance. When you provide a check as payment, you authorize us either 440 to use irecrrnaton from your check to make a one-time electronic fun-itransfer from your account or to process the payment as a check transaction.